20150042 Ver 1_Elaine Chiosso (3)_20150515

Burdette, Jennifer a
From: Haw River Assembly < [e-mail] >
Sent: Friday, May 15, 2015 3:49 PM
To: SVC-DENR.publiccomments
Subject: HRA Comments to DWM for Permit #1910-STRUCT-2015 Brickhaven Mine
Attachments: HRA Comments,DWM Structural Fill Permit 1910 Brickhaven Mine.docx
I have attached the following document from the Haw River Assembly to the Division of Waste Management:
Comments on Permit #1910-STRUCT-2015 for Coal Combustion Products for Structural Fill at
Brickhaven Mine, Chatham County
Please let me know if you have questions.
Thank you,
Elaine Chiosso
Haw Riverkeeper
Haw River Assembly
P.O.Box 187
Bynum NC 27228
(919) 5425790
chiossoa,hawriver.or

• „ ,;
May 14, 2015
Solid Waste Section Permitting Branch
NCDENR/Division of Waste Management
1646 Mail Service Center
Raleigh, NC 27699 -1646
Comments on Permit #1910- STRUCT -2015 for Coal Combustion Products for
Structural Fill at Brickhaven Mine, Chatham County
The Haw River Assembly is a non -profit organization that has been working since 1982. to
protect the Haw River and Jordan Lake in the Upper Cape Fear basin and to safeguard water
quality for the communities that live in this watershed. The Brickhaven mine that is proposed
for disposal of Duke Energy coal ash is within the Shaddox Creek watershed of the Haw River.
Project is Not "Beneficial Use"
We do not agree with the permit application that the disposal of coal ash at Brickhaven #2
Mine Tract "A" meets the qualifications for "beneficial" use of coal combustion residuals.
Session Law 2014 -122 (Senate Bill 729) states:
130A- 309.201. Definitions. Unless a different meaning is required by the context, the
definitions of G.S. 130A -290 and the following definitions apply throughout this Part:
(1) "Beneficial and beneficial use" means projects promoting public health and
environmental protection, offering equivalent success relative to other alternatives, and
preserving natural resources.
(14) "Structural fill" means an engineered fill with a projected beneficial end use
constructed using coal combustion products that are properly placed and compacted. For
purposes of this Part, the term includes fill used to reclaim open pit mines and for
embankments, greenscapes,
The land affected by the disposal of Duke Energy's coal ash at the Brickhaven No.2 Mine Tract
as "structural fill" will not be a beneficial use to this property. It will not promote public health
and environmental protection, or preserve natural resources There will not be a beneficial end

use but rather the land will be further degraded and become unsuitable for any further useful or
beneficial purpose.
According to the Green Meadows LLC application, 267 of the 301 acres now owned by Green
Meadows would be allowed to be disturbed in order to place 12.5 million tons as structural fill
into 144.5 acres of lined fill area over an estimated period of 7.5 - 8 years to completion..
Much of the existing 267acres that will be disturbed or filled, has never been excavated for clay
mining or has already been rehabilitated by natural processes into ponds, wetlands and
vegetation. This project's goal is not to "reclaim an open pit mine" but rather to dispose of coal
ash. It is already a habitat for wildlife, one that will be destroyed by the construction of the coal
ash disposal project.
No Safe Post - Closure Use of Site
Furthermore, the finished height of the encapsulated coal ash will be above grade of the
surrounding land, and no heavy equipment, construction or anything else that could damage the
integrity of the coal ash liners, can be used on top of the so called "reclaimed" area of structural
fill.
Under Section 3.7 of the March 15 Structural Fill Mine Reclamation permit application
submitted by Green Meadow LLC and Charah the following information is given by them for
what the future "beneficial use" of this coal ash depository would be:
"NCGS §130A- 309.218 (b) (2) c. requires that a description of the planned uses of
the property during the post - closure period be included in the post - closure plan. The
property will be actively marketed as an industrial use site for development
through the local and state economic development commission as well as other real
estate advertisement methods. In accordance with NCGS §130A- 309.218 (b) (2) c.,
any post - closure use of the property will not disturb the integrity of the cap
system, base liner system, or any other components of the containment system or
the function of the monitoring systems, unless necessary to comply with the
Charah, Inc. I Brickhaven No.2 Mine Tract "A" — Closure and Post - Closure Plan
requirements of this subsection. NCDENR will be consulted prior to any disturbance
of the structural fill project and /or its containment system. Prior to any disturbance,
the Operator will demonstrate that disturbance of the cap system, base liner
system, or other component of the containment system will not increase the
potential threat to public health, safety, and welfare; the environment; and natural
resources as required by NCGS §130A- 309.218 (b) (2) c. "
It is a complete misnomer to call something structural fill that can never support any further
structure or any further use, other than to contain the toxic ingredients that are in the coal ash.
Even that use is limited, as the liners degrade over time. Statements by Charah that this could be
a future economic development site are clearly misleading at best. Likewise the suggestion that
this "reclaimed land" could be used for some kind of future agricultural purposes is at odds with
the great danger of creating a pathway to human consumption of the toxic materials that make
up coals ash, including arsenic, lead, mercury, cadmium, chromium, selenium, aluminum,

