NC0005088_Cliffside-Rogers letter (prioritization)_20181113

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Paul Draovitch
Senior Vice President
Environmental, Health & Safety
Duke Energy
526 South Church Street
Mail Code EC3XP
Charlotte, North Carolina 28202
NORTH CAROLINA
Environmental Quality
November 13, 2018
Subject: Final Classification of the Three Coal Combustion Residuals Surface
Impoundments located at Duke Energy's James E. Rogers Energy Complex
(formerly Cliffside Steam Station), Rutherford and Cleveland County, NC,
Pursuant to N.C. Gen. Stat. § 130A -309.213(d)(1).
Dear Mr. Draovitch:
Pursuant to the Coal Ash Management Act (HB 630, Session Law 2016-95), the North Carolina
Department of Environmental Quality (NCDEQ) has determined that Duke Energy has met the
low-risk classification criteria set forth in N.C. Gen. Stat. § 130A -309.213(d)(1) for the three
coal combustion residuals surface impoundments, called the Active Ash Basin, Units 1-4
Inactive Ash Basin, and Unit 5 Inactive Ash Basin, located at Duke Energy's James E. Rogers
Energy Complex (formerly Cliffside Steam Station) in Rutherford and Cleveland County, NC.
NCDEQ makes the following specific findings:
1. Duke Energy has established permanent water supplies as required for the above
referenced impoundments pursuant to N.C. Gen. Stat § 130A -309.211(c1). See Exhibit 1
(Duke Energy Alternate Water Supply Submittal), Exhibit 2 (Alternate Water Supply
Supplemental Documents), and Exhibit 3 (NCDEQ Alternate Water Supply Approval);
and
2. Duke Energy has rectified any deficiencies identified by, and otherwise complied with
the requirements of, any dam safety order issued by the Environmental Management
Commission for the above referenced impoundments pursuant to N.C. Gen. Stat. § 143-
215.32. Specifically, NCDEQ has verified through inspection that Duke Energy has
rectified all deficiencies identified by Dam Safety Order 16-01 (issued on August 22,
2016) at Duke Energy's James E. Rogers Energy Complex. See Exhibit 4 (Dam Safety
Order 16-01), Exhibit 5 (Dam Inspection Reports), Exhibit 6 (October 3, 2018 DEMLR
NORM G1RC3 MJ�� /
raRof(Fanrt.�GrI0.wmm
North Carolina Department of Environmental Quality
217 West Jones Street 11601 Mail Service Center I Raleigh, North Carolina 27699-1601
919.707.8600

Letter Regarding Dam Safety Order 16-01 Compliance Status), and Exhibit 7 (October
10, 2018 EMC Meeting Minutes).
Based upon the determinations above and in accordance with the Coal Ash Management Act,
NCDEQ classifies the three coal combustion residuals surface impoundments, called the Active
Ash Basin, Units 1-4 Inactive Ash Basin, and Unit 5 Inactive Ash Basin, at Duke Energy's
James E. Rogers Energy Complex as low-risk.
If you have any questions about NCDEQ's determinations provided in this letter, please contact
me at [phone].
Sincerely,
a, -q. C. )m,,
Sheila Holman
Assistant Secretary for Environment
cc: Linda Culpepper, NCDEQ, Director, Division of Water Resources (no attachments)
Michael Scott, NCDEQ, Director, Division of Waste Management (no attachments)
Toby Vinson, NCDEQ, Director, Division of Energy Mineral and Land Resources (no
attachments)
Bill Lane, NCDEQ, General Counsel (no attachments)
NCDEQ Central File
DIEQ
9�M6n4rwhgY yyl4
North Carolina Department of Environmental Quality
217 West Jones Street 11601 Mail Service Center I Raleigh, North Carolina 27699-1601
919.707.8600