NC0004987_Special Order By Consent_20180416

• REC€IVED/DENR/DWR
APR 16 2018
Water Resources
NORTH CAROLINA Permitting Section
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTIES OF GASTON, CATAWBA,
AND RUTHERFORD
IN THE MATTER OF )
NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMITS NC0004979,NC0004987 ) EMC SOC WQ S 17-009
&NC0005088 )
)
HELD BY )
DUKE ENERGY CAROLINAS, LLC )
Pursuant to the provisions of North Carolina General Statutes (G.S.) 143-215.2, this Special
Order by Consent is entered into by Duke Energy Carolinas, LLC, hereinafter referred to as
Duke Energy, and the North Carolina Environmental Management Commission, an agency of
the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the
Commission. Duke Energy and the Commission are referred to hereafter collectively as the
"Parties."
1. Stipulations: Duke Energy and the Commission hereby stipulate the following:
a. This Special Order by Consent ("Special Order") addresses issues related to the
elimination of seeps (as defined in subparagraphs e, f, and g below) from Duke
Energy's coal ash basins during the separate and independent process of basin
closure under the Coal Ash Management Act, G.S. 130A-309.200 through 130A-
309.231 ("CAMA") and the Federal Coal Combustion Residuals Rule, 40 CFR
Parts 257 and 261. The Environmental Protection Agency first directed permitting
authorities to consider potential impacts on surface water of seeps from earthen
impoundments in 2010. At that time, Duke Energy began discussions with the
North Carolina Department of Environmental Quality ("the Department")
regarding seeps at multiple Duke Energy facilities, including identifying certain
seeps in permit applications and providing data to the Department regarding
seeps. In 2014, Duke Energy provided a comprehensive evaluation of all areas of
wetness and formally applied for NPDES permit coverage of all seeps. Since
2014, Duke Energy has performed periodic inspections and promptly notified the
Department of new seeps and sought NPDES permit coverage where appropriate.
On March 4, 2016, the Department issued Notices of Violation ("NOVs") to Duke
Energy related to seeps.

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Decanting (i.e., removal of the free water on the surface of the coal ash basins),
which is required before ash basins can be closed, is expected to substantially
reduce or eliminate the seeps. In order to accomplish this goal of substantially
reducing or eliminating seeps, this Special Order affords certain relief to Duke
Energy related to the non-constructed seeps (as defined in subparagraphs f and g
below), while requiring Duke Energy to accelerate the schedule for decanting as
specified more fully below. Constructed seeps (as defined in subparagraphs e and
f below) will be addressed in the NPDES permits. After completion of decanting,
for any remaining seeps, whether constructed or non-constructed, Duke Energy
must take appropriate corrective action as specified more fully below.
b. Duke Energy has been issued North Carolina NPDES permits for operation of an
existing wastewater treatment works at each of the following coal fired, electric
generation facilities ("Duke Energy Facilities," or in the singular, "Facility"):
Permit Issuance Receiving Water
Facility Number County Date for Primary
Outfall
Allen NC0004979 Gaston 1/18/2011 Catawba River
Marshall NC0004987 Catawba 9/9/2016 Catawba River
Rogers NC0005088 Rutherford 2/20/2012 Broad River
c. The Duke Energy Facilities listed above will continue to operate and generate
coal ash, and each is subject to the provisions of this Special Order.
d. Wastewater treated at coal-fired electric stations includes water mixed with ash
produced through the combustion of coal for the steam generation process. Ash is
controlled and collected through the use of water, creating a slurry that is
conveyed to impoundments or basins with earthen dike walls. In the ash basin,
the solids separate from the liquid portion, with the resulting supernatant
discharged under the terms of the NPDES permit.

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e. The coal ash basins at the Duke Energy Facilities are unlined, having no
impermeable barrier installed along their floors or sides. Earthen basins and dike
walls are prone to the movement of liquid through porous features within those
structures through a process known as seepage. Each of the Duke Energy
Facilities covered by this Special Order exhibits locations adjacent to, but beyond
the confines of, the coal ash basins where seepage of coal ash wastewater from
the coal ash basins may intermix with groundwater, reach the land surface (or
"daylight"), and may flow from that area. Once such seepage reaches the land
surface, it is referred to as a"seep." Each of the seeps identified at the Duke
Energy Facilities and addressed in this Special Order exhibit some indication of
the presence of coal ash wastewater. Both (a) confirmed seeps and (b) areas
identified as potential seeps that were later dispositioned, are identified in
Attachment A.
f. Some of Duke Energy's coal ash impoundments contain constructed features on
or within the dam structures (such as toe drains or filter blankets) to collect
seepage. This wastewater is conveyed via a pipe or a constructed channel directly
to a receiving water. These discrete, identifiable, point source discharges are or
will be covered and regulated by the respective NPDES permits and designated as
outfalls therein. The characteristics of these wastewater flows are similar to those
discharging from other permitted outfalls for ash basin effluent. In this Special
Order, seeps that are (1) on or within the dam structures and (2) convey
wastewater via a pipe or constructed channel directly to a receiving water are
referred to as "constructed seeps." Seeps that are not on or within the dam
structures or that do not convey wastewater via a pipe or constructed channel
directly to a receiving stream are referred to as "non-constructed seeps."
g. Non-constructed seeps at the Duke Energy Facilities often exhibit low flow
volume and may be both transient and seasonal in nature, and may, for example,
manifest as an area of wetness that does not flow to surface waters, a point of
origin of a stream feature, or flow to an existing stream feature. These
circumstances of the non-constructed seeps make them difficult to discern,
characterize, quantify and/or monitor as discrete point source discharges. This
creates challenges in permit development and compliance monitoring because it is
difficult to accurately monitor for flow and discharge characterization. Non-
constructed seeps at the Duke Energy Facilities present significant challenges to
their inclusion in NPDES permits as point source discharges, but they do cause or
contribute to pollution of classified waters of the State. Therefore, these non-
constructed seeps are addressed in this Special Order rather than in an NPDES
permit.

