20070540 Ver 1_No Written Concurrence_20070412

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Dwision of Water Quality
April 12, 2007
/ Pender County
~ DWQ Project #: 07-0540
Mr. Kenneth Karp
General Manager, Distribution
Progress Energy Carolinas
1451 Military Cutoff Road
Wilmington, NC 28403-3612
Subject Property: NE Cape Fear River Distribution Feeder Line
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Karp:
You have our approval, in accordance with the attached conditions, to install 570 feet of line
overhead from the west side to east side of the NE Cape Fear River as you described in your
application dated March 22, 2007. After reviewing your application, we have decided this fill is
below the threshold for written authorization as long as all conditions of General Water Quality
Certification Number 3625 are met, which may be viewed on our website at
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit
12 when issued by the US Army Corps of Engineers (USAGE). 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 stormwater regulations.
This approval is only valid 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
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall
expire when the corresponding Nationwide Permit expires or as otherwise provided in the
General Certification. For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below.
Conditions of Certification:
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the
401 Certification has been completed. The responsible party shall complete the
attached form and return it to the 401/Wetlands Unit of the Division of Water Quality.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: www.ncwaterqualitv.org One
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Page Two
Mr. Kenneth Karp
General Manager, Distribution
Progress Energy Carolinas
DWQ # 07-0540
April 12, 2007
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void
unless the enclosed conditions (GC 3625) are followed.
If you do not accept any of the conditions of this certification, 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 Ian McMillan at 919-733-1786
or myself in the Wilmington Regional Office at [phone].
Sincerely,
-__ ~~
' -----
(~ ~ _
Joanne Steenhuis
Environmental Senior Specialist
Enclosures
GC 3625
Certificate of Completion
cc: W.T. Bryson -Progress Energy Carolinas
Brad Shaver - USACE Wilmington Field Office
Stephen Rynas - DCM Morehead City
Central Files
WiRO