2020 08 14 Belews Creek HOR Final with Comments

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NCDEQ Coal Ash Impoundment Closure Plan
Decision
Belews Creek Steam Station
Attachment 1: Hearing Officer's Report and Public
Comments
August 14, 2020
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Hearing Officer's Report — Proposed Closure Plan for the Coal Ash
Impoundment at Belews Creek Steam Station
Date: August 14, 2020
Facility: Belews Creek Steam Station
County: Stokes
Owner & Operator: Duke Energy Carolinas, LLC
Purpose
The purpose of this document is to provide an administrative record of the public input process
on the proposed Closure Plan for the subject facility as required by G.S. 130A-309.214(b) of
Session Law 2016-95 House Bill 630 (referred to as the Coal Ash Management Act or CAMA).
Regulatory Background Summary
CAMA required that the North Carolina Department of Environmental Quality (NCDEQ)
develop proposed classifications for all coal combustion residuals surface impoundments,
including active and retired sites, for the purpose of closure and remediation based on these sites'
risks to public health and the environment.
On November 13, 2018, NCDEQ issued a final low -risk classification for the Belews Creek
Steam Station based on the determination that Duke Energy met the requirements of 130A-
309.213(d)(1). On April 1, 2019, NCDEQ further determined that Duke Energy was required to
close the coal combustion residuals (CCR) impoundment at the Belews Creek Steam Station via
excavation per 130A-309.214(a)(3)(a). On April 26, 2019, Duke Energy appealed the
determination that the impoundment should be excavated.
On December 31, 2019, NCDEQ received the proposed Closure Plan for the Belews Creek
Steam Station per the CAMA deadline. Staff from the NCDEQ's Division of Waste
Management; Division of Energy, Mineral, and Land Resources; and Division of Water
Resources reviewed the Closure Plan for completeness and the requirements of 130A-
309.214(a)(4). NCDEQ also received the proposed Corrective Action Plan for groundwater
remediation for the Belews Creek Steam Station. The Division of Water Resources staff also
reviewed the Corrective Action Plan as some of its components are also components of the
Closure Plan.
On December 31, 2019, NCDEQ entered into a Settlement Agreement with Duke Energy and the
Community Groups represented by the Southern Environmental Law Center regarding the
closure of the Belews Creek Steam Station. The Settlement Agreement added further
requirements to the closure efforts and corrective action activities at the site and established
some milestone dates for reporting, corrective action, and closure goals.
On January 31, 2020, the parties to the Settlement Agreement filed a Consent Order with the
Wake County Superior Court. The Consent Order was subsequently signed by Wake County
Superior Court Judge Paul Ridgeway on February 5, 2020.
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Site History/Background Summary
The Belews Creek Steam Station (BCSS) is owned and operated by Duke Energy Carolinas,
LLC (Duke Energy) in Stokes County, North Carolina along Belews Lake, a manmade lake
constructed on Belews Creek in the early 1970s. BCSS is a two -unit, coal-fired power generation
facility that is one of the largest steam plants in the Carolinas, with a capacity of 2,240
megawatts. It began commercial operation in 1974 and is currently in active operation. BCSS
operates one impoundment for storing wet sluiced CCR, which is referred to as the Basin. The
Basin was constructed from 1970 to 1972 and has been operational since 1974. Based on the
Basin boundary delineated by Duke Energy, the boundary containing CCRs that practically
requires closure is about 270 acres in size. Duke Energy has reported an in -place CCR tonnage
of 11.97 million tons as of July 2019 for the Basin. The Basin includes two embankment
structures functioning as dams, known as Ash Basin Main Dam and Pine Hall Road
Embankment Dam, which are regulated by NCDEQ (State ID STOKE-116). Process flows of
CCR waste streams have ceased for the Basin and decanting operations have been initiated to
remove bulk water.
