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HomeMy WebLinkAbout20150998 Ver 1_401 Application_201512156/V OF W ATF9 O� �G h 7 O -c PA ®,, Office Use Only Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 M 460 Pre -Construction <c5oVion (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑ Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1d. Type(s) of approval sought from the-DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑X Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑X Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑X Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. 0 Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: L.V. Sutton Steam Station - Onsite Landfill- Sutton Energy Complex 2b. County: New Hanover 2c. Nearest municipality / town: Wilmington 2d. Subdivision name: I' 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Carolina Power & Light Co.. 3b. Deed Book and Page No. 5753 2451 DEC 2 2 2015 3c. Responsible Party (for LLC if applicable)- Duke Energy Progress DENR - WATER RESOURCES 3d. Street address: 249 Sutton Lake Road 3e. City, state, zip: Wilmington NC 3f. Telephone no.: (919) 546-7457 3g. Fax no.: 3h. Email address: steve.cahoon@duke-energy.com Page 1 of 10 PCN Form — Version 1.4 January 2009 11"I 0� I0� WAS �G f] Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑ Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes NX No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑X Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes X❑ No For the record only for Corps Permit: ❑X Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bankX❑ or in -lieu fee program. Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑x Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: L.V. Sutton Steam Station - Onsite Landfill- Sutton Energy Complex 2b. County: New Hanover 2c. Nearest municipality / town: Wilmington 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Carolina Power & Light Co. 3b. Deed Book and Page No. 5753 2451 3c. Responsible Party (for LLC if applicable): Duke Energy Progress 3d. Street address: 249 Sutton Lake Road 3e. City, state, zip: Wilmington NC 3f. Telephone no.: (919) 546-7457 3g. Fax no.: 3h. Email address: steve.cahoon@duke-energy.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): R02300-002-001-000 1 b. Site coordinates (in decimal degrees): Latitude: 342999 Longitude: -77.98638 1 c. Property size: 1,570.55 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Cape Fear River 2b. Water Quality Classification of nearest receiving water: 2c. River basin: Cape Fear 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project is located on DEP's existing Sutton Steam Plant facility, north of the City of Wilmington in New Hanover County, North Carolina. The land use of the proposed site is primarily classified as "Unused Land". Lands located along the northern boundary of Sutton are classified as "Miscellaneous Manufacturing" . The proposed site is an area designated as zoning district 1-2, Heavy Industrial District". 3b. List the total estimated acreage of all existing wetlands on the property: 337 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 5,460 3d. Explain the purpose of the proposed project: The Coal Ash Management Act (CAMA) requires Duke to close the Basins in accordance with CAMA by 1 August 2019. See Attached Narrative. 3e. Describe the overall project in detail, including the type of equipment to be used: See Attached Narrative Summary and Construction Application Report. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases) in the past? ❑X Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ PreliminaryX❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): multipole Agency/Consultant Company: Geosyntec / AMEC Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Jurisdictional Determination Request Submitted to Corps on 11 November 2015. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑X Yes ❑ No 6b. If yes, explain. The Landfill construction is planed to be conducted in phases with sequencing of landfill cell construction during the Basin closure. This PCN includes all wetlands impact associated with all phases of the landfill construction. See Attached Narrative Summary and Construction Application Report Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Small -Basin Wetland No DWQ 0.218 W2 P Fill Small -Basin Wetland No DWQ 0.06 W3 P Fill Small -Basin Wetland No DWQ 2.247 W4 P Fill Small -Basin Wetland No DWQ 1.058 W5 P Fill Small -Basin Wetland No DWQ 2.96 W6 P Fill Small -Basin Wetland No DWQ 0.027 2g. Total Wetland Impacts: 6.57 2h. Comments: Awaiting Approved Jurisdictional Determination for 2e. W1 - W6 Isolated Basin Wetlands (Wetlands ID's A, B,C, D,E & F) to be filled for construction of on-site landfill. