19970175 Ver 4_More Info Requested_20211014

From:Anderson, Mitchell L
To:[e-mail]
Cc:Boggs, Brandee C CIV USARMY CESAD (USA); [e-mail]
Subject:REQUEST FOR ADDITIONAL INFORMATION – DWR 19970175v4, Duke Energy Carolinas, Cliffside Unit
Switchyard – Rutherford County
Date:Thursday, October 14, 2021 11:09:00 AM
Attachments:image001.png
SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED

Dear Ms. Glenn:

On August 30, 2021, the Division of Water Resources (Division) received your application requesting
a 401 Water Quality Certification from the Division for the subject project. The Division has
determined that your application is incomplete and cannot be processed. The application is on-hold
until all of the following information is received:

1. Plans provided with the prefiling meeting request submitted on April 26, 2021 are different
than plans submitted with the PCN received by the Division on August 30, 2021. The prefiling
meeting request contains an 11 page plan set titled “Cliffside Unit 5 Switchyard” dated March
26, 2021. Plans submitted with the PCN contain a 2 page plan set titled “Cliffside Unit 5
Switchyard” dated June 16, 2021. Significant details are included with the prefiling meeting
request plan set that are not included in the PCN submitted plan set. Are the plans provided
with the prefiling meeting request to be incorporated in the review? If not, please submit a
complete plan set to be included with your application. [15A NCAC 02H .0502(a)(9)]

2. General Condition details within page C-02 of the “Cliffside Unit 5” plan set dated March 26,
2021 states the total disturbed area for this project is approximately 28.64 acres. Whereas
page C-01 states the total disturbed area is 0.4 acres. Neither measurement was observed in
plans submitted with the PCN received on August 30, 2021. What is the proposed disturbed
area of this project? [15A NCAC 02H .0502(a)(9)]

3. Page C-01 of the “Cliffside Unit 5” plan set dated March 26, 2021 states the existing
impervious area is 8.41 acres. Will there be any additional built upon areas or increases to
impervious surfaces? [15A NCAC 02H .0506(b)(3)]

4. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Please provide a construction sequence that details
the method of dewatering to be utilized at the site and the sequence of construction events
to be followed to ensure compliance with this condition. In addition, please ensure that the
location of the temporary impacts are shown on the construction drawings and clearly
indicated in the revised impact table. [15A NCAC 02H .0506(b)(3)]

5. The impact table within the PCN submitted on August 30, 2021 as well as page F-2 within the
plans dated June 16, 2021 indicate 42 LF of permanent impacts as measured within the
existing stream channel that will be impacted by riprap. Permanent impacts must also include
the loss of streambed below the original culvert outlet. In addition, please ensure that the
location of the impacts are shown on the construction drawings and clearly indicated in the
revised impact table. [15A NCAC 02H .0502(c) and .0506(b)(3)]

6. A signature is missing on page 10 of the submitted application. Please provide a signature by
the applicant for the federal permit or license or an agent authorized by the applicant. If an
agent is signing for the applicant, an agent authorization letter must be provided. In signing
the application, the applicant certifies that all information contained therein or in support
thereof is true and correct to the best of their knowledge. [15A NCAC 02H .0502(A)(11)]

Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested
information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-
1617 OR by submitting all of the above requested information through this link:
https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on the
link is referenced above).

If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of
this project will necessitate reapplication to the Division for approval, including a complete
application package and the appropriate fee.

Please be aware that you have no authorization under the Section 401 of the Clean Water Act for
this activity and any work done within waters of the state may be a violation of North Carolina
General Statutes and Administrative Code.

Please contact Mitchell Anderson at 828.296.4662 or [e-mail] if you have any
questions or concerns.

Thank you,

Mitchell Anderson
Environmental Specialist – Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ – Division of Water Resources
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778

828-296-4662 office
[e-mail]

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties

Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental
Quality has adjusted operations to protect the health and safety of the staff and public. Many employees
are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQ office
locations are limiting public access to appointments only. Please check with the appropriate staff before
visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your
patience as we continue to serve the public during this challenging time.

DWR # 1997-0175 V4
Rutherford County