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Home My WebLink AboutLtr to DEQ re Excluded Households w Appendices_20170314F. BRYAN BRICE, JR. CATHERINE CRALLE JONES MATTHEW D. QUINN WARREN KUHN HICKS ROBERT R. GELBLUM, OF COUNSEL LAW OFFICES OF F. BRYAN BRICE, JR. March 14, 2017 Jay Zimmerman Director, Division of Water Resources North Carolina Department of Environmental Quality 1611 Mail Service Center Raleigh, NC 27699 127 W. HARGETT ST., STE. 600 RALEIGH, NC 27601 TEL: 919-754-1600 FAx: 919-573-4252 W W W.ATTYBRYANBRICE.COM Jay. zimmermanknc deny. gov Re: Coal Ash Management Act — Water Supply Plan — Households Improperly Excluded from Well Eligible List: Plants Roxboro, Belews Creek, Asheville Dear Mr. Zimmerman, We are writing on behalf of our clients located near the Roxboro, Belews Creek and Asheville Duke Energy plants, who should be included in Duke's Well Eligible ("WE") List. As of the last list provided from Duke or DEQ, dated January 19, 2017, these households were excluded even though they are in many cases surrounded by WE households. By separate correspondence, Wallace & Graham will address similar exclusion issues at other plants, including Allen, Buck, Marshall, and Cliffside. At each of these plants a number of households have been excluded from the list, even though many received Do Not Drink letters and have been receiving bottled water from Duke. It is unclear whether they were excluded by oversight or intention, but we wanted to raise these households to your attention and request that the addresses be reviewed and either included in the Well Eligible list, or a that a detailed explanation be given by Duke for the exclusion in each instance. Particularly at Roxboro, the 1/2 mile boundary for inclusion appears to be quite malleable. Attached as Appendix A is a chart identifying each property by plant, property owner and delivery address, and an outline of reasons they should be included as well eligible. Many of the properties are adjacent to, and even surrounded by well eligible households. Some are connected to a well eligible well. If wells or adjacent wells have been tested, those results indicating exceedances of coal ash screening constituents are also shown. Attached as Appendix B are maps for each plant. These maps show well eligible properties in small blue dots. Addresses that should be included as well eligible households are indicated with red markers and a corresponding legend to indicate the address of each household. A review of the maps provides a clear demonstration that the exclusion of these addresses appears to be quite arbitrary. These maps were prepared on a Google Maps platform. Upon request, we can March 14, 2017 Page 2 of 3 provide your office with access to these maps for easier live review of the location and relevant information. We believe that each of these households should be included as well eligible. However, we did want to raise your attention to several households and the particular circumstances near the Belews Creek plant. Belews Creek: High Arsenic and Chromium Areas The homes located on Old Plantation Rd and Old Rustic Place have extraordinarily high levels of Arsenic (22.5 — 108 ug/L), with some more than 10 times the 2L standard and the DHHS screening level (10 ug/L). Mr. Zellers, at 1275 Old Plantation Rd, has very high levels of Total Chromium (19.3 ug/L), which is almost two times the 2L standard and the DHHS screening level. Each of these homes received Do Not Drink health advisories from State officials. All of these homes appear to be downgradient of a pre -regulatory dump (the Old Walnut Cove Landfill) and there has been some concern that the dump was also used for ash disposal. Data related to these homes and the impact of residential