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one - S2 - Choose one - S3 - Choose one - S4 - Choose one - S5 - Choose one - S6 - Choose one - 3h. Total stream and tributary impacts 3i. Comments: No stream impacts proposed. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: No open water impacts. 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: No lake or pond impacts. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: No buffer impacts. Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Site selection. Due to the size of the footprint needed for the management of the CCR and the location of the wetland areas, primarily in the central part of the proposed footprint, there are no alternative design options for configuration of the landfill that would allow for complete avoidance of impacts to these wetland areas or result in less impact to other wetland areas on the Sutton Site. Shifting the landfill footprint to the north of these wetlands would impact other wetlands in that area and not avoid or minimize total impacts. The Sutton Site contains approximately 337 acres of wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The proposed landfill would avoid effects to streams, lakes, and ponds. The implementation of the Erosion and Sediment Control Plan will minimize effects from stormwater runoff to surface waters during landfill construction and operation. Construction of the proposed landfill will be conducted in three phases. See Attached Narrative and Construction Application Report. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Q Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): X❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? 0 Mitigation bank El Payment to in-lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: TBD - Lower Cape Fear Umbrella Bank or Towncreek Headwater Bank 3b. Credits Purchased (attach receipt and letter) Type: Non-riparian wetland Type: Choose one Type: Choose one Quantity: 5.60 Quantity: Quantity: u e has secured credit availability from the mitigation banks above and is negotiating inal purchase agreement. 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes X❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Construction of the proposed landfill will be conducted in three phases. During and following each phase of construction, surface water will be managed through a series of temporary and permanent controls. Additionally, erosion and sediment controls will be required during each phase of construction. Temporary erosion control measures include features used during construction and operation to direct stormwater away from active areas of the landfill and best management practices (BMPs) used to manage on-site erosion and prevent sediment from leaving the site. 2e. Who will be responsible for the review of the Stormwater Management Plan? NCDEQ 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review OCoastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes 0 No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes 0 No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Not Applicable Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes X❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act 0 Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US Fish and Wildlife Service (USFWS) ECOS-IPaC web application as well as the North Carolina Heritage Program (NCNHP) database for the project area. On-site survey and coordination with USFWS, NCDENR, and NCWRC. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service Habitat Conservation Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? North Carolina State Historic Preservation Office HPOWEB GIS Service. Coordination with NCSHPO. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA National Flood Insurance Program FIRM Mapping. Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 10 of 10 f DUKE ENERGY. PROGRESS Project Narrative Summary: Coal Ash Management Act (CAMA) mandated CCR Basin Closure and LV Sutton Steam Station Onsite CCR Landfill Project Sutton Energy Complex Wilmington, NC Introduction This Project Narrative Summary is provided as supplemental information for the Pre - Construction Notification form (PCN). A Construction Application Report (Report) was submitted to North Carolina Department of Environmental Quality (NCDEQ) Division of Waste Management, Solid Waste Section for a proposed Onsite Coal Combustion Residuals (CCR) landfill at the L.V. Sutton Energy Complex (Sutton), located near Wilmington, in New Hanover County, North Carolina on 7 August 2015. The Report consists of the application to construct, permit application drawings, and associated calculations and plans as appendices to the Report. The Report should be the primary reference for this Project. A response to NCDEQ Technical Review regarding the construction application and Report was submitted on 11 December 2015. The Report and supporting documentation has already been submitted to NCDEQ, a copy has been attached to this PCN. Project Purpose and Need Duke Energy Progress, LLC (Duke Energy) is required to close LV Sutton Coal Combustion Residual (CCR) surface impoundments by 1 August 2019 in accordance with the 2014 Coal Ash Management Act (CAMA) Sections 3(b) and 3(c). Duke Energy submitted a Coal Ash Excavation Plan to the NCDEQ on 13 November 2014 describing CCR removal plans beginning with transporting ash to an off-site location while simultaneously developing an on-site landfill to meet the CAMA mandated closure date. The purpose and need of the project as proposed is the permitting, construction and operation of an on-site CCR landfill at the L.V. Sutton Steam Station (Sutton) for the disposal of approximately 5 million tons of CCR material resulting from the excavation and closure of the 1971 and 1984 Basins and the Lay of Land Area (LOLA). Proposed Location and Site Plan Sutton is located in New Hanover County, approximately 4.5 miles north of the city of Wilmington in North Carolina (Figure 1) and is situated between the Cape Fear River to the west and the Northeast Cape Fear River to the east. The Sutton Plant operated as a three -unit, 575 - megawatt coal-fired plant from 1954 until retirement in 2013. A new 625 -megawatt gas-fired combined -cycle facility began operating upon retirement of the coal-fired station. The coal-fired units at Sutton are currently undergoing decommissioning and demolition. There are two CCR basins located at Sutton: (i) the 1971 Basin and (ii) the 1984 Basin (Basins). The approximate areas of the 1971 Basin and the 1984 Basin are approximately 54 and 82 Project Narrative: LV Sutton Steam Station DUKE Coal Ash Management Act (CAMA) mandated CCR Basin Closure t ENERGY, and On-site Landfill Project PROGRESS acres (ac), respectively. The Basin locations are shown on Figure 2. The 1971 Basin was operated from 1971 to 1985 and temporarily in 2011. The 1984 Basin was operated from 1984 to 2013. Both basins contain fly ash, bottom ash, boiler slag, storm water, ash sluice water, coal pile runoff, and low volume wastewater. Scrubbers were not installed at the Sutton Plant; therefore, Flue Gas Desulphurization (FGD) residuals are not expected to be found in the Basins. Other notable features at the site include: (i) LOLA, located south of the 1971 Basin (ii) the Cooling Pond (also referred to as Lake Sutton), declared waters of the State on 7 November 2014; and (iii) a discharge canal that conveys water from the plant to the Cooling Pond. Field investigations conducted within LOLA indicate that the area contains a mixture of CCR and soil; therefore, Duke plans to excavate the material from LOLA and dispose of it in the proposed onsite CCR landfill along with CCR excavated from the Basins. The proposed landfill will be located east of the Basins and LOLA, on the existing site as depicted in Figure 2, and described in further detail in the following section. Project Activities Description Anticipated landfill construction and basin closure activities include: • Utilizing existing rail spur and constructing rail car loading facility for initial off-site CCR transport; • Installing erosion and sediment control measures and stormwater management infrastructure; • Constructing the landfill liner system including: o Earthwork: excavation and fill to construct liner system subgrade, perimeter berm/roadways, and storm water management infrastructure (e.g., channels and surface water basins); o Double liner system construction including (from top to bottom) a 24 -in thick protective cover layer, primary geocomposite drainage layer, primary geomembrane, secondary