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7302_Duke_ Roxboro_PTCPTO_DIN25415_20161220 Roxboro Steam Electric Plant Duke Energy December 20, 2016 DIN 25415 Page 1 of 16 North Carolina Department of Environmental Quality Division of Waste Management Pat McCrory Donald R. van der Vaart Governor Secretary 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone/Fax 919-707-8200 Internet: http://www.ncdenr.gov An Equal Opportunity \ Affirmative Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WASTE MANAGEMENT SOLID WASTE SECTION SOLID WASTE MANAGEMENT FACILITY Permit No.’s 7302 AND 73D Duke Energy Progress, LLC is hereby issued a PERMIT TO CONSTRUCT 7302-INDUS-1988, ROXBORO STEAM ELECTRIC PLANT – VERTICAL EXPANSION PHASE 6 73D-LCID-2002, ROXBORO STEAM ELECTRIC PLANT – AREAS E & F PERMIT TO OPERATE 7302-INDUS-1988, ROXBORO STEAM ELECTRIC PLANT – ALL PORTIONS OF PHASES 1-6 73D-LCID-2002, ROXBORO STEAM ELECTRIC PLANT – AREAS C & D PERMIT FOR CLOSURE Not applicable Located at 1700 Dunnaway Road north of the City of Roxboro, Person County, North Carolina, in accordance with Article 9, Chapter 130A, of the General Statutes of North Carolina and all rules promulgated thereunder and subject to the conditions set forth in this permit. The legal description of the site is identified on the deeds recorded for this property listed in Attachment No. 1 of this permit. Edward F. Mussler, III, P.E., Supervisor Permitting Branch, Solid Waste Section Division of Waste Management, NCDEQ Roxboro Steam Electric Plant Duke Energy December 20, 2016 DIN 25415 Page 2 of 16 ATTACHMENT 1 GENERAL PERMIT CONDITIONS/INFORMATION PART I: GENERAL FACILITY Permit to Operate Date Table Permit Status Issuance Expiration DIN 7302-INDUS-1988, ROXBORO STEAM ELECTRIC PLANT Active December 20, 2016 December 20, 2021 25415 73D-LCID-2002, ROXBORO STEAM ELECTRIC PLANT Active December 20, 2016 December 20, 2021 25415 General Conditions 1. This permit is issued by the North Carolina Department of Environment and Natural Resources, Division of Waste Management, Solid Waste Section (Section). In accordance with North Carolina Solid Waste Management Rule 15A NCAC 13B .0201(d), a solid waste management facility permit shall have two parts: a Permit to Construct and a Permit to Operate. The Permit to Construct must be implemented in accordance with Attachment 2 of this permit. The Permit to Operate must be implemented in accordance with Attachment 3 of this permit. 2. The persons to whom this permit is issued (“permittee”) are the owners and operators of the solid waste management facility. 3. The Permit to Operate for this facility dated December 7, 2012, was recorded in the Person County, N.C. Register of Deeds on January 3, 2013 in Deed Book 827, Pages 121-145. DIN 18123. 4. When this property is sold, leased, conveyed, or transferred in any manner, the deed or other instrument of transfer shall contain in the description section in no smaller type than that used in the body of the deed or instrument, a statement that the property has been used as a solid waste management facility and a reference by book and page to the recordation of the permit. 5. By receiving waste at this facility the permittee shall be considered to have accepted the terms and conditions of this permit. 6. Operation of this solid waste management facility shall be in accordance with the Solid Waste Management Rules, 15A NCAC 13B, Article 9 of the Chapter 130A of the North Carolina General Statutes (NCGS 130A-290, et seq.), the conditions contained in this permit, and the approved plan. Should the approved plan and the rules conflict, the Solid Waste Management Rules shall take precedence unless specifically addressed by permit condition. Failure to comply may result in compliance action or permit revocation. Roxboro Steam Electric Plant Duke Energy December 20, 2016 DIN 25415 Page 3 of 16 7. This permit is issued based on the documents submitted in support of the application for permitting the facility including those identified in Attachment 1, “List of Documents for Approved Plan,” and which constitute the approved plan for the facility. Where discrepancies exist, the most recent submittals and the Conditions of Permit shall govern. 