HomeMy WebLinkAbout20120615 Ver 1_Approval Letter_20210201ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANI£L SMITH
Director
NORTH CAROLINA
Environmental Quality
February 1, 2021
DWR # 20120615 Ver 3
Person County
Duke Energy
Attn: Ms. Lori Tollie
411 Fayetteville St.
Raleigh, NC 27601
(Delivered via email to lori.tollie@duke-energy.com )
Subject: Approval of Individual 401 Water Quality Certification
Duke Energy Mayo Steam Electric Plant Ash Basin Landfill Project
USACE Action ID. No. SAW-2011-00181
Dear Ms. Tollie,
Attached hereto is a copy of Certification No. 4179 issued to Ms. Lori Tollie and Duke Energy, dated February
1, 2021. This Certification replaces the Certification issued to you on January 31, 2019. This modification was
requested to include an additional 2.13 acres of wetland and 1,423 linear feet of stream impact associated
with the construction of the Lined Retention Basin and the Ash Basin Closure activities at the Mayo Plant.
The impacts associated with the Lined Retention Basin have already occurred and these activities are being
authorized after -the -fact. The plans and specifications for this project are incorporated by reference as part
of this Water Quality Certification. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. 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)].
This Certification does not relieve the permittee of the responsibility to obtain all other required Federal,
State, or Local approvals before proceeding with the project, including those required by, but not limited
to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Water Quality Certification does not authorize any person
to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not
create any prescriptive right or any right of priority regarding any usage of water. This Water Quality
Certification shall not be interposed as a defense in any action respecting the determination of riparian or
littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality
Certification to possess any prescriptive or other right of priority with respect to any other consumptive
user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
Upon the presentation of proper credentials, the Division may inspect the property.
R Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
vnH rt+rn;in�_irvn
0Om or enwmt3W Qualify 919,707.9000
Duke Energy
DWR# 20120615 Ver 3
Individual Certification #WQC004179
Page 2 of 14
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Individual Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of
the expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water
Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the
time the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or 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 approval and its conditions are final and binding unless contested [G.S. 143-215.5].
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
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Rick Trone at 919-707-3631 or rick.trone@ncdenr.gov if you have any questions
or concerns.
Sincerely,
igned by:
L;DocuSEW17;1.144
949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Richard Harmon, Wood E&IS (via email at Richard. Harmon@woodplc.com)
Chris Hopper, USACE Wake Forest Regulatory Field Office (via email)
Duke Energy
DWR# 20120615 Ver 3
Individual Certification #WQC004179
Page 3 of 14
Todd Bowers, EPA, (via email)
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20120615 Ver 3—Duke Energy Mayo Plant ABLF (Durham)_401_IC.docx
Duke Energy
DWR# 20120615 Ver 3
Individual Certification #WQC004179
Page 4 of 14
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #4179 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and
95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A
NCAC 02B .0200, to Ms. Lori Tollie and Duke Energy, who have authorization for the impacts listed below, as
described within your application received by the N.C. Division of Water Resources (Division) on October 26,
2020 and subsequent information received on December 11 and December 18, 2020, and by Public Notice
issued by the U. S. Army Corps of Engineers and received by the Division on November 6, 2020.
Ms. Lori Tollie and Duke Energy as new owners of the property have further authorization for impacts and
subject to the same conditions previously granted Mr. Steve Cahoon and Duke Energy which include
permission to fill or otherwise impact 227 linear feet of stream and 1.15 acres of wetlands for construction
of a Lined Retention Basin and Ash Basin Closure activities pursuant to an application received by the
Division on July 27, 2018, and by Public Notice issued by the U.S. Army Corps of Engineers on the 10' day of
August 2018. The same conditions were previously granted to Mr. William J. Thacker and PEC which
included permission to fill or otherwise impact 4,733 linear feet of stream (2,074 linear feet associated with
Phase 1 and 2,659 linear feet associated with proposed future phases of the site) associated with the
proposed construction of the Mayo Coal Ash Combustion (CCR) Monofill site (a dry ash monofil facility to
replace the current wet ash handling system that directs CCR's to be disposed in wetponds), which is located
on the east side of SR 1327 and US 501 north of Roxboro, Person County, North Carolina, pursuant to an
application dated February 9, 2012, and received by the division on June 20, 2012, and by Public Notice by
the US Army Corps of Engineers issued on the 12th day of April 2012, and received by the Division on June
25, 2012.
