Event Description

Public notice of consideration to issue a State Consent Order to the following:

Duke Energy Progress, LLC (526 S. Church Street; Charlotte, N.C. 28202) has requested Special Order by Consent WQ S19-001 for its Cape Fear Plant to address issues related to seeps that emanate from the coal ash basins at that location and potentially flow to adjacent surface waters.

Compliance with this Order requires Duke Energy to accelerate initiation of activities associated with closure of the ash basins through beneficiation at the facility noted above as a means of eliminating seeps that originate in those basins. During the time that the Order is effective, interim action levels will be established in small bodies of water receiving flow from seeps. Seeps not eliminated as a result of site closure activities shall be addressed through further corrective action and remediation measures.  As drafted, this Order will expire no later than August 31, 2023.

The N.C. Environmental Management Commission proposes to issue the Order per Article 21 of Chapter 143, N.C. General Statutes, and other regulations effective January 24, 2020.  All comments on the draft Order received no later than January 9, 2020 will be considered in the final determination.

Additional information and a copy of the draft Consent Order can be found on the N.C. Department of Environmental Quality’s website at

Written comments on the draft Consent Order may be sent to the attention of Mr. Bob Sledge, N.C. Division of Water Resources, 1617 Mail Service Center, Raleigh, N.C. 27699-1617. Comments may also be submitted by email to: Please include the term “Cape Fear SOC” in the email’s subject line.

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