Closure Plan Summary
The closure plan indicates that the nearly all of the coal ash will be excavated. The closure plan
provides that ash shall remain underneath the Pine Hall Road Landfill, which is capped with a
geosynthetic cap and a soil cap. The amount of ash underneath the Pine Hall Road Landfill is
estimated to be no more than 100,000 tons. Approximately 11,870,000 tons of coal ash will be
excavated and transported to an onsite landfill. Closure activities for the Basin have already
begun with the initiation of decanting under the Special Order by Consent. Upon approval of the
Closure Plan by NCDEQ additional actions will commence, including finalization of detailed
designs, dewatering and removal of interstitial water, contracting and detailed planning for the
closure work, development of the new lined landfill partially within the Basin footprint in
conjunction with excavation of the CCR, final grading of the site and landfill, development of
storm water features and vegetative covers, and dam removal. The Basin CCR will be removed
to a new lined landfill, located partially within the footprint of the Basin and adjacent to Pine
Hall Road. The landfill would rise approximately 125 feet above Pine Hall Road. Post -
excavation, the Basin site will resemble the land's valley shape before the Basin was created.
Soil will be graded to restore contours for stormwater flows, then planted with native grasses for
erosion control. The existing Basin dam will be removed and replaced by a small retention dam
for stormwater management. Stormwater will flow to the Dan River.
Public Input Summary
In accordance with the requirements of 130A-309.214(b)(1), the Closure Plan was made
available to the public for review and input on January 17, 2020. A copy of the proposed closure
plan was available to be reviewed at the Stokes County Health Department, Stokes County
Public Library, and at the NCDEQ Winston-Salem Regional Office. The Closure Plan was also
made available online at:
https:Hdeq.nc. gov/news/key-issues/coal-ash-excavationlbelews-creek-steam-station-coal-ash-
closure-plan
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Per 130A-309.214(b)(2)(a), a notice and summary of the proposed Closure Plan was published in
The Stokes News newspaper for three consecutive weeks beginning on January 19, 2020.
Copies of the Notice were provided as required by 130A-309.214(b)(2)(b) and (c). Per 130A-
309.214(b)(4), the 60-day comment period began on January 19, 2020 and ended on March 10,
2020. Comments could be sent to the NCDEQ via email, mail, and oral and/or written
comments submitted during the public hearing.
Public Hearing and Oral Comments Summary
In accordance with the requirements of 130A-309.214(b)(3), a Public Hearing was held on
February 18, 2020 at 6:00 pm in the Walnut Cove Elementary School located at 1211 Walnut
Cove School Road, Walnut Cove, North Carolina. The purpose of the public hearing was to
allow the public to comment on the Belews Creek Steam Station Closure Plan. Interested parties
were able to submit oral or written statements regarding the proposed Closure Plan. Persons
wishing to speak registered at the hearing. Speaking times were allotted per speaker as time
allowed.
Approximately 81 people attended the public hearing including 21 staff members from the
Division of Waste Management; Division of Energy, Mineral, and Land Resources; Division of
Water Resources, and Division of Air Quality, as well as Public Information Officers and the
Hearing Officer. A total of 81 individuals signed the attendance sign in sheets at the hearing.
The Hearing Officer provided opening comments and David Giachini of the Division of Waste
Management gave a brief overview of the Closure Plan. Eleven (11) individuals registered in
advance of the hearing to make comments. One of those individuals did not present any
comments. Speakers had three minutes for initial presentations and additional time was
provided after everyone who registered to speak was finished.
Response to Comments
The North Carolina Department of Environmental Quality (NCDEQ) received three written
comments, and ten oral comments delivered at the public hearing, regarding the Belews Creek
Coal Ash Impoundment Closure Plan (Closure Plan). A discussion of these comments follow.
Comment: One written commenter 1) opposed cap -in -place at the Belews Creek Coal Ash
Impoundment (Belews Creek), 2) expressed concern about the continued leach of contaminants
into the groundwater, 3) expressed concern regarding the sufficiency of future groundwater
monitoring, and 4) requested that the Walnut Cove community be allowed to vote on the
approval or disapproval of the Closure Plan.
