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

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

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

4. Regulatory Requirements The owner or operator of the site must provide the following documentation to ensure compliance with the CCB regulations: –Certification of legal control over the site for the project life and closure period; –Certification from the local government that the site complies with local ordinances; –General description of the intended use, reuse, or reclamation of the CCB material; –Operations plan; –Closure plan; –Owner’s statement allowing authorized representatives of the Commonwealth access to the site to ensure compliance. –Owner’s statement allowing authorized representatives of the Commonwealth access to the site to ensure compliance.

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

6. Regulatory 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 RequirementCumberland Park Project

7. Regulatory 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. RequirementCumberland Park Project

8. Regulatory Requirements – Design & Construction RequirementCumberland Park Project  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.

9. Regulatory Requirements – Operations RequirementCumberland Park Project  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

10. Regulatory Requirements – Operations Arsenic 5.0 0.25 0.0057 Barium 100 0.29 2.9 Cadmium 1.0 0.0042 ND Chromium 5.0 0.014 0.0028 Lead 5.0 0.0028 0.014 Mercury 0.2 ND ND Selenium 1.0 0.20 0.0070 Silver 5.0 ND ND Table 1: List of Constituents and Maximum Levels Constituent Level (mg/L) Fly Ash Bottom Ash ND = Non Detect

11. Frequently Asked Questions Is a permit required for this type of facility? –In accordance with §9 VAC 20-85-150.A, the owner or operator of a site which manages only fossil fuel combustion products allowed under 9VAC20-85-40 shall not be required to have a solid waste management facility permit. Documentation must be submitted to the Department to verify the regulations are being met. Is groundwater monitoring required for the proposed project? –The regulations do not require groundwater monitoring for this type of project. The regulations establish maximum constituent levels for heavy metals in the CCB material.

12. Frequently Asked Questions Is a liner required? –The regulations do not require a liner to be installed for this use. Can CCB fill be placed in the floodplain? –The regulations allow placement of CCB fill in the floodplain, provided the CCB is protected from inundation and washout, and the fill complies will all local ordinances. As part of the application the owner must provide a local government certification which states the proposed project is consistent with all local ordinances.

13. Frequently Asked Questions Why has no public hearing been held or public comment period advertised? –There is no public participation or hearing required by the state CCB regulations. However, local government may have their own requirements for public hearings. Is financial assurance required? –No financial assurance is required.

14. Frequently Asked Questions Who is project owner? –The application was submitted by the Giles County Partnership for Excellence. Howard Spencer is the listed owner contact for the Partnership. Does DEQ inspect these facilities during construction? –DEQ does periodically inspect these facilities during construction. However, there is no regulatory requirement or frequency for these inspections.