geocomposite drainage layer, secondary geomembrane, geosynthetic clay liner, and a 12 -in thick compacted soil layer; o Leachate collection and removal system construction including connection to on-site storage facility to allow leachate management; o Providing power connections to operate leachate collection systems; o Building haul roads (soil) to support liner system construction and perimeter roads (aggregate) to support landfill operations; • Implementing the approved Landfill Groundwater Monitoring Plan; • Removal of CCR from the basins and filling the landfill with ash placed in compacted, controlled, and monitored lifts; • Earthwork excavation and fill to grade stockpile and CCR storage areas to proposed final grades followed by stabilization by establishing permanent vegetation; • Closing the landfill by constructing a final cover system including (from top to bottom) a 6 -in thick vegetative cover, 18 -in thick protective layer, geocomposite drainage layer, and geomembrane; • Closing the basin areas including removal of some areas of the dikes, fill, grading, and stabilization; and, • Providing post -closure operations, maintenance, and care. 4 Project Narrative: LV Sutton Steam Station DUKE Coal Ash Management Act (CAMA) mandated CCR Basin Closure t ENERGY, and On-site Landfill Project PROGRESS A phased erosion and sediment control plan has already been prepared and submitted as part of the landfill application package. The erosion and sediment control plan was prepared to meet applicable local and state regulations and includes: (i) temporary erosion control measures (sediment basins, stone filters terraces, sediment fences, etc.); (ii) permanent erosion control measures (rip rap, energy dissipaters, ditch stabilization, pipe drain, etc.); and (iii) seeding specifications and schedules. Closure of the CCR surface impoundments will require design and installation of erosion and sediment control devices to properly address potential sources of erosion and sedimentation associated with excavation and grading activities. Protective measures may include temporary diversion channels, sediment fencing, sediment basins, riprap slope or ditch protection, and other applicable measures. The erosion and sediment control plan will be prepared with consideration to staging of activities, with erosion and sediment control devices designed specifically for the activities underway at any given time. Alternatives Analysis The alternatives analysis for this project identified and compared the available disposal options for CCR from Sutton capable of meeting the project purpose and need. The following disposal options were identified and evaluated as part of the alternatives analysis for this project: • Beneficial Reuse • Closure In-place • Off-site Landfill • On-site Landfill An alternative of "no action" was also evaluated. The alternatives analysis of disposal methodologies included an evaluation of the following criteria: • Project objective — the alternative meets the project purpose and need. • Feasibility — the alternative is technically feasible to implement. • Sustainability — the alternative poses minimal potential impacts, including cumulative effects, to human health and the environment. • Regulatory requirements — the alternative is consistent with applicable regulatory requirements. The following sections describe each of the alternative disposal methodologies and evaluate the alternatives using the aforementioned criteria. 3 Project Narrative: LV Sutton Steam Station DUKE Coal Ash Management Act (CAMA) mandated CCR Basin Closure t ENERGY, and On-site Landfill Project PROGRESS No Action Alternative The No Action Alternative (NAA) would result in Duke Energy maintaining the CCR in the existing Basins and LOLA. However, Duke Energy would be in violation of CAMA for the closure of the surface impoundments by the 1 August 2019 deadline. The NAA does not meet the project purpose and need or regulatory requirements under CAMA. Beneficial Reuse Alternative The beneficial reuse alternative would include the excavation of CCR from each of the existing Basins and LOLA, and reusing the CCR material for other purposes, such as structural fill. The beneficial reuse of all of the CCR material is not commercially and logistically feasible within the timeframe required for closure, as specified by CAMA. Duke has been unable to identify a recipient or user for beneficial reuse of all CCR materials currently stored