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HomeMy WebLinkAbout20201286 Ver 1_Approval Letter_20201116DocuSign Envelope ID: 31865B04-E6DF-4621-968C-FC87DD1FD278 ROY COOPER Governor MICHAEL S. REGAN Secretory S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality November 16, 2020 DWR Project # 2020-1286 Brunswick County Mr. Kim Gerald, Manager -Nuclear Site Services Duke Energy- Brunswick Steam Electric Plant P.O. Box 10429 Southport, NC 28461 Subject: 401 Water Quality Certification Maintenance Excavation of the Discharge Canal Settling Basin Caswell Beach Dear Mr. Gerald: The N.C. Division of Water Resources ("DWR") is in receipt of your request to perform maintenance excavation dredging of the Duke Energy- Brunswick Steam Electric Plant's Discharge Canal Settling Basin located within Caswell Beach ("subject property") as described in your CAMA Permit' Modification Request application to the N.C. Division of Coastal Management. DWR received the application on October 15, 2020 and received additional information from the applicant on October 21, 2020. The Discharge Canal Settling Basin is an effluent channe12 as described in the Duke Energy's National Pollutant Discharge Elimination System (NPDES) Permit.' DWR is issuing this General Water Quality Certification Number 4175 (GC 4175) as a result of the U.S. Army Corps of Engineers' issuance of a Nationwide Permit 35 on October 27, 2020.4 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. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] ' CAMA Major State Permit No. 293 2 15A NCAC 028 .0228 3 NPDES Permit # NC0007064 ° USACE Action ID # SAW-2006-41593 D �� North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NCRTH CARO�INh Department 0 Envtrammentxi 910.796.7215 DocuSign Envelope ID: 31865B04-E6DF-4621-968C-FC87DD1FD278 Type of Impact Amount Approved (units) Amount Approved (units) Permanent Temporary Stream 0 (linear feet) 0 (linear feet) 404/401 0 (linear feet) 0 (linear feet) Jurisdictional Wetlands Discharge Canal (effluent 144,199 (sq. ft.) or 3.31 0 (acres) channel) (acres) 38,000 (cubic yards) of Maintenance Excavation material removed 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 this Certification. If you change your project, you must notify the Division. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. The permittee shall report to the Wilmington Regional Office at (910) 796-7215 (after hours and on weekends call 800-858-0368) any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 DocuSign Envelope ID: 31865B04-E6DF-4621-968C-FC87DD1FD278 This letter completes the review by the Division of Water Resources as a result of the U.S. Army Corps of Engineers' issuance of a Nationwide Permit 35 on October 27, 2020. If you have any questions, please telephone Robb Mairs in the DWR Wilmington Regional Office at 910.796.7303 or Robb.Mairs@ncdenr.gov. Sincerely, DocuSigned by: dot evti ((a S� 6" E3ABA14AC7DC434... Morella Sanchez King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Tara MacPherson — NCDCM-Wilmington Office- Electronic Copy Curt Weychert — NCDCM- Morehead City Office- Electronic Copy Greg Currey - USACE Wilmington Regulatory Field Office -Electronic Copy DWR 401 & Buffer Permitting Branch file-LF WiRO