wells on groundwater flow surrounding the plant was intentionally excluded from the original Duke Energy CSA. Duke Energy has not completed the delineation of areas in which contamination from the coal ash is expected to migrate, as demonstrated by groundwater modeling and hydrogeologic, geologic and geotechnical investigations of the site. Since the health impacts of this level of contaminants are so severe, and Duke has not demonstrated that these well are not impacted by coal ash constituent we would urge that these homes be included as Well Eligible properties in order to protect these residents. Roxboro: Fluid Compliance Boundary These homes along McGhees Mill Rd are part of the ever changing landscape of the compliance boundary surrounding the Roxboro plant. Each of the homes listed is very close to the proposed boundary that has continued to shift over time. These homes were not initially evaluated for Duke's CSA, nor did the CSA include any evaluation of the impact of residential wells on groundwater flow. As is the case at Belews, Duke Energy has not completed the delineation of areas in which contamination from the coal ash is expected to migrate, as demonstrated by groundwater modeling and hydrogeologic, geologic and geotechnical investigations of the site. Furthermore, their water plan compliance boundary appears to be rather fluid and has not been approved by DEQ. Adjacent wells that were tested have shown high levels of Vanadium, Hex Chrome, Manganese, and Sodium, and received Do Not Drink health advisories from State and local officials. For these reasons, these additional homes should also be listed as Well Eligible. Asheville/Arden: Arbitrary Inclusion of Select Addresses on West Side of French Broad River The list of Well Eligible households (dated 1.19.2017) provided to us by DEQ, includes two households located on the west side of the French Broad River: one located on Sumner Drive, and the other located on Justin Trail. Duke has refused to provide an updated list in spite of March 14, 2017 Page 3 of 3 numerous requests from our office. However, we were notified by two client households, the Cruz-Segarras (218 Sumner Dr.), and the Simpsons (215 Sumner Dr), that they received two sets of water election cards from Duke Energy: one set allowed public water connection or filtration, and the other side allow for filtration only. The permanent water plan submitted by Duke for this area did not included any homes west of the River, so it is unclear the reasons for Duke's inclusion of select addresses only in this neighborhood, and it is unclear whether the plan is for public water hook-up or filtration systems, or what rationale is being applied. Although Duke has conducted significant sampling at most, if not all, of these wells, Duke has not been able to show that contaminants are not flowing through fractured bedrock into these wells. DEQ has confirmed that Duke has not completed the delineation of expected areas of contamination surrounding the Arden site. For these reasons, the remaining addresses on Sumner Drive and Justin Trail should be listed as Well Eligible. We appreciate your assistance to resolve these concerns regarding these homes and their inclusion to ensure consistent application of the Coal Ash Management Act requirements for alternate water. If DEQ or Duke determines that these homes are not well eligible, please provide us with the basis for the determination. We would be happy to discuss these further. Please let me know if you have questions. If you or your staff would like access to the live maps, please contact my assistant, Hannah Habeeb (Hannalikattybryanbrice.com). Very truly yours, ` F. Bryva Brice1Jr. Enclosures: Appendix A: Description of Household of Concern