20201283 Ver 1_More Info Received_20210720

1

Mr. Rick Trone 20 July 2021
401 & Buffer Permitting Branch
N.C. Department of Environmental Quality Division of Water Resources
512 North Salisbury Street, Suite 942-F
Raleigh, North Carolina 27604
[e-mail]

RE: Response to NCDWR Comments
USACE No. SAW-2015-02646
Duke Energy Roxboro Ash Basin Landfill Project
Person County, North Carolina

Dear Mr. Trone:
Duke Energy, in consultation with Wood Environment & Infrastructure Solutions, Inc.
(Wood), has submitted an application to the U.S. Army Corps of Engineers (USACE) for
an Individual Permit (IP) (SAW-2015-02646) for the Roxboro Steam Electric Plant Ash
Basin Landfill Project. The submittal package and supporting documents for the IP were
also provided to the North Carolina Department of Environmental Quality (NCDEQ)
Division of Water Resources (NCDWR or Division) with a request for a 401 Individual
Water Quality Certification. USACE advertised Duke Energy’s proposal by Public Notice
on 4 December 2020. Duke Energy received two comments with Requests for Additional
Information (RAI) from the NCDWR on 13 July 2021.
The comments are recounted herein, with Duke Energy’s respective responses presented
below for NCDWR’s consideration in reviewing the requested permit for the Ash Basin
Landfill Project.
1. Please provide impact tables that include specifically the nature of each proposed
stream and wetland impact (e.g., fill, excavation, grading, culvert…..)
2. Additionally, please provide wetland type for each wetland you propose to impact. It
does appear this information is available in included WAM forms, however the wetland
names do not appear to correspond with Table 5.3 included in your February 5, 2021
response to the Division.

Duke Energy has updated Tables 5.3 and 5.4 to reflect the NC WAM classification
and the impact type. The updated tables are attached.

Also, Duke Energy has submitted the In-Lieu Fee Mitigation Request for the project to
NCDEQ Division of Mitigation Services. A copy of the conditional acceptance letter is
attached.

2

Thank you in advance for your further assistance with this project. If you have any
questions or need additional information, please contact me via phone at [phone]
or email at [e-mail].

Sincerely,

Lori Tollie
Duke Energy – Permitting & Compliance

Attachments: Tables 5.3 and 5.4
NCDEQ DMS Mitigation Conditional Acceptance Letter (7/16/2021)

cc: Steve Cahoon (Duke Energy)
Richard Harmon (Wood)
Chris Keenan (Wood)

Table 5.3. Proposed Impacts to Wetlands within the Project Site
Wetland ID NC WAM
Classification
Total Area
(acres) Impact Type Impact Area
(acres)
Landfill Area
Wetland R Headwater
Forest 0.09 Excavation 0.09
Wetland S Headwater
Forest 0.03 Excavation 0.03
Wetland V Headwater
Forest 0.08 Excavation 0.08
West Ash Basin
Wetland B Basin Wetland 0.31 Excavation 0.05
Wetland C Basin Wetland 0.19 Excavation 0.07
Wetland D Basin Wetland 0.12 Excavation 0.06
Wetland J Headwater
Forest 0.08 Excavation 0.08
Borrow Area 1
Wetland L Headwater
Forest 0.11 Roadway fill 0.04
Wetland Z Headwater
Forest AVOIDED N/A N/A
Wetland OW -1 Open Water AVOIDED N/A N/A
(Proposed impacts to Wetland Z and Wetland OW-1 in Borrow Area 1 were avoided
as a result of a followup siting visit)

Table 5.4. Proposed Impacts to Streams within the Project Site
Stream ID Total Area (lf) Impact Type Impact Area (lf)
Landfill Area
Stream 16 431 Excavation 431
Stream 19 732 Excavation 732
Stream 33 2126 Culvert 52 (permanent)
40 (temporary)
West Ash Basin
Stream 5 655 Excavation 52
Stream 6 398 Excavation 87
Stream 8 124 Excavation 102
Stream 9 167 Excavation 35
Stream 35 1700 Excavation 68
Stream 38 442 Excavation 25
Stream 40 1933 Excavation 72
Stream 50 669 Excavation 44
Borrow Area 1
Stream 10 AVOIDED N/A N/A
Borrow Area 6
Stream SRJ 2032 Culvert 56
Stream SRK 2056 Culvert 59
Stream SRKA 724 Culvert 63
Stream SRG 1278 Culvert 51
Stream SJA 2555 Culvert
(2 locations)
121
Borrow Area 8
Stream 33 2126 Excavation 511
(Proposed impacts to Stream 10 in Borrow Area 1 were avoided as a result of a
followup siting visit and detailed design)

July 16, 2021

Lori Tollie
Duke Energy
411 Fayetteville St. - mail code NC14
Raleigh, NC 27601 Expiration of Acceptance: 1/16/2022

Project: Roxboro Ash Basin Landfill County: Person
This is a conditional acceptance letter.
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table and conditions below. Please note that this decision does not assure that participation
in the DMS in-lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for
project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if
payment to the DMS will be approved. You must also comply with all other state, federal or local
government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-
214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant’s responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in-lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location
(8-digit HUC) Impact Type Impact Quantity
Roanoke 03010104* Riparian Wetland 0.73
Roanoke 03010104* Warm Stream 2,863

*DMS is offering to meet this mitigation need using assets in the Roanoke 03010102, 03010103, or
03010104 HUCs. Please note that the premium wetland rate for the 03010104 HUC will apply. Upon receipt
of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be
performed in accordance with the In-Lieu Fee Program instrument dated July 28, 2010. Thank you for your
interest in the DMS in-lieu fee mitigation program. If you have any questions or need additional information,
please contact [e-mail].
Sincerely,

FOR James. B Stanfill
Asset Management Supervisor

cc: Richard Harmon, agent