20150042 Ver 1_Gabriela Garrison - NCWRC_20150402

Burdette, Jennifer a
From: Garrison, Gabriela
Sent: Thursday, April 02, 2015 3:53 PM
To: Brown, Craig J SAW
Cc: Higgins, Karen
Subject: WRC Comments - Public Notice SAW - 2014 -02254
Attachments: WRC Comments-Corps #SAW - 2014 -02254 Brickhaven -Colon Mines.pdf
Hi Craig,
I have attached WRC recommendations for the Public Notice regarding Brickhaven and Colon Mines and coal ash
storage, SAW- 2014 - 02254.
Thank you for the opportunity to comment.
Hope you have a great weekend,
Gabriela Garrison
Eastern Piedmont Habitat Conservation Coordinator
NC Wildlife Resources Commission
PO Box 149; Hoffman, NC 28347
Cell: 910 - 409 -7350
gabriela .garrison @ncwildlife.org
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9 North Carolina Wildlife Resources Commission 9
Gordon Myers, Executive Director
MEMORANDUM
TO: Craig Brown
Raleigh Regulatory Field Office
US Army Corps of Engineers
FROM: Gabriela Garrison
Eastern Piedmont Coordinator
Habitat Conservation
DATE: April 2, 2015
SUBJECT: Public Notice for Green Meadows, LLC to Discharge Fill Material into Jurisdictional
Wetlands and Streams in Association with Coal Ash Repositories at Brickhaven and
Colon Mines, Chatham and Lee Counties, respectively, North Carolina. Corps Action
ID#: SAW- 2014 - 02254.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject
document. Our comments are provided in accordance with provisions of the Clean Water Act of 1977 (as
amended), Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 -667e) and North
Carolina General Statutes (G. S. 113 -13 1 et seq.).
Green Meadows, LLC proposes to permanently impact 1.14 acres of jurisdictional wetlands, 0.50 acres of
isolated (non jurisdictional) wetlands and 4,166 linear feet of jurisdictional intermittent and perennial
streams at Brickhaven and Colon Mines, located in Chatham and Lee Counties, respectively. In
accordance with the Coal Ash Management Act of 2014, Duke Energy is obligated to close its coal ash
basins at four plants across the state. As such, Duke Energy has partnered with Charah, Inc. to transport
approximately three million tons of coal ash from the Riverbend Steam Station and Sutton Electric Plant
for use as structural fill in reclamation pits at Brickhaven and Colon Mines. Structural fill and associated
infrastructure will encompass 166 acres at Brickhaven Mine and 137 acres at Colon Mine.
The coal ash will be contained in engineered fill cells that use a High Density Polyethylene (HDPE) liner,
seamed and welded to ensure no leakage will occur. The liner forms a continuous chemical - resistant
barrier to prevent potential groundwater and soil contamination. The base of the fill cell will consist of
three layers: a geosynthetic clay liner, the HPDE liner and a fabric drainage liner. When the sites have
been filled, the cells will be capped with a layer of compacted soil, at least 6 feet in depth on the surface
and 2 feet in depth along the side slopes. Leachate will be collected and disposed of properly at an
existing wastewater treatment plant.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699 -1721
Telephone: [phone] • Fax: [phone]