8. This permit may be transferred only with the approval of the Section, through the issuance of a new or substantially amended permit in accordance with applicable statutes and rules. In accordance with NCGS 130A-295.2(g) the permittee must notify the Section thirty (30) days prior to any significant change in the identity or business structure of either the owner or the operator, including but not limited to a proposed transfer of ownership of the facility or a change in the parent company of the owner or operator of the facility. 9. The permittee is responsible for obtaining all permits and approvals necessary for the development of this project including approval from appropriate agencies for a General or Individual NPDES Stormwater Discharge Permit. Issuance of this permit does not remove the permittee’s responsibilities for compliance with any other local, state or federal rule, regulation or statute. Properties Approved for the Solid Waste Management Facility 7302-INDUS-1988, Roxboro Steam Electric Plant Person County, N.C. Register of Deeds Book Page Tract/Lot No. in Deed Property Owner Acres 98 98 90 205 Lot No. 1 Carolina Power & Light Company 47.07± 98 98 90 205 Lot No. 2 Carolina Power & Light Company 0.05± 136 160 N/A Carolina Power & Light Company 147.93± 98 602 Tract No.1 Carolina Power & Light Company 36.00± 98 602 Tract No. 2 Carolina Power & Light Company 2.03± 98 602 Tract No.3 Carolina Power & Light Company 0.19± 98 39 Tract No. 2 Carolina Power & Light Company 251.47± 98 279 N/A Carolina Power & Light Company 28.25± 98 112 Part of land only Carolina Power & Light Company 5.35± 134 393 Part of land only Carolina Power & Light Company 20.51± Total Site Acreage: 538.85± 73D-LCID-2002, Roxboro Steam Electric Plant Person County, N.C. Register of Deeds Book Page Property Owner Acres Roxboro Steam Electric Plant Duke Energy December 20, 2016 DIN 25415 Page 4 of 16 4669 2244 Carolina Power & Light Company 8.5 Total Site Acreage: 8.5 acres PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S) Not Applicable PART III: CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL UNIT(S) Not Applicable PART IV: INDUSTRIAL LANDFILL UNIT(S) 7302-INDUS-1988, Roxboro Steam Electric Plant Permitting History List of Documents for Approved Plan DIN Description 10596 Certificate of Approval, Roxboro Plant East Ash Pond Dam, Phases IV and V Landfill (Proposed), Person County, State ID: PERSO-033-L. Letter to Progress Energy. Letter prepared by Division of Land Resources. April 8, 2010. 9106 Application for Permit Amendment, Construction Plan, Volumes 1, 2, and 3, Progress Energy, Roxboro Landfill, N.C. Solid Waste Permit Number 73-02, Phases IV & V. Prepared for Progress. Prepared by BlackRock. December 21, 2009, revised May 10, 2010. Permit Type Date Issued DIN Permit to Construct June 22, 2002 10604 Permit to Operate Phase 1 November 25, 2003 10603 Permit to Operate Phase 2A December 10, 2004 10602 Permit to Operate Phase 2B March 8, 2006 10601 Permit to Operate Phase 3 July 13, 2007 2778 Permit to Construct Phases 4 and 5 May 28, 2010 10597 Permit to Operate Phase 4 August 31, 2010 11356 Permit to Operate Phase 5 March 31, 2011 13378 Permit to Operate, Modification December 7, 2012 17560 Permit to Construct Phase 6, Amendment October 8, 2013 19895 Permit to Operate Phase 6, Modification February 9, 2015 22267 Permit to Construct Phase 6 (Vertical Expansion) and Permit to Operate Five (5) Year Renewal, Amendment December 20, 2016 25414 Roxboro Steam Electric Plant Duke Energy December 20, 2016 DIN 25415 Page 5 of 16 11344 Construction Quality Assurance Report, Roxboro Industrial Waste Landfill Facility, Lined Ash Monofill – SW Permit No. 73-02, Phase IV Construction. Prepared for Progress. Prepared by BlackRock. August 23, 2010. 13157 Construction Quality Assurance Report, Roxboro Industrial Waste Landfill Facility, Lined Ash Monofill – SW Permit No. 73-02, Phase V Construction. Prepared for Progress. Prepared by BlackRock. March 4, 2011. 17252 Application for Permit Modification, Progress Energy Roxboro Lined Ash Monofill, NC Solid Waste Permit No. 73-02, Semora, North Carolina. Prepared for Progress Energy. Prepared by BlackRock Engineers, Inc. September 2012. 17741 Disposal Rate Criteria, Progress Energy Roxboro Lined Ash Monofill, NC Solid Waste Permit #73-02, Semora, North Carolina. Prepared by Progress Energy. November 2012. 