WQ0000020_NOV2015PC0303_20151215

Water Resources
ENVIRONMENTAL QUALITY
December 2, 2015
CERTIFIED MAIL RETURN RECEIPT REQUESTED
7014 0510 0000 4466 8123
Mr. Harry K. Sideris — SVP, Environmental, Health & Safety
Duke Energy
526 South Church Street, ECUP
Charlotte, N.C. 28202
Dear Mr. Sideris,
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Subject: NOTICE OF VIOLATION
NOV-2015-PC-0303
Permit No. WQ0000020
Secretory
S. JAY ZIMMERMAN
Dimctor
RECEIVEDIDENRIDWR
DFC 0 8 2015
WaterQualitX
permitting Section
Duke Energy Progress, Inc.
Coal Combustion Products Structural Fill Projects
Buncombe County, N.C.
Chapter 143 of the North Carolina General Statutes authorizes and directs the Environmental Management
Commission of the Department of Environmental Quality to protect and preserve the water and air
resources of the State. The Division of Water Resources (Division) has the delegated authority to enforce
adopted pollution control rules. This Notice of Violation is a standard notification intended to advise you of
the legal requirements under North Carolina law, and is being issued for violations of the subject permit.
On November 2, 2015, the Asheville Regional Office of the Division received notification via phone from
Duke Energy Progress, Inc. (Duke) that two areas of the subject coal combustion product (CCP) fill site were
observed to be compromised. Observations made by Duke during the required quarterly inspections on
October 29, 2015 noted an erosion -induced breach at Area 1 and erosion -induced removal of the soil cap at
Area 4. CCP was exposed at Area 1 while erosion at Area 4 removed the soil cap layer exposing the upper
high density polyethylene (HDPE) layer of the liner.
Division staff inspected the facility on November 2, 2015 and November 5, 2015 and noted the following
violations of permit WQ0000020:
Violation 1— Failure to notify in accordance with permit condition IV.12.
The subject permit condition requires notification as soon as possible, but in no case more than 24 hours
or on the next working day following the occurrence or first knowledge of the occurrences of any
of the following: IV.12.e. Any incident involving breech [sic] of the liner system or severe erosion. CCP
was observed by Duke staff on October 29, 2014 at Area 1 where stormwater had flowed, creating
erosive rills exposing CCP. An area at the slope toe of Area 4 had eroded the soil cap and exposed the
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. Hwy. 70, Swannanoa, N.C. 28778
828 2% 4500

Duke Energy Progress, Inc.
December 2, 2015
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HDPE liner in the erosive cavity. Two areas at the termini of slope drains at Area 4 indicated advanced
soil cap erosion that could compromise the liner. No CCP was observed to have breached the upper
HDPE layer of the liner system at this location of Area 4. The Division was notified of these conditions on
November 2, 2015.
Required Corrective Action:
Provide notification and reporting pursuant to the subject permit.
Violation 2 — Failure to properly maintain and operate CCP structural fill facility, 111.1.
The above -referenced conditions, observed during the inspections, indicate a failure to properly
maintain the subject facility.
Required Response:
The Division is requiring Duke to provide complete documentation of the inspection and repair of all fill
Areas in the annual report. The annual report is to be submitted in accordance with permit condition
V.2. The report shall address, but not be limited to, the items listed in Section V.2. of the subject permit
and specifically address the following:
1. Duke subcontractors indicate that a soil cap thickness of 4 ft. was present on the slopes
of Area 4 upon completion of the cell. The Division is requiring verification of soil cap
thicknesses along the entire slope face of Area 4. Any discrepancies between the soil cap
thickness as designed and constructed and the existing soil cap thickness shall be
explained.
2. Conceptual design plans for Area 1 indicate a soil cap thickness of 4 ft. on slopes and 6 ft.
for the crown of the structural fill. The Division is requiring verification of soil cap
thicknesses along the entire slope face of Area 1 as well as all recent repair area. Any
discrepancies between the soil cap thickness as designed and constructed and the existing
soil cap thickness shall be explained. Refer to 3.d. below.
3. Describe all remedial efforts, temporary and long-term; planned to address the Area 1
breach and Area 4 soil cap erosion. This description shall include specifics with regard to:
a. Removal of the 6" slope drain at Area 1;
b. How the erosive conditions located at two slope drains on Area 4 will be stabilized
and repaired;
c. The long-term stormwater management design at Area 4, including any required
changes to slope drains and road ditches;
d. The presence of CCP on the surface of the Area 1 slope in a second area located
away from the stormwater channel;
e. The treatment and maintenance of observed rills and cavities on the slope face of
Area 1;
f. Approximately 12 cubic yards of mixed CCP and soil cap material were removed
from the repair area in Area 1. Please provide information and related
documentation of the disposal method;

Duke Energy Progress, Inc.
December 2, 2015
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g. The maintenance of Area 1 and Area 4 grass cover both on the slope face and
structural fill deck; and,
h. Access paths shall be maintained below Area 1 to allow inspection of: toe slope
area, wetland areas, all monitoring wells (including those not in the current
monitoring schedule), stormwater outlets, and streams. These access paths will
be necessary for adequate inspection in accordance with permit condition V.2.
4. A schedule indicating when a long-term stormwater solution will be implemented at Area
1 and what efforts are currently underway with regard to the design and implementation
of a permanent stormwater management plan for Area 4.
Division staff did not observe any migration of CCP offsite during the November 2, 2015 and November
5, 2015 site visits. CCP was not observed in the vicinity of the soil cap erosive cavity at Area 4.
A written response addressing the above -referenced violations shall be received by the Division no
later than December 31, 2015. Fines may be imposed pursuant to G.S. 143-215.6A(a) of not more than
$25,000 per violation for any person who violates or fails to act in accordance with the terms, conditions
or requirements of a permit issued pursuant to G.S. 143-215.1. If any failure to act is continuous,
penalties may be assessed not to exceed a maximum penalty of $25,000 per day per violation under
NCGS 143-215.6A(b) so long as the violation continues, unless otherwise stipulated.
If you have questions concerning this matter, please do not hesitate to contact Brett Laverty or me at
828/296-4500.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations, NCDEQ
Asheville Regional Office
cc: WQAsheville Files
MSC 1617 -Central Files -Basement
WQ Enforcement/ NonDischarge
Michael Reisman —Asheville Airport (via email)
John Toepher— Duke Energy (via email)

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Duke Energy Progress, Inc.
December 2, 2015
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