NC0003417_Special Order By Consent_20190108

RECEIVEDIDENR/DWR
JAN082019
NORTH CAROLINA Water Resources
ENVIRONMENTAL MANAGEMENT COMMISSION Permitting Section
COUNTY OF WAYNE
IN THE MATTER OF )
NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMIT NC0003417 )
) EMC SOC WQ S 18-006
HELD BY )
DUKE ENERGY PROGRESS, 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 Progress, 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 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.

EMC SOC WQ S18-006
Duke Energy Progress,LLC
p. 2
Both decanting and dewatering of the H. F. Lee Facility's coal ash basins will be
required before the ash basins can be closed. Decanting(i.e., removal of the free
water on the surface of the coal ash basin), has already been observed to affect
existing seeps at Duke Energy's H. F. Lee Facility. Removal of remaining coal
ash wastewater through continued decanting and dewatering(i.e. removal of
sufficient interstitial water) 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 subparagraph g below),while Duke Energy
completes activities associated with closure of the ash basins at the H. F. Lee
Facility. After completion of those activities, for any remaining seeps, Duke
Energy must take appropriate corrective action as specified more fully below.
b. Duke Energy has been issued a North Carolina NPDES permit for operation of an
existing wastewater treatment works at the following electric generation facility
(the "H. F. Lee Facility"):
Permit Issuance Receiving Water
Facility Number CountyDate for Primary
Outfall
H. F. Lee NC0003417 Wayne 07/23/2010 Neuse River
c. The H. F. Lee Facility listed above has ceased coal fired generation and now
consists of a 3 x 1 combined cycle unit capable of being fired on natural gas or
oil, and five simple cycle combustion turbines. The facility's coal ash basins still
exist, and are subject to the provisions of this Special Order.
d. The H. F. Lee Facility also has a permitted wastewater cooling pond that was used
during coal-fired operations, and continues to be used for the combined cycle
plant. Several areas of minor seep flow from the cooling pond to the Neuse River
have been observed. Chemical testing of the cooling pond seeps has revealed
some contain minor concentrations of coal combustion residuals (CCR). The
cooling pond seeps listed in Attachment A are also addressed by this Special
Order.
e. 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 S18-006
Duke Energy Progress,LLC
p. 3
f. The coal ash basins and the cooling pond at the H. F. Lee Facility 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. The H. F. Lee
Facility exhibits locations adjacent to,but beyond the confines of, the coal ash
basins and the cooling pond where seepage of wastewater from those 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 H. F. Lee Facility 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.
g. Seeps that are not on or within the dam structure or that do not convey wastewater
via a pipe or constructed channel directly to a receiving stream are referred to as
"non-constructed seeps." Non-constructed seeps at the H. F. Lee Facility 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 H. F. Lee Facility 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.
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.

EMC SOC WQ S18-006
Duke Energy Progress,LLC
p. 4
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 H. F. Lee Facility, 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.
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.

EMC SOC WQ S18-006
Duke Energy Progress,LLC
p. 5
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$72,000, calculated based upon$6,000 each for twelve non-
constructed seeps identified prior to January 1, 2015.
A certified check in the amount of$72,000.00 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.
I See especially paragraph 2(a)(2) excepting newly identified seeps from future penalties under
certain conditions.

EMC SOC WQ S18-006
Duke Energy Progress,LLC
p. 6
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 and c), or for failure to comply with
interim action levels listed in Attachment A.
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,by the deadline set forth
herein, adequate amendments to groundwater
Corrective Action Plans or Closure Plans to $5,000.00 per day, to a maximum of
address all remaining seeps,through $1,000,000.00.
corrective action as applicable under
paragraph 2(b)(7)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.
2 Failure to adequately implement any amended Corrective Action Plan or Closure Plan will be
handled in the normal course.

