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Home My WebLink About7305_Mayo_REVISED_Table10-1_FID1389553_20200206KE ENERGY, February 6, 2020 HAND DELIVERY AND ELECTRONIC MAIL Ms. Shelia Holman Assistant Secretary North Carolina Department of Environmental Quality 1611 Mail Service Center Raleigh, NC 27699-1611 RE: Ash Basin Closure Plans — Revision Allen Steam Station Belews Creek Steam Station Cliffside Steam Station/Rogers Energy Complex Marshall Steam Station Mayo Power Station Roxboro Power Station Dear Ms. Holman: George T. Hamrick Senior Vice President Coal Combustion Products 400 South Tryon Street ST06A Charlotte, NC 28202 Phone., 980-373-8113 Email. george.hamrick@duke-energy.com In accordance with the requirements of North Carolina General Statues § 130A-309. 214(a)(4), Closure of Coal Combustion Residuals Surface Impoundments, and the requirements of the Settlement Agreement, Duke Energy provides revisions to the Basin Closure Plans submitted on December 31, 2019 and January 30, 2020 for the subject stations. This revision consists of an updated Appendix D, Closure Plan Drawings, for the Cliff side Steam Station and the Roxboro Power Station and an updated Table 10-1, Regulatory Permits, Approvals, or Requirements for Basin Closure by Excavation, for each of the subject closure plans. Duke Energy remains committed to safely and permanently closing basins in ways that continue to protect people and the environment and welcomes the opportunity to work constructively with NCDEQ to move forward. Respectfully submitted, Georg . Hamrick Senior Vice President NCDEQ cc: damsafety@ncdenr.gov, deq.coalash@ncdenr.gov, Ed Mussler, Steven Lanter, Toby Vinson Duke Energy cc: Jessica Bednarcik, Dave Renner, Dan Mc Rainey, Jim Wells, Ed Sullivan, Michael Kafka, Randy Hart Table 10-1 Mayo Steam Electric Plant Regulatory Permits, Approvals, or Requirements for Basin Closure by Excavation Permit/Approval Existing Type of Regulatory Regulating Permit No. Approval Mechanism General Permit Name or Subject Agency (if applicable) or Not Required Comments Permit modification Permit modification likely due to the increased Air Quality NCDEQ likely heavy equipment vehicle traffic and potential dust generated during closure activities Building Permit Person New Permit A local building permit is required for installation of County construction trailers Modification or abandonment of CAMA program CAMA Monitoring Plan NCDEQ Written NCDEQ DWR monitoring wells require the approval of the approval Division of Water Resources (DWR) CCR Impoundment Closure US EPA CCR Rule Self Regulating Required postings to Public Record CCR Impoundment Monitoring US EPA Self Regulating Maintain CCR GW monitoring network and Network CCR Rule requirements as stated in 257.90 - 257.98 Clean Water Act 401 NCDEQ IP permit IP likely to be required for impacts to jurisdictional areas Clean Water Act 404 USACOE IP permit IP likely to be required for impacts to jurisdictional areas Closure Plan NCDEQ Per CAMA Cutting Trees DEMLR E&SC plan include in E&SC plan approval Permitting is required to modify or abandon wells PERSO-035, Certificate of Approval and instrumentation on regulatory dams through Dam Safety NCDEQ PERSO, 036, to Modify the Division of Energy, Mineral, and Land Resources PERSO-037 (DEMLR) Final approval after abandoning wells and instrumentation on regulatory dams through the Dam Safety NCDEQ PERSO-035, PERSO-036, Certificate of Final Division of Energy, Mineral, and Land Resources PERSO-037 Approval (COFA) (DEMLR) in accordance with the Dam Safety Law of 1967, 15A WAS 02K.0220. Ash Basin Dam - Permitting is required to modify and remove the dam in accordance with the Dam Certificate of Approval Safety Law of 1967, § 143-215.27 and § 143- Dam Safety NCDEQ PERSO-035 to Modify and 215.27A (where applicable) and the Dam Safety Remove General Provisions, 15A WAS 02K.0201 (b)(2); an application must be filed with the Division of Energy, Mineral, and Land Resources (DEMLR) Final approval after modifying to remove the Ash Dam Safety NCDEQ PERSO-035 Certificate of Final Basin Dam through the Division of Energy, Mineral, Approval (COFA) and Land Resources (DEMLR) in accordance with the Dam Safety Law of 1967, 15A WAS 02K.0220. FGD Settling Pond Dam - Permitting is required to remove the dam in accordance with the Dam Safety Certificate of Approval Law of 1967, § 143-215.27 and § 143-215.27A Dam Safety NCDEQ PERSO-036 (where applicable) and the