20091002 Ver 1_Approval Letter_20100208

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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
February 8, 2010
DWQ Project # 09-1002;
Wiikes County
Mr. Kevin Edwards
Wilkesboro Hydropower, LLC
P.O. Box 143
Mayodan, NC 27027
Subject Property: W. Kerr Scott Hydropower Project
Yadkin River [030701, 12-(27.5), WS-IV, B, TR]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Edwards:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.1 acres of open water (reservoir) and 80 linear feet of perennial stream, as
described within your application dated September 15, 2009, and received by the N.C. Division of Water
Quality (DWQ) on September 18, 2009, with additional information received from you on September 25,
2009, November 23, 2009, and December 11, 2009, to construct the proposed W. Kerr Scott Hydropower'
Station at the site. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3697 (GC3697). The Certification(s) allows you to use
Nationwide Permit(s) NW 17, when issued by the US Army Corps of Engineers (USACE). In addition,
you should obtain or otherwise comply with any other required federal, state or local permits before you
go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge,
and other regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA'
Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us 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 conditions. If total fills for this, project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
Conditions of Certification:
1. Impacts Approved
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
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NhCakolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
Wilkesboro Hydropower. LLC
Page 2 of 3
February 8, 2010
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact Amount Approved nits Plan Location or Reference
Open Water reservoir 0.1 (acres) PCN page 9 of 14
Stream - perennial 80 (linear feet) PCN page 8 of 14
Sediment and Erosion Control:
Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/4011'ermit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project;
5.1 Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H,
Section.0500;
6. FERC 401 Water Quality Certification
A DWQ 401 Water Quality Certification must be secured for the discharge and operation of the
dam. This will require a separate application and payment of a fee to DWQ. In addition, there
are issues raised by various State agencies concerning the discharge and operation of the dam that
will need to be addressed. Please contact John Dorney of DWQ at 919-733-9646 to begin that
process.
Wilkesboro Hydropower. LLC
Page 3 of 3!
February 8, 2010:
Certificate of Completion:
7. 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 the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CANM Permit.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon:
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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 telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Lauren Witherspoon in the DWQ Raleigh Regional Office at 919-791-4200.
1
Sin ely,.
.
4
leen H. Sullins
CHS/gym
Enclosures: GC3697
Certificate of Completion
cc: Sue Homewood, DWQ Winston-Salem Regional Office
USACE Raleigh Regulatory Field Office
DLR Winston-Salem Regional Office
File Copy
Angela Carmen, City Attorney's Office, City of Winston-Salem, P.O. Box 2511, Winston-Salem,:
NC 27102
Filename: 091002 WkerrScottHydroPowerProject(W ilkes)401