20150998 Ver 1_Environmental Justice Impact Statement_20160921

From:
K4uss|er,Ed
Sent:
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To:
8urdette,Jennifer a
Subject:
B report for sutton
Attachments:
EPA-OfficeofCR-Sutton-20160617.pdf
See attached
Edward F. K8uss|erU|, P.E.
Permitting Branch Supervisor
Division ofWaste Management- Solid Waste Section
NC Department of Environmental Quality
919-707-8281 office
0000000000 mobile
Ed.nnuss|[e-mail]
1646Mail Service Center
217VVJones Street
Raleigh, NC 27699-1646
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Email oorrespoclenmeto and f�omthlo; address o;out-Yect to t1he
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Waste Management
ENVIRONMENTAL QUALITY
June 17, 2016
Laura Bachle Acting Assistant Director
Division of External Compliance (Title VI)
EPA Office of Civil Rights (1201A)
1200 Pennsylvania Ave NW
Washington, DC 20460
Dear Ms. Bachle,
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secrefary
MICHAEL SCOTT
Director
The N.C. Department of Environmental Quality (DEQ) is committed to ensuring that communities
subject to Title VI of the Civil Rights Act of 1964 are not negatively impacted by newly proposed
and expanded coal ash landfills. A study has been conducted by DEQ in recent months to evaluate
the communities surrounding the landfill sites.
The Sutton Duke Energy Complex is located at a 3,308 -acre property in New Hanover County,
near the city of Wilmington, Cape Fear River and the Northeast Cape Fear River. The Sutton
Duke Energy Complex is the first of the proposed landfill sites to be studied by department staff.
Attached to this letter you will find the study.
The study included an assessment of the race and ethnicity, income,- sex, disability, age and
English proficiency of residents near the Sutton Energy Complex. DEQ has determined that the
proposed landfill at the Sutton Energy Complex does not impose disproportionally high or adverse
environmental harm to residents in these target populations. We are asking for you to review
this study and acknowledge to the DEQ any recommendations or comments on this study within
30 days. Also, please provide any feedback to us on the process which we have undertaken and
any suggested changes, as we will be working through numerous environmental justice studies
at Duke Energy disposal sites.
Thank you for taking the time for this review. We look forward to hearing from you.
Sincerely,
.v
Michael Scott, Division of Waste Management Director
EC: Samuel Peterson, US EPA OCR [e-mail]
Jonathon Stein, US EPA OCR stein.jonathon0epa.gov
State of North Carolina I Environmental Quality I Waste Management
1646 Mail Service Center 1 217 West Jones Street Raleigh, NC 27699-1646
919 707 8200 T

Sutton Energy Complex
Environmental Justice Impact Statement
CONTENTS
1 Introduction............................................................................................................................................1
2 Environmental Justice Evaluation........................................................................................................1
3 Project Proposal.....................................................................................................................................1
4 Geographic Area.....................................................................................................................................2
5 Regional Setting.....................................................................................................................................2
5.1 Race and Ethnicity......................................................................................................................2
5.2 Age and Sex.................................................................................................................................3
5.3 Disability.......................................................................................................................................4
5.4 Poverty ..........................................................................................................................................5
5.5 Household Income......................................................................................................................6
5.6 Limited English Proficiency (LEP).............................................................................................6
6 Local Setting...........................................................................................................................................8
6.1 Local Industrial Sites..................................................................................................................9
6.2 Local Sensitive Receptors..........................................................................................................9
6.3 Race and Ethnicity....................................................................................................................10
4.4 Age and Sex...............................................................................................................................11
4.5 Poverty........................................................................................................................................12
4.6 Household Income....................................................................................................................13
6.7 Limited English Proficiency (LEP)............................................................................................13
7 Field Reconnaissance...........................................................................................................................14
7.1 Demographic Analysis of Potential Area of Concern............................................................15
7.2 Next Steps..................................................................................................................................15
7.2.1 Discussion with Public Officials............................................................................................16
7.2.2 Potential Area of Concern....................................................................................................16
8 Summary of Potential Adverse Environmental and Human Health Effects and Analysis of the
Potential for. Disproportionately High and Adverse Effects............................................................17
8.1 Traffic..........................................................................................................................................17
8.2 Potential releases of CCPs to the environment....................................................................17
8.2.1 Leachate Collection System.................................................................................................17
8.2.2 Erosion and Sedimentation Control.....................................................................................17
8.2.3 Dust Control Plan.................................................................................................................18
9 Conclusion.............................................................................................................................................18

Sutton Energy Complex
Environmental Justice Impact Statement
BIBLIOGRAPHY
EPA E]Screen, https://ejscreen.ega.gov/mapper/
Geosyntec Consultants, 2015, Onsite CCR Landfill Construction Application Report, L.V. Sutton Energy
Complex, Sutton Steam Plant Road, Wilmington, North Carolina, prepared on behalf of Duke Energy
Progress
U.S. Census Bureau, American Fact Finder, http://factfinder.census.gov/faces/nay/jsf/pages/index.xhtml

Sutton Energy Complex
Environmental Justice Impact Statement
TABLES
Table 1. U.S. Census Bureau, Race and Ethnicity -New Hanover County..........................................2
