Ltr to Draovitch re ref ltr 1-20-17 approval of Duke's Water Supply plans_20170215

r.:
Water Resources
Environmental Quality
February 15, 2017
Paul Draovitch
Senior Vice President
Environmental, Health & Safety
Duke Energy
526 South Church Street
Mail Code EC3XP
Charlotte, North Carolina 28202
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
Subject: Reference: Letter dated January 20, 2017, NC DEQ's Approval of Duke's Water
Supply Plans
Dear Mr. Draovitch:
We appreciate you providing more detailed plans for the February and March community outreach
to be conducted by Duke Energy as required by 130A 309.211(c 1). As part of your Subject letter,
you also presented some questions for clarity. The following are excerpts from the Subject letter
and our response to each:
Duke understands that additional discussions must occur between the NC DEQ and the NC
Department of Health and Human Services on the performance standards for the water
treatment systems (filtrations systems). Duke has contracted with a number of vendors to
provide the systems, and would like to start installation as soon as neighbor choices are
received and final approval of the plans is received by NC DEQ (if the plans are different than
what was approved on January 13, 2017). Therefore, it is important for us to get a timely
decision related to performance standards. We would like to be able to communicate the
performance standards to the neighbors during our February community information sessions,
described in more detail below. If helpful, Duke and the vendors providing the treatment
systems can meet with NC DEQ and NC DHHS to discuss the systems and their capabilities,
as well as the requested performance monitoring plan.
DEQ Response: We appreciate your willingness to meet with us on the filtration systems
and their capabilities. DEQ will be reaching out to NC Department of Health and Human
Services with the intent of reaching consensus on applicable performance standards for the
alternative drinking water sources. At this time, it is premature for DEQ to meet with you
and your vendors but DEQ looks forward to meeting in the future to discuss these issues
House Bill [6301 Section 9 states: "Requirements for establishment of a permanent alternate water
supply under GS 130A -309.211(c]), as enacted by Section 1 of this act, shall apply only to
households with drinking water supply wells in existence on the date this act becomes effective. "
-`
'-'Nothing Compares:
State of North Carolina I Environmental Quality I Division of Water Resources
Water Quality Regional Operations Section
1636 Mail Service Center I Raleigh, North Carolina 27699-1636
919-707-9129

Duke interprets this language to mean property that is currently vacant is not covered by section
130A309.21I (cl ); thus, if the owner decides to build a new home, Duke is not required to connect
the home to a potable water source. We would like NC DEQ's confirmation of this interpretation.
DEQ Response: The DEQ is generally in agreement with Duke's interpretation.
G.S.130A-309.211(c1) only applies to existing water supply wells as of the effective date
of HB630. Therefore, if a property within the lh mile radius that is currently undeveloped
(i.e. no home or well) becomes developed (i.e. owner drills a well as a source of drinking
water) after the date of HB630, then Duke is not legally required to provide alternate water.
Similarly, if a water supply well is drilled on any property within the 'h mile radius, after
the date of HB630, Duke would not be legally required to provide alternate water.
However, to make one note of clarification, if a property is vacant (i.e. no one is currently
living there) but they have a well on the property when the act became effective, they are
eligible for an alternate water supply.
Also, Duke will attempt to contact eligible well owners for their alternative water supply choice
through a combination of our January 2017 mailing, February 2017 community information
sessions, direct contact, and registered mailing (if necessary). If we are unable to obtain a
response from the eligible well owners after these numerous attempts, Duke is assuming that the
well owner is opting out of the offered options. We would NC DEQ's confirmation of this course
of action.
DEQ Response: Since G.S. 130A -309.211(c1) does not set time lines for residents to
respond to Duke, NC DEQ does not support your assumption that non-responsive well
owners are "opting out of the offered options".
If you have further questions, please feel free to contact Eric Smith at [phone].
Sincerely,
S. J erman, P.G., Director
Division of Water Resources
cc: Jessica Bednarcik, P.E. — Duke Energy, 526 South Church Street, P.O. Box 1006,
Charlotte, NC 28202
Jessica Godreau — Division of Water Resources Public Water Supply Section
Kim Colson — Division of Water Infrastructure
WQROS — Regional Office Supervisors
WQROS Central.File Copy