NC0004961_Request for Confirmation of Permit & Correction_20161221

DUKE
o, 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
[phone]
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NOV 21 2016
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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.
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