The State of North Carolina certifies that this activity will comply with water quality requirements and the
applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions hereinafter
set forth.
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
1.1. Version 1
Type of Impact
Amount Approved (Units)
Plan Location or Reference
Stream
4,733 (linear feet)
Application dated February 9,
2012 and Army Corps of
[2,074 linear feet
Engineers Public Notice dated
associated with Phase I
April 12, 2012.
and 2,659 linear feet
associated with proposed
future phases of the site]
Duke Energy
DWR# 20120615 Ver 3
Individual Certification #WQC004179
Page 5 of 14
1.2. Version 3. These impacts replace previously approved impacts in Water Quality Certification
issued January 31, 2019 (DWR#20120615 Version 2).
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Strea m
Stream 1: Ash basin dam
decommission
322 (linear feet)
0 (linear feet)
Stream 3: Ash basin dam
decommission
265 (linear feet)
0 (linear feet)
*Stream 5: Lined retention
basin
148 (linear feet)
0 (linear feet)
*Stream 6: Lined retention
basin
229 (linear feet)
0 (linear feet)
Stream 9: Ash basin clean
closure
218 (linear feet)
0 (linear feet)
Stream 10: Ash basin clean
closure
91 (linear feet)
0 (linear feet)
Total Stream Impacts
1273 (linear feet)
0 (linear feet)
404/401 Wetlands
Wetland B: ABLF area
0.1 (acres)
0 (acres)
Wetland C: ABLF area
0.04 (acres)
0 (acres)
Wetland UU: ABLF area
0.02 (acres)
0 (acres)
Wetland ZZ: ABLF area
0.3 (acres)
0 (acres)
Wetland JJJ: Ash basin
clean closure
0.1 (acres)
0 (acres)
Wetland LLL: Ash basin
clean closure
0.1 (acres)
0 (acres)
Wetland F: Ash basin dam
decommission footprint
0.03 (acres)
0 (acres)
Wetland H: ash basin dam
decommission footprint
0.1 (acres)
0 (acres)
*Wetland D: Lined
retention basin
0.11 (acres)
0 (acres)
*Wetland E: Lined
retention basin
0.76 (acres)
0 (acres)
*Wetland MMM: Lined
retention basin
0.28 (acres)
0 (acres)
Total Wetland Impacts
1.94 (acres)
0 (acres)
*indicates impacts have already occurred and represents after -the -fact -authorization
Duke Energy
DWR# 20120615 Ver 3
Individual Certification #WQC004179
Page 6 of 14
2. Compensatory Mitigation — Phased Mitigation
2.1 Version 1
By virtue of receipt dated October 17, 2012 from NC Ecosystem Enhancement Program (EEP) (now,
the Division of Mitigation Services "DMS"). The mitigation requirements for Phase 1, Version 1 of this
certification (2012-0615v1) have been satisfied. For accounting purposes, the following compensatory
mitigation requirements have been met:
Type of Impact
Compensatory Mitigation Required
River and Sub -basin Number
Stream
2,075 (linear feet)
Roanoke/03010104
It is the Division's understanding based on your 2012 application that the additional stream impacts of
2,659 linear feet that were proposed and conceptually approved will not occur for 10-15 years.
Therefore, no specific method for providing compensatory mitigation was proposed at that time.
However, compensatory mitigation for these future stream impacts will be provided by the permittee
in a manner that is acceptable to the USACE and the Division and approved by the USACE and the
Division in writing, prior to the occurrence of the proposed impacts.
2.3. Version 3
Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this
mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has
been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For
accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the
following compensatory mitigation requirement.
Citation: 15A NCAC 02H .0506(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will comply
with state water quality standards (including designated uses, numeric criteria, narrative criteria, and
the state's antidegradation policy), the project must provide for replacement of existing uses through
compensatory mitigation.
