CCB0053_DENR correspondence_20010213

North Carolina
Department of Environment and Natural Resources
Division of Waste Management
Michael F. Easley, Governor
William G. Ross Jr.; Secretary February 13, 2001
William L. Meyer, Director
Mr. Dean Johnston
Ash Basics Company
128 East Plaza Drive
Mooresville, NC 28115
Subject: Notification of a proposed Coal Combustion By -Products (CCBs) Structural Fill
project in Iredell County near Mooresville, NC. This site is intended to be used
for an entertainment facility to be known as Race Park USA. The estimated start
and completion dates are yet to be determined due to required supplementary
information and changes outlined in this letter.
Dear Mr. Johnston:
This is to acknowledge our January 26, 2001 receipt of your notification letter dated January 23,
2001 on the subject proposed structural fill project. Your letter states an estimated first ash
placement date for this project of February 24, 2001. This is inappropriate since Rule .1703(a)
states that "a minimum of 30 days before using coal combustion by-products in structural fill
projects, the person proposing the use shall submit a written notice to the Division".
Since we received your Notification letter on January 26, the Division has until at least February
25 to acknowledge your letter and inform you if your proposal satisfactorily meets the
requirements set forth in the 15A NCAC 13B Section. 1700 Rules. However, if all details
contained in your initial letter plus any inclosures are not acceptable as received (such as is the
case in your January 23 letter), the 30 day period clock starts again when the Division receives
whatever additions and amendments are specified in the Division's initial response letter. The
rules questions that are sited in the following paragraphs in this current letter are typical of the
type of clarifications, changes or additions that require a follow-up letter from the person
proposing this CCBs usage. Therefore, please understand that no CCBs should be placed on
this proposed site until you have received an acknowledgment letter from the Division
stating that the information supplied by you meet the requirements of the .1700 rules.
The previous paragraph demonstrates how the timing of a project is delayed when there are
changes, additions or explanations required after the notification letter is received. In this case, a
revised estimated date of starting will be required and also it will be necessary to provide an
estimated date of completion as specified in Rule .1703(a)(2). These dates will be dependent on
the following items being satisfactorily answered or provided.
1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone: 919 —733-0692 \ FAX: [phone]\ Internet: ,vww.enr.statc.nc.us/
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER

Mr. Dean Johnston
February 13, 2001
Page 2
1. Referring to the submitted Dowell & Co. Drawing identified as Cross -Section "A" -
Profile, the .1704 Siting Rules are quoted and it is stated that those specified
requirements will be satisfactorily met. Rule .1704(a)(1) specifies that no CCBs shall be
placed "within 50 horizontal feet of a jurisdictional wetland unless after consideration of
the chemical and physical impact on the wetland, the U. S. Corps of Engineers issues a
permit or waiver for the fill". A review of the "Lake Norman North, NC: National
Wetlands Inventory-U. S. Dept. Of The Interior" snap, indicates that a possible wetland
feature may exist on the property. In your next Notification letter, please respond to the
following question. Has a wetlands survey been performed at the site to determine the
presence of a wetland feature or if wetland conditions exist at the site?
2. Please refer to Rule .1704(a)(3). We would like for you to state to us in your next
notification letter that you are satisfied that no CCBs are to be placed within two feet of
the seasonal high groundwater table on the site. This, we assume, will be based at
minimum on: (a) the contents of the January 25, 2001 letter from Ground Technological
Services Inc., a copy of which was submitted, (b) based on your knowledge as to where
on the site their six 2.5 foot deep, hand augered probes were made, and (c) based on your
knowledge as to the time of year they did those probes.
3. Siting Rule .1704(a)(4) specifies that no CCBs used as a structural fill shall be placed
within 100 horizontal feet of any source of drinking water, such as a well, spring or other
groundwater source of drinking water. The 8.5 X 11 inch LAKE NORMAN NORTH
QUADRANGLE North Carolina, 7.5 Minute Series (Topographic) map submitted shows
a dwelling or house just to the northeast of the site. Is there a well or drinking water
source associated with that house or building?
4. The same Dowell & Co. Drawing (Cross Section "A" Profile) continues and attempts to
quote the .1706 rules for Closure. However, the (a) and (b) rules given for Closure on the
drawing are actually repeats of the Siting rules rather than the Closure rules (a) and (b).
This needs to be corrected on the drawing.
Please refer to .1705(1). This states that "coal combustion by-products utilized on an
exterior slope of a structural fill shall not be placed with a slope greater than 3.0
horizontal to 1.0 vertical. Again referring to the same drawing, cross section "A"
indicates that earthen cover with 2.0 horizontal to 1.0 vertical slope will be placed over
ash fill. The drawing should indicate that the coal ash be constructed with 3:1 slopes to
avoid non-compliance with the rules.
6. Enclosed please find a Drawing by Jim Barber showing two additional cross sections of
the site identified as Sections B-B and C-C. These show that the existing grade of the
project site has 80 linear feet and 287 linear feet respectively of the site that does not
require ash fill to bring those areas approximately up to the desired grade.

Mr. Dean Johnston
February 13, 2001
Page 3
However the Ash Fill Plan drawing shows those areas to be included in the planned ash fill
area. Please explain this discrepancy in your next Notification Letter.
If you have any questions about this letter, please telephone Bill Hocutt at 919-733-0692,
extension 260.
ncerely,
James C. Coffey, Permitting Supervisor
Solid Waste Section
cc: Jim Barber
Brent Rockett
Anthony Foster
Bill Hocutt
c:/wp6docs/letters/dukepwr 02-13