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h. Investigations and observations conducted by the Department and U. S. Army
Corps of Engineers staff have concluded that some seeps emanating from Duke
Energy's coal ash ponds create and/or flow into features delineated as classified
waters of the State or Waters of the United States.
i. Collectively, the volume of non-constructed seeps is generally low compared to
the volume of permitted wastewater discharges at the Duke Energy Facilities.
j. In 2014, Duke Energy conducted a survey of each coal-fired electric generation
station to identify potential seeps from the coal ash surface impoundments. Duke
Energy included all areas of wetness identified around the impoundments as
seeps, and submitted applications to include those seeps in NPDES permits.
Beginning in 2015, Duke Energy has implemented semi-annual surveys to
identify new seeps in the vicinities of the coal ash basins. Additional seeps have
been observed and documented during these surveys and reported to the
Department pursuant to a Discharge Identification Plan mandated by CAMA.
Additional investigation has determined that not all of areas identified in 2014 are
seeps, but each Duke Energy facility does have multiple seeps.
k. The Department issued NOVs to Duke Energy on March 4, 2016 for the seeps
that emanate from the unlined coal ash surface impoundments at the Duke Energy
Facilities.
1. Non-constructed seeps create conditions such that certain surface water quality
standards may not consistently be met at all Duke Energy monitoring sites.
m. The presence of coal ash influenced water in the non-constructed seeps causes or
contributes to pollution of the waters of this State, and Duke Energy is within the
jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21.
n. A list of seeps identified in the vicinities of the coal ash surface impoundments at
the Allen, Marshall and Rogers plants, as well as their locations, and the bodies of
water those seeps may flow into (if applicable), can be found in Attachment A to
this Special Order.
o. Duke Energy must close the coal ash surface impoundments at all North Carolina
coal-fired electric generating stations in accordance with applicable requirements
set out in CAMA and the Federal Coal Combustion Residuals Rule, requirements
of which are independent of the resolution of seeps addressed in this Special
Order.
P. Decanting of wastewater performed at Duke Energy's coal ash basins is expected
to eliminate or substantially reduce the seeps from the ash basins at the Duke
Energy Facilities.

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q. Since this Special Order is by consent, the Parties acknowledge that review of the
same is not available to the Parties in the N.C. Office of Administrative Hearings
Furthermore, neither party shall file a petition for judicial review concerning the
terms of this Special Order.
2. Duke Energy, desiring to resolve the matters causing or contributing to pollution of the
waters of the State described above, hereby agrees to do the following:
a. Penalties
1) Upfront Penalty. As settlement of all alleged violations due to seepage at
these Duke Energy Facilities, pay the Department, by check payable to the
North Carolina Department of Environmental Quality, a penalty in the
amount of$156,000, calculated based upon $12,000 each for five
constructed seeps identified prior to January 1, 2015 and$6,000 each for
sixteen non-constructed seeps identified prior to January 1, 2015.
A certified check in the amount of$156,000.00 must be made payable to
the Department of Environmental Quality and sent to the Director of the
Division of Water Resources (DWR) at 1617 Mail Service Center,
Raleigh, North Carolina 27699-1617 by no later than thirty (30) days
following the date on which this Special Order is approved and executed
by the Commission, and received by Duke Energy.
No penalty shall be assessed for seeps identified after December 31, 2014,
given Duke Energy's inclusion of seeps in permit applications and
compliance with the Discharge Identification Plan required under CAMA.
By entering into this Special Order, Duke Energy makes no admission of
liability, violation or wrongdoing. Except as otherwise provided herein,'
payment of the upfront penalty does not absolve Duke Energy of its
responsibility for the occurrence or impacts of any unauthorized
discharges in the area of the Duke Energy Facilities that may be
discovered in the future, nor does the payment preclude DWR from taking
enforcement action for additional violations of the State's environmental
laws.
2) Stipulated Penalties. Duke Energy agrees that unless excused under
paragraph 5, Duke Energy will pay the Department, by check payable to
the North Carolina Department of Environmental Quality, stipulated
penalties according to the following schedule for failure to perform
activities described in paragraphs 2(b, c, and d), or for failure to comply
with interim action levels listed in Attachment A.
1 See especially paragraph 2(a)(2) excepting newly identified seeps from future penalties under
certain conditions.

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Failure to meet a deadline in the Compliance $1,000.00/day for the first seven
Schedule in 2(b) of this Special Order days; $2,000.00/day thereafter
Failure to meet any other deadline in this $1,000.00/day for the first seven
Special Order days; $2,000.00/day thereafter
Exceedance of an interim action level listed in $4,500.00 per monitored exceedance
Attachment A
Monitoring frequency violations $1,000.00 per violation
Failure to submit, within 210 days of the
completion of decanting at each Facility,
adequate amendments to groundwater
Corrective Action Plans or Closure Plans to $5,000.00 per day, to a maximum of
address all remaining seeps, whether $1,000,000.00 per electric generating
constructed or non-constructed, through facility.
corrective action as applicable under
paragraph 2(d) of this Special Order.2
As long as Duke Energy remains in compliance with the terms of this Special Order, as
well as CAMA and conditions of any approvals issued thereunder, the Department shall
not assess civil penalties for newly identified seeps.
b. Compliance Schedule. Duke Energy shall undertake the following activities in
accordance with the indicated time schedule. No later than fourteen (14) calendar
days after any date identified for accomplishment of any activity, Duke Energy
shall submit to the Director of DWR written notice of compliance or
noncompliance therewith. In the case of compliance, the notice shall include the
date compliance was achieved along with supporting documentation if applicable.
In the case of noncompliance, the notice shall include a statement of the reason(s)
for noncompliance, remedial action(s) taken, and a statement identifying the
extent to which subsequent dates or times for accomplishment of listed activities
may be affected.
Duke Energy shall accelerate compliance with the requirements of G.S. 130A-
309.210(d) and (f) such that all projects necessary to eliminate discharges of
stormwater into the surface impoundments at the Duke Energy Facilities and to
convert to dry bottom ash handling shall be complete prior to the deadline for
initiating decanting set out below.
2 Failure to adequately implement any amended Corrective Action Plan or Closure Plan will be
handled in the normal course.

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1) Complete dry ash handling projects in accordance with the following
schedule
Facility Fly Ash Bottom Ash
Allen Complete 3/31/2019
Marshall Complete 1/31/2019
Rogers 3/31/2018 8/31/2018
2) Initiation of Decanting
Allen 6/30/2019
Marshall 9/30/2019
Rogers 3/31/2019
3) Completion of Decanting
Allen 6/30/2020
Marshall 3/31/2021
Rogers 3/31/2020
This schedule is premised upon timely issuance of necessary permits or approvals,
and no requirement imposed by DWR to implement physical/chemical treatment
during decanting except as required by an NPDES permit. Should any of these
assumptions prove to be incorrect, the Parties shall renegotiate these deadlines,
provided that the final expiration date of this Special Order will not be affected by
such renegotiation.
4) Termination of Special Order
This Special Order shall terminate on a facility-by-facility basis on the
later of the following dates:
• 180 days following completion of decanting; or
• 30 days following the approval of an amended groundwater
Corrective Action Plan and/or Closure Plan as appropriate (if an
amendment is submitted in compliance with subparagraph d.
below).