19871 Attachment 6,- Monitoring Plan, Permit to Construct Application, Duke Energy Progress, Roxboro Lined Ash Monofill – Phase – 6, SW Permit No. 73-02. Prepared for Duke Energy Progress. Prepared by BlackRock Engineers, Inc. August 2013. 19596 Permit to Construct Application, Duke Energy Progress, Roxboro Lined Ash Monofill – Phase 6, Solid Waste Permit No. 73-02. Prepared for Duke Energy Progress. Prepared by BlackRock Engineers, Inc. August 2013. 22081 Phase 6A Permit to Operate Construction Quality Assurance Report. Prepared for Duke Energy Progress. Prepared by BlackRock Engineers, Inc. October 2014. 22617 Phase 6A – Permit to Operate Construction Quality Assurance Report, Withdrawal for Revision and Resubmittal, Roxboro Lined Ash Monofill, Semora North Carolina, Solid Waste Permit No. 7303-INDUS. Prepared by BlackRock Engineers. December 2014. 23139 Roxboro Steam Electric Plant Monofill Permit No. 7302-INDUS), Response to Withdrawal Request. Prepared for Duke Energy. Prepared by AMEC. January 2015. 25141 Permit Modification Application, Phase 6 Vertical Expansion, Roxboro Industrial Landfill (SW Permit No. 7302), Duke Energy Progress – Roxboro Steam Station, Semora, Person County, North Carolina, Amec Foster Wheeler Project No. 7810150381. Prepared for Duke Energy. Prepared by AMEC. October 2015. 25416 Landfill Operations Plan, Roxboro Industrial Landfill (SW Permit No. 7302), Duke Energy Progress – Roxboro Steam Station, Semora, Person County, North Carolina, Amec Foster Wheeler Project No. 7810150381. Prepared for Duke Energy. Prepared by AMEC. Revised October 2015. (extracted from DIN 25141) PART V: LAND CLEARING AND INERT DEBRIS LANDFILL UNIT(S) 73D-LCID-2002, Roxboro Steam Electric Plant Permitting History Permit Type Date Issued DIN Date of Original Issue (PTC) January 22, 2002 Roxboro Steam Electric Plant Duke Energy December 20, 2016 DIN 25415 Page 6 of 16 List of Documents for Approved Plan DIN Description 12263 Progress Energy Roxboro Steam Station, Application for Permit. Prepared by Blackrock Engineers, Inc., November 8, 2006. 12260 Operation Plan Figures C1, C2, C3 and EX1. Prepared by Blackrock Engineers, Inc. October 4, 2010. PART VI: TRANSFER STATION/TREATMENT & PROCESSING UNIT(S) Not Applicable PART VII: MISCELLANEOUS SOLID WASTE MANAGEMENT Not Applicable - End of Section- Date of Original Issue (PTO) February 13, 2002 Permit Amendment, Five (5) Year Renewal November 22, 2010 12261 Permit to Operate, Amendment February 9, 2015 22267 Permit to Operate, Amendment December 20, 2016 25415 Roxboro Steam Electric Plant Duke Energy December 20, 2016 DIN 25415 Page 7 of 16 ATTACHMENT 2 CONDITIONS OF PERMIT TO CONSTRUCT PART I: GENERAL FACILITY 1. The initial, substantial, construction authorized by this Permit to Construct must commence within 18 months from the issuance date of this permit. If substantial construction does not begin within 18 months from the issuance date of this permit, then the permit to construct shall expire. Substantial construction includes, but is not limited to, issuance of construction contracts, mobilization of equipment on site, and construction activities including installation of sedimentation and erosion control structures. The permittee may reapply for the permit to construct prior to the expiration date. The re-application will be subject to the statutes and rules in effect on that date and may be subject to additional fees. 2. Intentionally blank. 3. Construction of all solid waste management units within this facility must be in accordance with the pertinent approved plans and only for those phases of development approved for construction as described in Attachment 1, List of Documents for the Approved Plan. 4. Modifications or revisions of the approved documents or changes during construction require approval by the Section, and may constitute a permit modification and be subject to a permitting fee. 5. Burning of land-clearing debris generated on site as a result of construction activities requires approval by the Section prior to initiating the burn. In addition, the Facility must ensure the activity is in compliance with all air pollution and open burning laws, regulations, and ordinances. 