WQ0010689_Final Permit_20051230

o� wA7- � Michael F. Easley, Govemor
William G. Ross Jr., Secretary
y North Carolina Department of Fhvironment and Natural Resources
> —! Alan W. Klimek, P.E., Director
0 _V Division of Water Quality
December 30, 2005
MR. TONY LEOPARD, REGIONAL PLANT MANAGER
TRIGEN-BIOPOWER, INC.
302 DUKE STREET
FOREST CITY, NORTH CAROLINA 28043
Subject: Permit No. WQ0010689
Trigen-BioPower, Inc.
North Cove Steam Generation Plant
Ash Distribution Program
Distribution of Residual Solids (503 Exempt)
McDowell County
Dear Mr. Leopard:
In accordance with your permit renewal and modification application package received on March
26, 2004 as well as the additional information subsequently received, we are forwarding herewith a
renewed and modified Permit No. WQ0010689, dated December 30, 2005, to Trigen-BioPower, Inc. for
the subject ash distribution program.
This permit shall be effective from the date of issuance until November 30, 2010; shall void
Permit No. WQ0010689, issued on July 7, 2000; and shall be subject to the conditions and limitations as
specified therein- Make note of this permit's expiration date and the fact that a permit renewal
application is due to the Division of Water Quality (Division) no later than six months prior to that date
(i.e., see Condition VI.7.), as the Division does not send reminders to apply for permit renewal.
This permit has been issued to approve the operation of an ash distribution program out of
Trigen-BioPower, Inc.'s North Cove Steam Generation Plant in Marion, North Carolina for another five-
year cycle. This permit has also been modified to allow up to 3,200 dry tons per year of ash (i.e.,
increased from 2,500 dry tons per year of ash) to be distributed through the program. As always,
remember to take the time to review this permit thoroughly, as some of the conditions contained
therein have been added, changed, or deleted since the last issuance. Pay particular attention to the
monitoring requirements in this permit. Please be aware that failure to establish an adequate system for
collecting, maintaining, and submitting the required operational information will result in future
compliance problems. Of particular interest to you are the following (i.e., not an inclusive list) -
Condition 1. 2.: This condition requires that the Permittee conduct an assessment/feasibility
study of alternatives to the on-site ash storage/stockpile site within 90 calendar days of permit
issuance. Following the assessment/study, the Permittee must provide written notification to
the Division that details which of three stipulated options is selected for implementation.
Each option has additional compliance schedule requirements.
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636
Internet: www.ncwaterquality.org 2728 Capital Boulevard Raleigh, NC 27604
An Equal Opportunity/Affirmative Ac€ion Employer- 50% Recycled/10% Post Consumer Paper
NothCarolina
Phone [phone] Customer Service
Fax [phone]
Fax [phone]

Mr. Tony Leopard
December 30, 2005
Page 2
♦ Condition I. 7.: This condition cautions that diversion or bypassing of leachate from the on-
site ash storage/stockpile site is not allowed. In the permit renewal/modification application
package, it is stated that leachate from the site is managed through the stormwater general
permit for the steam generation plant as a whole (i.e., NCG210028). You may want to
discuss the compliance status of the ash storage/stockpile site with the Division's Stormwater
Pennitting Unit.
♦ Condition II. 3.: This condition specifies the maximum volume of ash that may be
distributed, the types of ash that may be distributed, as well as the uses for which the ash may
be distributed. It is clarified here that ash that does not fall under the "wastewater residuals"
definition such that is administered under the purview of the Division is approved to be
distributed under the conditions of this permit. The Division has verified this approach as
being acceptable with the Composting and Land Application Branch of the Division of Waste
Management.
♦ Condition 111. 2.: This condition requires that information about how the various ash
products (i.e., bottom ash, fly ash, scrubber ash, or mixture thereof) is distributed throughout
a calendar year be provided with the annual report. A justification for how the ash sampling
program was conducted is required as well.
♦ Condition III. 3.: The permit has been modified to require hazardous waste characterization
testing (i.e., corrosivity, ignitability, reactivity, and toxicity characteristics leaching
procedure) on specific schedules. Past analytical results have indicated that the ash can, on
occasion, fail corrosivity (i.e., demonstrate a pH greater than 12.5). The Permittee should
contact the Hazardous Waste Section of the Division of Waste Management for guidance as
to what action should be taken in the event that a failed corrosivity test occurs again. Note
that it may not be appropriate to distribute the ash under the conditions of this permit in such
situations.
♦ Condition III. 4.: The permit has been modified to require metal, nutrient, and micronutrient
testing of the ash on a frequency that is dependent on the volume of ash distributed. Note
that, as requested in the cover letter of the permit renewal/modification application package,
the analytical requirement is for the total concentrations of the parameters and not of those
detected in a leachate.
♦ Condition III. 5.: This condition requires that all analytical work be completed on the ash as
it is to be distributed, which means that the Permittee will have to take special care to sample
appropriately and representative depending on how the various ash products generated by the
steam generation plant are mixed and distributed. This condition also requires that all
laboratory analyses be performed by a laboratory that is Division -certified for the parameter
being analyzed. Past annual reports have indicated that the Permittee has utilized the NC
Department of Agriculture and Consumer Services laboratory to analyze the ash for specific
parameters. The Permittee should contact the Laboratory Certification Unit of the Division's
Laboratory Section for verification that this laboratory is appropriately certified.
♦ Condition III. 5.: This condition spells out the information that must be included in the
annual report that describes the activities undertaken under the conditions of this permit
during each calendar year. During the last permit cycle, the Permittee has submitted the
annual report such that it is received a couple of days past the March 1St deadline. The
Permittee should make a special effort to prepare and submit the annual report in a timely
fashion in order to avoid potential compliance problems. Also, the Permittee should check
the Division's web site prior to preparing the annual report in order to download the most -
recent version of the reporting forms to use.

