20120615 Ver 2_Approval Letter_20190131

NORTH CAROLINA
ROY COOPER Environmental Quality
covemor
MICHAEL S. REGAN
se"ary
LINDA CULPEPPER
1werim Urxtor
January 31, 2019
Duke Energy
ATTN: Mr. Steve Cahoon
411 Fayetteville Street
Raleigh, NC 27601
DWR # 12-0615v2
Person County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Mayo Coal Combustion Product Monofill Site — Phase I Modification
(Lined Retention Basin and Ash Basin Closure)
USACE Action ID. No. SAW -2011-00181
Dear Mr. Cahoon:
Attached hereto is a copy of No. WQC004179 issued to Mr. Steve Cahoon and Duke Energy, dated
January 29, 2019. This Certification replaces the Certification issued to you on July 27, 2012. This
modification was requested to include an additional 1.15 acres of wetland and 227 linear feet of stream
impact associated with the construction of the Lined Retention Basin construction and for the Ash Basin
Closure activities at the Mayo Plant. The impacts associated with the Lined Retention Basin have already
occurred and these activities are being authorized after -the -fact. Please note that you should get any
other federal, state or local permits before proceeding with the subject project, including those required
by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed
regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in General Statute 150B by filing a written petition for an administrative hearing
to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] for information. A petition is considered filed when the original and one (1)
copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
D W
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

Mayo Coal Combustion Product Monofill Site
Phase I Modification
DWR Project ft20120615v2
Individual Certification #WQC004179
Page 2 of 8
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
Mailing address for the OAH:
lfsending via US Postal Service: lfsending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Contact Paul Wojoski at 919-707-3631 or Paul.WoioskiCZDncdenr.gov if you have any
questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Richard Harmon, Wood Environment & Infrastructure Solutions Inc. (via email)
Ross Sullivan, USACE Raleigh Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
DWR 401 & Buffer Permitting Branch file
Filename: 120615v2MayoCCPMonofill PhaselModification(Person)_401_IC

Mayo Coal Combustion Product Monofill Site
Phase I Modification
DWR Project #20120615v2
Individual Certification #WQC004179
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004179 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
to Mr. Steve Cahoon and Duke Energy, who have authorization for the impacts listed below, as described
within your application received by the N.C. Division of Water Resources (Division) on July 27, 2018 and
subsequent information on November 28, 2018, and by Public Notice issued by the U. S. Army Corps of
Engineers and received by the Division on August 10, 2018.
Mr. Steve Cahoon and Duke Energy as new owners of the property have further authorization for impacts
and subject to the same conditions granted previously to Mr. William J. Thacker and PEC which include
permission to fill or otherwise impact 4,733 linear feet of stream (2,074 linear feet associated with Phase I
and 2,659 linear feet associated with proposed future phases of the site) associated with the proposed
construction of the Mayo Coal Combustion Product (CCP) Monofill site (a dry ash monofill facility to
replace the current wet ash handling system that that directs CCPs to be disposed in wetponds), which is
located on the east side of SR 1327 (Woodys Store Road, approximately 1.4 miles northwest of the
intersection of SR 1329 (Bethel Hill School Road) and US 501 (Boston Road), north of Roxboro, Person
County, North Carolina, pursuant to an application dated February 9, 2012, and received by the Division
on June 20, 2012, and by Public Notice by the U.S. Army Corps of Engineers issued on the 12rd day of April
of 2012,and received by the Division on June 25, 2012.
The State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the
application, the supporting documentation, and conditions hereinafter set forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
1.1. Version 1
Type of Impact
Amount Approved (Units)
Plan Location or Reference
Stream
4,733 [(linear feet) 2,074
Application and Public Notice
linear feet associated with
Phase I and 2,659 linear
feet associated with
proposed future phases of
the site]