6. In areas with streams and/or wetlands, the permittee shall provide to the Section the approved 404/401 from U.S. Army Corps of Engineers and/or the NCDEQ Division of Water Resources, in electronic format (pdf) prior to construction in the affected areas. Monitoring Requirements 8. Prior to construction of the phase or cell(s) within the phase, all piezometers, borings, and groundwater monitoring wells within the footprint must be properly abandoned in accordance with 15A NCAC 2C .0113(b)(1) and (d), entitled “Abandonment of Wells”. 9. In areas where soil is to be undercut, abandoned piezometers, monitoring wells and borings must not be grouted to pre-grade land surface, but to the proposed base grade surface to prevent having to cut excess grout and possibly damage the wells. 10. A Licensed Geologist must report any pertinent geological feature(s) exposed during phase or cell excavation. Prior to placing any structural fill liner, the geologist must submit to the Section hydrogeologist a written report that includes an accurate description of the exposed geological feature(s) and effect of the geological feature(s) on the design, construction, and operation of the cell, phase, or unit. Roxboro Steam Electric Plant Duke Energy December 20, 2016 DIN 25415 Page 8 of 16 11. Within thirty (30) days of the completed permanent abandonment of a piezometer, monitoring well or boring, the well abandonment record (Division of Water Resources Form GW-30) and any additional information included in the abandonment record must be submitted to the Section in electronic format (pdf). The well abandonment records must be submitted to the Section in accordance with 15A NCAC 2C .0114(b) and be certified by a Licensed Geologist. 12. Within 30 days of completed construction of each new groundwater monitoring well, a well construction record (Division of Water Resources Form GW-1b), typical well schematic, boring log, field log and notes, and description of well development activities must be submitted to the Section in electronic format (pdf). 13. A Licensed Geologist must supervise installation of groundwater monitoring wells and surface water sampling stations. 14. Any modification to the approved Water Quality Monitoring Plan must be submitted to the Section Hydrogeologist for review. 15. The permittee must submit a plan sheet-sized, scaled topographical map, showing the location and identification of new, existing and abandoned groundwater monitoring wells and piezometers and provide the Section Hydrogeologist a copy in electronic format (pdf). Erosion and Sedimentation Control Requirements 16. All required sedimentation and erosion control measures must be installed and operable to mitigate excessive on-site erosion and to prevent silt from leaving the area of the landfill unit during the service life of the facility. 17. All earth disturbing activities must be conducted in accordance with the Sedimentation Pollution Control Act of 1973 (15 NCAC 4) and consistent with any other local, state or federal requirements. 18. Facility construction, operations or practices must not cause or result in a discharge of pollution, dredged material, and/or fill material into waters of the state in violation of the requirements under Sections 401 and 404 of the Clean Water Act, as amended. 19. Modifications to the approved sedimentation and erosion control activities require approval by the North Carolina Land Quality Section. The Section must be notified of any sedimentation and erosion control plan modifications. PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S) Not Applicable PART III: CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL UNIT(S) Not Applicable Roxboro Steam Electric Plant Duke Energy December 20, 2016 DIN 25415 Page 9 of 16 PART IV: INDUSTRIAL LANDFILL UNIT(S) 7302-INDUS-1988, Roxboro Steam Electric Plant 20. Pursuant to the NC Solid Waste Management Rules (Rule) 15A NCAC 13B .0201(c) and (d)(1), this permit approves construction of Phases 6 Vertical Expansion of the Duke Energy Progress, LLC, Roxboro Steam Electric Plant industrial landfill. PART V: LAND CLEARING AND INERT DEBRIS LANDFILL UNIT(S) 73D-LCID-2002, Roxboro Steam Electric Plant 21. Pursuant to the NC Solid Waste Management Rules (Rule) 15A NCAC 13B .0201(c) and (e), this permit approves construction of Area E and Area F of the Progress Energy Roxboro LCID Landfill and Asbestos Monofill. 