NC0001422_Final Permit_20200616

ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH
Director
Mr. Paul Draovitch, Senior Vice President
Environmental, Health and Safety
Duke Energy Carolinas, LLC
Mail Code EC13K
P.O. Box 1006
Charlotte, North Carolina 28201-1006
Dear Mr. Draovitch:
NORTH CAROLINA
Environmental Quality
June 12, 2020
Subject: Permit Major Modification
Pemvt NC0001422
L.V. Sutton Energy Complex
New Hanover County
Facility Class I
We have received your request for a Major Modification of the subject facility. The request has been
granted.
Enclosed with this letter is modified permit. Please replace the existing permit with the modified
permit.
The permit modification contains the following significant changes from your current
permit:
• Copper and Nickel Compliance Schedule for Outfall 001 /004 was eliminated. The facility
submitted a CORMIX model and limits for Copper (limit was eliminated), Nickel, Arsenic, and
Selenium were recalculated.
• Special conditions for continuous pH and TSS monitoring were removed from the permit since
the facility completed excavation of the ash.
• Copper compliance schedule for Outfall 008 was extended by 2 years to allow the facility to
conduct a Water Effect Ratio study.
• Wastewater from the Lay of the Land Ares (LOLA) was added to Outfall 001 to facility
excavation of coal ash from LOLA.
• Whole Effluent Toxicity monitoring frequency was reduced to Quarterly from Monthly due to
the completion of the coal ash excavation.
• Internal Outfalls 005, 006, 007, and 009 were removed from the permit since all the wastewater
from these Outfalls is monitored at Outfall 008.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
na,.„ rxw
919.707.9000

• Outfalls 002 and 004 were removed from the permit since both ash ponds have been completely
excavated.
• Limit for Copper (Outfall 001) was removed from the permit based on the results of the
Reasonable Potential Analysis that considered a new dilution derived from the CORMIX model.
• Limits for Arsenic, Selenium, and Nickel (Outfall 001) have been recalculated based on the
results of the Reasonable Potential Analysis that considered a new dilution derived from the
CORMIX model.
• Acute toxicity testing requirements have been changed to Chronic Quarterly testing
requirements at 22% based on the CORMIX model.
No other changes have been made. This permit modification is issued pursuant to the requirements of
North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina
and the U.S. Environmental Protection Agency.
Please take notice that this permit is not transferable. Part II, EA. addresses the requirements to be
followed in case of change in ownership or control of this discharge.
If you have any questions or need additional information, please contact Sergei Chernikov, telephone
number [phone] or email: [e-mail].
Sincerely,
D�.lZecwt
V Division of Water Resources
cc: Central Files
NPDES Files
Wilmington Regional Office/Water Quality
WSS/Aquatic Toxicology Unit (e-copy)
EPA Region IV (e-copy)

Permit NC0001422
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Water Quality Commission, and the
Federal Water Pollution Control Act, as amended,
Duke Energy Progress, LLC
is hereby authorized to discharge wastewater from a facility located at the
L. V. Sutton Energy Complex
801 Sutton Steam Plant Road, Wilmington
New Hanover County
to receiving waters designated as the Cape Fear River and Sutton Lake in the Cape Fear
River Basin in accordance with the discharge limitations, monitoring requirements,
compliance boundary map, and other applicable conditions set forth in Parts I, II, and III.
This permit modification shall become effective July 1, 2020.
This permit and the authorization to discharge shall expire at midnight on September 30,
2022.
Signed this day June 12, 2020,
/(s aniel Smt erector
U ision of Water Resources
By the Authority of the Environmental Management Commission
Page 1 of 19

Permit NC0001422
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked. As of this permit issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein.
Duke Energy Progress, LLC is hereby authorized to:
1. Continue to discharge cooling water, low volume wastes, and stormwater to the
Effluent Channel, wastewater flows associated from the excavation of the lay of
land area (LOLA), and internal stormwater outfalls SW001, SW002, SW003,
SW004, SW005, SW006, and SWO07 to the Effluent Channel (the Effluent
Channel discharges via external Outfall 008 to the Sutton Lake); ash pond
discharge, groundwater, treated wastewater, landfill leachate, and stormwater
runoff (Outfall 001); Outfall 001 may also include cooling water from Outfall 008;
at a facility located at Sutton Steam Electric Plant, 801 Sutton Steam Plant Road,
Wilmington, New Hanover County, and
2. Discharge wastewater (via Outfall 008) at the locations specified on the attached
map into the Sutton Lake which is classified C-Swamp waters in the Cape Fear
River Basin.
3. Discharge non -contact stormwater (via Outfall 010 - North Pond Emergency
Spillway and Outfall 011 - South Pond Emergency Spillway) from landfill (after
landfill is capped) at the locations specified on the attached map into the Sutton
Lake which is classified C-Swamp waters in the Cape Fear River Basin.
Discharge is only allowed for storm events that exceeds 25-year 24-hour storm
events.