Table 2. U.S. Census Bureau, Age and Sex — New Hanover County..................................................3
Table 3. U.S. Census Bureau, Disability- New Hanover County...........................................................4
Table 4. U.S. Census Bureau, Poverty Status in the Past 12 Months in 2014 — New Hanover
County..........................................................................................................................................5
Table 5. U.S. Census Bureau, Household Income in the Past 12 Months (2014) — New Hanover
County..........................................................................................................................................6
Table 6. U.S. Census Bureau, Limited English Proficiency — New Hanover county ..........................7
Table 7. U.S. Census Bureau, Race and Ethnicity — Census Tract 115 and One -Mile Radius....... 11
Table 8. U.S. Census Bureau, Age and Sex — Census Tract 115 and One -Mile Radius .................11
Table 9. U.S. Census Bureau, Poverty Status in the Past 12 Months in 2014 — Census Tract 115
andOne -Mile Radius................................................................................................................12
Table 10. U.S. Census Bureau, Household Income in the Past 12 Months (2014) — Census Tract
115 and One -Mile Radius........................................................................................................13
Table 11. U.S. Census Bureau, Limited English Proficiency — Census Tract 115 and One -Mile
Radius.........................................................................................................................................14
FIGURES
Figure 6-1. Map of Census Tract 115 — New Hanover County, NC.....................................................8
Figure 6-2. Map of One -Mile Radius around Proposed Sutton Industrial Landfill .............................9
Figure 6-3. Sensitive Receptors surrounding Sutton Energy Complex.............................................10
Figure 7-1. Potential Environmental Justice Community approximately outside of one -mile .......15

Sutton Energy Complex
Environmental Justice Impact Statement
1 Introduction
Environmental justice is the fair treatment and meaningful involvement of all people regardless
of race, color, national origin, or income, with respect to the development, implementation, and
enforcement of environmental laws, regulations; and policies. This report will examine the
demographic and environmental conditions within New Hanover County, as well as Census Tract
115 and a one -mile radius around the Sutton Energy Complex which will contain the proposed
coal ash residual (CCR) Sutton Landfill located at 801 Sutton Steam Plant Road, Wilmington, NC,
28401. This report will evaluate the results of the demographic and environmental conditions
within one mile of the proposed CCR landfill to determine any disproportionately high or adverse
environmental and human health effects on low-income or minority populations.
2 Environmental Justice Evaluation
The North Carolina Department of Environmental Quality (Department or NCDEQ) administration
stated in a press release that they would go beyond federal and state requirements to protect
minority communities from negative impacts when evaluating Duke Energy's applications to store
coal ash in a new landfill. Since then, the Department has assessed the potential impact on
communities surrounding the proposed on-site coal ash landfill at the Sutton Energy Complex in
Wilmington, NC. The assessment of potential impacts has included:
• Review of coal ash management plan, proposed landfill operations plan and potential
exposure pathways to determine impact boundaries.
• Based on coal ash transportation information, a one -mile impact radius was established.
• Study of area demographics are determined by utilizing EPA Environmental Justice tool
(EJScreen) https://ejscreen.epa.goy/mapper/ and current available census data.
http://factfinder.census.gov/faces/navjsf/pages/index.xhtml
• Comparison of area demographics to project county census data.
• Complete a confirmation site visit to ensure current available census data was accurate.
• Communicate with public and public officials in neighboring communities.
3 Project Proposal
The proposed project is for a permit to construct and operate an onsite coal combustion residuals
(CCR) landfill disposal facility (landfill) at the L.V. Sutton Energy Complex (Sutton), located in
Wilmington, North Carolina, through a 10 -year permit. The proposed onsite CCR landfill will be
operated in support of closure activities of the existing CCR basins and decommissioning activities
at Sutton. The project includes the installation of a liner and leachate collection system for the
landfill. It is estimated that the proposed 100 -acre landfill will provide approximately 8.3 million
cubic yards (approximately 10 million tons — assuming a density of approximately 1.2 tons/cy) of
disposal capacity over a period of approximately 12 years; however, construction of the cells is
expected to be complete within 10 years (Geosyntec, 2015). The ash from the basins is proposed
to go into the onsite landfill; once constructed, transportation of coal ash from Sutton will be
terminated. The coordinates for the proposed facility are: N 34.283933, W -77.985009. The
maximum elevation of the proposed landfill will be approximately 112 feet North American Vertical
1 1 P

Sutton Energy Complex
Environmental Justice Impact Statement
Datum (NAVD88) with an average top -deck elevation equal to 108 feet NAVD88 (Geosyntec,
2015).
4 Geographic Area
Sutton Energy Complex is located in an approximately 3,308 -acre property in New Hanover
County, near Wilmington, North Carolina and is situated between the Cape Fear River to the west
and the Northeast Cape Fear River to the east. The complex is also located approximately 1.9
miles south of the New Hanover Municipal Solid Waste Landfill (Geosyntec, 2015).
5 Regional Setting
The below sections on race and ethnicity, age and sex, disability, poverty, household income, and
Limited English Proficiency (LEP) population are based on the US Census Bureau data at a county
level. Demographics of New Hanover County will be determined and compared at a local level to
better recognize any variations surrounding the project area.
5.1 Race and Ethnicity
According to the 2010 US Census Data QT -P3, Race and Hispanic Origin: 2010; 2010 Census
Summary File 1 report, the highest populations within New Hanover County's population of
202,667 were White, Black or African American, Mexican, and Puerto Rican with 79.1%, 14.8%,
2.9%, and 2.9%, respectively. Some other Race, Asian, and Other Hispanic or Latino were also
found above 1.0% within New Hanover County in 2010.
Table 1. U.S. Census Bureau, Race and Ethnicity -New Hanover County
2 1 P a g e
New Hanover Coun
North Carolina
Race and Ethnicity I
Number
Percent
Total Population
202,667
100%
White
160,298
79.1%
Black or African American
29,907
14.8%
American Indian or Alaska Native
1,005
0.5%
Asian
2,4 0
1.2%
Native Hawaiian and Other Pacific Islander
130
0.1%
Some other Race
4 852
2.4%
Two or More Races
4,065
2%
HISPANIC OR LATINO of any race
202,667
1000/0
Mexican
_5,932
2.9%
Puerto Rican
1,312
2.9%
Cuban
317
0.2%
Other Hispanic or Latino
3,155
1.6%
i Source: U.S. Census Bureau, 2010 Census
i
2 1 P a g e

Sutton Energy Complex
Environmental Justice Impact Statement
5.2 Age and Sex
According to the US Census Bureau, QT -P1, Age Groups and Sex: 2010 Census Summary File 1,
New Hanover County has an estimated male and female total population of 202,667. The highest
percentage of the New Hanover County population is between the ages of 18 and 64, with a
median age of 35.7 for males and 38.9 for females.
