_Cape Fear Mtg Officer Report FINAL 051316

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
MEMORANDUM
May 13, 2016
To: Secretary Donald R. van der Vaart
PAT McCRORY
covet not
DONALD R. VAN DER VAART
sen e terry.
From: John L. Holley, Jr., PE, CPESC, Regional Engineer, RRO
Division of Energy, Mineral, and Land Resources
Subject: Meeting Officer's Report
Coal Ash Impoundment Classifications)
Cape Fear Steam Electric Plant
TRACY DAVIS
Director
On March 10, 2016, I served as meeting officer for a public meeting held at the Central
Carolina Community College campus in Pittsboro, N.C. The purpose of the public
meeting was to allow the public to comment on the proposed risk classification for coal
combustion residuals impoundments at the Cape Fear Steam Electric Plant. This report
summarizes all of the public comments related to the proposed risk classification for
the Cape Fear Steam Electric Plant.
This report has been prepared using the following outline:
I. History/Background
11. March 10, 2016 Public Meeting and Oral Comments Summary
III. Written Public Comments Summary
IV. Attachments
State of North Carolina Environmental Quality Energy, Mineral and land Resources
512N. Salisbury Street 1612 Mail Service Center Raleigh, North Carolina 27699-1612
919 707 9200

I. History/Background
Under the historic Coal Ash Management Act (CAMA) of 2014, all coal ash impoundments
in North Carolina are required to be closed. The deadlines for closure depend on the risk
classification of each impoundment as low, intermediate, or high. CAMA required the
Department of Environmental Quality, or DEQ, to make available to the public the initial
draft proposed classifications no later than Dec. 31, 2015. These draft proposed
classifications were based on the information available to the department as of December
2015. It is important to note that these were not the final proposed classifications. After the
release of the draft proposed classifications, CAMA requires the following process:
• DEQ must make available a written declaration that provides the documentation to
support the draft proposed classifications within 30 days, which will be made
available on the DEQ website. The written declaration will provide the technical and
scientific background data and analyses and describe in detail how each
impoundment was evaluated.
• DEQ will publish a summary of the declaration weekly for three consecutive weeks
in a newspaper in each county where a coal ash facility is located.
• The declaration will be provided to each local health director and made available in
a library in each county where a coal ash facility is located.
• The summary of the declaration will be provided to each person who makes a
request.
• A public meeting will be held in each county where a coal ash facility is located.
• Following completion of the public meetings and the submission of comments, the
department will consider the comments and develop final proposed classifications.
Il. March 10, 2016 Public Meeting and Oral Comments Summary
Approximately 74 people attended the public meeting, including staff members of the DEQ
and the meeting officer. A total of 71 individuals completed sign -in forms at the meeting
(Attachment I). As meeting officer, I provided opening comments and provided a brief
presentation on the proposed risk classifications for the Cape Fear Steam Electric Plant.
Before the meeting commenced, 25 individuals registered to present oral comments. One of
the registered speakers decided to provide their comments in writing during the official
comment period. Speakers were given five minutes to comment. The list of speakers is
included as Attachment II. The following is a summary of oral comments received at the
public meeting summarized by topic (in no particular order):
Environmental: There were concerns about quality/pollution of ground and surface
water and having available clean drinking water for the long term. The documented
presence of metals and chemical toxins in the waters around the site were mentioned
frequently.
State of North Carolina Environmental Quality Energy, Mineral and land Resources
512N. Salisbury Street 1612 Mail Service Center Raleigh, North Carolina 27699-1612
919 707 9200

Health Issues: There were comments regarding toxic materials relating to health issues,
including cancer. It was also noted that long-term monitoring data should be made public
associated with any disposal sites.
Criticism of the Administration and General Assembly: There were comments critical
of the Administration and General Assembly for a perceived inappropriate relationship
with Duke Energy that would result in the State not taking the appropriate measures for
its citizens. It was frequently noted that DEQ and Duke Energy had lost the public trust.
Many mentioned that Duke Energy should be held fully accountable for the clean-up and
disposal costs.
Changing Reports and Classifications: There were comments critical of reports
regarding changing risk classifications. The risk classification being considered lower
than the Dam Safety Hazard Classification was mentioned frequently. The changes in
water quality standards associated with coal ash sites (weakening) were also mentioned.
Dam Safety: Comments were made that the condition of the dams has been rated as poor
by the EPA and that DEQ has required a number of repairs. Until all of those issues are
addressed, the risk should be considered high.
Risk Classification: Comments were made supporting only risk classifications of
intermediate or high. It was also mentioned that cap -in-place is unacceptable. There were
comments addressing solid encapsulation of coal ash instead of landfilling. Comments
also suggested following South Carolina's lead in how to perform the ash clean-up. A
Duke Energy representative commented that it is evaluating all closure solutions taking
science, continued safety, costs, people and community into account.
III. Written Public Comment Summary
In addition to the public meeting, DEQ received written comments during the public
comment period. DEQ received seven comments that were submitted during the public
meeting. There were 344 emails received by DEQ.
The following is a summary of written comments received at the public meeting and via
email summarized by topic (in no particular order):
Environmental: There were comments related to protecting all sources of drinking water
and that there were over 500,000 people relying on water intakes downstream of the Cape
Fear facility. Contamination of waters by toxins associated with coal ash was
highlighted.
Health Issues: There were comments regarding toxic materials relating to health issues
being traced back to the Cape Fear Coal Ash Basins. Those health issues include cancer.
Criticism of the Administration and General Assembly: Comments alleged poor
management of coal ash by Duke Energy, as well as insufficient action by DEQ to protect
the public.
State of North Carolina Environmental Quality Energy, Mineral and land Resources
512N. Salisbury Street 1612 Mail Service Center Raleigh, North Carolina 27699-1612
919 707 9200

Dam Safety: There were comments regarding stability of the dams at the Cape Fear Plant
and concerns that they have not all been repaired. There were also concerns that dam
failure would be catastrophic because of the materials stored in the coal ash
impoundments.
Risk Classification: There were comments that the Cape Fear Plant should be an
intermediate or high risk facility and that all coal ash should be removed to lined landfills
instead of allowing cap -in-place method, which will not protect the community.
Comments also requested that alternative methods of disposal be used including solid
encapsulation, recycling and reuse.
Duke Comments: Duke Energy supplied written comments at the public meeting
indicating that it is evaluating all closure solutions taking science, continued safety, costs,
people and community into account and will remain open to communication with its
neighbors.
IV. Attachments
I. Public Notice of March 10, 2016 Meeting
II. Public Meeting Sign -in Forms
III. Public Meeting Speaker List
IV. Audio File of Public Meeting
V. Written Public Comments Received
VI. Supporting Documentation Received During Public Hearing
State of North Carolina Environmental Quality Energy, Mineral and land Resources
512N. Salisbury Street 1612 Mail Service Center Raleigh, North Carolina 27699-1612
919 707 9200