20150042 Ver 1_Jeannie Ambrose_20150516

Burdette, Jennifer a
From: Jeannie <jeanniea @centurylink.net>
Sent: Saturday, May 16, 2015 4:29 PM
To: SVC_DENR.publiccomments
Cc: Burdette, Jennifer a
Subject: DENR mining and structural fill permit
Attachments: May 16, 2015 - Written Comments -Three DENR Permits -JA .docx
Thank you for the opportunity to submit written comments.
Jeannie Ambrose
Chatham Co.

Written Comments on Three DENR Permits
[Brickhaven No. 2 Mine Tract "A ", Chatham Co., and Colon Mine site, Lee Co.]
Submitted by Jeannie Ambrose, Chatham Co. resident
May 16, 2015
DENY the PERMIT
Charah /Green Meadows' structural fill permit applications for mine reclamation projects purport to
restore and improve these abandoned clay mine sites to its natural state for an intended use.
However, the suitability of creating mounds rising to the height of 50' with a final cover of 4 -5' of
topsoil over the completed fill for commercial, recreational, or agricultural uses seems problematic.
The proposed installation of a lined coal ash repository includes the excavation of land that has never
been mined. The scale and scope of these projects is like those for a megalandfill that normally would
require a more comprehensive and stringent permitting process before a permit and hosting fee are
approved by the local government. Presumptive liability and responsibility for implementing
corrective action to adversely impacted communities near the landfills, along the shipping routes, or
downstream should remain with Duke Energy and not transferred to limited liability companies.
Bonds should be set higher to cover the cost of any [Superfund] cleanup and not passed on to future
generations. Coal ash from South Caroline can not be relocated to the proposed landfills as written in
the permit. Air quality permits should be required for continuous air quality monitoring of heavy
truck and rail diesel emission levels, fine, particulate matter from fugitive coal ash dust, and toxic
chemical levels both at the site and along the shipping routes. Without these recommended changes,
approval for all three permits [DWM coal ash use permit, DEMLR modifications to existing mining
permits and DWR 401 water quality certification] for clay mine reclamation projects should be
denied.
LINERS LEAK
The successful landfill application of this relatively new geomembrane technology is still being
learned but, in the meantime, implementation of these systems can put human health and the
environment at potential risk. Beginning in the 1970s, J. P. Giround, "Father of geosynethic liner
systems," introduced versions of the modern landfill designs double liner systems. Identifying the
limitations in knowledge and construction practices has continued worldwide since his 1992
conference lecture on 'Foundation of Success: Lessons Learned from Failures Associated with
Geosynethics" and updated in 2000. For examples, in 2003 long -term liner integrity as a component
of landfill stability issues in United Kingdom and overseas case studies was reviewed in the
literature, and the 2016 GeoAmericas calls for abstracts include: lessons learned from failures,
geomembrane welding: what we have learned over the years, et al. Although we can not know for
certain the actual long -term integrity and performance of geosynethic liners currently proposed with
warranties up to 500 years, we can expect current landfill technology, materials and best
management practices to become outdated and no longer used as more lessons are learned. In
addition current engineering design regulations of containment and settlement ponds and berms
must evolve in anticipation of new patterns of extreme weather events to prevent overtopping or
destabilization.
What we do know is that all plastic liners have the potential to leak. Introductory engineering
exercises challenge schoolkids to construct a leak -proof plastic bag filled with water. Studies cite
numerous factors that can damage this protective liner barrier and release uncontrolled leachate
between the coal ash and the groundwater in both engineered and un- engineered seep discharges.
The mechanical and chemical stresses to the sides or base of the landfill that may induce liner failure
are included but are not limited to the following:
• pinhole pricks or perforations in liners occurring during manufacture, installation, or along
the seams when field welded

