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HomeMy WebLinkAboutNC0001422_Correspondence_20230214ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality February 17, 2023 Ms. Jessica Bednarcik, Senior Vice President Environmental, Health and Safety Duke Energy Carolinas, LLC Mail Code EC13K P.O. Box 1006 Charlotte, North Carolina 28201-1006 Dear Ms. Bednarcik: Subject: Final NPDES Permit Permit NC0001422 L.V. Sutton Energy Complex New Hanover County Facility Class I The Division of Water Resources is forwarding herewith the Final Permit for L.V. Sutton Energy Complex. This permit 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 dated October 15, 2007 (or as subsequently amended). The Final Permit contains the following significant changes from your Draft Permit: • The Total Arsenic limits have been removed from the permit to correct an error (Outfall 008). The Final Permit maintains the following significant changes contained in the Draft Permit: • Limits for Total Arsenic, Total Selenium, and Total Nickel have been removed from the permit based on the results of the Reasonable Potential Analysis (Outfall 001). • The monitoring frequency for the Total Mercury, Total Arsenic, Total Lead, Total Selenium, Total Cadmium, Total Aluminum, Total Copper, Total Nickel, Total Zinc, Turbidity, and Hardness was reduced from Weekly to Monthly based on the results of the Reasonable Potential Analysis (Outfall 001). • Monitoring for Total Iron has been removed from the permit since the water quality standard for Iron has been eliminated in 2015. • Limits for Total Arsenic and Total Nickel have been removed from the permit based on the results of the Reasonable Potential Analysis (Outfall 008). • The Section A. (19.) entitled Ash Settling Basin was removed from the permit since wastewater is no longer discharged to the Ash Basin. 1:tE NORTH CAROLINA Department of Environmental Duali� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 • The Special Condition A. (13.) entitled Clean Water Act Section 316(b) was updated based on the approval of the 316(b) report. • Fish tissue monitoring frequency has been reduced to twice per permit cycle (5 years) from annually based on the review of the fish tissue data. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Resources or any other Federal, State, or Local governmental regulations. If you have any questions or need additional information, please contact Sergei Chernikov, telephone number (919) 707-3606 or email: sergei.chernikov@ncdenr.gov. cc: Central Files NPDES Files Wilmington Regional Office/Water Quality WSS/Aquatic Toxicology Unit (e-copy) EPA Region IV (e-copy) cD_EQ -4 NORTH CAROLINA Department of Environmental Deellry Sincerely, Richard E. Rogers, Jr., Director Division of Water Resources North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000