20060645 Ver 2_Approval Letter_20120124

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
January 24 2012
Mr Tom Leap
Duke Energy Belews Creek Steam Station
3195 Pine Hall Road
Belews Creek NC 27009 9157
Re Craig Road Landfill Expansion Stokes County
Belews Lake (030201 22 27 9 (3) C)
DIVISION #2006 0645 ver 2 USACE Action ID No SAW 2011 00972
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Leap
Dee Freeman
Secretary
Attached hereto is a copy of Certification No 3879 issued to Mr Tom Leap and Duke Energy dated
January 24 2012 In addition you should get any other federal state or local permits before you go
ahead with your project including (but not limited to) Solid Waste Sediment and Erosion Control
Stormwater Dam Safety Non discharge and Water Supply Watershed regulations
If we can be of further assistance do not hesitate to contact us
Smc ely
* t� Charles Wakild P E
Attachments Certificate of Completion
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
cc Becky Fox EPA 1307 Firefly Road Whittier NC 28789
U S Army Corps of Engineers Raleigh Regulatory Field Office Wilmington District USACOE
Elizabeth Werner Div Of Solid Waste
Sue Homewood DIVISION Winston Salem Regional Office
DLR Winston Salem Regional Office
File Copy
Filename 110645Ver2DukeEnergyCrargRoadLandfill (Stokes)401_[C
Wetlands Buffers Stormwater Compliance and Permitting (Webscape) Unit
1650 Mail Service Center Raleigh North Carolina 27699 1650
Phone [phone] FAX [phone]
Internet http / /portal ncdenr org /web /wq /ws
An Equal Opportunity 1 Affirmative Action Employer

Mr Tom Leap and Duke Energy
Page 2 of 5
January 24 2012
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92
500 and 95 217 of the United States and subject to the North Carolina Division of Water Quality (Division)
Regulations in 15 NCAC 2H Section 0500 to Mr Tom Leap and Duke Energy Belews Creek Steam
Station to fill impact or otherwise impact 0 75 acres of 404 /wetland and 5 129 linear feet of stream
associated with the proposed landfill expansion project at the site which is located within the Roanoke
River Basin The site is located off north of the terminus of Pine Hall Road near Belews Creek Stokes
County North Carolina pursuant to an application dated June 9 2011 and received by the DIVISION on
June 13 2011 and by Public Notice by the U S Army Corps of Engineers issued on the 23`d day of June of
2011 and received by the DWQ on June 23 2011 and Public Notice reissued by the U S Army Corps of
Engineers issued on the 15th day of December of 2011 and received by the DWQ on December 16 2011
and additional information received by the DWQ on August 18 2011 August 26 2011 October 28 2011
November 14 2011 and December 16 2011
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines Therefore the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301
302 303 306 307 of PL 92 500 and PL 95 217 if conducted in accordance with the application the
supporting documentation and conditions hereinafter set forth
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice If the project is changed prior to notification a new application for a new
Certification is required If the property is sold the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification Any
new owner must notify the Division and request the Certification be issued in their name Should wetland
or stream fill be requested in the future additional compensatory mitigation may be required as described
in 15A NCAC 2H 0506 (h) (6) and (7) If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces the DIVISION shall be notified
in writing and a new application for 401 Certification may be required For this approval to be valid
compliance with the conditions listed below is required
Conditions of Certification
1 Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met No other impacts are
approved including incidental impacts
Type of Impact
Amount Approved Units
Plan Location or Reference
404/Ri parian Wetlands
0 75 acres
Application and Public Notice
Stream (perennial)
5 129 (linear feet) of stream
Application and Public Notice
2 Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below We
understand that you wish to make a payment to the Stream Restoration Fund administered by the
NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement This has been
determined by the DIVISION to be a suitable method to meet the mitigation requirement Until
the EEP receives and clears your check (made payable to DENR — Ecosystem Enhancement

Mr Tom Leap and Duke Energy
Page 3 of 5
January 24 2012
Program Office) no impacts specified in this Authorization Certificate shall occur The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund You have 60 days from the date of this approval to make this payment For
accounting purposes, this Authorization Certificate authorizes payment into the Stream
Restoration Fund to meet the following compensatory mitigation requirement
Type of Impact
Compensatory Mitigation Re uired
River and Sub basin Number
Stream
5 129 (linear feet)
Roanoke /03010103
3 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 ifjurisdictional 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
4 Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design installation and operation and maintenance of such Best Management Practices and
if applicable comply with the specific conditions and requirements of the NPDES Construction
Stormwater Permit issued to the site
a Design installation operation and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual The devices
shall be maintained on all construction sites borrow sites and waste pile (spoil) projects
including contractor owned or leased borrow pits associated with the project
b For borrow pit sites the erosion and sediment control measures must be designed installed
operated and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual
c Reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act and the Mining Act of
1971
d Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times
5 No waste spoil solids or fill of any kind shall occur in wetlands waters or riparian areas beyond the
footprint of the impacts depicted in the 404/401 Permit Application including incidental impacts All
construction activities including the design installation operation and maintenance of sediment and
erosion control Best Management Practices shall be performed so that no violations of state water
quality standards statutes or rules occur Approved plans and specifications for this project are
incorporated by reference and are enforceable parts of this permit
6 Sediment and erosion control measures shall not be placed in wetlands or waters Exceptions to this
condition require application submittal to and written approval by the Division of Water Quality If
placement of sediment and erosion control devices in wetlands and waters is unavoidable then design
and placement of temporary erosion control measures shall not be conducted in a manner that may
result in dis equilibrium of wetlands or stream beds or banks adjacent to or upstream and down stream
of the above structures All sediment and erosion control devices shall be removed and the natural
grade restored within two (2) months of the date that the Division of Land Resources or locally
delegated program has released the specific area within protect

