Attch 4_Compliance With CAMA Letter 20190122_20190603

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
January 22, 2019
VIA Electronic Mail and US Mail
Mr. George Hamrick
Senior Vice President
Duke Energy
400 S. Tryon Street
Mail Code ST06A
Charlotte NC, 28202
NORTH CAROLINA
Environmental Quality
RE: Riverbend Steam Station, Gaston County, Demonstration of Compliance with Part II, Section
3(b) of the Coal Ash Management Act of 2014 (Session Law 2014-122)(CAMA).
Dear Mr. Hamrick:
This letter is in response to the request by Duke Energy on December 17, 2018 for clarification as
to the documentation desired by the Department of Environmental Quality ("Department") to
demonstrate compliance with the closure requirements of Session Law 2014-122, including CAMA
as amended by Session Law 2016-95, for the Riverbend Steam Station. Session Law 2014-122
contained a provision in Section 3(b) which directed that certain coal combustion residual (CCR)
surface impoundments shall be deemed high priority and that they be closed no later than August
19 2019 in accordance with Section 3(c) of the law. The Riverbend Steam Station is one of the four
facilities deemed high priority. Section 3(c) directs that the impoundment be closed by
dewatering and removal of all CCR. The CCR must be sent to a properly permitted landfill or
structural fill.
In December 2017, Duke Energy prepared coal ash excavation and sampling plans which are
entitled Riverbend Steam Station, Coal Ash Excavation Plan. The plans provide the framework for
Duke Energy's coal ash removal efforts as well as the documentation of ash removal.
To demonstrate compliance with Session Law 2014-122's closure requirements Duke Energy shall
prepare a report and submit it to the Department. The report shall contain:
1. A narrative describing where the coal combustion residuals were taken for ultimate
handling and the amounts, in tons, sent to each permitted facility; and
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North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200

January 22, 2019
Mr. George Hamrick
Riverbend Demonstration of Compliance
Page 2 of 2
2. A report, signed by a registered engineer, licensed geologist or licensed soil scientist
that describes the sampling plan, frequency and locations, the results of the visual
observations, any documenting photographs as specified by the sampling plan, and
documentation or remedial action and resampling for any areas that did not receive
approval in the first round of the tests. The report shall demonstrate that the
Department's Soil Closure Guidelines dated November 4, 2016 have been meet.
The Department shall determine if the report is complete within 30 days of receipt. Within 30
days of receipt of a complete application the Department shall provide the company with written
acknowledgement of whether Duke Energy has complied with Section 3(b) and 3(c) of Session
Law 2014-122.
Duke Energy is expected to comply with other closure requirements as stipulated by CAMA,
including development of a site Closure Plan and Groundwater Corrective Action Plans in addition
to continued groundwater monitoring.
If there are any questions please do not hesitate to contact me at 919-707-8281, or by email at
ed.musslerOncdenr.gov.
Sincerely, Digitally signed
by Edward F.
4 Mussler III, P.E.
Date: 2019.01.22
Edward F. Mussler III, P.E. 08:24:27-05'00'
Section Chief, Solid Waste Section
Cc: Duke- Dave Renner, John Toepfer
DEQ- B. Lane, S. Holman, F. Benzoni, J. Risgaard, L. Frost
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North Carolina Department of Environmental Quality I Division of Waste Management
217 West }ones Street 1 1646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200