within the Basins and LOLA. As a stand-alone solution, this alternative is not feasible and would not meet the current regulatory requirements. Therefore, beneficial reuse of all of the CCR material would not be a viable alternative to the proposed project. However, Duke is considering beneficial reuse of some of the CCR material as a sub -alternative to disposal of all of the CCR material in the proposed on-site landfill. Closure In-place Alternative Closure in-place would consist of the Basins and LOLA being closed in their current locations. This alternative does not meet CAMA requirements for CCR to be disposed in lined units. CCR in the existing Basins and LOLA would need to be excavated and temporarily stored while the existing basins were lined and then the CCR material placed back in the basins. It is likely that the temporary storage of the CCR material would occur in the same vicinity as the proposed on- site landfill as this is the closest available open space to the existing basins. Additionally, the Basin are located within a floodplain and would not meet regulatory requirements related to landfill siting criteria. Therefore, this alternative would not meet the project objective, feasibility, or regulatory criteria. Off-site Landfill Alternative The off-site landfill alternative would require the disposal of the CCR material in a newly constructed "greenfield" landfill at an off-site location or in an existing, off-site landfill. Although this alternative would meet the project objective, the off-site landfill alternative would result in additional effort for siting and permitting a new landfill in New Hanover County or elsewhere in North Carolina, or additional costs and environmental impacts resulting from the transport and disposal of CCR to an existing off-site landfill. A new off-site "greenfield" landfill would require Duke to identify and purchase a suitable site for the construction of the landfill for disposal of the CCR material. The proposed, off-site landfill would then need to be permitted and constructed. The time required to identify and select a suitable site, negotiate the site purchase, and conduct the environmental and engineering studies required to design and permit the landfill is not feasible to complete in accordance with the CAMA closure schedule. The potential environmental impacts of constructing an off-site landfill would be anticipated to be similar to 4 Project Narrative: LV Sutton Steam StationDUKE Coal Ash Management Act (CAMA) mandated CCR Basin Closure fen ENERGY, and On-site Landfill Project PROGRESS constructing a new landfill at the Sutton site. However, the alternative for off-site transport and disposal would increase the likelihood for environmental impacts associated with the off-site transport of CCR material. On -Site Landfill Alternative (Preferred Alternative The preferred alternative is to permit and construct an on-site landfill within the Sutton property boundary for the disposal of CCR currently stored in the Basins and LOLA. The on-site landfill alternative meets the project objective and is the most technically feasible alternative for managing all of the CCR material within the mandated CAMA deadline. The proposed landfill would be located on the existing industrial facility property near the existing Basins and LOLA. The use of the selected location on the existing industrial site and transport of CCR from the ash basins to the landfill is consistent with current site use. The on-site landfill alternative represents the shortest distance that the CCR material would need to be transported from the existing Basins. CCR transport would occur within the Sutton property boundaries and without the requirement to use public roadways, minimizing the potential for environmental impacts associated with the transport and disposal of CCR material. The proposed landfill will be located adjacent and parallel to the existing, on-site CCR basins, to the east of the 1971 and 1984 basins as illustrated in Figure 2, and is of sufficient size to meet the project purpose and need. The on-site landfill alternative provides the best approach to meet the regulatory criteria and represents the Least Environmentally Damaging Practicable Alternative to facilitate the project purpose and need. Based on the above considerations, Duke concluded that no other location could offer an environmentally preferable alternative to the proposed landfill location, comply with siting