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HomeMy WebLinkAboutNC0000396_Special Order By Consent_20181010 NORTH CAROLINA ROY COOPER Environmental Quality Governor MICHAEL S.BEGAN Secretary LINDA CULPEPPER Interim Director October 10, 2018 Mr. Paul Draovitch, Senior Vice President EHS Duke Energy 526 S. Church Street Mail Code EC3XP Charlotte,NC 28202 Subject: SPECIAL ORDER BY CONSENT SOC No. S17-010 Duke Energy Progress, LLC Asheville Plant NPDES Permit NC0000396 Buncombe County Dear Mr. Draovitch: Attached for your records is a copy of the Special Order by Consent(SOC) approved by the Environmental Management Commission and signed by the Chairman of the Commission on October 10, 2018. The terms and conditions of the SOC are in full effect, including those requiring submittal of written notice of compliance or non-compliance with any schedule date. The following items are brought to your attention as they pertain to the terms and conditions of the SOC: • Payment of the upfront penalty is due no later than November 15, 2018. • Monitoring performed per the terms of the SOC shall commence during the current calendar quarter(October- December), with results submitted to DWR no later than January 30, 2019. Subsequent monitoring and reporting shall occur as specified in the SOC. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 919.707.9000 Mr. Paul Draovitch S 17-010 Transmittal p. 2 Pursuant to North Carolina General Statute 143-215.3D,water quality fees have been revised to include an annual fee for activities covered under a Special Order by Consent. Duke Energy will be subject to a fee of$500.00 on a yearly basis while under the Order. The initial fee payment will be invoiced at a later date,with future fee invoicing done on an annual basis. If you have any questions concerning this matter, please contact Bob Sledge at(919) 807-6398. Sincerely, 11( /Linda Culpepper Attachment (or cc: Central Files NPDES Unit—SOC File ec: Asheville Regional Office—DWR/Water Quality Regional Operations Shannon Langley—Duke Energy Sara Janovitz—EPA Region 4 Jeff Poupart—DWR/WQPS NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF BUNCOMBE IN THE MATTER OF ) NORTH CAROLINA ) SPECIAL ORDER BY CONSENT NPDES PERMIT NC0000396 ) EMC SOC WQ S 17-010 HELD BY ) DUKE ENERGY PROGRESS, LLC ) P,'ursuant 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 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. EMC SOC WQ S17-010 Duke Energy Progress,LLC p. 2 Decanting(i.e.,removal of the free water on the surface of the coal ash basins) and dewatering(i.e. removal of sufficient interstitial water), which are required before ash basins can be closed, have already been observed to affect existing seeps at Duke Energy's Asheville Facility. Removal of remaining coal ash wastewater 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 Duke Energy completes activities associated with closure of the ash basins at the Asheville Facility. Constructed seeps (as defined in subparagraphs e and f below)will be addressed in the NPDES permits. After completion of those activities, 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 a North Carolina NPDES permit for operation of an existing wastewater treatment works at the following coal fired, electric generation facility(the "Asheville Facility"): Receiving Facility Permit County Issuance Date Water for Number Primary Outfall French Asheville NC0000396 Buncombe 09/12/2007 Broad River c. The Asheville Facility currently operates two-coal fired generating units and two combustion turbines. A gas-fired combined cycle combustion turbine is currently under construction and scheduled to begin operation in January 2020. At that time the coal-fired units will be decommissioned. The Asheville Facility historically operated two ash basins: the 1964 basin and the 1982 basin. The 1964 basin is currently undergoing excavation and the 1982 basin has been fully excavated. 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 17-010 Duke Energy Progress,LLC p. 3 e. The coal ash basins at the Asheville 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 Asheville Facility 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 Asheville Facility and addressed in this Special Order exhibits 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. The coal ash impoundments at the Asheville Facility contain constructed features on or within the dam structures (i.e., toe drains)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 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." g. Non-constructed seeps at the Asheville 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 Asheville 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. EMC SOC WQ S17-010 Duke Energy Progress,LLC p. 4 h. A subset of these non-constructed seeps at the Asheville Facility do not flow directly to surface waters, but flow to some portion of an NPDES permitted wastewater treatment system. In such instances, the seeps may be referenced in NPDES permits as contributing flow to a permitted outfall. Any non-constructed seep that falls within this subset is identified in Attachment A by the following statement in its description: "This non-constructed seep flows to a portion of an NPDES wastewater treatment system." 