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HomeMy WebLinkAboutNC0003468_DRSS CAP Part I_Appx A_Final_20151112 Appendix A Regulatory Correspondence This page intentionally left blank A 4 A=(WA 4AF1 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary August 13, 2014 CERTIFIED MAIL 7004 2510 0000 3651 1168 RETURN RECEIPT REQUESTED Paul Newton Duke Energy 526 South Church Street Charlotte, NC 28202 Subject: Notice of Regulatory Requirements Title 15A North Carolina Administrative Code (NCAC) 02L .0106 14 Coal Ash Facilities in North Carolina Dear Mr. Newton: Chapter 143, North Carolina General Statutes, authorizes and directs the Environmental Management Commission of the Department of Environment and Natural Resources to protect and preserve the water and air resources of the State. The Division of Water Resources (DWR) has the delegated authority to enforce adopted pollution control rules. Rule 15A NCAC 02L .0103(d) states that no person shall conduct or cause to be conducted any activity which causes the concentration of any substance to exceed that specified in 15A NCAC 02L .0202. As of the date of this letter, exceedances of the groundwater quality standards at 15A NCAC 02L .0200 Classifications and Water Quality Standards Applicable to the Groundwaters of North Carolina have been reported at each of the subject coal ash facilities owned and operated by Duke Energy (herein referred to as Duke). Groundwater Assessment Plans No later than September, 26 2014 Duke Energy shall submit to the Division of Water Resources plans establishing proposed site assessment activities and schedules for the implementation, completion, and submission of a comprehensive site assessment (CSA) report for each of the following facilities in accordance with 15A NCAC 02L .0106(g): Asheville Steam Electric Generating Plant Belews Creek Steam Station Buck Steam Station Cape Fear Steam Electric Generating Plant Cliffside Steam Station 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-64641 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper Mr. Paul Newton August 12, 2014 Page 2 of 3 Dan River Combined Cycle Station H.F. Lee Steam Electric Plant Marshall Steam Station Mayo Steam Electric Generating Plant Plant Allen Steam Station Riverbend Steam Station Roxboro Steam Electric Generating Plant L.V. Sutton Electric Plant Weatherspoon Steam Electric Plant The site assessment plans shall include a description of the activities proposed to be completed by Duke that are necessary to meet the requirements of 15A NCAC 02L .0106(g) and to provide information concerning the following: (1) the source and cause of contamination; (2) any imminent hazards to public health and safety and actions taken to mitigate them in accordance to 15A NCAC 02L .0106(f); (3) all receptors, and significant exposure pathways; (4) the horizontal and vertical extent of soil and groundwater contamination and all significant factors affecting contaminant transport; and (5) geological and hydrogeological features influencing the movement,. chemical, and physical character of the contaminants. For your convenience, we have attached guidelines detailing the information necessary for the preparation of a CSA report. The DWR will review the plans and provide Duke with review comments, either approving the plans or noting any deficiencies to be corrected, and a date by which a corrected plan is to be submitted for further review and comment or approval. For those facilities for which Duke has already submitted groundwater assessment plans, please update your submittals to ensure they meet the requirements stated in this letter and referenced attachments and submit them with the others. Receptor Survey No later than October 14t', 2104 as authorized pursuant to 15A NCAC 02L .0106(g), the DWR is requesting that Duke perform a receptor survey at each of the subject facilities and submitted to the DWR. The receptor survey is required by 15A NCAC 02L .0106(g) and shall include identification of all receptors within a radius of 2,640 feet (one-half mile) from the established compliance boundary identified in the respective National Pollutant Discharge Elimination System (NPDES) permits. Receptors shall include, but shall not be limited to, public and private water supply wells (including irrigation wells and unused or abandoned wells) and surface water features within one-half mile of the facility compliance boundary. For those facilities for which Duke has already submitted a receptor survey, please update your submittals to ensure they meet the requirements stated in this letter and referenced attachments and submit them with the others. If they do not meet these requirements, you must modify and resubmit the plans. Mr. Paul Newton August 12, 2014 Page 3 of 3 The results of the receptor survey shall be presented on a sufficiently scaled map. The map shall show the coal ash facility location, the facility property boundary, the waste and compliance boundaries, and all monitoring wells listed in the respective NPDES permits. Any identified water supply wells shall be located on the map and shall have the well owner's name and location address listed on a separate table that can be matched to its location on the map. Failure to comply with the State's rules in the manner and time specified may result in the assessment of civil penalties and/or the use of other enforcement mechanisms available to the State. We appreciate your attention and prompt response in this matter. If you have any questions, please feel free to contact S. Jay Zimmerman, Water Quality Regional Operations Section Chief, at (919) 807-6351. 