Coal Ash Enforcement
Rescinded (9/29/2015) policy for compliance evaluation of long term permitted facilities with no prior groundwater monitoring requirements. The 2011 policy memo, written by the Perdue administration provided for penalties for environmental contamination to be assessed under certain circumstances. However, communication between the Perdue administration and Duke Energy discovered during the legal process makes it clear that the intent of the memo was to favor corrective action in lieu of fines.
DENR Letter of Aug. 28, 2014
- DENR Letter of Aug. 28, 2014 in which DENR requests civil action on behalf of the State of North Carolina against Duke Energy for violations of environmental regulations found in the Clean Water Act.
- Attachment A - Asheville Complaint
- Attachment B - Riverbend Complaint
- Attachment C - State ex rel DENR vs. Duke Energy Carolinas, LLC - Injunction Complaint Aug. 16, 2013
- Attachment D - State ex rel DENR vs. Duke Energy Progress, Inc. - Injunction Complaint Aug. 16, 2013
- Attachment E - Press Releases
- Attachment F - July 15, 2013 Introduction for Consent Order Posting on DWQ Website
- Attachment G - Sept. 9, 2013 Summary of Public Comments - Final
- Attachment H - Dec. 20, 2012 Declaratory Ruling by EMC - Final Signed
- Attachment I-1 - 2014 03 21 Letter of Withdrawal for Proposed Consent Order
- Attachment I-2 - 2014-03-21 Duke Energy Inj. Judge Ridgeway Transmittal Ltr. DENR Rec
- Attachment J - March 5 Duke Energy Info Request Mar5 (1)
- Attachment K - Dan River Reopener
- Attachment L - 2014-03-31 - Duke Energy's Answer to DENR's Complaint (Wake Multi)
- Attachment M - Governors Plan
- Attachment N - McCrory EO62
- Attachment O-1 - Aug. 13, 2014 Coal Ash Impoundment Letter EO 62
- Attachment O-2 - Aug. 13, 2014 Duke Coal Ash Excavation Plan EO 62
- Attachment O-3 - Aug. 13, 2014 Modification pursuant to 15A EO 62
- Attachment O-4 - Aug. 13, 2014 NORR Letter EO 62
- Attachment P - Skvarla to EPA
- Attachment Q - EPA to Skvarla Joint
- Attachment R - Dan River NRDAR FINAL Funding Participation Agreement June 9, 2014
Lawsuits
- Mar. 21 recommendation letter to Attorney General's Office re: withdrawal of consent order
- Mar. 21 letter to Judge Ridgeway re: withdrawal of consent order
- Mar. 21 letter to Mecklenburg County Clerk of Court re: withdrawal of consent order
- Mar. 21 letter to Wake County Clerk of Court re: withdrawal of consent order
- Mar. 6 Order on Petition for Judicial Review
- Feb. 20, 2014 letter to Judge Ridgeway - update on consent order request
- Complaints and Motions for Injunctive Relief
Enforcement Information for individual facilities can be found on the Facilities and Permits page here.
Impacts to livestock and irrigation downstream of the spill
- Using projections of water-quality trends based on hundreds of water analyses made during a 40-day period following the release of approximately 39,000 tons of coal ash into the Dan River on Feb. 2, 2014, North Carolina State University soil scientists conclude that the river water is suitable for use as irrigation water on crops and as drinking water for livestock. Researchers caution, however, that flooding, drought conditions or other episodic events in or around the river could change the conditions measurably. The N.C. State University study can be found on the NCSU website.