Mr. Tony Leopard
December 30, 2005
Page 3
If any parts, requirements, and/or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within 30 calendar days following
receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B
of the North Carolina General Statutes and filed with the Office of Administrative Hearings at 6714 Mail
Service Center, Raleigh, North Carolina 27699-6714. Unless such demands are made, this permit shall be
final and binding.
If you need any additional information concerning this matter, please contact Ms. Shannon Mohr
Thornburg by telephone at [phone], extension 353, or via e-mail at
[e-mail].
Sincerely,
for Alan W. Klimek, P.E.
cc. Ms_ Lauren Billheimer, Trigen-BioPower, Inc.
Mr. Ted Lyon, NC Division of Waste Management - Composting and Land Application Branch
McDowell County Health Department
Mr. Bradley Bennett, Surface Water Protection Section - Stormwater Permitting Unit
Mr. James E. Meyer, Laboratory Section - Laboratory Certification Unit
Asheville Regional Office - Aquifer Protection Section
Technical Assistance and Certification Unit
APS Central Files
APS Files
LAU Residuals Program Coordinator

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
DISTRIBUTION OF RESIDUAL SOLIDS (503 EXEMPT) PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Trigen-BioPower, Inc.
McDowell County
FOR THE
continued operation of an on-site ash storage/stockpile site as well as a program for the distribution of ash
(i.e., ponded and dry ashes including front or bottom ash, fly ash, scrubber ash, wood/sawdust, and/or any
mixture thereof) generated from the facility listed in Condition IL 3a. for the uses listed in Condition II. 3_
b. with no discharge of waste to surface waters occurs, pursuant to the permit renewal and modification
application package received on March 26, 2004 as well as all additional information subsequently
received and in conformity with the project plan, specifications, and other supporting data subsequently
filed and approved by the Department of Environment and Natural Resources and considered a part of
this permit.
This permit shall be effective from the date of issuance until November 30, 2010; shall void
Permit No. WQ0010689, issued on July 7, 2000; and shall be subject to the following specified conditions
and limitations:
1. PERFORMANCE STANDARDS
Within 30 calendar days of this permit's issuance, the Permittee shall submit a letter, signed
by a principal executive officer of at least the level of vice president with the Permittee, that
specifically delegates the new signing official/responsible party for the purpose of this
permit's reissuance and subsequent compliance (i.e., Mr. Tony Leopard, Regional Plant
Manager). Two copies of the requested information shall be submitted to the NCDENR
DWQ, Aquifer Protection Section, Land Application Unit, c/o LAU Residuals Program
Coordinator, 1636 Mail Service Center, Raleigh, NC 27699-1636.