EMC SOC WQ S18-006
Duke Energy Progress,LLC
p. 7
Duke Energy is required to comply with the requirements of G.S. § 130A-
309.216. Duke Energy has announced plans to construct an ash beneficiation
plant at the H. F. Lee Facility capable of processing 300,000 tons of CCR material
per year.
1) The Coal Ash Management Act(G.S. § 130A-309.210)required the
cessation of CCR wastewater placement into the basins at the H. F. Lee
Facility by October 1, 2014. Duke Energy commenced decanting in April
2016. Decanting will be completed by March 31, 2019.
2) Dewatering will be required in order to excavate the ash for the purpose of
beneficiation. Duke Energy will begin the process of removal of
interstitial water from the H. F. Lee Facility no later than July 31, 2019
and will continue as needed to support the beneficiation plant described
above.
3) Once the dewatering process is initiated,within (30)days after the end of
each quarter, Duke Energy shall provide reports on the status of
dewatering work and other activities undertaken with respect to
excavation of each coal ash surface impoundment to DWR. The quarterly
reports are due by April 30, July 30, October 30, and January 30. The
reports are to be submitted as follows: one copy must be mailed to DWR's
Washington Regional Office Supervisor, 943 Washington Square Mall,
Washington,NC 27889, and one copy must be mailed to the Water
Quality Permitting Program, Division of Water Resources, 1617 Mail
Service Center, Raleigh NC 27699-1617. The quarterly reporting
requirement shall remain in force until completion of two years of
beneficiation operations.

EMC SOC WQ S18-006
Duke Energy Progress,LLC
p. 8
4) Duke Energy shall conduct annual comprehensive surveys of areas down
gradient of the ash basins,the Lay of Land Area(LOLA) and the cooling
pond, 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(b)(3) 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 as determined by the Director of DWR in accord
with applicable law and best professional judgment; 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.
5) No later than October 31, 2021 Duke Energy shall conduct a
comprehensive survey of areas down gradient of ash basins at the H. F.
Lee Facility, 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(4) 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 S18-006
Duke Energy Progress,LLC
p. 9
6) If any seeps have not been certified by the Director of DWR as
dispositioned(as described in subparagraph 4) 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 no later than December 31, 2021 (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 H. F. Lee Facility. The determination regarding whether a
surface water feature is a classified water of the State rests with DWR.
7) 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 byDuke Energyin accordance with the deadlines contained
P
therein, as approved or conditioned by the Department. Failure by Duke
Energy to implement the amendment will be handled in the normal course
bythe Department in accordance with its enforcementprocedures (i.e.,
p
outside this Special Order). Notwithstanding the foregoing provisions of
this paragraph, any cooling pond seeps contained in the Seep
Characterization Report shall be addressed in a separate report(rather than
a proposed amendment to the groundwater Corrective Action Plan and/or
Closure Plan), specific to the matters of those seeps, and describe how
remaining cooling pond seeps will be managed in a manner that will be
sufficient to protect public health, safety, and welfare,the environment,
and natural resources. The report shall be submitted to DWR's Complex
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(b)(7)may such a seep,
certified as dispositioned,be omitted from the proposed amendment.

EMC SOC WQ S18-006
Duke Energy Progress,LLC
p. 10
Permitting Unit within 60 days of the submittal of the Seep
Characterization Report ("Cooling Pond Seep Report").
For clarity, listed below is a summary of the timetable for the documents due after
completion of steps above:
Document Due Date
Final Seep Report October 31,2021
Seep Characterization Report December 31, 2021
Proposed amendment to groundwater
Corrective Action Plan and/or Closure February 28, 2022
Plan, and/or Cooling Pond Seep
Report
8) Termination of Special Order
This Special Order shall terminate on the later of the following dates:
• January 31, 2022; 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 2(b)(7)
above).
c. Interim Action Levels.
I) 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)(8) is reached.
2) 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)(3)below.