and Analysis for Inclusion Appendix B: Map Showing Households of Concern and Well Eligible Households cc: (Via Email) Mona Wallace Bill Graham Cary McDonald Debra Watts Facility Map# Delivery Delivery Delivery Delivery -W Asheville 1 105 Justin Trl Arden NC 28704 964420870000000 Bobby & Shelia McClellan Adjacent to Well Eligible 212 Sumner Dr and 115 Justin Trl W/in .5 mile compliance boundary Includes DND well AS020 Exceedances NC 2L Standard - Sulfate 420 ug/L Exceedances DHHS - Sodium 25100 ug/L, Sulfate 420 mg/L Asheville 2 206 Sumner Dr Arden INC 28704 964329687700000 Teresa Fore Sumner Estate Adjacent to Well Eligible 115 Justin TO W/in .5 mile compliance boundary Adjacent to DND well AS014 Exceedances NC 2L Standard - Iron 568 ug/L, Manganese 240 ug/L, TDS 526 mg/L Exceedances DHHS - Manganses 240 ug/L, Sodium 20700 ug/L Asheville 3 211 Sumner Dr Arden NC 28704 964421215600000 Alexander Ryan Leatherwood Adjacent to Well Eligible 212 Sumner Dr. W/in .5 mile compliance boundary Adjacent to DND well AS017 Exceedances NC 2L Standard - Iron 379 ug/L Asheville 4 213 Sumner Dr Arden INC 28704 964421373800000 Wally Brown & Stacey Wagner Adjacent to Well Eligible 212 Sumner Dr. W/in .5 mile compliance boundary Includes DND well AS17 Exceedances NC 2L Standard - Iron 379 ug/L Asheville 5 215 Sumner Dr Arden NC 28704 964421784900000 Joseph & Deborah Simpson Adjacent to Well Eligible 212 Sumner Dr. and 115 Just TO W/in .5 mile compliance boundary Includes DND well AS13 Exceedances NC 2L Standard - Sulfate 356 ug/L, TDS 696 mg/L Exceedances DHHS - Sodium, 77900 ug/L, Sulfate 356 mg/L Asheville 6 218 Sumner Dr Arden INC 28704 964431271400000 Ricardo & Jeri Cruz-Segarrz Adjacent to Well Eligible 212 Sumner Dr. and 115 Just Trl W/in .5 mile compliance boundary Includes DND well AS11 Exceedances NC 2L Standard - Sulfate 340 ug/L, TDS 560 mg/L Exceedances DHHS - TDS Sodium 72000 ug/L, Sulfate 340 mg/L Facility Creek IV1ap# 1 Delivery Address 1030 Goolsby MHP Delivery City Walnut Cove Delivery State NC Delivery Zip 27052 Parcel ID 6983-00-91-8545 Client Chester Goolsby Estate Analysis Adjacent to Belews Steam Station, Proximity to Well Eligible 2690/2690B Pine Hall Rd Includes DND well BCO23 Exceedances NC 2L Standard - Manganese 144 ug/L Exceedances DHHS - Cobalt 4.3 ug/L Belews Creek 2 1040 Goolsby MHP Walnut Cove NC 27052 6983-00-91-8545 Chester Goolsby Estate Adjacent to Belews Steam Station, Proximity to Well Eligible 2690/2690B Pine Hall Rd Includes DND well BCO23 Exceedances NC 2L Standard - Manganese 144 ug/L Exceedances DHHS - Cobalt 4.3 ug/L Belews Creek 3 2634 Pine Hall Rd Belews Creek NC 27009 6983-00-91-3108 Chester Goolsby Estate Adjacent to Well Eligible 2690/2690B Pine Hall Rd and Belews Steam Station Includes DND well BCO22 Exceedances NC 2L Standard - Manganese 148 ug/L Belews Creek 4 2610 Pine Hall Rd Walnut Cove NC 27052 6983-00-91-3108 Clarence & Elaine Malloy Adjacent to Well Eligible 2690 B Pine Hall Rd and Belews Steam Station Includes DND well BCO22 Exceedances NC 2L Standard - Manganese 148 ug/L Belews Creek 5 2610 Pine Hall Rd Walnut Cove NC 27052 6983-00-91-3108 Jessie Ray & Bonnie Goolsby Adjacent to Well Eligible 2690/2690B Pine Hall Rd and Belews Steam Station Includes DND well B0022 Exceedances NC 2L Standard - Manganese 148 ug/L Belews Creek 6 2584 Pine Hall Rd Walnut Cove NC 27052 6983-00-91-8545 Chester Goolsby Estate Adjacent to Belews Steam Station, Proximity to Well Eligible 2690/2690B Pine Hall Rd Includes DND well BCO23 Exceedances NC 2L Standard - Manganese 144 ug/L Exceedances DHHS - Cobalt 4.3 ug/L Belews Creek 7 2578 Pine Hall Rd Walnut Cove NC 27052 6983-00-91-8545 Chester Goolsby Estate Adjacent to Belews Steam Station., Proximity to Well Eligible 2690 B Pine Hall Rd Includes