2. Within 90 calendar days of this permit's issuance, the Permittee shall conduct an
assessment/feasibility study of alternatives to the on-site ash storage/stockpile site. At the
end of this 90-celendar day period, the Permittee shall submit and the Division of Water
Quality (Division) shall receive notification in writing of which of the following options the
Permittee is selecting for implementation:
a. To retain the on-site ash storage/stockpile site as is. If this option is selected, then the
groundwater monitoring program, as stipulated in Section VI. of this permit (i.e.,
installation of groundwater monitoring wells within the next 90 -calendar day period,
etc.), shall be implemented.
b. To change the standard operating procedures (SOPS) for the residuals source -generating
facility such that ash will no longer need to be stored in the on-site ash storage/stockpile
site. If this option is selected, the amended SOPs shall be put into operation within the
next 90 -calendar day period.
c. To design, construct, and put into operation an engineered on-site ash storage/stockpile
site. If this option is selected, a permit modification application package, including
engineering plans and specifications as well as a construction schedule, shall be prepared,
submitted, and received by the Division within the next 90 -calendar day period.
Unless as specified elsewhere in this permit or by Division -approved forms, two copies of the
requested information shall be submitted to the NCDENR-DWQ, Aquifer Protection Section,
Land Application Unit, c/o LAU Residuals Program Coordinator, 1636 Mail Service Center,
Raleigh, NC 27699-1636.
The ash distribution program shall be effectively maintained and operated as a non -discharge
system to prevent the discharge of any wastes to waters of the state resulting from the
operation of this facility or program.
4. This permit shall become voidable in the event of failure of the ash distribution program to
adequately protect the assigned water quality standards of the surface waters and
groundwater.
5. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to
surface water or groundwater resulting from the operation of this ash distribution program.
6. In the event that the ash distribution program is not operated satisfactorily, including the
creation of nuisance conditions, the Permittee shall take any immediate corrective actions as
may be required by the Division.
7. Diversion or bypassing of ash or leachate from the on-site ash storage/stockpile site shall be
prohibited. All leachate shall be reused as a wetting agent or disposed of through a Division -
approved method.
8. No ash that tests or is classified as a hazardous or toxic waste under 40 CFR Part 261 shall be
sold or given away under the conditions of this permit.
II. OPERATION AND MAINTENANCE REQUIREMENTS
The ash distribution program shall be properly operated and maintained at all times.
2

Upon classification of the ash distribution program by the Water Pollution Control System
Operators Certification Commission (WPCSOCC), the Permittee shall employ a certified
operator to be in responsible charge (ORC) of the program. The operator shall hold a
certificate of the type classification assigned to the program by the WPCSOCC. The
Permittee shall also employ a certified back-up operator of the appropriate type to comply
with the conditions of 15A NCAC 8G .0202.
3. a. No ash other than that generated by the following residuals source -generating facility
shall be approved for distribution under the ash distribution program in accordance
with this permit:
As of the date of this permit's issuance, the standard operating procedures (SOPS) for this
facility consist of one-half of the wastewater recycle facilities permitted under Permit No.
WQ0001512 to be shut -down and drained to dewater the ponded scrubber ash to the
greatest extent possible. Dry fly ash and dry wood/sawdust are added to the ponded
scrubber ash and mixed in order to render the ash suitable for land application. The ash is
then removed and stored/stockpiled on site until it is distributed for use. Dry bottom ash
is landfilled off-site. It shall be permissible for the described SOPS to be modified with
no prior approval from the Division, and the 3,200 -dry ton per year maximum
distribution volume permitted may include the various ashes either distributed as
individual products or as mixtures in varying permutations. The Permittee shall take care
to adjust the ash sampling program such that it is reflective of the SOPS currently being
employed (i.e., see Condition III. 5. for information regarding representative sampling).
Residuals
Permit
Maximum
Permittee
Source -Generating
County
Dry Tons
Faeiiit y
Number
per Year
Trigen-BioPower, Inc.
North Cove Steam
McDowell
WQ0001512
3,200.00'
Generation Plant
TOTAL
3,204.00
As of the date of this permit's issuance, the standard operating procedures (SOPS) for this
facility consist of one-half of the wastewater recycle facilities permitted under Permit No.
WQ0001512 to be shut -down and drained to dewater the ponded scrubber ash to the
greatest extent possible. Dry fly ash and dry wood/sawdust are added to the ponded
scrubber ash and mixed in order to render the ash suitable for land application. The ash is
then removed and stored/stockpiled on site until it is distributed for use. Dry bottom ash
is landfilled off-site. It shall be permissible for the described SOPS to be modified with
no prior approval from the Division, and the 3,200 -dry ton per year maximum
distribution volume permitted may include the various ashes either distributed as
individual products or as mixtures in varying permutations. The Permittee shall take care
to adjust the ash sampling program such that it is reflective of the SOPS currently being
employed (i.e., see Condition III. 5. for information regarding representative sampling).

