BF_CCB0052_Coal Ash Structural Fill_2011.12.19

529 Main Street
North Wilkesboro, NC 28659
Blue Rice r 1 I LL p3o6 fl838-2500
J
December 19, 2011
Mr. Martin Fridp
MPG Mooresville, LLC
1151 E. Washington Street, Suite 202
Greenville, SC 29601
Ref: Coal Ash Structural Fill
Port Village Business Park
Mooresville, NC
OEG 2�11'
Purpose
The purpose of this report is to provide a summary of activities and identify potential environmental issues
associated with coal ash structural fill installed at the site.
Site Construction Activities
Duke Power Company submitted a notification to NCDENR of its intent to install coal combustion by-
products as structural fill at the site for use as a beneficial use. The CCR was generated at the Duke Energy
Marshall -power plant or-NCHwy-150-appr-oximatel-y-6--miles-west of-the--site—A-T-oxicity-Cha-r�c�er-istic
Leaching Procedure (TCLP) laboratory analysis report was included which reported a sample of
representative material to have metal concentrations below regulatory limits, including Mercury, Cadmium
and Arsenic. The notification included an Acknowledgement and Consent from Port Village Association,
listing B.V. Belk as Managing General Partner. NCDEHNR, now NCDENR, Solid Waste Management
Division, Solid Waste Section Chief, Dexter R. Mathews approved the installation of coal ash structural fill
at the site on April 10, 1996. On March 31, 1997 Duke Power Company reported to NCDENR that it was
the constructor of the coal ash fill project at Port Village Business Park which started in January 1997,
scheduled for completion in August 1997. On September 26, 1997 Duke Power Company informed Mr.
Tom Scott of Belk Investments, Inc. that the project would be completed October 3, 1997 and under the
terms of their agreement it was the responsibility of the owner to comply with NCDEHNR Solid Waste
Management Rules including deed recordation and certification of closure by a professional engineer. Duke
Power Company reported that 357,728 tons of ash was placed at the site including 325,662 tons of silo ash
and'32,066 tons of pond ash. On November 4, 1997 Ground Technology, Inc. provided a fill compaction
report to Duke Power Company which reported that all test results met or exceeded 95% of the standard
Proctor. A Lowe's home improvement warehouse retail store was constructed at the site in 1998. BRE
performed subsurface investigation within the project limits in October 2011. Coal ash was encountered
within all of the borings to depths ranging from approximately 12 to 47 feet below the ground surface.
Results of the investigation are included in a Geotechnical Report and Engineering Analysis of Subsurface
Exploration dated November 30, 2011.

