NC0001422_Regulatory Requirements 2015_20150609

ATYA
NCD NR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
June 9, 2015
CERTIFIED MAIL 7002 0860 0006 5836 0342
RETURN RECEIPT REQUESTED
Mr. Harry Sideris
Senior Vice-President
Environment, Health and Safety
Duke Energy
526 South Church Street
Mail Code EC3XP
Charlotte, NC 28202
Subject: Notice of Regulatory Requirements
Title 15A North Carolina Administrative Code (NCAC) 02L.0106
L.V. Sutton Electric Plant
New Hanover County
Dear Mr. Sideris:
Chapter 143, 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.
On August 26, 2014, Duke Energy was issued a Notice of Violation and Notice of Intent to
Enforce for violations of Title 15A NCAC Subchapter 02L.0202 Groundwater Quality Standards
in monitoring wells located at or beyond the compliance boundary at the L.V. Sutton Electric
Plant in New Hanover County.
The violations of Groundwater Quality Standards for boron occurred in monitor wells MW-12,
MW-19, MW-21C, MW-22C, MW-23B, MW-23C, MW-24B, MW-24C, and MW-31C located
at or beyond the compliance boundary. Concentrations of boron were determined to be below
detection levels in background wells.
Recent sampling of water supply wells in the vicinity of the L.V. Sutton Electric Plant indicate
elevated levels of boron approaching the 2L Standard of 700 ug/l. Specifically, the well located
at 230 Sutton Lake Road had a boron concentration of 690 ug/1 and the well located at 235
Sutton Lake Road had a boron concentration of 600 ug/l. Although the complete site
assessment is still ongoing, indications are that these water supply wells are down-gradient of the
L.V. Sutton Electric Plant Ash Ponds.
1611 Mail Service Center,Raleigh,North Carolina 27699-1611
Phone:[phone]\Internet:www.ncdenr.gov
An Equal Opportunity\Atlirmative Action Employer-Made in part by recycled paper

Notice of Regulatory Requirements
L.V. Sutton Electric Plant
June 9, 2015
Title 15A NCAC 02L.0106(f) (2) states that corrective action required following discovery of the
unauthorized release of contaminant to the surface or subsurface of the land, and prior to or
concurrent with the assessment activities required in Paragraphs (c) and (d) of this rule, shall
include, but is not limited to "Abatement, containment, or control of the migration of
contaminants".
In order to ensure protection of existing water supply wells, we hereby direct Duke Energy to
take immediate action to control and prevent further migration of coal ash contaminants no later
than July 9, 2015, pursuant to 15A NCAC 02L .0106(f). The DWR requests that Duke Energy
provide the DWR with specific details concerning actions that Duke Energy plans to take to
comply with this rule. These details may include, but not be limited to:
(1) A description of the actions to be taken immediately by Duke Energy to abate,
contain or control the migration of contaminants towards nearby water supply
wells
(2) Specific plans, including engineering details and permits where applicable,
regarding these proposed actions
(3) A monitoring plan for evaluating the effectiveness of these actions
Failure to comply with the State's rules in the manner and time specified may result in the
assessment of civil penalties and/or the use of other enforcement mechanisms available to the
State.
We appreciate your attention and prompt response in this matter. If you have questions, please
feel free to contact me at [phone].
Sincerely,
'
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S. Ja' i'T erman, P.G.
Director, Division of Water Resources
cc: Jim Gregson, WQROS WiRO Supervisor
WQROS File Copy
WQ Permitting, Permit File NC0001422
New Hanover County Health Department
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