Mayo Coal Combustion Product Monofill Site
Phase I Modification
DWR Project #20120615v2
Individual Certification #WQC004179
Page 4 of 8
1.2. Version 2
Type of Impact
Amount Approved (units)
Permanent
I Amount Approved (units)
Temporary
Stream
2,075 (linear feet)
Roanoke/03010104
Stream 5
132 (linear feet)
0 (linear feet)
Stream 6
95 (linear feet)
0 (linear feet)
Total Stream Impacts
227 (linear feet)
0 (linear feet)
404/401 Wetlands
Wetland D*
0.11 (acres)
0 (acres)
Wetland E*
0.60 (acres)
0 (acres)
Wetland MMM*
0.16 (acres)
0 (acres)
Wetland UU
0.02 (acres)
0 (acres)
Wetland ZZ
1 0.26 (acres)
0 (acres)
Total Wetland Impacts
1 1.15 (acres)
0 (acres)
*Indicated Impacts have already occurred and represents after -the -fact authorization
2. Compensatory Mitigation —Phased Mitigation
2.1. Version 1
By virtue of receipt dated October 17, 2012 from NC Ecosystem Enhancement Program (EEP)
(now, the Division of Mitigation Services "DMS"). The mitigation requirements for Version 1 of
this certification (2012-06150) have been satisfied. For accounting purposes, the following
compensatory mitigation requirements have been met:
Type of Impact
Compensatory Mitigation Required
River and Sub -basin
Number
Stream
2,075 (linear feet)
Roanoke/03010104
It is the Division's understanding based on your 2012 application that the additional stream
impacts of 2,659 linear feet that were proposed and conceptually approved will not occur for
10-15 years. Therefore, no specific method for providing compensatory mitigation was
proposed at that time. However, compensatory mitigation for these future stream impacts will
be provided by the permitee in a manner that is acceptable to the USACE and the Division and
approved by the USACE and the Division in writing, prior to the occurrence of the proposed
impacts.

Mayo Coal Combustion Product Monofill Site
Phase I Modification
DWR Project #20120615v2
Individual Certification #WQC004179
Page 5 of 8
2.2. Version 2
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to
meet this mitigation requirement. Until the DMS receives and clears your payment, and proof
of payment has been provided to this Office, no impacts specified in this Authorization
Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes
payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC
02H .0506 (b)(6)]:
3. This approval is for the purpose and design described in your application and as described in the
Public Notice. The plans and specifications for this project are incorporated by reference and are an
enforceable part of the Certification. Any modifications to the project require notification to DWR
and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H.0501
and.0502]
4. Final Construction Plans shall be submitted to the Division upon receipt of a landfill permit issued by
the Division of Solid Waste and at least 90 days prior to any impacts to jurisdictional waters. The
Permittee shall submit a permit modification request if jurisdictional impacts increase beyond those
approved in this certification as a result of final design and the landfill permitting process, no
impacts shall occur during the review of any permit modification requests.
5. A copy of the surface water monitoring plan, as approved by the Division of Solid Waste, shall be
submitted to the Division. Any modifications to approved surface water monitoring plans shall be
submitted to the Division for the life of the landfill. Additional monitoring requirements may be
added by the Division upon review of the surface water monitoring plan approved by the Division of
Solid Waste.
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H .0501
and .0502]
7. All construction activities shall be performed and maintained in full compliance with G.S. Chapter
113A Article 4 (Sediment and Pollution Control Act of 1973) and with the Coal Ash Management Act
of 2014. Sediment and erosion control measures should be installed prior to any land clearing or
construction. These measures should be routinely inspected and properly maintained. Excessive silt
and sediment loads can have numerous detrimental effects on aquatic resources including
destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species.
Compensatory Mitigation Required
River & Sub -basin Number
Stream
227 (feet)
Roanoke
03010104
Wetland
1.15 (acres)
Roanoke
03010104
3. This approval is for the purpose and design described in your application and as described in the
Public Notice. The plans and specifications for this project are incorporated by reference and are an
enforceable part of the Certification. Any modifications to the project require notification to DWR
and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H.0501
and.0502]
4. Final Construction Plans shall be submitted to the Division upon receipt of a landfill permit issued by
the Division of Solid Waste and at least 90 days prior to any impacts to jurisdictional waters. The
Permittee shall submit a permit modification request if jurisdictional impacts increase beyond those
approved in this certification as a result of final design and the landfill permitting process, no
impacts shall occur during the review of any permit modification requests.
5. A copy of the surface water monitoring plan, as approved by the Division of Solid Waste, shall be
submitted to the Division. Any modifications to approved surface water monitoring plans shall be
submitted to the Division for the life of the landfill. Additional monitoring requirements may be
added by the Division upon review of the surface water monitoring plan approved by the Division of
Solid Waste.
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H .0501
and .0502]
7. All construction activities shall be performed and maintained in full compliance with G.S. Chapter
113A Article 4 (Sediment and Pollution Control Act of 1973) and with the Coal Ash Management Act
of 2014. Sediment and erosion control measures should be installed prior to any land clearing or
construction. These measures should be routinely inspected and properly maintained. Excessive silt
and sediment loads can have numerous detrimental effects on aquatic resources including
destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species.

