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BK 00027 PG <br />LEE COUNTY <br />Committed Today for a Better Tomorrow <br />RESOLUTION APPROVING SETTLEMENT AND RELEASE AGREEMENT WITH DUKE <br />ENERGY PROGRESS, INC. AND DUKE ENERGY CAROLINAS, LLC <br />WHEREAS, in 2014, the North Carolina General Assembly passed the Coal Ash Management <br />Act ( "CAMA ") codified at Chapter 130A, Article 9, Part 21; and, <br />WHEREAS, the CAMA sets forth the rules and procedures for use of coal ash in the reclamation <br />of clay mines, including the requirements for mining and structural fill permits through the Department of <br />Environment and Natural Resources ( "DENR "); and, <br />WHEREAS, Duke Energy Progress, Inc. and Duke Energy Carolinas, LLC (hereinafter "Duke <br />Energy "), through their partners, Charah and Green Meadows, LLC, purchased the Colon Road Mine on <br />which they will use coal ash for a mine reclamation structural fill project pursuant to CAMA and have <br />submitted the necessary permit applications to DENR, which draft permits have been issued; and, <br />WHEREAS, a Section 404 Permit and a North Carolina 401 Water Quality Certification and <br />Isolated Wetlands Permit through the Army Corps of Engineers are also required and such draft permits <br />have been issued and are currently out for public comment; and, <br />WHEREAS, in lieu of threatened litigation by Lee County, Duke Energy and Lee County have <br />negotiated a Settlement and Release Agreement, a copy of which is attached to this Resolution as Exhibit <br />A; and, <br />WHEREAS, it is the desire of the Lee County Board of Commissioners to approve the Settlement <br />and Release Agreement with Duke Energy. <br />NOW, THEREFORE, BE IT RESOLVED by the Lee County Board of Commissioners as <br />follows: <br />1. The Settlement and Release Agreement between Lee County and Duke Energy is hereby <br />approved. <br />2. The Chairman is authorized to sign such agreement and any other related documents as may <br />be necessary to complete the Agreement. <br />Dated this the day of March, 2015. �A <br />Amy M. alrymple, Chair <br />Lee County Board of Commissioners <br />A ST: - - & , <br />ell . Lee, Clerk <br />Lee County Board of Commissioners <br />HORTH CAROIIK LEE COUM <br />Preseried for registration on the day <br />recorded th Book_Page <br />1 :711 <br />