HomeMy WebLinkAboutDocumentation of Compliance with CAMA Excavation Sutton 1984ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL 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, L. V. Sutton Energy Complex —1984 Ash Basin
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 1984 Ash Basin at the L. V. Sutton Energy
Complex in New Hanover County.
Per Section 3.(b) of the Coal Ash Management Act of 2014, Session Law 2014-122 (CAMA), the L. V.
Sutton Energy Complex 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 the L. V. Sutton Energy Complex 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:
• Excavation Soil Sampling Plan, L. V. Sutton Energy Complex, 1984 Ash Basin, for Ash Basin
Excavation, North Carolina Ash Basin Closure — Revision 2. Submitted on December 11, 2018.
• 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 on June 25, 2019.
• Ash Basin Dam Soil Sampling Work Plan — L V. Sutton Energy Complex. Submitted on August 14,
2019.
a E14
North Carolina Department of Environmental Quality
217 West Jones Street 1 1601 Mail Service Center I Raleigh, North Carolina 27699-1601
919.707S600
• L. V. Sutton Energy Complex, 1984 Ash Basin Documentation for Closure — Visual Removal of
Ash. Submitted on August 27, 2019.
• 1984 Basin Dike Analytical Sampling Results. Submitted on September 17, 2019.
• 1984 Ash Basin Closure Soil Sampling Metals Analysis, L. V. Sutton Energy Complex. Submitted
on November 14, 2019.
• Email from John Toepfer to Steve Lanter and Eric Smith, Sutton Ash Basins - Quantities of Ash
Removed. Dated November 8, 11, and 12, 2019, respectively.
Based on correspondence received by DEQ from Duke Energy, the dewatering and excavation of the 1984
Ash Basin was completed June 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
Combustion Residuals (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:
Brickhaven Structural Fill, Chatham Co. NC: Permit Number 1910-STRUC-2015 (1,118,104 tons)
Duke Energy — L. V. Sutton Energy Complex Landfill, New Hanover County, NC: Permit Number
6512-INDUS-2016, (2,427,243 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[9]."
Duke Energy is expected to comply with other closure requirements concerning groundwater corrective
action for the L. V. Sutton Energy Complex 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 (919) 707-3667.
Sincerely, Sincerely,
Digitally signed by
Edward F. Mussler III,
4 P.E.
Date: 2020.07.14
4ckBolich, L.G. Edward F. Mussler Ilf;13:J!. 04'00'
Chief, Ground Water Resources Section Chief, Solid Waste Section
Division of Water Resources Division of Waste Management
cc: WIRO WQROS Regional Offices (electronic copy)
GWRS Central File Copy
Sheila Holman — DEQ (electronic copy)
George Eller — DEMLR (electronic copy)
D_E
North Carolina Department of Environmental Quality
217 West Jones Street 11601 Mail Service Center I Raleigh, North Carolina 27699-1601
919.707.8600