NC0000396_NOV-2020-SP-0001_20200218

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ROY COOPER 4,
Governor * �
MICHAEL S.REGAN
Secretary *�ersvio"
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
2 2 February 18, 0 0
CERTIFIED MAIL 7010 2780 0003 4825 8926
RETURN RECEIPT REOUESTED
Mr. Antonio Price, Plant Manager
Duke Energy Progress, LLC—Asheville Plant
200 CPL Dr.
Arden,NC 28704
Subject: Notice of Violation NOV-2020-SP-0001
Special Order by Consent WQ S 17-010
Duke Energy Progress, LLC—Asheville Plant
NPDES Permit Number NC0000396
Buncombe County
Dear Mr. Price:
On October 10, 2018,the Environmental Management Commission entered into the subject
Special Order by Consent(SOC)whereby the Asheville Plant was granted interim action levels
(IALs) for Copper,Nickel and pH within unnamed tributaries to the French Broad River that
have been affected by seep flows from the Asheville Plant and monitored at locations E-01 and
F-01. The IALs(enforcement threshold levels for instream concentrations of particular
parameters that are higher than the water quality standards) were established in exchange for
Duke Energy's commitment to a schedule of activities that will substantially reduce or eliminate
the seeps at the Asheville Plant. 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 Asheville Plant's SOC monitoring data submitted for the fourth quarter of
calendar year 2019 has indicated a violation of the SOC IALs for Copper,Nickel and pH to the
extent shown below.
Reported Interim
Date Seep Parameter Value Action Level Over IAL
11/7/2019 E-01 Nickel 60.8141 60 µg/1 1.33
11/7/2019 E-01 pH 4.1 s.u. 5 — 10 s.u. N/A
11/7/2019 F-01 Copper 23.4 µg/1 15 µg/1 56
11/7/2019 F-01 pH 4.9 s.u. 5 — 10 s.u. N/A
liGE Q North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mall Service Center I Raleigh,North Carolina 27699 1617
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Mr. Antonio Price
NOV-2020-SP-0001
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 6 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 6 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 6, 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 was required to conduct
monthly sampling at the F-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 for Copper, Duke Energy was required to conduct a re-assessment of Seep F-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. The report
compiling the findings of the re-assessment, including proposed remedial actions, was received
by the Director of DWR on January 22, 2020. Following its review, DWR shall notify Duke
Energy of its concurrence or disapproval of Duke Energy's proposed remedial actions.
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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