Public Comment Period Opens: Draft Consent Order for Duke Energy's Allen, Marshall and Rogers Facilities



Public notice of consideration to issue a State Consent Order to the following:
Duke Energy Carolinas, LLC (526 S. Church Street; Charlotte, NC 28202) has requested Special Order by Consent WQ S17-009 for its Allen Steam Station, Marshall Steam Station and Rogers Energy Complex (Cliffside Steam Station) to address issues related to non-engineered seeps that emanate from the coal ash basins at those locations and potentially flow to adjacent surface waters.

Compliance with this Order requires Duke Energy to accelerate completion of activities associated with decanting coal ash wastewater from the ash basins at the facilities noted above as a means of eliminating seeps that originate in those basins.  During the time 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 decanting shall be addressed through further corrective action and remediation measures.  As drafted, this Order will expire no later than June 30, 2022.

The Environmental Management Commission will consider the issuance of the Order during its March 8, 2018 meeting in Raleigh, North Carolina.  A meeting shall be conducted to solicit public comment regarding the draft Order at the James W. Warren Citizens Center (115 West Main St., Lincolnton, North Carolina), at 6:00 p.m. on Tuesday, February 13, 2018.  All comments on the draft Order received no later than February 14, 2018 will be considered in the final determination.

A copy of the draft Consent Order is available for download below. Requests for additional information may be made by contacting Mr. Jamie Kritzer at 919-707-8602, or by email at:

Written comments on the draft Order may be sent to the attention of Mr. Bob Sledge, N.C. Division of Water Resources, 1617 Mail Service Center, Raleigh North Carolina 27699-1617.  Comments may also be submitted electronically to the following email address:  Please include the term “Duke SOC” in the subject line.