b. The following uses shall be approved for the distributed ash under the ash distribution
program in accordance with this permit:
Type of Ash
Approved Uses
♦ Structural/engineered fill (i.e., engineered fill that is
properly placed and compacted) for embankments and for
bases/ sub -bases under a structure or a footprint of a paved
road, parking lot, sidewalk, walkway, or similar structure.
♦ Fiowable fill for backfill of potable water mains as
approved by the NC Division of Environmental Health,
sanitary sewers, and storm drainage structures.
Overlay for secondary roads, residential driveways, farm
roads, and high -traffic farm areas as approved by the NC
Department of Transportation.
Bottom Ash /
+ Material for traction control during snow and ice events as
approved by the NC Department of Transportation.
Fly Ash 1
Scrubber Ash 1
+ Material for manufacturing of concrete products, brick
Wood Sawdust /
products, lightweight aggregate, roofing materials,
Mixtures
insulation products, plastics, and paints.
+ Substitute for blasting grit, roofing granules, filter cloth
precoat for sludge dewatering, as well as bedding for pipes,
railroad beds, and underground storage tanks.
♦ Soil nutrient additive, amendment, or other agricultural
purpose as approved by the NC Department of Agriculture
and Consumer Services.
♦ Raw product for the stabilization of wastewater residuals.
♦ Daily, intermediate, and final cover at a landfill as
approved by the NC Division of Waste Management.
♦ Fuel for combustion in boilers, furnaces, etc. for energy
recovery.
4. No other ash other than that from the residuals source -generating facilities specified in
Condition 11. 3a. shall be distributed under this permit. No other uses of the distributed ash
other than those specified in Condition II. 3b. shall be allowed. The Permittee shall request
and obtain a permit amendment from the Division for each additional residual source -
generating facility and use prior to distribution through the approved ash distribution
program.
E

The Ceiling Concentrations (i.e., dry weight basis) and the Pollutant Monthly Average
Concentrations (i.e., dry weight basis) listed in the table below shall be maintained for ash
to be distributed through the approved ash distribution program.
Parameter
Ceiling Concentration
(milligrams per kilogram)
Monthly Average
Concentration
(milligrams per kilogram)
Arsenic
75
41
Cadmium
85
39
Copper
4,300
1,500
Lead
840
300
Mercury
57
I 17
Molybdenum
75
n/a
Nickel
420
420
Selenium
100
100
Zinc
7,500
2,800
6. All ash shall be adequately stored to prevent runoff prior to distribution and use. The
Permittee shall provide to the recipient of the ash guidance so that the recipient of the ash is
aware of guidance regarding how to store the ash adequately to prevent runoff of the ash
following distribution and prior to use.
7. Adequate provisions shall be taken to prevent wind erosion and surface runoff from
conveying ash from stockpile/storage areas onto adjacent property or into any surface waters
prior to distribution and use. The Permittee shall provide to the recipient of the ash guidance
so that the recipient of the ash is aware of guidance regarding how to take adequate
provisions to prevent wind erosion and surface runoff from conveying ash from the location
of use onto adjacent property or into any surface waters.
8. Adequate provisions shall be taken to ensure that the transportation of ash does not cause
nuisances and hazards to public health and safety or otherwise cause an adverse impact (e.g.,
transport wet ash in leak -proof trucks or cover dry ash).
9. When using ash, the following shall apply:
a. Ash shall not be placed within 50 feet of any surface water without prior approval from
the Aquifer Protection Section of the Division's Asheville Regional Office.
b. Ash shall not be placed within one foot of the seasonal high water table.
c. Ash shall not be placed within 100 feet of any water supply well or spring unless
underlain and overlain by a liner with a maximum hydraulic conductivity of 10-6
centimeters per second. If such a liner/cover is provided, ash shall not be placed within
25 feet of any water supply well or spring.

10. When ash is distributed for use as a soil nutrient additive, amendment, or other agricultural
purpose as approved by the NC Department of Agriculture and Consumer Services, a label
shall be affixed to the bag or other container in which the ash is distributed, or an information
sheet shall be provided to the person who receives the ash. The label or information sheet
shall contain the following minimum information:
a. The name and address of the person who prepared the ash that is sold or given away in a
bag or other container for application to the land.
b. A statement that application of the ash to the land is prohibited except in accordance with
the instructions on the label or information sheet.
c. A statement regarding all buffers from the area to which the ash product is applied, as
specified. in Condition H. 9.
d. A statement that the ash shall not be applied to any land that is flooded, frozen, or snow-
covered.
e. A statement that adequate procedures shall be provided to prevent surface runoff from
carrying any disposed or stored ash into any surface waters, including the guidance
stipulated in Condition 1I. 6. and Condition 11. 7.
f. A statement that the application rates of the ash shall be limited to those that can be
agronomically -justified (i.e., limited to that needed to meet the liming requirements of the
crops being grown on the land).
III. MONITORING AND REPORTING RE, QUIREWNTS
1. Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue
analyses) deemed necessary by the Division to ensure protection of the environment shall be
established and an acceptable sampling and reporting schedule shall be followed.
2. Proper records shall be maintained by the Permittee to track all ash distribution activities_
These records shall include, but are not necessarily limited to, the following information:
a. Source and type of ash distributed.
b. Information regarding the standard operating procedures (SOPS) of the residuals source -
generating facility during the year,. and justification for points where ash samples were
taken to ensure that conducted sampling is representative of the ash distributed as a result
of varying SOPS.
c. Date of ash distribution.
d. Name of the initial recipient of the ash, the amount distributed, and the intended use.
C