22. The following are required prior to receiving solid waste in a new phase: a. Written certification from a Registered Professional Engineer must be submitted to the Section certifying that the waste disposal unit(s) has been constructed in accordance with the approved plans. b. A sign must be posted at the entrance as required by the NC Solid Waste Management Rules Operational Requirements, 15A NCAC 13B .0566(16). c. The disposal unit boundary must be accurately identified with permanent markers. The asbestos disposal area must be accurately identified with maintained permanent markers labeled “Asbestos Disposal Area – No Excavation Allowed”. d. A site inspection and pre-operative meeting must be conducted by a representative of the Section. The permittee must notify the Section’s Environmental Senior Specialist and make arrangements for the site inspection and pre-operative meeting. e. After completion of the requirements in subparagraphs a. through d. above, the Section Environmental Senior Specialist shall notify the Permitting Branch Supervisor by letter or email that the pre-operative requirements have been met and that the unit(s) may commence receiving waste. The permittee will be copied on the notification and may begin receiving waste at that time. PART VI: TRANSFER STATION/TREATMENT & PROCESSING UNIT(S) Not Applicable PART VII: MISCELLANEOUS SOLID WASTE MANAGEMENT Not Applicable - End of Section – Roxboro Steam Electric Plant Duke Energy December 20, 2016 DIN 25415 Page 10 of 16 ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: GENERAL FACILITY 1. Financial assurance must be continuously maintained the facility in accordance with NCGS 130A 295.2. The owner and operator must annually adjust cost estimates for inflation. 2. All sedimentation and erosion control activities must be conducted in accordance with the Sedimentation Control Act NCGS 113A-50, et seq., and rules promulgated under 15A NCAC 4. All required sedimentation and erosion control measures must be installed and operable to mitigate excessive on-site erosion and to prevent silt from leaving the area of the landfill unit during the service life of the facility. 3. Copies of this permit, the approved plans, and all records required to be maintained in the operating record by the permittee must be maintained at the facility, unless otherwise approved by the Section, and made available to the Section upon request during normal business hours. 4. All forms, reports, maps, plans, and data submitted to the Section must include an electronic (pdf) copy. 5. The facility must be adequately secured by means of gates, chains, berms, fences, or other security measures approved by the Section to prevent unauthorized entry. 6. Interior roadways must be of all-weather construction and maintained in good condition. 7. The edge of the waste footprint for all disposal units must be identified and maintained with permanent physical markers. 8. The owner or operator must maintain a record of the amount of solid waste received at the landfill unit, compiled on a monthly basis, utilizing installed and well maintained truck scales. Any alternative methods for establishing truck weights must be approved in writing by the Section. 9. The following, at a minimum, must not be accepted for disposal at the facility: hazardous waste, yard trash, liquid wastes, regulated medical waste, sharps not properly packaged, PCB waste as defined in 40 CFR 761, and wastes banned from disposal in North Carolina by G.S. 130A-309.10(f). Monitoring and Reporting Requirements 10. Groundwater locations must be established and monitored as identified in the List of Documents for Approved Plan. 11. A licensed geologist must be present to supervise the installation of groundwater monitoring wells. The exact locations, screened intervals, and nesting of the wells must be established after consultation with the Section Hydrogeologist at the time of well installation. Roxboro Steam Electric Plant Duke Energy December 20, 2016 DIN 25415 Page 11 of 16 12. Groundwater monitoring wells must be sampled for the constituents in the approved monitoring plan, at least semi-annually, according to the specifications outlined in the approved Water Quality Monitoring Plan and the current policies and guidelines of the Section in effect at the time of sampling. 