Holman to Draovitch Closure Plan Decision - Cliffside-Rogers_20200429

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Paul Draovitch
Senior Vice President
Environmental, Health & Safety
Duke Energy
526 South Church Street
Mail Code EC3XP
Charlotte, North Carolina 28202
NORTH CAROLINA
Environmental Quality
April 29, 2020
Subject: Coal Ash Impoundment Closure Plan — Determination of Compliance with General
Statute 130A-309.214(a)(4) of Session Law 2016-95 of the Coal Ash Management
Act - James E. Rogers Energy Complex (Formerly Cliffside Steam Station)
Dear Mr. Draovitch:
On December 31, 2019, the North Carolina Department of Environmental Quality (NCDEQ)
received the proposed Coal Ash Impoundment Closure Plan for the James E. Rogers Energy
Complex (Closure Plan); the deadline required under General Statute 130A-309.214(a)(3) of
Session Law 2016-95 of the Coal Ash Management Act referred to hereafter as CAMA. Duke
Energy also submitted an Updated Corrective Plan (CAP) with the Closure Plan.
Closure Plan and Updated CAP Review
Per 130A-309.214(b), NCDEQ has reviewed the proposed Closure Plan to determine compliance
with the requirements of 130A-309.214(a)(4) and otherwise complies with the requirements of
CAMA.
The following items were noted during the review of the proposed Closure Plan and will require
additional follow-up from Duke Energy:
The Division of Waste Management requests an Excavation Plan to be submitted for review and
approval and to include, but not limited to the following: 1) site plan with annual phased
excavation, 2) transportation plan for routes to on -site and off -site landfills, 3) dust control plan,
4) management of non -recyclable coal ash disposal both on -site and off -site, 5) all necessary
permits 6) plan for stockpiling coal ash, and 7) health and safety plan for dewatering
ash. The Division's expectation is that the Excavation Plan will be updated annually.
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North Carolina Department of Environmental Quality
217 West Jones Street 1 1601 Mail Service Center I Raleigh, North Carolina 27699-1601
919.707.8600

NCDEQ has also conducted a review of the updated CAP and has concluded that it is sufficient to
provide compliance with the applicable requirements under 130A-309.214(a)(4). NCDEQ will
provide more detailed comments regarding the CAP in a separate correspondence. Therefore, this
letter shall not serve as an official approval of the updated CAP for the requirements under 15A
NCAC 02L .0106.
Determination of Compliance with 130A-309.214(a)(4)
With the exception of the items listed above, NCDEQ has determined that the proposed Closure
Plan otherwise complies with the requirements of CAMA. Specifically, NCDEQ has found that:
• The proposed Closure Plan complies with the requirements of 130A-309.214(a)(4).
• The updated CAP is sufficient to provide compliance with the applicable requirements
under 130A-309.214(a)(4).
• A review of the public comments provided under the requirement of 130A-309.214(b)
yielded no additional information that suggests the proposed Closure Plan is in non-
compliance with the requirements of 130A-309.214(a)(4).
• The items noted during the review of the Closure Plan will require additional follow-up
from Duke Energy; however, NCDEQ believes that the Closure Plan is adequate for Duke
Energy to proceed with its implementation.
Implementation and Modification of the Proposed Closure Plan
The additional items that require follow-up from Duke Energy shall be provided in an addendum
to the Closure Plan within 30 days of the date of this letter. Per 130A-309.214(e), as soon as
practicable, but no later than 60 days from the date of this letter, Duke Energy shall begin
implementation of the proposed Closure Plan. Modifications, both major and minor, to this
Closure Plan shall be in conformance with 130A-309.214(e).
If you have any questions, please contact me at [phone].
cc: DWM — Ed Mussler
DWR — Rick Bolich
DEMLR — George Eller
ARO WQROS
Sincerely,'=5///���
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Sheila C. Holman
Assistant Secretary for the Environment
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North Carolina Department of Environmental Quality
217 West Jones Street 1 1601 Mail Service Center I Raleigh. North Carolina 27699-1601
919.707.8600