• natural subsidence or swelling of subgrade causing stress fractures in liner over the
lifetime of landfill; subsidence can also occur during compaction of fill material or due to the
plasticity of clay when mixed with water
• tension cracks may form due to movement of fill
• deterioration from UV exposure
• pH and temperature effects
• prolonged exposure to leachate and groundwater. These interactions must be minimized.
Landfill liner membranes can become permeable to selenium anions in the leachate. Will leachate
system clog or pipes break and require maintenance? Is there an adequate separation distance from
the seasonal water table?
LEACHATE
The coal ash landfill permit should require a contract agreement with an approved wastewater
facility to accept and treat coal ash leachate for discharge before the permit application is complete
for review. Since local municipal wastewater plants were designed to process organic waste and not
the heavy metals and, possibly, radioactive constituents characteristic of the source of coal ash. Toxic
metals in the leachate can damage the treatment system before entering the receiving stream. Cary's
municipal treatment plant will not accept coal ash leachate to avoid risking the [exceptional value] A
rating of the biosolids that it sells.
LOSS of SPECIES HABITATS
Applications of dust suppressants (i.e., Gorilla Snot), sediment control flocculants, and herbicides (i.e,
glycophosphates to suppress trees from growing into the 40 mil -liner cap system) can be toxic to
wildlife, fish and humans. In the Rare Species Pocket Guide for Chatham County the species found
near or in the Haw and Deep River include: butterfly Phacelia in the floodplains and adjacent forests;
(federally listed) Harpellia in rocky gravel bars in free - flowing segments of rivers at the confluence of
Rocky River and Deep River; yellow lampmussel in free - flowing perennial streams in the substratum;
Carolina Creekshell in free - flowing perennial streams buried in the substratum; and Carolina
Redhorse in free - flowing rocky streams and rivers with deep runs and pools. Of particular note is the
(federally listed) four -toed salamander in moist woods near fish -free vernal pool in the Brickhaven
area and the bog spicebush in shrub - and -tree dominated wetlands that border headwater streams
draining sloping hills in the Moncure area. Even before liner cell installation and associated
infrastructure construction begins, sedimentary discharge from the existing water - filled clay pit
already flows into one of the unnamed tributaries of Goff /Gulf Creek and may have impacted the
wetlands as it flows into the Haw River. These plant and animal populations will be at even greater
risk when railroad spur construction begins in the floodplain and wetlands near Shaddox Creek. In
addition, the most significant find in the archaeological survey at the Brickhaven site is near the
southern end of the water - filled clay pit site and northwestern corner of the Mansfield property.
WATER AT RISK
The water quality of private well water supply of local residents as well as state waters for meeting
the increasing water supply demand of those living downstream and for recreational purposes in the
Haw River basin [the largest river basin located entirely in NC] are all at risk. Potential cumulative
pollution sources that can contaminate both surface and ground water are from spills along train or
truck shipment routes of coal ash or waste water disposal from engineered coal ash leachate system;
slow, undetected landfill seepage from liner cells; and runoff from truck or railcar wash stations. This
is in addition to incidents of illegal discharge of wastewater from coal ash impoundment [2014] and
fugitive dust problems [April, 2015, Corinth Rd.] at the Cape Fear Coal plant in Moncure.
Similar to the concern of problems associated with possible contamination of water well supply from
fracking - related actives, more than one baseline testing of private water wells may need to be
conducted. The current design of the proposed array of monitoring well system is inadequate in

detecting all potential plume flows. Long -term monitoring after 30 years or closure is needed
because contamination changes and problems may take decades to occur or detect. Monitoring
should be extended in perpetuity or at a minimum of 500 years to cover the time period of liner
warranty. Who assumes the presumptive liability throughout its life? As landfills continue to increase
in size, there is greater difficulty in identifying where the breach occurred and how to correct the
problem. What corrective measures can be taken if a leak is detected after the encapsulated coal ash
is buried and closure is completed? Who will assume the ultimate presumptive liability for
environmental contamination in the likelihood of a leaking landfill? This financial burden should not
be borne by state and local taxpayers or the local government who had their power and authority to
adhere to their existing or to pass new protective environmental ordinances or regulations for coal
ash [and fracking - related] operations exempted by the State.
HEALTH CONSIDERATIONS
In the 2014 Coal Combustion Study as required by the Coal Ash management Act, Appendix III -
Beneficial Uses of Coal Combustion Residues: Medical Issues,
http:/ /portal.ncdenr.org/c /document library/get file?uuid=b56fOc47- 7755- 4aee -9fe2-
9137b356b50d&groupId= 61581, some toxicants left off this list include: heavy metals selenium,
molybdenum, and boron, vanadium, copper, nickel, thallium, aluminum, barium, cobalt, antimony,
and beryllium. If these are ingested or inhaled, short or long -term exposure to these toxicants can
accumulate in the body causing health problems, often latent. Studies conducted by Dr. Dennis Lemly
at Wake Forest University have documented the range of fish deformities due to high selenium levels
found at Sutton Lake.
[2013, Nov. Biological Assessment to Determine Impacts of Selenium Pollution from Coal Ash Waste Discharges on
Fish Populations in Lake Sutton, NC. A. Dennis Lemly. Report prepared for the Southern Environmental Law Center,
https: / /drive.google.com /file/d/OB 1dk6uYvOlc2RktfRlhPMOItTms /edit ?pli =1]
This is significant since coal ash residue from the leaking Sutton impoundments, state - listed as an
"Inactive Hazardous Site," will be excavated and relocated to the Brickhaven site. DENR issued a
Notice of Violation when it was discovered that discharge exceeded groundwater standards and that
the polluted waters had migrated off -site.
[Available at 2010. Thirty -one New Damage Cases of Contamination from Improperly Disposed Coal Combustion
Waste. Environmental Integrity and Earthjustice,
http:// www. environmentalintegrity.org/news reports /documents /OutofControl-
MountingDamagesFromCoalAshWasteSites .pdf.l
Consider the five coal ash issues recommended by Physicians for Social Responsibility for the
Environmental Protection Agency to consider in developing its federal regulations and guidelines:
1. Study the interaction of multiple contaminants found in the coal ash
2. Monitor long -term to identify latent health effects due to exposure to coal ash.
3. Discontinue use of Toxicity Characteristic Leaching Procedure for analyzing coal ash toxicity
because the procedure does not include environmental variables such as pH.
4. Protect vulnerable populations [workers, children, environment justice communities] who are
more susceptible to health risks from exposure to coal ash
5. Restrict use of coal ash that is not chemically bond to prevent toxicants from leaching into the
environment.
[Available at http:/ /www.psr.org/assets/pdfs/ big- issues -in -coal- ash- disposal.pda
SAFETY CONCERNS
Increased truck traffic flow on rural secondary roads at these sites is a major safety issue.
There are many more rural road miles to maintain than urban road miles in North Carolina. In fact, North
Carolina has the second largeststate road network in the country, just smaller than Texas. Unfortunately, rural
roads in North Carolina are not in the best conditions, with 49% rating as fair, mediocre or poor... While rural
residents accountfor only a third of our populations, almost three quarters of fatal accidents in North Carolina
occur on rural roads.