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p. 8
c. Additional Compliance Measures. Duke Energy shall undertake the following
additional compliance measures:
1) If the monitoring of any classified water of the State receiving flow from
seeps regulated by this Special Order indicates exceedance of any interim
action level established by the Special Order, Duke Energy shall increase
monitoring at that location from quarterly to monthly until concentrations
of monitored characteristics return to those observed at the initiation of the
Special Order. If any interim action level established by the Special Order
is exceeded by more than 20% in a single sampling event, or exceeded for
two (2) consecutive monitoring events, in addition to paying the
associated stipulated penalty, Duke Energy shall conduct a re-assessment
of the contributing seep(s), including, but not limited to, evaluation of
proposed remedial actions for treatment and/or control of the seep such
that impacts to the receiving waters are quickly mitigated A report
compiling the findings of the re-assessment, including proposed remedial
actions, shall be provided to the Director of DWR within 60 days of any
applicable exceedance. Following its review, DWR shall notify Duke
Energy of its concurrence or disapproval of Duke Energy's proposed
remedial actions.
2) Once the decanting process is initiated, within thirty (30) days after the
end of each quarter, Duke Energy shall provide reports on the status of
decanting work and other activities undertaken with respect to closure of
each coal ash surface impoundment to DWR. The quarterly reports are
due by April 30, July 30, October 30 and January 30 while this Special
Order is in effect. The reports are to be submitted as follows. one copy
must be mailed to the appropriate Regional Office Supervisor for each
facility and one copy must be mailed to the Water Quality Permitting
Program, Division of Water Resources, 1617 Mail Service Center,
Raleigh,NC 27699-1617.

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3) Duke Energy shall conduct annual comprehensive surveys of areas down
gradient of ash basins identifying new seeps, and documenting the
physical characteristics of previously documented seeps. All
examinations of seeps must include identification of seeps by approximate
latitude and longitude and date-stamped digital photographs of their
appearance. A report summarizing the findings of the surveys, including a
section analyzing the effect decanting of the basin(s) has on seep flows,
accompanied by copies of the photographs noted above ("Annual Seep
Report"), shall be submitted to DWR in conjunction with submittal of the
April 30 quarterly report noted in 2(c)(2) above. This Annual Seep Report
must list any seep that has been dispositioned (as described below) during
the previous year, including an analysis of the manner of disposition. For
purposes of this Special Order, "dispositioned" includes the following: (1)
the seep is dry for at least three consecutive quarters; (2) the seep does not
constitute, and does not flow to, waters of the State or Waters of the
United States for three consecutive quarters; (3) the seep is no longer
impacted by flow from any coal ash basin such that concentrations of all
pollutants listed in Attachment B meet State criteria for four consecutive
sampling events with at least seven days separating each event; or(4) the
seep has been otherwise eliminated (e.g., through an engineering solution).
If a seep that has been dispositioned through drying up reappears in any
subsequent survey, such a seep will no longer be deemed dispositioned
and can be subsequently re-dispositioned as specified above.
4) No later than 90 days following the completion of decanting at each
Facility, and in the same manner as in the annual surveys, Duke Energy
shall conduct a comprehensive survey of areas down gradient of ash
basins identifying new seeps, and documenting the physical characteristics
of previously documented seeps. All examinations of seeps must include
identification of seeps by approximate latitude and longitude and date-
stamped digital photographs of their appearance. A report summarizing
the findings of this survey, including a section analyzing the effect
decanting of the basin(s) has had on seep flows, accompanied by copies of
the photographs noted above, shall be submitted to the Director of DWR
("Final Seep Report"). This Final Seep Report must list any seep that has
been dispositioned (as described in subparagraph (3) above) during
decanting process, including an analysis of the manner of disposition. The
determination of whether a seep is dispositioned rests with the Director of
DWR. At, or at any time prior to, submission of the Final Seep Report,
Duke Energy shall seek formal certification from the Director of DWR,
certifying the disposition of any seep that Duke Energy has characterized
as dispositioned. Any seeps not certified as dispositioned by the Director
of DWR shall not be deemed as dispositioned.

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d. Further Corrective Action. Following completion of decanting, if any seeps
(including both constructed and non-constructed seeps) have not been certified by
the Director of DWR as dispositioned (as described in subparagraph c. above),
Duke Energy shall conduct a characterization of those seeps.3 Duke Energy shall
submit a report on the findings of these characterizations ("Seep Characterization
Report") to the Director of DWR within 150 days of completion of decanting at
each Facility (i.e., within 60 days of the submittal of the Final Seep Report). The
Seep Characterization Report must include all sampling data for each remaining
seep as well as Duke Energy's evaluation of the jurisdictional status of all seeps at
the relevant Facility. The determination regarding whether a surface water feature
is a classified water of the State rests with DWR.
Within 60 days of the submittal of the Seep Characterization Report, Duke
Energy shall submit a complete and adequate proposed amendment to the
groundwater Corrective Action Plan and/or Closure Plan as appropriate for the
Facility describing how any seeps identified in the Seep Characterization Report
will be managed in a manner that will be sufficient to protect public health, safety,
and welfare, the environment, and natural resources This proposed amendment
will go to public comment. Duke Energy shall submit documentation that the
proposed modification has been submitted to the appropriate division within the
Department that has authority for approving modification of the groundwater
Corrective Action Plan and/or Closure Plan. The content of, and DEQ's review
of, an amendment to a groundwater Corrective Action Plan shall be consistent
with Title 15A, Chapter 2L of the N.C. Administrative Code (specifically
including 2L.0106(h)-(o)). The amendment to the Corrective Action Plan and/or
Closure Plans shall be implemented by Duke Energy in accordance with the
deadlines contained therein, as approved or conditioned by the Department.
Failure by Duke Energy to implement the amendment will be handled in the
normal course by the Department in accordance with its enforcement procedures
(i.e., outside this Special Order).
3 If any seep is dispositioned between the time that the Final Seep Report is submitted and the
time the Seep Characterization Report is submitted, an analysis of the manner of disposition
must be included in the Seep Characterization Report, and Duke Energy must seek certification
of such a disposition from the Director of DWR. Only if such certification is received prior to
the due date of the proposed amendment described in paragraph 2(d) may such a seep, certified
as dispositioned, be omitted from the proposed amendment.

