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HomeMy WebLinkAbout8106_Cliffside_Unit5_REVISED_Table10-1_FID1389486_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 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.