requirements, and allow for the contiguous land area needed for the landfill footprint. Project Compatibility with Laws and Regulations A Site Suitability Report has been prepared and submitted to NCDENR as part of the proposed onsite CCR landfill application. Site suitability was approved on 2 July 2015. The proposed landfill project is compatible with local, state, and federal laws and regulations. The proposed landfill will be permitted through the NCDEQ Solid Waste Section in accordance with the applicable landfill requirements under Title 15A, Chapter 13, Subchapter B, Sections .0500 and .1600. Furthermore the proposed landfill will be compatible with location restrictions and design criteria defined by the 2014 CAMA and Federal CCR Rules published 17 April 2015. Permitting The Solid Waste Section is the lead permitting agency and permits include: • Letter of Site Suitability (received on 2 July 2015) • Permit to Construct (application currently under review by NCDEQ) • Permit to Operate 5 Project Narrative: LV Sutton Steam Station DUKE Coal Ash Management Act (CAMA) mandated CCR Basin Closure t ENERGY, and On-site Landfill Project PROGRESS Other permits will be required for basin closure and landfill construction and operations including: • Local Zoning Consistency (received on 22 June 2015) • Modification of station industrial stormwater NPDES permits • Erosion and sediment control permits • Dam decommissioning Erosion and Sediment Control Erosion control is necessary to maintain the integrity of the landfill and associated structures and to prevent off-site discharge of sediments. An Erosion and Sediment Control Plan (ESCP) has been developed to meet the requirements of the North Carolina Administrative Code for permit applications for sanitary landfills (specifically, 15A NCAC 138.0504) and describes both the temporary and permanent proposed erosion and sediment control measures. Erosion and sediment control features have been designed in accordance with the North Carolina Erosion and Sediment Control Planning and Design Manual (NCESC Design Manual), and the requirements of the NCDEQ Waste Management division. The ESCP was submitted as part of the L.V. Sutton Plant Onsite Landfill Construction Application Report. Construction of the proposed landfill will be conducted in three phases. During and following each phase of construction, surface water will be managed through a series of temporary and permanent controls. Additionally, erosion and sediment controls will be required during each phase of construction. Temporary erosion control measures include features used during construction and operation to direct stormwater away from active areas of the landfill and best management practices (BMPs) used to manage on-site erosion and prevent sediment from leaving the site. List of Figures: Figure 1 Site Topographic Map Figure 2 Site Vicinity Map Figure 3 National Wetlands Inventory Map Figure 4 FEMA Floodplain Map Figure 5 Soils Map Figure 6 Wetlands Features Map i 6 A 4 n Y LeWL ;•,Ants I :IJ Legend Existing Basins Property Boundary Cooling Pond Proposed Landfill Area Notes 1 Basemap Source: Copyright:© 2013 National Geographic Society, i -cubed SITE TOPOGRAPHIC MAP L.V. SUTTON CCR LANDFILL L.V. Sutton Energy Complex Wilmington, North Carolina GeOS lteC NRGY Figure consLtkants PROGRESS 1 Charlotte, NC December 2015 r• Y• �• l .�• f_• I Y 0.75 0.375 0 0.75 1.5 Miles Legend Existing Basins Property Boundary Cooling Pond Proposed Landfill Area Notes 1 Basemap Source: Copyright:© 2013 National Geographic Society, i -cubed SITE TOPOGRAPHIC MAP L.V. SUTTON CCR LANDFILL L.V. Sutton Energy Complex Wilmington, North Carolina GeOS lteC NRGY Figure consLtkants PROGRESS 1 Charlotte, NC December 2015 ;,i Legena Existing Basins Property Boundary Cooling Pond World Transportation Proposed Landfill Area _ AM Notes 1 Basemap Source: Source: Esri, DigitalGlobe, GeoEye, i -cubed, USDA, USGS 04 N 0 0.25 05 0.75 1 Miles SITE VICINITY MAP L.V. SUTTON CCR LANDFILL L.V. Sutton Energy Complex Wilmington, North Carolina Geosyniec` 't ENERGY Figure C0tISLttLajIL,S PROGRESS 2 Charlotte, NC December 2015 PF0314B N .