CCB0064_NOV_20161021

Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
October 21, 2016 Director
Certified Mail #7014 3490 0001 88210132
Return Receipt Requested:
Henry B. Long
1501 Dellwood Drive
Raleigh, NC 27607
Certified Mail #7014 1200 0000 8627 4446
Return Receipt Requested:
Roanoke Valley Energy Facility
Westmoreland — LG&E Partners
290 Power Place
Weldon, NC 27870
Certified Mail #70141200 0000 8627 4453
Return Receipt Requested:
Westmoreland Coal Company
9540 S. Maroon Circle, Suite 200
Englewood, CO 80112
Certified Mail #70141200 0000 8627 3265
Return Receipt Requested:
Plumbline Engineering, P.A.
Attn: Russell Grant
121 Washington Avenue
Weldon, NC 27890
To Whom It May Concern:
rq?ECE1'1VED
;4ID WASTE a
Notice of Violation- Intent to Enforce
NOV-PC-2016-0226
DWM ID CCB0064
Henry Long Property
NC Hwy 48, PIN 4918-28-8013
Northampton County
On March 3, 2016, Laura Robertson, Danny Smith, and Autumn Romanski with the Raleigh
Regional Office (RRO) of the Division of Water Resources (DWR) conducted an investigation
of the subject site. Also present were Shawn McKee and Mary Whaley from the Division of
Waste Management (DWM). The site visit revealed that wastewater was leaching/seeping from
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http:G'portal.ncdenr,org, Webhaq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

October 21, 2016
Page 2 of 15
the waste ash pile. This waste was coursing into an adjacent wetland and an intermittent stream
(an unnamed tributary) that flows to Arthurs Creek (Class C, Stream Index 23-28).
Specifically, the site visit, field observations, sampling results, and the subsequent file review
revealed the following:
• On April 23, 2004, a notification was made by Plumbline Corporation P.A. to the
NCDENR (now NCDEQ) Division of Waste Management for a structural fill beneficial
use project. The Coal Combustion Byproduct Reuse Plan was called Arthur's Creek
Development Project in Northampton County, NC. A DWM project number, CCB0064,
was issued to use coal combustion by-products/residuals as structural fill at the site, per
15A NCAC 13B .1700 Solid Waste Section Rules.
• Approximately 480,612 cubic yards of coal combustion residuals/products were utilized
in the construction of the structural fill beneficial use project. The structural fill operation
was performed by Plumbline Corporation, P.A. Engineering and Land Surveying of
Weldon, NC. The coal: combustion products were generated by the Roanoke Valley
Energy Facility owned by Westmoreland LG&E Partners in Weldon, NC.
• The stated purpose of the structural fill in the Notification received by the DWM Solid
Waste Section on April 23, 2004 was "to provide a site ready for development, for which
office buildings, and associated parking lot and access road can be constructed."
• In 2006, mitigation credits were sought by the property owner for the construction of an
air strip at the property, called the Long Airstrip Project. In February 2007, Plumbline
Engineering suggested to bridge over the stream after a site visit from DWQ (now
DWR).
• As of March 2016, no buildings have been constructed on the property. It does not appear
that the bridging nor the construction of an air strip was.begun on the site. The status of
the site remains fallow with dog fennel and broom straw successional growing.
• The facility's structural fill area was required to be covered with a minimum of 12-inches
compacted earth and an additional 6-inches of surface soil capable of supporting native
vegetation as per 15A NCAC 13B .17050). Photos from this investigation and previous
investigations do not support that more than 6-inches of soil was used as cover.
• The site visit revealed coal combustion residuals leaching/seeping from the waste ash
pile. This waste was coursing into an adjacent wetland and into an intermittent stream
(an unnamed tributary) that flows to Arthurs Creek.
• A relict sediment basin (designated as East Sediment Basin or ESB) that outlets to
Arthurs Creek was also observed. This basin also contains coal combustion residuals
waste.
• The toe of the ash basin (southern end) exhibited areas of stressed, dead, and dying
vegetation. Also, there were areas exposed to the structural fill leachate that were
completely devoid of vegetation. In these areas, nothing was growing and the exposed
bare soils were eroding into the downslope wetland.
• In March 2016, surface water samples were collected from the (1) Upstream location of
Arthurs Creek (north of Hwy 48), from the (2) Wetland area, the (3) Unnamed Tributary
to Arthurs Creek, and from (4) a relict sediment basin (East Sediment Basin) that outlets
to Arthurs Creek. These results are presented in the tables in Attachment A.