13. Reports of the analytical data for each monitoring event must be submitted to the Section within 120 days of the respective sampling event. Analytical data must be submitted in a manner prescribed by the Section. Records of all groundwater and leachate analytical data must be kept as part of the permanent facility record. 14. Untreated leachate must be sampled and analyzed at least semi-annually concurrently with the groundwater water sampling, one sample per event. The leachate must be analyzed for the same constituent list as the groundwater monitoring wells outlined in the approved Water Quality Monitoring Plan. Test results must be submitted to the Section along with groundwater test results. In the event leachate is recirculated, additional leachate sampling may be required. 15. A readily accessible unobstructed path must be cleared and maintained so that four-wheel vehicles may access monitoring well locations at all times. 16. A log which details all development, sampling, repair, and all other pertinent activities associated with each monitoring well and all sampling activities associated with each surface water and leachate sampling location must be kept as part of the permanent facility record. 17. All well construction records and soil boring logs for new wells must be submitted to the Section Hydrogeologist for review within 30 days of completion. PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S) Not Applicable PART III: CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL UNIT(S) Not Applicable PART IV: INDUSTRIAL LANDFILL UNIT(S) 7302-INDUS-1988, Roxboro Steam Electric Plant 18. The Permit to Operate shall expire December 20, 2021. Pursuant to 15A NCAC 13B .0201(e), no later than June 20, 2021, the owner or operator must submit a request to the Section for permit review and must update pertinent facility plans including, but not limited to, the facility operation and waste screening plans. 19. Intentionally blank. 20. This permit, approves the continued operation of Phases 1- 6 including, the Phase 6 Vertical Expansion, of the industrial landfill, as well as the onsite environmental management and protection facilities as described in the approved plans. Roxboro Steam Electric Plant Duke Energy December 20, 2016 DIN 25415 Page 12 of 16 21. This facility is permitted to receive solid waste generated by or at any Duke Energy Corporation property, as described in the approved plan and as defined in G.S. 130-290 (a)(2b), except where prohibited by the N. C. General Statues Article 9 of Chapter 130A, and the rules adopted by the Environmental Management Commission. Waste types include, but are not limited to: a. Gypsum produced during the Flue Gas Desulfurization (FGD) process; b. FGD clarifier sludge; c. Waste limestone material, broiler slag, and sand blast material; d. Ball mill rejects; e. Waste water treatment sludge; f. And other waste streams produced by coal-fired electric or steam generation unit wastes. 22. The following conditions must be met prior to approval for operation of any phase, cell or construction sequence of the structural fill; a. Financial assurance must be made current if any adjustment is warranted. b. A construction quality assurance documentation report shall be prepared in accordance with the approved plan and submitted to the Section for review prior to placement of waste. c. New groundwater monitoring wells associated with each new phase or cell shall be installed and background sampling shall be completed for the constituents listed in the approved Water Quality Monitoring Plan listed in Attachment 1, List of Documents for Approved Plan. 23. On or before August 1 annually, the Permittee must submit an annual facility report to the Solid Waste Section, on forms prescribed by the Section. f. The reporting period shall be for the previous year beginning July 1 and ending June 30. g. The annual facility report must list the amount of waste received and landfilled in tons and be compiled: i) On a monthly basis. ii) By specific waste type. iii) By disposal location within the facility. h. A measurement of volume utilized in the landfill cells must be performed during the second quarter of the calendar year. The date and volumes, in