antimony, barium, beryllium, boron, bromide, chlorine, cobalt, manganese, molybdenum, nickel,
thallium, vanadium, and zinc. Some coal ash also contain radioactive materials.
Leachate Issues - Disposal and Post - closure
We are very concerned about the large amount of leachate (an estimated 55,729 gallons per day)
that is expected to be collected from under the coal ash. There are many unanswered questions
about where this leachate will be disposed of, and how it will be managed after the 30 year post -
closure period.
The applicant states under "Leachate /Stormwater Storage and Treatment Facilities page 7, 48
"Determination of leachate storage capacity was based on average annual leachate
collection rate from the HELP model. The maximum average annual leachate collection
calculated was 78,144 cf /acre. Based on the largest cell at 19.334.8 acres the leachate
generation volume is 2,719,411 cf/ year (55,729 gal /day). Considering the 1,000,000 gal
capacity available onsite, the storage capability is approximately 21.5 days. Note that
the above estimate is based on average leachate generation rate and the storage
capacity needed could be significantly more if peak day leachate generation rates are
used. Therefore, the owner may need increased leachate pumping and /or trucking
capabilities during peak demands. "
Section 2.4.3.3 of the Facility Plan has been revised to state "The primary leachate disposal
will be via private sewer line to a wastewater treatment plant. A discharge permit is
currently being sought and will be provided prior to operation of the system." According to
"Conditions of Construction " under 18a of the draft permit "A leachate disposal permit must be
provided, in electronic form ". Doesn't DWM require that an agreement is in place with a
WWTP to accept this leachate before approving the permit? What guarantees will that WWTP
have that they can treat the many toxic components of coal ash wastewater. What guarantees are
in place that downstream drinking water users will not be harmed by these toxins that are not
treated, or treated sufficiently by the WWTP accepting them?
The heavy metals and other constituents of coal ash leachate can interfere with the wastewater
treatment plant, and create new problems and costs that are borne by those municipalities.
Among these pollutants are the bromides from the coal plant scrubber, which can become a
constituent of the fly ash "The lack of regulations for bromides can be a problem, said Tom
Boyd, a senior environmental specialist at the Department of Environment and Natural
Resources. Boyd, who works with drinking -water plants in northwest North Carolina, said coal
plants send their scrubber waste to wastewater treatment systems, but that those systems often
fail to remove the bromide. "Sadly, it's passing through into the waters of the state," he said.
Boyd, like Hoffmann, noted that North Carolina does not control bromide releases into streams
or rivers. "It's a non - regulated chemical," he said. The Cape Fear River already has highly
elevated levels of bromide.
http. / /www. northcarolinahealthnews. org/ 2014 /04/07/ coal - waste -inay- cause - carcinogen -s pikes -
in- drinking water/

Although the draft permit describes a system for monitoring the leachate after the final coal ash
is encapsulated at the site, there does not seem to be any plan how leachate will be managed after
30 years or who will do it? Who will be responsible for monitoring groundwater beyond the 30
years? It is a fact that all liners eventually degrade and leak, and some much sooner, due to
improper installation or breaches.
We believe there are much safer alternatives for long term containment of coal ash that should be
considered, even if they are more costly. Duke Energy long neglected the issues of
contamination of our state's waters by their coal ash waste and have finally being held
accountable in court through penalties, fines and probation. They need to explore much safer and
more permanent solutions for the disposal or reuse of coal ash than pretending that this coal ash
dump is mine reclamation using coal ash as structural fill. This Structural Fill Mining Permit
41910 should be denied on the grounds that it is not beneficial use of the Brickhaven site, and
that it will degrade, not promote, public health and environmental protection, and will destroy,
not preserve, natural resources.
Thank you for considering these comments.
Sincerely,
Elaine Chiosso,
Haw Riverkeeper