Duke Power

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W /Cobey, Jr., Secretary
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George T. Everett, Ph.D.
Director
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Dear Sir or Madam:
SUBJECT; 401 WATER QUALITY CERTIFICATION
??iwt'?tG.wl County, COE Project # ??f9 20*338
The Division of Environmental Management (DEM) received a
letter from the Corps of Engineers (COE) stating that your
project qualified for a Nationwide Permit. Please be advised
that the Nationwide Permit is not valid until a 401 Water Quality
Certification has been issued by the Division. General
Certifications have been issue by the Division for most of the
Nationwide Permits, however, several of the General
Certifications require written concurrence from the Division
before the Nationwide Permit is valid.
If you are utilizing Nationwide Permit # 26 and your fill
activity is equal to or less than one-third (1/3) of an acre you
are not required to obtain written concurrence. Otherwise please
complete the attached form (except for conditions 15 and 16) and
send six additional copies (a total of seven copies) so that the
review of your request can be initiated.
If you have any questions, please call me or Mr. John Dorney
at 919-733-1786.
Sincerely,
Eric Galamb
Applic? tr /
cc: ZLyF, DEM Regional Office
RT. J hn R. Dorney
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington. Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
N.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Fqual Optvrtunity Affirmative Action Employer

R M ? U L7 L? DEPARTMENT OF THE ARMY 0 ° V N
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 SEP `- 4
WILMINGTON, NORTH CAROLINA 28402-1890
August 25, 1992 WELANDSGROUP
IN REPLY REFER TO u
WATER QUALITY SECTION
Regulatory Branch
Action ID. 199203315 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Duke Power Company
ATTN: Mr. Robert A. Cloninger
Transmission Department
Woodlawn Center
Post Office Box 1010
Charlotte, North Carolina 28201-1010
Dear Mr. Cloninger:
Reference your letter of February 10, 1992, requesting Department of the
Army authorization to discharge fill material into 0.55 acre of wetlands
adjacent to Little Lick Creek for the construction of the Nichols Road Retail
Substation near Durham, Durham County, North Carolina. The proposed worksite
is located above the headwaters of Little Lick Creek.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits (NWP).
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated waters
provided:
a. The discharge does not cause the loss of more than 10 acres of waters
of the United States;
b. The permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
c. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Your work, involving the discharge of fill material into 0.55 acre of
wetlands located above the headwaters of Little Lick Creek, is authorized by
this NWP provided it is accomplished in strict accordance with the enclosed
conditions. This NWP does not relieve you of the responsibility to obtain any
required local or State approval, including a Section 401 Water Quality
Certification. Questions concerning Water Quality Certification should be
addressed to Mr. John Dorney, North Carolina Division of Environmental
Management, at telephone [phone].
u
-2-
This verification will be valid for 2 years from the date of this letter
unless the NWP authorization is modified, reissued, or revoked. Also, this
verification will remain valid for the 2 years if, during that period, the NWP
authorization is reissued without modification or the activity complies with
any subsequent modification of the NWP authorization. If during the 2 years,
the NWP authorization expires or is suspended or revoked, or is modified, such
that the activity would no longer comply with the terms and conditions of the
NWP, activities which have commenced (i.e., are under construction) or are
under contract to commence in reliance upon the NWP will remain authorized
provided the activity is'completed within 12 months of the date of the NWP's
expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend, or revoke the
authorization.
Questions or comments may be addressed to Mr. Eric Alsmeyer, Raleigh Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
r. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687