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For clarity, listed below is a summary of the timetable for the documents due after
completion of decanting (as described in 2(c)(4) and 2(d) above):
Document Due Date
Final Seep Report 90 days after completion of decanting
150 days after completion of
Seep Characterization Report decanting (i.e., 60 days after
submission of Final Seep Report)
Proposed amendment to groundwater 210 days after completion of
Corrective Action Plan and/or Closure decanting (i.e., 60 days after
Plan submission of Seep Characterization
Report)
e. Interim Action Levels.
1) Duke Energy shall perform monitoring of waters receiving flow from non-
constructed seeps in accordance with the schedules listed in Attachments
A and B, except as noted in paragraph 2(c)(1) above.
2) Upon the complete execution of this Special Order, with regard to non-
constructed seeps, interim action levels for the receiving waters (which are
minor tributaries) are hereby established as noted in Attachment A. The
interim action levels are site-specific. Duke Energy shall monitor at
approved sampling sites to ensure interim action levels are met. Interim
action levels shall remain effective in the designated surface waters until
the applicable termination date in paragraph 2(b)(4) is reached.
3) Monitoring associated with seeps covered by this Special Order is exempt
from the electronic reporting requirements associated with NPDES
permits. Results of monitoring required exclusively per the terms of this
Special Order shall be reported to the Director of DWR in a
spreadsheet/worksheet format agreed to by Duke Energy and DWR.
Monitoring data shall be submitted to the Director of DWR in a digital
format no later than 30 days following the end of each calendar quarter for
as long as the Special Order is in effect. Monitoring data shall be sent to
the following email address: [e-mail]. Data from those
sites with monitoring required exclusively per the terms of the Special
Order will be posted on DWR's website to provide the public with the
opportunity for viewing.
3. Duke Energy will continue to operate its coal ash surface impoundments in such a
manner that their performance is optimized, and potential for surface waters to be
affected by seeps is minimized.

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4. Duke Energy shall make available on its external website the NPDES permits, this
Special Order and all reports required under this Special Order for each of the Duke
Energy Facilities no later than thirty(30) days following their effective or submittal
dates.
5. Duke Energy and the Commission agree that the stipulated penalties specified in
paragraph 2(a)(2) are not due if Duke Energy satisfies DWR that noncompliance was
caused solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party,but this defense shall not be
available if the act or omission is that of an employee or agent of Duke Energy or
if the act or omission occurs in connection with a contractual relationship with
Duke Energy;
d. An extraordinary event beyond the Duke Energy's control, specifically including
any court order staying the effectiveness of any necessary permit or approval.
Contractor delays or failure to obtain funding will not be considered as events
beyond Duke Energy's control; or
e. Any combination of the above causes.
6. Failure within thirty(30) days of receipt of written demand by DWR to pay the stipulated
penalties, or challenge them by a contested case petition pursuant to G.S. 150B-23, will
be grounds for a collection action, which the Attorney General is hereby authorized to
initiate. The only issue in such an action will be whether the thirty (30) days has elapsed.
7. Any non-constructed seeps causing or contributing to pollution of waters of the State
associated with the coal ash impoundments at Duke Energy's Allen, Marshall and Rogers
electric generation stations, and listed in Attachment A to this Special Order, are hereby
deemed covered by this Special Order. Any newly-identified non-constructed seeps
discovered during the annual investigations for seeps referenced in paragraph 2(c)(3)
above, or at any other time while this Special Order is in effect, and timely reported to the
Department per the terms of CAMA and this Special Order, shall be deemed covered by
the terms of the Special Order, retroactive to the time of their discovery. Newly-
identified non-constructed seeps must be sampled for the presence of those characteristics
listed in Attachment B to this Order. Newly-identified non-constructed seeps found to be
causing or contributing to pollution of the waters of the State, with the effect of causing a
violation of water quality standards in surface waters not already referenced in the
Special Order, may require modification of the Special Order to address those
circumstances.

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8. Noncompliance with the terms of this Special Order is subject to enforcement action in
addition to the above stipulated penalties, including,but not limited to injunctive relief
pursuant to G.S. 143-215.6C or termination of this Special Order by the Director of DWR
upon ten (10) days' notice to Duke Energy. Noncompliance with the terms of this
Special Order will not be subject to civil penalties in addition to the above stipulated
penalties.
9. This Special Order and any terms or conditions contained herein, hereby supersede any
and all previous Special Orders, Enforcement Compliance Schedule Letters, terms,
conditions, and limits contained therein issued in connection with NPDES permits
NC0004979, NC0004987 and NC0005088.
10. This Special Order may be modified at the Commission's discretion,provided the
Commission is satisfied that Duke Energy has made good faith efforts to secure funding,
complete all construction, and achieve compliance within the dates specified. In
accordance with applicable law, modification of this Special Order will go to public
notice prior to becoming effective.
11. Failure to pay the up-front penalty within thirty (30) days of execution of this Special
Order will terminate this Special Order.
12. In addition to any other applicable requirement, each report required to be submitted by
Duke Energy under this Special Order shall be signed by a plant manager or a corporate
official responsible for environmental management and compliance, and shall include the
following certification:
I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware
that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing
violations.
13. This Special Order shall become effective in accordance with state law, and once
effective, Duke Energy shall comply with all schedule dates, terms, and conditions
herein.