Table Z. U, S. Census Bureau, Age and Sex--- New Hanover County
31 Page
New Hanover County
Age
Both
sexes
Number
Male
I
Female
Both
sexes
Percent
Male
Female
Total population
202,667
98,269
104,398
100%
100%
100%
Under 5 years
11724
5 986
5 738
5.8%
6.1%
5.5%
Under 18 years
40,413
20,726
19,687
19.9%
21.1%
18.9%
18 to 64 years
134,162
65,609
68,553
66.2%
66.8%
65.7%
65 years and over
28,092
11,93416
158
13.9%
12.1%
15.5%
Median age
ears
37.3
35.7
38.9
Source: U.S. Census Bureau 2010 Census.
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Sutton Energy Complex
Environmental Justice Impact Statement
5.3 Disability
According to the 2014 American Community Survey Disability Characteristics 1 -year Estimate,
S1810 from the US Census Bureau, New Hanover has an estimated total of 213,771 population
of non institutionalized civilians. Of those civilians, an estimated 12.2% have a disability. The
highest population of disabled civilians are of the population 65 years and over, with an estimated
percentage of 30.5%. Male and females were found to be equally effected by a disability in New
Hanover County with a margin of error of+/ -1.9 and 1.6, respectively. The margin of error on
the total estimate of the Hispanic or Latino origin population was the lowest amount of error with
+/- 2 and a total estimate of 11,616. White, Black or African American, and Two or more races
have a margin of error of +/- 1,796, 1,576, 1,646, respectively. The population with a disability
is estimated to be highest among White alone with an estimate of 21,086 people. However, the
estimated percent of White (only one race) with a disability is 12.2% of the total estimated people
within New Hanover County. The highest estimated percent with a disability within New Hanover
County would be "Two or more races" at an estimate of 19.4%.
Table 3. U.S_ Census Bureau, Disabdity New Hanover County
41 Page
New Hanover County,
North Carolina
Total
# With a disability
Percent with a
Subject
disability
Estimate
Margin of
Estimate
Margin
#
Estimate
Margin
Error
of Error
of Error
Total civilian
noninstitutionalized
213,771
+/-831
! 26,149
+/-2,392
12.20%
+/-1.1
population
Population under 5 years
11,218
+/-176
75
+/-129
0.70%
+/-1.1
Population 5 to 17 years
30,450
+/-444
2,191
+/-957
7.20%
+/-3.2
Population 18 to 64 years
138,921
+/-848
13,774 9
+/-1,866
9.90%
+/-1.3
Population 65 years and over
33,182
+/-556
10,10
+/-1 098
30.50%
+/-3.4
SEX
Male
102,043
+/-1,302
12 473
+/-1,999
12.20%
+/-1.9
Female
111,728
+/-1,247
13,676
+/-1,792
12.20%
+/-1.6
RACE AND HISPANIC OR LATINO ORIGIN
White
173,178
+/-1796
21,086:]:+/-2162
12.20%
+/-1.2
Black or African American
30,890
+/-1,576
3,997
+/-947
12.90%
+/-3.2
Two or more races
4,507
+/-1646
875_
+/-658
19.40%
+/-10.4
_
Hispanic or Latino
11,616
+/-2
1,063
+/-474
9.20%
Source: U.S. Census Bureau, 2014 American Community Survey 1 -Year Estimates
American Indian and Alaska Native,
Asian, Native Hawaiian and Other Pacific Islander, and Some other
race were
not reported with any estimated disabilities within
New Hanover County.
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Sutton Energy Complex
Environmental Justice Impact Statement
5.4 Poverty
The following table was completed using data from Census Table S1701, Poverty Status in the
Past 12 Months in 2014 for New Hanover County, North Carolina. It was estimated in 2014, there
was a population of 209,192 in New Hanover County, NC with a percentage of 18.8% living below
the poverty level. A low population of 11,382 Hispanic or Latin origin civilians living in New
Hanover County had the highest percent below poverty level at 40.7%. The highest population
of 170,020 White civilians had a percentage of 17.3% people living below the poverty level.
Table 4. U.S. Census Bureau, Poverty Status in the Past 12 Months in 2014 -- New Hanover County
51 Page
New Hanover Coun North Carolina
Total
Below
poverty level I Percent below poverty level
Subject
Estimate
Margin of
Estimate
Margin of
Estimate
Margin of
Error
Error
Error
Population for whom
poverty status is
209,192
+/-1,406
39,234
+/-5,756
18.80%
+/-2.7
determined
AGE
Under 18 years
40,429
+/-1,054
10,331
+/-2,981
25.60%
+/-
18 to 64 years
135,581
+/-1,301
27,140
+/-3,683
20.00%
_.4
+/-2.7
65 years and over
33,182
+/-556
1,763
+/-695
5.30%
+/-2.1
SEX
Male
100,443
1 +/-1,522
1 16,765
1 +/-3,023
16.70%
1 +/-3.0
Female
108,749
1 +/-1,415
1 22,469
+/-3,535
20.70%
+/-3.2
RACE AND HISPANIC OR LATINO ORIGIN
White
170,020
+/-1,838
29,428
+/-5,203
17.30%
+/-3.0
Black or African American
29,947
+/-1,715
7 446
+/-1,962
24.90%
+/-6.7
Two or more races
4,084
+/-1,378
1 395
+/-913
34.20%
+/-17.7
Hispanic or Latino origin
11,382
+/-178
4,638
+/-1,618
40.70%
+/-14.2
of any race
White alone, not Hispanic
161,629
+/-926
25,755
+/-4,470
15.90%
+/-2.7
or Latino
All Individuals below:
50 percent of poverty
21,875
+/-5,057
level
125 percent of poverty
47,658.
