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NCDEQ Coal Ash Impoundment Closure Plan
Decision
W.H. Weatherspoon Power Plant
Attachment 1: Hearing Officer's Report and Public
Comments
August 14, 2020
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Hearing Officer's Report — Proposed Closure Plan for the Coal Ash
Impoundment at W.H. Weatherspoon Power Plant
Date: August 14, 2020
Facility: W. H. Weatherspoon Power Plant
County: Robeson
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).
Re ul�atoa Background SummgU
LAMA, enacted in August 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.
Duke Energy (Duke Energy Progress, LLC) agreed to excavating the impoundment at
Weatherspoon as part of a settlement agreement in September of 2015. Further, Duke Energy
announced in August of 2017 that the coal ash located in the impoundment at Weatherspoon would
be recycled into cement products and the ash would be taken by truck to two cement kilns located
in South Carolina.
In April 2019, NCDEQ established submittal dates for an updated Comprehensive Site Assessment
(CSA) and updated Corrective Action Plan (CAP) for CCR surface impoundments and other
primary and secondary sources. Consistent with this direction, Duke Energy submitted to NCDEQ
the updated CSA for Weatherspoon on August 3, 2020, and will submit the updated CAP by July
1, 2021.
On December 30, 2019, NCDEQ received the proposed Closure Plan for the W. H. Weatherspoon
Power Plant 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 W. H.
Weatherspoon Power Plant.
Site History/Background SummarX
The W. H. Weatherspoon Power Plant is owned and operated by Duke Energy in Robeson County
at 491 Power Plant Road, Lumberton, North Carolina. The station formerly operated three coal-
fired units and four combustion turbine units. The coal-fired units operated from 1949 until
electricity generation from the coal-fired units ceased in 2012. The combustion turbine units
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continue to operate. There are no coal-fired units currently in operation at the W. H. Weatherspoon
Power Plant and CCR disposal operations ceased in 2012.
Closure Plan Summary
The closure plan indicates all the coal ash will be excavated. CCR are already being excavated for
off -site beneficiation. Excavated CCR is being transported by truck to two cement kilns in Holly
Hill and Harleyville, South Carolina. Pursuant to CAMA, the CCR impoundment is required to
be excavated by April 4, 2028.
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 14, 2020. A copy of the proposed closure plan was
available to be reviewed at the Robeson County Health Department, Robeson County Public
Library, and at the NCDEQ Fayetteville Regional Office. The Closure Plan was also made
available online at:
https://edocs.NCDEQ.nc.gov/WasteManagement/Browse.aspx?id=1388604&dbid=0&repo=Was
teManagement&cr=1
Per 130A-309.214(b)(2)(a), a notice and summary of the proposed Closure Plan was published in
the Robesonian newspaper for three consecutive weeks beginning on January 15, 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 13, 2020 and ended on March 5, 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 13, 2020 at 6:00 pm in the South Robeson Intermediate School located at 3268 South
Robeson Road, Rowland, North Carolina. The purpose of the public hearing was to allow the
public to comment on the W. H. Weatherspoon Power Plant 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.
No one from the public or outside interest groups attended the public hearing other than 15 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 Public
Information Officers and the Hearing Officer. A total of 15 individuals signed the attendance sign
in sheets at the hearing. The Hearing Officer opened the public hearing at 6:00 pm with no one
other than staff present. Without any public attendees arriving the public hearing was closed at
6:15 pm. There were no public comments received by NCDEQ.
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 impoundment at Duke
Energy's W.H. Weatherspoon Power Plant located in Robeson County. I conclude that the Closure
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Plan is protective of public health, safety and welfare, the environment and natural resources and
otherwise complies with the requirements of CAMA.
Digitally signed by Drew Hammonds
D� DN:cn=Drew Hammonds, o=NCDEQ,
ou=Solid waste Section,
email=andrew.hammonds@ncdencgov,
=D5 August 17, 2020
Date: 2020.08.17 12:31:26-04'00'
Drew Hammonds, Hearing Officer
Date
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