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HomeMy WebLinkAboutNC0003425_Termination of Special Order by Consent_20211008 oSTATEatb ROY COOPER it, n Governor e ELIZABETH S.BISER ` * 4. Secretary 411ouwvd► S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality October 8, 2021 Ms. Jessica Bednarcik, Senior Vice President EHS Duke Energy 526 S. Church Street Mail Code EC3XP Charlotte,NC 28202 Subject: Termination of Special Order by Consent EMC SOC WQ S 18-005 Duke Energy Progress, LLC -Roxboro Plant NPDES Permit NC0003425 Person County Dear Ms. Bednarcik: On August 15, 2018, Duke Energy Progress, LLC and the North Carolina Environmental Management Commission entered into Special Order by Consent(SOC) S 18-005 to address issues related to the elimination of seeps from coal ash basins at Duke Energy's Roxboro and Mayo Plants. Paragraph 2(b)(4)of the SOC states that the SOC shall terminate on a facility-by- facility basis on the later of the following dates: 180 days following completion of decanting, or 30 days following the approval of an amended groundwater Corrective Action Plan and/or Closure Plan as appropriate. Duke Energy reported completion of decanting at the Roxboro Plant's West Ash Basin occurred on February 11, 2020. Per the terms of the SOC, Duke Energy submitted reports summarizing and characterizing the status of the seeps at the site, and followed up with the September 2, 2020 submittal of a Seep Management Amendment to the proposed Groundwater Corrective Action Plan(CAP)Update that had been previously submitted on December 31, 2019. On April 27, 2021,the Department of Environmental Quality issued its conditional approval of the CAP Update,including its seep management provisions. This event activated the provision regarding SOC termination in SOC S18-005 for the Roxboro Plant, and this letter affirms that the SOC has been terminated for the Roxboro Plant. As an interim measure, Duke Energy shall continue the monitoring and reporting of seeps established in the SOC until approval of the Surface Water Assessment Plan required in DEQ's conditional approval of the CAP Update. Please be aware that while Duke Energy's obligations relating to the Roxboro Plant in the SOC have ended, the SOC terms and conditions regarding the Mayo Plant remain active. NortNorthh CarolinaSalisb DepartmenturyStreet1 of1617 Environmental MailServiceCenter Raleigh.Quality Division of WaterNorthCarolina Resou27rces 512 699-1617 awa� /'' 919.707.9000 Ms. Jessica Bednarcik S 18-005 Termination (Roxboro Only) p.2 If you have any questions regarding this letter, please contact Bob Sledge at(919) 707-3602, or via email at bob.sledge@ncdenr.gov. Sincerely, Jeffrey O. Poupart, Chief Water Quality Permitting Section Division of Water Resources ec: Richard Baker—Duke Energy Shannon Langley—Duke Energy Chris Hallman—Duke Energy Robert Howard—Duke Energy Lori Tollie—Duke Energy Bob Sledge Scott Vinson- RRO Dr. A. Stanley Meiburg- EMC