4. Discharge treated wastewater, ash pond discharge, stormwater, landfill leachate,
and groundwater (via Outfall 001) at the location specified on the attached map
into the Cape Fear River, classified C-Swamp waters in the Cape Fear River
Basin.
Page 2 of 19

Permit NC0001422
Part I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
(Outfall 001)
115A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge treated industrial wastewater to the Cape Fear River from Outfall
001 (recirculation cooling water and non -contact cooling water). Such discharges shall be limited
and monitored6 by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequencv
Sample
Type
Sample
Location'
Flow, MGD
Daily
Estimate or
pump logs
Effluent
Temperaturel,2, OC
Quarterly
Grab
U, D
Tem erature2, OC
Daily
Grab
Effluent
pH
> 6.0 and < 9.0 standard
units
Weekly
Grab
Effluent
Oil and Grease
15.0 m L
20.0 m L
Weekly
Grab
Effluent
Total Suspended Solids,
m L
30.0 mg/L
100.0 mg/L
Weekly
Grab
Effluent
Total Nitrogen
NO2 + NO3 + TKN , m L
Weekly
Grab
Effluent
Total Phosphorus, m L
Weekly
Grab
Effluent
Dissolved Oxygen, m L
Weekly
Grab
Effluent
Chronic Toxicit s
Quarterly
Grab
Effluent
Total Mercury, n L^
I
Weekly
Grab
Effluent
Total Arsenic
44.8 µ L
1,318.3 µ L
Weekly
Grab
Effluent
Total Selenium
22.4 µg/L
217.1 µg/L
Weekly
Grab
Effluent
Total Iron, m L
Weekly
Grab
Effluent
Total Lead,µ L
Weekly
Grab
Effluent
Total Cadmium, µ L
Weekly
Grab
Effluent
Total Aluminum, m L
Weekly
Grab
Effluent
Total Copper
Weekly
Grab
Effluent
Total Nickel
112.1 µ L
1,299.7 µ L
eekly
Grab
Effluent
Total Zinc, µ L
Weekly
Grab
Effluent
Turbidity, NTU5
Weekly
Grab
Effluent
Total Hardness, m L
Weekly
Grab
Effluent
Notes:
1. U: Upstream, 2700 feet above outfall (intake structure on the Cape Fear River). D: Downstream,
1.25 miles below outfall. Instream monitoring is provisionally waived in light of the
permittee's participation in the Lower Cape Fear River Basin Association. Instream
monitoring shall be conducted as stated in this permit should the permittee end its
participation in the Association.
2. The receiving water's temperature shall not be increased by more than 2.8°C above ambient water
temperature and in no case exceed 32°C, except in the mixing zone described as follows:
Extending from the eastern shore to the centerline of the river and extending not more than 1.25
miles downstream nor more than 2700 feet from the point of discharge. The cross -sectional area
of the mixing zone shall not exceed 9% of the total cross sectional area of the river at the point of
discharge nor 2.5% at the mouth of Toomer's Creek.
3. Chronic Toxicity Limit (Ceriodaphnia at 22%); see A. (15.).
4. The facility shall use EPA method 1631E.
Page 3 of 19

Permit NC0001422
5. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50
NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the
discharge cannot cause turbidity to increase in the receiving stream.
6. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR
application system. Please See A. (17.).
Page 4 of 19

Permit NC0001422
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
(Outfall 008)5
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.)
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge treated industrial wastewater to Sutton Lake from Outfall 008
(wastewater from combined cycle unit, simple cycle unit, and internal stormwater outfalls
SWO01 through SWO07). Such discharges shall be limited and monitored6 by the Permittee as
specified below:
EFFLUENT
CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly
Averse
Daily
Maximum
Measurement
Frequency
Sample Type
Sample
Location'
Flow, MGD
Daily
Estimate or
pump logs
Effluent
Temperature OC
Daily
Instantaneous
Effluent
Temperature ',z OCI
Daily
Grab
Downstream
Oil and Grease
15.0 m L
20.0 m L
Monthl
Grab
Effluent
Total Suspended Solids
30.0 m L
100.0 m L
Month'
Grab
Effluent
Total Nitrogen
NO2 + NO3 + TKN , m L
Monthly
Grab
Effluent
Dissolved Oxygen, m L
Monthly
Grab
Effluent
pH
> 6.0 and < 9.0 standard
units
Daily
Grab
ffl
Effluent
Total Phosphorus, m L
Monthly
Grab
Effluent
Acute ToxiCity3
Quarterly
Grab
Effluent
Total Mercu 4, n L
Quarterly
Grab
Effluent
Total Arsenic?
10.0 µ L
50.0 µ L
Quarterly
Grab
Effluent
Total Selenium?
5.0 µ L
56.0 µ L
Quarterl
Grab
Effluent
Total CopperB
7.88 µ L
10.47 µ L
Qu ply
Grab
Effluent
Total Zinc, µ L
Quarterly I
Grab
Effluent
Notes:
1. Downstream: 1000 feet from outfall.
2. The receiving water's temperature shall not be increased by more than 2.8°C above ambient
water temperature and in no case exceed 32"C. The limit is not being implemented until
further notice (Please see A. (12.)).
