20150041 Ver 1_Southern Environmental Law Center_20150324

SOUTHERN ENVIRONMENTAL LAW CENTER
Telephone 919 - 967 -1450
VIA E -MAIL AND U.S. MAIL
601 WEST ROSEMARY STREET, SUITE 220
CHAPEL HILL, NC 27516 -2356
March 23, 2015
NC Division of Water Resources Central Office
Attn: Ms. Karen Higgins, 401 and Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
[e-mail]
Facsimile 919 - 929 -9421
RE: Comments on Section 401 Water Quality Certification Application for Green
Meadows Mine Fills, Corps Action ID Number: SAW- 2014 -02254
Dear Ms. Higgins:
On behalf of the Catawba Riverkeeper Foundation, Cape Fear River Watch, Waterkeeper
Alliance, and the Sierra Club (collectively, the "Conservation Groups "), the Southern
Environmental Law Center offers the following comments on the application of Green
Meadows, LLC (a subsidiary of coal ash management company Charah, Inc.) for a Section 401
water quality certification for mine fills impacting jurisdictional wetlands and streams in Lee and
Chatham Counties.
The Conservation Groups are plaintiffs in pending federal lawsuits and plaintiff -
intervenors in pending state enforcement actions against Duke Energy Progress, Inc. and Duke
Energy Carolinas LLC (collectively, "Duke Energy ") for coal ash pollution at its Riverbend
facility on Mountain Island Lake near Charlotte, NC, and its L.V. Sutton facility on Sutton Lake
near Wilmington, NC. The Conservation Groups have long advocated for cleanup of Duke
Energy's coal ash at Riverbend and Sutton as well as other sites around the state, including Duke
Energy's Cape Fear facility, which is located very close to both the Chatham and Lee County
mine fill sites. The Chatham and Lee County mine fills proposed in this application are currently
planned to receive coal ash that would be excavated from Duke Energy's Riverbend and Sutton
facilities.
The Division of Water Resources ( "DWR ") should add the conditions described below to
any 401 water quality certification for these sites to ensure adequate monitoring to protect
groundwaters and surface waters of the state.
DWR may issue a 401 certification only after determining "that existing uses are not
removed or degraded by a discharge to classified surface waters for an activity which:... (3)
does not result in the degradation of groundwaters or surface waters ...." 15A N.C. Admin.
Code 2H .0506(b).
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In this case, the following monitoring conditions should be added to ensure that the
proposed mine fill projects do not result in the degradation waters of the state, including
groundwaters:
Colon Site (Lee Co.)
At least two monitoring wells should be added to the plan. One additional well should be
located along the east end of the northern side of the fill directly north of PZ -9s, where
the intermittent tributary is closest to the compliance boundary. The second additional
well should be located along the northern side of the fill directly north of PZ -12. Each of
these locations currently show high hydraulic gradients toward the creek and are not
monitored in the proposed monitoring plan.
2. The Water Quality Monitoring Plan (included in the Design Hydrogeological Report at
Section 13.5) calls for four initial background monitoring events. Monthly monitoring of
groundwater elevations should be required for at least the next year in order to verify
assumptions about the seasonal high water levels. Background sampling should be
conducted on a quarterly basis for the first year in order to evaluate possible seasonal
variation in water quality.
Brickhaven Site (Chatham Co.):
1. At least two monitoring wells should be added to the plan. One should be located on the
southeast corner of the fill, and another on the southwest corner of the fill, both located
downgradient of the low points of the planned landfill liner.
2. The Water Quality Monitoring Plan (included in the Design Hydrogeological Report at
Section 13.5) calls for four initial background monitoring events. Monthly monitoring of
groundwater elevations should be required for at least the next year in order to verify
assumptions about the seasonal high water levels. Background sampling should be
conducted on a quarterly basis for the first year in order to evaluate possible seasonal
variation in water quality.
In addition to DWR requiring the conditions described above in any 401 certification
issued for the proposed projects, we further request that DWR serve us with copies of any
additional public notices related to this 401 application and any draft or final certifications.
Thank you for the opportunity to submit these comments.
Sincerely yours,
Frank S. Holleman III
Nicholas S. Torrey
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