October 21, 2016
Page 3 of 15
The streams on site include Arthurs Creek and an unnamed tributary to Arthurs Creek
that are classified as Class C Waters in the Roanoke River basin.
These observations and findings constitute violations of the following North Carolina General
Statutes and North Carolina Administrative Codes:
NCGS 143-215.1(a) (1)
"Activities for Which Permits Required. — No person shall do any of the following things or carry
out any of the following activities unless that person has received a permit from the Commission
and has complied with all conditions set forth in that permit.
(1) Make any outlet into the Waters of the State."
Item I. Stream Standards - Removal of Use
Title 15A North Carolina Administrative Code 02B .0211 (2) requires that "The waters shall be
suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary
recreation, and agriculture; sources of water pollution which preclude any of these uses on either
a short-term or long-term basis shall be considered to be violating a water quality standard." (See
data in Attachment A.)
DWR staff collected one upstream and three samples downgradient of the coal
combustion residuals structural fill area. The three downgradient samples showed
markedly large increases in concentrations, compared to the upstream sample, for the
following:
Aluminum, arsenic, barium, boron, calcium, iron, lithium, manganese, nickel, selenium,
strontium, titanium, zinc, hardness, chloride, sulfate, bromide, total dissolved solids, and
specific conductivity.
• The wetland and unnamed tributary samples results for pH were 3.03 and 3.39 SU,
respectively.
Item II. Stream Standards - Metals
Title 15A North Carolina Administrative Code 02B .0211 (11) (b) lists freshwater metals
standards that are not hardness -dependent (including arsenic and selenium). These results are
detailed in tables in Attachment A.
Title 15A North Carolina Administrative Code 02B .0211 (11) (c) lists freshwater metals that are
hardness -dependent (including nickel and zinc). These results are detailed in tables in
Attachment A Cont'd.

October 21, 2016
Page 4 of 15
Item III Stream Standards - Oils; deleterious substances; colored or other wastes
Title 15A North Carolina Administrative Code 02B .0211 (12) requires that "Oils; deleterious
substances; colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation or to aquatic life and wildlife or adversely affect the
palatability of fish, aesthetic quality or impair the waters for any designated uses;"
(See photos in Attachment B.)
• Pursuant to 15A NCAC 02B .0211 (11) (c) (i), The standards for nickel and zinc
were calculated with a hardness of 400 mg/L CaCO3.
• Comparing the upstream sampling location on Arthurs Creek to the sediment
basin, wetland, and tributary samples downstream, there are increases in metals
concentrations on orders of magnitude.
• Due to the lack of sufficient cover soils and/or lining of the coal combustion
residuals fill area, fill and leachate from the fill area continuously flow into the
wetland area, the unnamed tributary, and the east sediment basin. The entire
length of wetland and tributary stream on the property have been impacted.
• Specifically, leachate was seen along the base of the structural fill area, and all
vegetation near the structural fill area in the wetland was dead.
• The chloride concentrations in the east sediment basin, wetland area, and
unnamed tributary to Arthurs Creek chloride were 2,900, 9,500, and 2,200 mg/L,
respectively.
• Total aluminum concentrations were above the EPA National Aquatic Life
Criteria for freshwater — which is an acute concentration of 750 µg/L; a limit that
is set for a pH range of 6.5-9.0. Low pH and the synergistic effects of acidic
conditions can cause increased aluminum toxicity.
Item IV. Stream Standards -PH
Title 15A North Carolina Administrative Code 02B .0211(14) requires that, "pH: shall be normal
for the waters in the area, which range between 6.0 and 9.0 except that swamp waters may have a
pH as low as 4.3 if it is the result of natural conditions;"
• The pH of the wetland area and unnamed tributary were 3.03 and 3.39 SUs, respectively,
during the March 2016 sampling event.

