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In The News

NSF Funds ASDSO Member's Study on Effects of Recent Coal Ash Spill
7-2014 | Association of Dam Safety Officials
The National Science Foundation has awarded a one-year $49,999 grant to ASDSO member Mustafa Altinaker (Director and Research Professor, University of Mississippi National Center for Computational Hydroscience & Engineering) for "Assessment of a coal-ash spill in Dan River on water resources downstream using numerical modeling" (National Science Foundation grant #1438582).  This work provides a unique first opportunity to study a major coal-ash spill event while it is still happening, with the added benefits of guiding data collection efforts and immediately interpreting data to gain a better understanding of the consequences of coal ash spills on river-reservoir system, and developing mitigation strategies. Although coal ash spills have occurred many times in the past with disastrous consequences for humans, water resources, and the ecosystem, this will be the first time a complete investigation based on coupled one and two-dimensional modeling of unsteady hydrodynamics, sediment transport and morphodynamics and contaminant transport and fate can be undertaken. The models established for the research will also serve for long term monitoring and development of remediation approaches.

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Coal ash, fish tales and the legacy we'll leave in NC
7-5-14 | Raleigh News & Observer Op-Ed | By David Caldwell
Our technology in the energy field has not come a long way since our grandfathers' time. The ash is still basically dumped onto the ground – well, not quite. A lot of it is poured back into the earth in the form of large holding ponds or "lagoons."

The steam plant in Cliffside is storing approximately 1.6 billion gallons of ash, sludge and liquid in its coal ash ponds. All of this is perched on the banks of the Broad River. But these earthen storage lagoons cannot be permanent, no matter how well-engineered. Earthen dams with massive amounts of hydraulic pressure behind them inevitably leak. Whether in a catastrophic failure or gradually through smaller leaks, sooner or later all of this wastewater will seep into the surrounding earth and waters if it is not removed.

Duke Energy has recently agreed to remove the coal ash from two nearby facilities in Mountain Island and Asheville, beside the Catawba and French Broad rivers. What about Cliffside? Is our Broad River any less valuable than these other rivers?

A bill has been introduced in the N.C. Senate that would leave the fate of coal ash ponds to a commission, appointed by the N.C. General Assembly and the governor. Duke Power, DENR, N.C. politicians shouldn't pick and choose which of our rivers and lakes should be kept clean. Let's go ahead and remove these waste sites from all of our N.C. waterways and clean them up for our future.
I'd like to become the old-timer who can say with confidence to the young fisherman, "Yes, these are great fishing waters, and the fish are good to eat."

David Caldwell of Lawndale is a member of the Broad River Paddle Club.
read more

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Groups say coal ash dumps polluting 3 NC rivers
7-1-14 | Raleigh News & Observer | By Mitch Weiss
CHARLOTTE, N.C. — An environmental group said Tuesday that it's planning to use the federal Clean Water Act to sue Duke Energy over coal ash pollution that threatens drinking water and public safety near three North Carolina power plants.

The Southern Environmental Law Center, on behalf of several environmental groups, filed a notice of intent to sue Duke for violations at the company's Cape Fear, Lee and Buck plants.

The state Department of Environment and Natural Resources filed enforcement actions last year against Duke for coal-ash pollution at those plants. But the environmental law group said regulators failed to include many of Duke's violations and didn't require the $50 billion Charlotte-based company to clean up those sites.

In addition, the state didn't force Duke to take specific action to ensure that dams holding back millions of tons of toxic waste are safe, said Frank Holleman, the environmental law group's senior attorney.

The filing is the latest effort by environmental groups that say the state hasn't done enough to force Duke to clean up its coal-ash pollution. read more

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N.C. orders Duke Energy to act after finding more faulty pipes
6-27-14 | GoDanRiver.com and (Greensboro, N.C.) News & Record | By Danielle Battaglia
State officials put Duke Energy on notice Thursday after finding a leak in the secondary coal ash pond at the Dan River Steam Station near Eden.

That plant was one of three coal-ash impoundments with enough problems to force the N.C. Department of Environment and Natural Resources to issue a notice of deficiency. Duke has 30 days to come up with a plan to address the issues.

After reviewing video from 33 coal ash impoundments around the state, DENR officials said Thursday they had found numerous problems at the facility on the Dan River.

Video of a horizontal pipe system used to discharge wastewater from the coal-ash impoundment showed numerous holes and leaks throughout a concrete barrel pipe.

