Town Creek Ash Removal Project Email_20140513

H i22 ins, Karen
From:
Sent:
To
Subject:
Attachments:
Classification: UNCLASSIFIED
Caveats: NONE
Hi Karen,
Shaeffer, David L SAW < David .L.Shaeffer @usace.army.mil>
Tuesday, May 13, 2014 7:28 AM
Higgins, Karen
RE: Duke Energy - Dan River Steam Station - Town Creek Ash Removal Project
(UNCLASSIFIED)
[EXTERNAL] FW: ARAR Question and Eden Ash; [EXTERNAL] Re: Duke Coal Ash Spill -
EPA Regulatory Authority (UNCLASSIFIED)
See attached. I meant to keep you in the loop on the exemption question. My apologies.
EPA is operating under CERCLA and has determined that these cleanup activities are exempt from our permitting
requirements (per section 121(e) of CERCLA). The CERCLA exemption actually applies to all federal, state, and local
permits. EPA /Duke must follow the substantive but not administrative requirements of NWP 38.
Please let me know if you have any additional questions.
Sincerely,
David L. Shaeffer, Geographer
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: 919 - 554 -4884 ext. 31 Fax: 919 - 562 -0421
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at jLp- r gulatory.usacesurvey.corn/
- - - -- Original Message---- -
From: Higgins, Karen [mailto:karen -h1 ins @ncdenr,gov]
Sent: Monday, May 12, 2014 5:10 PM
To: Shaeffer, David L SAW
Subject: [EXTERNAL] Duke Energy - Dan River Steam Station - Town Creek Ash Removal Project
Hey David-
We've received a packet of information from Steve Cahoon with. Duke Energy regarding a cleanup of —50 cubic yards of
sediment and coal fly ash at the confluence of Town Creek and the Dan River. According to the information provided,
this action is being done under CERCLA and no 404 or Section 10 permit is required from the Corps. Can you please
confirm that in fact no 404 or Section 10 permit will be required for this activity?

I'm happy to scan and email you the information we were provided if you don't have it.
Thanks-
Karen
Karen Higgins
401 & Buffer Permitting Unit Supervisor
NC DENR - Division of Water Resources
1650 Mail Service Center, Raleigh, NC 27699 -1650
Phone: [phone]
t �• #^ • -� 51M
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
Classification: UNCLASSIFIED
Caveats: NONE

Hluins, Karen
Prom: Eichinger, Kevin [e-mail]`
Sent Monday, March l0'2OI4l225 PM
To; Shaeffer, David LSAW
Cc, Gaughan, Perry; Bartos,Myles
Subject: [EXTERNAL] FVV:ARARQuestion and Eden Ash
Attachments, Location -Specific ARARs for Camp L jeuneSite89 EE[A_6 ll'2UU9 EPALeQa|.doc
EM
From: Buxbaun\David
Sent; Monday, March 10, 2014 10:34 AM
Tm:VVeisinger, Keith; Bchingar, Kevin
Cc: Hicks, Matt
Subject: RE: ARAR Question and Eden Ash
If there is Action Memo or other document so it clear that we are using CERCLA removal authority then ARARs
com�liance is to the extent practicable considerin
are identified as ARARs and no permit is required. Just follow the substantive requirements which is essentially use
BMPs to create as little disruption (i.e., turbidity) when dredging the ash from river channel. See attached table below
with example Location-specific requirements.
David M. Buxbaunm
Senior Assistant Regional Counsel
Office of Environmental Accountability
U.S. Environmental Protection Agency, Region
Sam Nunn Atlanta Federal Center
61 Forsyth St. S.W.
Atlanta, GA 30303
Phone: [phone]
NOTICE: ENFORCEMENT CONFIDENTIAL AND/OR ATTORNEY-CLIENT PRIVILEGED. This message is bein
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addressed. This communication may contain information that is proprietary, privileged, confidential, or
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notify the sender immediately and delete all copies of this message. I
From: VVeisinger,Keith
Sent: Friday, March 07, 2014 3:13 PM

