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HomeMy WebLinkAboutNC0005088_Termination of Special Order by Consent_20211008 STATE:'L. ROY COOPER 4 ,_...., Governor 1 ELIZABETH S. BISER ,F d� Secretary �a +� 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 S17-009 Duke Energy Carolinas, LLC Allen Steam Station, Marshall Steam Station&Rogers Energy Complex NPDES Permits NC0004979,NC0004987 &NC0005088 Gaston, Catawba and Rutherford Counties Dear Ms. Bednarcik: On April 12, 2018, Duke Energy Carolinas, LLC and the North Carolina Environmental Management Commission entered into Special Order by Consent(SOC) S 17-009 to address issues related to the elimination of seeps from coal ash basins at Duke Energy's Allen and Marshall Steam Stations and the Rogers Energy Complex. 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 completed decanting at each of the subject facilities and,per the terms of the SOC, submitted reports summarizing and characterizing the status of the seeps at the sites, and followed up with submittals of Seep Management Amendments to the proposed Groundwater Corrective Action Plan(CAP)Updates that had been previously submitted for each site. On July 8,2021,the Department of Environmental Quality issued its conditional approval of the CAP Updates, including their seep management provisions. This event activated the provision regarding SOC termination within SOC S 17-009 for each of the subject facilities, and this letter affirms that the SOC has been terminated for each of the subject facilities. 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 Plans required in DEQ's conditional approvals of the CAP Updates. D E Q#i NorthNorth CarolinaSalisb DepartmenturyStreet o1617f EnvironmentalMailServiceCenter Raleigh.Quality I Division of WaterNorthCarolina Resou27rces 512 699 1617 r a+� /." 919.707.9000 Ms. Jessica Bednarcik S 17-009 Termination p.2 If you have any questions regarding this letter, please contact Bob Sledge at(919) 707-3602, or via email at bob.sledge(aincdenr.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 Michael Gantt—Duke Energy Elizabeth Glenn—Duke Energy Scott La Sala—Duke Energy Steve Hodges—Duke Energy Bob Sledge Landon Davidson—ARO Corey Basinger- MRO Dr. A. Stanley Meiburg- EMC