EMC SOC WQ S18-006
Duke Energy Progress,LLC
p. 11
3) 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.
4) 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 the H. F. Lee Facility's 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.
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 the H. F. Lee Facility
no later than thirty(30) days following their effective or submittal dates.

EMC SOC WQ S18-006
Duke Energy Progress,LLC
p. 12
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 and the cooling pond at Duke Energy's H. F.
Lee Facility, and listed in Attachment A to this Special Order, are hereby deemed
covered by this Special Order. Any newly-identified non-constructed seeps discovered
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.
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.

EMC SOC WQ S18-006
Duke Energy Progress,LLC
p. 13
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 permit
NC0003417.
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 mydirection or supervision in accordance with
P P
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 S18-006
Duke Energy Progress,LLC
p. 14
This Special Order by Consent shall expire no later than February 28, 2023.
F uke Ene Progress, LLC:
t ( 2 /L4
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
I

Attachment A
S18-006
Duke Energy Progress, LLC—H. F. Lee Energy Complex, p.1
Approximate Receiving
Seep ID Location Coordinates Description Receiving Waterbody SOC Monitoring Interim Action
Number Waterbody Levels
Latitude Longitude Classification
Seep from the land area north of the cooling Instream
pond, between the cooling pond and the N/A—2B Standards
LOLA S-01 35.379568 -78.075043 Neuse River. Not a seep emanating from the Neuse River WS-IV;NSW monitoring of the Apply
active ash basin. Neuse River
Seep from the land area north of the cooling
Instream
pond,between the cooling pond and the N/A—2B Standards
LOLA S-01A 35.379648 -78.074632 Neuse River. Not a seep emanating from the Neuse River WS-IV;NSW monitoring of the Apply
active ash basin. Neuse River
Seep from the land area north of the cooling
Instream
pond, between the cooling pond and the N/A—2B Standards
LOLA S-01B 35.380846 -78.077697 Neuse River. Not a seep emanating from the Neuse River WS-IV;NSW monitoring of the Apply
active ash basin. Neuse River
Low volume seep to small channel north of Ditch system
draining areas
S-01 35.386858 -78.073453 active ash basin at the toe of the dike. Flows north and WS-IV;NSW Monitoring at See S-03A
west,then south,toward confluence with west of active location S-03A
Neuse River at sampling site S-03A. ash basin
Low volume seep to small channel north of Ditch system
draining areas
S-02 35.384001 -78.081383 active ash basin at the toe of the dike. Flows north and WS-IV; NSW Monitoring at See S-03A
west,then south,toward confluence with west of active location S-03A
Neuse River at sampling site S-03A. ash basin
*Location previously investigated as a seep. Monitoring has not indicated the presence of coal combustion residuals.
**Seep dispositioned via repair and/or non-flowing condition to potentially reach WOTUS,or other,as noted.
Monitoring shall be conducted at the approximate locations indicated on the attached site map.
All monitoring shall be conducted per the requirements found in Attachment B of this Order.

