NC cites proposed coal ash dump site with permit violations
State officials today took enforcement action in response to environmental permit
violations at an open-pit clay mine in Chatham County that is being prepared to
hold coal ash.
The N.C. Department of Environment and Natural Resources issued a notice
of violation to Green Meadow LLC and Moncure Holdings LLC for failure to
obtain a National Pollution Discharge Elimination, or NPDES, construction
stormwater permit for land-disturbing activities the companies have been
conducting near the Brickhaven No. 2 Mine Tract “A” in Chatham County. A
NPDES construction stormwater permit is required when a construction project
disturbs at least one acre of land.
DENR also issued a notice of deficiency to Green Meadow LLC for
activities that violated mining permit conditions at the site. The notice cites
clearing and grading that took place prior to the installation of required sediment
and erosion control devices, such as sediment basins and adequate silt fencing.
“As Governor McCrory’s coal ash clean-up initiative moves forward, our
department will continue to provide leadership, technical guidance and regulatory
oversight,” said Tom Reeder, DENR’s assistant secretary for the Environment.
“We will ensure that these projects are done the right way to protect the
environment and public health.”
Chatham County, which was delegated authority by the state to administer a
local erosion and sediment control program, issued Green Meadow and Moncure
Holdings a separate notice of violation for violating local ordinances at the
Brickhaven mine site.
DENR is reviewing an application from Green Meadow requesting
permission to modify the Brickhaven mining permit reclamation plan. The
company has also submitted an application to permit a coal ash reuse project at the
site. The proposed plan would move coal ash from several Duke Energy facilities
for use as structural fill in the mine. The company is required to install engineered,
protective liners in the pits before depositing the coal ash. The liner is designed to
capture leachate for disposal and act as a protective barrier between coal ash
contaminants and groundwater.
Today’s stormwater permit notice of violation requires Green Meadow and
Moncure Holdings to respond to the notice within 10 days. The response must
include documentation of when land-disturbing activity began, an explanation of
how the company has responded to the notice of violation issued by Chatham
County and details of measures that have been taken to eliminate potential
sediment impacts to nearby waterways. The mining permit notice of deficiency
requires Green Meadow to install sediment basins and adequate silt fencing within
10 days of receipt of the notice. The notice of deficiency also directs the company
to cease all activity in the area of the mine where construction of a rail spur is
proposed and to submit revised plans to the department for approval.
Failure to comply with conditions of the notice of violation may result in fines of
up to $25,000 per day per violation. Failure to comply with the conditions of the
notice of deficiency may result in additional enforcement action, including
issuance of a notice of violation and civil penalty assessment of up to $500 per
day. Copies of the enforcement documents can be found online at:
http://portal.ncdenr.org/web/lr/brickhaven-mine-enforcement.
Green Meadow has announced plans to use coal ash as structural fill at the
Brickhaven mine and a second mine in Lee
County.
-- Judy Hogan