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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
Duke Energy Coal Combustion Residuals Management Program
Cliffside Steam Station— Inactive Unit 5 Ash Basin CAMA Closure Plan (Closure by
Excavation) Revision 1
Wood EMS Project No. 7812190194
Table 10-1. Inactive Unit 5 Ash Basin - Regulatory Permits, Approvals, or Requirements
for Basin Closure by Excavation
Permit/Approval
Type of
Regulatory
General Permit
Regulating
Existing
Name or Subject
Agency
Permit No.
Approval
pp
Comments
(if applicable)
Mechanism or
Not Required
Permit modification likely due
Permit
to the increased heavy
Air Quality
NCDEQ
modification
equipment vehicle traffic and
likely
potential dust generated
during closure activities
Rutherford or
A local building permit is
Building Permit
Cleveland
New Permit
required for installation of
County
construction trailers
Modification or abandonment
of CAMA program monitoring
CAMA
NCDEQDWR
N/A
Written NCDEQ
wells require the approval of
Monitoring Plan
approval
the Division of Water
Resources (DWR)
CCR
US EPA
Required postings to Public
Impoundment
CCR Rule
Self -Regulating
Record
Closure
CCR
Maintain CCR GW monitoring
Impoundment
US EPA
Self -Regulating
network and requirements as
Monitoring
CCR Rule
stated in 257.90 - 257.98
Network
Clean Water Act
NCDEQ
Potential
If work is needed that
401
physically impacts WOTUS
Clean Water Act
USACE
Potential
If work is needed that
404
physically impacts WOTUS
Cutting Trees
Permitting is required to
Certificate of
modify or abandon wells and
Dam Safety
NCDEQ
RUTHE-070
Approval to
instrumentation on regulatory
RUTHE-072
Modify
dams through the Division of
Energy, Mineral, and Land
Resources (DEMLR)
wood.
Duke Energy Coal Combustion Residuals Management Program
Cliffside Steam Station— Inactive Unit 5 Ash Basin CAMA Closure Plan (Closure by
Excavation) Revision 1
Wood EMS Project No. 7812190194
Permit/Approval
Type of
Regulatory
General Permit
Regulating
Existing
Name or Subject
Agency
Permit No.
Approval
pp
Comments
(if applicable)
Mechanism or
Not Required
Permitting is required to
modify or abandon wells and
Dam Safety
NCDEQ
RUTHE-070
Certificate of
instrumentation on regulatory
RUTHE-072
Final Approval
dams through the Division of
Energy, Mineral, and Land
Resources (DEMLR)
Inactive Unit 5 Ash Basin Main
Dam - Permitting is required
to modify the dam in
Certificate of
accordance with the Dam
Dam Safety
NCDEQ
RUTHE-070
Approval to
Safety Law of 1967, 15A WAS
Modify
02K.0201 (b)(2); an
application must be filed with
the Division of Energy,
Mineral, and Land Resources
(DEMLR)
Inactive Unit 5 Ash Basin Main
Dam - Permitting is required
to modify the dam in
accordance with the Dam
Dam Safety
NCDEQ
RUTHE-070
Certificate of
Safety Law of 1967, 15A WAS
Final Approval
02K.0201 (b)(2); an
application must be filed with
the Division of Energy,
Mineral, and Land Resources
(DEMLR)
Inactive Unit 5 Ash Basin
Saddle Dam - Permitting is
required to remove the dam
Certificate of
in accordance with the Dam
Dam Safety
NCDEQ
RUTHE-072
Approval to
Safety Law of 1967, 15A WAS
Modify
02K.0201 (b)(2); an
application must be filed with
the Division of Energy,
Mineral, and Land Resources
(DEMLR)
wood.
Duke Energy Coal Combustion Residuals Management Program
Cliffside Steam Station— Inactive Unit 5 Ash Basin CAMA Closure Plan (Closure by
Excavation) Revision 1
Wood EMS Project No. 7812190194
Permit/Approval
Type of
Regulatory
General Permit
Regulating
Existing
Name or Subject
Agency
Permit No.
