Duke 2C Variance FINAL_20150304

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
March 4, 2015
Sean DeNeale
Duke Energy
PO Box 1006
Mail Code EC13K
Charlotte, NC 28201-1006
Donald R. van der Vaart
Secretary
Subject: Variance to 15A NCAC 02C.01 14(b)(2) for Duke Energy Groundwater
Assessments at 14 Coal Ash Facilities
Dear Mr. DeNeale:
On February 25, 2015, the Division of Water Resources received a request for a variance to the
North Carolina Well Construction Standards, specifically Rule 15A NCAC 02C .0114(b)(2).
This rule requires well construction or abandonment records be submitted within 30 days after
the completion or abandonment of the well. The variance request (attached) is to submit all well
construction records after the last groundwater assessment well is completed. The well
construction records will also be provided in the Groundwater Assessment Report to be
submitted within 180 days of Department approval of the revised Groundwater Assessment
Plans.
Based upon the information provided by Mr. DeNeale, it is my finding that the factors specified
are sufficient to satisfy the conditions for approval of a variance as defined in 15A NCAC 02C
.0118. This variance will be effective for the duration of the groundwater assessment activities
required for the preparation of the groundwater assessment report as required by G.S. 130A-
309.209.
The granting of this variance in no way relieves the owner or agent from other requirements of
the applicable North Carolina Well Construction Standards or any applicable law, rule, or
regulation that may be regulated by other agencies. If you are dissatisfied with this decision, you
may commence a contested case by filing a petition under G.S. 150-23 within sixty (60) days
after the receipt of the decision.
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Phone: [phone]Internet: http://www.ncwater.org
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Please contact Debra Watts at [phone] if you have any questions or need additional
information.
Sincerely,
S. Jay Zimmerman, P.G., Director
Division of Water Resources
Attachment: Variance Request submitted February 25, 2015
Cc: WQROS Regional Supervisors
Michele Scott - DWR Information Processing Unit
File Copy

Smith, Eric
From: DeNeale, Sean <[e-mail]>
Sent: Wednesday, February 25, 2015 4:46 PM
To: Smith, Eric
Cc: Watts, Debra; Zimmerman, Jay; Lanter, Steven
Subject: Ash Basin Groundwater Assessments - Variance Request for Well Completion Record
Submittals
Eric,
North Carolina Well Construction Record (GW -1) forms provide instructions to submit the forms to the NCDENR Division
of Water Resources Information Processing Unit within 30 days of completion of well construction. In accordance with
the Coal Ash Management Act of 2014, Duke Energy and its contractors/subcontractors will install over 800 wells during
the first and second quarters of 2015 at 14 facilities across North Carolina. Given the significant duration and continual
drilling required for this project at each site, Duke Energy requests a variance to the 30 -day instruction to allow our
drillers, geologists, and engineers to focus more intently on this sensitive project. We propose to submit GW -1 forms for
each of the 14 facilities to the Information Processing Unit within 30 days following completion of the last groundwater
assessment well installed. Additionally, we propose to include each facility's well records in the Groundwater
Assessment Report to be submitted within 180 days of Department approval.
We appreciate your consideration of this request, and please let me know if you have any further questions.
Searvl)eNecLZ&
Duke Energy - Environmental Services
Engineer II - Waste Programs
Office: [phone]
Cell: [phone]
Sean. DeNea [e-mail]