3. Acute Toxicity Limit (Fathead Minnow, 24-hour at 90%); see A. (5.).
4. The facility shall use EPA method 1631E.
5. The facility shall install a screen or a barrier at the end of the Effluent Channel to minimize
fish migration into the Channel. The screen/barrier shall be installed by July 1, 2017.
6. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR
application system. Please See A. (17.).
7. The limits become effective on October 1. 2020. (see A. (21.)).
8. The limits become effective on October 1. 2022 to allow the facility to conduct a Water Effect
Ratio Study. The facility shall provide a quarterly progress reports to the Division.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 5 of 19

Permit NC0001422
A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
(Outfall 010)
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until expiration, the
Permittee is authorized to discharge non -contact stormwater from Outfall 010 - the North Pond
Emergency Spillway of the capped landfill. Such discharges shall be limited and monitored' by the
Permittee as specified below:
EFFLUENT
CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
a
Sample
Location
Flow, MGD
Per discharge event
Estimate
Effluent
H
> 6.0 and < 9.0 standard units
Per discharge event
Grab
Effluent
Oil and Grease
15.0 m L
20.0 m L
Per discharge event
Grab
Effluent
TSS
30.0 m L
100.0 m L
Per dischar a event
Grab
Effluent
Notes-
1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR
application system. Please See A. (17.).
Discharge is only allowed for storm events that exceeds 25-year 24-hour storm events.
A. (4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
(Outfall O 11)
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until expiration, the
Permittee is authorized to discharge non -contact stormwater from Outfall Olt - the South Pond
Emergency Spillway of the capped landfill. Such discharges shall be limited and monitored' by the
Permittee as specified below:
EFFLUENT
CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
a
Sample
Location
Flow, MGD
Per discharge event
Estimate
Effluent
H
> 6.0 and < 9.0 standard units
Per discharge event
Grab
Effluent
Oil and Grease
15.0 inL
20.0 m L
Per discharge event
Grab
Effluent
TSS
30.0 m L
100.0 m L
Per discharge event
Grab
Effluent
Notes:
1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR
application system. Please See A. (17.).
Discharge is only allowed for storm events that exceeds 25-year 24-hour storm events.
Page 6 of 19

Permit NC0001422
A. (5.) ACUTE TOXICITY LIMIT (QUARTERLY): OUTFALL 008
[15A NCAC 02B .0200 et seq.]
The Permittee shall conduct acute toxicity tests on a auarterlu basis using protocols defined
in the North Carolina Procedure Document entitled "Pass/Fail Methodology For Determining
Acute Toxicity In A Single Effluent Concentration" (Revised -December 2010 or subsequent
versions). The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24
hour static test. The effluent concentration at which there may be at no time significant
acute mortality is 90% (defined as treatment two in the procedure document). The tests will
be performed during the months of February, May, August, and November. These months
signify the last month of each three month toxicity testing quarter assigned to the facility.
Effluent sampling for this testing must be obtained during representative effluent discharge
and shall be performed at the NPDES permitted final effluent discharge below all treatment
processes.
The parameter code for Pimephales promelas is TGE6C. All toxicity testing results required
as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the
month in which it was performed, using the appropriate parameter code. Additionally, DWR
Form AT-2 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Or, results can be sent to the email: ATForms.ATBnancdenr.eov
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later
than 30 days after the end of the reporting period for which the report is made.
Test data shall be complete and accurate and include all supporting chemical/physical
measurements performed in association with the toxicity tests, as well as all dose/response
data. Total residual chlorine of the effluent toxicity sample must be measured and reported if
chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during any month, the Permittee will
complete the information located at the top of the aquatic toxicity (AT) test form indicating
the facility name, permit number, pipe number, county, and the month/year of the report
with the notation of "No Flow" in the comment area of the form. The report shall be
submitted to the Water Sciences Section at the address cited above.
Should the Permittee fail to monitor during a month in which toxicity monitoring is required,
then monthly monitoring will begin immediately. Upon submission of a valid test, this
monthly test requirement will revert to quarterly in the months specified above
Should any test data from either these monitoring requirements or tests performed by the
North Carolina Division of Water Resources indicate potential impacts to the receiving
stream, this permit may be re -opened and modified to include alternate monitoring
requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as
minimum control organism survival and appropriate environmental controls, shall constitute
Page 7 of 19

Permit NC0001422
an invalid test and will require immediate follow-up testing to be completed no later than
the last day of the month following the month of the initial monitoring.
A. (6.) STRUCTURAL INTEGRITY INSPECTIONS OF ASH POND DAMS
[15A NCAC 02K.02081
The facility shall meet the dam design and dam safety requirements per 15A NCAC 2K.
A. (7.) BEST MANAGEMENT PRACTICES PLAN
[NCGS 143-215.3 (a) (2) and NCGS 143-215.66]
The Permittee shall continue to implement a Best Management Practices (BMP) Plan to
control the discharge of oils and the hazardous and toxic substances listed in 40 CFR, Part
117 and Tables II and III of Appendix D to 40 CFR, Part 122, and shall maintain the Plan at
the plant site and shall be available for inspection by EPA and DWR personnel.
