WQ0000020_Clarification of existing permit_20090421

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 21, 2009
MR. JOHN S. KEENAN, VICE PRESIDENT - FOSSIL GENERATION / PEB 8
CAROLINA POWER & LIGHT COMPANY D/B/A PROGRESS ENERGY CAROLINAS, INC.
POST OFFICE BOX 1551
RALEIGH, NORTH CAROLINA 27602
Subject: Permit No. W00000020
Dee Freeman
Secretary
Carolina Power & Light Company
d/b/a Progress Energy Carolinas, Inc.
Progress Energy Ash Distribution Program
Distribution of Residual Solids (503 Exempt)
Wake County
Dear Mr. Keenan:
This letter is intended to provide clarification on existing permit and State Administrative Code
requirements for the distribution of coal combustion products (CCP) as structural fill, and to request
additional information on structural fill activities. Non -discharge permit, WQ0000020, issued by the
Division of Water Quality on February 17, 2006 and effective until February 28, 2013, specifies the
condition under which Carolina Power & Light Company is allowed to distribute CCP. After review of
the existing permit language, and 15A NCAC 02T requirements for the distribution of CCP, the Division
felt that further clarification was needed to assure that Progress was aware of the expectations of their
distribution program.
Permit Condition II.3.b. specifies that structural/engineered fill (i.e., engineered fill that is properly placed
and compacted) for embankments, foundations, construction foundations, and for bases/ sub -bases under a
structure or a footprint of a paved road, parking lot, sidewalk, walkway, or similar structure is approved
for distribution of bottom ash and fly ash. Furthermore, condition 11.5.a. and 1I.9. provide specific
requirements for the use of CCP as structural fill, and condition IV La, provides an explanation of when
use sites are considered individually permitted. Structural fill is an allowable use for CCP as specified in
the permit; however, the permit fails to reiterate the permit application requirements for new and
expanding structural fill sites specified in 15A NCAC 02T 1204(d) and (f) as provided below:
15A NCAC 02T.1204 Application Requirements
(d) For new and expanding structural fill sites or sites where CCPs are used for bedding if the bedding
is applied at a depth greater than two feet underneath the structure:
(1) Site plans If required by G.S. 89C, a professional land surveyor shall provide location
information on boundaries and physical features not under the purview of other licensed
professions. Site plans or maps shall be provided to the Division by the applicant depicting the
location, orientation, and relationship of the CCPs use site's features including:
AQUIFER PROTECTION SECTION
1636 Mail Service Center. Raleigh, North Carolina 27699-1636
Location: 2728 Capital Boulevard, Ralegh, North Carolina 27604
One
Phone: [phone] FAX 1: 919-715-0588; FAX 2: 919-715-60481 Customer Service: 1-877823-6748
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NoI'tllCarolina
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An Equal Opportunity 1 Affirmative Action Employer

[Note: The North Carolina Board of Examiners for Engineers and Surveyors has determined,
via letter dated December 1, 2005, that locating boundaries and physical features, not under the
purview of other licensed professions, on maps pursuant to this Paragraph constitutes practicing
surveying under G.S. 89C.].
(A) a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25
percent of total site relief and showing all site -related structures and fences within the site;.
(B) the location of all wells (including usage and construction details if available), streams
(ephemeral, intermittent, and perennial), springs, lakes, ponds, and other surface drainage
features within 500 feet of the CCPs use boundary and delineation of the review and
compliance boundaries;
(C) setbacks as required by Rule .1206 of this Section; and
(D) site property boundaries within 500 feet of the CCPs use boundary.
(2)Information shall be provided to the Division that describes and explains site-specific
engineering or institutional controls proposed to prevent adverse impacts to public health and the
environment.
(3)Property Ownership Documentation of the site where the CCPs are to be used shall be provided
to the Division. This documentation shall consist of:
(A) legal documentation of ownership (i.e., contract, deed or article of incorporation);
(B) written notarized intent to purchase agreement signed by both parties, accompanied by a
plat or survey map; or
(C) easements specifically indicating the intended use of the property, as well as a plat or
survey map. Easements shall adhere to the requirements of 15A NCAC 02L .0107.
(f) A compliance boundary shall be established for all structural fill sites not subject to Rule .1203 of
this Section and the permittee shall comply with the provisions of 15A NCAC 02L.0107.
The original CCP distribution permit (W00000020) was issued prior to the adoption of the 02T .1200
rules (September 1, 2006), however it is the Division's perspective that any new structural fill site
utilizing CCP after the adoption of the 02T rules must meet the 02T permitting requirements.
At this time, the Division requests that Carolina Power & Light Company submit a list of all existing
structural fill sites that have received CCP under the authorization of permit WQ000020. At a minimum,
the list of sites shall specify the source and type of ash utilized, the dates of ash distribution, the name of
the recipient of the ash, the amount of ash distributed, the anticipated total distribution per site, and the
anticipated fill completion date. The information shall be submitted no later than May 28th, 2010. If the
information cannot be obtained by the 28th, submit the information available and provide a recommend
date by which the remaining information can be gathered and provided to the Division.
If you have any questions regarding this request, please contact me at [phone]. Thank you in
advance for your cooperation.
Singerel ,
Jon ss a
g
Aquifer Protection Section
cc: John Toepfer, Post Office Box 1551 Raleigh, North Carolina 27602
Asheville Regional Office - Aquifer Protection Section
Fayetteville Regional Office - Aquifer Protection Section
Mooresville Regional Office - Aquifer Protection Section
Raleigh Regional Office - Aquifer Protection Section
Washington Regional Office - Aquifer Protection Section
Wilmington Regional Office - Aquifer Protection Section
Winston-Salem Regional Office - Aquifer Protection Section
Permit File W00000020