Attach. 22, 2014-06-13 Buck Notice of Deficiency for Main Dam

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onmCDENR
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 Main Dam
ROWAN -047 — High Hazard Potential
Yadkin — Pee Dee River Basin
Rowan County
Dear Mr. DeNeale and Mr. Elnitsky:
7011 1570 0000 0154 7418
7011 1570 0000 0154 7425
John E. Skvarla, III
Secretary
The "Dam Safety Law of 1967," 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 dam. This submittal was in
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] I FAX: [phone] • Internet: http://portal.ncdenr,org/web/Inland-quality
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Duke Energy Corporation
June 13, 2014
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Buck Steam Station Main Dam
ROWAN -047
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 CMP pipe barrel. The video was originally submitted to this Division on
December 10, 2013 with an engineered evaluation. The evaluation stated in part, "The 2013
condition of the pipe is similar to the previous condition in 2012. Thus, there is no change in the
conclusion that the pipe currently does not show signs of being in a critical condition for the
immediate future, but evidence that it is approaching the end of its safe performance life includes:
1) The age of the pipe; 2) the failing asphalt coating; 3) The rusted walls, and 4) The leaks (at two
locations) through walls between joints."
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. Comparison was made
between the submitted video and an internal inspection video of the discharge barrel submitted by
Duke Energy Corporation on January 27, 2011. The current video documented numerous
infiltration drippers and weeping locations. At approximate location 285.9, dripping has increased
to two locations, with increased flow in this area.
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 dam 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 Iater 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 5500.00 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

Duke Energy Corporation
June 13, 2014
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Buck Steam Station Main Dam
ROWAN -047
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,
34JI-I P -S,
4"
Zahid S. Khan, CPM, CPESC, CPSWQ
Regional Engineer
Land Quality Section
ec: Steven M. McEvoy, PE, State Dam Safety Engineer
cc: Water Quality Regional Operations Section