Attachment A
S 18-006
Duke Energy Progress, LLC— H. F. Lee Energy Complex, p.2
Approximate Receiving
Seep ID Location Coordinates Description Receiving Waterbody SOC Monitoring Interim Action Levels
Number Waterbody
Latitude Longitude Classification
Ditch system
Channel on west side of active ash basin. Directs draining areas
S-03** 35.382666 -78.084374 flow from ditch on north side of active ash basin north and WS-IV; NSW Monitoring at See S-03A
south toward Neuse River. Not a seep. west of active location S-03A
ash basin
Ditch system
Monitoring at
Site just before confluence of S-03 channel draining areas Arsenic 400 µg/L
S-03A** 35.381806 -78.084052 conveying flow from upstream sites and the north and WS-IV; NSW location S 03A Hardness 500 mg/L
Neuse River. Not a seep. west of active prior to entering TDS 800 mg/L
ash basin Neuse River
Instream
S-04 35.381993 -78.078784 Stagnant, ponded water inland from river terrace Neuse River WS-IV; NSW monitoring of N/A—2B Standards
below southwest side of active ash basin. Apply
the Neuse River
Static AOW near riprap area on the south side of
the southeast corner of active ash basin. N/A—Seep N/A—Seep
S 05** 35.379045 -78.070293 Location has been repaired. No flow observed in Neuse River WS-IV; NSW Dispositioned Dispositioned
recent observations.
Low volume seep to small channel on east side of Ditch system
active ash basin at the toe of the dike. Flows draining areas Monitoring at
S-06 35.386968 -78.071942 See S-09
south,toward confluence with Neuse River at north and east WS-IV; NSW location S-09
sampling site S-09. of active ash
basin
Low volume seep to small channel on east side of Ditch system
active ash basin at the toe of the dike. Flows draining areas Monitoring at
S-07 35.382767 -78.069655 south,toward confluence with Neuse River at north and east WS-IV; NSW location S-09
See S-09
sampling site S-09. of active ash
basin
*Location previously investigated as a seep. Monitoring has not indicated the presence of coal combustion residuals.
**Seep dispositioned via repair and/or non-flowing condition to potentially reach WOTUS,or other,as noted.
Monitoring shall be conducted at the approximate locations indicated on the attached site map.
All monitoring shall be conducted per the requirements found in Attachment B of this Order.

Attachment A
S18-006
Duke Energy Progress, LLC— H. F. Lee Energy Complex, p.3
Approximate
Seep ID Location Coordinates Receiving Receiving
Number Description Waterbody Waterbody SOC Monitoring Interim Action Levels
Latitude Longitude Classification
Static AOW near riprap area on the east side of Ditch system
the southeast corner of active ash basin.Any draining areas Monitoring at
S-08 35.38051 -78.068532 flow collects in channel and flows south toward north and east WS-IV; NSW location S-09 See S 09
S-09. No flow observed in recent observations. of active ash
basin
Monitoring location just before confluence of Ditch system Monitoring at
draining areas Arsenic 400 µg/L
channel on east side of active ash basin location S-09
S-09** 35.379492 -78.067718 conveying flow from upstream sites and the north and east WS-IV; NSW prior to entering Hardness 500 mg/L
of active ash TDS 800 mg/L
Neuse River. Not a seep. Neuse River
basin
Instream
Stagnant, ponded water inland from river terrace N/A—2B Standards
S-18 35.379222 -78.101206 below east side of inactive ash basin. Neuse River WS-IV; NSW monitoring of the Apply
Neuse River
Stagnant, ponded water inland from river terrace
S-19* 35.38179 -78.097649 below northeast side of inactive ash basin. From Neuse River WS-IV; NSW N/A—Seep N/A—Seep
sampling—No CCR impacts. Dispositioned Dispositioned
Seep near well CMW-10, along the south side of
S-20** 35.382406 -78.082051 active ash basin. Location has been repaired to Neuse River WS-IV; NSW N/A—Seep N/A—Seep
eliminate seep. Dispositioned Dispositioned
** Stagnant seep along south side of active ash N/A—Seep N/A—Seep
S-21 35.382151 -78.080376 basin.Any flow reinfiltrates prior to reaching Neuse River WS-IV; NSW Dispositioned Dispositioned
surface water.
Seep along south side of active ash basin. Flows Instream N/A—2B Standards
S-22 35.381466 -78.077819 toward Neuse River. Neuse River WS-IV; NSW monitoring of the Apply
Neuse River
Seep along south side of active ash basin. Flows Instream N/A—2B Standards
S-23 35.381175 -78.077136 toward Neuse River. Neuse River WS-IV; NSW monitoring of the Apply
Neuse River
*Location previously investigated as a seep. Monitoring has not indicated the presence of coal combustion residuals.
**Seep dispositioned via repair and/or non-flowing condition to potentially reach WOTUS,or other,as noted.
Monitoring shall be conducted at the approximate locations indicated on the attached site map.
All monitoring shall be conducted per the requirements found in Attachment B of this Order.

