NC0000396_Special Order By Consent_20181010 (2)

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: [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 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
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io
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° 1982 As ,'' i. `-.
.y x a Basin Site ' ,
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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.