20090586 Ver 1_Approval Letter_20090603

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 3, 2009
DWQ# 09-0586
Guilford County
Mr. Scott McDowell
AECOM
1315 Franklin Rd
Roanoke, VA 24011
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. McDowell:
You have our approval, in accordance with the attached conditions, to impact 0.71 acres of wetlands in order expand
and improve an existing inline stormwater pond for emergency secondary containment purposes at the Duke Energy
Fairfax Yard Facility in Greensboro, NC in Guilford County, as described in your application received by the Division
of Water Quality (Division) on May 22, 2009. After reviewing your application, we have determined that this fill is
covered by General Water Quality Certification Number 3687, which can be viewed on our web site at
http://www.ncwaterqualit?org/wetlands.html. This Certification allows you to use Nationwide Permit Number 3 when
it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or
local permits before you proceed with your project, including (but not limited to) those required by Sediment and
Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the
accompanying 404 permits expire unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have 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. If total wetland fill for this project (now or in the future) exceeds one
acre, or total fill to perennial streams equals or exceeds 150 linear feet, additional compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions
listed in the attached certification, as well as the additional conditions listed below:
The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Wetland Impacts
Identifier Location Impact area
Site 1 Dredging of inline stormwater pond emergent
wetlands 0.71 acres
Total 0.71 acres dredged wetlands
2. Work must be accomplished so that no impacts occur, including hydrological changes, to the stream above or
below the stormwater pond.
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet www.ncwaterquality.org ;Vatuna"//y
An Equal Opportunity 1 Affirmative Action Employer
Duke Energy Fairfax Yard
DWQ# 09-0586
June 3, 2009
Page 2 of 3
3. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion"
to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate
should be returned to the Winston-Salem Regional Office of the NCDWQ at the address listed on the form.
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
which conforms to Chapter 150B 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 contact Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or at
[e-mail].
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Duke Power Company, 2500 Fairfax Rd, Greensboro NC 27407
DWQ Winston-Salem Regional Office
DWQ Wetlands/401