�_ Irk PSS1C-• y �'r� �. r f JI PF01 12F 1 dS' it J. r - „ cN PF01-;'2F + r , "PEMINd egend� -" �. Proposed Landfill Area yw Existing Basins Ct ., Cooling Pond �.qi� =&, y . Wetlands � � '� , �!. ' � �°' PEM1 Pfd WETLANDS t 0, F Estuarine and Marine Deepwater ❑Estuarine and Marine Wetland ❑ Freshwater Emergent Wetland 0.75 0.375 0 0.75 1.5 Mile ❑ Freshwater Forested/Shrub Wetland ❑ Freshwater Pond NATIONAL WETLAND INVENTORY MAP Lake L.V. SUTTON CCP LANDFILL L.V. Sutton Energy Complex Other Wilmington, North Carolina Riverine G( DUKE eOSYClteC 'C ' ENERGY, Figure Notes 1. Basemap Source: World Imagery Consultants PROGRESS Esri - — 3 2. USFWS National Wetland Inventory Map Charlotte, NC December 2015 mm - Legend Proposed Landfill Area Notes 1. Basemap Source: FEMA FIRM Panels FIRM FLOODPLAIN MAP L.V. SUTTON CCR LANDFILL L.V. Sutton Energy Complex Wilmington, North Carolina GeosyTitec clDUKE ENERGY, consLittants PROGRESS Charlotte, NC I December 2015 Figure 4 Custom Soil Resource Report N 3 Soil Map 324300 zbkw 2X'= 75'f'f9a `lU 3351[10 2261CO 35'N 8'35'N �, i!1 I #. u�i 34°10'35'N r 421 1 01 y sygy 1 I 34- 17 11"N - '�'34°1]'11"N 224300 224600 2249110 225200 225500 725890 226100 3 3 Q Map Scale: on A portrait(6.5'" x 11)sheet. m m ..Meters "' N 0 150 300 600 900 F A�m 0 500 1000 2000 300[! Map projection: Web Mercator Comer000rdinabe : WCS%4 Edge tics: UTM Zone 18N WGS84 Legend SOILS MAP L.V. SUTTON CCR LANDFILL L.V. Sutton Energy Complex Wilmington, North Carolina Geos tec �� DUKE Figure `*' ENERGY Notes consultants PROGRESS 1. Basemap Source: Web Soil Survey, USGS. Charlotte, NC December 2015 rj New Hanover Counly, North Carolina (NC129) ltap Unittiyntttal Map Unit Name Acres In AOI Percent of AOI Kr 1SureL samd..$btl ptrpra 342 360% slopes La (Lakeland sand, 1 to B percent 90.3 64.0% cloves ruara For area ounterest idC.4 100.0% r i _434.306704 77.991586 i - I • _ f [Wetland C Isolated Basin 2.247 Acres j Wetland E Isolated Basin 2.96 Acres Wetland D Isolated Basin 1.058 Acres Wetland F Isolated Basin 0.027 Acre Wetland B tt Isolated basin 0.060 Acre Wetland A •''- Isolated Basin - _ 0.218 Acre 34.288360 34.289244 -77.983123 `77.979652 Legend Existing Basins Property Boundary Cooling Pond Study Area - 150 Acres Notes 1. Basemap Source: Source: Esri, DigitalGlobe, GeoEye, i -cubed, USDA,USGS 2. USFWS National Wetland Inventory Map Miles 0 0.25 0.5 WETLAND FEATURES MAP L.V. SUTTON CCR LANDFILL L.V. Sutton Energy Complex Wilmington, North Carolina Geosyntec 't- N RGY� DUKE Figure consultants PROGRESS 6 Charlotte, NC December 2015 LOWER CAPE FEAR UMBRELLA MITIGATION BANK STATEMENT OF CREDIT AVAILABILITY December 17, 2015 TO: Resource Environmental Solutions FROM: Lower Cape Fear Umbrella Mitigation Bank Attn. Cara Conder c/o Land Management Group, Inc. 302 Jefferson Street, Suite 110 3805 Wrightsville Avenue, Suite 15 Raleigh, NC 27605 Wilmington, NC 28403 Applicant: Duke Energy Progress Project: L.V. Sutton Steam Plant — Onsite Landfill Sutton Energy Complex Dear Ms. Conder: Pursuant to your recent credit inquiry, the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) is providing confirmation of the availability of 5.57 non -riparian wetland credits to offset the proposed wetland impacts associated with the Onsite Landfill Sutton Energy Complex at the L.V. Sutton Steam Plant in New Hanover County, North Carolina. The mitigation credits for this project are available at the following fee schedule and corresponding fee discount: Mitigation Type Stream Non- Riparian Wetland Riparian Wetland Credits Reserved Fee Per Unit Fee 0 $390.00 $0.00 5.6 $51,370.00 $287,672.00 0.0 $71,201.00 $0.00 Fee $287,672.00 35% Discount' Total Fee 135% discount if payment received on or before March 31, 2016. ($100,685.20) $186,986.80 LCFUMB will intend to reserve the 5.6 non -riparian wetland credits through March 31, 2016. Reservation of credits will be confirmed through written notice from LCFUMB upon request from Duke Energy and/or its authorized agents. In the interim, LCFUMB will provide Duke Energy the first right of refusal for credit purchase of this quantity and type of credits. The transfer of mitigation credits is contingent upon payment in full according to the fee schedule above. Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate. It is the applicant's responsibility to ensure that the credit types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s) issued. If you have any Lower Cape Fear Umbrella Mitigation Bank Statement of Credit Availability questions or need additional information, please contact me by phone at (910) 452-0001 or by email at coreziosi@a Imgroup.net. Sincerely, Land Management Group, Inc. (agent for LCFUMB) rVr Christian Preziosi Section Manager Lower Cape Fear Umbrella Mitigation Bank Statement of Credit Availability