To: Buxbaum, David
Subject: FW: ARAR Question and Eden Ash
The problem here is that we don't have an AOC (though we will likely issue one soon for past costs and future oversight
work). We have been providing oversight and direction, and Duke has been cooperative, but that doesn't mean we
can't direct them to consider AAs. Thoughts?
KEITH WEISINGER I ASSOCIA'T'E REGIONAL COUNSEL
CONFIDENTIALITY NOTICE: This message is being sent by or on behalf of an attorney. It is intended exclusively for the
individual(s) or entity(ies) to whom or to which it is addressed. This communication may contain information that is
proprietary, privileged, or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you
are not authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message
in error, please notify the sender immediately by email and delete all copies of the message.
From: Eichinger, Kevin
Sent: Friday, March 07, 2014 2:43 PM
To: Weisinger, Keith
Subject: ARAR Question and Eden Ash
Keith,
Can you give me a call to discuss the need for ACOE permits? We need to do additional ash removal in the river and a
Corp permit may be required. I have been in discussion with the Corp and they only want to issue a formal permit if it is
legally required. In this circumstance, we are responding under our CERCLA 104 Authorities and the NCP and we do not
need to comply with the administrative requirements, only the substantive requirements. I want to make sure this is still
accurate since we do not have Duke - Energy under an order.
Thanks,
Kevin
Kevin M. Eichinger
On -Scene Coordinator and Industrial Hygienist
U.S. Environmental Protection Agency, Region 4
Emergency Response and Removal Branch
61 Forsyth Street. S.W., 11th Floor
Atlanta, Georgia 30303
Office: (404) 562 -8268
Cell: (678) 897 -3759
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Hi ins, Karen
From: Eichinger, Kevin <Eichinger. Kevin @epa.gov>
Sent: Thursday, March 06, 2014 9:13 AM
To: Shaeffer, David L SAW
Cc: Gaughan, Perry; Bartos, Myles
Subject: [EXTERNAL) Re: Duke Coal Ash Spill - EPA Regulatory Authority (UNCLASSIFIED)
We are working under our CERCLA 104 authorities and the NCP and only want to get the permits that are required. We
have not pushed this because it did not delay our operations. Also, We want to make sure you are comfortable with
everything we are doing. We are required to follow the substantive requirements of your permits but can waive the
administrative requirements.
I contacted Richard Baker yesterday after you and I spoke and explained that permits may not be require. The ACOE and
EPA should sit down with Richard on Wednesday and make this clear.
Kevin
From: Shaeffer, David L SAW < David. L. Shaefl =er j�sace.army..rril>
Sent: Thursday, March 6, 2014 8:41:06 AM
To: Eichinger, Kevin
Cc: Gaughan, Perry; Bartos, Myles
Subject: FW: Duke Coal Ash Spill - EPA Regulatory Authority (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Hi Kevin,
Please see below. It would be helpful if you could forward this question to your office of counsel for a detailed written
response. We do not want to impose our regulations on activities that are exempt.
Sincerely,
David L. Shaeffer, Geographer
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: 919 - 554 -4884 ext. 31 Fax: 919 - 562 -0421
- - - -- Original Message---- -
From: Shaeffer, David L SAW
Sent: Friday, February 28, 2014 10:06 AM
To: ' Bartos, Myles'; 'gaughan.perry @epa.gov"
Cc: Gibby, Jean B SAW
Subject: Duke Coal Ash Spill - EPA Regulatory Authority (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE

Hi Perry/Myles,
For my own edification, would you please explain to me EPA's emergency response role and statutory authority during
events such as this coal ash spill? Are you operating under CERCLA? There are permit exemptions under CERCLA so it is
important that I understand the authority. I was able to find this EPA memorandum that discusses the CERCLA section
121(e) exemption from obtaining state /federal permits for actions conducted pursuant to CERCLA sections 104, 106,
120, 121, or 122: htWjlwww.epa.gov/superLundZporicyLremgdyLEdfsL93-557()3-s.pdf
Perry - On Wednesday you asked that we work with your office instead of Duke on any permitting required for the ash
cleanup. Shortly thereafter Duke asked our office to continue to work with them on any required permitting. I am a bit
confused on what you meant. Can you please clarify? Our intention is to continue to work with Duke as the permittee
for any cleanup actions that require a 404/10 permit.
Sincerely,
David L. Shaeffer, Geographer
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone] ext. 31 Fax: 919 - 562 -0421
Classification: UNCLASSIFIED
Caveats: NONE
Classification: UNCLASSIFIED
Caveats: NONE