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Home My WebLink About20160117 Ver 1_Approval Letter_20160223Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY Govemur DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Dlrecuor February 23, 2016 D W R # 16-0117 Catawba County Duke Energy Carolinas Attn: Brad Loveland 526 South Church St., EC13K Charlotte, NC 28202 Subject: Approval of 401 Water Quality Certification with Additional Conditions, Marshall Steam Station Ash Basin Maintenance, Lake Norman Dear Mr. Loveland, You have our approval for the impacts listed below for the purpose described in your application dated February 5, 2016, and received by the Division of Water Resources (Division) on February 8, 2016. These impacts are covered by the Water Quality General Certification Number 3893 (attached) and the additional conditions listed below. This Certification is associated with the use of Nationwide Permit 33 issued by the U.S. Army Corps of Engineers and expires on the same day. Please note that you should obtain any other applicable federal, state or local permits before proceeding with your project, including those required by (but not limited to) the local lake management authority, erosion and sediment control, non -discharge, and water supply watershed regulations. This approval requires you to follow the conditions listed in the enclosed Certification, the General Permit, and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) and 15A NCAC 02B .0243(8)] Type of Impact Amount Approved (sq. ft.) permanent Open Waters 0.03 acre Buffer 0 sq. ft. Shoreline length 0 ft. 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner State of North Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations Mooresville Regional Otfcel 610E t Center Avenue, Suite 3011 Mooresville, NoM Caroline 18115 704 663 16W must be given a copy of this approval letter and Certification and is responsible for complying with all conditions. [15A NCAC 02H .0506 and 15A NCAC 02B.0243(8)] 3. No impact to/in the Catawba Riparian Buffer is allowed unless previous written approval has been issued or the impact is in accordance with the Table of Uses. [15A NCAC 02B .0243] 4. The Division's Mooresville Regional Office (610 East Center Avenue, Suite 301, Mooresville, NC 28115) shall be notified in writing once construction at the approved impact areas has commenced. [15A NCAC 02H .0502 (e)] 5. Any staging, including spoil, stockpile and construction materials, shall occur outside of the buffer. [15A NCAC 02B.0243(4)] 6. Work is to be conducted from land and/or from water by barge. [15A NCAC 02H.0502 and 15A NCAC 02B.0243(8)] 7. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 and Buffer Permitting Unit within ten days of project completion. (available at: http•//portal ncdenr org/web/wa/swp/ws/401/certsandi)ermits/apply/forms) or see attached. [15A NCAC 02H .0507 (c) and 15A NCAC 02B .0243(8)] This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form maybe obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act and the Catawba Riparian Buffer Rules as described in 15A NCAC 02B .0243. Please contact Alan Johnson at 704-663-1699 or alan.iohnson65Dncdenr.gov if you have any questions or concerns. kA W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Enclosures cc: William Elliot, USACE Asheville (email) DWR MRO - file copy DWR 401 & Buffer Permitting Unit — file copy