Mayo Coal Combustion Product Monofill Site
Phase I Modification
DWR Project #20120615v2
Individual Certification #WQC004179
Page 6 of 8
8. Sediment and erosion control measures shall not be placed in wetlands or waters except within the
footprint of temporary or permanent impacts authorized under this Certification. [15A NCAC 02H
.0501 and .0502]
9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [15A NCAC 02B .0201]
10. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that
disturb one (1) or more acres of land. The NCGO10000 Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated in the conditions of the permit. If the
project is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and
reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)]
11. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in
contact with the disturbed area. Approved best management practices from the most current version
of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance
Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be
used to minimize excavation in flowing water. [15A NCAC 02H .0506(b)(3) and (c)(3)]
12. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or
wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and
Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of
contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .0231]
13. If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .0200]
14. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction activity.
All riprap shall be buried and/or "keyed in' such that the original stream elevation and streambank
contours are restored and maintained. Placement of riprap or other approved materials shall not
result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC
02H .0506(b)(2)]
15. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other
toxic materials. Construction shall be staged in order to minimize the exposure of equipment to
surface waters to the maximum extent practicable. Fueling, lubrication and general equipment
maintenance shall not take place within 50 feet of a waterbody or wetlands to prevent contamination
by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 028 .0211 (12)]

Mayo Coal Combustion Product Monofill Site
Phase I Modification
DWR Project #20120615v2
Individual Certification #WQC004179
Page 7 of 8
16. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
17. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more;
any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless
of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons
that cannot be cleaned up within 24 hours.
18. The permittee shall report to the Raleigh Regional Office at [phone] (after hours and on
weekends call 877-623-6748) any noncompliance with this certification, any violation of stream or
wetland standards [15A NCAC 02B .02001 including but not limited to sediment impacts [15A NCAC
02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the applicant became aware of the circumstances. A written
submission shall also be provided within 5 business days of the time the applicant becomes aware of
the circumstances. The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case-by-case basis
19. Mr. Steve Cahoon and Duke Energy shall conduct construction activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law.
[15A NCAC 02B.0200] If the Division determines that such standards or laws are not being met
(including the failure to sustain a designated or achieved use) or that State or federal law is being
violated, or that further conditions are necessary to assure compliance, the Division may reevaluate
and modify this Certification. Before modifying the Certification, the Division shall notify Mr. Steve
Cahoon and Duke Energy and the U.S. Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 02H.0503 and provide opportunity for public hearing in accordance with 15A NCAC
02H.0504. Any new or revised conditions shall be provided to Mr. Steve Cahoon and Duke Energy in
writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit
for the project.
20. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on the
DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f))
21. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H.0501 and .0502]

Mayo Coal Combustion Product Monofill Site
Phase I Modification
DWR Project k20120615v2
Individual Certification #WQC004179
Page 8 of 8
22. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required by, but
not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout
Buffer regulations.
23. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or
any right of use in any waters. This Certification does not authorize any person to interfere with the
riparian rights, littoral rights, or water use rights of any other person and this Certification does not
create any prescriptive right or any right of priority regarding any usage of water. This Certification
shall not be interposed as a defense in any action respecting the determination of riparian or littoral
rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to
possess any prescriptive or other right of priority with respect to any other consumptive user
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
24. This certification grants permission to the director, an authorized representative of the Director, or
DENR staff, upon the presentation of proper credentials, to enter the property during normal business
hours. [15A NCAC 02H .0502(e)]
25. Non-compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the
date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506]
This the 31t" day of January 2019
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/paw
WQC004179