20201283 Ver 1_More Info Requested_20210104

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
January 4, 2021
DWR # 20201283v1
Person County
Lori Tollie
Duke Energy
411 Fayetteville St.
Raleigh, NC 27601
(Delivered via email at [e-mail])
Subject: REQUEST FOR ADDITIONAL INFORMATION
Duke Energy Roxboro Steam Electric Plant Ash Basin Landfill Project
DWR # 20201283v1
Corps Action ID# SAW-2015-02646
Dear Ms. Tollie,
On November 25, 2020, the Division of Water Resources (Division) received your application requesting
a 401 Individual Water Quality Certification from the Division for the subject project. The Division has
determined that your application is incomplete and cannot be processed. The application is on -hold
until the following information is received:
1. You have indicated that borrow areas located near the Roxboro plant have been chosen
primarily due to the cost of transport of material and traffic considerations. Please provide
more details regarding avoidance and minimization of stream impacts within the proposed
borrow areas. The Division does not believe that supplying borrow material has sufficiently
avoided and minimized impacts to the maximum extent possible. While this Office
understands the desire to reduce costs and potential safety issues, more justification is
needed beyond those two considerations [NCAC 02H .0506(b)(1)].
2. Several impacts within the project appear to be due to road crossings of streams. Please also
include any temporary impacts resulting from dewatering or pump -around activities. Please
provide detailed engineering plans, profile views, and cross -sections of all proposed culverts.
These drawings must include details regarding stream alignment in relation to pipe
alignment, pipe slope, pipe burial, and dissipater pad. [15A NCAC 02H .0502(a) and (c)]
.0502(a)(9)]. You have indicated Borrow Pits 1 and 8 are priority, please provide the above
information for stream crossings within these two borrow areas in your response to this
request. For all other areas you may provide this information now, or you may propose to
provide it to the Division for review and approval prior to any impacts to aquatic resources
from the use of future borrow areas.
3. Figure 5.4 lists impacts to wetlands L, Z, OW-1, and stream 10 between Borrow Area 1 and
the West Ash Basin. Please explain what impacts to these resources are resulting from in
more detail. This office is concerned about potential isolation of all or part of any remaining
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512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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Duke Energy Roxboro Steam Electric Plant
Ash Basin Landfill Project
Request for Additional Information
DWR# 20201283v1
Page 2 of 3
aquatic resources. Please also explain why these impacts cannot be avoided by shifting the
impact area to the south or north where no aquatic resources are located [NCAC 02H
.0506(b)(1)].
4. Within Borrow Area 6 (Figure 5.9) five stream impacts are proposed. Please provide detail
regarding avoidance and minimization of stream impacts on these stream crossings as
outlined in item 1 above [NCAC 02H .0506(b)(1)].
5. The project design proposes 60 linear feet of impacts to stream SJA at the northern end of
Borrow Area 6 (Figure 5.9). Please provide an analysis of how this borrow area will provide
sufficient material to justify the impact to SJA, specifically addressing avoidance and
minimization. [NCAC 02H .0506(b)(1)].
6. The project design proposes 56 linear feet of impact to stream SRJ at the southern end of
Borrow Area 6 (Figure 5.9). Please explain why this crossing cannot be eliminated by
accessing this area via State Road 1337/McGhees Mill Road [NCAC 02H .0506(b)(1)].
7. For all proposed impacts to aquatic resources, please indicate if the impact is permanent or
temporary. [NCAC 02H .0506(b)(1)].
8. Please explain in why the 511 linear feet of stream impact to Stream 33 (Figure 5.7) cannot
be avoided similar to how other impacts to streams have been avoided within the other
borrow areas [NCAC 02H .0506(b)(1)].
9. If the U.S. Army Corps of Engineers requests a response to any comments received as a result
of the Public Notice, please provide the Division with a copy of your response to the USACE.
[15A NCAC 02H .0502(c)]
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. Please respond in writing within 30
calendar days of receipt of this letter by sending one (1) copy of all of the above requested information
to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 OR by
submitting all of the above requested information through this
link: https://edocs.deg.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).
If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this
activity and any work done within waters of the state may be a violation of North Carolina General
Statutes and Administrative Code.

Duke Energy Roxboro Steam Electric Plant
Ash Basin Landfill Project
Request for Additional Information
DWR# 20201283v1
Page 3 of 3
Please contact Rick Trone at [e-mail] if you have any questions or concerns.
Sincerely,
DocuSigned by:
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Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Chris Hopper, USACE Wake Forest Regulatory Field Office (via email)
Julia Tillery, Wood MIS (via email)
DWR 401 & Buffer Permitting Branch file