+/-5,939
level
150 percent of poverty
54,603
+/-6,090
level
185 percent of poverty
66,351
+/-6,448
level
200 percent of poverty
72,145
+/-6,315
level
Source: U.S. Census Bureau, 2014 American
Community Survey 1 -Year Estimates American Indian and Alaska
Native, Asian, Native Hawaiian and Other
Pacific Islander, and Some
other race were not reported with any
estimated poverty levels within New Hanover County.
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Sutton Energy Complex
Environmental Justice Impact Statement
5.5 Household Income
The following table was completed using data from the Census Table S1901, Income in the Past
12 Months (in 2014 Inflation -Adjusted Dollars) 2014 American Community Survey 1 -Year
Estimates for New Hanover County. The highest estimated percentage of income per household
is 16.8% for $50,000 to $74,999. The median income is $49,982 and the mean income is $72,586
for New Hanover County.
Table 5. U.S. Census Bureau, Household Income in the Past 12 Months (2014) - New Hanover County
Subject
New Hanover County,
North Carolina
Households
Estimate Margin of
Error
Total
90,106
+/-2,181
Less than $10,000
7.90%
$10,000 to $14,999
5.80%
—+/-1.6
+/-1.3
$15,000 to $24,999
12.10%
+/-1.9
$25,000 to $34,999
9.40%
+/-1.8
$35,000 to $49,999
14.80%
+/-1.8
$50,000 to 174 999
16.80%
+/-2.0
75 000 to $99,999
10.10%
+/-1.7
$100,000 to $149,999
13.20%
+/-1.9
150 000 to $199,999
3.90%
+/-1.2
$200,000 or more
6.00%
+/-1.2
Median income dollars
49,982
+/-3,451
Mean income dollars
72,586
+/-3 417
Source: U.S. Census Bureau, 2014 American Community Survey
1 -Year Estimates
5.6 Limited English Proficiency (LEP)
According to the 2014 Census Table 816001, Language spoken at home by ability to speak English
for the population 5 years and over, 2010 -2014 American Community Survey 5 -year Estimates,
for New Hanover County, the most estimated language spoken besides English was Spanish or
Spanish Creole. English was spoken at an estimated 92.5% within the county. An estimated
population of 9,993 people spoke Spanish or Spanish Creole at home, which makes up
approximately 5% of the total population of New Hanover County. Of the 5% that speak Spanish
or Spanish Creole, 2.4% speak English "very well" and 2.7% speak English "less than very well."
Other languages that were spoken in New Hanover County between 0.1% and 0.3% were Italian,
Portuguese, Russian, Japanese, Korean, Tagalog, Greek, Gujarati, Vietnamese, other Asian
Languages, French, German, and Chinese, respectively.
Should a LEP Group become verified during the pre -permit issuance process, written translations
of vital documents for each eligible LEP language group that constitutes five percent or includes
1,000 members, whichever is less, of the population of persons eligible to be served or likely to
be affected or encountered. If there are fewer than 50 persons in a language group that reaches
the five percent trigger, then DEQ would not translate vital written materials but provide written
notice in the primary language of the LEP language group of the right to receive competent oral
interpretation of those written materials, free of cost. The safe harbor provisions apply to the
61 Page

Sutton Energy Complex
Environmental Justice Impact Statement
translation of written documents only. Safe harbor guides are per the EPA guidance for LEP
persons.
Table 6. U.S. Census Bureau, Limited English Proficiency - New Hanover county
7IP
New Hanover Countv, North Carolina
Estimate Margin of Error Percent of
Populations
Total:
198,172
+/-91
100.0%
Speak only English
1.8-3-,2-2-8
+/-1,062
92.5%
Spanish or Spanish Creole:
9,993
+/-795
5.0%
Speak English "very well'
4 691
+/-670
2.4%
Speak English less than "very well'
S 302
+/-789
2.7%
French incl. Patois Cajun):
667
+/-223
0.3%
Speak English "very well"
464
+/-150
0.2%
Speak English less than "very well'
203
+/-163
0.1%
Italian:
116
+/-74
0.1%
Speak English "very well'
93
+/-64
0.0%
Speak English less than "very well'
23
+/-37
0.0%
Portuguese or Portuguese Creole:
169
+/-120
0.1%
Speak English "very well'
116
+/-86
0.1%
Speak English less than "very well'
53
+/-62
0.0%
German:
504
+/-197
0.3%
Speak English "very well'
454
+/-195
0.2%
Speak English less than "very well'
S0
+/-42
0.0%
Greek:
320
+/-209
0.2%
Speak English "very well'
288
+/-177
0.1%
Speak English less than "very well'
32
+/-70
0.0%
Russian:
192
+/-131
0.1%
Speak English "very well'
174
+/-118
0.1%
Speak English less than "very well"
18
+/-24
0.0%
Gujarati:
345
+/-296
0.2%
Speak English "verV well'
270
+/-271
0.1%
Speak English less than "very well'
75
+/-71
0.0%
Chinese:
536
+/-251
0.3%
Speak English "very well'
323
+/-169
0.2%
Speak English less than "very well'
213
+/-204
0.1%
Japanese:
171
+/-123
0.1%
Speak English "very well'
144
+/-119
0.1%
Speak English less than "very well'
27
+/-33
0.0%
Korean:
217
+/-122
0.1%
Speak English "very well'
73
+ 2
0.0%
S eak English less than "very well'
144
+/-92
0.1%
Vietnamese:
394
+/-253
0.2%
Speak English "very well'
96
+/-88
0.0%
Speak English less than "very well'
298
+/-231
0.2%
Other Asian languages:
462
+/-359
0.2%
Speak English "very well'
227
+/-192
0.1%
Speak En lish less than "very well'
235
+/-275
0.1%
Tagalog:
187
+ -118
0.1%
Speak English "very well'
128
+/-80
0.1%
Speak English less than "very well'
59
+/-65
0.0%
Source: U.S. Census Bureau 2010-2014 American Community
Survey 5 -Year Estimates.