A. (8.) INTAKE SCREEN BACKWASH
[15A NCAC 02H.01061
Continued intake screen backwash discharge is permitted without limitations or monitoring
requirements.
A. (9.) NO DISCHARGE OF PCBs
[40 CFR 423.13 (a)]
As specified by 40 CFR 423.13 (a), there shall be no discharge of polychlorinated biphenyl
compounds such as those commonly used for transformer fluid.
A. (10.)BIOCIDE CONDITION
[NCGS 143-215.11
The permittee shall not use any biocides except those approved in conjunction with the permit
application. The permittee shall notify the Director in writing not later than ninety (90) days
prior to instituting use of any additional biocide used in cooling systems which may be toxic
to aquatic life other than those previously reported to the Division. Such notification shall
include completion of Biocide Worksheet Form 101 and a map locating the discharge point and
receiving stream. Completion of Biocide Worksheet Form 101 is not necessary for those
outfalls with toxicity testing requirements. Division approval is not necessary for the
introduction of new biocides into outfalls currently tested for whole effluent toxicity.
A. (11.)FISH TISSUE MONITORING
OUTFALL 001
[NCGS 143-215.3 (a) (2)]
The facility shall conduct fish tissue monitoring at two locations (Sutton Lake and Cape Fear
River) annually and submit the results with the NPDES permit renewal application. The
objective of this monitoring is to evaluate potential uptake of pollutants by fish tissue near the
ash pond discharge. The parameters analyzed in fish tissue shall be arsenic, selenium, and
mercury. The monitoring shall be conducted in accordance with the sampling plan approved
Page 8 of 19

Permit NC0001422
by the Division. The plan should be submitted to the Division within 180 days from the effective
date of the permit. Upon approval, the plan becomes an enforceable part of the permit.
Copies of all the study plans, study results, and any other applicable materials should be
submitted to:
1) Electronic Version Only (pdf and CD)
NC Division of Water Resources / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
2) Electronic Version (pdf and CD) and Hard Copy
NC Division of Water Resources / Water Sciences Section
1621 Mail Service Center
Raleigh, NC 27699-1621
A. (12.)CLEAN WATER ACT SECTION 316 (a) THERMAL VARIANCE
[40 CFR 125, Subpart H]
In order to obtain thermal variance/mixing zone for Lake Sutton/Cape Fear the facility shall
develop and conduct comprehensive 316(a) studies. The 316(a) studies shall be performed in
accordance with the Division of Water Resources approved plan. The temperature analysis
and the balanced and indigenous study plan shall conform to the specifications outlined in
40 CFR 125 Subpart H and the EPA's Draft 316(a) Guidance Manual, dated 1977, and the
Region 4 letter to NCDENR, dated June 3, 2010.
The study shall be performed in accordance with the following schedule:
1) Effective date of the permit +60 days - submit the Draft Study Plan to the DEQ and
EPA, the DEQ will perform the Plan review and provide the comments to Duke within
30 days of the Plan receipt.
2) Effective date of the permit +120 days - meet with the DEQ to provide responses to the
DEQ/EPA comments and discuss the Study Plan.
3) Effective date of the permit +150 days - submit the Final Study Plan to the DEQ and
to the EPA.
4) After obtaining an approval of the Study Plan, conduct 2 years of monitoring.
5) 270 days after completing the monitoring, submit the study results and an application
for 316(a) variance to DEQ.
Copies of all the study plans, study results, and any other applicable materials should be
submitted to:
1) Electronic Version Only (pdf and CD)
NC Division of Water Resources / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
2) Electronic Version (pdf and CD) and Hard Copy
NC Division of Water Resources / Water Sciences Section
1621 Mail Service Center
Raleigh, NC 27699-1621
A. (13.)CLEAN WATER ACT SECTION 316(b)
[40 CFR 125.951
The permittee shall comply with the Cooling Water Intake Structure Rule per 40 CFR 125.95.
The permittee shall submit all the materials required by the Rule with the next renewal
application.
Page 9 of 19

Permit NC0001422
Copies of all the study plans, study results, and any other applicable materials should be
submitted to:
1) Electronic Version Only (pdf and CD)
NC Division of Water Resources / NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
2) Electronic Version (pdf and CD) and Hard Copy
NC Division of Water Resources / Water Sciences Section
1621 Mail Service Center
Raleigh, NC 27699-1621
A. (14.)LOWER CAPE FEAR
NCGS 143-215.1 (a) (2)
The permittee may elect to conduct a water quality model of the dilution factor for Outfall 001.
Contingent upon EPA approval of the Lower Cape Fear Modeling and its results, the Reasonable
Potential Analysis will be conducted again and the permit limits will be based on the new flow
numbers established by the model.