Approval
pp
Comments
(if applicable)
Mechanism or
Not Required
Inactive Unit 5 Ash Basin
Saddle Dam - Permitting is
required to remove the dam
in accordance with the Dam
Dam Safety
NCDEQ
RUTHE-072
Certificate of
Safety Law of 1967, 15A NCAS
Final Approval
02K.0201 (b)(2); an
application must be filed with
the Division of Energy,
Mineral, and Land Resources
(DEMLR)
Utilization of or modification
to state or federal highways
DOT - General
to transport CCR will require
consultation or notification to
relevant DOT agency
Temporary access or driveway
Driveway Permit
NCDOT
permits as needed
Land disturbance activities
outside of the Basin will
exceed one acre, therefore in
conformance with 15A NCAC
Erosion and
NCDEQ
04, an E&SC Permit is
required from Land Quality
Sediment
Mooresville
New Permit
prior to commencement of
Control (E&SC)
Regional Office
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
depending on the potential
likely
for fire ants and geographic
regions involved
wood.
Duke Energy Coal Combustion Residuals Management Program
Cliffside Steam Station— Inactive Unit 5 Ash Basin CAMA Closure Plan (Closure by
Excavation) Revision 1
Wood EMS Project No. 7812190194
Permit/Approval
Type of
Regulatory
General Permit
Regulating
Existing
Name or Subject
Agency
Permit No.
Approval
pp
Comments
(if applicable)
Mechanism or
Not Required
Flood Damage Prevention
Ordinance of Person County,
Article 3 General Provisions,
Section C, requires a
Floodplain
Rutherford
Floodplain Development
Development
County
New Permit
permit prior to any
development activities within
FEMA mapped Special Flood
Hazard Areas for the Flood
Insurance Rate Maps
Permits are required to
construct any water supply
well or water well system
Large Capacity
New Permit
with a design capacity equal
Water Supply
NCDEQ
possible
to or greater than 100,00
Well
gallons per day - for
dewatering outside of the
Basin
If movement of CCR will cross
Multi -State
Not required
state lines, multi -state
Agreement
regulations might apply
NPDES (National
Pollutant
Permit
Modification of NPDES may
Discharge
NCDEQ
NC0005088
modification
be necessary if new source or
Elimination
likely
outfall is created.
System)
NPDES (National
Pollutant
Revision to existing sitewide
Discharge
Permit revision
permit or new permit may be
Elimination
NCDEQ
NC5000571
likely
required for access roads,
System)
Industrial
staging areas, etc.
Stormwater
NPDES (National
Pollutant
Permit required for
Discharge
NCDEQ
NC0005088
New Permit
temporary and permanent
Elimination
possible
System)
stormwater rerouting.
Stormwater
wood.
Duke Energy Coal Combustion Residuals Management Program
Cliffside Steam Station— Inactive Unit 5 Ash Basin CAMA Closure Plan (Closure by
Excavation) Revision 1
Wood EMS Project No. 7812190194
Permit/Approval
Type of
Existing
General Permit
Regulating
Permit No.
Regulatory
Comments
Name or Subject
Agency
Approval
pp
(if applicable)
Mechanism or
Not Required
Removal from or import of
vegetated material could be
Noxious Weeds
restricted depending on the
vegetation and geographic
regions involved
Railroad
Construction activities
Easement,
adjacent to tracks/ballast or a
Access, or
new railroad crossing require
Crossing Permit
an agreement or permit
SPCC (Spill
In accordance with the
Federal Water
Prevention
Modification of
Pollution Control Act (Clean
Control and
NCDEQ
existing plan
Water Act) of 1974, Title 40,
Countermeasure
Code of Federal Regulations,
Plan
Part 112.
Federal and/or state
regulations may apply
including agency consultation
and performing site -specific
Threatened or
surveys within the proper
Endangered
NCDEQ
survey period (e.g., flowering
Species
And EPA
period for listed plant) to
determine if Threatened or
Endangered Species or their
habitat exist within the limits
of disturbance
Solid Waste
8106-
Existing CCR Landfill
Permit to
NCDEQ
permit
INDUS-2009
Expansion
Construct
Solid Waste
8106-
Existing CCR Landfill
Permit to
NCDEQ
Permit
INDUS-2009
Expansion
Operate
wood.