Sutton Lake, long maintained as a public fishery by the N.C. Wildlife Resources Commission and a wastewater treatment facility for Duke Energy’s nearby Sutton Plant, was reclassified as a water of the state on Nov. 7.
The lake was created in 1972 as a cooling pond for hot water generated by the power plant by damming Catfish Creek, a tributary of the Cape Fear River. A boat ramp and fishing dock provide recreational access to the lake.
N.C. Department of Environment and Natural Resources spokesperson Jamie Kritzer said reclassification resulted from a comprehensive review of all coal-fired facilities conducted by DENR and the EPA following the Dan River spill in February.
“It’s a soup to nuts kind of review of all water quality issues that could be happening there and the extent of contamination at different facilities throughout the state,” Kritzer said.
DENR considered reclassification of the lake in the past, Kritzer said, due to its status as a public recreational lake and its proximity to the Cape Fear River.
Frank Holleman, Southern Environmental Law Center senior attorney, attributed the lake’s change in status to sustained efforts by the law center, including a Clean Water Act lawsuit filed in September 2013 on behalf of Cape Fear River Watch, the Sierra Club and the Waterkeeper Alliance. A June 2014 ruling on the case by U.S. District Judge Louise W. Flanagan confirmed the groups’ assertion that Sutton Lake is a water of the United States.
Holleman also referred to a letter he sent to DENR Dam Safety Engineer Steven McEvoy Oct. 2, requesting the dams containing coal ash wastewater at Sutton be reclassified as high hazard for threats posed to Sutton Lake.
“This is the culmination of over a year of hard work, trying to convince DENR to take the right action and protect the public and this lake,” Holleman said.
Duke has 60 days to modify its- -wastewater treatment permit to reflect the change. As a result of the lake’s reclassification, the dams at the Sutton Plant will also be reclassified as high hazard, warranting annual inspections by state officials.
Dams at the plant’s two coal ash ponds were previously considered low hazard. One was inspected every five years; the other was exempt from inspections in 2011 due to an amendment to state dam safety laws.
While Holleman sees reclassification as a victory, he said the groups’ work to protect clean water supplies near the Sutton Plant is not finished. He pointed out continuing pollution of groundwater and surface water from the plant’s two coal ash ponds, which he said will only be adequately addressed when ash is excavated and stored properly.
“The single most important thing to do is remove the coal ash from those lagoons,” Holleman said.
Sutton is one of four Duke Energy facilities deemed high-enough priority to merit excavation of coal ash stored on-site in unlined pits into dry, lined storage in the Coal Ash Management Act of 2013. Cleanup strategies implemented at Duke’s other 10 sites will be dictated by DENR, based in part on the same review that spurred the reclassification of Sutton Lake.
“We have to determine where contamination presents the greatest threat to public health and the environment, and use our review to inform the prioritization of cleanup of these coal-ash facilities,” Kritzer said.
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