Attachment A
S18-006
Duke Energy Progress, LLC— H. F. Lee Energy Complex, p.4
Approximate Receiving
Seep ID Location Coordinates Description Receiving Waterbody SOC Monitoring Interim Action Levels
Number Waterbody
Latitude Longitude Classification
Instream
S-24 35.381063 -78.076431 Seep along south side of active ash basin. Flows Neuse River WS-IV; NSW monitoring of the N/A—2B Standards
toward Neuse River. Apply
Neuse River
Seep along south side of active ash basin. Flows Instream N/A—2B Standards
S-25 35.380922 -78.076001 toward Neuse River. Neuse River WS-IV; NSW monitoring of the Apply
Neuse River
Seep within a small drainage channel for ponded Instream
S-26 35.38164 -78.078322 water within the river bank below south side of Neuse River WS-IV; NSW monitoring of the N/A—2B Standards
active ash basin. Flows toward Neuse River. Neuse River Apply
Low volume seep to small channel north of Ditch system
draining areas
S-27 35.385848 -78.075999 active ash basin at the toe of the dike. Flows north and WS-IV; NSW Monitoring at See S-03A
west,then south,toward confluence with Neuse location S-03A
River at sampling site S-03A. west of active
ash basin
Low volume seep to small channel north of Ditch system
draining areas
S-28 35.385133 -78.078197 active ash basin at the toe of the dike. Flows north and WS-IV; NSW Monitoring at See S-03A
west,then south,toward confluence with Neuse west of active location S-03A
River at sampling site S-03A.
ash basin
Seep to Halfmile Branch on southwest side of Halfmile Instream See Halfmile Branch
S-29 35.37862 -78.10593 retired ash basin#2. Branch WS-IV; NSW monitoring of Instream Monitoring
Halfmile Branch (p.8)
*Location previously investigated as a seep. Monitoring has not indicated the presence of coal combustion residuals.
**Seep dispositioned via repair and/or non-flowing condition to potentially reach WOTUS,or other,as noted.
Monitoring shall be conducted at the approximate locations indicated on the attached site map.
All monitoring shall be conducted per the requirements found in Attachment B of this Order.

Attachment A
518-006
Duke Energy Progress, LLC—H. F. Lee Energy Complex, p.5
Approximate Receiving
Seep ID Location Coordinates Description Receiving Waterbody SOC Monitoring Interim Action Levels
Number Waterbody
Latitude Longitude Classification
Seep from the berm surrounding the cooling Instream N/A—26 Standards
CPS-01 35.37924 -78.07377 pond. Not a seep emanating from the active ash Neuse River WS-IV; NSW monitoring of the
basin. Neuse River Apply
Seep from the berm surrounding the cooling Instream
CPS-02 35.37901 -78.07298 pond. Not a seep emanating from the active ash Neuse River WS-IV; NSW monitoring of the N/A—2B Standards
basin. Neuse River Apply
Seep from the berm surrounding the cooling Instream
CPS-03 35.37895 -78.06270 pond. Not a seep emanating from the active ash Neuse River WS-IV;NSW monitoring of the N/A—26 Standards
basin. Neuse River Apply
Seep from the berm surrounding the cooling Instream
CPS-04 35.37902 -78.06707 pond. Not a seep emanating from the active ash Neuse River WS-IV; NSW monitoring of the N/A—2B Standards
basin. Neuse River Apply
Seep from the berm surrounding the cooling Instream N/A—2B Standards
CPS-05 35.37998 -78.06574 pond. Not a seep emanating from the active ash Neuse River WS-IV; NSW monitoring of the
basin. Neuse River Apply
Seep from the berm surrounding the cooling Instream N/A—26 Standards
CPS-06 35.37179 -78.06642 pond. Not a seep emanating from the active ash Neuse River WS-IV; NSW monitoring of the
basin. Neuse River Apply
Seep from the berm surrounding the cooling Instream N/A—26 Standards
CPS-07 35.37177 -78.06661 pond. Not a seep emanating from the active ash Neuse River WS-IV; NSW monitoring of the
basin. Neuse River Apply
*Location previously investigated as a seep. Monitoring has not indicated the presence of coal combustion residuals.
**Seep dispositioned via repair and/or non-flowing condition to potentially reach WOTUS,or other,as noted.
Monitoring shall be conducted at the approximate locations indicated on the attached site map.
All monitoring shall be conducted per the requirements found in Attachment B of this Order.