2hn ierely, E. Skvarla, III Attachment enclosed cc: Thomas A. Reeder, Director, Division of Water Resources Regional Offices — WQROS File Copy August 12, 2014 GUIDELINES FOR COMPREHENSIVE SITE ASSESSMENT This document provides guidelines for those involved in the investigation of contaminated soil and/or groundwater, where the source of contamination is from: ■ Incidents caused by activities subject to permitting under G.S. 143-215.1 ■ Incidents caused by activities subject to permitting under G.S. 87-88 ■ Incidents arising from agricultural operations, including application of agricultural chemicals, but not including unlawful discharges, spills or disposal of such chemicals Comprehensive Site Assessment (CSA) NOTE: Regional Offices may request additional information in support of the CSA to aid in their review and will not approve the CSA if any of the elements specified below have not been included or have not been sufficiently addressed Minimum Elements of the Comprehensive Site Assessment Report: A. Title Page • Site name, location and Groundwater Incident number (if assigned) and Permit Number; • Date of report; • Responsible Party and/or permiee, including address and phone number; • Current property owner including address and phone number; • Consultant/contractor information including address and phone number; • Latitude and longitude of the facility; and • Seal and signature of certifying P.E. or P.G., as appropriate. B. Executive Summary The Executive Summary should provide a brief overview of the pertinent site information (i.e., provide sufficient information to acquaint the reader with the who, what, when, where, why and how for site activities to date). 1. Source information: Type of contaminants 2. Initial abatement/emergency response information. 1 August 12, 2014 3. Receptor information: • Water supply wells; • Public water supplies (wells, surface water intakes); • Surface water bodies; • Wellhead protection areas; • Deep aquifers in the Coastal Plain physiographic region; • Subsurface structures; and • Land use. 4. Sampling/investigation results: • Nature and extent of contamination; • Maximum contaminant concentrations; • Site hydrogeology. 5. Conclusions and recommendations. C. Table of Contents • First page number for each section listed. • List of figures (all referenced by number and placed in a single section following contents text). • List of tables (all referenced by number and placed in a single section following contents text). • List of appendices. D. Site History and Source Characterization • Provide a history of property ownership and use. Indicate dates of ownership, uses of the site, and potential sources of contaminants. • Discuss the source(s) of contamination, including primary and secondary sources. • For permitted activities, describe nature of activity, permitted waste, application of all instances of over-application/irrigation of wastes or water • Summarize assessment activities and corrective actions performed to date including emergency response, initial abatement, primary and secondary source removal. • Discuss geographical setting and present/future surrounding land uses. E. Receptor Information Provide a site map showing labeled well locations within a August 12, 2014 minimum of 1500 feet of the known extent of contamination. Key to the table and maps described. NOTE: As the known extent of contamination changes, the receptor survey must be updated to reflect the change. This applies throughout the Receptor Information section. • In table format, list all water supply wells, public or private, including irrigation wells and unused wells, (omit those that have been properly abandoned in accordance with 15A NCAC 2C .0100) within a minimum of 1500 feet of the known extent of contamination. Note whether well users are also served by a municipal water supply. • For each well, include well number, well owner and user names, addresses and telephone numbers, use of the well, well depth, well casing depth, well screen interval, and distance from source of contamination; NOTE: It will often be necessary to conduct any or all of the following in order to ensure reliability in a water supply well survey. o Call the city/county water department to inquire about city water connections, o Visit door-to-door (make sure that you introduce yourself and state your purpose to residents prior to examining their property) to obtain accurate description of water usage, and if some residents are not at home, ask surrounding neighbors who are home about the water usage at those residences. Even if a public water line is available, some residents still use their well water and are not connected to the public water system; and o Search for water meters and well houses. • Site map showing location of subsurface structures (e.g., sewers, utility lines, conduits, basements, septic tanks, drain fields, etc.) within a minimum of 1,500 feet of the known extent of contamination; • Table of surrounding property owner addresses; • Discuss the availability of public water supplies within a minimum of 1,500 feet of the source area, including the distance and location to the nearest public water lines and the source(s) of the public water supply; 3 August 12, 2014 • Identify all surface water bodies (e.g., ditch, pond, stream, lake, river) within a minimum of 1,500 feet of the source of contamination; • Determine the location of any designated wellhead protection areas as defined in 42 USC 300h-7(e) within a minimum of 1,500 feet of the source of contamination. Identify and discuss the location of the water supply well(s) for which the area was designated a wellhead protection area, and the extent of the protected area. Include information about the well owner, well -construction specifications (especially at screened intervals), pumping rate and pumping schedule. Information regarding designated wellhead. protection areas may be obtained by contacting the Public Water Supply Section at (919) 707-9083; • Discuss the uses and activities (involving possible human exposure to contamination) that could occur at the site and adjacent properties. Examples of such activities and uses include but are not limited to use of a property for an office, manufacturing operation, residence, store, school, gardening or farming activities, recreational activities, or undeveloped land; • Determine whether the contaminated area is located in an area where there is recharge to an unconfined or semi -confined deeper aquifer that is being used or may be used as a source of drinking water. Based on a review of scientific literature on the regional hydrogeology and well construction records and lithological logs for deeper wells in the area, identify and describe the deep aquifers underlying the source of contamination. Include information on the depth of the deep aquifer in relation to the surficial saturated zone, the lithology and hydraulic conductivity of the strata between the surficial aquifer and the deeper aquifer, and the difference in groundwater head between the surficial aquifer and the deeper aquifer. Discuss the local and regional usage of the deep aquifer and the draw down from major pumping influences. Also, specify the distance from the source of contamination to major discharge areas such as streams and rivers. Cite all sources and references used for this discussion. NOTE: This requirement (last bullet) only pertains to 4 August 12, 2014 contamination sources in the Coastal Plain physiographic region as designated on a map entitled "Geology of !North Carolina" published by the Department in 1985. However, recharge/discharge, hydraulic conductivity, lithology, head difference, etc. is also important information at mountains and piedmont sites. F. Regional Geology and Hydrogeology Provide a brief description of the regional geology and hydrogeology. Cite all references. G. Site Geology and Hydrogeology • Describe the soil and geology encountered at the site. Use the information obtained during assessment activities (e.g., lithological descriptions made during drilling, probe surveys, etc.). This information should correspond to the geologic cross sections required in N. below; and • Based on the results of the groundwater investigation, describe the site hydrogeology, including a discussion of groundwater flow direction, hydraulic gradient, hydraulic conductivity and groundwater velocity. Discuss the effects of the geologic and hydrogeological characteristics on the migration, retardation, and attenuation of contaminants. H . Soil Sampling Results Using figures and tables to the extent possible, describe all soil sampling performed to date and provide the rationale for sample locations, number of samples collected, etc. Include the following information: • Location of soil samples; • Date of sampling; • Type of soil samples (from excavation, borehole, Geoprobe, etc.); • Soil sample collection procedures (split spoon, grab, hand auger, etc.) • Depth of soil samples below land surface; • Soil sample identification • Soil sample analyses; • Soil sample analytical results (list any contaminant detected above the method detection limit); and 5 August 12, 2014 • Identify any sample analytical results that exceed the applicable cleanup levels. NOTE: Information related to H. above should correspond to the sampling location and sampling results maps required in N. below. I . Groundwater Sampling Results Using figures and tables to the extent possible describe the groundwater sampling performed to date and provide the rationale for sample locations (based on source and contaminant type), number of samples collected, etc. Include the following information: • Location of groundwater samples and monitoring wells; • Date of sampling; • Groundwater sample collection procedures (bailer, pump, etc.); • Groundwater sample identification and whether samples were collected during initial abatement, CSA, etc.; • Groundwater sample analyses; • Groundwater sample analytical results (list any contaminant detected above the method detection limit; and • Identify all sample analytical results that exceed 15A NCAC 2L or interim standards. NOTE: Information related to 1. above should correspond to the sampling location and sampling results maps required in N. below. J. Hydrogeological Investigation Describe the hydrogeological investigation performed including all methods, procedures and calculations used to characterize site hydrogeological conditions. The following information should be discussed and should correspond to the maps and figures required below: • Groundwater flow direction; • Hydraulic gradient (horizontal and vertical); • Hydraulic conductivity; • Groundwater velocity; • Contaminant velocity; • Slug test results; * • Aquifer test results; • Plume's physical and chemical characterization; and • Fracture trace study if groundwater in bedrock is impacted. 