The ash from each of the residuals source -generating facilities listed in Condition Il. 3a. shall
be analyzed to demonstrate that they are non -hazardous under the Resource Conservation and
Recovery Act (RCRA). A corrosivity, ignitability, and reactivity analysis as well as a
Toxicity Characteristics Leaching Procedure (TCLP) analysis for heavy metal parameters
only (i.e., see italicized parameters) shall be conducted by the Permittee annually on ash from
each residuals source -generating facility distributed or expected to be distributed during the
calendar year. Once a permit cycle, a corrosivity, ignitability, and reactivity analysis as well
as a TCLP analysis for all parameters shall be conducted on ash from each residuals source -
generating facility, The results of all analyses shall be maintained on file by the Permittee for
a minimum of five years.
The TCLP analysis shall include the following parameters (i.e., note the regulatory level in
milligrams per liter in parentheses):
Arsenic (5.0)
Barium (100.0)
Benzene (0.5)
Cadmium (1.0)
Carbon tetrachloride (0.5)
Chlordane (0.03)
Chlorobenzene (100.0)
Chloroform (6.0)
Chromium (5.0)
m -Cresol (200.0)
o -Cresol (200.0)
p -Cresol (200.0)
Cresol (200.0)
2,4-D (10.0)
1,4 -Dichlorobenzene (7.5)
1,2-Dichloroethane (0.5)
1,1-Dichloroethylene (0.7)
2,4-Dinitrotolucne (0.13)
Endrin (0.02)
Hexachlorobenzene (0.13)
Heptachlor (and its hydraxf&) (0.008)
Hexachloro-1,3 butadiene (0.5)
Hexachloroethane (3.0)
Lead (5.0)
Lindane (0.4)
Mercury (0.2)
Methoxychlor (10.0)
Methyl ethyl ketone (200.0)
Nitrobenzene (2.0)
Pentachlorophenol (100.0)
Pyridine (5.0)
Selenium (1.0)
Silver (5.0)
Tetrachloroethylene (0.7)
Toxaphene (0.5)
Trichloroethylene (0.5)
2,4,5 -Trichlorophenol (400.0)
2,4,6 -Trichlorophenol (2.0)
2,4,5 -TP (Silvex) (1.0)
Vinyl chloride (0.2)
4. An analysis shall be conducted by the Permittee on the ash from each residuals source -
generating facilities listed in Condition 11. 3a. at a frequency that is dependent on the dry tons
of ash distributed or expected to be distributed during the calendar year. The monitoring
frequency schedule shall be as stipulated in the following table:
Amount of Ash
Amount of Ash
Distributed
(metric tons per
Distributed
(short tons per
Monitoring Frequency
365 -day period)
365 -day period)
MDT/yr = 0
DT/yr = 0
No Monitoring Required
0 < mDT/yr < 290
0 < DT/yr < 319
Once per Year
Once per Quarter
290s mDT/yr < 1,500
319:5 DT/yr < 1,650
or
Four Times per Year
Once per 60 Days
1,500 < mDT/yr < 15,000
1,650:5 DT/yr < 16,500
1 or
Six Times per Year
15,000:5 mDT/yr
16,500 _< DT/yr
Once per Month
12 Times per Year
7

