08172020 Transmittal Letter Closure Plan Decision HF Lee

ROY COOPER
Governor
NCHAEL 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
August 17, 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 — H. F. Lee Energy Complex
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 H. F. Lee 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. On April 17, 2020,
NCDEQ received a revised closure plan for this facility.
Closure Plan 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 item was noted during the review of the proposed Closure Plan and will require the
submittal of additional information from Duke Energy:
The Division of Waste Management (DWM) 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 off -site processing facilities, 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. If excavation is to be
implemented within the 2020 calendar year, the Excavation Plan shall be submitted to the DWM
90 days from receipt of this letter. Otherwise, the Excavation Plan shall be submitted 90 days prior
to the commencement of excavation.
D_E Q
North Carolina Department of Environmental Quality
217 West Jones Street 1 1601 Mail Service Center I Raleigh, North Carolina 27699-1601
919.707.8600

Duke Energy shall provide an updated Comprehensive Site Assessment (CSA) and CAP sufficient
to address the requirements of 130A-309.214(a)(4)(c) and (d) and Title 15A of the North Carolina
Administrative Code Subchapter 02L. Per DEQ's letter to Duke Energy dated February 26, 2020,
the updated CSA is due December 1, 2020.
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 does not fully comply with the requirements of CAMA. Specifically, DEQ has found that:
• The proposed Closure Plan complies with the following requirements of 130A-
309.214(a)(4) with the exception of 130A-309.214(a)(4)(c) and (d).
• Duke Energy did not submit an updated CSA and CAP that would be sufficient to provide
compliance with the applicable requirements under 130A-309.214(a)(4)(c) and (d).
• 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 further 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.
Notwithstanding the additional information requested, NCDEQ believes that the Closure Plan is
adequate for Duke Energy to proceed with its implementation.
Im lementation and Modification of the Proposed Closure Plan
Unless otherwise indicated in this letter, 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 with the exception of the updated CSA shall be due December 1, 2020. Per l30A-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
WARO WQROS
Sincerely,
S�-z C'.
wo�
Sheila C. Holman
Assistant Secretary for Environment
D_E
North Carolina Department of Environmental Quality
217 West Jones Street 1 1601 Mail Service Center I Raleigh, North Carolina 27699-1601
919,707.8600