Page 2 of 4
December 19, 2011
Evaluation by Others
A Phase I ESA report was issued by Ground Engineering Solution, Inc. on May 10, 2000. The report did
not reveal any recognized environmental condition of the subject property. On December 18, 2001 Ground
Engineering Solutions, Inc. provided results of a TCLP analysis performed on a sample of the ash fill taken
November 6, 2001. The report states the "test results did not indicate that any volatiles, semi-volatiles,
pesticides, herbicides, or metals leached from the ash waste in the TCLP test. The test indicates that the ash
waste can be classified as non -hazardous." On December 19, 2001 Ground Engineering Solutions, Inc.
issued a report of Technical Review of Coal Ash Structural Fill. This report indicates that the ash fill may
not meet some requirements of NCDEHNR regulations including. possible inadequate separation from the
groundwater table; inadequate cover soil; no record of closure certification; and no deed recordation.
North Carolina Department of Environment and Natural Resources (NCDENR) File
On December 23, 2009 an audit was performed by Mr. Charles T. Gerstell, NCDENR, Division of Waste
Management, Solid Waste Management Section, Environmental Senior Specialist. A Notice of Violation(s)
was issued to Lowes Home Centers, Inc. which requested that Lowes submit a closure certification signed
and sealed by a registered professional engineer and that Lowes file a statement of the volume and location
of coal combustion by-products with the Register of Deeds. On September 23, 2010 Lowe's Home Centers,
Inc. recorded a notification of structural fill facilities in Deed Book 2082, Page 2170 in the Iredell County
Registry which states the volume of ash placed on the property is approximately 397,728 tons. BRE
contacted Mr. Gerstell and requested an update on the status of the file. Mr. Gerstell reported it was his
understanding that the corporation that owned the property at the time the coal ash was placed on site had
____been_dissolved_and_that-NCDENR_may -or--may_._not-require-additional action -since no -closure -certification-__
has been received. A formal response from NCDENR was not available at the time of this report. Use of
the property is subject to the conditions identified under NCAC Title 15A, Subchapter 13B, Section .1700
"Requirements for Beneficial Use of Coal Combustion By -Products".
United State Environmental Protection Agency (EPA)
On June 21, 2010 the United States Environmental Protection Agency (EPA) issued notice in the Federal
Register, Vol. 75, No. 118 (40 CFR Parts 257, 261, 264 et al.) that EPA was reevaluating its August 1993 and
May 2000 Regulatory Determinations regarding Coal Combustion Residuals (CCRs) generated at electric
utilities. In the May 2000 determination, EPA concluded that disposal of CCRs did not warrant regulation
under the Resource Conservation and Recovery Act (RCRA) subtitle C as a hazardous waste, but did
warrant federal regulation as a solid waste under subtitle D of RCRA. However, EPA never issued federal
regulations under subtitle D of RCRA for CCRs. Since 2000, EPA has evaluated 67 cases of alleged damage
from mismanagement of disposal of CCRs. EPA identified 40 cases as having potential damage to
groundwater or surface water. EPA concluded it has documented evidence of proven damage to
groundwater or surface water in 27 cases. EPA states that CCRs contain contaminants like Mercury,
Cadmium and Arsenic that, without proper protections, can leach into groundwater. EPA is proposing
national rules concerning management of disposal of coal ash.

Page 3 of 4
December 19, 2011
Summary of Findings
•s• No closure certification has been issued by a registered professional engineer for the coal ash fill
project. It is unclear whether NCDENR currently considers this site to be in violation of NCAC
Title 15A, Subchapter 13B, Section .1700. NCDENR has not "closed out" its file for this project
and may require additional action.
EPA reports that CCRs contain contaminants and the agency has documented evidence of proven
damage to groundwater or surface water from 27 cases nationwide. EPA has proposed rules, which
are currently pending, which would require liners, groundwater monitoring, and corrective action if
any contamination detected.
':' Test results provided by others for the coal ash at this particular site reported TCLP concentrations
below regulatory limits.
':' No groundwater samples have been obtained at the site to confirm the presence or absence of
contaminants in the groundwater.
Recommendations
1. Request a closure certification be provided by the "constructor or operator" as required by
NCAC Title 15A, Subchapter 13B, Section .1706.
2. Request a letter from NCDENR stating there is "No Further Action" required concerning
possible violations of NCAC Title 15A, Subchapter 13B, Section .1700.
3. Submit to NCDENR a Brownfields application, as a prospective developer under the
Brownfields Property Reuse Act, demonstrating the property is underutilized due to possible or
perceived environmental contamination with potential of environmental cleanup liability.
4. Perform TCLP testing of coal ash samples taken from the site.
5. Install groundwater monitoring wells at the site and analyze groundwater samples to confirm the
presence or absence of groundwater contamination.
6. Monitor the EPA rule adoption process.

Page 4 of 4
December 19, 2011
Closing
Information provided in this report is based upon the review of available documents and information
provided by others. No environmental assessment can wholly eliminate uncertainty regarding the potential
for environmental issues associated with a property. Information and recommendations provided in this
report are intended to reduce, but not eliminate, uncertainty regarding environmental issues associated with
coal ash structural fill at this property.
For the Firm,
Blue Ridge Engineering PLLC
Z�lttiili ttPfl��EII
f �tf 245yc
fi16°Ff11.!p7tH1f�'111v��g4.�y�
C. Neil Shepherd, PE, PLS
Principal
Attachments:
— ----- --1Now--fication of -Coal Ash Structural Fill ---------___--
2. NCDENR Approval of Proposed Coal Ash Structural Fill
3. Letter Referencing Duke Power Closure Certifications
4. Letter Requesting Closure Certification
5. Compaction Testing Report
6. Laboratory Analysis of Ash Fill
7. Technical Review by Ground Engineering Solutions
8. NCDENR Audit Report and Notice of Violation
9. Recordation of Structural Fill Facilities
10. NCAC, Title 15A, Chapter 13, Section .1700