The video shows tree roots growing throughout joints in the pipe and some joints displaced.
Several blockages prevent flow through the pipe.

"Your dam is considered a 'high hazard' dam," DENR said in its letter to Duke. "In the event of dam failure, significant environmental damage to the Dan River could occur due to the release of coal ash stored behind the dam."

But DENR isn't that concerned about this newly reported leak, at least not yet.

"If there was any kind of high risk at this point, we would have staff engineers on site," spokeswoman Bridget Munger said. read more

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NC AG: Make Duke Energy pay for coal ash fix
6-18-14 | Raleigh News & Observer | By John Murawski
N.C. Attorney General Roy Cooper has become the latest Duke Energy critic to urge state lawmakers to spare the public from paying billions of dollars Duke would incur if the legislature forces the power company to fix leaky coal ash lagoons.

Cooper has joined a chorus of environmental advocacy groups insisting the Charlotte-based electric utility should absorb the costs of environmental compliance arising from the storage of coal ash, a byproduct of burning coal at power plants.

"I realize this issue is complicated and that utilities are entitled to reasonable cost recovery in most instances," Cooper wrote to Republican Sen. Tom Apodaca, who sponsored a coal ash cleanup bill this week. "However, in this situation it is better to come down on the side of the consumer."

Duke officials have said the costs could be $10 billion if the company is required to dig up the ash in several dozen lagoons and transfer the waste to lined landfills. A reclamation project of that magnitude could cost electricity customers in North Carolina more than $20 a month.

The state's pending lawsuit against Duke's ash pits could also elicit key information.

Last week, for example, state regulators ordered Duke to submit repair plans for leaky pipes at coal ash impoundment dams at five power plants.

On Wednesday, the N.C. Department of Environment and Natural Protection issued another deficiency letter for gushers and drips at pipes at the company's Weatherspoon Steam Station in Lumberton. read more

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NC regulators defend governor's coal ash clean-up plan
6-5-14 | Raleigh News & Observer | By Craig Jarvis
The head of the state's environmental protection agency and his top deputies aggressively defended the governor's coal ash cleanup plan in a Senate committee Thursday.

Still smarting from criticism that the state Department of Environment and Natural Resources has been lax dealing with coal ash, Secretary John Skvarla took a sometimes defiant stance insisting that Gov. Pat McCrory's proposal was based on science and engineering, not special interests.

"The state of North Carolina is in charge of this process – no one else," Skvarla said.

Skvarla said the plan would close a loophole that makes it easier to dispose of coal ash than it does household waste. That provision has been in place since before DENR became responsible for the dam safety and waste-management oversight of coal-ash ponds in 2009, when Duke's disposal permit was last renewed. (DENR has regulated the industry through water discharge permits for much longer than that.)

"Where was the outrage in 2009 when the state of North Carolina still allowed the creation of a landfill for coal ash to be easier than a landfill for banana peels?" he said. read more

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Judge: Groups can participate in NC coal ash cases
5-6-14 | Associated Press | By Mitch Weiss
CHARLOTTE, N.C. — A North Carolina judge says a coalition of environmental groups can participate in the state's enforcement action against Duke Energy for groundwater pollution leaching from the company's coal ash dumps.

The ruling was praised Tuesday by environmentalists who tried to use the Clean Water Act last year to force Duke to clean up all of its 33 ash pits across the state.

Superior Court Judge Paul Ridgeway's ruling allowing the coalition to participate fully in the proceedings also means they will have access to Duke and state Department of Environment and Natural Resources documents.

Duke spokesman Thomas William said the company doesn't plan to appeal Ridgeway's ruling. read more

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Danville prepares for coal ash spill dredging
5-4-14 | The Associated Press 

DANVILLE, Va. — Danville officials are preparing for the dredging of coal ash from the Dan River. The city says in a news release that Danville Utilities will close the city water treatment plant's intake valve during the day when dredging is occurring. The valve will be open in the evenings and overnight. read more

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Amid security and protests, Duke shareholders re-elect current directors
5-1-14 | Raleigh News & Observer | By Bruce Henderson

Duke Energy stockholders waded through a raucous carnival of protesters Thursday for an annual meeting that produced no major changes after three months of coal ash intrigue.

Shareholders re-elected all 15 company directors, including those whom institutional investors had targeted for removal after a disastrous Feb. 2 ash spill into the Dan River.

