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HomeMy WebLinkAbout20120588 Ver 1_Approval Letter_20120709"C ®EMR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman Governor Director Secretary July 9 2012 DWQ# 12 0588 Stokes County Jay Huntley Duke Energy 3195 Pine Hall Rd Belews Creek NC 27009 9157 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr Huntley You have our approval in accordance with the attached conditions to place fill or otherwise impact 0 032 acres of wetlands and 85 linear feet of stream in order repair and stabilize the Ash Basin dam at the Duke Energy Belews Station in Belews Creek, NC in Stokes County as described in your application received by the Division of Water Quality (Division) on June 13 2012 and After reviewing your application we have determined that this fill is covered by General Water Quality Certification Number 3883 which can be viewed on our web site at http / /www ncwaterqualrty org1wetlands html This Certification allows you to use Nationwide Permit Number 3 when it is issued by the U S Army Corps of Engineers In addition you should secure any other applicable federal state or local permits before you proceed with your project including (but not limited to) those required by Sediment and Erosion Control Non Discharge and Water Supply Watershed regulations Also this approval will expire when the accompanying 404 permits expire unless otherwise specified in the General Certification This approval is valid only for the purpose and design that you have described in your application If you change your protect 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 If total wetland fill for this protect (now or in the future) exceeds one acre or total fill to perennial streams equals or exceeds 150 linear feet additional compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) For this approval to be valid, you must follow the conditions fisted in the attached certification, as well as the additional conditions listed below The following impacts are hereby approved as long as all other specific and general conditions of this Certification are met No other impacts including incidental impacts are approved Stream Impacts Identifier Stream Impact length (feet) Site 1 Unnamed tributary to Dan River 85 linear feet permanent impact Total 85 hnear feet permanent im act North Carolina Division of Water Quality Winston -Salem Regional Office Location 585 Waughtown St Winston Salem North Carolina 27107 Phone 336 77150001 FAX 336 771-46301 Customer Service 1- 877.623 -6748 Internet www ncwaterquality org An Equal Opportunity 1 Affirmative Action Employer NorthCarollna NaAlrall'y Duke Energy DWQ# 12 0588 July 9 2012 Page 2 of 3 Wetlands Impacts Identifier Type of Impact Impact area (acres) W1 Riprap fill 0 032 acres permanent impact Total 0 032 acres permanent un act 2 Upon finishing the project the Applicant shall fill out and return the enclosed Certificate of Completion to notify NCDWQ when all work included in the §401 Certification has been completed This certificate should be returned to the Winston Salem Regional Office of the NCDWQ at the address listed on the form 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 which 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 the Division of Water Quality under Section 401 of the Clean Water Act If you have any questions please contact Sue Homewood in the DWQ Winston Salem Regional Office at 336 771 -4964 or at sue homewood@ncdenr gov Sincerely r/K Charles Wakild PE Director Division of Water Quality cc John Thomas U S Army Corps of Engineers Raleigh Regulatory Field Office (via email) David Homans S &ME (via email) DWQ Winston Salem Regional Office DWQ WBSCAP Unit