HomeMy WebLinkAboutNCC200853_ESC Approval Submitted_20200304ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Acting Director
NORTH CAROLINA
Environmental Quality
February 26, 2020
LETTER OF APPROVAL WITH MODIFICATIONS AND
PERFORMANCE RESERVATIONS
Duke Energy Progress, LLC
ATTN: Mr. T. Scott Martin
526 South Church Street
Charlotte, NC 28201
RE: Project Name: ASHEVILLE STEAM ELECTRIC PLANT - CCR LANDFILL
(previously DUKE - LAYDOWN #5)
Acres Approved: 41.34 (previously approved acreage 20.34)
Project ID: BUNCO 2018-001
County: Buncombe
City: Arden
Address: 200 CP&L Drive
River Basin: French Broad
Stream Classification: Lake Julian/Powell Creek - C
Submitted By: Ms. Tina Woodward
Date Received by LQS: September 8, 2017
Date Revision Received by LQS: December 16, 2019
Date Revision Received by LQS: January 21, 2020
Date Revision Received by LQS: February 13, 2020
Plan Type: Industrial
Dear Mr. Martin,
This office has reviewed the subject erosion and sedimentation control plan and hereby
issues this Letter of Approval with Modifications and Performance Reservations. A list of the
modifications and reservations is attached. This plan approval shall expire three (3) years
following the date of approval, if no land -disturbing activity has been undertaken, as is
required by Title 15A NCAC 413 .0129. Should the plan not perform adequately, a revised
plan will be required (G.S. 11 3A-5 4. 1) (b).
-.��p,� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
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Letter of Approval with Modifications and Performance Reservations
Duke Energy Progress, LLC
ATTN: Mr. T. Scott Martin
February 26, 2020
Page 2 of 5
As of April 1, 2019, all new construction activities are required to complete and submit an
electronic Notice of Intent (eNOI) form requesting a Certificate of Coverage (COC) under the
NCG010000 Construction General Permit. After the form is reviewed and found to be
complete, you will receive a link with payment instructions for the $100 annual permit fee.
After the fee is received, you will receive the COC via email. You MUST obtain the COC prior
to commencement of any land disturbing activity. The eNOI form may be accessed at
deq.nc.gov/NCG01. Please direct questions about the eNOI form to Annette Lucas at
Annette.lucas@ncdenr.gov or Paul Clark at Paul.clark@ncdenr.gov. If the owner/operator
of this project changes in the future, the new responsible party is required to apply for
his/her own COC.
Title 15A NCAC 413.0118(a) and the NCG01 permit require that the following documentation
be kept on file at the job site:
1. The approved E&SC plan as well as any approved deviation.
2. The NCG01 permit and the COC, once it is received.
3. Records of inspections made during the previous 12 months.
Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic
inspection to insure compliance with the approved plan.
North Carolina's Sedimentation Pollution Control Program is performance -oriented,
requiring protection of existing natural resources and adjoining properties. If, following the
commencement of this project, it is determined that the erosion and sedimentation control
plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of
1973 (North Carolina General Statute 113A-51 through 66), this office may require revisions
to the plan and implementation of the revisions to ensure compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and
State water quality laws, regulations, and rules. In addition, local city or county ordinances
or rules may also apply to this land -disturbing activity. This approval does not supersede
any other permit or approval.
Please note that this approval is based in part on the accuracy of the information provided
in the Financial Responsibility Form, which you provided. This permit allows for a land -
disturbance, as called for on the application plan, not to exceed the approved
acres. Exceeding the acreage will be a violation of this permit and would require a revised
plan and additional application fee. You are requested to file an amended form if there is any
change in the information included on the form. In addition, it would be helpful if you notify
this office of the proposed starting date for this project. Please notify us if you plan to have
a preconstruction conference.
Letter of Approval with Modifications and Performance Reservations
Duke Energy Progress, LLC
ATTN: Mr. T. Scott Martin
February 26, 2020
Page 3 of 5
Your cooperation is appreciated.
Sincerely,
an ey . Aiken, E a
Regional Eng'
Land Quality Section
Enclosures: Certificate of Approval
Modifications Required for Approval
NPDES NCG01 Fact Sheet
ec: Ms. Tina Woodward tina.woodward@duke-energy.com
Mr. Woo-Kuen Shin, PE wshin0geosyntec.com
cc; Regional Office file
Letter of Approval with Modifications and Performance Reservations
Duke Energy Progress, LLC
ATTN: Mr. T. Scott Martin
February 26, 2020
Page 4of5
Page intentionally left blank. See next page for
Modifications and Performance Reservations.
Letter of Approval with Modifications and Performance Reservations
Duke Energy Progress, LLC
ATTN: Mr. T. Scott Martin
February 26, 2020
Page 5 of 5
MODIFICATIONS
Project Name; ASHEVILLE STEAM ELECTRIC PLANT - CCR LANDFILL
(previously DUKE - LAYDOWN #5)
Project ID: BUNCO 2018-001
County: Buncombe
1. Please provide sediment basin dimensions (minimum LxW) on the plans. It is
recommended that the dimensions at the bottom elevation of the basins be
provided. For irregular -shaped basins, representative dimensions are acceptable;
the intent is to provide guidance to both the contractor and the Land Quality
inspector regarding the minimum basin size needed to provide the required storage
volume and surface area. [G.S. 113A-57(3)]
2. Please be advised directly pumping out a sediment basin is considered bypassing a
stormwater control facility in violation of Section IV (3) of NPDES Permit NCGO10000
Stormwater Discharge Permit for Construction Activities. If any draining of the sediment
basin occurs, such as for maintenance of the basin or conversion to the post -construction
stormwater measure, the drainage must occur through a silt bag and discharged in a non -
erosive manner. [15A NCAC 413 .0105]
PERFORMANCE RESERVATIONS
1. If field conditions prove that either sediment basin short circuits or if the basin is not
functioning adequately all work except that which is necessary to fully stabilize the site will
cease and a revised plan will be required. {G.S. 113A-57)
2. Please note that the developer is responsible for the control of sediment on -site. If the
approved erosion and sediment control measures prove insufficient, the developer must
take those additional steps necessary to stop sediment from leaving this site. Each
sediment storage device must be inspected after each storm event. Maintenance and/or
clean out is necessary anytime the device is at 50% capacity. {G.S. 113A-57(3)).
Ref: G.S. 113A-54.1 through G.S. 113A-57
Sections 15A NCAC 04A.0101 through 15A NCAC 04E.0504
General Permit NCG 010000 NPDES for Construction Activities
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