Attach. 21, 2014-06-13 Buck Notice of Deficiency for Basin 1 to Basin 2 Dam

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
NOTICE OF DEFICIENCY
June 13, 2014
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Duke Energy Corporation
Attention: Mr. Sean DeNeale, Engineer II
Environmental Services
Post Office Box 1006
Mail Code EC 13K
Charlotte, North Carolina 28201-1006
Duke Energy Corporation
Attention: Mr. John Elnitsky, Vice President
Project Management and Construction
Post Office Box 1007
Mail Code ST -28U
Charlotte, North Carolina 28201-1007
RE: Buck Steam Station Basin 1 to Basin 2 Dam
ROWAN -069 — High Hazard Potential
Yadkin — Pee Dee River Basin
Rowan County
Dear Mr. DeNeale and Mr. Elnitsky:
7011 1570 0000 0154 7432
7011 1570 0000 0154 7449
John E. Skvarla, III
Secretary
The "Dam Safety Law of I967," as amended, provides for the certification and inspection of dams in the
interest of public health, safety, and welfare, in order to reduce the risk of failure of such dams; to prevent
injuries to persons, damage to property; and to insure the maintenance of stream flows.
Our records indicate that you are the owner/and or responsible for the referenced dam, which is located off
Dukeville Road in Rowan County. On May 6, 2014, this Office received a digital copy of an internal
inspection of the spillway system for the referenced darn. This submittal was in response to an information
request issued by this Division on March 5, 2014, in which this Division requested that Duke Energy camera
inspect all facilities that have decant structures with corrugated metal,pipe (CMP) and concrete components.
The decant structure for this dam is comprised of a concrete riser with a concrete barrel.
A preliminary review of the camera inspection video of the decant structure and report has been performed
by personnel of the Land Quality Section for the referenced dam. The video documented a broken pipe
section at the 60.1 feet location, and additional cracks and infiltration stains.
Division of Energy, Mineral, and Land Resources
Land Quality Section - Mooresville Regional Office
610 East Center Avenue, Suite 301, Mooresville, North Carolina 28115
Telephone: [phone] FAX: [phone] • Internet: http://portal.ncdenr,orglweb/Ir/land-quality
An Equal Opportunity I Affirmative Action Employer-- 50% Recycled 110% Post Consumer Paper

Duke Energy Corporation Buck Steam Station Basin I to Basin 2 Dam
June 13, 2014 ROWAN -069
Page 2 of 2
The condition of the decant structure appears serious enough to justify further engineering study in order to
determine appropriate remedial measures. Your dam is categorized as a "High Hazard" dam. In the event of
darn failure, significant environmental damage to the Yadkin River could occur due to release of coal ash
stored behind the dam.
In order to ensure the safety of this dam, you are directed to retain the services of a registered professional
engineer competent in the area of dam safety to review the internal video and provide a professional
assessment of the decant structure with regard to overall structural integrity and recommendations for repair.
Plans and specifications for repair based on the results of the study must be filed with the Division of Energy,
Mineral and Land Resources for approval pursuant to the North Carolina Administrative Code, Title 15A,
Subchapter 2D — Dam Safety (15A NCAC 2K). Please note any excavations in the dam or major repair work
to this dam must be approved by this Division before any work is done. Additionally, please note that this
dam may not be breached, meaning the dam may not be drained by cutting a notch in the dam, without prior
engineered breach plans being submitted to and approved by this Division.
Please submit a written response as quickly as possible, but no later than ten 10 days following
receipt of this Notice to advise us of your intended actions in this matter. This response must include a
schedule for repair plan development and implementation. If positive action is not taken within thirty
(30) days or before July 17, 2014, whichever term is longer, we shall present the case information for
appropriate enforcement action in accordance with North Carolina General Statute 143-215.36.
Enforcement action could include a civil penalty of up to $500.00 per day of violation, and/or issuance
of a Dam Safety Order requiring the repair or removal of this dam, and/or injunctive relief to gain
compliance.
Please notify this Office in writing if you wish to assert that you have no ownership or are otherwise not
responsible for maintenance or repairs to the subject dam. If you have an emergency situation during non -
office hours, you should notify 911 and the State Emergency Operations center at 1-[phone]. They
will notify the appropriate personnel in this office of the situation.
It is recommended that you or your engineer direct questions related to repair applications or the dam plan
review process to our dam safety staff at [phone]. All plans, specifications design data, and
calculations must be submitted to the State Dam Safety Engineer. If you have any questions regarding this
letter, please contact me at [phone]. Your cooperation and consideration in maintaining a safe dam is
appreciated.
Sincerely,
Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
cc: Steven M. McEvoy, PE, State Dam Safety Engineer
cc: Water Quality Regional Operations Section