The results of all analyses shall be maintained on file by the Permittee for a minimum of five
years. The analysis shall include the following minimum parameters:
Arsenic
Lead
Phosphorus
Barium
Magnesium
Potassium
Cadmium
Manganese
Selenium
Calcium
Mercury
Silver
Chromium
Molybdenum
Sodium
Copper
Nickel
Zinc
Iron
pH
After the residuals generated by a particular residuals source -generating facility have been
monitored for two years at the frequency specified in the table above, the Permittee may
submit a request to the Division for a permit modification to reduce the frequency of this
monitoring requirement. In no case, however, shall the frequency of this monitoring be less
than once per calendar year when ash generated by a residuals source -generating facility is
distributed for use during that calendar year.
Laboratory analyses and/or operational data, as required by Condition III. 3. and Condition
111. 4. shall be performed/gathered on. the_. ash._.as...it is to be distributed. Furthermore,
analytical determinations made pursuant to the monitoring and reporting requirements of this
permit shall be made by a laboratory certified by the Division for the required parameter(s)
tinder 15A NCAC 2H.0800 or 15A NCAC 2H. 1100.
6. Three copies of all required monitoring and reporting requirements as specified in Condition
III. 1., Condition Ill. 2., Condition 111. 3., and Condition IIl. 4. shall be submitted annually on
or before March I" of the year following any distribution event to the following address:
NCDENR-DWQ
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
7, Noncompliance Notification:
The Permittee shall report by telephone to the Aquifer Protection Section of Division's
Asheville Regional Office at [phone], as soon as possible, but in no case more than 24
hours or on the next working day following the occurrence or first knowledge of the
occurrence of any of the following:
a. Any occurrence with the ash distribution program that results in the distribution of
significant amounts of wastes which are abnormal in quantity or characteristic.
b. Any failure of the ash distribution program resulting in a release of material to receiving
waters.
c. Any time that self-monitoring information indicates that the ash distribution program has
gone out of compliance with the conditions and limitations of this permit or the
parameters on which the system was designed.
d. Any process unit failure, due to known or unknown reasons, that render the ash
distribution program incapable of adequate operation.

e. Any spillage or discharge from a vehicle or piping system (i.e., greater than incidental)
during transportation of ash.
Occurrences outside of normal business hours (i.e., from 8:00 a.m. until 5:00 p.m. on
Mondays through Fridays, except State Holidays) may also be reported to the Division's
Emergency Response personnel at one of the following telephone numbers [phone],
[phone], or [phone].
Persons reporting such occurrences by telephone shall also file a written report in letterform
within five days following first knowledge of the occurrence. This report shall outline the
actions taken or proposed to be taken to ensure that the problem does not recur.
IV. GROUNDWATER RE UIREMENTS
1. Well Construction/Abandonment Requirements:
a. If the option described in Condition I.2. a. of this permit is selected by the Permittee for
implementation, three groundwater monitoring wells, designated as MW -01, MW -02,
and MW -03, shall be installed within 180 calendar days of this permit's issuance to
monitor quality of the groundwater upgradient (i.e., MW -01) and downgradient (i.e.,
_MW -02 and_MW-03) from the_ash storage/stockpile_ site located within the property
boundary of the residuals source -generating facility. The wells shall be constructed such
that the water level in the wells is never above or below the screened (i.e., open) portion
of the well at any time during the year. Each well shall be located at the Review
Boundary (i.e., see general location depicted in Figure No. 2 attached to this permit,
constructed in accordance with this permit, and as approved by the Aquifer Protection
Section of the Division's Asheville Regional Office.
b. Groundwater monitoring wells shall be constructed by a North Carolina -certified well
contractor, the property owner, or the property lessee according to North Carolina
General Statute §87-94.4(b)(2). If the well construction is not performed by a North
Carolina -certified well contractor, the property owner or lessee shall physically perform
the actual well construction activities. All wells that are constructed for the purpose of
groundwater monitoring shall be constructed in accordance with 15A NCAC 2C .0108
(i.e., "Standards of Construction for Wells Other than Water Supply") and any applicable
local county rules.
c. The Aquifer Protection Section of the Division's Asheville Regional Office, telephone
number [phone], shall be notified at least 48 hours prior to the construction of any
groundwater monitoring well, so that an inspection can be made of the well location.
Such notification shall be made to the Regional Aquifer Protection Section Supervisor
during normal office hours (i.e., from 8:00 a.m. until 5:00 p.m.) on Monday through
Friday, excluding State Holidays.
d. Within 30 calendar days of completion of all well construction activities, a certification
shall be received from a North Carolina -licensed professional engineer or North
Carolina -licensed professional geologist certifying that the groundwater monitoring wells
are located and constricted in accordance with this permit.
G�

