20120615 Ver 1_Approval Letter_20120727

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
PPVPrly Eaves Perdue Charles Waklld P E Dee Freeman
Governor Director Secretary
July 27 2012
Mr William J Thacker
Progress Energy LLC Inc (PEC)
10660 Boston Road
doxboro iv C, 2'/.)'/,+
RP M,-,m CCP MnnniFill Ci *- Oersn^ Co inl}
Bowes Branch (030205 22 58 14 C)
DIVISION #2012 0615 USACE Action ID No SAW 2011 00181
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Thacker
Attached hereto is a copy of Certification No 3935 issued to Mr William J Thacker and PEC dated July
27 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
Sincerely —
1-�harles Wakild P E
Attachments Certificate of Completion
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
cc Jeff Garnett EPA Sam Nunn Federal Center 61 Forsyth Street SW Atlanta GA 30303
U S Army Corps of Engineers Raleigh Regulatory Field Office Wilmington District USACOE
Lauren Witherspoon Division Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
L a
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Filename 120615MayoCCPMonofillSite (Person)401_IC

4
Mr William J Thacker and PEC
Page /. of5
i„1j27 2012
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTWICATION iJ issueu w conivi -mity with Lhe roquirvinemb of Section 101 , Pubhi, Lawb 72
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 William J Thacker and PEC have Dermission to fill or
otherwise impact 4 733 linear feet of stream (2 074 linear feet associated with Phase I and 2 659 linear feet
associated with proposed future phases of the site) associated with the proposed construction of the Mayo
Coal Combustion Product (CCP) Monofill site (a dry ash monofill facility to replace the current wet ash
handling system that that directs CCPs to be disposed in wetponds) which is located on the east side of SR
1327 (Woodvs Store Road approximately 1 4 miles northwest of the intersection of SR 1329 (Bethel Mill
School Road) and US 501 (Boston Road) 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 U S Army Corps of Engineers issued on the 12 day of April of 2012 and received by the Division on
June 25 2012
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
Stream
4 733 f (linear feet) 2 074
Application and Public Notice
linear feet associated with
Phase I and 2 659 linear feet
associated with proposed
future phases of the site]
2 Compensatory Mitigation — Phased Mitigation
Mitigation must be provided for the proposed impacts associated with Phase I as specified in the
table below We understand that you wish to make a payment to the Stream Restoration Fund

Mr William J Thacker and PEC
Page -i of :)
K ly 27 2012
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 —
i% 05yOu. i i i a"ccri cn ° v��an^ vr�lCC) iv i" �aC o op%� Cu ^ ti o "iu +''CC zw o`i Cc~t
shall occur 1 he ELP should be contacted at [phone] it 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 TCompensatory Mitigation Required River and Sub basin Number
Stream 12 075 (lmear feet) Roanoke /03010104 ✓___
it is our understanding based on your application that no Curtner disturbance on the site win occur
for 15 20 years Therefore no specific method for providing compensatory mitigation at this
time is proposed However compensatory mitigation for proposed future stream impacts will be
provided by PEC in a manner that is acceptable to the USACE and the Division and approved by
the USACE and the Division prior to the occurrence of the proposed impacts
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 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
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
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

Mr William J Thacker and PEC
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' ' 2012
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quality standards statutes or rules occur Approved plans and specifications for this project are
incorporated by reference and are enforceable parts of this permit
5 Sed a ^d ero..io^ cori* of -Peas, es sha'I not be placed n vetla--ds o N atc ~3 L ticepdon- Lc till
condition require application submittal to and written approval by the Division or 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 project
7 All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in
contact witn the disturbea 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
8 Mr William J Thacker and PEC 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 William J Thacker and PEC 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
William J Thacker and PEC 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 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
10 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
waterclmt&=ed
I I 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
12 This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal State or Local approvals

Mr William J Thacker and PEC
Pago 5 of
r� ly 27 2012
Re opener Clause
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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 Mr William J Thacker and PEC shall require its contractors (and/or agents) to comply
with all of the terms of this Certification and shall provide each of its contractors (and/or agents) a
copy of this Certification A copy of this Certification shall be included in the construction contract
and available on the job site at all times 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 NCAU u21-i ou /(d) tserore modifying the
certification the Division shall notify Mr William J Thacker and PEC and the US Army Corps of
Engineers provide public notice in accordance with 15A NCAC 02H 0503 and provide opportunity
for public hearing in accordance with 15A NCAC 02H 0504 Any new or revised conditions shall be
provided to Mr William J Thacker and PEC 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
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
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 protect, regardless of the expiration date of this Cerhfication
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 27�- day of Ju1y-2012
DIVI ION QF WATER ALITY
Charles Wakitd P E
CW/kah/ym
3935

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MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakild P E
Governor Director
North Ca of ^» D,% on of \tiara n alih
401 Water Quality Certification
S.irrrnar, of Pe— t* °d '-part »nd NA t gat on Raq-, ements
Dee Freeman
Secretary
in accordance with 15A NCAC 2H 0500 Mr William J Thacker and Progress Energy LLC Inc Belews Creek
Steam Station have permission to fill or otherwise impact 4 733 linear feet of stream (2 074 linear feet associated
with Phase I and 2 659 linear feet associated with proposed future phases of the site) associated with the proposed
construction of the Mayo Coal Combustion Product (CCP) Monofill site (a dry ash monofill facility to replace the
current wet ash handling system that that directs CCPs to be disposed in wetponds) which is located on the east side
of SR 1327 (Woodys Store Road approximately 14 miles northwest of the intersection of SR 1329 (Bethel Hill
S -'-ovi Road) --id �,S 5C (Bo o~ Po-d) -o-h cf'Pc °bcm Pe so^ Cc--, rrcrt}, C-rcl na All art tlPq
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 Mayo CCP Monof ►II Site
DWQ PROJECT # 20120615
LOCATION Roxboro
COUNTY Person
BASIN/ SUB BASIN Roanoke/ 03010104
As required by 15A NCAC 2H 0500 and the conditions of this Certification you are required to compensate for the
above mit►gable 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
2 075 Linear Feet of Stream
12 075 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
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH N C 27699 1652
[phone]
Filename 120615MayoCCPMonofillSite (Person)401_IC_EEP
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