HomeMy WebLinkAbout20120615 Ver 1_Public Notice_2012062520120615
PUBLIC NOTICE
US Army Corps
Of Engineers Issue Date April 12 2012
Wilmington District Comment Deadline May 14 2012
Corps Action ID SAW 2011 00181
The Wilmington District Corps of Engineers (Corps) has received an application from Progress Energy
Carolinas Inc (Progress) seeking Department of the Army authorization to discharge fill material into
waters of the United States associated with construction of the proposed Mayo Coal Combustion Product
(CCP) Monof►Il Site located north of Roxboro in Person County North Carolina
Specific plans and location information are described below and shown on the attached plans This Public
Notice with all attached plans is also available on the Wilmington District We Site at
http //www saw usace army mil /wetlands/Notices /Current notices html �
Applicant Progress Energy Carolinas Inc L�
10660 Boston Road JUN 2 5 20 22
Roxboro NC 27574
Authority
The Corps will evaluate this application and decide whether to issue conditionally issue or deny the
proposed work pursuant to applicable procedures under Section 404 of the Clean Water Act (33 U S C
1344)
Location
The proposed waste management unit for the CCP monof►11 will occupy approximately 104 acres of an
approximately 660 acre parcel that is a portion of Progress Energy s Mayo Electric Plant facility The
site is on the east side of SR 1327 (Woodys Store Road approximately 1 4 miles northwest of the
intersection of SR 1329 (Bethel Hill School Road) and US 501 (Boston Road) north of Roxboro North
Carolina It is generally east and south of an existing rail spur that connects to the Mayo plant The
property is undeveloped and was formerly set aside as game land The proposed project is within the
drainage of Bowes Branch and unnamed tributaries that flow to the Hyco River and then to the Dan River
(Hydrologic Cataloging Unit 03010104) The project center is at approximately Latitude 36 531 N
Longitude 78 924 W
Background
The Mayo Plant has been operating as as a coal fired electricity generating facility for approximately 30
years The plant produces coal combustion product (CCP) as a byproduct of the coal burning producing
approximately 180 000 tons of ash and and 170 000 tons of gypsum and other coal combustion
byproducts per year Progress is proposing to convert their current wet ash handling system with CCP s
being disposed in wet ponds to a dry ash system to minimize environmental risk This requires a dry ash
monofill facility
Applicant's Stated Purpose
The purpose of the proposed construction is to provide a dry ash disposal facility for the Mayo Plant
Existing Site Conditions
The area proposed for impact is located in the rural area north of Roxboro near the Virginia state line
The project area is generally wooded with scattered agricultural fields The wooded areas of the site are
generally hardwood stands with some pine stands particularly in old field areas The project area is
within the Dan River basin (Hydrologic Cataloging Unit 03010104)
The project site consists of a long ridge running roughly southwest to northeast with several intermittent
streams draining the ridge on each side The Corps has determined based on field review of the
biological chemical and physical attributes and functions of the streams that the intermittent streams
have only minimal aquatic function The impacted intermittent streams are generally less than one foot
wide and less than one foot deep Bowes Branch is a perennial stream that borders the monofill site on
the southeast and east It is several feet wide and averages approximately one to five feet deep There is
also a pond within the project area which the Corps has determined was built in uplands and is not
subject to Section 404 of the Clean Water Act There are wetlands on the site but out of the project area
in the floodplain of Bowes Branch with the largest wetland occurring west of Bowes Branch where it
crosses the railroad grade The wetland habitats are typical piedmont riparian forested and marsh
wetlands The proposed access road crosses Bowes Branch at an existing ford crossing and follows the
general path of an old farm road across upland to SR 1374 (RT Hester Road) and avoids any
jurisdictional stream or wetland crossings
Project Description
The overall proposed project includes construction of a synthetically lined industrial landfill (CCP
monofill) leachate tanks an access road maintenance building and rail access /unloading facilities The
project will be constructed in multiple phases Only the leachate tanks the access road and a portion of
the monofill will be developed in the first five years of operations The first phase of the monofill is
expected to have capacity for a minimum of 5 years of operation and the additional portions of the
monofill are not anticipated to be constructed until 15 20 years from now The maintenance building and
the rail access /unloading facilities which will be built on upland portions of the site may not be built
during the first five years of operation and have not been designed yet
The total impacts for the ultimate build out of the facility (approximately 104 acres) will be 4 649 linear
feet of intermittent stream with only minimal aquatic function and 84 linear feet of perennial stream
There will be no wetland impacts Impacts for the first phase (60 2 acres) total 1990 linear feet of
intermittent stream and 84 linear feet of perennial stream
The intermittent stream impacts will be from excavation and fill to achieve the required elevations for the
base grade (i a grades below the monofill liner) The perennial stream impact is for the access road
stream crossing which includes approximately 60 linear feet for triple box culverts and approximately 24
linear feet for riprap energy dissipater aprons
The proposed CCP monofill will be constructed with a composite liner system From the top down the
liner system will consist of the following
• a 24 inch granular protective /drainage layer
• a double sided drainage Geocomposite (GC) with a triaxial geonet core
• a 60 mil thick high density polyethylene (HDPE) geomembrane
• a second double sided drainage Geocomposite (GC) with a tr►axial geonet core
• a second 60 mil thick high density polyethylene (HDPE) geomembrane
• a geosynthet►c clay liner with bonded 60 mil high density polyethylene (HDPE) geomembrane
Leachate from the monofill will be collected in storage tanks and removed offsite for treatment
Department of the Army authorization for actual construction is only being considered for the first phase