2. SamnlinlZ Requirements:
a. if the option described in Condition 1. 2. a. of this permit is selected by the Permittee for
implementation, groundwater monitoring wells MW -01, MW -02, and MW -03 shall be
sampled initially after construction as well as thereafter every March, July, and
November. For each sampling event, samples from each well shall be analyzed for the
following parameters:
Arsenic
Copper
Sulfate
Barium
Lead
Total Dissolved Solids
Cadmium
Nickel
Total Phosphorus
Chemical Oxygen Demand
Nitrate -Nitrogen
Total Organic Carbon
Chromium
H Field Analyzed)
Water Level
Water levels in the groundwater monitoring wells shall be measured prior to sampling the
groundwater for the remaining parameters. The depth to water in each well shall be
measured from the surveyed point on the top of the casing, which shall be surveyed
relative to a common datum.
b. if total organic carbon (TOC) concentrations greater than 10 milligrams per liter are
detected in any downgradient groundwater monitoring well, additional sampling and
analysis shall be conducted to identify the individual constituents comprising this TOC
- -- concentration-lfthe-TOC-concentration-as--measured-in-the-background well exceeds -10
milligrams per liter, this concentration shall be taken to represent the naturally -occurring
TOC concentration. Any exceedances of this naturally -occurring TOC concentration in
downgradient wells shall be subject to the additional sampling and analysis as described
in this permit.
Any laboratory selected to analyze parameters shall be Division -certified for those
parameters required.
Re orcin /Documentation Requirements-
a.
e uirements-a. if the option described in Condition 1. 2. a. of this permit is selected by the Permittee for
implementation, the Permittee shall submit two original copies of a scaled site map (i.e.,
with a scale no greater than one inch equals 100 feet) that has been signed and sealed by a
North Carolina -licensed professional engineer or a North Carolina -licensed professional
land surveyor within 60 calendar days of completion of the construction of all
groundwater monitoring wells. Special provisions may be granted for exceptions to the
above -referenced scale requirements, upon prior approval, for large properties. The map
shall contain all of the following information.
i. Location of all major components of the ash storage/stockpile site.
ii. Latitude and longitude of the established horizontal control monument.
iii. Location and identity of each groundwater monitoring well.
iv. Elevation of the top of the casing for each groundwater monitoring well (i.e., known
as the "measuring point'), relative to a common datum.
v. Depth of water below the -measuring point at the time the measuring point is
established.
vi. Location of all property boundaries within 500 feet of the ash storage/stockpile site.
vii. Review and compliance boundaries.
viii.Date the map is prepared and/or revised.
10

Control monuments shall be installed in such a manner and made of such materials that
the monument will not be destroyed due to activities that may take place on the property.
The Permittee shall be responsible for the geographic accuracy of any map submitted,
however it is produced.
b. For the initial sampling of each groundwater monitoring well, the Permittee shall submit
a copy of a "Well Construction Record" (i.e., GW -I Form) with the "Groundwater
Quality Monitoring: Compliance Report Form" (i.e., GW -59 Form) for that well. GW -59
Forms for groundwater monitoring wells that have not had a GW -1 Form previously
submitted shall be returned to the Permittee without being processed. Failure to submit
these forms as required by this permit may result in the initiation of enforcement
activities pursuant to North Carolina General Statute § 143-215.6A.
c. The results of the sampling and analysis shall be received on the most -recent version of
"Groundwater Quality Monitoring: Compliance Report Form' (i.e_, GW -59 Form) with
copies of the laboratory analyses attached by the Division's Information Processing Unit
on or before the last working day of the month following the sampling month.
d. All reports, maps, forms and other documents required in the "Groundwater
Requirements" section of this permit shall be mailed to the following address:
NCDENR-DWQ
InformatiorrProcessurgUni
1617 Mail Service Center
Raleigh, NC 27699-1617
Updated blank reporting and other forms may be downloaded from the web site for the
Division's Aquifer Protection Section at www.newaterquality.orglaps/gpu/forrns.htm or
requested from the address listed above.
4. Applicable Boundaries:
a. The COMPLIANCE BOUNDARY for the ash storage/stockpile site shall be as specified
by regulations in 15A NCAC 2L (i.e., Groundwater Classifications and Standards). The
Compliance Boundary for sites individually permitted after December 31, 1983, shall be
established at either (1) 250 feet from the site or (2) 50 feet within the property boundary,
whichever is closest to the site. An exceedance of Groundwater Quality Standards at or
beyond the Compliance Boundary is subject to immediate remediation action according
to 15A NCAC 2L.0106 (d)(2).
b. The REVIEW BOUNDARY shall be established around the ash storage/stockpile site
midway between the Compliance Boundary and the perimeter of the site. Any
exceedance of Groundwater Quality Standards at the Review Boundary shall require
action in accordance with 15A NCAC 2L.0106 (d)(1).
5. Other Requirements:
a. Any additional groundwater quality monitoring, as deemed necessary by the Division,
shall be provided.
II