October 21, 2016
Page 5 of 15
Item V. Wetland Standards
Title 15A North Carolina Administrative Code 02B .0231(b) requires that:
(1) Liquids, fill, or other solids or dissolved gases may not be present in amounts which may
cause adverse impacts on existing wetland uses;
(2) Floating or submerged debris, oil, deleterious substances, or other material may not be
present in amounts which may cause adverse impacts on existing wetland uses;
(4) Concentrations or combinations of substances which are toxic or harmful to human,
animal, or plant life may not be present in amounts which individually or cumulatively
may cause adverse impacts or existing wetland uses;
(5) Hydrological conditions necessary to support the biological and physical characteristics
naturally present in wetlands shall be protected to prevent adverse impacts on:
(C) The chemical, nutrient, and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(E) The pH of the wetland; and
(F) Water levels or elevations;
• The pH of the wetland area and unnamed tributary were 3.03 and 3.39 SUs,
respectively, during the March 2016 sampling event.
• Total aluminum concentrations were well above the EPA Freshwater Aquatic Life
recommended criteria at an acute level of 750 µg/L; 7,000 µg/L in the wetland
and 7,400 µg/L in the unnamed tributary.
• The chloride concentrations in the east sediment basin, wetland area, and
unnamed tributary to Arthurs Creek were 2,900; 9,500; and 2,200 mg/L,
respectively.
• Metals results showed dissolved selenium concentrations above the 15A NCAC
02B Standard.
• Wetland samples results are in Attachment A tables.
Item VI. Groundwater Assessment
Title 15A North Carolina Administrative Code 02L .0106(b) requires that "Any person
conducting or controlling an activity that results in the discharge of a waste or hazardous
substance or oil to the groundwaters of the State, or in proximity thereto, shall take action upon
discovery to terminate and control the discharge, mitigate any hazards resulting from exposure to
the pollutants and notify the Department, as defined in 15A NCAC 02C .0102, of the discharge."
Leachate containing waste coal combustion residuals was observed on the ground surface
hydraulically down -gradient from the coal ash fill. The Department received no notification of
the discharge of waste coal combustion residuals leachate at this facility.

October 21, 2016
Page 6 of 15
Requested Response:
You are requested to address the below items in writing within 30 days of receipt of this
letter.
Due to severity of impacts you are encouraged to retain an environmental consultant to assist
with and ensure remediation efforts are completed in a satisfactory manner. The site needs to be
stabilized to prevent further soil/sediment loss to the stream.
1) Elimination of wastewater discharge (waste leachate):
a) Explain how you plan to eliminate leachate discharges and coal combustion
residuals/products waste from discharging into surface waters and wetlands.
b) Explain how you plan to eliminate leachate (coal combustion residuals waste) discharges,
from the existing/relict sediment basin that outlets to Arthurs Creek.
2) Wetland Restoration:
a) Please explain how you plan abate coal combustion residuals/products leachate and
synergistic effects from the leachate to the wetland located on the southern portion of the
site.
b) The sediment impacts to wetland needs to be identified, quantified, and specifically
addressed (included) in the wetland restoration plan and maps.
3) Stream Restoration Plan
a) Stream Restoration Plan — Explain how you plan to abate and eliminate leachate and coal
combustion residuals/products waste from the unnamed tributary to Arthurs Creek.
4) Groundwater Assessment Plan
a) Conduct a Comprehensive Site Assessment (CSA) detailing the extent of soil and
groundwater contamination in accordance with the requirements set forth in 15A NCAC
02L .0106(g) and submit a report on the results of the CSA to this office within 90 days
of receipt of this Notice.
5) Plan and Schedule. Please provide a schedule with dates and a map to this office identifying
the streams and wetlands that have been impacted and are to be restored. You will need to
secure written approval from this office before you implement your restoration plan.
Please submit required materials to:
Laura Robertson
Division of Water Resources
3800 Barrett Drive
1628 Mail Service Center
Raleigh, NC 27699