Dam Safety General to Remove Provisions, 15A WAS 02K.0201 (b)(2); an application must be filed with the Division of Energy, Mineral, and Land Resources (DEMLR) Final approval after to remove the FGD Settling Dam Safety NCDEQ PERSO-036 Certificate of Final Pond Dam through the Division of Energy, Mineral, Approval (COFA) and Land Resources (DEMLR) in accordance with the Dam Safety Law of 1967, 15A WAS 02K.0220. FGD Flush Pond Dam - Permitting is required to remove the dam in accordance with the Dam Safety Certificate of Approval Law of 1967, § 143-215.27 and § 143-215.27A Dam Safety NCDEQ PERSO-037 (where applicable) and the Dam Safety General to Remove Provisions, 15A NCAS 02K.0201 (b)(2); an application must be filed with the Division of Energy, Mineral, and Land Resources (DEMLR) Final approval after to remove the FGD Flush Pond Dam Safety NCDEQ PERSO-037 Certificate of Final Dam through the Division of Energy, Mineral, and Approval (COFA) Land Resources (DEMLR) in accordance with the Dam Safety Law of 1967, 15A WAS 02K.0220. Not anticipated at this Utilization of or modification to state or federal DOT - General highways to transport CCR will require consultation time or notification to relevant DOT agency Driveway Permit NCDOT Potential Temporary access or driveway permits as needed Land disturbance activities outside of the ash basin will exceed one acre, therefore in conformance NCDEQ with 15A NCAC 04, an E&SC Permit is required from Erosion and Sediment Control and New Permit Land Quality prior to commencement of (E&SC) Person construction in those areas. Note that land County disturbance includes tree clearing and grubbing and vehicular wheel or tracking as disturbance. Removal from or import of material could be Fire Ants Restriction not likely restricted dependent on the potential for fire ants and geographic regions involved Flood Damage Prevention Ordinance of Person County, Article 3 General Provisions, Section C, Floodplain Development Person New Permit requires a Floodplain Development Permit prior to County any development activities within FEMA mapped Special Flood Hazard Areas for the Flood Insurance Rate Maps Permits are required to construct any water supply Large Capacity Water Supply Well NCDEQ Not anticipated at this well or water well system with a design capacity time equal to or greater than 100,00 gallons per day - for dewatering outside of the ash basin Multi -State Agreement Not anticipated at this If movement of CCR will cross state lines, multi - time state regulations might apply NPDES (National Pollution Discharge Permit modification Modification of NPDES may be necessary if new Elimination System) NCDEQ NC0038377 likely source or outfall is created. NPDES (National Pollution Discharge Revision to existing sitewide permit or new permit Elimination System) Industrial NCDEQ Permit revision likely may be required for access roads, staging areas, Stormwater etc. NPDES (National Pollution Discharge NCDEQ New Permit possible Permit required for temporary and permanent Elimination System) Stormwater stormwater rerouting. Not anticipated at this Removal from or import of vegetated material Noxious Weeds could be restricted dependent on the vegetation time and geographic regions involved Railroad Easement, Access, or Not anticipated at this Construction activities adjacent to tracks/ballast or a new railroad crossing require an agreement or Crossing Permit time permit SPCC (Spill Prevention Control and Modification of In accordance with the Federal Water Countermeasure) Plan NCDEQ existing plan Pollution Control Act (Clean Water Act) of 1974, Title 40, Code of Federal Regulations, Part 112. Threatened or Endangered Species: Federal and/or state regulations may apply Candidate Conservation Agreement Consultation will be including agency consultation and performing site - Avian Protection Plan(s) NCDEQ covered in the specific surveys within the proper survey period Bird and Bat Conservation Strategies and EPA 404/401 permitting (e.g., flowering period for listed plant) to determine Eagle Conservation Plan process if Threatened or Endangered Species or their Eagle Take Permit habitat exist within the limits of disturbance Solid Waste Site Suitability NCDEQ Approval by Letter New CCR Landfill Solid Waste Permit to Construct NCDEQ Permit New CCR Landfill Solid Waste Permit to Operate NCDEQ Permit New CCR Landfill County Approval - zoning Person County New CCR Landfill, requires Special Use Permit