Response: The Closure Plan does not allow cap -in -place and requires both the excavation of
the coal ash and also the monitoring of groundwater at Belews Creek. The North Carolina Coal
Ash Management Act (CAMA) requires that Closure Plans be approved by NCDEQ.
Comment: One commenter stated that excavation should be required and that Duke should
pay for the excavation.
Response: The Closure Plan requires excavation of the majority of the coal ash at Belews
Creek. The North Carolina Utilities Commission has statutory authority to determine who will
pay the costs associated with cleanup of coal ash at the site, including those costs associated with
storage of excavated coal ash in a lined landfill. These cleanup costs will be the subject of future
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rate cases before the North Carolina Utilities Commission. The public will have an opportunity
to provide comments during those rate case hearings.
Comment: The Southern Environmental Law Center (SELC), on behalf of Appalachian
Voices, the Stokes County Branch of the NAACP and the North Carolina NAACP, commented
in support of the excavation of coal ash at Belews Creek. The SELC further commented that 1)
all saturated coal ash must be removed and 2) NCDEQ must ensure the protection of Duke
Energy's workers and contractors who are cleaning up the coal ash by requiring Duke Energy to
create a safe working environment with protective equipment.
Response: The Closure Plan requires that nearly all of the coal ash be removed from the
Belews Creek impoundment. Duke Energy will be required to meet all applicable legal statutes
and regulations addressing worker safety at Belews Creek. Generally, the statutory authority to
regulate worker safety laws is vested in state and federal agencies other than NCDEQ.
Comment: Ten persons provided oral comments at the public hearing. Comments included
1) requests for third party monitoring, citing of a loss of trust in Duke Energy; 2) a request for
additional thought and planning for long-term solutions; 3) a request for increased recycling,
along with several expressed concerns about the environmental impacts related to recycling; 4)
requests to transition to "clean" energy sources such as solar and wind energy, and away from
the environmental impacts caused by coal ash and natural gas fracking; 5) requests for the
protection of worker safety for workers addressing coal ash removal; 6) a request for the regular
monitoring and cleanup of all groundwater contamination, including coal ash saturated in
groundwater; 8) a concern that coal ash will not be excavated around the transmission towers; 9)
requests for baseline health monitoring for area citizens, along with regular health screenings for
coal ash workers; and 10) concerns that the law will change and that the execution of the
requirements will be too slow.
Response: The Closure Plan indicates that nearly all of the coal ash will be excavated.
Closure by excavation anticipates that no saturated ash would remain in the ash basin footprint.
Duke Energy will be required to meet all applicable environmental regulatory requirements at
Belews Creek, including monitoring requirements, soil and groundwater cleanup requirements,
as well as all requirements relevant to the recycling of coal ash. Duke Energy will also be
required to meet all applicable legal statutes and regulations addressing worker safety at Belews
Creek. Generally, the statutory authority to regulate worker safety laws is vested in state and
federal agencies other than NCDEQ. The statutory authority to require the use of solar and wind
energy is also vested in state and federal agencies other than NCDEQ. The closure plan provides
that ash shall remain underneath the Pine Hall Road Landfill, which is capped with a
geosynthetic cap and a soil cap. The amount of ash underneath the Pine Hall Road Landfill is
estimated to be no more than 100,000 tons. Approximately 11,870,000 tons of coal ash will be
excavated and transported to an onsite landfill.
Hearing Officer Recommendations
Based on my review of the record and in consultation with subject matter experts in NCDEQ, I
recommend approval of the submitted Closure Plan for the coal ash impoundment located at
Duke Energy's Belews Creek Steam Station located in Stokes County. I conclude that the
Closure Plan is protective of public health, safety and welfare, the environment and natural
resources and otherwise complies with the requirements of CAMA.
0

Gregory W Reeves
August 14, 2020
Greg Reeves, Hearing Officer Date

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Environmental Quality, c/o Louise Hughes 1601 West Jones Street, Raleigh,
NC 27699-1601.

