NC0004987_Special Order by Consent_20191122

ROY COOPER ,y IATtNi
Governor -r
MICHAEL S. REGAN VI:
Secretary •v.a x.s+�'• C
LINDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
November 22, 2019
CERTIFIED MAIL 7010 2780 0003 4825 8896
RETURN RECEIPT REQUESTED
Mr. Rick Roper, General Manager
Duke Energy Carolinas, LLC—Marshall Steam Station
8329 East NC Highway 150
Terrell,NC 28682
Subject: Notice of Violation NOV-2019-SP-0008
Special Order by Consent WQ S 17-009
Duke Energy Carolinas, LLC—Marshall Steam Station
NPDES Permit Number NC0004987
Catawba County
Dear Mr. Roper:
On April 18, 2018, the Environmental Management Commission entered into the subject Special
Order by Consent(SOC) whereby the Marshall Steam Station was granted an interim action
level (IAL) for Hardness within an unnamed tributary to the Catawba River(Lake Norman) that
has been affected by flow from Seep S-01. The IAL(an enforcement threshold level for
instream concentrations of a particular parameter that is higher than the water quality standard)
was established in exchange for Duke Energy's commitment to a schedule of activities that will
substantially reduce or eliminate the seeps at the Marshall Steam Station. The SOC contains
provision for the assessment of stipulated penalties when either IALs are exceeded or schedule
dates are not met.
A review of the Marshall Steam Station's SOC monitoring data submitted for the third quarter of
calendar year 2019 has indicated a violation of the SOC IAL for Hardness to the extent shown
below.
Reported Interim %
Date Seep Parameter Value Action Level Over IAL
9/25/2019 S-01 Hardness 316 mg/1 200 mg/1 58
D i North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh.North Carolina 27699-1617
:.../o i°«a....ro.12r V
919.707.9000

Mr. Rick Rosen
NOV-2019-SP-0008
p. 2
You are directed to immediately take whatever remedial actions are necessary to correct the
problems that have led to this violation. Paragraph 2(a)(2) of the SOC stipulates that a penalty in
the amount of$4,500.00 shall be paid for each violation of an interim action level. However,
Paragraph 5 of the SOC enumerates circumstances under which stipulated penalties are not due,
stating this provision is applicable when the Division of Water Resources can be satisfied the
non-compliance was caused by events or circumstances beyond the control of Duke Energy.
If you have information that will prove to the Division that any or all of the criteria set forth in
Paragraph 5 have been met, you must submit this information in writing to the attention of Mr.
Bob Sledge at the letterhead address within thirty(30) days following your receipt of this notice.
In the absence of evidence justifying the application of the provision within Paragraph 5, this
Office will proceed with assessment of stipulated penalties as provided for in the SOC.
Pursuant to the terms of Paragraph 2(c)(1) of the SOC, Duke Energy is required to conduct
monthly sampling at the S-01 monitoring location until results of monitoring return to levels
observed at that location when the SOC was initiated. Additionally, and also pursuant to the
terms found in Paragraph 2(c)(1),because the reported exceedance was greater than 20%higher
than the IAL, Duke Energy is required to conduct a re-assessment of Seep S-01, including,but
not limited to, evaluation of proposed remedial actions for treatment and/or control of the seep
such that impacts to the receiving waters are quickly mitigated. A report compiling the findings
of the re-assessment, including proposed remedial actions, shall be provided to the Director of
DWR no later than November 24, 2019 (within 60 days of the exceedance observed on
September 25, 2019). Following its review, DWR shall notify Duke Energy of its concurrence
or disapproval of Duke Energy's proposed remedial actions. In its October 25, 2019 transmittal
of SOC monitoring data, Duke Energy stated it was taking action to satisfy the terms of
Paragraph 2(c)(1).
If you have any questions about this matter, please contact Bob Sledge by phone at(919) 707-
3602, or via email at [e-mail].
Sincerely,
Jeffrey O. Poupart, Chief
Water Quality Permitting Section
cc: Bob Sledge
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