7IP

Sutton Energy Complex
Environmental Justice Impact Statement
6 Local Setting
The below sections on race and ethnicity, age and sex, disability, poverty, household income, and
LEP population are based on the US Census Tract 115 to display demographics at a local level;
with the exception of disability. Disability could only be based on a county level as the information
available at the US Census could not be reduced to the tract level. Disability information can be
found in Section 3.3. The Census Tract 115 encompasses all of the Sutton Energy Complex and
is approximately eight by five miles in size as shown in Figure 6-1, using the EPA's EJ Screen tool.
A one -mile radius around the proposed coal ash landfill will be discussed in conjunction with the
Census Tract 115 data. A one -mile radius was chosen for the proposed landfill at Sutton Energy
Complex as there would be no transportation of coal ash off the site. The transportation of ash
by rail will cease should the proposed landfill be permitted operate.
5119016
USCREEN
EJSCREEN H.- I
HV. r'.....n.P..ewr..PP..r
Figure 6-1. Map of Census Tract 115 - New Hanover County, NC
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Sutton Energy Complex
Environmental Justice Impact Statement
4X.z16 USGREEN
EJSCREEN „� ,
M9./gx.eeMV' pwko{ipe/ 1R
Figure 6-2 Map of One -Mlle Radius around Proposed Sutton Industrial Landfill
6.1 Local Industrial Sites
Sutton Energy Complex is surrounded by industrial and manufacturing areas to the north, east
and south, within a mile as well as outside a one -mile radius. Some of the larger
industries/companies within the vicinity of the Sutton Energy Complex include:
• Cape Fear Pick N Pull
• Colonial Materials, Inc.
• Kenan Transport CO
• Louisiana Pacific Corporation
• Old Dominion Freight Line
• MHC Kenworth Wilmington
• MCO Transport INC
• Maola Milk & Ice Cream
• Ferrellgas
• Ferguson
• Live Wire Powder Coating
• Southern Industrial Constructors
• Southern Metals Recycliing, Inc
• ST Wooten Corporation
• Vortex Racing Engines
6.2 Local Sensitive Receptors
Sensitive receptors include, but are not limited to, hospitals, schools, daycare facilities, elderly
housing and convalescent facilities. Within US Census Tract 115 as shown in Figure 6-3, there
was one sensitive receptor detected, which was Pine View Church, approximately 1.75 -miles from
the south-eastern extent of the proposed Sutton landfill. No other church, school, or hospital
was detected within the Census Tract 115.
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Sutton Energy Complex
Environmental Justice Impact Statement
USCREEN „. ,
�! N
Figure 6-3. Sensitive Receptors surrounding Sutton Energy Complex
6.3 Race and Ethnicity
According to the 2010 US Census Data QT -P3, Race and Hispanic Origin: 2010; 2010 Census
Summary File 1 report, 4% of the New Hanover County population lives within Census Tract 115,
as shown in Figure 6-1. The highest populations within Census Tract 115's population of 7,990
were White, Black or African American, and Mexican with 69.0%, 23.6%, and 5.1%, respectively.
American Indian or Alaska Native, Some other Race, Two or More Races, and Other Hispanic or
Latino were also found above 1.0% within Census Tract 115 in 2010.
Within one -mile of the Sutton Energy Complex, there was a total residential population of zero.
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Table 7. U.S. Census Bureau, Race and Ethnicity - Census Tract 115 and One -Mile Radius
4.4 Age and Sex
The following table was completed using data from Census Table QT -P1, Age Groups and Sex:
2010'for Census Tract 115, New Hanover County, NC. Of the 4% of the population inhabiting
Census Tract 115, the median age is slightly higher than the median age of the county by 3%,
3.5%, and 2.6% for both sexes, male, and female, respectively.
Within one -mile of the Sutton Energy Complex, there was a total residential population of zero.
Table B U.S. Census Bureau, Age and Sex -- Census Tract 115 and One -Mile Radius
Census Tract 115
One -Mile Radius
Race and Ethnicity
Number
Percent
Number
Percent
Total Population
7,990
100%
0
0%
White
5,514
69.0%
0
0%
Black or African American
1,884
23.6%
0
0%
American Indian or Alaska Native
81
1.0%
0
0%
Asian
35
0.4%
0
0%
Native Hawaiian and Other Pacific
Islander
7
0.1%
0
0%
Some other Race
298
3.7%
0
0%
Two or More Races
168
2.1%
0
0%
7990.0
4 133.0
38570
100%
100%
HISPANIC OR LATINO (of any race)
7,990
100%
0
0%
Mexican
408
5.1%
0
0%
Puerto Rican
47
0.6%
0
0%
Cuban
9
0.1%
0
0%
Other Hispanic or Latino
129
1.6%
0
0%
4.4 Age and Sex
The following table was completed using data from Census Table QT -P1, Age Groups and Sex:
2010'for Census Tract 115, New Hanover County, NC. Of the 4% of the population inhabiting
Census Tract 115, the median age is slightly higher than the median age of the county by 3%,
3.5%, and 2.6% for both sexes, male, and female, respectively.