V. INSPECTIONS
The Permittee or his designee shall inspect the facilities related to the ash distribution
program (i.e., including the ash storage and transport facilities) to prevent malfunctions and
deterioration, operator errors and discharges which may cause or lead to the release of wastes
to the environment, a threat to human health, or a nuisance. Under the conditions of this
permit, the Permittee shall be exempt from inspecting facilities and sites where distributed
ash is utilized, as long as the Permittee complies the requirements of Condition 11. 6.,
Condition 11. 7., and Condition H. 10. The Permittee shall maintain an inspection log or
summary including at least the date and time of inspection, observations made, and any
maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections
shall be maintained by the Permittee for a period of .five years from the date of the inspection
and shall be made available to the Division or other permitting authority, upon request.
2. Any daily authorized officer, employee, or representative of the Division may, upon
presentation of credentials, enter and inspect any property, premises, or place on or related to
the ash distribution program at any reasonable time for the purpose of determining
compliance with this permit; may inspect or copy any records that must be kept under the
terms and conditions of this permit; and may obtain samples of groundwater, surface water,
or leachate.
VI. GENERAL CONDITIONS
1. This permit shall become voidable unless the ash distribution program are operated in
accordance with the conditions of this permit, the supporting materials, and in the manner
approved by the Division.
2. This permit shall be effective only with respect to the nature of ash described in the
application and other supporting data.
3. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division in accordance with North Carolina
General Statutes § 143 215.6A through § 143-215.6C.
4. The annual administering and compliance fee shall be paid by the Permittee within 30
calendar days after being billed by the Division. Failure to pay the fee accordingly may cause
the Division to initiate action to revoke this permit, as specified by 15 NCAC 2H .0205
(c)(4).
5. The issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(i.e., local, state, and federal) which have jurisdiction, including, but not limited to, applicable
river buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation control
requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCG010000,
and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC
.0500.
6. This permit may be modified, revoked, and/or reissued to incorporate any conditions,
limitations and monitoring requirements the Division deems necessary in order to protect the
environment and public health adequately.
12

7. The Permittee, at least six months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Division shall review the adequacy of the ash
distribution program described therein, and if warranted, shall extend the permit for such
period of time and under such conditions and limitations as it may deem appropriate.
8. This permit shall not be automatically transferable. In the event that there is a desire for the
ash distribution program to change ownership or to change the name of the Permittee, a
formal permit request shall be submitted to the Division documentation from the parties
involved and other supporting materials as may be appropriate. The approval of this request
shall be considered on its merits and may or may not be approved.
Permit issued this the thirtieth day of December, 2005,
NORTH C OLINA 0 A MANAGEMENT COMMISSION
.,dor Alan W_ Klimek, P.E., Director
lvisionD LWateiQua ity
By Authority of the Environmental Management Commission
Permit Number WQ0010689
13

Trigen-Biopower, Inc. - North Cove Plant
Figure 1. Vicinity Map
+��'�zrr,�r'�� R¢ i .'t'.:-!! �� �! J � lel r�'���'��•, / �{�`!ll�� r' � ,�f �) I � ! l� ilr 11' !I'�i;� � { 1I �[ f 1 �� r� R `ryyi.
`_... ..-.r7: �`•r��r r�'�"�: J-I§f' '�,�rf�� ��...,II�1\._•.-.`• �__��4J `�`"�rj :�r'' _,'�J.�yi•'I:�\� /�l/���•'� 1�
�� � _ - ".% . �'Fti � - ; -'%1J• �`'� '� � 4' ' 'ter i'� lam'`. r�:r ' _ � _
.�' ' � -,tet ` � ��• � �i�` i /.y E, .�=�'.��.?r�:�:� -- �.;
} . i l; ` r J = �• - —5 miles to Linville Falls, NC
, ICsi'ittV,�r ' r •_ • s �\ ,, is I:JJ C.y - - -- ,; •; ,.... •� i�\: - - Irr=1 i.l,;�
�1+� c ':�� � �� 1 ,. \ _; °� { %rr • l�. ter` -` _ �-r .�G.Y�I i --ter'- � -
j'a'i(:•' r�..:1p/i'..
3000 0 3000 6000 Feet
WQ0010689/G W04037

Trigen Biopower - North Cove
Figure 2 Layout of Ash Storage
by tec in 5104 from 93 doqq iswitz2 and ashfor1
P� Scrubber Residue Storage Basin
~` Boer,
S
Il Saw Dust Stara e Area
IF�
MW -2
200 0 200 400 Feet
N
A MWlW Well
+ El Ash Mm Qe UMk
WQ00106891GW04037
U ,7RQEIVD
ACIE
FR U!
SECT, 3
1 2004
I
;:J4�!-GI�CHAfGE PERMITTING