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This Special Order by Consent shall expire no later than June 30, 2022.1Fo ke Energy Carolinas, LLC:
3/ / (l
Paul Draovitch Date
Senior Vice President, Environmental, Health & Safety
For the North Carolina Environmental Management Commission:
J. D. Solomon, P.E.
Chair of the Commission Date

• RECEIVED/DENR/DWR
APR 16 2018
water Resources
NORTH CAROLINA Permitting Section
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTIES OF GASTON, CATAWBA,
AND RUTHERFORD
IN THE MATTER OF )
NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMITS NC0004979,NC0004987 ) EMC SOC WQ S 17-009
&NC0005088 )
)
HELD BY )
DUKE ENERGY CAROLINAS, LLC )
Pursuant to the provisions of North Carolina General Statutes (G.S.) 143-215.2, this Special
Order by Consent is entered into by Duke Energy Carolinas, LLC, hereinafter referred to as
Duke Energy, and the North Carolina Environmental Management Commission, an agency of
the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the
Commission. Duke Energy and the Commission are referred to hereafter collectively as the
"Parties."
1. Stipulations: Duke Energy and the Commission hereby stipulate the following:
a. This Special Order by Consent ("Special Order") addresses issues related to the
elimination of seeps (as defined in subparagraphs e, f, and g below) from Duke
Energy's coal ash basins during the separate and independent process of basin
closure under the Coal Ash Management Act, G.S. 130A-309.200 through 130A-
309.231 ("CAMA") and the Federal Coal Combustion Residuals Rule, 40 CFR
Parts 257 and 261. The Environmental Protection Agency first directed permitting
authorities to consider potential impacts on surface water of seeps from earthen
impoundments in 2010. At that time, Duke Energy began discussions with the
North Carolina Department of Environmental Quality ("the Department")
regarding seeps at multiple Duke Energy facilities, including identifying certain
seeps in pellnit applications and providing data to the Department regarding
seeps. In 2014, Duke Energy provided a comprehensive evaluation of all areas of
wetness and formally applied for NPDES permit coverage of all seeps. Since
2014, Duke Energy has performed periodic inspections and promptly notified the
Department of new seeps and sought NPDES permit coverage where appropriate.
On March 4, 2016, the Department issued Notices of Violation ("NOVs") to Duke
Energy related to seeps.

EMC SOC WQ S 17-009
Duke Energy Carolinas,LLC
p. 2
Decanting (i.e., removal of the free water on the surface of the coal ash basins),
which is required before ash basins can be closed, is expected to substantially
reduce or eliminate the seeps. In order to accomplish this goal of substantially
reducing or eliminating seeps, this Special Order affords certain relief to Duke
Energy related to the non-constructed seeps (as defined in subparagraphs f and g
below), while requiring Duke Energy to accelerate the schedule for decanting as
specified more fully below. Constructed seeps (as defined in subparagraphs e and
f below) will be addressed in the NPDES permits. After completion of decanting,
for any remaining seeps, whether constructed or non-constructed, Duke Energy
must take appropriate corrective action as specified more fully below.
b. Duke Energy has been issued North Carolina NPDES permits for operation of an
existing wastewater treatment works at each of the following coal fired, electric
generation facilities ("Duke Energy Facilities," or in the singular, "Facility"):
Permit Issuance Receiving Water
Facility Number County Date for Primary
Outfall
Allen NC0004979 Gaston 1/18/2011 Catawba River
Marshall NC0004987 Catawba 9/9/2016 Catawba River
Rogers NC0005088 Rutherford 2/20/2012 Broad River
c. The Duke Energy Facilities listed above will continue to operate and generate
coal ash, and each is subject to the provisions of this Special Order.
d. Wastewater treated at coal-fired electric stations includes water mixed with ash
produced through the combustion of coal for the steam generation process. Ash is
controlled and collected through the use of water, creating a slurry that is
conveyed to impoundments or basins with earthen dike walls. In the ash basin,
the solids separate from the liquid portion, with the resulting supernatant
discharged under the terms of the NPDES permit.

EMC SOC WQ S 17-009
Duke Energy Carolinas,LLC
p. 3
e. The coal ash basins at the Duke Energy Facilities are unlined, having no
impermeable barrier installed along their floors or sides. Earthen basins and dike
walls are prone to the movement of liquid through porous features within those
structures through a process known as seepage. Each of the Duke Energy
Facilities covered by this Special Order exhibits locations adjacent to,but beyond
the confines of, the coal ash basins where seepage of coal ash wastewater from
the coal ash basins may intermix with groundwater, reach the land surface (or
"daylight"), and may flow from that area. Once such seepage reaches the land
surface, it is referred to as a"seep." Each of the seeps identified at the Duke
Energy Facilities and addressed in this Special Order exhibit some indication of
the presence of coal ash wastewater. Both (a) confirmed seeps and (b) areas
identified as potential seeps that were later dispositioned, are identified in
Attachment A.
f. Some of Duke Energy's coal ash impoundments contain constructed features on
or within the dam structures (such as toe drains or filter blankets) to collect
seepage. This wastewater is conveyed via a pipe or a constructed channel directly
to a receiving water. These discrete, identifiable, point source discharges are or
will be covered and regulated by the respective NPDES permits and designated as
outfalls therein. The characteristics of these wastewater flows are similar to those
discharging from other permitted outfalls for ash basin effluent. In this Special
Order, seeps that are (1) on or within the dam structures and (2) convey
wastewater via a pipe or constructed channel directly to a receiving water are
referred to as "constructed seeps." Seeps that are not on or within the dam
structures or that do not convey wastewater via a pipe or constructed channel
directly to a receiving stream are referred to as "non-constructed seeps."
g. Non-constructed seeps at the Duke Energy Facilities often exhibit low flow
volume and may be both transient and seasonal in nature, and may, for example,
manifest as an area of wetness that does not flow to surface waters, a point of
origin of a stream feature, or flow to an existing stream feature. These
circumstances of the non-constructed seeps make them difficult to discern,
characterize, quantify and/or monitor as discrete point source discharges. This
creates challenges in permit development and compliance monitoring because it is
difficult to accurately monitor for flow and discharge characterization. Non-
constructed seeps at the Duke Energy Facilities present significant challenges to
their inclusion in NPDES permits as point source discharges, but they do cause or
contribute to pollution of classified waters of the State. Therefore, these non-
constructed seeps are addressed in this Special Order rather than in an NPDES
permit.

