Documentation of Compliance with CAMA Excavation Sutton 1971

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
NCHAEL S. REGAN
Secretary
July 14, 2020
Paul Draovitch
Senior Vice President
Environmental, Health, & Safety
Duke Energy
526 South Church Street
Mail Code EC3XP
Charlotte, North Carolina 28202
Subject: Documentation of Compliance with the Coal Ash Management Act of 2014,
Session Law 2014-122, Section 3.(b), 3.(c)(1) and 3.(c)(2) Coal Ash
Impoundment Excavation and Closure, 1971 Ash Basin L.V. Sutton Energy
Complex
Dear Mr. Draovitch:
The North Carolina Department of Environmental Quality (DEQ) has reviewed submittals made
by Duke Energy concerning the coal ash impoundment excavation of the L.V. Sutton Energy
Complex (Sutton) 1971 Ash Basin in New Hanover County, North Carolina.
Per Section 3.(b) of the Coal Ash Management Act of 2014, Session Law 2014-122 (CAMA),
Sutton was deemed high -priority and was required to close no later than August 1, 2019, and in
conformance with Section 3.(c) of CAMA. Section 3.(c)(1) directs, "Impoundments located in
whole above the seasonal high groundwater table shall be dewatered. Impoundments located in
whole or in part beneath the seasonal high groundwater table shall be dewatered to the maximum
extent practicable." Section 3.(c)(2) states, in part, "All coal combustion residuals shall be removed
from the impoundments and transferred for (i) disposal in a coal combustion residuals landfill,
industrial landfill, or municipal solid waste landfill or (ii) use in a structural fill or other beneficial
use as allowed by law..."
Direction concerning information needed to demonstrate compliance with Part II Sections 3.(b)
and 3.(c) of CAMA closure requirements for Sutton and the other high -priority sites was submitted
by DEQ to Duke Energy in a letter dated January 22, 2019. The items listed below were submitted
by Duke Energy to DEQ to document compliance with the requirements of referenced CAMA
Sections:
rY.a r-i�Uowy
North Carolina Department of Environmental Quality
217 West Jones Street 1 1601 Mail Service Center I Raleigh. North Carolina 27699-1601
919.707.8600

• Excavation Soil Sampling Plan, L. V. Sutton Energy Complex, 1971 Ash Basin System, for
Ash Basin Excavation, North Carolina Ash Basin Closure — Revision 1. Submitted to DEQ
on December 2017.
• L. V. Sutton Energy Complex 1971 Basin Closure Investigation Report, October 2017.
Submitted to DEQ on January 10, 2018.
• L. V Sutton Energy Complex-1971 Ash Basin Documentation for Closure. Submitted to
DEQ on January 10, 2018.
• L. V Sutton Energy Complex-1971 Ash Basin Documentation for Closure. Submitted to
DEQ on January 10, 2018.
• Memorandum Subsurface Conditions at the Bottom of the 1971 Ash Basin, L. V. Sutton
Energy Complex, Wilmington, North Carolina. Submitted to DEQ on January 9, 2019.
• L. V Sutton Energy Complex-1971 Ash Basin Documentation for Closure. Submitted to
DEQ on January 10, 2019.
• Sutton Plant, New Hanover County, Notification of Completion of Part II, section 3. (b)(4)
of the Coal Ash Management Act of 2014 (Session Law 2014-122) CAMA. Submitted to
DEQ on June 25, 2019.
• L.V. Sutton Energy Complex 1971 Ash Basin Documentation of Excavation to Pre -
Determined Depths. Submitted to DEQ August 28, 2019.
• 1971 Basin Closure Certification, L. V. Sutton Energy Complex, Wilmington, North
Carolina Closure Certification Report dated August 20, 2019. Submitted to DEQ on
August 28, 2019.
• Email from John Toepfer of Duke Energy to Steven Lanter of DEQ on September 18, 2019
— clarification of date excavation and dredging was completed for the 1971 Ash Basin and
the 1984 Ash Basin.
• 1971 Ash Basin Closure Soil Sampling Metals Analysis. L. V. Sutton Energy Complex.
Submitted to DEQ on November 13, 2019.
• Emails from John Toepfer of Duke Energy to Steven Lanter of DEQ, Sutton Ash Basins -
Quantities of Ash Removed— clarification of ash volume and destination for coal
combustion residuals (CCR) removed from the 1971 Ash Basin and the 1984 Ash Basin.
Dated on November 8, 11, and 22, 2019, respectively.
Based on correspondence received by DEQ from Duke Energy, the dewatering and excavation
of the 1971 Ash Basin was completed May 24, 2019. Field verification of coal ash removal
met the objectives of sample collection and analysis consistent with the recommended
technical direction outlined in DEQ's Coal CCR Surface Impoundment Closure Guidelines for
Protection of Groundwater. The final field excavation totals of the coal combustion residuals
transported from the facility for ultimate handling and the amounts, in tons, sent to each
permitted facility are documented as follows:
• Duke Energy — L. V. Sutton Energy Complex Landfill, New Hanover County, NC: Permit
Number 6512-INDUS-2016 (2,345,710 tons)
D, E
North Carolina Department of Environmental Quality
217 West Jones Street 1 1601 Mail Service Center 1 Raleigh, North Carolina 27699-1601
919.707.8600

• Brickhaven Structural Fill, Chatham Co. NC: Permit Number 1910-STRUC-2015 (898,290
tons).
Based on the documentation provided above, DEQ hereby concurs that Duke Energy has complied
with Sections 3(b) and 3(c) of CAMA with the exception of 3.(c)(3), which is still in progress.
Section 3(c)(3) states, "If restoration of groundwater quality is degraded as a result of the
impoundment, corrective action to restore groundwater quality shall be implemented by the
owner or operator as provided in G.S. 130A-309.20[9j."
Duke Energy is expected to comply with other closure requirements concerning groundwater
corrective action for Sutton as required by CAMA and in conformance with 15A NCAC 02L Rules,
including development of Corrective Action Plans and continued monitoring. The Corrective
Action Plan Update for the L.V. Sutton Energy Complex is due August 3, 2020.
If you have any questions, please contact Steve Lanter (Central Office) at [phone].
Sincerely,
iiz-c;k;Bolich, L.G., Chief
Ground Water Resources Section
Division of Water Resources
Sincerely, Digitally signed by
Edward F. Mussler III,
P.E.
Date: 2020.07.14
Edward F. Musslerlff*Fg1 '&ief
Solid Waste Section
Division of Waste Management
cc: WIRO WQROS Regional Office Supervisor (Electronic)
GWRS Central File Copy
Sheila Holman — DEQ (electronic copy)
George Eller — DEMLR (electronic copy)
North Carolina Department of Environmental Quality
217 West Jones Street 1 1601 Mail Service Center I Raleigh, North Carolina 27699-1601
919.707.8600