20120617 Ver 1_Approval Letter_20120712

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 12 2012
DWQ# 12 0617
Stanly County
Alcoa Power Generating Inc
Mr Kirk Gribben
201 Isabella Street
Pittsburg PA 15212
Subject Badin Lake Remediation
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Gribben
You have our approval in accordance with the general certification and those conditions listed below
to impact 3 74 acres of lake bottom (excavate 002 acres) in order to remove contaminated soil from Badin
Lake in Stanly County as described in your application received by the Division of Water Quality (DWQ) on
June 21 2012 After reviewing your application we have determined that this project is covered by Water
Quality General Certification Number 3896 which can be viewed on our web site at
http //portal ncdenr org /web 1wg /swp /ws /401 The General Certification allows you to use Nationwide Permit
Number 38 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
The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas
has commenced
2 All contaminated soil (excavated or from dewatering /clean up) shall be captured If stored on site the
contaminated soil shall not be in contact with the ground Contaminated soil shall be disposed in a state
approved manner or site
3 If required use of native vegetation and other soft stream bank stabilization techniques must be used where
practicable instead of nprap or other bank hardening methods If riprap is necessary it shall not be placed in
the streambed unless approved by DWQ
Mooresville Regional Office One 1.
Location 610 East Center Avenue Sude 301 Mooresville NC 28115 1�0 ffC�yarrotlna
Phone [phone]\Fax (704) 663 - 6040\ Customer Service 1 877 623 6748 G�`K` Q��
Internet http //portal ncdenr org/web/wq 1/
An Equal Opportunity/Affirmative Action Employer — 50% Recycled /10°/ Post Consumer Paper �/

4 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 Preconstruction Notification application All construction activities
associated with this project shall meet and /or exceed those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards statutes or rules occur
5 Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable If placement of sediment and erosion control devices in wetlands and waters is unavoidable
they shall be removed and the natural grade restored within two months of the date the Division of Land
Resources has released the project
6 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 Please send photographs of the completed
work
7 Continuing Compliance The applicant (Alcoa Power Generating Inc ) 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 Wakdd P E
Attachments
cc Army Corps of Engineers Asheville
Karen Higgins Wetlands Unit
MRO Land Quality
Timothy Gessner BHE Environmental Inc 11733 Chesterdale Rd Cincinnati OH 45246

DWQ Project No
Applicant
Not-ice Of Initiation of Construction
To be completed by DTVQ
2 County
(,4,U
Project Name (,f I C dc"
���E'�
Date of Issuance of 401 Water Quality Certification
Upon initiation of impacts approj ed by the issuance of this 401 Water Quality Certification/Buffer
4uthonzation the applicant is required to return this notice (condition #1 per approval) to
DVv Q SWP Section Mooresville Regional Office
610 East Center Avenue Suite 301
Mooresville NC 38115
Or
Fax to the attention of Alan Johnson at 704 663 6040
4pplicandAuthorized Agent's Certification
I hereby state that to the best of my abilities due care and
diligence the approved impacts hai e begun to be constructed The proposed impacts are to be
installed/constructed /completed iA itlun substantial compliance and intent of the 401 Water Qualitti
Certification/Buffer Rule Authorization the approved plans and specifications and other supporting
materials
Date of initiation of Construction
Signature
Title
Date

Certificate of Completion
DWQ Protect No 1 Z r occ? County J
IV-
Applicant
Project Nai
Date of Issuance of 401 Water Quality Certification ?—(?--(2
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules
and any subsequent modifications the applicant is required to return this certificate to the
401 /Wetlands Unit North Carolina Division of Water Quality 1621 Mail Service Center Raleigh
NC 27699 1621 This form may be returned to DWQ by the applicant the applicant s authorized
agent or the project engineer It is not necessary to send certificates from all of these
Applicant's Certification
I hereby state that to the best of my abilities due care and
diligence was used in the observation of the construction such that the construction was observed to
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules the approved plans and specifications and other supporting materials
Signature
Agent's Certification
Date
I hereby state that to the best of my abilities due care and
diligence was used in the observation of the construction such that the construction was observed to
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules the approved plans and specifications and other supporting materials
Signature
If this project was designed by a Certified Professional
Date
I as a duly registered Professional
(i a Engineer Landscape Architect Surveyor etc ) in the State of North Carolina having been
authorized to observe (periodically weekly full time) the construction of the project for the
Permittee hereby state that to the best of my abilities due care and diligence was used in the
observation of the construction such that the construction was observed to built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans
and specifications and other supporting materials
Signature Registration No Date