A. (15.) CHRONIC TOXICITY LIMIT (QUARTERLY) - OuTFALL 001
[15A NCAC 02B .0200 et seq.]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or
significant mortality to Ceriodaphnia dubia at an effluent concentration of 22.0 %.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures
outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised
December 2010, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent
Toxicity Test Procedure" (Revised- December 2010) or subsequent versions. The tests will be
performed during the months of February, May, August, and November. Effluent sampling
for this testing must be obtained during representative effluent discharge and shall be
performed at the NPDES permitted final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any month results in a failure or
ChV below the permit limit, then multiple -concentration testing shall be performed at
a minimum, in each of the two following months as described in "North Carolina Phase
II Chronic Whole Effluent Toxicity Test Procedure" (Revised -December 2010) or
subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the
Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed,
using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value.
Additionally, DWR Form AT-3 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Or, results can be sent to the email: ATForms.ATB(@ncdenr.gov.
Page 10 of 19

Permit NC0001422
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later
than 30 days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical
measurements and all concentration/response data, and be certified by laboratory
supervisor and ORC or approved designate signature. Total residual chlorine of the effluent
toxicity sample must be measured and reported if chlorine is employed for disinfection of the
waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity
monitoring is required, the permittee will complete the information located at the top of the
aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number,
county, and the month/year of the report with the notation of "No Flow" in the comment area
of the form. The report shall be submitted to the Water Sciences Section at the address cited
above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required,
monitoring will be required during the following month. Assessment of toxicity compliance is
based on the toxicity testing month.
Should any test data from this monitoring requirement or tests performed by the North
Carolina Division of Water Resources indicate potential impacts to the receiving stream, this
permit may be re -opened and modified to include alternate monitoring requirements or
limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as
minimum control organism survival, minimum control organism reproduction, and
appropriate environmental controls, shall constitute an invalid test and will require
immediate follow-up testing to be completed no later than the last day of the month following
the month of the initial monitoring.
A. (16.)1NSTREAM MONITORING
[15A NCAC 02B.0500 ET SEQ.]
The facility shall conduct semi-annual instream monitoring at three locations:
➢ intake structure on the Cape Fear River (approximately 3 miles upstream)
➢ 2.6 miles downstream of Outfall 001
➢ At Bay 8 of Sutton Lake
Sampling will be conducted for the following parameters:
Total Arsenic [µg/L]
Total Selenium [µg/L]
Dissolved Cadmium
µ L
Total Chromium µ L
Chlorides fmg/Ll
Dissolved Lead µ L
Total Mercury (method 1631E)
n L
Dissolved Copper
µ L
Dissolved Zinc [µg/L]
Total Hardness as CaCO3)m L
For the purpose of this requirement, semi-annual means that samples are collected twice per
year with at least 120 calendar days between sampling events. The monitoring results shall
be reported on the facility's Discharge Monitoring Reports and included with the NPDES
permit renewal application.
Instream monitoring is provisionally waived considering the permittee's participation
in the Lower Cape Fear River Basin Association, provided the Association agrees to
Page 11 of 19

Permit NC0001422
sample for all the parameters listed in this condition and at the specified locations.
Instream monitoring shall be conducted as stated in this permit should the permittee
end its participation in the Association.
A. (17.)ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[NCGS 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs)
and program reports. The final NPDES Electronic Reporting Rule was adopted and became
effective on December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part II
of this permit (Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. 15.) (a)l
The permittee shall report discharge monitoring data electronically using the NC DWR's
Electronic Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each
month and submitted electronically using eDMR. The eDMR system allows permitted
facilities to enter monitoring data and submit DMRs electronically using the internet.
Until such time that the state's eDMR application is compliant with EPA's Cross -Media
Electronic Reporting Regulation (CROMERR), permittees will be required to submit all
discharge monitoring data to the state electronically using eDMR and will be required to
complete the eDMR submission by printing, signing, and submitting one signed original
and a copy of the computer printed eDMR to the following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due
to the facility being physically located in an area where less than 10 percent of the
households have broadband access, then a temporary waiver from the NPDES electronic
reporting requirements may be granted and discharge monitoring data may be submitted
on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director.
Duplicate signed copies shall be submitted to the mailing address above. See "How to
Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, the first DMR is due on the last day of the month
following the issuance of the permit or in the case of a new facility, on the last day of the
month following the commencement of discharge.
Starting on December 21, 2020, the permittee must electronically report the following
compliance monitoring data and reports, when applicable:
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Sewer Overflow/Bypass Event Reports;
Pretreatment Program Annual Reports; and
Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to
Request a Waiver from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at
the time of each electronic submission. The permittee should use the EPA's website
resources to identify the initial recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means
the entity (EPA or the state authorized by EPA to implement the NPDES program) that is
the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting
tool for each type of electronic submission and for each state. Instructions on how to
access and use the appropriate electronic reporting tool will be available as well.
Information on EPA's NPDES Electronic Reporting Rule is found at:
https: / /www.federalregister.gov/ documents/2015 / 10 /22 /2015-24954 /national-
pollutant-discharge-elimination-system-npdes-electronic-reporting-rule
Electronic submissions must start by the dates listed in the "Reporting Requirements"
section above.
