February 15, 2017 VIA EMAIL AND U.S. MAIL Mr. S. Jay Zimmerman, Acting Director DENR Division of Water Resources Attn. Belews WW Permit 1617 Mail Service Center Raleigh, N.C., 27699-1617
[email protected] [email protected] Re: Draft NPDES Wastewater Permit – Belews Creek Steam Station, #NC0024406 Dear Mr. Zimmerman: On behalf of Appalachian Voices, the Southern Environmental Law Center submits the following comments on the 2017 draft National Pollutant Discharge Elimination System (“NPDES”) permit noticed for public comment by the North Carolina Department of Environmental Quality (“DEQ”), Division of Water Resources (“DWR”), which purports for the first time to allow Duke Energy Carolinas LLC (“Duke Energy”) to discharge increased and in many cases unlimited pollution into the Dan River, Belews Lake, and other waters of North Carolina and the United States. We have previously submitted comments on an earlier draft permit in November 2016, and those comments remain applicable, except as explained below. As set forth below, the proposed permit violates the Clean Water Act (“CWA”) because, among other things: it allows unlimited toxic pollution of the Dan River and Belews Lake; it authorizes a wastewater treatment facility to malfunction and leak wastewater; it illegally turns North Carolina streams into wastewater ditches with no clean water protections; it puts in place excessive and ineffective limits for many toxic pollutants; and it reduces substantially clean water protections that have been contained in NPDES permits