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. j. Collectively, the volume of non-constructed seeps is generally low compared to the volume of historical permitted wastewater discharges at the Asheville Facility. k. 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, excluding the Sutton Facility, each Duke Energy station, including the Asheville Facility, does have multiple seeps. 1. The Department issued an NOV to Duke Energy on March 4, 2016 for the seeps that emanate from the unlined coal ash surface impoundments at the Asheville Facility. m. Non-constructed seeps create conditions such that certain surface water quality standards may not consistently be met at all Duke Energy monitoring sites. n. 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. o. A list of seeps identified in the vicinities of the coal ash surface impoundments at the Asheville 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. EMC SOC WQ S17-010 Duke Energy Progress,LLC P. 5 p. 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. Duke Energy is required to excavate the Asheville Facility to meet CAMA requirements. This excavation is required to be complete by August 1, 2022 to meet the Mountain Energy Act of 2015, SL 2015-110. q. 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 Asheville Facility. r. 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 the Asheville Facility, pay the Department, by check payable to the North Carolina Department of Environmental Quality, a penalty in the amount of$138,000, calculated based upon$12,000 each for five constructed seeps identified prior to January 1, 2015 and $6,000 each for thirteen non-constructed seeps identified prior to January 1, 2015. A certified check in the amount of$138,000 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. EMC SOC WQ S17-010 Duke Energy Progress,LLC p. 6 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 Asheville Facility 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 6,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) and 3, 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 Discharge from constructed seeps in violation $4,000.00 per day discharge occurs of terms in paragraph 3 of this Special Order. Failure to submit, by the deadlines 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, whether $1,000,000.00 per electric generating constructed or non-constructed,through facility. corrective action as applicable under paragraph 2(b)(3) 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. 1 See especially paragraph 2(a)(2) excepting newly identified seeps from future penalties under certain conditions. 2 Failure to adequately implement any amended Corrective Action Plan or Closure Plan will be handled in the normal course. EMC SOC WQ S17-010 Duke Energy Progress,LLC p. 7 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. As noted in 1(c), the 1982 ash basin has been fully excavated. Within the footprint of the 1964 ash basin, a modified rim ditch system has been installed to provide coal ash wastewater treatment. Decanting is largely complete at the 1964 basin, with the exception of wastewater processed through the rim ditch system. Removal of interstitial water(dewatering) is underway within the 1964 ash basin in order to complete the required excavation-based closure at Asheville. 1) Within ninety days after the Asheville coal fired generation ceases, and no later than April 30, 2020, Duke Energy shall conduct a comprehensive survey of areas downgradient of the 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 ("Interim Seep Report"), shall be submitted to the Director of DWR no later than April 30, 2020. This Interim Seep Report must list any seep that has been dispositioned(as described below) since the Special Order became effective, 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. Non-constructed seeps described in paragraph 1(h) of this SOC cannot be dispositioned through option (2) above. EMC SOC WQ S17-010 Duke Energy Progress,LLC P. 8 The determination of whether a seep is dispositioned rests with the Director of DWR. At, or at any time prior to, submission of the Interim 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. 