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SOUTHERN ENVIR ON MENTAL LAW CENTER
Telephone [phone] WEST ROSEMARY STREET, SUITE 220 Facsimile 919-929-94
CHAPEL HILL, NC 27516-2356
March 10, 2020
VIA EMAIL AND U.S. MAIL
N.C. Department of Environmental Quality
Louise Hughes
1601 Mail Service Center
Raleigh, NC 27699-1601
[e-mail]
Re: Comments on Closure Plan — Belews Creek Steam Station
Dear Ms. Hughes:
Please find enclosed comments on the Belews Creek Steam Station closure plans. If you have any
questions, please do not hesitate to get in touch.
Sincerely,
Jennifer Doucette
Legal Administrative Assistant
Southern Environmental Law Center
Enclosure
Charlottesville • Chapel Hill • Atlanta • Asheville • Birmingham • Charleston • Nashville • Richmond • Washington, DC

SOUTHERN ENVIRONMENTAL LAW CENTER
Telephone [phone] WEST ROSEMARY STREET, SUITE 220 Facsimile 919-929-9421
CHAPEL HILL, NC 27516-2356
March 10, 2020
VIA EMAIL AND U.S. MAIL
N.C. Department of Environmental Quality
Louise Hughes
1601 Mail Service Center
Raleigh, NC 27699-1601
belewscreekc'[e-mail]
Re: Comments on Closure Plan — Belews Creek
Dear Ms. Hughes:
On behalf of Appalachian Voices, the Stokes County Branch of the NAACP, and the
North Carolina NAACP, we support Duke Energy's plan to excavate the unlined coal ash basin
at Belews Creek in Stokes County.
This result is required by the North Carolina Coal Ash Management Act. As the
Department set out in its April 1, 2019 Closure Determination, the ongoing contamination and
the risks associated with leaving millions of tons of coal ash saturated in groundwater are too
great, and full excavation is the right solution to ensure that groundwater and downstream
surface waters are protected.
The closure plan removes approximately 12 million tons of coal ash from the leaking,
unlined lagoon at Belews Creek and disposes of it onsite in lined, dry storage. This represents an
enormous victory for the Walnut Cove community, which has fought for the safe disposal of coal
ash from Belews Creek for nearly a decade. This solution also restores now to the headwaters of
Little Belews Creek, a tributary of the Dan River that has been buried under the coal ash basin
for decades. Once Duke Energy removes the coal ash, the creek will run freely, without
contaminating the Dan River with coal ash pollution.
We have two requests for the Department:
Each of Duke Energy's coal ash sites contain millions of tons that are saturated in
groundwater, and DEQ must ensure Duke Energy removes all of this ash. Appendix E of the
closure plan states that if Duke encounters ash saturated in groundwater, "[a] plan will be
submitted to NC DEQ by Duke Energy pertaining to the removal of ash if these conditions or
other restricting factors occur." Closure Plan, Appendix E, Section 4.3. Because we already
know that millions of tons of ash are saturated in groundwater at every one of these sites, DEQ
Charlottesville • Chapel Hill • Atlanta • Asheville • Birmingham • Charleston • Nashville • Richmond • Washington, DC
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should require Duke Energy to submit its plan for fully removing saturated ash now, to ensure
the plan is adequate and all saturated ash will be removed.
In addition, DEQ must continue to protect North Carolinians by ensuring the safety of the
workers who are cleaning up the coal ash. DEQ should require Duke Energy to protect its
workers and contractors by creating a safe work environment with protective equipment.
We are grateful to Secretary Regan and the whole Department of Environmental Quality
for your work to implement CAMA and ensure these sites will be cleaned up once and for all.
We fully support this closure plan.
Thank you for your consideration of these comments.
Sincerely,
Nicholas S. Torrey
Senior Attorney
cc: Sheila Holman, Assistant Secretary for the Environment
Bill Lane, General Counsel
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