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