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To
obtain an electronic reporting waiver, a permittee must first submit an electronic
reporting waiver request to the Division. Requests for temporary electronic reporting
waivers must be submitted in writing to the Division for written approval at least sixty
(60) days prior to the date the facility would be required under this permit to begin
submitting monitoring data and reports. The duration of a temporary waiver shall not
exceed 5 years and shall thereupon expire. At such time, monitoring data and reports
shall be submitted electronically to the Division unless the permittee re -applies for and is
granted a new temporary electronic reporting waiver by the Division. Approved electronic
reporting waivers are not transferrable. Only permittees with an approved reporting
waiver request may submit monitoring data and reports on paper to the Division for the
period that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are
found on the following web page:
http://deg.nc.gov/about/divisions/water-resources/edmr
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4. Signatory Requirements [Supplements Section B. (11.1 (b) and Supersedes Section B.
(11.1 (d)l
All eDMRs submitted to the permit issuing authority shall be signed by a person
described in Part II, Section B. (11.)(a) or by a duly authorized representative of that
person as described in Part II, Section B. (11.)(b). A person, and not a position, must be
delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an
eDMR user account and login credentials to access the eDMR system. For more
information on North Carolina's eDMR system, registering for eDMR and obtaining an
eDMR user account, please visit the following web page:
htti)://deg.nc.gov/about/divisions/water-resources/edm
Certification. Any person submitting an electronic DMR using the state's eDMR system
shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF
CERTIFICATION WILL BE ACCEPTED:
'7 certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations. "
S. Records Retention [Supplements Section D. (6.11
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years
from the date of the report. This period may be extended by request of the Director at any
time [40 CFR 122.41].
A. (18.)APPLICABLE STATE LAW (STATE ENFORCEABLE ONLY)
[NCGS 143-215. 1 (b)]
This facility shall meet the requirements of Senate Bill 729 (Coal Ash Management Act). This
permit may be reopened to include new requirements imposed by Senate Bill 729.
A. (19.)STORMWATER POLLUTION PREVENTION PLAN
[40 CFR 122.26 (a) (ii)]
The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP).
The SPPP shall be maintained on site unless exempted from this requirement by the Division.
The SPPP is public information. The SPPP should also specifically and separately address
deconstruction, demolition, coal, and/or coal ash hauling or disposal activities. The SPPP
shall include, at a minimum, the following items:
1. Site Overview. The Site Overview shall provide a description of the physical facility and
the potential pollutant sources that may be expected to contribute to contamination of
stormwater discharges. The Site Overview shall contain the following:
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(a) A general location map (USGS quadrangle map or appropriately drafted equivalent
map), showing the facility's location in relation to transportation routes and surface
waters; the name of the receiving waters to which the stormwater outfalls discharge,
or if the discharge is to a municipal separate storm sewer system, the name of the
municipality and the ultimate receiving waters; and accurate latitude and longitude of
the points of stormwater discharge associated with industrial activity. The general
location map (or alternatively the site map) shall identify whether any receiving waters
are impaired (on the state's 303(d) list of impaired waters) or if the site is located in a
watershed for which a TMDL has been established, and what the parameters of
concern are.
(b) A narrative description of storage practices, loading and unloading activities, outdoor
process areas, dust or particulate generating or control processes, and waste disposal
practices. A narrative description of the potential pollutants that could be expected
to be present in the stormwater discharge from each outfall. The narrative should also
reference deconstruction, demolition, coal, and/or coal ash hauling or disposal
activities where applicable.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary;
the stormwater discharge outfalls; all on -site and adjacent surface waters and
wetlands; industrial activity areas (including storage of materials, disposal areas,
process areas, loading and unloading areas, and haul roads); site topography and
finished grade; all drainage features and structures; drainage area boundaries and
total contributing area for each outfall; direction of flow in each drainage area;
industrial activities occurring in each drainage area; buildings; stormwater Best
Management Practices (BMPs); and impervious surfaces. The site map must indicate
the percentage of each drainage area that is impervious, and the site map must
include a graphic scale indication and north arrow.
(d) A list of significant spills or leaks of pollutants during the previous three (3) years
and any corrective actions taken to mitigate spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges. The permittee shall submit the first certification no later
than 90 days after the effective date of this permit to the Stormwater Permitting
Program Central Office and shall re -certify annually that the stormwater outfalls
have been evaluated for the presence of non-stormwater discharges. For any
non-stormwater discharge identified, the permittee shall indicate how that discharge is
permitted or otherwise authorized. The certification statement will be signed in
accordance with the requirements found in Part II, Standard Conditions, Section B,
Paragraph 11.