portion of the project where design has been completed and where all practicable measures to minimize
impacts to waters and /or wetlands have been adopted Work on the later phases as identified above will
only be authorized for construction after all practicable measures to minimize impacts to jurisdiction
aquatic resources have been adopted Accordingly Progress will be required to seek modifications to the
existing permit if issued in order to commence work on the later phases identified above and on the
drawings
The applicant has assessed three alternate sites for the proposed monofill in the vicinity of the Mayo
Plant Progress determined that these sites would have shorter life spans than the proposed site and
would have greater stream and wetland impacts The applicant has also avoided wetland impacts and
minimized stream impacts by siting the monofill in the upper portion of the drainage siting the road
crossing at an existing fjord crossing and pulling the limits of the monofill in to avoid wetland and stream
impacts
The applicant proposes to purchase 2 074 linear feet of stream credits from the North Carolina Ecosystem
Enhancement Program ( NCEEP) to satisfy the compensatory mitigation requirements associated with
federal and state permits for the first phase of the project In a letter dated January 18 2012 NCEEP has
agreed to provide the required mitigation for this proposal if permitted There are no private mitigation
bank credits available in this Hydrologic Unit
Progress will be required to provide compensatory mitigation for impacts from the remaining phases
when they request permit modification for construction of those phases
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate State agencies
for review The Corps will generally not make a final permit decision until the North Carolina Division of
Water Quality (NCDWQ) issues denies or waives State certification required by Section 401 of the
Clean Water Act (PL 92 500) The receipt of the application and this public notice combined with
appropriate application fee at the North Carolina Division of Water Quality central office in Raleigh will
constitute initial receipt of an application for a 401 Water Quality Certification A waiver will be deemed
to occur if the NCDWQ fails to act on this request for certification within sixty days of the date of the
receipt of this notice in the NCDWQ Central Office Additional information regarding the Clean Water
Act certification may be reviewed at the NCDWQ Central Office Webscape Unit 512 N Salisbury St
Raleigh North Carolina 27604 All persons desiring to make comments regarding the application for
certification under Section 401 of the Clean Water Act should do so in writing delivered to the North
Carolina Division of Water Quality ( NCDWQ) Webscape Unit 1650 Mail Service Center Raleigh
North Carolina 27699 1650 Attention Mr Ian McMillan by May 03 2012
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic Places and is not
aware that any registered properties or properties listed as being eligible for inclusion therein are located
within the project area or will be affected by the proposed work Presently unknown archeological
scientific prehistoric or historical data may be located within the project area and /or could be affected by
the proposed work
Endangered Species
The Corps has reviewed the project area examined all information provided by the applicant and
consulted the latest North Carolina Natural Heritage Database Based on available information the Corps
has determined pursuant to the Endangered Species Act of 1973 that the proposed project will have no
effect on federally listed endangered or threatened species or their formally designated critical habitat
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts including
cumulative impacts of the proposed activity on the public interest That decision will reflect the national
concern for both protection and utilization of important resources The benefit which reasonably may be
expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments All
factors which may be relevant to the proposal will be considered including the cumulative effects thereof
among those are conservation economics aesthetics general environmental concerns wetlands historic
properties fish and wildlife values flood hazards flood plain values (in accordance with Executive Order
11988) land use navigation shoreline erosion and accretion recreation water supply and conservation
water quality energy needs safety food and fiber production mineral needs considerations of property
ownership and in general the needs and welfare of the people For activities involving the discharge of
dredged or fill materials in waters of the United States the evaluation of the impact of the activity on the
public interest will include application of the Environmental Protection Agency s 404(b)(1) guidelines
Commenting Information
The Corps of Engineers is soliciting comments from the public Federal State and local agencies and
officials including any consolidate State Viewpoint or written position of the Governor Indian Tribes
and other interested parties in order to consider and evaluate the impacts of this proposed activity Any
comments received will be considered by the Corps of Engineers to determine whether to issue modify
condition or deny a permit for this proposal To make this decision comments are used to assess impacts
on endangered species historic properties water quality general environmental effects and the other
public interest factors listed above Comments are used in the preparation of an Environmental
Assessment (EA) and /or an Environmental Impact Statement (EIS) pursuant to the National
Environmental Policy Act (NEPA) Comments are also used to determine the need for a public hearing
and to determine the overall public interest of the proposed activity
Any person may request in writing within the comment period specified in this notice that a public
hearing be held to consider the application Requests for public hearings shall state with particularity the
reasons for holding a public hearing Requests for a public hearing shall be granted unless the District
Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be
served by a hearing
Written comments pertinent to the proposed work as outlined above will be received
by the Corps of Engineers Wilmington District until 5pm May 12 2012 Comments should be
submitted to
Mr Eric Alsmeyer
Wilmington District Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive Suite 105
Wake Forest North Carolina 27587
Telephone (919) 554 4884 ext 23