ti
vFILL I
IF
I IN N IF
1 IF It IF I
11
Z f 41
!tIII, IN
i `
i
} IF Net . %le I LIP ✓_, f
say „ . y
� tIN F
�,1 ( f
/� f `� {11
:
FF )ILI r r YF
FF �' I c�� r i s IN I
N IF
1} f f
t ( FINN _
�l hfee. I �1-1IN f IF I Fit IF
j f�IN
NI jIF I FILL, j
� j jf '. f I IF
r ( c "
IF
�i�(^. for rA `'`/) IF Fr- l ``t .f IFF FILL IN if
IF
� f 11 IN 41
_. _' .l fr;
f `" 11 IN
"1 lii 1 ,k '' r Rl.r'� �' 1
' J a .;
IF " !�� r �.,if
4 IN �S; lIF
:.NNI
3s r lilt (IMAl4af 1 — - .-q{ ' �i IF
f, . �` I
IN I 1
r f hJ
1 IF
�t
+. `, ,� c��,:J 3 IF ' it A r^R 1 AcY kVf ,1 .� !+ +( S; a. irICrPIa 1.N IF ' y f, 1( I y✓l
LA 1 fire' I IF
`
I.r7I}�Y I
4IF
-- r yy , Mlatfer}ij' \ � 4+,
rr q: y"+l { at} I IFPNI �.. 1 '."' j �- T8€M1�h' Y.r ji 1 lY
%� �.Uyi J dr ILL
.` 'Ithet �, �1 �,v NFL, I,676' i f 7 ' ( I - .i i �� �j i%
IN Ii ! yJet
F t ( �l
�r SITE ,+�IF
r r ;T. :l �. Z :-5 �� ( It
+
It I ' r !
�rt
/. r �,J '
IF
IN If'r
Nee, I 1" f ��IF NFL IF IF I
�� /
3 � : , V / �t
\ '; j 11 ldf& ) h ruatoarSchi'j !
11FILL j L4 .r Y ii
t t �fi� 6IF
r FIF Fee I it
a 2 i
IF
rih mean Chnpcl x\ �j1 IF NNI
�� �,� %'J c9 ""1' }—....-,_� NFLwit IF
... ate,. �� . It It r LFIN
NIN Lie N. ILI
TT
IN
t! j l a/ r
( yIF ILN3 �.. r-,
1 % ' ,�� 1
FILL t
Lt. J 1 1 ' 11 FILLi \ itIF 1 4 if
{ W1L6QN
" A It INN
�; �` . C' 1 . -11 :;q r . l ; � ■ r i t Y -< � ...
If FIt— If�� V �i { _FILL F, IFagIN IT `� IF
r
` I;�F IF ( L as' r t q rI FILL,
k Off; s—
IF IF ILL.` -- �' r�� J + -itanr f rlILI {r
`tFI IF ti
FILL
i''N. ! i i _ 1I IN i +' t GoYf"j. ,�/! �I+ i A `.qr f
_� � Ne
)�\. �Ar
�I IN you �,' Co, se c+^f �FNIF
f t� off "Fe
IF
r' IF Fee I h. i f If y 1 ( 0 el,
IF Lett
L_L Few
i = r.
If./ Fi-Ink 4
;FILL: Lr
I� TARGET QUAD
N NAME: MOORESVILLE
�'I MAP YEAR: 1993
SERIES: 7.5
SCALE: 1:24000
SITE NAME: Proposed Hobby Lobby
ADDRESS: 509 River Highway
Mooresville, NC 28117
LAT/LONG: 35,5928 /-80.8639
CLIENT: Blue Ridge Engineering, PLLC
CONTACT: Laura L. Shepherd
INQUIRY#: 3210130.4
RESEARCH DATE: 11118/2011