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HomeMy WebLinkAboutNC0005363_Request for Confirmation of Permit Effective Date_20161102fa DUKE ENERGY November 16, 2016 'Mr. Jeff Poupart NC DEQ —DWR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Subject: Request for Confirmation of Permit Effective Date and Correction of Typographical Errors in NPDES Permit Riverbend Station NPDES Permit NC0004961 Gaston County Dear Mr. Poupart: Richard E. Baker Jr. Director Environmental Programs EHS CCP 526 S. Church Street Mail Code: EC13K Charlotte, NC 28202 (704) 382-7959 NOV 21 2016 Water Quality Permitting Section On February 12, 2016, the Division of Water Resources (the Division) issued a renewed NPDES permit for Duke Energy's Riverbend Station. Duke Energy filed a contested case over the terms of that permit in the North Carolina Office of Administrative Hearings, staying the effective date of the permit terms. The contested case has been resolved through issuance of a Special Order by Consent. Duke Energy is preparing the necessary paperwork to withdraw the contested case in accordance with the terms of the Special Order by Consent. It is our current understanding that the proposed effective date of the Riverbend permit will be December 1, 2016 based on Duke Energy's withdrawal of our contested case as required by the terms of the Special Order by Consent. Duke Energy requests confirmation of this effective date for our files. Additionally, the permit that was issued in February 2016 contains a number of typographical errors that could not be addressed in the Special Order by Consent process. These items were present in previous versions of the draft permit and were noted by Duke Energy in its December 15, 2014 written comments on the draft permit. Duke Energy requests the following items be corrected. 1. On Page 4 of 27 (Note 3), there is an inconsistent sampling frequency requirement for the Chronic Toxicity test. Duke requests this be made consistent and be adjusted to monthly by removal of the specific months in the footnote. This is consistent with all other recently issued NPDES permits. On Page 6 of 27 (Note 4), there is an inconsistent sampling frequency requirement for the Chronic Toxicity test. Duke requests this error be corrected and the sampling frequency be. made consistent and adjusted to a monthly requirement. This is consistent with all other recently issued permits. On Page 8 of 27, Condition A.(5) still refers to quarterly requirement for Toxicity testing. Duke requests that this error be corrected to align with the changes made above. Duke Energy requests your prompt correction of the above items. This will allow Duke Energy to effectively implement the conditions of the permit and assure the permit requirements are clear to anyone reading the permit. Safe storage of coal ash across all of our coal fired generation fleet is a