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Home My WebLink About1812_Marshall_REVISED_Table10-1_FID1389564_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 AECOM February 3, 2020 Table 10-1: Marshall Steam Station Regulatory Permits, Approvals, or Requirements for Ash Basin Closure by Excavation Existing Permit/Approval Regulating General Permit Name or Subject Permit No. Type of Regulatory Approval Comments Agency (if applicable) Mechanism or Not Required Permit modification likely needed due to the increased Permit Modification Likely Air Quality NCDEQ heavy equipment vehicle traffic and potential dust Required generated during closure activities Catawba A local building permit is required for installation of Building Permit New Permit County construction trailers Modification or abandonment of CAMA program CAMA Monitoring Plan NCDEQ Written NCDEQ DWR approval monitoring wells require the approval of the Division of Water Resources (DWR) CCR Impoundment Closure US EPACCR Self Regulating Rule CCR Impoundment Monitoring US EPA Maintain CCR GW monitoring network and Self Regulating Network CCR Rule requirements as stated in 257.90 - 257.98 It is anticipated that an individual permit will be Clean Water Act 401 USACOE Individual Permit required due to jurisdictional area impacts associated NCDEQ with Ash Basin Closure It is anticipated that an individual permit will be Clean Water Act 404 USACOE Individual Permit required due to jurisdictional area impacts associated NCDEQ with Ash Basin Closure Closure Plan NCDEQ Approval by Letter See permitting for sedimentation/erosion control, USACOE Applicable and to be covered Threatened or Endangered Species, and Wetlands. Tree Cutting Trees NCDEQ as part of other permits cutting could be covered under some or all of these permits. Permitting is required to modify or abandon wells and Certificate of Approval to instrumentation on regulatory dams through the Dam Safety NCDEQ CATAW-054 Modify Division of Energy, Mineral, and Land Resources (DEMLR) 1of4 AECOM February 3, 2020 Final approval after abandoning wells and Certificate of Final Approval instrumentation on regulatory dams through the Dam Safety NCDEQ CATAW-054 (COFA) Division of Energy, Mineral, and Land Resources (DEMLR) in accordance with the Dam Safety Law of 19671 15A WAS 02K.0220. Ash Basin Dam - Permitting is required to modify the Certificate of Approval to dam in accordance with the Dam Safety Law of 1967, Dam Safety NCDEQ CATAW-054 15A NCAS 02K.0201 (b)(2); an application must be filed Modify with the Division of Energy, Mineral, and Land Resources (DEMLR) Final approval after modifying the Ash Basin Dam Dam Safety NCDEQ CATAW-054 Certificate of Final Approval through the Division of Energy, Mineral, and Land (COFA) Resources (DEMLR) in accordance with the Dam Safety Law of 1967, 15A WAS 02K.0220. Utilization of or modification to state or federal DOT - General Not anticipated at this time highways to transport CCR will require consultation or notification to relevant DOT agency (if off -site removal is required) Driveway Permit NCDOT New Permit possible 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 Control (E&SC) NCDEQ New Permit NCAC 04, an E&SC Permit is required from Land Quality prior to commencement of construction in those areas. Note that land disturbance includes tree clearing and grubbing and vehicular wheel or tracking as disturbance. Requirements set forth in the Duke Energy Catawba- Wateree Shoreline Management Plan will be met. As FERC (Federal Energy Regulatory required by the FERC Catawba-Wateree Project License Commission) FERC Approval by Letter P-2232, issued November 25, 2015, approval for any placement of fill into Lake Norman will be obtained by FERC prior to commencing closure construction activities. 2 of 4 AECOM February 3, 2020 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 Section 44-429 of the Catawba County Code of Catawba Ordinances, requires a Floodplain Development Permit Floodplain Development New Permit prior to any development activities within FEMA County mapped Special Flood Hazard Areas for the Flood Insurance Rate Maps MT-2 Form 1, Form 2, Form 3, and associated documentation for the request of a Conditional Letter of Map Revision (C-LOMR) will be completed and submitted to the Department of Homeland Security Floodplain Development DHS FEMA Floodplain Map Revision Federal Emergency Management Agency (DHS FEMA) prior to closure activities. Upon completion of Ash Basin closure activities, a Letter of Map Revision (LOMR) will be requested from DHS FEMA through submittal of the aforementioned forms and a copy of the as -built plans. Permits are required to construct any water supply well Large Capacity Water Supply Well NCDEQ New Permit possible or water well system with a design capacity equal to or 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 Pollution Discharge NCDEQ NC0004987 Permit modification likely Modification of NPDES may be necessary if new source Elimination System) Wastewater or outfall is created. NPDES (National Pollution Discharge Revision to existing sitewide permit or new permit may Elimination System) Industrial NCDEQ NCS000548 Permit modification likely be required for access roads, staging areas, etc. Stormwater NPDES (National Pollution Discharge Permit required for temporary and permanent Elimination System) Stormwater NCDEQ New Permit possible stormwater rerouting. 3 of 4 AECOM February 3, 2020 Removal from or import of vegetated material could be Noxious Weeds Not anticipated at this time restricted dependent on the vegetation and geographic regions involved Railroad Easement, Access, or Crossing Construction activities adjacent to tracks/ballast or a Permit Not anticipated at this time new railroad crossing require an agreement or permit SPCC (Spill Prevention Control and In accordance with the Federal Water Countermeasure) Plan US EPA Modification of 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 including Candidate Conservation Agreement agency consultation and performing site -specific surveys Avian Protection Plan(s) US EPA Completed as part of 401/404 within the proper survey period (e.g., flowering period Bird and Bat Conservation Strategies NCDEQ process for listed plant) to determine if Threatened or Eagle Conservation Plan Endangered Species or their habitat exist within the Eagle Take Permit limits of disturbance According to 15A NCAC 13B .1625, disturbance of any closed landfill or permitted beneficial use facility will be Solid Waste NCDEQ CCB0030 Approval by Letter subject to approval by the Division of Waste Management (DWM). Required for the excavation of the Structural Fill Access Road. 4 of 4