DND well BCO23 Exceedances NC 2L Standard - Manganese 144 ug/L Exceedances DHHS - Cobalt 4.3 ug/L Belews Creek B 2564 Pine Hall Rd Walnut Cove NC 27052 6983-00-91-8545 Chester Goolsby Estate Adjacent to Belews Steam Station, Proximity to Well Eligible 2690 B Pine Hall Rd Includes DND well BCO23 Exceedances NC 2L Standard - Manganese 144 ug/L Exceedances DHHS - Cobalt 4.3 ug/L Belews Creek 9 1456 Old Plantation Rd Walnut Cove NC 27052 6972-00-64-0749 Billy and Chelsea Davis Proximity to Well Eligible 1230, 1235, 1270 Old Plantation Rd. Includes DND well BC032 Exceedances NC 2L Standard - Arsenic 22.5 ug/L Exceedances DHHS - Arsenic 22.5 ug/L Belews Creek 10 1435 Old Plantation Rd. Walnut Cove NC 27052 6972-00-74-0825 Scott & Elaine Johnston Proximity to Well Eligible 1230, 1235, 1270 Old Plantation Rd. Adjacent to DND well BCO29 Exceedances DHHS - Hex Chrom .16 ug/L Adjacent to DND well BC032 Exceedances NC 2L Standard - Arsenic 22.5 ug/L Exceedances DHHS - Arsenic 22.5 ug/L Belews Creek 11 1377 Old Plantation Rd Walnut Cove NC 27052 6972-00-74-0271 Brenda Lapeyrolerie Proximity to Well Eligible 1230, 1235, 1270 Old Plantation Rd. Includes DND well B0035 Exceedances NC 2L Standard - Arsenic 15.7 ug/L, Iron 365 ug/L, Manganese 253 ug/L Exceedances DHHS - Arsenic 15.7 ug/L, Hex Chrom .18 ug/L, Manganese 253 ug/L Belews Creek 12 1320 Old Plantation Rd Walnut Cove NC 27052 6972-00-85-1395 Ted Clark Proximity to Well Eligible 1230, 1235, 1270 Old Plantation Rd. Includes DND well BCO20 Exceedances NC 2L Standard - Arsenic 10.8 ug/L Exceedances DHHS - Arsenic 10.8 ug/L, Molybdenum 20.2 ug/L Belews Creek 13 1275 Old Plantation Rd Walnut Cove NC 27052 6972-00-74-7127 Vernon Zellers Adjacent to Well Eligible 1220, 1235, 1270 Old Plantation Rd. Includes DND well BC033 Exceedances NC 2L Standard - Total Chrom 19.3 ug/L, Manganese 67.6 ug/L Exceedances DHHS - Total Chrom 19.3 ug/L Belews Creek 14 1035 Old Rustic Place Lane Walnut Cove NC 27052 6972-00-74-6735 Bill & Devonne Duncanson Proximity to Well Eligible 1230, 1235, 1270 Old Plantation Rd. Includes well BC030 Exceedances NC 2L Standard - Arsenic 108 ug/L Exceedances DHHS - Arsenic 108 ug/L Map# .- Delivery City DeliveryFacility State Delivery Roxboro 1 924 Concord Ceffo Rd. Roxboro NC 27574 9988-00-43-3988.000 Troy Winstead Adjacent to Well Eligible Smallwood_154 Archie Clayton Rd and Hudgkins 1163 Concord Ceflo Rd Proximity to Well Eligible 2869 McGhees Mill Rd, 1163 Concord Ceffo Rd, and 154 Archie Clayton Rd Roxboro 2 2561 McGhees Mill Rd Semora NC 27343 9988-02-56-9073.000 Marissa D. McCain Adjacent to Well Eligible 3276 McGhees Mill Rd. (Bobby Gray)(2017 Test Results) Roxboro 3 3058 McGhees Mill Rd Semora NC 27343 9988-02-68-0543.000 Michael & Lynn Gray Exceedances 2L: Manganese (149 ug/L); DHHS - Sodium 27000 ug/L, Vanadium 5.1 ug/L Roxboro 4 3278 McGhees Mill Rd Semora NC 27343 9988-02-69-8232.000 Reid & Kimberly Bradsher Connected to Well Eligible 3276 McGhees Mill Rd. (Bobby Gray)(2017 Test Results) Adjacent to Well Eligible Gilliam/Carver 5831 McGhees Mill Rd. Proximity to DND well R0016 Roxboro 5 4591 McGhees Mill Rd Semora NC 27343 9989-02-76-5123.000 Ernest & Faye Woods Exceedances DHHS - Hex Chrom 1.2 ug/L, Vanadium 5.5 ug/L Proximity to Well Eligible Gilliam/Carver 5831 McGhees Mill Rd. 14629 Last residence in proximity to DND well RO016 Roxboro 6 McGhees Mill Rd Semora NC 27373 9989-02-76-6304.000 Alonzo & Gwendolyn Terrell Exceedances DHHS - Hex Chrom 1.2 ug/L, Vanadium 5.5 ug/L D alaxammimb 4 ': � a�• rs i:% r * ti E ., ._fir ■��, � °i�, "'" w .., � '_ � �`` F- 0 , ; ASH EVI LLE STEAM STATIONjo r F IP 10, j .. ,1. % % n, { " -""■- y, i ! ' ' a -'� � �,.•, °, ,� '• L ; -q+ pay -' � r 1 r_ a. —W .;. 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