2) 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 1) 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 June 30, 2020. 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 Asheville Facility. The determination regarding whether a surface water feature is a classified water of the State rests with DWR. 3) No later than August 31, 2020,Duke Energy shall submit a complete and adequate proposed amendment to the groundwater Corrective Action Plan and/or Closure Plan as appropriate for the Asheville 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 Interim 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)(3)may such a seep, certified as dispositioned, be omitted from the proposed amendment. EMC SOC WQ S17-010 Duke Energy Progress,LLC P. 9 For clarity, listed below is a summary of the timetable for the documents due after completion of steps above: Document Due Date Interim Seep Report April 30, 2020 Seep Characterization Report June 30, 2020 Proposed amendment to groundwater Corrective Action Plan and/or Closure August 31, 2020 Plan 4) Termination of Special Order This Special Order shall terminate 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)(3) above). 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) During the time this Special Order is in effect, Duke Energy shall provide quarterly reports on the status of decanting and dewatering work, and other activities undertaken with respect to closure of its Asheville Facility 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 the Asheville 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 S17-010 Duke Energy Progress,LLC p. 10 d. Interim Action Levels. 1) Duke Energy shall perform representative 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: desocdata@ncdenr.gov. 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 shall continue to pump discharges from constructed seeps 64E0-1, 64E0-2 and 64E0-3 (toe drains and engineered seep collection) back into the 1964 ash basin until the commencement of decanting from the rim ditch treatment system. At that time, Duke Energy may commence direct discharge of wastewater via outfall 101 per the terms of NPDES permit NC000396. During the time when Duke Energy is pumping constructed seep flows to the ash basin, it shall not be liable for the occurrence of discharges from those seeps to surface waters if such discharge is caused by an unanticipated power outage or mechanical failure of pump equipment,provided that interruptions of pumping are addressed expeditiously, and in no instance does a discharge event last for longer than 72 hours. 4. Duke Energy will continue to operate the 1964 coal ash surface impoundment in such a manner that its performance is optimized, and potential for surface waters to be affected by seeps is minimized. 5. Duke Energy shall make available on its external website the NPDES permit,this Special Order and all reports required under this Special Order for the Asheville Facility no later than thirty(30) days following their effective or submittal dates. EMC SOC WQ S17-010 Duke Energy Progress,LLC p. 11 6. 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. 7. 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. 8. Any non-constructed seeps causing or contributing to pollution of waters of the State associated with the coal ash impoundments at Duke Energy's Asheville electric generation station, 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 time 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. 9. 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 S17-010 Duke Energy Progress,LLC p. 12 10. 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 NC0000396. 11. 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. 12. Failure to pay the up-front penalty within thirty (30) days of execution of this Special Order will terminate this Special Order. 13. 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. 14. 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 S17-010 Duke Energy Progress,LLC p. 13 This Special Order by Consent shall expire no later than June 30,2022. For uke Energy Progress, LLC: ..