EMC SOC WQ S17-009
Duke Energy Carolinas,LLC
p. 4
h. Investigations and observations conducted by the Department and U. S. Army
Corps of Engineers staff have concluded that some seeps emanating from Duke
Energy's coal ash ponds create and/or flow into features delineated as classified
waters of the State or Waters of the United States.
Collectively, the volume of non-constructed seeps is generally low compared to
the volume of permitted wastewater discharges at the Duke Energy Facilities.
�. In 2014, Duke Energy conducted a survey of each coal-fired electric generation
station to identify potential seeps from the coal ash surface impoundments. Duke
Energy included all areas of wetness identified around the impoundments as
seeps, and submitted applications to include those seeps in NPDES permits.
Beginning in 2015, Duke Energy has implemented semi-annual surveys to
identify new seeps in the vicinities of the coal ash basins. Additional seeps have
been observed and documented during these surveys and reported to the
Department pursuant to a Discharge Identification Plan mandated by CAMA.
Additional investigation has determined that not all of areas identified in 2014 are
seeps,but each Duke Energy facility does have multiple seeps.
k. The Department issued NOVs to Duke Energy on March 4, 2016 for the seeps
that emanate from the unlined coal ash surface impoundments at the Duke Energy
Facilities.
1. Non-constructed seeps create conditions such that certain surface water quality
standards may not consistently be met at all Duke Energy monitoring sites.
m. The presence of coal ash influenced water in the non-constructed seeps causes or
contributes to pollution of the waters of this State, and Duke Energy is within the
jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21.
n. A list of seeps identified in the vicinities of the coal ash surface impoundments at
the Allen, Marshall and Rogers plants, as well as their locations, and the bodies of
water those seeps may flow into (if applicable), can be found in Attachment A to
this Special Order.
o. Duke Energy must close the coal ash surface impoundments at all North Carolina
coal-fired electric generating stations in accordance with applicable requirements
set out in CAMA and the Federal Coal Combustion Residuals Rule, requirements
of which are independent of the resolution of seeps addressed in this Special
Order.
P. Decanting of wastewater performed at Duke Energy's coal ash basins is expected
to eliminate or substantially reduce the seeps from the ash basins at the Duke
Energy Facilities.

EMC SOC WQ S17-009
Duke Energy Carolinas, LLC
P 5
q. Since this Special Order is by consent, the Parties acknowledge that review of the
same is not available to the Parties in the N.C. Office of Administrative Hearings.
Furthermore, neither party shall file a petition for judicial review concerning the
terms of this Special Order.
2. Duke Energy, desiring to resolve the matters causing or contributing to pollution of the
waters of the State described above, hereby agrees to do the following:
a. Penalties
1) Upfront Penalty. As settlement of all alleged violations due to seepage at
these Duke Energy Facilities, pay the Department, by check payable to the
North Carolina Department of Environmental Quality, a penalty in the
amount of$156,000, calculated based upon$12,000 each for five
constructed seeps identified prior to January 1, 2015 and $6,000 each for
sixteen non-constructed seeps identified prior to January 1, 2015.
A certified check in the amount of$156,000.00 must be made payable to
the Department of Environmental Quality and sent to the Director of the
Division of Water Resources (DWR) at 1617 Mail Service Center,
Raleigh, North Carolina 27699-1617 by no later than thirty(30) days
following the date on which this Special Order is approved and executed
by the Commission, and received by Duke Energy.
No penalty shall be assessed for seeps identified after December 31, 2014,
given Duke Energy's inclusion of seeps in permit applications and
compliance with the Discharge Identification Plan required under CAMA.
By entering into this Special Order, Duke Energy makes no admission of
liability, violation or wrongdoing. Except as otherwise provided herein,1
payment of the upfront penalty does not absolve Duke Energy of its
responsibility for the occurrence or impacts of any unauthorized
discharges in the area of the Duke Energy Facilities that may be
discovered in the future, nor does the payment preclude DWR from taking
enforcement action for additional violations of the State's environmental
laws.
2) Stipulated Penalties. Duke Energy agrees that unless excused under
paragraph 5, Duke Energy will pay the Department,by check payable to
the North Carolina Department of Environmental Quality, stipulated
penalties according to the following schedule for failure to perform
activities described in paragraphs 2(b, c, and d), or for failure to comply
with interim action levels listed in Attachment A.
1 See especially paragraph 2(a)(2) excepting newly identified seeps from future penalties under
certain conditions.

EMC SOC WQ S17-009
Duke Energy Carolinas,LLC
p. 6
Failure to meet a deadline in the Compliance $1,000.00/day for the first seven
Schedule in 2(b) of this Special Order days; $2,000.00/day thereafter
Failure to meet any other deadline in this $1,000.00/day for the first seven
Special Order days; $2,000.00/day thereafter
Exceedance of an interim action level listed in $4,500.00 per monitored exceedance
Attachment A
Monitoring frequency violations $1,000.00 per violation
Failure to submit, within 210 days of the
completion of decanting at each Facility,
adequate amendments to groundwater
Corrective Action Plans or Closure Plans to $5,000.00 per day, to a maximum of
address all remaining seeps, whether $1,000,000.00 per electric generating
constructed or non-constructed, through facility.
corrective action as applicable under
paragraph 2(d) of this Special Order.2
As long as Duke Energy remains in compliance with the terms of this Special Order, as
well as CAMA and conditions of any approvals issued thereunder, the Department shall
not assess civil penalties for newly identified seeps.
b. Compliance Schedule. Duke Energy shall undertake the following activities in
accordance with the indicated time schedule. No later than fourteen (14) calendar
days after any date identified for accomplishment of any activity, Duke Energy
shall submit to the Director of DWR written notice of compliance or
noncompliance therewith. In the case of compliance, the notice shall include the
date compliance was achieved along with supporting documentation if applicable.
In the case of noncompliance, the notice shall include a statement of the reason(s)
for noncompliance, remedial action(s) taken, and a statement identifying the
extent to which subsequent dates or times for accomplishment of listed activities
may be affected.
Duke Energy shall accelerate compliance with the requirements of G.S. 130A-
309.210(d) and (f) such that all projects necessary to eliminate discharges of
stormwater into the surface impoundments at the Duke Energy Facilities and to
convert to dry bottom ash handling shall be complete prior to the deadline for
initiating decanting set out below.
2 Failure to adequately implement any amended Corrective Action Plan or Closure Plan will be
handled in the normal course.

EMC SOC WQ S17-009
Duke Energy Carolinas,LLC
p. 7
1) Complete dry ash handling projects in accordance with the following
schedule
Facility Fly Ash Bottom Ash
Allen Complete 3/31/2019
Marshall Complete 1/31/2019
Rogers 3/31/2018 8/31/2018
2) Initiation of Decanting
Allen 6/30/2019
Marshall 9/30/2019
Rogers 3/31/2019
3) Completion of Decanting
Allen 6/30/2020
Marshall 3/31/2021
Rogers 3/31/2020
This schedule is premised upon timely issuance of necessary permits or approvals,
and no requirement imposed by DWR to implement physical/chemical treatment
during decanting except as required by an NPDES permit. Should any of these
assumptions prove to be incorrect, the Parties shall renegotiate these deadlines,
provided that the final expiration date of this Special Order will not be affected by
such renegotiation.
4) Termination of Special Order
This Special Order shall terminate on a facility-by-facility basis on the
later of the following dates:
• 180 days following completion of decanting; or
• 30 days following the approval of an amended groundwater
Corrective Action Plan and/or Closure Plan as appropriate (if an
amendment is submitted in compliance with subparagraph d.
below).