cubic yards, must be included in the report. i. The amount of waste (tons), disposed in landfill cells from November 25, 2003 through the date of the annual volume survey must be included in the report. j. The completed report must be forwarded to the Regional Waste Management Specialist for the facility by the date due on the prescribed annual facility report form. 23. The facility operator must complete an approved operator training course in compliance with G.S. 130A-309.25. a. A responsible individual certified in landfill operations must be on-site during all operating hours of the facility to ensure compliance with operational requirements. Roxboro Steam Electric Plant Duke Energy December 20, 2016 DIN 25415 Page 13 of 16 b. All pertinent landfill-operating personnel must receive training and supervision necessary to properly operate the landfill units. 24. The following table lists the estimated gross capacity, acreage and status details for the landfill units. Gross capacity is defined as the calculated volume from the elevation of initial waste placement to the top of the final cover. Phase(s) Area (acres) Capacity (cubic yards) Status 1-6 91.2 7,448,000 Constructed 6 vertical expansion 1,964,000 Permitted Total 91.2 9,412,000 PART V: LAND CLEARING AND INERT DEBRIS LANDFILL UNIT(S) 73D-LCID-2002, Roxboro Steam Electric Plant 30. This Permit to Operate expires December 20, 2021. Pursuant to 15A NCAC 13B .0201(e), no later than June 20, 2021, the owner or operator must submit a request to the Section for permit review and must submit updated facility plans meeting the requirements of Rule 0.565 and .0566. 31. This permit, approves the continued operation of Areas C & D of the landfill as well as the onsite environmental management and protection facilities as described in the approved plans. 32. The landfill is permitted for a total gross capacity of approximately 142,000 cubic yards, with approximately 76,000 cubic yards of fill area remaining. Gross capacity is the measured volume between the bottom of waste and the top of final cover. Development of the landfill is approved as summarized below: Acreage Capacity (cubic yards) Status Area C 5.3 46,000 Active Area D 1.2 20,000 Active Area E 1 38,000 Permitted/Future Area F 1 38,000 Permitted/Future Total 8.5 142,000 -- 33. This facility must conform to the operational requirements of the NC Solid Waste Management Rules, 15A NCAC 13B .0566, and to the Operational Plan required by 15A NCAC 13B .0565(4). 34. Once the permittee has complied with the conditions specified in Attachment 2 (Conditions of Permit to Construct), operation of Area E and Area F of the LCID Landfill and Asbestos Monofill may commence. Roxboro Steam Electric Plant Duke Energy December 20, 2016 DIN 25415 Page 14 of 16 35. This facility is permitted to receive land clearing waste; yard trash; untreated and unpainted wood; uncontaminated soil; inert debris such as unpainted rock, brick, concrete, and concrete block; and asphalt in accordance with NCGS 130-294(m) and asbestos. 36. The proposed facility boundary remains the same as in the original permit. 37. This facility is permitted to receive waste generated within daily operations of Duke Energy Progress in Person County in accordance with the approved plan. Proposed changes to the service area must be submitted to the Section for review prior to any changes. An annual report following the requirements of G.S. 130A 309.09D shall be submitted by August 1st of each year for the previous July 1st through June 30th. 38. The permanent markers that accurately delineate the waste disposal boundary must be maintained. In addition, permanent markers that delineate the asbestos disposal area must be maintained and be labeled “Asbestos Disposal Area. No Excavation Allowed.” 39. Excavation, grading and fill material side slopes must not exceed a ratio of three horizontal feet to one vertical feet (3:1). 