October 21, 2016
Page 7 of 15
This office requires that the violations, as detailed above, be abated immediately and
properly resolved. Environmental damage and violations of North Carolina Administrative
Codes have been documented for the subject site as stated above. Your efforts to undertake
activities to bring the subject site back into compliance is not an admission, rather it is an
action that must be taken in order to begin to resolve ongoing environmental issues.
These violations and any future violations are subject to a civil penalty assessment of up to
$25,000.00 per day for each violation. Your response to this letter will be considered with
any Enforcement Action recommendation or Civil Penalty Assessment. Should you
have any questions regarding these matters, please contact Laura Robertson or me at (919)
791-4200.
Si er ,
5,,
Danny Smith
Water Quality Regional Operations
Raleigh Regional Office
Attachment A Tables
Attachment B Photographs
cc: DWR RRO file copy
Shawn McKee -DWM Solid Waste Section, 1646 MSC
Mary Whaley - DWM Solid Waste Section, 1646 MSC
Elizabeth Werner - DWM -Solid Waste Section, 1646 MSC

October 21, 2016
Page 8 of 15
Attachment A: Data Documentation to Accompany NOV-2016-PC-0226
Henry Long Property- Water Quality Samplwg by Coal Combustion Residual Structural Fill
Total Metals 2016
_
Date
3,03.2016
3.03.2016
3.03.2016
3.03.2016
Lab ID
AC26905
AC26911
AC26907
AC26909
Units
Upstream AC .
(TOT)
E Sed Basin
(TOT)
Wetland
(TOT)
Trib to AC
(TOT)
Alum
µg/L
1,400
200
7,000
7,400*
Arsenic
µg/L
2.0"U'
2.0 U
20 P
2.0 U
Barnum
µg/L
46
200
400
160
Boron
µg/L
50Lt
1,200
3,000
1,100
Calcium
mg/L
2.0
1,500
4,400
1,000
Iron
µg/L
1,600
3,100
28,000
16,000
Lithium
µg/L
25 U
660*
3,200
530
Magnesium
mg/L.
0.90
57
200
94
Manganese
µg/L
64
5,700
10,000
6,500
Nickel
µg/L
2.0
6.6
49
42
Selenium
µg/L
l O U
5.0 P
20 P
5.0 P
Strontium
µg/L
17
16,000*
50,000
11,000
Thallium
µme,
2.0 U
2.0 U
20 P
2.0 U
Titanium
µg/L,
12
100 P
100 P
100 P
zinc
µg/L
l 0 U
IOU
100 P
40
Hardness (calculated)
mg/L
8.69
3,980
11,800
2,890
Chloride
mg/L
7.4
2,900
9,500
2,200
Sulfates
mg/L
3.0
710
980
350
Bromide
mg/L
0.4 U
38
140
36
TDS
Mg/L,
62
9,980
24,500
7,240
pH
SU
5.87
6.01
3.03
3.39
Conductivity
µS/cm
46.4
11,343
26,425
7,300
Dissolved Oxygen
mg/L
11.62
14.2
10.59
10.12
Temperature
deg C
8.9
12.3
15.3
12.7
Notes
P = Elevated PQL due to matrix interference and/or s�P le dilution _ ........ , w_.
U = Analyte was analyzed for but not detected above the reported practical quantitation lirnit.
*Total metals value is less than dissolved fraction value
...... .........

