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Home My WebLink AboutNC0001422_NOV 2014_20140826Pat McCrory Governor ALMA NCDENR North Carolina Department of Environment and Natural Resources August 26, 2014 CERTIFIED MAIL 7010 0780 0001 7057 4580 RETURN RECEIPT REOUESTED Allen A. Clare Duke Energy Progress, Inc. L.V. Sutton Energy Complex 801 Sutton Steam Plant Rd. Wilmington, NC 28401 John E. Skvarla, III Secretary RECEIVEDIDENRIDWR SEP 2.6 2014 Water QuaNtY Pemr"N SecWn Subject: NOTICE OF VIOLATION AND NOTICE OF INTENT TO ENFORCE NOV- 2014 -LV -0402 15A NCAC 02L Classifications and Water Quality Standards Applicable to the Groundwaters of North Carolina L.V. Sutton Electric Plant Permit No. NC0001422 New Hanover County Dear. Mr. Clare: Chapter 143 of the North Carolina General Statutes authorizes and directs the Environmental Management Commission of the Department of Environment and Natural Resources to protect and preserve the water and air resources of the State. The Division of Water Resources (DWR) has the delegated authority to enforce adopted pollution control rules. This Notice of Violations (Notice) is a standard notification intended to advise you of the legal requirements under North Carolina law, and is being issued for violations of Title 15A of the North Carolina Administrative Code (NCAC) Subchapter 02L.0202 Groundwater Quality Standards. This Notice is for constituents reported to the DWR that exceed the standards for CLASS GA waters, established in 15A NCAC 2L .0202 in monitoring wells located at or beyond the compliance boundary. By exceeding the standards for the reported constituents, Duke Energy Progress is considered to be in violation of 15A NCAC 02L .0202 at the subject facility. Please note that pursuant to 15A NCAC 2L .0103(d), no person shall conduct or cause to be conducted, any activity which causes the concentration of any substance to exceed the values specified in 15A NCAC 2L.0202. As a result of the violations, our office is considering a recommendation for the assessment of a civil penalty. If you wish to present an explanation for the violations, or if you believe there are 1636 Mail Service Center, Raleigh, North Carolina 27699 -1636 Phone: 919-807 -64641 Internet: www.ncdenr.aov An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper other factors which should be considered, please send such information in writing within fifteen N 51 days following receipt of this letter. Your explanation will be reviewed, and, if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for their consideration. Fines may be imposed under NCGS 143- 215.6A(a)(1) of not more than $25,000 per violation of any classification, standard, limitation or management practice established pursuant to G.S. 143- 214.1. We appreciate your attention and prompt response in this matter. If you have any questions, please feel free to contact S. Jay Zimmerman, Water Quality Regional Operations Section Chief, at (919) 807 -6351. Sincere Attachment Reeder, Director cc: WIRO — WQROS New Hanover County Health Department WQPS - NPDES File Copy - WQROS Page 2 of 2