Loading...
HomeMy WebLinkAbout20201034 Ver 1_Buffer Approval Letter_20200914ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Carolina Power and Light ATTN: Joyce Dishmon, Duke Energy 864 South Edgewood Road Eden, North Carolina 27288 NORTH CAROLINA Environmental Quality September 14, 2020 DWR # 2020-1034 v1 (Express) Wayne County Subject: AUTHORIZATION CERTIFICATE PER THE TAR-PAMLICO RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0714) WITH ADDITIONAL CONDITIONS (Express Program Review) H. F. Lee Energy Complex - Inactive Ash Basins Outfall 005A and 005B Dear Ms. Dishmon: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on August 10, 2020. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. This Authorization Certificate shall expire five (5) years from the date of this letter. This approval requires you to comply with the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Buffer Rules are met. No other impacts are approved, including incidental impacts [15A NCAC 02B. 0714(8)]. Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan location/ Reference Attached Buffers - Zone 1 131 (Outfall 005A) 600 ftz (square feet) 0 ftz (square feet) Figure 2 B2 (Outfall 005B) 600 ftz (square feet) 0 ftz (square feet) Figure 2 Buffers - Zone 2 131 (Outfall 005A) 400 ftz (square feet) 0 ftz (square feet) Figure 2 B2 (Outfall 005B) 400 ftz (square feet) 0 ftz (square feet) Figure 2 2. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non -erosive velocities through the protected stream buffers and will not re -concentrate before discharging into the stream as identified within 15A NCAC 02B .0714(5) or provide treatment via an approved stormwater BMP meeting the nutrient removal requirements established within 15A NCAC 02B .0714(a)(1)(2). 3. No Waste, Spoil, Solids, or Fill of Any Kind 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 Buffer Authorization Application. All forestry operations activities shall be performed so that no violations of state water quality standards, statutes, or rules occur [15A NCAC 02H .0502 and .0502]. D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 NoarH c a.U.A PBPonmeol of Envo-onma.wi marl /� 252.946.6481 4. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This density can usually be achieved by planting approximately 360 (11 x 11 spacing) to 538 (9 x 9 spacing) trees per acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC 02B .0714 (6)] 5. 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 Authorization. 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 must be given a copy of this approval letter and Authorization and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 6. This approval and its conditions are final and binding unless contested. {G.S.143-215.5) This Buffer Authorization 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 may be obtained from the OAH at hUp_//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 8:00am and 5:00pm, 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: Ifsending via US Postal Service: Ifsending 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 DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Chris Pullinger at 252-948-3918 or chris.pullingerOncdenr.gov if you have any questions or concerns. Sincerely, ROW T Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Joyce Dishmon, Duke Energy (via e-mail: joyce.dishmon@duke-energy.com) Samantha Dailey, Raleigh Regulatory Field Office, USACE (via e-mail) DWR Laserfiche 2 3 0 5 6 7 8 1 FIGURE 2 REV. A F OUTFALL 005A AERIAL SCALE: 1" = 50' 510 • 510 100 FT r• r• r• r• RIP RAP APRON OUTFALL 005A: 1. APPROXIMATE TOTAL RIP RAP APRON DIMENSIONS: 6'W X 631 2. APPROXIMATE RIP RAP APRON DIMENSIONS WITHIN BUFFER ZONE: 6'W X 50' L i. is f 1 * r :• •: Management DwLsim d Waaw ResourceS ), NEUSE RallamoDCVA- r- September 1 GENERAL NOTES: 1. THE HF LEE OUTFALLS 005A AND 005B WILL HAVE THE TOP OF RIP RAP WITHIN THE CENTER OF THE CHANNEL BE 1 FOOT BELOW THE CURRENT ELEVATION. THE EDGES OF THE RIP RAP CHANNEL WILL RETURN TO EXISTING ELEVATION GRADE (SEE PAGE HFL_C901.035.009 PER DETAIL 1). THIS DESIGN ALLOWS THE WATER TO REMAIN WITHIN THE RIP RAP APRON AND NOT SPREAD OUTSIDE OF THE RIP RAP APRON LIMITS PER NPDES PERMIT REQUIREMENTS FOR TREATED WASTEWATER DISCHARGE TO REMAIN AS A POINT SOURCE OUTFALL. THIS CURRENTLY PROPOSED DESIGN WAS BASED ON A PREVIOUSLY COMPLETED AND APPROVED DESIGN FOR THE CAPE FEAR PLANT IN 2019/2020. CV 3 RIP RAP APRON DETAIL A 08/21/2020 7812-20-0457 FIGURE REV DATE JOB NO. PROJECT TYPE 5 6 BBC I BBC I I NAP DES DFTR CHKD ENGRj APPD 50' OUTFALL 005B AERIAL SCALE: 1" = 50' • • 50 100 FT r• r• G) C m N RIP RAP APRON OUTFALL 005B: 1. APPROXIMATE TOTAL RIP RAP APRON DIMENSIONS: 6'W X 511 F71 2. APPROXIMATE RIP RAP APRON DIMENSIONS WITHIN BUFFER ZONE: :< 6'W X 501 D TITLE HFL INACTIVE ASH BASIN OUTFALLS wood. 005A AND 005B DESIGN _ HF LEE ENERGY COMPLEX F � Environment &Infrastructure Solutions 4021 STIRRUP CREEK DRIVE, SUITE 100 DURHAM NC 27703 OUTFALL 005A AND 005B AERIAL TEL: (919) 381-9900 FAX: (919) 381-9901 FOR LICENSURE: NCENG:F-1253 ISSUED FOR CLIENT NC GEOLOGY: C-247 SEAL SCALE: AS SHOWN DES: BBC OZ/SY NON -WOVEN DUKE DWG TYPE: DWG DFTR : BBC OTEXTI LE FNEnt" JOB NO: 7812-20-0457 CHKD: NOT FOR DATE: 08/21/2020 ENGR: NAP CONSTRUCTION FILENAME: HFL_C901.035.003 EXISTING OVERALL AERIAL.dwg APPD: DWG SIZE DRAWING NO. REVISION ANSI FIGURE 2 A NOT FOR CONSTRUCTION 22"x34" DESCRIPTION 7 8 9 10 i i i INCHES 1 2 3 ITENTHS 10 20 30 p Plotted By: Cottros, Brooke Sheet Set: HF Lee Inactive Outfall Design Layout: FIGURE 2 August 24, 2020 01: 26: 26pm C:\Users\brooke.bowden\Desktop\Projects\HF Lee Inactive Ash Basins Outfall Project\CAD\HFL_C901.035.003 EXISTING OVERALL AERIAL.dwg NORTH CAROLINA ROY COOPER Environmental Quality Governor MICHAEL S. RECAN secretary LINDA CULPEPPER Interim Director DWQ Project No.: _ Applicant: Project Name: Date of Issuance of Wetland County: Upon completion of all work approved within the 401 Water Quality Certification and/or Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to DWR 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/or 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 /or Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) 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/or Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date North Carolina Department of Environmental Quality IDivision of Water Resources - Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481