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A February 2014 spill of 39,000 tons of coal ash turned the Dan River the color of cement. The spill prompted a public outcry, investigations and — occurring in Eden, the hometown of N.C. Senate leader Phil Berger — legislators' scrutiny. Within weeks, a federal grand jury in Raleigh began probing a "suspected felony" involving Duke's coal ash handling. Wide- ranging subpoenas to Duke, 18 current or former state environmental regulators and the utilities commission demanded inspection records, correspondence and enforcement documents regarding the 108 million tons of ash stored at power plants scattered across the state. Advocates accused Duke and the administration of Gov. Pat McCrory, a former Duke Energy employee, of working together to avoid harsh punishment for the company. Groundwater contamination apparently from coal ash has been found at each of Duke Energy's 14 North Carolina coal -fired plants. Duke has reported leaks that drain more than 3 million gallons a day. The federal charges and settlement sting a fast - growing company that until Feb. 2, 2014, had largely avoided public embarrassment in recent decades. The Dan River spill happened months before the Environmental Protection Agency issued the first national standards on coal ash. And while it was the third - largest spill of the past decade, Duke's was the only one of the three to result in criminal charges. The difference? An apparent determination by federal prosecutors that Duke willfully broke the law. Dam inspectors repeatedly warned Duke to stay alert for signs of leakage into the 48 -inch stormwater pipe that broke under an ash pond at the retired Dan River power plant in Eden, records show. Only after the pipe broke did Duke learn that it was made of metal, not the much stronger concrete that the utility had assumed. The North Carolina Department of Environment and Natural Resources says the federal settlement won't affect state lawsuits over Duke's ash ponds — filed under pressure from advocacy groups — or investigation of groundwater contamination. DENR cited Duke for eight violations at seven power plants after the spill but has levied no fines. In March, DENR cited Duke for violations after the company pumped 61 million gallons of water from ash ponds into a tributary of the Cape Fear River. About a dozen environmental groups have been allowed to join the state's four lawsuits, giving them a say in any settlements regarding 12 of the 14 power plants. The groups have also filed federal lawsuits against several Duke power plants, all still before the courts. A $100 million settlement would be second largest under the landmark 1972 Clean Water act if it were solely a fine. Instead, the settlement is expected to include money for community- service and mitigation projects.