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Home My WebLink About8503_BelewsCreek_REVISED_Table10-1_FID1389560_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 BCSS Regulatory Permits, Approvals, or Requirements for Basin Closure by Excavation Permit/Approval Type of Regulatory Existing General Permit Name or Permit No. Approval Mechanism Subject Regulating Agency (if applicable) or Not Required Comments Permit modification Permit modification likely due to the increased heavy Air Quality NCDEQ 01983 likely equipment vehicle traffic and potential dust generated during closure activities Building Permit Stokes County New Permit A local building permit is required for installation of construction trailers Written NCDEQ DWR Modification or abandonment of CAMA program CAMA Monitoring Plan NCDEQ approval monitoring wells require the approval of the Division of Water Resources (DWR) CCR Impoundment US EPA Self -Regulating Required postings to Public Record Closure CCR Rule CCR Impoundment US EPA Self -Regulating Maintain CCR GW monitoring network and requirements Monitoring Network CCR Rule as stated in 257.90 - 257.98 USACE and It is anticipated that an individual permit will be required Clean Water Act 401 NCDEQ DWR 401 in relation to dam breaching and associated downstream Water Quality impacts. Permitting Section It is anticipated that an individual permit will be required Clean Water Act 404 USACE in relation to dam breaching and associated downstream impacts. Applicable and to be Erosion and sediment controls, natural habitat, and Cutting Trees covered as part of endangered species considerations. other permits Certificate of Approval Permitting is required to modify or abandon wells and Dam Safety NCDEQ STOKE-116 to Modify instrumentation on regulatory dams through the Division of Energy, Mineral, and Land Resources (DEMLR) Final approval after abandoning wells and instrumentation on regulatory dams through the Division Dam Safety NCDEQ STOKE-116 Certificate of Final of Energy, Mineral, and Land Resources (DEMLR) in Approval (COFA) accordance with the Dam Safety Law of 1967, 15A NCAS 02K.0220. Ash Basin Dam - Permitting is required to modify and remove the dam in accordance with the Dam Safety Law Certificate of Approval of 1967, § 143-215.27 and § 143-215.27A (where Dam Safety NCDEQ STOKE-116 to Modify and Remove applicable) and the Dam Safety General 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 modifying to remove the Ash Basin Dam Safety NCDEQ STOKE-116 Certificate of Final Dam through the Division of Energy, Mineral, and Land Approval (COFA) Resources (DEMLR) in accordance with the Dam Safety Law of 1967, 15A NCAS 02K.0220. Pine Hall Road Embankment Dam - Permitting is required Certificate of Approval to remove from being a regulated dam in accordance Dam Safety NCDEQ STOKE-116 to Remove from being with the Dam Safety Law of 1967, 15A NCAS 02K.0201 a Regulated Dam (b)(2); an application must be filed with the Division of Energy, Mineral, and Land Resources (DEMLR) Certificate of Final Final approval for Pine Hall Road Embankment Dam to be Dam Safety NCDEQ STOKE-116 Approval (COFA) removed from being a regulated dam in accordance with the Dam Safety Law of 1967, 15A NCAS 02K.0220. Not anticipated at this Utilization of or modification to state or federal highways DOT - General time to transport CCR will require consultation 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 with 15A Erosion and Sediment NCDEQ and NCAC 04, an E&SC Permit is required from Land Quality Control (E&SC) Stokes County New Permit prior to commencement of construction in those areas. Note that land disturbance includes tree clearing and grubbing and vehicular wheel or tracking as disturbance. Removal from or import of material could be restricted Fire Ants Restriction not likely dependent on the potential for fire ants and geographic regions involved The Stokes County Zoning Ordinance, Section 93 Floodplain District, establishes the use of the FEMA NFIP maps as the designated maps for purposes of development permits required for construction within Floodplain Development Stokes County New Permit the Floodplain District. Changes in the hydrologic and hydraulic parameters within the drainage divide as a result of the Ash Basin closure will result in changes to the designated Special Flood Hazard Areas delineated on the NFIP Map Panel 6982, requiring C-LOMR and LOMR approvals for the project. Permits are required to construct any water supply well Large Capacity Water NCDEQ New Permit possible or water well system with a design capacity equal to or Supply Well greater than 100,00 gallons per day - for dewatering outside of the ash basin Multi -State Agreement Not required If movement of CCR will cross state lines, multi -state regulations might apply NPDES (National Permit modification Modification of NPDES may be necessary if new source Pollution Discharge NCDEQ NC0024406 likely or outfall is created. Elimination System) NPDES (National Pollution Discharge NCDEQ NCS000573 Permit revision likely Revision to existing sitewide permit or new permit may Elimination System) be required for access roads, staging areas, etc. Industrial Stormwater NPDES (National Pollution Discharge NCDEQ New Permit possible Permit required for temporary and permanent Elimination System) stormwater rerouting. Stormwater Not anticipated at this Removal from or import of vegetated material could be Noxious Weeds time restricted dependent on the vegetation and geographic regions involved Railroad Easement, Not anticipated at this Construction activities adjacent to tracks/ballast or a Access, or Crossing time new railroad crossing require an agreement or permit Permit SPCC (Spill Prevention Modification of existing In accordance with the Federal Water Control and EPA plan Pollution Control Act (Clean Water Act) of 1974, Title 40, Countermeasure) Plan Code of Federal Regulations, Part 112. Threatened or Endangered Species: Federal and/or state regulations may apply including Candidate Conservation agency consultation and performing site -specific surveys Agreement NCDEQ It will be done as art p within the proper survey period e. floweringperiod p p y p ( g�' Avian Protection Plan(s) and EPA of 401/404 process for listed plant) to determine if Threatened or Bird and Bat Endangered Species or their habitat exist within the Conservation Strategies limits of disturbance Eagle Conservation Plan Eagle Take Permit Solid Waste Site NCDEQ Approval by Letter New CCR Landfill Suitability Solid Waste Permit to NCDEQ Permit New CCR Landfill Construct Solid Waste Permit to NCDEQ Permit New CCR Landfill Operate County Approval - zoning Stokes County Permit New CCR Landfill