6512_Duke_Sutton_FinalFactSheet_DIN25944_20160922

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
MICHAEL SCOTT
Director

State of North Carolina | Environmental Quality | Waste Management
1646 Mail Service Center | 217 West Jones Street | Raleigh, NC 27699-1646
919 707 8200 T
FACT SHEET, FINAL
SOLID WASTE PERMIT NUMBER 6512-INDUS-2016

FACILITY: Duke Energy, L.V. Sutton Energy Complex, Industrial Landfill
COUNTY: New Hanover
CITY: Wilmington, North Carolina
DIN #: 25944
OWNER &
OPERATOR: Duke Energy Progress, LLC

DESCRIPTION
Duke Energy Progress, LLC owns and operates the L.V. Sutton Energy Complex (Facility), an
electrical power generating facility, located (911 address) at 801 Sutton Steam Plant Road in
Wilmington, North Carolina. The facility includes a total area of approximately 2,245 acres.
Industrial landfill Permit Number 6512-INDUS-2016 is a new landfill permit that once
completed will receive industrial solid waste from Duke Energy’s L.V. Sutton Energy Complex,
including: coal combustion residuals (CCRs) including fly and bottom ash, pyrites and coal mill
rejects, and boiler slag; waste water treatment sludge (WWTS); petroleum-contaminated site
soils; plant decommissioning-related materials including construction and demolition (C&D)
waste and land clearing and inert debris (LCID); vacuum truck waste. The industrial landfill
covers approximately 101 acres and will be permitted to include three (3) phases made up of 11
cells with a total disposal capacity of approximately 11.9 million cubic yards.
Duke Energy submitted a new permit application on August 7, 2015. The application requested
a permit to construct and a permit to operate for Phases 1 through 3. As each cell is completed, it
will be approved by the Solid Waste Section. The Division of Waste Management (Division) has
determined that the application satisfies the requirements of North Carolina General Statute
(NCGS) 130A-309 Coal Ash Management Act of 2014 and North Carolina Administrative Code
15A NCAC 13B .0503 through .0505. A draft permit was prepared for public review.

PERMIT STRUCTURE
The permit is divided into two parts: the Permit to Construct and the Permit to Operate. The
permit includes a list of approved documents and specific conditions for the construction,
operation, and monitoring of the landfill. The Permit to Operate will be issued for a ten (10) year
period of operation. Specific conditions are included for the implementation, operation, and
post-closure care associated with an industrial solid waste landfill.

Fact Sheet, Final
Duke Energy, L.V. Sutton Energy Complex
Permit No. 6512-INDUS-2016
DIN 25944

Page 2

PUBLIC COMMENT PERIOD
In accordance with requirements made by NCGS 130A-309.203 Coal Ash Management Act of
2014, permit documents containing the applicable design and operating conditions were made
available to the public for review and input into the final permit determination. The 60-day
comment period began on February 11, 2016 and ended on April 15, 2016, at 5:00 pm. Persons
who wished to comment on the draft permit or to object to the permit issuance were required to
submit their comments in writing by 5:00 p.m., April 15, 2016. Comments were sent to the
Division and included the permit number. Any comments received within the 60-day period
were considered while making the final permit determination.

The application and draft permit were available for review by appointment between 9:00 a.m.
and 4:00 p.m., Monday through Friday, at the Department of Environment Quality (DEQ), 217
West Jones Street, Raleigh, NC 27603. The administrative record including the application, fact
sheet, and draft permit were made available online at
http://edocs.deq.nc.gov/WasteManagement/Search.aspx?cr=1.

PUBLIC HEARING
A public hearing was held on March 15, 2016 at 6:00 pm at the Cape Fear Community College’s
Union Station Auditorium, 502 North Front Street, Wilmington, N.C. Interested parties were
encouraged to submit oral or written statements and/or data concerning the proposed facility
permit. Persons wishing to speak registered at the hearing. Speaking times were allotted per
speaker as time allowed. Also, interested parties were encouraged to submit written statements
and data concerning the proposed changes to the facility permit to the Division.

ENVIRONMENTAL JUSTICE PROCESS
In April 2016, an Environmental Justice Assessment was requested by DEQ to determine the
impact of the of the proposed landfill on minority and low income communities near the site.
From April 2016 to June 2016, the Department developed and completed the assessment process,
including review of demographic and census data in the area surrounding the proposed landfill.
In June 2016, a document detailing the assessment process was created and submitted to the
Environmental Protection Agency (EPA) for review and comment. In July 2016, the Department
mailed post cards to an identified community providing information and requesting input
regarding landfill construction. In September 2016, DEQ received a letter from EPA in response
to the Department submittal with no comments or requests. Any comments received from the
public were considered in making the final permit determination.
The Environmental Justice Assessment documents are available online at
http://edocs.deq.nc.gov/WasteManagement/Search.aspx?cr=1.

RESPONSE TO COMMENTS
The division received no written or verbal comments regarding the application or the proposed
facility permit.

Fact Sheet, Final
Duke Energy, L.V. Sutton Energy Complex
Permit No. 6512-INDUS-2016
DIN 25944

Page 3

NOTIFICATION OF FINAL PERMIT ACTION
On September 21, 2016, the Division of Waste Management issued Solid Waste Permit No.
6512-INDUS-2016, Permit to Construct and Permit to Operate (DIN 25226) for the Duke
Energy, L.V. Sutton Energy Complex, Industrial Landfill. The Division determined the
application did not meet any of the reasons for denial found in the Solid Waste Management
Statutes [NCGS 130A-294(h)]. In addition, the proposed operations plan and documentation of
the public hearing satisfied the requirements of North Carolina General Statute (NCGS) 130A-
309.203 Coal Ash Management Act of 2014.