[2012. Beyond the Bypass: Addressing Rural NC's Most Important Transportation Needs, Southern Environmental
Law Center. Available at https:// www. southernenvironment. org/ uploads / publications /NC_Rural_Report_LR_F.pdfl
Rural roads often lack costly safety design features to minimize traffic accidents. For example, the
sharp curve on Moncure Flatwoods Rd. south of the General Shale entrance is dangerous for speeding
heavy trucks and should be avoided. Heavy rail traffic across Corinth Rd. could impede emergency
services from responding to urgent calls or delay transport of the injured to medical facilities. Also
the structural integrity of rural bridges [for example, one built in 1948 over Gulf /Goff Creek on
Corinth] along the transportation route should be examined to see if these structures can bear
increased 3 -ton, diesel truck traffic [one semi -truck = 6000 cars].
Since rail infrastructure inspections do not fail under the purview of the state, increased daily rail
traffic over bridges spanning the Haw River, other water bodies, and wetlands is another safety and
health concern. Fine, coal ash dust particulates escaping from tarp- covered freight cars or coal ash
spills from rail accidents can accumulate along the transportation route through farmlands.
ALTERNATIVES
Although there are no good solutions, alternative options such as salt -stone technology should be
considered. A small company in Matthews, NC, has had experience in a project completed in 2015.
Although solidification of coal ash combustion products with Portland cement can stabilize storage of
toxic heavy metals, it does not resolve the problem of radioactivity. Solidified coal ash residues
should be stored in aboveground concrete bunker to prevent toxic dust dispersal and further
contamination of ground and surface waters.
DENY the PERMIT SUMMARY
Based on past track records we know we can't depend on our state government and its
environmental or health agencies —and certainly, not the utility companies —to responsibly protect
the people and the environment. For example, 2014 State regulations prevented local government
from adopting protective ordinances to minimize the potential harm from coal ash [or fracking]
disposal operations in their communities. When counties in North Carolina are limited to passing
resolutions opposing coal ash, no amount of `good neighbor' public relation outreach program can
restore confidence that the State is willing to uphold or able to safeguard the constitutional right of
its citizenry to clean natural resources. The public is becoming increasingly aware that the authority
to do this is not possible without sound and strong, protective environmental legislation in NC.
The possible failure at another coal ash storage facility puts the health and safety of the environment
and the public in constant jeopardy and adversely affects the regional economy. How will the
community near the Moncure and Sanford clay mines deal with chronic exposure to coal ash
threatening the health of their families and animals. How will they deal with the financial burden of
relocating their homes and farms away from the coal ash storage burial sites. Sadly, locals have
reported that their property values are already in decline. Some say that they are unable to sell their
property because no one — especially, retirees —want to live in areas with potential drinking water
and air quality issues. How can these areas recover the economic loss of attracting businesses,
tourists, and retirees that desire a high quality of living and value clean natural resources. How will
the county or municipalities recover costs associated with increasing demand for health care,
emergency hazardous services, environmental cleanups, and maintain safe roads.
The safe relocation of solidified coal ash residues away from our rivers is only one step of many to
begin to protect the water supply for all that depend on it from toxic contaminates. Implementing the
other recommended changes to the permit, listed in the first paragraph, might help as well. In the
meantime all three permits as modified should be denied.
FYI. The Pope has warned that God will judge those who don't preserve the environment.
[Available in http://www.laboratoryequipment.com/ news / 2015 /05/pope- francis- god -will- judge- those -who-
dont- preserve - environment ?et cid= 4568972 &et rid = 650432290 &location =too1