Within one -mile of the Sutton Energy Complex, there was a total residential population of zero.
Table B U.S. Census Bureau, Age and Sex -- Census Tract 115 and One -Mile Radius
111 Page
Census Tract 115
One -Mile
Radius
Age
BothMale
Female
Male
Female
Both Sexes
sexes493.0
sBexes
Total Population
7990.0
4 133.0
38570
100%
100%
100%
0
Under 5 ears
260.0
233.0
6.2%
6.3%
6%
0
Under 18 years
1676.0
863.0
813.0
21%
20.9%
21.1%
0
18 to 64 years
5,327.0
2,840.0
295.0
66.7%
68.7% 1
64.5%
0
65 years and over
987.0
430.0
557.0
12.4%
10.4% 1
14.4%
0
Median Age
40.3
39.2
41.5
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Sutton Energy Complex
Environmental Justice Impact Statement
4.5 Poverty
The following table was completed using data from Census Table 51701, Poverty Status in the
Past 12 Months in 2014 for the Census Tract 115, New Hanover County, North Carolina. Potential
environmental justice populations would include, but are not limited to, high minority, non-English
speaking, and/or low-income populations. Within Census Tract 115 potential populations are
noted among Hispanic or Latino and age 18 to 64. Considering the Margin of Error of the US
Census Bureau, the higher end of error would potentially include Black or African American and
Two or more races.
The scope of the project is a one -mile radius within Census Tract 115. Of that Tract, there is a
residential population of zero within one -mile of Sutton Energy Complex.
Table 9. U.S. Census Bureau, Poverty Status in the Past 12 Months in 2014 - Census Tract 115 and One -Mile Radius
121 Page
Census Tract 115
f
Total
Below poverty level
percent below poverty
One -Mile
Radius
i
level
j
Margin of
Margin of
Margin of
Estimate
Subject
; Estimate I Error +/-
i Estimate
Error +/-
Estimate
Error
Population for whom
I
I
poverty status is
8,188
i +/-590
1,571
+/-561
19.2%
+/-6.3%
0
determined
^AGE
Under 18
2,146
T-/- 402
862
+/-406
40.2%
+/-14.0%
0—
18 to 64
2,146
+/- 402
862
+/-406
40.2%
+/-14.0%
0
65 years and over
1,075
+/-131
83
+/_59
7.7%
+/- 5.59%
_ 0
SEX
Male
4,050
+/- 333
714
+/-291
17.6%
+/-6.6%
0 I
Female
4,138
+/-408
857
+/-336
20.7%
+/-7.3%
0
RACE AND HISPANIC OR LATINO ORIGIN
White'
j 6,319
+/_591
1,194
+/-519
18.9%
+/-7. S_0/-
0
Black or African
i 1,500
+/-377
310
+/-267
20.7916
+/-15.9%
I 0
American
American Indian and
100
+/- 123
0
+/-17
0.0%
+/- 28.8%
0
Alaska Native
0.0%
Asian
31
+/-46
0
+/-17
0.0%
+/-55.3%
0
Two or more races
238
+/-155
+/-62
28.2%
+/-30.0%
0
Hispanic or Latino
1,021
+/-509
_67
787
+/-487
77.1%
+/-19.6%
0
RACE AND HISPANIC OR LATINO ORIGIN
All individuals below:
50 percent of poverty
level
i 841
+/-403
i
_
0 ---�
0
125 percent of poverty
2,041
+/-579
level
0
150 percent of poverty—
i —2,288
+/-612
level
i
185 percent of poverty
level
200 percent of poverty
I 2,013
I
+/-687
_1
j 0
0
3' 299
+/-731
level
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Sutton Energy Complex
Environmental Justice Impact Statement
4.6 Household Income
The following table was completed using data from Census Table 51901, Income in the Past 12
Months (In 2014 Inflation -Adjusted Dollars) for the Census Tract 115, New Hanover County, North
Carolina. The highest estimated percentage of income per household within the Census Tract 115
is slightly higher than the county average by an estimated 2.1% for $50,000 to $74,999. The
median income for Census Tract 115 is slightly lower than the county by $6,900. The mean
income within the Census Tract 115 is significantly lower than the county by an estimate $14,909.
Table 10. U.S. Census Bureau, Household Income in the Past 12 Months (2014) - Census Tract 315 and One -Mile
Radius
Subject
Census Tract 115 Households
Estimate Margin of Error +/-
One -Mile Radius
Estimate
Total
3,101
+/-172
0
Less than $10,000
6.0
+/-3.4
0
$10,000 to $14,999
5.6
+/-2.7
0
$15,000 to $24,999
15.6
+/-4.6
0
$25,000 to $34,999
11.1
+/-4.1
0
$35,000 to $49,999
15.7
+/-4.8
0
$50,000 to $74,999
18.9
+/-5.2
0
$75,000 to $99,999
11.0
+/-3.6
0
$100,000 to $149,999
12.8
+/-4.9
0
$150,000 to $199,999
0.9
+/-1.2
0
$200,000 or more
2.3
+/-1.9
0
Median income (dollars)
43,082
+/-5,646
0
Mean income (dollars)
57,677
+/-6,050
0
6.7 Limited English Proficiency (LEP)
The following table was completed using data from Census Table 616001, Language Spoken at
Home by Ability to Speak English for the Population 5 years and over, 2014 estimate for the
Census Tract 115, New Hanover County, North Carolina. The Spanish or Spanish Creole
population within Census Tract 115 with a total of 549 people make up 5% of the total estimated
population for New Hanover County. Of the 394 Spanish or Spanish Creole population that speaks
English "less than very well" within Census Tract 115 compared to the county accounts for 7.4%
of the population. Within the Census Tract 115, the percent of the population that speaks English
"less than very well" is estimated at 4.9%. Within the Census Tract 115, the Spanish or Spanish
Creole population is a potential environmental justice and Safe Harbor community.
