20110266 Ver 1_Approval Letter_20110408

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 8, 2011
Alamance/Orange Counties
NCDWQ Project No. 2011-0266
Mebane Line Repair-Duke Energy
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Thomas Leath
Duke Energy
1205 North Church St
Burlington, NC 27315
Dear Mr. Leath:
Dee Freeman
Secretary
You have our approval, in accordance with the conditions listed below, for the following impacts for the
purpose of power line access associated with the Mebane Line in Alamance and Orange Counties:
gtrPAm Tmnarte in tha rang Tiaar TJ-p • R....

Site
Permanent Fill
Temporary Fill in
Permanent Fill in
Temporary Fill 1 L
Total Stream QJIL
Stream
in Intermittent Intermittent Perennial Stream in Perennial Impact Impacts
Stream (linear Stream (linear ft) (linear ft) Stream (linear ft) (linear ft) Requiring
ft) Mitigation
linear ft
1 10 10 0
2 60 60 0
70 70 0
Total
i otai stream impact for Project: 70 linear feet.
Wetland Tmnarte iin tha Cana Ti- ID..,-- 1D-..
Site Fill Fill (temporary) Excavation Total Wetland
ac ac ac Impact ac
W1 0.12
0.12
0.12 0.12
Total
Total Wetland Impact for Project: 0.12 acres.
The project shall be constructed in accordance with your application dated received by the March 23,
2011 with additional information dated received in the Winston Salem Regional office on April 5, 2011.
After reviewing your application, we have decided that these impacts are covered by General Water
Quality Certification Number 3819. This certification corresponds to the Nationwide Permit 12 issued by
the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before
you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service1-877.623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying
404 permit.
This approval is valid solely for the purpose and design described in your application (unless modified
below), which is solely for access to the power line. Should your project or use change, you must notify
the NCDWQ and submit a new application. If the property is sold, the new owner must be given a copy
of this Certification and approval letter, and is thereby responsible for complying with all the conditions.
If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams
(now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in
15A NCAC 211.0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification(s) and any additional conditions listed below.
Additional Condition(s) of Certification:
1. The perched pipe at site 1 shall be placed below the elevation of the streambed by one foot for all
culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts
having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design
and placement of culverts and other structures including temporary erosion control measures shall
not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks,
adjacent to or upstream and down stream of the above structures. The applicant is required to
provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If
this condition is unable to be met due to bedrock or other limiting features encountered during
construction, please contact NCDWQ for guidance on how to proceed and to determine whether or
not a permit modification will be required.
2. The log sill installed at the inlet of site 1 shall be visually monitored for stability for one year or two
bank full events, whichever is longer.
3. For the 0.12 acres of wetland impact, the site shall be graded to its preconstruction contours and
revegetated with appropriate native species.
4. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed
for stream stabilization shall be placed in stream channels in such a manner that it does not
impede aquatic life passage.
5. The Permittee shall report any violations of this certification to the Division of Water Quality
within 24 hours of discovery.
If you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative hearings.
You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of
this notice. A petition is considered filed when it is received in the office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
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 contact Amy Euliss at [phone].
Sincerely,

Coleen H. Sullins
Director
Cc: Brooks Cole, Quartermaster Environmental, PO Drawer 400, 107 Cherryville Road, Shelby, NC
28150
Bill Wilson, Sr., 719 Hermitage Road, Burlington, NC 27215
Ian McMillan, Wetlands, 401 Permitting Unit
File Copy
NCDWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Transportation Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. This form may be returned to NCDWQ by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,
the approved plans and specifications, and other supporting materials.
Signature:
Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to
be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,
the approved plans and specifications, and other supporting materials.
Signature:
Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature
Registration No.
Date