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NCDEQ Coal Ash Impoundment Closure Plan
Decision
H.F. Lee Energy Complex
Attachment 1: Hearing Officer's Report and Public
Comments
August 14, 2020
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1

Hearing Officer's Report — Proposed Closure Plan for the Coal Ash
Impoundment at H.F. Lee Energy Complex
Date: August 14, 2020
Facility: H. F. Lee Energy Complex
County: Wayne
Owner & Operator: Duke Energy Progress, LLC
Purpose
The purpose of this document is to provide an administrative record of the public input process on
the proposed Closure Plan for the subject facility as required by G.S. 130A-309.214(b) of Session
Law 2016-95 House Bill 630 (referred to as the Coal Ash Management Act or CAMA).
Regulatory Background Summary
CAMA, enacted in 2014, required that the North Carolina Department of Environmental Quality
(NCDEQ) develop proposed classifications for all coal combustion residuals (CCR) surface
impoundments, including active and retired sites, for the purpose of closure and remediation based
on these sites' risks to public health and the environment.
In July 2016, the North Carolina General Assembly enacted House Bill 630, which added N.C.G.S.
§ 130A-309.216 requiring the impoundment owner to identify three sites in North Carolina at
which to install and operate Ash Beneficiation projects capable of processing Coal Combustion
Residuals (CCR) to specifications appropriate for cementitious products. The statute requires the
impoundment owner to use commercially reasonable efforts to produce 300,000 tons of usable
CCR at each site annually. On December 13, 2016, Duke Energy Progress, LLC selected H.F. Lee
as one of the three Ash Beneficiation sites. Pursuant to subsection (c) of N.C.G.S. § 130A-
309.216, CCR surface impoundments located at a site at which an Ash Beneficiation project is
installed and operating shall be closed no later than December 31, 2029.
On November 13, 2018, NCDEQ issued a final intermediate -risk classification for the H. F. Lee
Energy Complex based on the determination that Duke Energy Progress, LLC met the
requirements of 130A-309.213(d)(1).
On December 31, 2019, NCDEQ received the proposed Closure Plan for the H. F. Lee Energy
Complex per the CAMA deadline. Staff from the NCDEQ's Division of Waste Management;
Division of Energy, Mineral, and Land Resources; and Division of Water Resources have reviewed
the Closure Plan for completeness and the requirements of 130A-309.214(a)(4). NCDEQ also
received the proposed Corrective Action Plan for groundwater remediation for the H. F. Lee
Energy Complex. The Division of Water Resources staff also reviewed the Corrective Action Plan
as several of its components are part of the Closure Plan.
Site History/Background. Summary
The H. F. Lee Energy Complex is owned and operated by Duke Energy (Duke Energy Progress,
LLC). The approximately 2,200-acre site is located at 1677 Old Smithfield Road, Wayne County,
approximately 4 miles west of Goldsboro, North Carolina. Commercial operations of the station
2

began in 1951. The three coal-fired units were retired in September 2012 followed by the
retirement of four oil -fueled combustion turbine units in October 2012. A natural gas -fired
combined cycle plant started operations in December 2012. Demolition of the plant was completed
in 2017. There are no coal-fired units currently in operation at the H. F. Lee Energy Complex and
CCR disposal operations ceased in 2012.
Closure Plan Summary
The closure plan indicates that the coal ash will be excavated. Duke Energy Progress, LLC has
developed plans for on -site recovery and reclamation/recycling of a significant portion of the CCR
at H. F. Lee Energy Complex, in accordance with the rate established by N.C.G.S. § 130A-
309.216. The remaining excavated CCR will be transported to an approved landfill facility in
order to meet the end date of December 31, 2029 for complete removal. The beneficial use
activities consist of removing and transporting CCR from the Basins for processing at a STARO
facility to be constructed on -site west of the combined cycle plant. The STARO facility will
process the reclaimed CCR to a level of quality and condition suitable for future reuse in the
concrete industry.
Public Input Summary
In accordance with the requirements of 130A-309.214(b)(1), the Closure Plan was made available
to the public for review and input on January 12, 2020. A copy of the proposed closure plan was
available to be reviewed at the Wayne County Health Department, Wayne County Public Library,
and at the NCDEQ Washington Regional Office. The Closure Plan was also made available online
at:
https:HDEQ.nc. gov/news/key-issues/coal-ash-excavation/2020-coal-ash-closure-plans-buck-
cape-fear-hf-lee-and#h. f. -lee-coal-ash-clo sure -plan
Per 130A-309.214(b)(2)(a), a notice and summary of the proposed Closure Plan was published in
the Goldsboro Daily News and the News Argus for three consecutive weeks beginning on January
14, 2020. Copies of the Notice were provided as required by 130A-309.214(b)(2)(b) and (c). Per
130A-309.214(b)(4), the 60-day comment period began on January 2, 2020 and ended on March
3, 2020. Comments could be sent to the NCDEQ via email, mail, and oral and/or written comments
submitted during the public hearing.
Public Hearing and Oral Comments Summary
In accordance with the requirements of 130A-309.214(b)(3), a Public Hearing was held on
February 11, 2020 at 6:00 pm in the auditorium at Wayne Community College located at 3000
Wayne Memorial Drive, Goldsboro, North Carolina. The purpose of the public hearing was to
allow the public to comment on the H. F. Lee Energy Complex Closure Plan. Interested parties
were able to submit oral or written statements regarding the proposed Closure Plan. Persons
wishing to speak registered at the hearing. Speaking times were allotted per speaker as time
allowed.
Approximately half a dozen members of the public attended the public hearing, which was
supported by nine staff members from the Division of Waste Management; Division of Energy,
Mineral, and Land Resources; Division of Water Resources, and Division of Air Quality, as well
as a Public Information Officer and the Hearing Officer. A total of 22 individuals signed the

