Cumberland Park CCB Project Virginia Department of Environmental Quality October 9, 2007

Cumberland Park Cumberland Park CCB ProjectCCB Project

Virginia Department of Environmental QualityVirginia Department of Environmental QualityOctober 9, 2007October 9, 2007

Project DescriptionProject Description

The Giles County Partnership for Excellence submitted an The Giles County Partnership for Excellence submitted an application for a coal combustion byproduct (CCB) fill application for a coal combustion byproduct (CCB) fill project along Route 460, outside the Town of Narrows, project along Route 460, outside the Town of Narrows, and adjacent to the New River. and adjacent to the New River. The CCB fill area will encompass approximately 7.7 acres The CCB fill area will encompass approximately 7.7 acres of the 14.8 acres property. of the 14.8 acres property. Filling for the project is expected to begin in late-Fall 2007 Filling for the project is expected to begin in late-Fall 2007 and to be completed by mid- to late- 2010. and to be completed by mid- to late- 2010. Approximately 254,000 cubic yards of CCB material will be Approximately 254,000 cubic yards of CCB material will be placed at the site. placed at the site. The CCB used at the site will consist of fly ash and bottom The CCB used at the site will consist of fly ash and bottom ash from the American Electric Power Plant in Glen Lyn, ash from the American Electric Power Plant in Glen Lyn, Virginia. Virginia. The site is being constructed for commercial development. The site is being constructed for commercial development.

Regulatory RequirementsRegulatory Requirements

The Virginia Coal Combustion Byproduct The Virginia Coal Combustion Byproduct Regulations (§ 9 VAC 20-85 of the Virginia Regulations (§ 9 VAC 20-85 of the Virginia Administrative Code) establish standards Administrative Code) establish standards for siting, design, construction, operation for siting, design, construction, operation and administrative procedures pertaining and administrative procedures pertaining to the use, reuse and reclamation of coal to the use, reuse and reclamation of coal combustion byproducts (CCB). combustion byproducts (CCB).


The owner or operator of the site must provide The owner or operator of the site must provide the following documentation to ensure the following documentation to ensure compliance with the CCB regulations: compliance with the CCB regulations: – Certification of legal control over the site for the Certification of legal control over the site for the

project life and closure period; project life and closure period; – Certification from the local government that the site Certification from the local government that the site

complies with local ordinances; complies with local ordinances; – General description of the intended use, reuse, or General description of the intended use, reuse, or

reclamation of the CCB material; reclamation of the CCB material; – Operations plan; Operations plan; – Closure plan; Closure plan; – Owner’s statement allowing authorized Owner’s statement allowing authorized

representatives of the Commonwealth access to the representatives of the Commonwealth access to the site to ensure compliance. site to ensure compliance.


Upon receipt, the Department evaluates Upon receipt, the Department evaluates the submitted documentation for the submitted documentation for completeness within 30 days, to verify that completeness within 30 days, to verify that all of the necessary documentation has all of the necessary documentation has been submitted. been submitted.

Regulatory Requirements - SitingRegulatory Requirements - Siting

Shall not be placed in areas subject to base floods unless it can be shown that fossil fuel combustion products can be protected from inundation or washout and that flow of water is not restricted.

The proposed project is located in the 100-yr floodplain for the New River. An earthen berm with an anchored reinforced vegetation system will be constructed to protect the CCB material from inundation and washout. Flow in the river is not restricted by this activity.

The vertical separation between the fossil fuel combustion products and the maximum seasonal water table or bedrock shall not be less than two feet

6.55 feet separation from base of CCB fill and seasonal high water table.

100 feet from any perennial stream 280 feet from the New River

100 feet from any water well (other than a monitoring well) in existence at the onset of the project

There are no water wells in the vicinity of the site. Adjacent properties are served by public water from the Town of Narrows

Requirement Cumberland Park Project

Regulatory Requirements - SitingRegulatory Requirements - Siting

25 feet from a bedrock outcrop, unless the outcrop is properly treated to minimize infiltration into fractured zones

There are no outcrops within 25 feet.

100 feet from a sinkhole There are no sinkholes within 100 feet from the proposed fill location.

25 feet from any property boundary or, in the case of projects permitted by the DMME, 25 feet from the permit boundary

A variance was approved on July 25, 2007, which allows fill within 25 feet of the property boundary along the Route 460 property line in the VDOT right-of-way. The 25-foot buffer requirement will be respected for all other property boundaries at the site.

In wetlands, unless applicable federal, state and local permits are obtained

The proposed fill is not located in a wetland.

On the site of an active or inactive dump, unpermitted landfill, lagoon, or similar facility, even if such facility is closed

The proposed site is not an active or inactive dump, unpermitted landfill, lagoon or similar facility.