Page 2
April 2, 2015
Brickhaven and Colon Mines
Corps Action ID No.: SAW- 2014 -02254
Charah, Inc. compiled a list of 140 potential mine reclamation sites in North Carolina. Site conditions
such as mine status (active vs. inactive), road access, rail access, proximity to Duke Energy plant sites and
availability for redevelopment were considered. Mines that were not eliminated due to site constraints
were contacted regarding potential purchase. General Shale, the previous operator of Brickhaven and
Colon Mines, was the only entity willing to sell its mine sites to Green Meadows, LLC.
The applicant has stated that 75% of streams and 95% of wetlands on both mine sites will be avoided. At
Brickhaven Mine, proposed railroads have been moved upslope of stream channels, and railroad crossings
will use arched culverts across jurisdictional streams. At Colon Mine, a stockpile and laydown yard area
has been eliminated and existing road crossings will be used. Green Meadows, LLC will mitigate for
unavoidable impacts at a 1:1 ratio through payment to the North Carolina Division of Mitigation Services
(formerly the Ecosystem Enhancement Program) in -lieu fee program.
At Brickhaven Mine, an unnamed tributary to Gulf Creek in the Cape Fear River basin flows through the
site; a portion of the site drains to an unnamed tributary to Shaddox Creek. Downstream of the site, there
are records for the federal and state - endangered Cape Fear shiner (Notropis mekistocholas), the federal
species of concern and state - endangered yellow lampmussel (Lainpsilis cariosa) and the state - threatened
Roanoke slabshell (Elliptio roanokensis) and eastern lampmussel (L. radiata); there are also occurrences
of the Atlantic spike (E. producta) and Carolina slabshell (E. congarea), both present on the Natural
Heritage Program `Watch List'. There are records for the federal species of concern and state - special
concern Bachman's sparrow (Peucaea aestivalis), the state - threatened bald eagle (Haliaeetus
leucocephalus) and the state - special concern four -toed salamander (Hemidactylium scutatum) within
close proximity of the mine. The Natural Heritage Natural Area, Cape Fear River /McKay Island
Floodplain, is located downstream of the site. Game lands owned by NCWRC are located near the site.
At Colon Mine, Roberts Creek and unnamed tributaries to Roberts Creek in the Cape Fear River basin
flow through the site. Downstream of the site, there are records for the Cape Fear shiner, the yellow
lampmussel, the eastern lampmussel, the Roanoke slabshell, the Atlantic spike and the Carolina slabshell.
There are records for the bald eagle close to the mine. The Natural Heritage Natural Area, Cape Fear
River /McKay Island Floodplain, is located downstream of the site.
The NCWRC offers the following comments and recommendations to minimize impacts to aquatic and
terrestrial wildlife resources:
1. Due to the presence of a federally listed species at both mine sites, a minimum 200 -foot undisturbed,
native, forested buffer along perennial streams, and a 100 -foot buffer along intermittent streams and
wetlands is advised. Maintaining undisturbed, forested buffers along these areas will minimize
impacts to aquatic and terrestrial wildlife resources, water quality and aquatic habitat both within and
downstream of the project area. In addition, forested riparian buffers protect water quality by
stabilizing stream banks and filtering stormwater runoff. Grassed buffers, particularly fescue, will not
provide the same value as forested buffers.
2. Where feasible, relocate streams using natural channel design methods. If streams cannot be
relocated, stream channels should be diverted to prevent surface waters from coming into contact with
disposed materials.
3. Stormwater control structures should be designed to achieve no net change in the hydrology of the
watershed.
4. Water quality monitoring should be performed downstream of both mine sites. In addition to
monitoring for the coal combustion constituents in Appendix I (i.e., Appendix I to 40 C.F.R. Part

Page 3
April 2, 2015
Brickhaven and Colon Mines
Corps Action ID No.: SAW- 2014 -02254
258), aluminum, boron and mercury should be added as they have the potential to adversely impact
aquatic and terrestrial wildlife resources (RTI 2002). If constituents are found in downstream surface
waters, the applicant should notify the North Carolina Department of Environment and Natural
Resources. Measures to identify the source and contain the constituents should be implemented
immediately. Downstream water quality monitoring for coal combustion constituents should
continue during post- closure. At a minimum, downstream water quality monitoring should be
performed if coal combustion constituents are found during groundwater monitoring.
5. Where feasible, stockpile top soils for final site reclamation. Excavated materials should not be
stockpiled where sediment will erode to surface waters.
6. Use seed mixtures, such as native warm season grasses, that are beneficial to wildlife in the
reclamation plan. An exact seeding mixture will need to account for soil types, moisture, pH and
degree of slope of areas to be stabilized. Relatively shallow sediment basins should be reclaimed as
wetlands where practicable. Please contact Jason Allen, District Wildlife Biologist, at (336) 524-
9801 for additional information and ideas that will benefit wildlife.
7. Sediment and erosion control measures should be installed prior to any land clearing or construction.
The use of biodegradable and wildlife - friendly sediment and erosion control devices is strongly
recommended. Silt fencing, fiber rolls and /or other products should have loose -weave netting that is
made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt
fencing that has been reinforced with plastic or metal mesh should be avoided as it impedes the
movement of terrestrial wildlife species. Excessive silt and sediment loads can have detrimental
effects on aquatic resources including destruction of spawning habitat, suffocation of eggs and
clogging of gills.
Thank you for the opportunity to review and comment on this project. If I can be of further assistance,
please contact me at (910) 409 -7350 or gabriela. arrison a)ncwildlife.org.
Literature cited
RTI. 2002. Constituent screening for coal combustion wastes. October 2002.
(https://www.rti.org/pubs/epa-hq-rcra-2006-0796-047QLRdD
ec: Karen Higgins, NCDWR
Jason Allen, NCWRC