attendance sheets at the hearing. The Hearing Officer provided opening comments and Ben
Jackson of the Division of Waste Management gave a brief overview of the Closure Plan. One
individual registered in advance of the hearing to make comments and no additional individuals
made comments after the registered speaker. The one speaker was provided as much time as he
needed to provide comments, and he spoke for less than 5 minutes.
Response to Comments
NCDEQ received one comment via email in addition to the one oral hearing comment. The main
concerns were requests for mitigation of harms to the surrounding community; for clear
information on who will be monitoring air and water releases from the operation; for parties other
than Duke to do the monitoring; for alerts to the community when spills or other unintended
releases occur; for efforts to prevent any further spills, and for financial health -related benefits to
be provided to surrounding residents.
Comment: A commenter who attended the February 11, 2020 public hearing at Wayne
Community College requested that NCDEQ continue to do everything possible to mitigate harm
to his community. The commenter suggested that this should include continuous monitoring by a
third party, as the community no longer trusts Duke Energy. The commenter also cited an historic
lack of communication with affected residents living near the plant when incidents occur and
requested increased alerts and additional community involvement throughout the closure process.
Response: NCDEQ understands these concerns and has determined that all coal ash stored in CCR
surface impoundments at H.F. Lee must be excavated and used for approved beneficial reuse
activities. Because the coal ash will be excavated, there will not be any primary contaminant source
remaining that can continue to leach contaminant into groundwater. A STAR® facility to recycle
the coal ash at the HY Lee site, has been permitted by the Division of Air Quality. In addition, the
STAR facility must comply with all applicable environmental regulations and permit conditions
regarding monitoring and air and water quality. Duke Energy is required to comply with all
applicable state and federal regulations during the cleanup process, including any notification
requirements. All monitoring, compliance and inspection reports are public records available upon
request..
Comment: One commenter expressed environmental justice concerns for residents living close
to the facility and requested additional information on what would be done to prevent future
spills and additional health -related benefits and financial assistance for residents living close to
the plant.
Response: NCDEQ has determined that excavation, followed by transportation to an approved
landfill or utilization for beneficial reuse, is the best closure plan for communities and the
environment affected by coal ash currently stored in the CCR impoundments at H.F. Lee.
Hearing Officer Recommendations
Based on my review of the record and in consultation with subject matter experts in NCDEQ, I
recommend approval of the submitted Closure Plan for the coal ash impoundments at Duke Energy
Progress, LLC's H.F. Lee Energy Complex located in Wayne County. I conclude that the Closure
Plan is protective of public health, safety and welfare, the environment and natural resources and
otherwise complies with the requirements of CAMA.
rd

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8/14/2020
Rich Gannon, Hearing Officer Date

From: pjohson(a nc.rr.com
To: leecomments
Subject: [External] HF Lee Environmental Justice Impact Statement Aug 2018
Date: Monday, March 9, 2020 3:20:29 PM
Importance: High
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
a�chment to reoort.spamCcDnc.gov
I would like a copy. I have been unable to find it on the NCDEC website. I am interested in the
1. Timetable of coal ash removal "benefication project" at the plant
2.. Efforts that will be employed to prevent further spills , due to flooding or project issues, during
the duration of project.
3. ? Any financial, health benefits directed at residents in 1.5 mile radius of plant.
Thank you in advance for your assistance.
Pamela Johnson