Type of Impact
Compensatory Mitigation Required
River & Sub -basin Number
Stream
1,273 (linear feet)
Roanoke 03010102,
03010103,or03010104
Wetlands
1.94 (acres)
Roanoke 03010102,
03010103,or03010104
Duke Energy
DWR# 20120615 Ver 3
Individual Certification #WQC004179
Page 7 of 14
Final Construction Plans shall be submitted to the Division upon receipt of a landfill permit issued by the
Division of Solid Waste and at least 90 days prior to any impacts to jurisdictional waters. The Permittee
shall submit a permit modification request if jurisdictional impacts increase beyond those approved in
this certification as a result of final design and the landfill permitting process, no impacts shall occur
during the review of any permit modification requests.
Citation: 15A NCAC 02H .0506(b)(1) and (2), 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
4. A copy of the surface water monitoring plan, as approved by the Division of Solid Waste, shall be
submitted to the Division. Any modifications to approved surface water monitoring plans shall be
submitted to the Division for the life of the landfill. Additional monitoring requirements may be added
by the Division upon review of the surface water monitoring plan approved by the Division of Solid
Waste.
Citation: 15A NCAC 02H .0506(b)(1), 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
Prior to commencement of the project, final design plans shall be submitted to the Division of Water
Resources Central Office.
Citation: 15A NCAC 02H .0506(b)(1) and (2), 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized
impacts to waters, would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
6. The permittee shall report to the DWR Raleigh Regional Office any noncompliance with, and/or 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.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental
impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a
Duke Energy
DWR# 20120615 Ver 3
Individual Certification #WQC004179
Page 8 of 14
short-term or long-term basis.
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity, wildlife, secondary contact recreation; agriculture), and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
8. When applicable, all construction activities shall be performed and maintained in full compliance with
G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Citation: 15A NCAC 02H .0506(b)(2), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses, and (12) turbidity in
the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated
as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and
reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds
these levels due to natural background conditions, the existing turbidity level shall not be increased. As
cited in Wetland Standards: (1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color
or odorshall not be present in amounts that may cause adverse impacts on existing wetland uses.
9. Sediment and erosion control measures shall not be installed in wetland or waters except within the
footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed
within authorized impact areas, then placement of such measures shall not be conducted in a manner
that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed
within wetlands shall be removed from wetlands and the natural grade restored within two (2)
months of the date that DEMLR or locally delegated program has released the specific area within the
project to ensure wetland standards are maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCACO28 .0200, 15A NCAC 028 .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses, and (12) turbidity in
the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated
Duke Energy
DWR# 20120615 Ver 3
Individual Certification #WQC004179
Page 9 of 14
as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and
reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds
these levels due to natural background conditions, the existing turbidity level shall not be increased. As
cited in Wetland Standards: (1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color
or odorshall not be present in amounts that may cause adverse impacts on existing wetland uses.
10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses (including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to waters,
would cause or contribute to a violation of standards, or would result in secondary or cumulative
impacts.
11. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES
Construction Stormwater Permit Number NCG250000, full compliance with permit conditions
including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring,
record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028 .0200, 15A NCAC 028 .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses, and (12) turbidity in
the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated
as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and
reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds
these levels due to natural background conditions, the existing turbidity level shall not be increased. As
cited in Wetland Standards: (1) Liquids, fill or other solids, or dissolved gases shall not be present in
amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color
or odorshall not be present in amounts that may cause adverse impacts on existing wetland uses.
12. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in
contact with the disturbed area. Approved best management practices from the most current version
of the NCSediment and Erosion Control Manual, or the NC Department of Transportation Construction
and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion
structures shall be used to minimize excavation in flowing water.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
Duke Energy
DWR# 20120615 Ver 3
Individual Certification #WQC004179
Page 10 of 14
best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious
substances, or colored or other wastes: only such amounts as shall not render the waters injurious to
public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of
fish, aesthetic quality, or impair the waters for any designated uses, and (12) turbidity in the receiving
water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout
waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs
not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels
due to natural background conditions, the existing turbidity level shall not be increased.
