2B2L Cover Letter_20190131

(> RDUKE ENEGY
January 31, 2019
North Carolina Department of Environmental Quality
Asheville Regional Office
Attn: Mr. Ted Campbell
2090 U.S. 70 Highway
Swannanoa,NC 28778
Subject: Asheville Steam Electric Plant Surface Water Evaluation
Dear Mr. Campbell:
526 South Church St.
Charlotte, NC 28202
P.O. Box 1006
Mail Code EC13K
Charlotte, NC 28201-1006
4-103011*Yc11
Duke Energy is in receipt of your memorandum dated September 5, 2017, which identified sampling
locations within and adjacent to the French Broad River near the Asheville Steam Electric Plant. After
receipt of this memo, Duke Energy and the North Carolina Department of Enviornmental Quality (NC
DEQ) entered into a Speical Order of Consent (SOC - WQ S17-010). Most of the sampling locations
adjacent to the French Broad River are within the wetlands complex and covered by this SOC. As such,
sampling results from these wetland locations are enclosed but not compared to existing criteria. The
sampling results from the remaining locations in the French Broad River are compared to existing
criteria and no exceedances are noted.
Duke Energy also reviewed the NC DEQ's criteria spreadsheet that was referred to Duke Energy at this
link: https://deg.nc.gov/nc-stdstable-09222017. Regarding the tab entitled EPA NRWQC (Nationally
Recommended Water Quality Criteria for Aquatic Life & Human Health) it states clearly, "Below are all
Nationally Recommended Water Quality Criteria for which NC does not have a Water Quality Standard
for one or more uses." While EPA recommended criteria may be used in some circumstances to assess
compliance with general narrative standards, the regulations related to this action apply only to NPDES
permit limit development and not to more general compliance with standards. Blanket application of
EPA recommended criteria would likely violate the NC Administrative Procedure Act's prohibition on
applying rules without a rulemaking. Consequently, comparisons of the sampling values were limited to
those criteria found in 15A NCAC 02B .0211 (11) that were properly adopted through rulemaking and
approved by EPA in the Triennial Review process. This method is consistent with the recent evaluation
undertaken by DEQ related to evaluation of surface waters for standards exceedences in the wake of
Hurricane Florence.
If you have any questions, please contact me at 980-373-6636.
Respectfully submitted,
Bryson Sheetz
Environmental Services
www.duke-energy.com Page 1 of 2

Attachments: Surface Water Evaluation to Assess 1SA NCAC 2B Compliance —Asheville Steam Electric Plant
(via e-mail): Steve Lanter, NCDEQ DWR
Landon Davidson, NCDEQ DWR
Ed Sullivan, Duke Energy
John Toepfer, Duke Energy
Teresa Williams, Duke Energy
Tina Woodward, Duke Energy