2. Stormwater Management Strategy. The Stormwater Management Strategy shall
contain a narrative description of the materials management practices employed which
control or minimize the stormwater exposure of significant materials, including structural
and nonstructural measures. This strategy should also address deconstruction,
demolition, coal, and/or coal ash hauling or disposal activities where applicable. The
Stormwater Management Strategy, at a minimum, shall incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing the
methods of operations and/or storage practices to eliminate or reduce exposure of
materials and processes to rainfall and run-on flows. Wherever practical, the
permittee shall prevent exposure of all storage areas, material handling operations,
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and manufacturing or fueling operations. In areas where elimination of exposure is
not practical, this review shall document the feasibility of diverting the stormwater
run-on away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is
required for: bulk storage of liquid materials; storage in any amount of Section 313 of
Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority
chemicals; and storage in any amount of hazardous substances, in order to prevent
leaks and spills from contaminating stormwater runoff. A table or summary of all
such tanks and stored materials and their associated secondary containment areas
shall be maintained. If the secondary containment devices are connected to
stormwater conveyance systems, the connection shall be controlled by manually
activated valves or other similar devices (which shall be secured closed with a locking
mechanism). Any stormwater that accumulates in the containment area shall be
observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to
release of the accumulated stormwater. Accumulated stormwater shall be released if
found to be uncontaminated by any material. Records documenting the individual
making the observation, the description of the accumulated stormwater, and the date
and time of the release shall be kept for a period of five (5) years. For facilities subject
to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any
portion of the SPCC Plan fully compliant with the requirements of this permit may be
used to demonstrate compliance with this permit.
In addition to secondary containment for tankage, the permittee shall provide drip
pans or other similar protection measures for truck or rail car liquid loading and
unloading stations.
(c) BMP Summary. A listing of site structural and non-structural Best Management
Practices (BMPs) shall be provided. The installation and implementation of BMPs shall
be based on the assessment of the potential for sources to contribute significant
quantities of pollutants to stormwater discharges and on data collected through
monitoring of stormwater discharges. The BMP Summary shall include a written
record of the specific rationale for installation and implementation of the selected site
BMPs. The BMP Summary should also address deconstruction, demolition, coal,
and/or coal ash hauling or disposal activities where applicable. The permittee shall
refer to the BMPs described in EPA's Multi -Sector Permit (MSGP) and Industrial
Stormwater Fact Sheet for Steam Electric Power Generating Facilities (EPA-833-F-06-
030) for guidance on BMPs that may be appropriate for this site. The BMP Summary
shall be reviewed and updated annually.
3. Spill Prevention and Response Procedures. The Spill Prevention and Response
Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based
on a materials inventory of the facility. Facility personnel responsible for implementing
the SPRP shall be identified in a written list incorporated into the SPRP and signed and
dated by each individual acknowledging their responsibilities for the plan. A responsible
person shall be on -site at all times during facility operations that have increased potential
to contaminate stormwater runoff through spills or exposure of materials associated with
the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill
Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP,
but may not be sufficient to completely address the stormwater aspects of the SPRP. The
common elements of the SPCC with the SPRP may be incorporated by reference into the
SPRP.
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4. Preventative Maintenance and Good Housekeeping Program. A preventative
maintenance and good housekeeping program shall be developed and implemented. The
program shall address all stormwater control systems (if applicable), storrwater
discharge outfalls, all on -site and adjacent surface waters and wetlands, industrial
activity areas (including material storage areas, material handling areas, disposal areas,
process areas, loading and unloading areas, and haul roads), all drainage features and
structures, and existing structural BMPs.
The program shall establish schedules of inspections, maintenance, and housekeeping
activities of stormwater control systems, as well as facility equipment, facility areas, and
facility systems that present a potential for stormwater exposure or stormwater pollution
where not already addressed under another element of the SPPP. Inspection of material
handling areas and regular cleaning schedules of these areas shall be incorporated into
the program. Compliance with the established schedules for inspections, maintenance,
and housekeeping shall be recorded and maintained in the SPPP. The program should
also address deconstruction, demolition, coal, and/or coal ash hauling or disposal
activities where applicable. The Good Housekeeping Program shall also include, but not
be limited to, BMPs to accomplish the following:
(a) Minimize contamination of stormwater runoff from oil-bearing equipment in
switchyard areas;
(b) Minimize contamination of stormwater runoff from delivery vehicles and rail
cars arriving and departing the plant site;
(c) Inspect all residue -hauling vehicles for proper covering over the load, adequate
gate -sealing, and overall integrity of the container body. Repair vehicles as
necessary; and
(d) Reduce or control the tracking of ash and residue from ash loading and storage
areas;
5. Facility Inspections. Inspections of the facility (including tanks, pipes, and equipment)
and all stormwater systems shall occur as part of the Preventative Maintenance and Good
Housekeeping Program at a minimum on a semi-annual schedule, once during the first
half of the year (January to June), and once during the second half (July to December),
with at least 60 days separating inspection dates (unless performed more frequently than
semi-annually).
6. Employee Training. Training programs shall be developed and training provided at a
minimum on an annual basis for facility personnel with responsibilities for: spill
response and cleanup, preventative maintenance activities, and for any of the facility's
operations that have the potential to contaminate stormwater runoff. The facility
personnel responsible for implementing the training shall be identified, and their annual
training shall be documented by the signature of each employee trained.