October 21, 2016
Page 9 of 15
Attachment A (cont'd.): Data Documentation to Accompany NOV-2016-PC-0226
Henry Long Property- Water Quality Sampling by Coal Combustion Residual Structural Fill,
Dissolved Metals 2016
Date
Lab ID
3.03.2016
3.03.2016
3.03.2016
3.03.2016
AC26906
AC26912
AC26908
AC26910
Units nits
Upstream AC
(DIS)
E Sed. Basin
(DIS)
Wetland
(DIS)
Tnb to AC
(DIS)
Aluniirium
Pg/L
350
89
6,300
7,500
jArsenic
I'wL
2.0 tj
2,0 U
20 P
0 U
Barium
141,
40
190
410
160
'Boron
PgL
50 U
1,200
3,000
1,100
ICalcium
Mg/L
1.9
1,500
4,400
1,000
Iron
11g,1L
760
1,300
29,000
16,000
Lithium
gg/L
25 U
690
3,000
530
Manganese
n/L
61
5,500
10,000
6,300
Nickel
µgYL
2,0 U,
6.8
45
40
Selenium
n/L
1.0 U
5,0 P
20 P
5.0 P
Strontium
µg/L
16
17,000
48,000
10,000
Tballium
RgIL
2.0 U
2.01,1
20 P
2,0 U
Titaniurn
Itgq-
10 U
100 P
100 P
too P
]zinc
gg/L
10 U,
10 UT
100 P
40
Hardness (calculated)
Mg/L
8.69
3,980
11,800
2,890
Chloride
Ing/L
7.4
2,900
9,500
2,200
Sulfates
Mg/L
3.0
710
980
350
Bromide
mg'L
0A U
38
140
36
TDS
mg/L
62
9,980
24,500
7,240
pH
SU
5.87
6.01
3.03
3.39
Conductivity
µS/Cm
46.4
11,343
26,425
7,300
Dissolved Oxygen
U19/1-
11.62
14.2
10.59
10.12
Temperature
deg C
8.9
12.3
15.3
12.7
Notes:
P=Elevated PQtdue to'matrix interference and/or -sample dilition
U — Analyze was analyzed for but not detected above the reported practical quantitation limit.

October 21, 2016
Page 10 of 15
Attachment B: Photographic Documentation to Accompany NOV-2016-PC-0226
mc_ .
-----�
_-
�;�
iL_r• . ..
._.... �,- --.�
Photographs 1 & 2: South -facing slope of ash pile and wetland in distance/to the right.
Photos taken on March 3, 2016.

October 21. 2016
Page 11 of 15
Attachment B (cont'd.): Photographic Documentation to Accompany NOV-2016-PC-0226
Photographs 3 & 4: Leaching and oxidation evident along south side of fill area.
Photos taken on March 3, 2016.

October 21, 2016
Page 12 of 15
Attachment B (cont'd.): Photographic Documentation to Accompany NOV-2016-PC-0226
Photographs 5 & 6: Weathering of top soils due to insufficient cover material.
Photos taken on March 3, 2016.

October 21, 2016
Page 13 of 15
Attachment B (cont'd.). Photographic Documentation to Accompany NOV-2016-PC-0226
M
Photographs 7 & 8: Slopes and cover vegetation on structural fill area.
Photos taken on March 3, 2016.

October 21, 2016
Page 14 of 15
Attachment B (cont'd.): Photographic Documentation to Accompany NOV-2016-PC-0226
Photograph 9: Unnamed Tributary to Arthurs Creek. Photo taken on March 3, 2016.
Photograph 10: View toward the west, with wetland on the left and structural fill on the right in
the background. Noted lack of vegetation. Photo taken on March 3, 2016.

October 21, 2016
Page 15 of 15
Attachment B (cont'd.): Photographic Documentation to Accompany NOV-2016-PC-0226
Photograph 11: Wetland sampling location. Photo taken on March 3, 2016.
Photograph 12: Upstream sampling location in Arthurs Creek, north of site.
Photo taken on March 3, 2016.