EMC SOC WQ S 17-009
Duke Energy Carolinas,LLC
p. 8
c. Additional Compliance Measures. Duke Energy shall undertake the following
additional compliance measures:
1) If the monitoring of any classified water of the State receiving flow from
seeps regulated by this Special Order indicates exceedance of any interim
action level established by the Special Order, Duke Energy shall increase
monitoring at that location from quarterly to monthly until concentrations
of monitored characteristics return to those observed at the initiation of the
Special Order. If any interim action level established by the Special Order
is exceeded by more than 20% in a single sampling event, or exceeded for
two (2) consecutive monitoring events, in addition to paying the
associated stipulated penalty, Duke Energy shall conduct a re-assessment
of the contributing seep(s), including,but not limited to, evaluation of
proposed remedial actions for treatment and/or control of the seep such
that impacts to the receiving waters are quickly mitigated. A report
compiling the findings of the re-assessment, including proposed remedial
actions, shall be provided to the Director of DWR within 60 days of any
applicable exceedance. Following its review, DWR shall notify Duke
Energy of its concurrence or disapproval of Duke Energy's proposed
remedial actions.
2) Once the decanting process is initiated, within thirty (30) days after the
end of each quarter, Duke Energy shall provide reports on the status of
decanting work and other activities undertaken with respect to closure of
each coal ash surface impoundment to DWR. The quarterly reports are
due by April 30, July 30, October 30 and January 30 while this Special
Order is in effect. The reports are to be submitted as follows: one copy
must be mailed to the appropriate Regional Office Supervisor for each
facility and one copy must be mailed to the Water Quality Permitting
Program, Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC 27699-1617.

EMC SOC WQ S 17-009
Duke Energy Carolinas,LLC
p9
3) Duke Energy shall conduct annual comprehensive surveys of areas down
gradient of ash basins identifying new seeps, and documenting the
physical characteristics of previously documented seeps. All
examinations of seeps must include identification of seeps by approximate
latitude and longitude and date-stamped digital photographs of their
appearance. A report summarizing the findings of the surveys, including a
section analyzing the effect decanting of the basin(s) has on seep flows,
accompanied by copies of the photographs noted above ("Annual Seep
Report"), shall be submitted to DWR in conjunction with submittal of the
April 30 quarterly report noted in 2(c)(2) above. This Annual Seep Report
must list any seep that has been dispositioned (as described below) during
the previous year, including an analysis of the manner of disposition. For
purposes of this Special Order, "dispositioned" includes the following: (1)
the seep is dry for at least three consecutive quarters; (2) the seep does not
constitute, and does not flow to, waters of the State or Waters of the
United States for three consecutive quarters; (3) the seep is no longer
impacted by flow from any coal ash basin such that concentrations of all
pollutants listed in Attachment B meet State criteria for four consecutive
sampling events with at least seven days separating each event; or(4) the
seep has been otherwise eliminated (e.g., through an engineering solution).
If a seep that has been dispositioned through drying up reappears in any
subsequent survey, such a seep will no longer be deemed dispositioned
and can be subsequently re-dispositioned as specified above.
4) No later than 90 days following the completion of decanting at each
Facility, and in the same manner as in the annual surveys, Duke Energy
shall conduct a comprehensive survey of areas down gradient of ash
basins identifying new seeps, and documenting the physical characteristics
of previously documented seeps. All examinations of seeps must include
identification of seeps by approximate latitude and longitude and date-
stamped digital photographs of their appearance. A report summarizing
the findings of this survey, including a section analyzing the effect
decanting of the basin(s) has had on seep flows, accompanied by copies of
the photographs noted above, shall be submitted to the Director of DWR
("Final Seep Report"). This Final Seep Report must list any seep that has
been dispositioned (as described in subparagraph (3) above) during
decanting process, including an analysis of the manner of disposition. The
determination of whether a seep is dispositioned rests with the Director of
DWR. At, or at any time prior to, submission of the Final Seep Report,
Duke Energy shall seek formal certification from the Director of DWR,
certifying the disposition of any seep that Duke Energy has characterized
as dispositioned. Any seeps not certified as dispositioned by the Director
of DWR shall not be deemed as dispositioned.

EMC SOC WQ S17-009
Duke Energy Carolinas,LLC
p 10
d. Further Corrective Action. Following completion of decanting, if any seeps
(including both constructed and non-constructed seeps) have not been certified by
the Director of DWR as dispositioned (as described in subparagraph c. above),
Duke Energy shall conduct a characterization of those seeps.3 Duke Energy shall
submit a report on the findings of these characterizations ("Seep Characterization
Report") to the Director of DWR within 150 days of completion of decanting at
each Facility (i.e., within 60 days of the submittal of the Final Seep Report). The
Seep Characterization Report must include all sampling data for each remaining
seep as well as Duke Energy's evaluation of the jurisdictional status of all seeps at
the relevant Facility. The determination regarding whether a surface water feature
is a classified water of the State rests with DWR.
Within 60 days of the submittal of the Seep Characterization Report, Duke
Energy shall submit a complete and adequate proposed amendment to the
groundwater Corrective Action Plan and/or Closure Plan as appropriate for the
Facility describing how any seeps identified in the Seep Characterization Report
will be managed in a manner that will be sufficient to protect public health, safety,
and welfare, the environment, and natural resources. This proposed amendment
will go to public comment. Duke Energy shall submit documentation that the
proposed modification has been submitted to the appropriate division within the
Department that has authority for approving modification of the groundwater
Corrective Action Plan and/or Closure Plan. The content of, and DEQ's review
of, an amendment to a groundwater Corrective Action Plan shall be consistent
with Title 15A, Chapter 2L of the N.C. Administrative Code (specifically
including 2L 0106(h)-(o)). The amendment to the Corrective Action Plan and/or
Closure Plans shall be implemented by Duke Energy in accordance with the
deadlines contained therein, as approved or conditioned by the Department.
Failure by Duke Energy to implement the amendment will be handled in the
normal course by the Department in accordance with its enforcement procedures
(i.e., outside this Special Order).
3 If any seep is dispositioned between the time that the Final Seep Report is submitted and the
time the Seep Characterization Report is submitted, an analysis of the manner of disposition
must be included in the Seep Characterization Report, and Duke Energy must seek certification
of such a disposition from the Director of DWR. Only if such certification is received prior to
the due date of the proposed amendment described in paragraph 2(d) may such a seep, certified
as dispositioned, be omitted from the proposed amendment.