Within one -mile of the project site, there is zero residential population.
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Sutton Energy Complex
Environmental Justice Impact Statement
Table 11. U.S. Census Bureau, Limited English Proficiency - Census Tract 115 and One -Mile Radius
7 Field Reconnaissance
On May 11, 2016, DEQ staff Sarah Rice, Environmental Senior Specialist and Shannon Aufman,
Engineering Project Manager visited the area of the Sutton Energy Complex to corroborate the
EPA EJScreen data which was populated within one -mile of the proposed landfill. During the visit,
Ms. Rice and Ms. Aufman identified the industrial and manufacturing areas listed in Section 6.1.
Sensitive Receptors were also sought out during the visit. The Pine View Church was identified
outside of the one -mile area; however, it was within an area of potential concern within the
industrial/commercial area. The potential area of concern was located within approximately 1.2
miles from the southeast edge of the proposed landfill to the north-western edge of the
community, as shown in Figure 7-1.
141 Page
Census Tract 115
LANGUAGE SPOKEN AT HOME
Estimate
Mar in of Error Percent of Population
One -Mile Radius
Total (population 5 years and over):
7,961
+/-512
100%
0
Speak only English
7,630
+/-522
95.8%
0
Spanish or Spanish Creole:
549
+/-344
6.9 %
0
Speak English "very well'
155
+ - 111
1.9%
0
Speak English less than "very well'
394
+/-261
4.9 %
2
Portuguese or Portuguese Creole:
21
+/-33 l
0.3%
0
Speak English "very well'
21
+/-33
0.3 %
0
Speak English less than "very well'
0
L17+--
0.0%
0
Chinese:
31
+/-46 I
0.4%
Speak English "very well'
31
+/-46 +
0.4%
-0
0
Speak English less than "very well'
0
+/-17
0.0%
0
7 Field Reconnaissance
On May 11, 2016, DEQ staff Sarah Rice, Environmental Senior Specialist and Shannon Aufman,
Engineering Project Manager visited the area of the Sutton Energy Complex to corroborate the
EPA EJScreen data which was populated within one -mile of the proposed landfill. During the visit,
Ms. Rice and Ms. Aufman identified the industrial and manufacturing areas listed in Section 6.1.
Sensitive Receptors were also sought out during the visit. The Pine View Church was identified
outside of the one -mile area; however, it was within an area of potential concern within the
industrial/commercial area. The potential area of concern was located within approximately 1.2
miles from the southeast edge of the proposed landfill to the north-western edge of the
community, as shown in Figure 7-1.
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Sutton Energy Complex
Environmental Justice Impact Statement
USCREEN
In
Figure 7-1. Potential Environmental Justice Community approximately outside of one -mile
7.1 Demographic Analysis of Potential Area of Concern
According to the EPA USCREEN, which is a summary of 2008-2012 population data, there is a
residential population of 35 civilians within a potential area of concern. With a margin of error
of +/- 1,000, the population by race was reported as singular populations of either White, Black,
American Indian, respectively. Three of the total population are accounted as Total Hispanic.
Most of the civilians are between the age of 18 and 64. Of a total of 32 civilians, five percent are
estimated to speak English "less than very well." The majority of the household income is
between $15,000 and $25,000, which is half of the median income of the county.
7.2 Next Steps
DEQ has determined the next steps .are:
• Contact local government authorities to solicit feedback on the environmental justice
process surrounding Sutton.
• Even though there are no identified communities within the one -mile radius, the
Department had decided to reach out to public officials in neighboring communities
outside the one -mile radius regarding the environmental justice efforts.
• Send additional information to the residents within the potential area of concern with
direct contact information for DEQ employees.
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Environmental Justice Impact Statement
7.2.1 Discussion with Public Officials
On June 1, 2016, DEQ staff, Michael Scott, Division of Waste Management Director, Ms. Rice, Ms.
Aufman, and Ed Mussler, Permitting Branch Supervisor contacted Mr. Euiis Willis, Mayor of the
Town of Navassa, North Carolina. Mayor Willis expressed satisfaction with the 1 -mile assessment
radius. He was supportive of NCDEQ's decision to include the community approximately 1.26
miles from the site and was pleased to hear DEQ assessed a community outside of their
established radius.
On June 3, 2016, DEQ staff, Mr. Scott, Ms. Rice, Ms. Aufman, Mr. Mussler, and Ellen Lorscheider,
Solid Waste Section Chief contacted Bill Saffo, Mayor of the City of Wilmington, North Carolina.
Mayor Saffo was pleased with the work DEQ was doing and to hear we were reaching out to
identified communities. Mayor Saffo suggested reaching out to New Hanover County
Commissioners — Beth Dawson, Chairman and Jonathan Barfield, Jr., Vice -Chairman.
On June 14, 2016, DEQ staff, Mr. Scott, Ms. Rice, Ms. Aufman, Mr. Mussler, and Ms. Lorscheider
contacted New Hanover County Authorities, Beth Dawson, County Chairman, Jonathan Barfield,
County Vice -Chairman, Chris Coudriet, County Manager, Joe Suleyman, Environmental
Management Director, and Wanda Copley, County Attorney. The county authorities were
receptive to the proposed process of ash basin cleanup at the Sutton Energy Complex. The
question about reuse of ash for structural fill purposes as a mitigation measure by the NC
Department of Transportation (NCDOT) was brought up. The reuse of ash by NCDOT is allowable
and is promoted by DEQ for structural fills under roadways and as an ingredient or filler in
concrete mixes. The largest use of ash in roadway construction currently is in concrete and the
ash is not in a readily usable state, when it comes straight out of a basin. The county authorities
were made aware of the conversations DEQ had with the Town of Navassa and the City of
Wilmington. The county asked about the conversation between the Department and the Town of
Navassa due to the history of the Town and Hugo Neu, a company that tried to establish a
recycling center and landfill. The Town of Navassa additionally has Kerr-McGee Chemical Corp, a
National Priority Listed Superfund site within the Town. The county authorities were amenable to
the issuance of informational postcards to the identified community approximately 1.26 miles
from the proposed landfill. New Hanover County will be provided copies of the postcard as well
as this document for their use. DEQ will follow-up with the county within 30-60 days of issuance
of the postcards for discussion of any comments or concerns.