Mr Tom Leap and Duke Energy
Page 4 of 5
January 24 2012
All work in or adjacent to stream waters 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 NC Sediment and Erosion Control Manual or the NC DOT Construction and Maintenance
Activities Manual such as sandbags rock berms cofferdams and other diversion structures shall be
used to minimize excavation in flowing water Exceptions to this condition require application
submittal to and written approval by the Division of Water Quality
Mr Tom Leap and Duke Energy Belews Creek Steam Station shall conduct construction activities in
a manner consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
State law and federal law If the Division determines that such standards or laws are not being met
(including the failure to sustain a designated or achieved use) or that State or federal law is being
violated or that further conditions are necessary to assure compliance the Division may reevaluate
and modify this Certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 2H 0507(d) Before modifying the
Certification the Division shall notify Mr Tom Leap and Duke Energy Belews Creek Steam Station
and the US Army Corps of Engineers provide public notice in accordance with 15A NCAC 2H 0503
and provide opportunity for public hearing in accordance with 15A NCAC 2H 0504 Any new or
revised conditions shall be provided to Mr Tom Leap and Duke Energy Belews Creek Steam Station
in writing shall be provided to the United States Army Corps of Engineers for reference in any
Permit issued pursuant to Section 404 of the Clean Water Act and shall also become conditions of
the 404 Permit for the project
9 Streams SCI SC5 SC7 SC8 and SC10 downstream of impact areas shall be visually monitored by
Duke Energy for loss of hydrologic function/flow and to determine if the streams continue to provide
aquatic life propagation and biological integrity per required in North Carolina Administrative Code
15A NCAC 213 0211 (1) Visual monitoring for each stream shall begin at the time upstream
impacts /fill occurs and shall continue until hydrologic function and stability is determined by the
Division of Water Quality Annual reports of visual monitoring and photographic documentation
shall be submitted to the Winston Salem Regional Office on June 1 of each year
10 A copy of the surface water monitoring plan as approved by the Division of Solid Waste shall be
submitted to the Division for each phase of the Craig Road Landfill Expansion 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
11 All mechanized equipment operated near surface waters should be inspected and maintained often to
prevent contamination of stream waters from fuels lubricants hydraulic fluids or other toxic
materials Concrete is toxic to aquatic life and should not be allowed to come in contact with surface
waters until cured
12 Sediment and erosion control measures should be installed prior to any land clearing or construction
These measures should be routinely inspected and properly maintained Excessive silt and sediment
loads can have numerous detrimental effects on aquatic resources including destruction of spawning
habitat suffocation of eggs and clogging of gills of aquatic species
13 This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal State or Local approvals
14 Upon completion of all permitted impacts included within the approval and any subsequent
modifications the applicant shall be required to return the certificate of completion attached to the

Mr Tom Leap and Duke Energy
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January 24 2012
approval One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650
Mail Service Center Raleigh NC 27699 1650
15 This certification grants permission to the director an authorized representative of the Director or
DENR staff upon the presentation of proper credentials to enter the property during normal business
hours
This Certification shall expire on the same day as the expiration date of the corresponding 404
Permit The conditions in effect on the date of issuance of Certification shall remain in effect for the
life of the project, regardless of the expiration date of this Certification
If this Certification is unacceptable to you you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings 6714 Mail Service Center Raleigh N C 27699 6714 If
modifications are made to an original Certification you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification Unless
such demands are made this Certification shall be final and binding
This the 24th day f Jan 2012
DIVISION F TE UALITY
Charles Wakild P E
C W/kah/ym
3879

-AG, X
DEMR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakild P E Dee Freeman
Governor Director Secretary
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H 0500 Mr Tom Leap and Duke Energy Belews Creek Steam Station have
permission to fill or otherwise impact 0 75 acres of 404 /wetland and 5 129 linear feet of stream associated with the
proposed landfill expansion protect at the site which is located within the Roanoke River Basin The site is located
off north of the terminus of Pme Hall Road near Belews Creek Stokes County North Carolina All activities
associated with these authorized impacts must be conducted with the conditions listed in the attached Permit
transmittal letter THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS
COMPENSATORY MITIGATION REQUIREMENTS ECOSYSTEM ENHANCEMENT PROGRAM
EEP Project Name
Craig Road Landfill Expansion
DWQ PROJECT #
20110645 Ver 2
LOCATION
Belews Creek
COUNTY
Stokes
BASIN/ SUB BASIN
Roanoke/ 03010103
As required by 15A NCAC 2H 0500 and the conditions of this Certification you are required to compensate for the
above mitigable impacts through the restoration creation enhancement or preservation of wetlands surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state
Note Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R 0503(b)
Impacts Mitigation
5 129 Linear Feet of Stream 5 129 Linear Feet of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R 0503 If you choose this option please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form PLEASE NOTE THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH N C 27699 1652
[phone]
Filename 110645Ver2DukeEnergyCraigRoadLandfill (Stokes)401_IC_EEP
Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center Raleigh North Carolina 27699 1650
Phone [phone] FAX [phone]
Internet hUp//poqalncdenrorg/web/wq/ws
An Equal Opportunity 1 Afnrmative Action Employer