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LEGISLATIVE RESEARCH CENTER
File #: 18-2736    Version: 1
Type: Agenda Item Status: Work Session
File created: 8/3/2018 In control: Public Works
On agenda: 8/20/2018 Final action:
Title: Update on use of Coal Ash settlement funds and environmental monitoring results.
Attachments: 1. Duke Energy Agreement, 2. Presentation for Chatham Board of Commissioners 8-20-18, 3. Duke Energy Coal Ash Settlement Agreement
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Title
Update on use of Coal Ash settlement funds and environmental monitoring results.

Abstract
Action Requested: Receive the update

Introduction & Background:
? In June of 2015, Chatham County entered into a Settlement and Release agreement with Duke Energy Progress as a result of the proposed placement of coal ash at the Brickhaven mine site in Moncure.
? The BOC has agreed to spend these funds on environmental monitoring activities and for purposes that benefit the residents of Moncure.

Discussion & Analysis:
? The agreement specified the County would receive $1.50 per ton of coal ash deposited at the Brickhaven Site in Moncure up to a maximum of 12,000,000 tons with an initial payment of $6,000,000 covering the first 4,000,000. In addition to these payments, Duke agreed to pay the County $114,193 annually for five years in lieu of ad valorem tax revenue lost due to the closure of the Cape Fear power plant. The agreement also provides for $300,000 to be used toward retirement of the Moncure Fire District's debt.
? The agreement specified that the County could perform sampling of the ash coming to the site and split sampling of groundwater monitoring wells. The County also has worked with the State to determine the most appropriate method to test for coal ash air contamination associated with the transportation of the ash to the site.
? In exchange for these concessions, the County agreed to release all claims as to Duke and not to initiate or pursue, and not encourage or assist any other person or entity to initiate or pursue, any judicial or other forum or proceeding, any of the Duke released claims. Additionally, Chatham County agreed not to comment in
opposition to any requested permits for the site.

How does this relate to the Comprehensive Plan: Become more resilient by mitigating, responding, and adapting to emerging threats. Monitoring the environmental conditions at the Brickhaven site allows the County to identify potential emerging contami...

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