Regulatory Requirements – Design & ConstructionRegulatory Requirements – Design & Construction


Runoff from the CCB fill area shall be controlled and contained in accordance with the site Erosion Control Plan.

Erosion Control Plan approved by Giles County July 2007

Maximum finished side slope shall not exceed 33% and finished top slope shall be at least 2% to prevent ponding water , except where covered by a building, roadway, etc.

Side slopes will not exceed 33% and minimum top slope will not be less than 2%

(No Associated DEQ Regulatory requirements)

100-yr Floodplain Elevation: 1558.79 ft.Berm Elevation: 1560 ft.Maximum CCB Fill Elevation: 1584 ft.Minimum CCB Fill Elevation: 1538 ft.

Regulatory Requirements – OperationsRegulatory Requirements – Operations


Control tracking of mud or CCB onto public roads and fugitive dust at site.

Stone construction entrance will be used along with tire wash facility if needed to control mud and a dust control system will be installed.

Prohibit addition of any solid waste CCB fill material will not contain any solid or hazardous waste and will not exceed the heavy metal levels established in Table 1 of the Regulations

Regulatory Requirements – OperationsRegulatory Requirements – Operations

Arsenic 5.0Arsenic 5.0 0.25 0.0057 0.25 0.0057Barium 100Barium 100 0.29 2.9 0.29 2.9Cadmium 1.0Cadmium 1.0 0.0042 ND 0.0042 NDChromium 5.0Chromium 5.0 0.014 0.0028 0.014 0.0028Lead 5.0Lead 5.0 0.0028 0.014 0.0028 0.014Mercury 0.2Mercury 0.2 ND ND ND NDSelenium 1.0 Selenium 1.0 0.20 0.20 0.0070 0.0070Silver 5.0 Silver 5.0 ND ND ND ND

Table 1: List of Constituents and Maximum Levels

Constituent Level (mg/L) Fly Ash Bottom Ash

ND = Non Detect

Frequently Asked QuestionsFrequently Asked Questions

Is a permit required for this type of facility?Is a permit required for this type of facility?– In accordance with §9 VAC 20-85-150.A, the owner or In accordance with §9 VAC 20-85-150.A, the owner or

operator of a site which manages only fossil fuel combustion operator of a site which manages only fossil fuel combustion products allowed under 9VAC20-85-40 shall not be required to products allowed under 9VAC20-85-40 shall not be required to have a solid waste management facility permit. have a solid waste management facility permit. Documentation must be submitted to the Department to verify Documentation must be submitted to the Department to verify the regulations are being met.the regulations are being met.

Is groundwater monitoring required for the Is groundwater monitoring required for the proposed project? proposed project?

– The regulations do not require groundwater monitoring for this The regulations do not require groundwater monitoring for this type of project. The regulations establish maximum constituent type of project. The regulations establish maximum constituent levels for heavy metals in the CCB material.levels for heavy metals in the CCB material.


Is a liner required? Is a liner required? – The regulations do not require a liner to be installed The regulations do not require a liner to be installed

for this use.for this use.

Can CCB fill be placed in the floodplain? Can CCB fill be placed in the floodplain? – The regulations allow placement of CCB fill in the The regulations allow placement of CCB fill in the

floodplain, provided the CCB is protected from floodplain, provided the CCB is protected from inundation and washout, and the fill complies will all inundation and washout, and the fill complies will all local ordinances. As part of the application the local ordinances. As part of the application the owner must provide a local government certification owner must provide a local government certification which states the proposed project is consistent with which states the proposed project is consistent with all local ordinances. all local ordinances.


Why has no public hearing been held Why has no public hearing been held or public comment period advertised? or public comment period advertised?

– There is no public participation or hearing required There is no public participation or hearing required by the state CCB regulations. However, local by the state CCB regulations. However, local government may have their own requirements for government may have their own requirements for public hearings.public hearings.

Is financial assurance required? Is financial assurance required? – No financial assurance is required.No financial assurance is required.


Who is project owner? Who is project owner? – The application was submitted by the Giles County The application was submitted by the Giles County

Partnership for Excellence. Howard Spencer is Partnership for Excellence. Howard Spencer is the listed owner contact for the Partnership.the listed owner contact for the Partnership.

Does DEQ inspect these facilities during Does DEQ inspect these facilities during construction? construction?

– DEQ does periodically inspect these facilities during DEQ does periodically inspect these facilities during construction. However, there is no regulatory construction. However, there is no regulatory requirement or frequency for these inspections.requirement or frequency for these inspections.

Documents

Cumberland Park CCB Project Virginia Department of Environmental Quality October 9, 2007