EMC SOC WQ S 17-009
Duke Energy Carolinas,LLC
p 11
For clarity, listed below is a summary of the timetable for the documents due after
completion of decanting (as described in 2(c)(4) and 2(d) above):
Document Due Date
Final Seep Report 90 days after completion of decanting
150 days after completion of
Seep Characterization Report decanting (i.e., 60 days after
submission of Final Seep Report)
Proposed amendment to groundwater 210 days after completion of
Corrective Action Plan and/or Closure decanting (i.e., 60 days after
Plan submission of Seep Characterization
Report)
e. Interim Action Levels.
1) Duke Energy shall perform monitoring of waters receiving flow from non-
constructed seeps in accordance with the schedules listed in Attachments
A and B, except as noted in paragraph 2(c)(1) above.
2) Upon the complete execution of this Special Order, with regard to non-
constructed seeps, interim action levels for the receiving waters (which are
minor tributaries) are hereby established as noted in Attachment A. The
interim action levels are site-specific. Duke Energy shall monitor at
approved sampling sites to ensure interim action levels are met. Interim
action levels shall remain effective in the designated surface waters until
the applicable termination date in paragraph 2(b)(4) is reached.
3) Monitoring associated with seeps covered by this Special Order is exempt
from the electronic reporting requirements associated with NPDES
permits. Results of monitoring required exclusively per the terms of this
Special Order shall be reported to the Director of DWR in a
spreadsheet/worksheet format agreed to by Duke Energy and DWR.
Monitoring data shall be submitted to the Director of DWR in a digital
format no later than 30 days following the end of each calendar quarter for
as long as the Special Order is in effect. Monitoring data shall be sent to
the following email address: [e-mail]. Data from those
sites with monitoring required exclusively per the terms of the Special
Order will be posted on DWR's website to provide the public with the
opportunity for viewing.
3. Duke Energy will continue to operate its coal ash surface impoundments in such a
manner that their performance is optimized, and potential for surface waters to be
affected by seeps is minimized.

EMC SOC WQ S 17-009
Duke Energy Carolinas,LLC
p 12
4. Duke Energy shall make available on its external website the NPDES permits, this
Special Order and all reports required under this Special Order for each of the Duke
Energy Facilities no later than thirty (30) days following their effective or submittal
dates.
5. Duke Energy and the Commission agree that the stipulated penalties specified in
paragraph 2(a)(2) are not due if Duke Energy satisfies DWR that noncompliance was
caused solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of Duke Energy or
if the act or omission occurs in connection with a contractual relationship with
Duke Energy;
d. An extraordinary event beyond the Duke Energy's control, specifically including
any court order staying the effectiveness of any necessary permit or approval.
Contractor delays or failure to obtain funding will not be considered as events
beyond Duke Energy's control; or
e. Any combination of the above causes.
6. Failure within thirty (30) days of receipt of written demand by DWR to pay the stipulated
penalties, or challenge them by a contested case petition pursuant to G.S. 150B-23, will
be grounds for a collection action, which the Attorney General is hereby authorized to
initiate. The only issue in such an action will be whether the thirty (30) days has elapsed.
7. Any non-constructed seeps causing or contributing to pollution of waters of the State
associated with the coal ash impoundments at Duke Energy's Allen, Marshall and Rogers
electric generation stations, and listed in Attachment A to this Special Order, are hereby
deemed covered by this Special Order. Any newly-identified non-constructed seeps
discovered during the annual investigations for seeps referenced in paragraph 2(c)(3)
above, or at any other time while this Special Order is in effect, and timely reported to the
Department per the terms of CAMA and this Special Order, shall be deemed covered by
the terms of the Special Order, retroactive to the time of their discovery. Newly-
identified non-constructed seeps must be sampled for the presence of those characteristics
listed in Attachment B to this Order. Newly-identified non-constructed seeps found to be
causing or contributing to pollution of the waters of the State, with the effect of causing a
violation of water quality standards in surface waters not already referenced in the
Special Order, may require modification of the Special Order to address those
circumstances.

EMC SOC WQ S 17-009
Duke Energy Carolinas,LLC
p. 13
8. Noncompliance with the terms of this Special Order is subject to enforcement action in
addition to the above stipulated penalties, including,but not limited to injunctive relief
pursuant to G.S. 143-215.6C or termination of this Special Order by the Director of DWR
upon ten (10) days' notice to Duke Energy. Noncompliance with the terms of this
Special Order will not be subject to civil penalties in addition to the above stipulated
penalties.
9. This Special Order and any terms or conditions contained herein, hereby supersede any
and all previous Special Orders, Enforcement Compliance Schedule Letters, terms,
conditions, and limits contained therein issued in connection with NPDES permits
NC0004979, NC0004987 and NC0005088.
10. This Special Order may be modified at the Commission's discretion, provided the
Commission is satisfied that Duke Energy has made good faith efforts to secure funding,
complete all construction, and achieve compliance within the dates specified. In
accordance with applicable law, modification of this Special Order will go to public
notice prior to becoming effective.
11. Failure to pay the up-front penalty within thirty (30) days of execution of this Special
Order will terminate this Special Order.
12. In addition to any other applicable requirement, each report required to be submitted by
Duke Energy under this Special Order shall be signed by a plant manager or a corporate
official responsible for environmental management and compliance, and shall include the
following certification:
I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete I am aware
that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing
violations.
13. This Special Order shall become effective in accordance with state law, and once
effective, Duke Energy shall comply with all schedule dates, terms, and conditions
herein.

' EMC SOC WQ S 17-009
Duke Energy Carolinas,LLC
p. 14
This Special Order by Consent shall expire no later than June 30, 2022.
Fo ke Energy Carolinas, LLC:
1
3/0161./ i57
Paul Draovitch Date
Senior Vice President, Environmental, Health & Safety
For the North Carolina Environmental Management Commission:
J. D. Solomon, P.E.
Chair of the Commission Date