13. Culverts shall be designed and installed in such a manner that the original stream profiles are not
altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of
the stream above and below a pipe or culvert shall not be modified by widening the stream channel or
by reducing the depth of the stream in connection with the construction activity. The width, height,
and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring
flow without adversely altering flow velocity. If the width of the culvert is wider than the stream
channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the
natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be
accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they
receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the streambed
by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for
culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and
aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for
aquatic passage, then culvert burial into the streambed is not required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of
greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the
slope have been investigated and aquatic life movement/connectivity has been provided when
possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting
documentation to include a location map of the culvert, culvert profile drawings, and slope
calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there is
sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be
provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is
discovered during construction, then DWR shall be notified by phone or email within 24 hours of
discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions. When roadways, causeways, or other fill
projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or
bridges shall be provided to maintain the natural hydrology of the system as well as prevent
constriction of the floodway that may result in destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization techniques
shall be used where practicable instead of rip -rap or other bank hardening methods.
Duke Energy
DWR# 20120615 Ver 3
Individual Certification #WQC004179
Page 11 of 14
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. Ensuring that in -stream structures are installed properly
will ensure that surface water quality standards are met and conditions of waters are suitable for all
best uses.
14. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or
wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and
Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of
contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses.
15. If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses.
16. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall
be returned to natural conditions within 60 calendar days after the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's original
cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted
sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any remaining
surface waters or wetlands, and any surface waters or wetlands downstream, continue to support
existing uses after project completion.
17. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as
outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of
Duke Energy
DWR# 20120615 Ver 3
Individual Certification #WQC004179
Page 12 of 14
Transportation Best Management Practices for Construction and Maintenance Activities so as not to
restrict stream flow or cause dis-equilibrium during use of this Certification.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. Ensuring that in -stream structures are installed properly
will ensure that surface water quality standards are met and conditions of waters are suitable for all
best uses.
18. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction activity.
All rip -rap shall be placed such that the original streambed elevation and streambank contours are
restored and maintained and shall consist of clean rock or masonry material free of debris or toxic
pollutants. Placement of rip -rap or other approved materials shall not result in de -stabilization of the
stream bed or banks upstream or downstream of the area or be installed in a manner that precludes
aquatic life passage.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would result in
secondary or cumulative impacts.
19. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank stabilization
measures.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would result in
secondary or cumulative impacts.
20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly
to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic
materials. Construction shall be staged in order to minimize the exposure of equipment to surface
waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance
shall be performed in a manner to prevent, to the maximum extent practicable, contamination of
surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
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precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the
palatability offish, aesthetic quality, or impair the waters for any designated uses.
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands
such that hydrologic conditions necessary to support natural biological and physical characteristics are
protected; populations of wetland flora and fauna are maintained to protect biological integrity of the
wetland; and materials or substances are not present in amounts that may cause adverse impact on
existing wetland uses.
22. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25
gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c), N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of discharge
must immediately notify the Department, or any of its agents or employees, of the nature, location,
and time of the discharge and of the measures which are being taken or are proposed to be taken to
contain and remove the discharge. This action is required in order to contain or divert the substances
to prevent entry into the surface waters. Surface water quality standards require that conditions of
waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life
propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation;
agriculture), and that activities must not cause water pollution that precludes any best use on a short-
term or long-term basis.
23. The permittee and their authorized agents shall conduct all activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with §303(d) of the
Clean Water Act), and any other appropriate requirements of State and Federal Law.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all best
uses provided for in state rule, and that activities must not cause water pollution that precludes any
best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would result in
secondary or cumulative impacts.
24. The permittee shall require its contractors and/or agents to comply with the terms and conditions of
this permit in the construction and maintenance of this project, and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project with a copy
of this General Certification. A copy of this General Certification shall be available at the project site
during the construction and maintenance of this project.
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Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401
Water Quality General Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date
of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 1st day of February 2021
EDocuSignn�e/d by: '
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949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
RVT
W QC004179