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Home My WebLink AboutWQ0000020_NOV2009PC0049_20090209OF WAIF �9� Beverly Eaves Perdue, Governor 0 Dee Freeman, Secretary no North Carolina Department of Environment and Natural Resources Q < Coleen H. Sullins, Director Division of Water Quality AQUIFER PROTECTION January 22, 2009 CERTIFIED MAIL 7002 0460 0001 9899 5732 0SNRIDWa RETURN RECEIPT REQUESTED ��pr protedjon s 9 on John Toepfer, P.E. Fig p5 200 Senior Environmental Technical Specialist Environmental Services Progress Energy Carolinas, Inc. 410 S. Wilmington Street PEB 4A Raleigh, NC 27601 Subject: NOTICE OF VIOLATION NOV-2009-PC-0049 Permit Condition 11.7. Progress Energy Ash Distribution Program Permit No. WQ0000020 Buncombe County Dear Mr. Toepfer: On January 22, 2009 staff from the Asheville Regional Office of the Division of Water Quality responded to a complaint regarding ash deposition on property adjacent to Progress Energy's ash storage pond. The investigation revealed that ash from the ash pond had blown and accumulated on several properties (homes, cars and lawns) in the Lake Julian Trails housing development. The facility was found to be in violation of Permit WQ0000020 for the following: Permit Condition 11.7. states in part: Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying ash from stockpile/storage areas onto adjacent property or into any surface waters prior to distribution and use.... North Carolina Division of Water Quality — Asheville Regional Office 2090 U.S. Highway 70 Swannanoa, NC 28778 Aquifer Protection Section Customer Service 1-877-623-6748 Internet: h2o.enr.state.nc.us An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper No `hCatuarolina rally Phone (828) 296-4500 FAX (828) 299-7043 Mr. Toepfer January 22, 2009 Page Two Please refer to the enclosed Inspection Report for any additional observation and comments. To prevent further action, carefully review this violation and respond in writing to this office within fifteen (15) working days of receipt of this letter. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Beverly Price at 828/296-4500. Sincerely, _ G. Landon Davidson, LG Regional Supervisor Aquifer Protection Section Attachment cc: Laurie Moorehead, Senior Environmental Specialist Progress Energy Carolinas, Inc. w/ attachment APS Central Files w/ attachment APS Enforcement w/ attachment APS ARO Files Compliance Inspection Report Permit: WQ0000020 Effective: 02/17/06 Expiration: 02/28/11 Owner: Progress Energy Carolinas Inc SOC: Effective: Expiration: Facility: Progress Energy Ash Distribution Program County: Unknown PO Box 1551 Region: Asheville Contact Person: Paula J Sims Title: Vice President - Fossil Ge Phone: Directions to Facility: From Interstate 26 East take the Long Shoals Rd. Exit. Turn left onto Long Shoals Rd. and go approximately 1 mile to facility entrance gn the richt. System -classifications: Primary ORC: Certification: Phone: Secondary ORC(s): On -Site Representative(s): 24 hour contact name 24 hour contact name Related Permits: Inspection Date: 01/22/2009 Primary Inspector: Beverly Price Secondary Inspector(s): John R Toepfer Laurie Moorehead Entry Time: 09:30 AM Exit Time: 10:30 AM Reason for Inspection: Complaint Inspection Type: Complaint Permit Inspection Type: Distribution of Residual Solids (503 exempt) Facility Status: ❑ Compliant ■ Not Compliant Question Areas: N Miscellaneous Questions E Record Keeping (See attachment summary) Phone: 919-546-7863 Phone: 828-280-2452 Phone: 828-296-4500 Page: 1 Permit: WQ0000020 Owner - Facility: Progress Energy Carolinas Inc Inspection Date: 01/22/2009 Inspection Type: Complaint Reason for Visit: Complaint Inspection Summary: The investigation was a result of a complaint filed by Elisa Glover. Ms. Glover's property is adjacent to Progress Energy's ash storage pond. The ash had blown onto adjacent property (cars, homes, lawns). Laurie Moorehead, Senior Environmental Specialist with Progress was notified and was already aware of the problem. Progress Energy is in the process of determining a cleanup plan for the adjoining property owners. Type Land Application Distribution and Marketing Record Keeping Is GW monitoring being conducted, if required? Are GW samples from all MWs sampled for all required parameters? Are there any GW quality violations? Is GW -59A certification form completed for facility? Is a copy of current permit on-site? Are current metals and nutrient analysis available? Are nutrient and metal loading calculating most limiting parameters? a. TCLP analysis? b. SSFA (Standard Soil Fertility Analysis)? Are PAN balances being maintained? Are PAN balances within permit limits? Has land application equipment been calibrated? Are there pH records for alkaline stabilization? Are there pH records for the land application site? Are nutrient/crop removal practices in place? Do lab sheets support data reported on Residual Analysis Summary? Are hauling records available? Are hauling records maintained and up-to-date? # Has permittee been free of public complaints in last 12 months? Has application occurred during Seasonal Restriction window? Comment: so Yes No NA NE 0000 ❑ ❑ ■ ❑ 0❑■❑ ❑❑■❑ ❑❑0■ 0❑❑■ ❑❑❑■ 0000 ❑❑■0 ❑❑■0 ❑❑■❑ ❑0■❑ ❑❑■❑ 0000 0❑■❑ 0000 ❑❑❑■ 0 0 0 E 0■❑0 ❑0■❑ Page: 2