6 August 12, 2014 * Check with the Regional Office prior to performing these tests and study to see if necessary for the site. K. Groundwater Modeling Results Groundwater modeling or predictive calculations may be necessary at some sites (source area proximate to surface water, source area located within wellhead protection area or source area overlying semi -confined or unconfined deeper Coastal Plain aquifer) to verify, based on site specific hydrogeological conditions, whether groundwater contamination poses a risk to receptors. For contamination shown to pose a risk to receptors, groundwater modeling may be necessary to determine an appropriate cleanup level for contaminated groundwater. Modeling should illustrate the input data used to complete the model and will generally be required for natural attenuation proposals (see Groundwater Modeling Policy at http://portal. ncdenr.org/web/wq/aps/a-wr)ro/policy). NOTE: Input data for models should be derived from site specific information with limited assumptions or estimates. All assumptions and estimated values including biodegradation rates must be conservative (predict reasonable worst -case scenarios) and must be well documented. L. Discussion • Nature and extent of contamination, including primary and secondary source areas, and impacted groundwater and surface water resources; • Maximum contaminant concentrations; • Contaminant migration and potentially affected receptors M. Conclusions and Recommendations If corrective action will be necessary, provide a preliminary evaluation of remediation alternatives appropriate for the site. Discuss the remediation alternatives likely to be selected. Note that for impacts to groundwater associated with permitted activities, corrective action pursuant to 15A NCAC 2L .0106(k), (1) and (m) is not applicable, unless provided for pursuant to 15A NCAC 2L .0106(c) and (e) or through a variance from the Environmental Management Commission (EMC). N. Figures 9 71/2 minute USGS topographic quadrangle map showing an area August 12, 2014 within a minimum of a 1,500-foot radius of the source of contamination and depicting the site location, all water supply wells, public water supplies, surface water intakes, surface water bodies, designated well head protection areas, and areas of recharge to deeper aquifers in the Coastal Plain that are or may be used as a source for drinking water; Site map locating source areas, site boundaries, buildings, all water supply wells within a minimum of 1,500 feet, named roads/easements/right-of-ways, subsurface utilities, product or chemical storage areas, basements and adjacent properties, scale and north arrow; At least two geologic cross sections through the saturated and unsaturated zones intersecting at or near right angles through the contaminated area using a reasonable vertical exaggeration. Indicate monitoring well/sample boring/sample locations and analytical results for soil samples. Identify the depth to the water table. Provide a site plan showing the locations of the cross sections; ■ Site map(s) showing the results of all soil sampling conducted. Indicate sampling identifications, sampling depths, locations and analytical results; ■ Site map(s) showing the results of all groundwater sampling conducted. Indicate sampling locations, monitoring well identifications, sample identifications, and analytical results; Separate groundwater contaminant iso-concentration contour maps showing total volatile organic compound concentrations, total semi -volatile organic compound concentrations and concentrations for the most extensive contaminant. Maps should depict the horizontal and vertical extent. Contour line for applicable 2L standard should be shown in bold; ■ Site map(s) showing the elevation of groundwater in the monitoring wells and the direction of groundwater flow. Contour the groundwater elevations. Identify and locate the datum (arbitrary 8 August 12, 2014 1000, USGS, NGVD) or benchmark. Indicate the dates that water level measurements were made. There should be one map for each series of water level measurements obtained; ■ Groundwater contaminant iso-concentration contour cross-section; and ■ Site map(s) showing the monitoring wells. NDTE: If possible, use a single base map to prepare site maps using a map scale of 9 inch = 40 feet (or a smaller scale for large sites, if necessary). Maps and figures should include conventional symbols, notations, labeling, legends, scales, and north arrows and should conform to generally accepted practices of map presentation such as those enumerated in the US Geological Survey pamphlet, "Topographic Maps". O. Tables List all water supply wells, public or private, including irrigation wells and unused wells, (omit those that have been properly abandoned in accordance with 15A NCAC 2C .0100) within a minimum of 1500 feet of the known extent of contamination For each well, include the well number (may use the tax map number), well owner and user names, addresses and telephone numbers, use of the well, well depth, well casing depth, well screen interval and distance from the source of contamination; List the names and addresses of property owners and occupants within or contiguous to the area containing contamination and all property owners and occupants within or contiguous to the area where the