7.2.2 Potential Area of Concern
The mailing of informational postcards should occur during the submittal and review of this
document to the EPA Office of Civil Rights and the U.S. Commission on Civil Rights. The postcard
is to invite the residents identified within the potential Area of Concern to contact DEQ with any
questions or concerns regarding the proposed project.
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Sutton Energy Complex
Environmental Justice Impact Statement
8 Summary of Potential Adverse Environmental and Human Health Effects and Analysis of the
Potential for Disproportionately High and Adverse Effects.
Potential impacts and their mitigation during the construction and operation of the proposed
Sutton landfill are summarized below.
8.1 raffic
The coal ash from the basins will be staying onsite and will be contained within the constructed
Sutton landfill. The potential for traffic is greatly reduced as the coal ash will not have to be
transported off-site. Once the landfill is constructed and the permit to operate is issued, Duke has
agreed to stop transporting coal ash off --site by rail.
8.2 Potential releases of CCRs to the environment
Potential migration pathways for CCRs could be via leaching, migration to groundwater, erosion
and transport to soil and surface water, and wind erosion/dust migration.
8.2.1 Leachate Collection System
The proposed Sutton landfill will be constructed with a leachate collection system as per the
design. The leachate collection system would be designed to meet the performance criteria of
providing less than 1 foot of leachate head on the liner system under normal operating conditions
(Geosyntec, 2015).
8.2.2 Erosion and Sedimentation Control
Erosion and sedimentation control (E&SC) during landfill operations would consist of monitoring
and repairing E&SC stormwater conveyance features and surface erosion.
Erosion control principles could include:
• Disturbing as little area as practical at any one time for landfilling operations.
• Seeding/mulching of disturbed areas commencing as soon as practically possible. Employing
erosion control matting or seeding and mulch on steep slopes and other erosion prone areas.
• Use of earthen berms, hay bales, wattles, silt fences, riprap, or equivalent devices downgradient
of disturbed areas, stockpiles, drainage pipe inlets and outlets, and at intervals along grassed
waterways, until such time as permanent vegetation is established.
■ Placement of riprap at the inlets and outlets of stormwater piping
Surface Erosion Monitoring at a landfill could include:
Adequate erosion control measures could be established to help prevent sediment from leaving
the site. Channels would be observed once every seven days and within 24 hours after any
rainfall event of 0.5 inches or greater.
Slopes will be periodically checked for erosion and vegetative quality, fertilized, and mowed. A
slope or portion thereof shall be identified as needing maintenance if it meets any one of the
following conditions:
• Exposed waste on exterior slopes;
• Areas of cracking, sliding, or sloughing; or
• Areas of seepage.
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Sutton Energy Complex
Environmental Justice Impact Statement
Slopes identified as needing maintenance shall be repaired as soon as practical and as appropriate
to correct deficiencies. Repair activities may include re -dressing the slope, filling in low areas,
and/or seeding.
8.2.3 Dust Control Plan
Duke Energy would institute a Dust Control Plan for the proposed Sutton landfill. The primary
potential sources of dust emissions at the proposed landfill would be at the top deck area and at
the active area of waste placement. These areas are at a higher risk for producing dust due to
vehicular and equipment traffic and earthwork -related construction. Exterior landfill slopes are
less of a dust control concern, as they have intermediate or operational soil covers which are
vegetated as described in the Operations Plan (Geosyntec, 2015).
Dust control methods for the proposed landfill area could include:
• Watering . Temporary coverings • Modifying the active
• Establishing vegetative cover • Calcium chloride working area
• Mulching • Spray applied suppressants • Modifying operations
• Structural controls fencing . Soil stabilizers during dry and windy
• Wind breaks • Operational soil cover conditions
9 Conclusion
Sutton Energy Complex is located in an approximately 3,308 -acre property in New Hanover
County, near Wilmington, North Carolina and is situated between the Cape Fear River to the west
and the Northeast Cape Fear River to the east. The Complex is also located approximately 1.9
miles south of the New Hanover Municipal Solid Waste Landfill (Geosyntec, 2015). This report
examined the demographic and environmental conditions within New Hanover County, as well as
Census Tract 115 and a one -mile radius around the Sutton Energy Complex which will contain
the proposed CCR Sutton Landfill located at 801 Sutton Steam Plant Road, Wilmington, NC,
28401. The coordinates for the proposed facility are: N 34.283933, W -77.985009. Duke Energy
Corporation is proposing to install a coal ash industrial landfill to contain the coal ash from the
adjacent ash basins. In turn, as the ash from the basins are proposed to go into the onsite
landfill, transportation of coal ash from the Sutton Energy Complex will be terminated.
This report examined the demographic and environmental conditions within New Hanover County,
as well as census tract 115 and a one -mile radius to determine any disproportionately high or
adverse environmental and human health effects on low-income or minority populations. No
impacts were identified.
A field reconnaissance identified a community just outside the one -mile radius. This community
was not disproportional to the county as a whole, DEQ will reach out by sending information and
providing staff contacts. DEQ recommends no further action at this time.
181 Page