Attachment A
S18-006
Duke Energy Progress, LLC— H. F. Lee Energy Complex, p.6
Approximate Receiving
Seep ID Location Coordinates Description Receiving Waterbody SOC Monitoring Interim Action Levels
Number Waterbody Classification
Latitude Longitude
Seep from the berm surrounding the cooling Instream
CPS-08 35.37711 -78.06780 pond. Not a seep emanating from the active ash Neuse River WS-IV;NSW monitoring of the N/A—2B Standards
basin. Neuse River Apply
Seep from the berm surrounding the cooling Instream N/A—2B Standards
CPS-09 35.36922 -78.07880 pond. Not a seep emanating from the active ash Neuse River WS-IV; NSW monitoring of the
basin. Neuse River Apply
Seep from the berm surrounding the cooling Instream
CPS-10 35.36840 -78.08125 pond. Not a seep emanating from the active ash Neuse River WS-IV;NSW monitoring of the N/A—26 Standards
basin. Neuse River Apply
Seep from the berm surrounding the cooling Instream
CPS-11 35.36829 -78.08141 pond. Not a seep emanating from the active ash Neuse River WS-IV; NSW monitoring of the N/A—2B Standards
basin. Neuse River Apply
Seep from the berm surrounding the cooling Instream
CPS-12 35.36816 -78.08156 pond. Not a seep emanating from the active ash Neuse River WS-IV; NSW monitoring of the N/A—2B Standards
basin. Neuse River Apply
Seep from the berm surrounding the cooling Instream
CPS-13 35.37972 -78.07540 pond. Not a seep emanating from the active ash Neuse River WS-IV;NSW monitoring of the N/A—2B Standards
basin. Neuse River Apply
i
Seep from the berm surrounding the cooling Instream
CPS-14 35.37963 -78.07527 pond. Not a seep emanating from the active ash Neuse River WS-IV;NSW monitoring of the N/A—2B Standards
basin. Neuse River Apply
*Location previously investigated as a seep. Monitoring has not indicated the presence of coal combustion residuals.
**Seep dispositioned via repair and/or non-flowing condition to potentially reach WOTUS,or other,as noted.
Monitoring shall be conducted at the approximate locations indicated on the attached site map.
All monitoring shall be conducted per the requirements found in Attachment B of this Order.