contamination is expected to migrate; ■ List the results for groundwater samples collected including sample location; date of sampling; sample collection procedures (bailer, pump, etc.); sample identifications; sample analyses; and sample analytical results (list any contaminant detected above the method detection limit in bold); and List for each monitoring well, the monitoring well identification 9 August 12, 2014 numbers, date water levels were obtained, elevations of the water levels, the land surface, top of the well casing, screened interval and bottom of the well. P Appendices • Boring logs and lithological descriptions; • Well construction records; • Standard procedures used at site for sampling, field equipment decontamination, field screening, etc.; • Laboratory reports and chain -of -custody documents; • Copies of any permits or certificates obtained, permit number, permitting agency, and • Modeling data and results; • Slug/pumping test data; and • Certification form for CSA 10 August 12, 2014 DIVISION OF WATER RESOURCES Certification for the Submittal of a Comprehensive Site Assessment Responsible Party and/or Permittee: Contact Person: Address: City: State: Zip Code: Site Name: Address: City: State: Zip Code: Groundwater Incident Number (applicable): I, , a Professional Engineer/Professional Geologist (circle one) for (firm or company of employment) do hereby certify that the information indicated below is enclosed as part of the required Comprehensive Site Assessment (CSA) and that to the best of my knowledge the data, assessments, conclusions, recommendations and other associated materials are correct, complete and accurate. (Each item must be initialed by the certifying licensed professional) 1. The source of the contamination has been identified. A list of all potential sources of the contamination are attached. 2. Imminent hazards to public health and safety have been identified. 3. Potential receptors and significant exposure pathways have been identified. 4. Geological and hydrogeological features influencing the movement of groundwater have been identified. The chemical and physical character of the contaminants have been identified. 5. The CSA sufficiently characterizes the cause, significance and extent of groundwater and soil contamination such that a Corrective Action Plan can be developed. If any of the above statements have been altered or items not initialed, provide a detailed explanation. Failure to initial any item or to provide written justification for the lack thereof will result in immediate return of the CSA to the responsible party. (Please Affix Seal and Signature) 11 !� DuRe ENERGY. Uctober 9, 2U 1 h Mi . To,,, Reeds AssisLanL Secretary for the Environment North Ca<ohiia Department of Environmental duality IOU I Mail Service Center Raleigh, North uarolina 27by9- I ou I Subject: 9U Day Extension for Corrective Action Plans Dear A3w3iana See,etary Reeder: Flany R. Sideris Senior Vice-Prebident Environmental, Health & Safety 526 South Uhumh Street: Mail Code EC3XP CMallotte, rvortM Carolina 252u2 704-382-4303 Duke Energy is requesting a 9U day extension for submittal of the final Groundwater Corrective Action Plans per Section 130A-309.209(b)(1) of the Coal Ash Management Act of 2014. This extension request was discussed with NCDEQ technical statt on September 23 and with NCDEQ management on October 2. It i3 Duke Eue,gy'6 uude►standing based on tfiiese discussions wat NCDEQ would like to divide the uAP scope into two pans with the tirst pit submitted on the orig*,nal due dates and the Secchid pater aubu.►tied 90 days later. The following due dates are our understanding based on these discussions: Plant Name CAP Part I Due Date CAP Part 2 Due Date Weatherspoon Power Plant November 3, 2015 February 1, 2016 HF Lee Energy Complex November 3, 2015 February 1, 2016 L.V. Sutton Energy Complex November 3, 2015 February 1, 2016 Dan River Steam Station November 12, 2015 February 10, 2016 Rogers Energy Complex November 16, 2015 February 14, 2016 Riverbend Steam Station November 16, 2015 February 14, 2016 Allen Steam Station November 21, 2015 February 19, 2016 Buck Steam Station November 21, 2015 February 19, 2016 Asheville Steam Electric Plant November 21, 2015 February 19, 2016 Cape Fear Plant Mayo Steam Electric Power Plant December 1, 2015 February 29, 2016 December 1, 2015 February 29, 2016 February 29, 2016 Roxboro Steam Electric Plant December 1, 2015 Marshall Steam Station — Belews Creek Steam Station -- December 7, 2015 March 6, 2016 December g, 2015 March 7, 2016 UuKe Energy proposes that the Part 1 CAP reports (submitted 90 days after the uroundwater Assessment Reports were submitted) include: backg -und ;nfoi niation, a bucf Summary uf the CSA find►ng5, a bl;ef description of site geology and tiydrogeology, a summary of the previously completed receptor survey, a description of 2L and 2B m%ceedance57 p►epo6ed 5;te-5pecif►e g►eundwater background concent►atiom, a detailed description of the site conceptual model, and groundwater now and transport modeling. Part 2 would contain the re,ita;nde, of the CAP including the ►;5k asse5sinent, alternative methods for achieving restoration, conceptual plans for recommended corrective actions, implementation schedule, and a plan for future monitoiwg and eporting. It you have comments and/or questions, please direct them to me at 704-392-4303. Sincerely, Harry K. Side,;5 Senior Vice-Yresidem Enviioinnental, Health & Safety