A shareholder proposal for Duke to fully disclose its political contributions failed, according to preliminary results.

Speeches and street theater denouncing Duke and coal ash came from about 100 protesters who rallied outside the meeting in uptown Charlotte. read more

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NC treasurer intends to use vote to oust Duke director over coal ash
4-30-14 | Associated Press | By Emery P. Dalesio AP Business Writer

RALEIGH, N.C. — North Carolina's public pension funds, which own a piece of Duke Energy, will use their influence to try to force Duke's board of directors to bring in new blood and improve oversight of the cleanup of a massive coal ash spill that coated 70 miles of a river with toxic sludge, state Treasurer Janet Cowell said Wednesday.

Cowell will vote shares held by state pension funds against Duke Energy director Carlos Saladrigas' re-election on Thursday to force change on the board coping with the spill's aftermath, she said in a letter to the company. read more

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Duke Energy ash spill needs outside investigator, state treasurer says
4-30-14 | Raleigh News & Observer | By Bruce Henderson

Duke Energy shareholders will gather Thursday for an annual meeting framed by investors critical of Duke's response to a Feb. 2 coal ash spill into the Dan River.

State Treasurer Janet Cowell's office said Wednesday it will vote to oust one director, and urged Duke's board to seek an outside probe of the "corporate decisions that led to the Dan River spill."

Cowell, who oversees the $80 billion pension plan for state and local government employees, became at least the third of Duke's institutional investors to urge new blood on its 15-member board. read more

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Duke needs lasting fix
4-25-14 | Smithfield Herald | By Scott Mooneyham

RALEIGH — The state's chief environmental regulator might well be right that a one-size-fits-all approach to coal ash cleanup might not work.

John Skvarla, who heads the state Department of Environment and Natural Resources, recently joined Gov. Pat McCrory to outline a proposal to clean up Duke Energy's 33 coal-ash pits in the aftermath of the massive spill in the Dan River.

"The engineering and science is going to be a little more complicated than digging them all up and moving them to landfills," Skvarla said.

The proposal from McCrory would give the department that Skvarla heads authority over how the cleanup proceeds. It would establish priorities and time frames but let Duke propose how each should be closed.

That has environmental groups worried, especially because the governor has yet to produce specific legislation. read more

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Removing coal ash from all 14 Duke Energy sites could cost $10 billion
4-22-14 | Raleigh News & Observer | By John Murawski

Duke Energy's top North Carolina executive told state lawmakers Tuesday that digging up coal ash from disposal sites across the state and trucking the industrial waste to modern landfills, as critics are demanding, could cost as much as $10 billion.

A cheaper option, which leaves the coal ash in place at most sites, would cost at least $2 billion.
Duke officials are keeping a low profile about who will pay that cost, but a state regulator estimated the higher price tag cited Tuesday could cost North Carolina households more than $20 a month.

The Charlotte electric utility provided the financial estimate to the N.C. Environmental Review Commission at a public hearing to explore remediation options for its ash pits in the wake of a spill of 39,000 tons of coal ash sludge at Duke's Dan River power plant in February.

The financial disclosure ends months of speculation about the cost of shutting down the open-air pits dispersed at 14 locations statewide, all of which are percolating contaminants into underground drinking water. It sets the stage for a legal showdown over who will pay for the extensive remediation that could take several decades to complete. read more

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Coal ash unmonitored in fill sites across NC
4-20-14 | Charlotte Observer | By Bruce Henderson

Coal ash, infamous for its recent splash into the Dan River, also lies along Charlotte's outerbelt.
It's next to a Huntersville car dealership and under a Lowe's store in Mooresville.

The ash was used to level ground and fill gullies. Duke Energy once sold it for 50 cents to $1 a ton, disposing of waste – and a liability – it would otherwise have had to store in ponds or landfills.

At least 1.8 million cubic yards of dry ash are buried in nearly two dozen places around Charlotte, not counting power plants. That's enough to cover 1,100 acres a foot deep in ash.

An unknown amount of wet ash, removed from ponds and regulated separately, was also used as fill material. The state can't locate records before 2011 that would show where or how large those sites are.

State standards are so minimal that even property owners, much less their neighbors, might not know what's underfoot. And while ash has a known ability to contaminate groundwater, fill sites are rarely tested.

State officials acknowledge the need for stronger regulation. read more