• ----- 0( /7 / a Paul Draovitch Date Senior Vice President, Environmental, Health& Safety For the No 6 C.'olin 4 Environmental Management Commission: , / ° /10/ IC J. D. :o.ermorP.E. Ch.4 of the Commission Date Attachment A S17-010 Duke Energy Progress, LLC-Asheville Plant, p.1 Constructed Seeps - Approximate Seep ID Location Coordinates Receiving Receiving Number Description Waterbody SOC Monitoring Interim Action Levels Latitude Longitude Waterbody Classification Easternmost of two engineered drain pipes from 1964 Ash Basin. Seep flow is currently being collected and pumped back into ash Unnamed basin in accordance with the pumping tributary N/A—Monitoring Seep initially collected at 64E0-01 35.468319 -82.549104 system's design capacity. Any discharge (UT)to B Established per engineered outfall and would flow into UT,through culvert under French Terms of NPDES pumped back to basin; 1-26,into wetland area draining to C-01. Broad Permit afterwards,see C-01 Will become permitted outfall in upcoming River NPDES permit renewal. Westernmost of two engineered drain pipes from 1964 Ash Basin. Seep flow is currently being collected and pumped back a into ash basin in accordance with the UT to N/A—Monitoring Seep initially collected at 64E0-02 35.468319 -82.549104 pumping system's design capacity. Any French B Established per engineered outfall and discharge would flow into UT,through Broad Terms of NPDES pumped back to basin; culvert under 1-26,into wetland area River Permit afterwards,see C-01 draining to C-01. Will become permitted outfall in upcoming NPDES permit renewal. Engineered drain from 1964 Ash Basin at black corrugated culvert. Flow infiltrates downstream. Seep flow is currently being collected and pumped back into ash basin UT to N/A—Monitoring Seep initially collected at 64E0-03 35.466943 -82.548502 in accordance with the pumping system's French Established per engineered outfall and design capacity. Any discharge would flow Broad B Terms of NPDES pumped back to basin; into UT,through culvert under 1-26,into River Permit afterwards,see C-01 wetland area draining to C-01. Will become permitted outfall in upcoming NPDES permit renewal. *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. O Attachment A S17-010 Duke Energy Progress, LLC-Asheville Plant, p.2 Non-Constructed Seeps Approximate Seep ID Location Coordinates Receiving Receiving Number Description Waterbody SOC Monitoring Interim Action Level Latitude Longitude Waterbody Classification Point of drainage to French Broad Wetlands River from wetland/braided flow west draining to Monitoring at location pH 5-10 s.u. A-01 35.471253 -82.552914 B A-01 prior to entering Mercury 50 ng/L of 1-26. Northernmost of sample French locations near river. Broad River French Broad River Selenium 10µg/L Minor seep in wet area just upstream Wetlands A-02 35.471155 -82.552596 of A-01. Channeled flow drains draining to B Monitoring at location See A-01 toward A-01 location. French A-01 Broad River Point of drainage to French Broad Wetlands draining to Monitoring at location Mercury 50 ng/L B-01 35.468595 -82.551418 River from wetland/braided flow west French B B-01 prior to entering Chlorides 600 mg/L of 1-26 and south of A-01. French Broad River TDS 2100 mg/L Broad River Point of drainage to French Broad UT to Monitoring at location Molybdenum 300 mg/L C-01 35.466042 -82.549701 River from wetland/braided flow west French - B C-01 prior to entering TDS 1500 mg/L of 1-26 and south of B-01 Broad River French Broad River Nickel 50µg/L Monitoring location of UT below 1964 Ash Basin for effects of general area seepage;site is located just east of UT to C-02 35.466891 -82.548651 Monitoring at location culvert under 1-26.Stream flow is French B See C-01 Broad River C 01 conveyed into wetland area draining toward C-01 location. Seep near base of northwest side of — 1964 Ash Basin. Any flow drains to 64E0-3,the 1964 engineered outfall UT to N/A—Monitoring Seep initially collected at C-03 35.469383 -82.549293 collection system.This non- French B Established per Terms of engineered outfall and constructed seep flows to a portion of Broad River NPDES Permit pumped back to basin; an NPDES wastewater treatment afterwards,see C-01 system. *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 17-010 Duke Energy Progress, LLC - Asheville Plant, p.3 Approximate Location Seep ID Receivin Receiving Number Coordinates Description g Waterbody SOC Monitoring Interim Action Level Latitude Longitude Waterbody Classification AOW near base of northwest side of 1964 Ash Basin. Any flow drains to 64E0-3,the 1964 engineered outfall UT to N/A—Monitoring Seep initially collected at • C-05 35.46887 -82.54915 collection system.This non- French B Established per Terms engineered outfall and constructed seep flows to a portion of Broad River of NPDES Permit pumped back to basin; an NPDES wastewater treatment afterwards,see C-01 system. Seep to established channel within Wetlands D-01 35.466013 -82.549584 wetlands west of 126. Channel flows draining to B Monitoring at location French C-01 to C-01 location. See C 01 Broad River Point of drainage to French Broad Wetlands draining to Monitoring at location pH 5-10 s.u. E-01 35.465061 -82.54944 River from wetland/braided flow west B E-01 prior to entering Nickel 60 ug/L of 1-26 and south of C-01 drainage. French g Broad River French Broad River TDS 600mg/L Wetlands pH 5-10 s.u. Point of drainage to French Broad Monitoring at location Copper 15 µg/L