20100150 Ver 1_Approval Letter_20100302

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NCDENR
Beverly Eaves Perdue
Governor
Mr. Scott Dial, Site Mgr.
Southern Power Company
5755 NC 801
Salisbury, NC 28147
Subject: Cleveland County Power Generation Facility
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Dial:
March 2, 2010
DWQ# 10-0150
Cleveland County
You have our approval, in accordance with the general certification and those conditions listed below,
to impact 578 linear feet (If) (548 If permanent impact) of unnamed stream in order to construct the referenced
facility in Cleveland County, as described in your application received by the Division of Water Quality (DWQ)
on February 24, 2010. After reviewing your application, we have determined that this project is covered by
Water Quality General Certification Number 3699, which can be viewed on our web site at
http://portal.ncdnr.org/web/wq/ws. The General Certification allows you to use Nationwide Permit Number 12
once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by (but not limited
to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced.
2. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be
maintained (or restored via constructed benches) immediately above and below locations of the culvert. If
the culvert(s) become perched, the appropriate stream grade shall be re-established or, if the pipes installed
in a perched manner, the pipes shall be removed and re-installed correctly.
Mooresville Regional Office
Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Phone: [phone]\Fax: [phone]\ Customer Service: 1-877-623-6748
Internet: http://portal.ncdenr.org/web/wq
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
North Carolina
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An Equal Opportunity/Affirmative Action Emplover - 50% Recvcled/10% Post Consumer Paper
3. Culverts shall be buried at least 20% of the diameter of the pipe or 1 foot into the stream bed, whichever is
less, to ensure aquatic passage. The culverts shall be installed "in the dry". Immediately upon completion of
the installation, water flow shall be returned to its natural course.
4. The outfalls for the storm water discharge structures at the site shall not be located within 40 ft of the top of
bank of a stream. The outfall shall be constructed in a manner such that the potential receiving stream (of
the discharge) will not be impacted due to sediment accumulations, scouring or erosion.
5. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and
protective buffers in order to assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put in place within 90 days of issuance of this certification. A sample deed notification
can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of
the sample deed notification may be modified as appropriate to suit to this project. A copy shall be provided
to the Division of Water Quality.
6. Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you
wish to make a payment to the restoration fund administered by the NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to
meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR -
Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur.
The EEP should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 days from the date of this approval to make this payment. For accounting
purposes, this Authorization Certificate authorizes payment into the restoration fund to meet the following
compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 548 (feet) Broad - 03050105
Wetlands acres
Waters (acres)
7. Use of native vegetation and other soft stream bank stabilization techniques must be used where practicable
instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the
streambed, unless approved by the DWQ.
8. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval from
DWQ. If approved, they shall be removed and the natural grade restored within two months of the date of
the close out/stabilization of the given drainage area.
9. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401 /Wetlands Unit of the NC Division of Water Quality.
10. Continuing Compliance. The applicant (Southern Power Company, Scott Dial) shall conduct all activities in a
manner so as not to contravene any state water quality standard (including any requirements for compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law.
If DWQ determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that state or federal law is being violated, or that further conditions are
necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC
2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public,
hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the
applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any
permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 1506 of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-
1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
for Coleen H. Sullins
Attachments
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
MRO, Land Quality
Stephen Cibik, AECOM, 8540 Colonnade Center Dr. Ste. 306, Raleigh NC 27615