7. Responsible Party. The SPPP shall identify a specific position or positions responsible
for the overall coordination, development, implementation, and revision of the SPPP.
Responsibilities for all components of the SPPP shall be documented and position
assignments provided.
8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever
there is a change in design, construction, operation, site drainage, maintenance, or
configuration of the physical features which may have a significant effect on the potential
for the discharge of pollutants to surface waters. All aspects of the SPPP shall be
reviewed and updated on an annual basis. The annual update shall include:
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(a) an updated list of significant spills or leaks of pollutants for the previous three
(3) years, or the notation that no spills have occurred (element of the Site
Overview);
(b) a written re -certification that the stormwater outfalls have been evaluated for the
presence of non-stormwater discharges (element of the Site Overview);
(c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs
(BMP Summary element of the Stormwater Management Strategy).
(d) a review and comparison of stormwater sample analytical data to any applicable
limits or benchmark values (if applicable) over the past year.
If the Director notifies the permittee that the SPPP does not meet one or more of the
minimum requirements of the permit, the permittee shall have 30 days to respond.
Within 30 days of such notice, the permittee shall submit a time schedule to the Director
for modifying the SPPP to meet minimum requirements. The permittee shall provide
certification in writing to the Director that the changes have been made.
SPPP Implementation. The permittee shall implement the Stormwater Pollution
Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in
order to control contaminants entering surface waters via stormwater. Implementation of
the SPPP shall include documentation of all monitoring, measurements, inspections,
maintenance activities, and training provided to employees, including the log of the
sampling data and of actions taken to implement BMPs associated with the industrial
activities, including vehicle maintenance activities. Such documentation shall be kept on -
site for a period of five (5) years and made available to the Director or the Director's
authorized representative immediately upon request.
A. (20.) ADDITIONAL CONDITIONS AND
[NCGS 143-215.1(b)]
1. EPA methods 200.7 or 200.8 (or the most current versions) shall be used for analyses
of all metals except for total mercury [40 CFR 136; NCGS 143-215.631.
2. All effluent samples for all external outfalls shall be taken at the most accessible
location after the final treatment but prior to discharge to waters of the U.S. (40 CFR
122.410)).
3. The term low volume waste sources refers to wastewater from all sources except those
for which specific limitations are otherwise established in this part (40 CFR 423.11
(b))
4. The term chemical metal cleaning waste refers to any wastewater resulting from
cleaning any metal process equipment with chemical compounds, including, but not
limited to, boiler tube cleaning (40 CFR 423.11 (c)).
5. The term metal cleaning waste refers to any wastewater resulting from cleaning [with
or without chemical cleaning compounds] any metal process equipment including, but
not limited to, boiler tube cleaning, boiler fireside cleaning, and air preheater cleaning
(40 CFR 423.11 (d)).
6. For all outfalls where the flow measurement is to be "estimated" the estimate can be
done by using calibrated V-notch weir, stop -watch and graduated cylinder, or other
method approved by the Division [40 CFR 122.43].
7. During normal operations removing of the free water above the settled wet ash layer
shall not involve mechanical disturbance of the ash [40 CFR 122.43].
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A. (21.) COPPER (Cu), ARSENIC (As), and SELENIUM (Se) COMPLIANCE SCHEDULE
(Outfall 008)
[NCGS 143-215.1 (b)]
1. Nine months from the permit effective date, submit to DEQ an evaluation study plan
describing steps to be undertaken to identify the source of Cu, As, and Se at Outfall
008 discharge in order to comply with the limits set forth in section A. (2.) of the
permit. The study should consider potential wastewater sources, practices such as
vegetation management, and background sources.
2. Eighteen months from the permit effective date, submit a progress report describing
the findings of the study. If a source of Cu, As, and Se has been identified, the interim
report shall include proposed measures that will be evaluated to treat or eliminate the
source of pollutants. If a source of Cu, As, and Se has not been identified, the interim
report shall provide additional steps planned or necessary to comply with the limits
set forth in section A. (10.) of the permit.
3. Twenty-seven months from the permit effective date submit a progress report. If a
source of Cu, As, and Se was identified in the 18-month report, this report should
discuss the success of the efforts to treat or eliminate sources of Cu, As, and Se. If a
source of Cu, As, and Se has not been identified, the interim report shall provide
additional steps planned or necessary to comply with the limits set forth in section A.
(10) of the permit.
4. Thirty-six months from the permit effective date [October 1, 2020] the discharge shall
be in compliance with the As and Se limitations.
5. The limits for Cu shall become effective on October 1, 2022. The facility shall
provide a quarterly progress reports to the Division.
A. (22.) COMPLIANCE BOUNDARY
[15A NCAC 02L.0107]
The compliance boundary for the disposal system shall be specified in accordance with
15A NCAC 02L.0107(a) or (b) dependent upon the date permitted. An exceedance of
groundwater standards at or beyond the compliance boundary is subject to remediation
action according to 15A NCAC 02L.0106 (c), (d), or (e) as well as enforcement actions in
accordance with North Carolina General Statute 143-215.6A through 143-215.6C.
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