Attachment A
518-006
Duke Energy Progress, LLC— H. F. Lee Energy Complex, p.7
Approximate
Seep ID Location Coordinates Receiving Receiving
Number Description Waterbody Waterbody SOC Monitoring Interim Action Levels
Latitude Longitude Classification
Seep from the berm surrounding the cooling Instream N/A—2B Standards
CPS-15 35.37962 -78.07460 pond. Not a seep emanating from the active ash Neuse River WS-IV;NSW monitoring of the
basin. Neuse River Apply
Seep from the berm surrounding the cooling Instream N/A—2B Standards
CPS-16 35.37942 -78.07423 pond. Not a seep emanating from the active ash Neuse River WS-IV; NSW monitoring of the
basin. Neuse River Apply
Seep from the berm surrounding the cooling Instream
CPS-17 35.37465 -78.06165 pond. Not a seep emanating from the active ash Neuse River WS-IV; NSW monitoring of the N/A—2B Standards
basin. Neuse River Apply
Seep from the berm surrounding the cooling Instream N/A—2B Standards
CPS-18 35.37195 -78.06605 pond. Not a seep emanating from the active ash Neuse River WS-IV; NSW monitoring of the
basin. Neuse River Apply
Seep from the berm surrounding the cooling Instream N/A—2B Standards
CPS-19 35.37192 -78.06625 pond. Not a seep emanating from the active ash Neuse River WS-IV; NSW monitoring of the
basin. Neuse River Apply
Seep from the berm surrounding the cooling Instream N/A—26 Standards
CPS-20 35.37202 -78.06630 pond. Not a seep emanating from the active ash Neuse River WS-IV; NSW monitoring of the
basin. Neuse River Apply
Seep from the berm surrounding the cooling Instream N/A—26 Standards
CPS-21 35.36983 -78.07580 pond. Not a seep emanating from the active ash Neuse River WS-IV; NSW monitoring of the
basin. Neuse River Apply
*Location previously investigated as a seep. Monitoring has not indicated the presence of coal combustion residuals.
**Seep dispositioned via repair and/or non-flowing condition to potentially reach WOTUS,or other,as noted.
Monitoring shall be conducted at the approximate locations indicated on the attached site map.
All monitoring shall be conducted per the requirements found in Attachment B of this Order.

Attachment A
S 18-006
Duke Energy Progress, LLC—H. F. Lee Energy Complex, p.8
Instream Monitoring
Description Receiving Waterbody Receiving Waterbody SOC Monitoring Interim Action Levels
Classification
Instream Monitoring to Upstream& Downstream Monitoring of the N/A—2B Standards
evaluate potential impacts Neuse River WS-IV; NSW Neuse River Apply
from seeps
Instream Monitoring to Upstream&Downstream Monitoring of Mercury 0.02 µg/L
evaluate potential impacts Halfmile Branch WS-IV; NSW Halfmile Branch Selenium 30 µg/L
from seeps
*Location previously investigated as a seep. Monitoring has not indicated the presence of coal combustion residuals.
**Seep dispositioned via repair and/or non-flowing condition to potentially reach WOTUS,or other,as noted.
Monitoring shall be conducted at the approximate locations indicated on the attached site map.
All monitoring shall be conducted per the requirements found in Attachment B of this Order.

SOC S18-006
Duke Energy Progress, LLC—H. F. Lee Plant
Attachment B
Monitoring Requirements
The following represents the parameters to be analyzed and reported at all monitoring locations
designated within this Special Order.
Parameter Reporting Units Monitoring
Frequency
TSS mg/L Annually
Oil and Grease mg/L Annually
pH Standard Units(s. u.) Quarterly
Fluoride pg/L Quarterly
Total Mercury ng/L Quarterly
Total Barium pg/L Quarterly
Total Zinc pg/L Quarterly
Total Arsenic pg/L Quarterly
Total Boron pg/L Quarterly
Total Cadmium pg/L Quarterly
Total Chromium pg/L Quarterly
Total Copper pg/L Quarterly
Total Thallium pg/L Quarterly
Total Lead pg/L Quarterly
Total Nickel pg/L Quarterly
Total Selenium pg/L Quarterly
Nitrate/Nitrite as N mg/L Quarterly
Bromides mg/L Quarterly
Sulfates mg/L Quarterly
Chlorides mg/L Quarterly
TDS mg/L Quarterly
Total Hardness mg/L Quarterly
Temperature °C Quarterly
Conductivity, pmho/cm pmho/cm Quarterly
Analyses of all monitoring conducted per the terms of this SOC shall conform to the requirements of 15A
NCAC 2B .0505(e)(4)and(5); i.e.,standard methods and certified laboratories shall be used.

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Upstream: Halfmile Branch & Neuse River * Stream Monitoring
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