F-01 35.463581 -82.54854 River from wetland/braided flow west draining to B F-01 prior to entering Mercury 50 ng/L of 126 and south of E 01 French drainage. Broad River French Broad River Nickel 100µg/L TDS 1000 mg/L Point of drainage to French Broad Wetlands F-02 35.462533 -82.547499 River from wetland/braided flow west draining to B Monitoring at location PH 5-10 s.u. of 1-26 and south of F-01 drainage. French F-02 Broad River Monitoring location within wetland area west of 1-26,at outlet of culvert Wetlands F-03 35.463114 -82.547177 under 126. May be remnant beaver draining to B Monitoring at location French F-01 See F 01 pond. Flows toward F-01 location, Broad River then to French Broad 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 517-010 Duke Energy Progress, LLC-Asheville Plant, p.4 Seep ID Approximate Receiving Location Coordinates Description Receiving Number p Waterbody Waterbody SOC Monitoring Interim Action Level Latitude Longitude Classification Monitoring location of UT below the 1982 Ash Basin dam,just east of culvert under 1-26,conveying UT to K-01 35.463051 -82.545751 flow to wetlands west of 1-26. Bwetlands Monitoring at location and FrenchSee F-01 Flows drain through wetlands past F 01 locations F-03 and F-01 before Broad River entering French Broad River. Seep emerging southeast of 1982 Wetlands K-02** 35.463581 82.544577 basin dam. Flows through wetlands draining to B N/A—Seep N/A—Seep to sampling location F-01 before French Dispositioned Dispositioned entering French Broad River. Broad River Monitoring location for coalescence of seep flows prior to Wetlands M-01 35.464266 -82.546712 entering culvert under 1-26. Flow draining to B Monitoring at location drains through wetlands to French F-01 See F-01 sampling location F-01 before Broad River entering French Broad River. Unnamed Seep to small channel upstream of tributary Monitoring of UT prior o confluence with Cadmium 5µg/L N-01 35.474088 -82.551532 (UT)to C t its confluence with Powell Creek. Mercury 50 ng/L Powell Powell Creek Creek Monitoring site of small drainage channel south of 1982 ash basin UT to the P-01* 35.46185 -82.544625 prior to entering culvert beneath I- French B N/A—Seep N/A—Seep 26. From sampling—No CCR Broad River Dispositioned Dispositioned impacts. Wetlands Ponded 35.467232 82.550521 Ponded water near dry channel draining to B Monitoring at locations Water F between locations B-01 and C-01 French B-01 and C-01 See B-01 and C-01 Broad 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 S17-010 Duke Energy Progress, LLC-Asheville Plant, p.5 Seep ID Approximate Receiving Location Coordinates Description Receiving Number p Waterbody Waterbody SOC Monitoring Interim Action Level Latitude Longitude Classification Storm Drain location at north end SD-01* 35.474121 -82.552079 of site near Powell Creek. From Powell N/A—Seep N/A—Seep Creek C sampling—No CCR impacts. Dispositioned Dispositioned Western drain (Drain 1)from 1982 UT to ash basin. Basin has been wetlands 82E0-01 35.464058 -82.544848 excavated and repurposed. Any draining to B Monitoring at location See F 01 flow would drain to K-01 and F-01 French F-01 locations. Broad River Eastern drain (Drain 2)from 1982 UT to ash basin;east weir. Basin has wetlands 82E0-02 35.464058 -82.544848 been excavated and repurposed. draining to B Monitoring at location See F 01 Any flow would drain to K-01 and French F-01 F-01 locations. Broad River French drain below divider dike between'64 and past'82 basin. UT to Flow is into past'82 basin footprint wetlands DD Pipe 35.466724 -82.544403 which is requested for removal draining to B Monitoring at location See F 01 from NPDES permit. Flow would French F-01 drain toward M-01 location and Broad River then to sample point at F-01. Instream Monitoring Description Receiving Waterbody Receiving Waterbody Classification SOC Monitoring Interim Action Levels Instream Monitoring to Upstream& Downstream Monitoring of the N/A—2B Standards evaluate potential impacts French Broad River B from seeps French Broad 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. Asheville Plant -Water Quality Monitoring Locations 114 r eek x "° poke\\Cr Lal<e Julian • rod II INA *,...1 „ +r� ! --0 .-v2 : . . ' $ -)(1 )stik. it._ voihe, A11;iiii -.. y , iv-"* ,_... ,_ .., 3 ' •�tl ih` eg -I' 1. fa, 1. 4110 4.J.,40, rt i k • R oaf R "1R N` Y- yy� P i • 1 1 64'Ash ipsin < , ,. io C-0 t'A 4's w )04 iii ° 1982 As ,'' i. `-. .y x a Basin Site ' , E01 t 41, 01 r4' ,,M•` F-01 `1444. A F-02 , ;, Upstream Monitoring—French Broad River * Stream Monitoring * Downstream Monitoring—French Broad River SOC S17-010 Duke Energy Progress, LLC—Asheville 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, Nmho/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.