40. Revisions to the design or operation of the facility or changes to the facility service area must be submitted to the Section for review and approval prior to the implementation of any changes. Revisions or changes that require modification to the permit will be subject to the appropriate permitting fee. 41. Amendments or revisions to the NC General Statutes or to the NC Solid Waste Management Rules or any violation of ground water standards may necessitate modification of the approved design or operation plans, waste acceptance requirements or may require closure of the facility. Cover Material Requirements 42. Solid waste must be covered with 1 foot of suitable soil cover at least once per month or when the active area reaches 1 acre in size, whichever occurs first, or more often when necessary to prevent the site from becoming a nuisance or to mitigate conditions associated with fire, windblown materials, vectors or excessive water infiltration. 43. The facility must maintain a supply of cover material adequate to cover the working face in case of an emergency or fire, at all times. 44. Vegetative ground cover sufficient to control erosion must be established within 30 (thirty) working days upon completion of any phase of LCID landfill development or as addressed in the approved Sedimentation and Erosion Control permit. 45. Within 120 calendar days after completion of the final disposal operations, the disposal area must be closed and covered with a minimum of 1 foot of suitable soil cover sloped to allow surface water runoff in a controlled manner. However, for ditches with depths greater than 6 inches and widths less than 3 feet located on the landfill, at least 2 feet of soil is required between the bottom elevation of the ditches and the waste mass. Roxboro Steam Electric Plant Duke Energy December 20, 2016 DIN 25415 Page 15 of 16 Drainage Control and Water Protection Requirements 46. All required sedimentation and erosion control measures must be installed and maintained to mitigate excessive on-site erosion and to prevent silt from leaving the site of the landfill unit during the service life of the facility. 47. Ground water quality at this facility is subject to the classification and remedial action provisions of 15 NCAC 2L. 48. Solid waste must be placed a minimum of four feet above the seasonal high water table. 49. Solid waste must not be disposed in standing water. Surface water must be diverted away from the operational area and must not be impounded over or in waste. 50. Leachate must be properly managed on site using best management practices. Asbestos Handling Conditions 51. Asbestos waste received must be managed in accordance with 40 CFR 61. The waste must be immediately covered in a manner that will not cause airborne conditions. The waste must be disposed of separately and apart from other solid wastes. PART VI: TRANSFER STATION/TREATMENT & PROCESSING UNIT(S) Not Applicable PART VII: MISCELLANEOUS SOLID WASTE MANAGEMENT Not Applicable - End of Section – Roxboro Steam Electric Plant Duke Energy December 20, 2016 DIN 25415 Page 16 of 16 ATTACHMENT 4 CONDITIONS OF PERMIT FOR CLOSURE PART I: GENERAL FACILITY 1. Closure or partial closure of any landfill unit must be in accordance with the Closure Plans described in the approved plans. Proposed changes to the approved Closure Plans must be submitted to the Section at least 90 days prior to implementation. 2. Closure Construction Quality Assurance reports must be submitted to the Section at least annually and maintained in the operating record of the facility. 3. Final Closure of the landfill and initiation of the 30-year post-closure period commences upon the engineer’s certification that the closure of the fill is complete. 4. Post-closure use of the property must not disturb the integrity of the cap system, base liner system, or any other components of the containment system or the function of the monitoring systems. The Department may approve disturbance if the constructor or operator demonstrates that disturbance of the cap system, base liner system, or other component of the containment system will not increase the potential threat to public health, safety, and welfare; the environment; and natural resources. PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S) Not Applicable PART III: CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL UNIT(S) Not Applicable PART IV: INDUSTRIAL LANDFILL UNIT(S) Not Applicable PART V: LAND CLEARING AND INERT DEBRIS LANDFILL UNIT(S) Not Applicable PART VI: TRANSFER STATION/TREATMENT & PROCESSING UNIT(S) Not Applicable PART VII: MISCELLANEOUS SOLID WASTE MANAGEMENT Not Applicable - End of Conditions –