20120385 Ver 1_Approval Letter_20120423

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NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
Mr Danielle Anderson
Duke Energy Corporation
526 South Church Street
Charlotte NC 28202
Subject Graham Street Stabilization Structure #5
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Anderson
Dee Freeman
Secretary
Apr1123 2012
DWQ# 12 0385
Mecklenburg County
You have our approval in accordance with the general certification and those conditions listed below
to impact 120 linear feet (If) of Stewart Creek in order to complete the project in Mecklenburg County as
described in your application received by the Division of Water Quality (DWQ) on April 18 2012 After
reviewing your application we have determined that this project is covered by Water Quality General
Certification Number 3884 which can be viewed on our web site at
http //portal ncdenr org /web /wq /swp /ws /401 The General Certification allows you to use Nationwide Permit
Number 12 once it is issued to you by the U S Army Corps of Engineers Please note that you should get any
other federal state or local permits before proceeding with your project including those required by (but not
limited to) Sediment and Erosion Control Non Discharge and Water Supply Watershed regulations
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification 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 in writing and you may be required to send
us a new application for a new certification 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
In addition to the requirements of the certification you must also comply with the following conditions
1 The Mooresville Regional Office shall be notified in writing once construction at the approved Impact areas
has commenced
2 Work shall be conducted in the dry Immediately upon completion of the installation water flow shall be
returned to its natural course Existing stream dimensions (Including the cross section dimensions pattern
and longitudinal profile) must be maintained (or restored via constructed benches) above and below
locations of each culvert
3 Stormwater discharge structures at this site shall be constructed In a manner such that the potential receiving
streams (of the discharge) will not be Impacted due to sediment accumulations scouring or erosion of the
stream banks
Mooresville Regional Office One
Location 610 East Center Avenue Suite 301 Mooresville NC 28115 NorthCarolina
Phone [phone] \Fax [phone]\ Customer Service 1 877 623 6748 ����y�� //�
Internet http //portal ncdenr org /web /wq 6 z
An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper

4 Upon completion of the project the applicant shall complete and return the enclosed Certificate of
Completion form to the 401/Wetlands Unit of the NC DWQ
5 Continuing Compliance The applicant (Duke Energy Corp ) shall conduct all activities in a manner so as not
to contravene any state water quality standard (including any requirements for compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law If DWQ
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 DWQ may reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15 A NCAC 2H 0507(d) Before
codifying the certification DWQ shall notify the applicant 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 the applicant 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
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 that 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 DWQ under Section 401 of the Clean Water Act If you have any
questions please telephone Mr Alan Johnson in the Mooresville Regional Office at 704 663 1699 or Ms Karen
Higgins in the Central Office in Raleigh 919 807 6360
Sincerely
for Charles Wakild P E
Attachments
cc Army Corps of Engineers Asheville
Karen Higgins Wetlands Unit