Ltr to DEQ re Clean Water for Asheville, Belews, Roxboro, Mayo_20171128

LAW OFFICES OF
F. BRYAN BRICE, JR.
F. BRYAN BRICE, JR.
CATHERINE CRALLE JONES
MATTHEW D. QUINN
ROBERT R. GELBLUM, Of COUNSEL
November 28, 2017
Bill Lane
General Counsel
127 W. HAROETT ST., STE, 600
RALEIGH, NC 27601
'ML; 919-754-1600
WVJW.ATTYBRYANERICE,COM
North Carolina Department of Environmental Quality
1601 Mail Service Center
Raleigh NC 27699-1601 Also sent via electronic mail to bill. lanegncdenr.gov
Jay Zimmerman
Director, Division of Water Resources
North Carolina Department of Environmental Quality
1611 Mail Service Center
Raleigh, NC 27699 Also sent via electronic mail to jay.zimmermanAnedenr.gov
Re; Duke Energy Clean Water for Asheville, Belews Creek, Roxboro, & Mayo
Dear Messrs. Lane and Zimmerman,
We appreciate your continued review of all pertinent information regarding Duke
Energy's obligation for the provision of clean water for the communities referenced above. I am
writing to follow up in regards to our previous correspondence and discussions regarding clean
water for Roxboro, Mayo, Belews Creek, and Asheville pursuant to CAMA and other
environmental laws and regulations in anticipation of your meeting in Stokes County. We
wanted to share our most recent information regarding the following:
Asheville: There are a number of property owners directly across from Duke's coal ash
pond across the French Broad who received Do Not Drink letters and have had other testing
performed in regards to their wells. We provided most of this information to you on Nov. 9.
Upon further discussion with our experts, and their reviews of the well test results for Ric and
Jeri Cruz Segarra (homeowners directly across from the Arden coal ash pond across the French
Broad), they confirm per the data we provided on November 9, 2017, that their well is an
excellent water producer with considerable fracturing evident throughout the logged section to
over 600 feet below grade. Due to the interconnection of fractures, it seems likely that the water
in the Cruz Segarra well is derived from nearby sources and that the French Broad river would
not necessarily play a role in where the water was corning from (or not). Duke's consultant's
geographical well log on its face shows that the assumptions they have made- that most all
bedrock aquifer water is located at shallow depths within/just below the "transition zone"
between rock and saprolite- is an incorrect assumption. Thus, it is more likely than not that the
impacts to their well is from a coal ash source, i.e., the pond and its sediments within a half mile
of their well.

November 28, 2017
Page 2of3
As we have pointed out previously, CAMA's directive is for Duke Energy to supply all
properties within a half mile with clean water, with the stated preference for connection to a
public water supply. N.C.G.S.130A-309.21 l(cl). Further, if it appears to the department that
coal ash contaminants from Duke's long term impoundments has effected wells or "is expected
to migrate" (N.C.G.S.130A-309.211(c1), then such properties should be deemed well eligible
and provided clean water. With the information you now have, we ask that you deem all property
owners on Glenbridge Road (at Sumner Drive), and up Sumner Drive into our clients'
neighborhood, as well eligible and direct that Duke to supply them municipal water. In our most
recent discussions with Asheville city government and water authority employees, connection
can be provided in short order and they are ready to work with Duke, our clients, and others to
make those lines available.
Since Duke has already agreed that Asheville "neighbors" will receive municipal water
extensions and hook ups paid for by Duke, and that such is not "cost prohibitive", adding these
other Asheville area neighbors, who are within the half mile, is clearly not "cost prohibitive"
when added to the larger group of neighbors as well.
Belews Creek: On behalf of all of our clients in Stokes County, we greatly appreciate
you and/or Secretary Regan meeting with the community to hear their concerns tomorrow (Nov.
29'") at the Walnut Cove Public Library. I am sure there will be an attentive crowd, as most of
these folks have been living with contaminated drinking water issues for over two years.
In regards to the property owners within a half mile from the Belews Creek plant, our
most recent discussions with the Winston Salem and Forsyth County Water Treatment staff and
the Stokes County Water and Sewer Authority.is that there is more than enough capacity to serve
not only the current well eligible families provided by Duke in its submissions to you, but also
the current and near -future connections that can be made pursuant to land parcel sizes and zoning
rules/regulations as discussed inn our Nov. 16 letter to you. Also, these governmental entities are
ready to work with Duke and our clients, and others within the half mile, to implement the plans
proposed by Duke providing most of Belews Creek with a permanent water supply.
Roxboro/Mayo: We have engaged in further follow up discussion with Old North State
Water Company, LLC as to their ability to implement the permanent clean water supply as
discussed in Duke's submittals to DEQ, and they are ready, willing, and able to provide what
was proposed. Also, they are willing to work with Duke, DEQ, and our clients within the half
mile to improve these plans to be even more cost effective and efficient for the distribution of
treated water supplies through infrastructure and meters. Lastly, we want to confirm that the
plans produced by Duke for this permanent water supply provides more than enough capacity to
provide water to the properties which, per our last correspondence, are currently (and in the
future) able to connect to the proposed system. This issue of infrastructure capacity enhancing
current and future residential and commercial economic growth cannot be overstated.
As to Mayo, we renew our stated points in all previous correspondence at to the provision
of a permanent water supply for this community, particularly given the fact that Duke paid to
have municipal water run to its plant at Mayo. Surely they can provide the same to their
"neighbors".

November 28, 2017
Page 3 of 3
We continue to work on behalf of our clients and property owners within these
communities who would be directly benefitted by provision of a permanent water supply - just
like Duke is providing for everyone else around the state who is similarly situated. If you have
any questions or concerns, please do not hesitate to call.
Sincerely,
JL
Jr.