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HomeMy WebLinkAbout20060645 Ver 3_401 Application_201302153195 Pine Hall Road Duke Belews Creek NC 27009 Energye 919 - 546.7457 919 - 5464409 fax 6 February 12, 2013 20130 15 Ms. Karen Higgins North Carolina Division of Water Quality Wetlands, Buffers, Stormwater— Compliance and Permitting Unit COURTESly 1650 Mail Service Center Raleigh NC 27699 -1650 Cro p i v Subject: Belews Creek Steam Station Craig Road Landfill Expansion, Stokes County Landfill Intake Structure — Dust Suppression Dear Ms. Higgins: Duke Energy Carolinas, Inc. is proposing to install an intake structure at its ash landfill site on Craig Road at the Belews Creek Steam Station located in Stokes County, North Carolina. The intake is needed to meet the dust control requirements of the solid waste permit. The current water source for dust suppression is remote to the landfill site. Attempts were also made to drill groundwater wells for a water source; however, drilling was unable to locate a well with sufficient yield. As an alternative, we are pursuing a nationwide permit to allow for the construction of an intake structure on Belews Lake, which is both close to the Craig Road Landfill site and a sufficient water source. The project will consist of the installation of a lake intake screen to develop a landfill water supply system for wetting of roadways and undercarriage truck washing station. Impacts to Section 404 jurisdictional area for the project include the excavation of a trench in Belews Lake approximately 3' wide, 2' deep and 30' long for suction piping. The impacts of the excavation have been minimized by the use of concrete ballasts to hold down piping. Impacts to Section 404 jurisdictional areas will be limited to 0.002 acres of open waters. Duke Energy Carolinas, Inc. believes that this project does not meet any of the nine (9) thresholds required by Water Quality Certification No. 3890 for written concurrence by DWQ. Therefore, we are enclosing two (2) copies of the Pre - Construction Notification (PCN) to your office for your files. Thank you for your assistance with this project. If you have any questions or comments regarding this letter please contact me at (919) 546 -7457 or steve.cahoonD- r)gnmail.com. Sincrely, ;epo'hen G. Cahoon Sr. Environmental Specialist Enclosures www.duke-energy.com aF wArF9o� O K -* 20 130 15 6 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre - Construction Notification (PCN) Form COURTESY A. Applicant Information COPY 1. Processing la. Type(s) of approval sought from the Corps: Q Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? © Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑X Yes ❑ No For the record only for Corps Permit: © Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes © No 2. Project Information 2a. Name of project: Belews Creek Landfill, Belews Lake Withdrawal 2b. County: Stokes County 2c. Nearest municipality / town: Walnut Cove, NC / Stokesdale, NC; Township of Belews Creek 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. . 3c. Responsible Party (for LLC if applicable): Duke Energy Corporation � 3d. Street address: 3195 Pine Hall Road F l: !� 1 b Z G 13 3e. City, state, zip: Belews Creek, NC 27009 3f. Telephone no.: 919 - 546 -7457 Wetlands K UALITY 3g. Fax no.: 1919-546-4409 3h. Email address: I steve.cahoon @duke- energy.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: A. Email address: S. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): PIN:6982 -00-64 -2715 1 b. Site coordinates (in decimal degrees): Latitude: 36.2691 Longitude: -80.0737 1c. Property size: 6,099.61 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Belews Lake 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Roanoke River 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site consists of woodlands, lake coastline and the existing ash landfill for the Belews Creek Steam Station. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: Installation of a lake intake screen to develop a landfill water supply system for wetting of roadways and undercarriage truck washing station 3e. Describe the overall project in detail, including the type of equipment to be used: Construction and installation of a lake Intake screen, pump station, storage tank and truck off loading station at the facility ash landfill. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑X Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency /Consultant Company: I Other: S &ME 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. November 28, 2012 (date of receipt stamped maps) S. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? © Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. USACE Permit #2011 -00972 6. Future Project Plans 6a. Is this a phased project? ❑ Yes © No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑ Streams — tributaries ❑ Buffers Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 - Choose one Choose one Yes /No W2 - Choose one Choose one Yes/No W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No W5 - Choose one Choose one Yes /No W6 - Choose one Choose one Yes /No 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one S2 - Choose one S3 - Choose one S4 - Choose one S5 - Choose one S6 - Choose one 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 T Belews Lake Excavation Lake 0.002 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 0.002 4g. Comments: "cavation Will tie minimmea oy ine use 51 concrete callasts to nola oown piping. I Here Win oe no increase will be approximately 3' wide, 2' deep and 30' long for suction piping 5. Pond or Lake Construction If Pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWO) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet ) 6g. Zone 2 impact (square feet B1 - Yes /No B2 - Yes /No B3 - Yes/No B4 - Yes /No B5 - Yes/No B6 - Yes /No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The intake will be positioned as close to the lake bank as possible to reduce excess disturbance. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The pipe installed for the intake will be fused HDPE and anchored with concrete ballasts to allow the contractor to set the entire pipe and intake in place without the need for trenched excavations. This method minimizes disturbance to the lake. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes Q No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete If Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes OX No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 2b. Does this project require a Stormwater Management Plan? ❑ Yes © No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The Belews Creek Facilities including the landfill area and this project area are already covered by a completed Stormwater Management Plan. Total additional Impervious area added by this project includes only the roof area of the proposed pump building (240 SF). 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II ❑ NSW 3b. Which of the following locally- implemented stormwater management programs USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state - implemented stormwater management programs apply ORW (check all that apply): HSession Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stonmwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes © No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after- the -fact permit application? ❑Yes ❑X No 2c. if you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes Q No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. There is no sewage disposal or treatment involved with this project. Page 9 of 10 PCN Form — Version 1.4 January 2009 6. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or El Yes 0 No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes 0 No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. 5d. What data sources did you use to determine whether your site would Impact Endangered Species or Designated Critical Habitat? USFWS online services 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes © No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Anadromous Fish Spawning Area Maps, NCDENR website 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation Yes 0 No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NCHPO HPOWEB GIS Service 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodpiain? -T-0 Yes 0 No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodpiain determination? Steve Cahoon Applicant/Agent's Printed Name 'Applicant/Agent's Signature ( ate (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 APPENDIX I (PCN Section B.5.b.) Department of the Army Permit #2011 -00972 and Supporting Documentation DEPARTMENT OF THE ARMY PERMIT Permittee: DUKE ENERGY BELEWS CREEK STEAM STATION, Ms. Joette Covington Permit No: 2011 -00972 Issuing Office: CESAW -RG -R NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: Proposed project includes the permanent discharge of fill impacts to 5,129 linear feet of jurisdictional stream channels and 0.27 acre of jurisdictional forested wetlands adjacent to West Belews Creek (Belews Lake), associated with the proposed expansion of the existing Craig Road Landfill (including potential expansion into the adjacent FGD Landfill) that services the Duke Energy Belews Creek Station (BCS). Project Location: The project location is the existing Craig Road Landfill located off of the abandoned Craig Road on BCSS property south of Pine Hall, in Stokes County, North Carolina (36.2661600N, - 80.071100 °W). General Conditions: 994q 1. The time limit for completing the work authorized ends on December 31.400. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. ENO Form 1721, Nov 86 EDITIONS OF SEP 82 IS OBSOLETE (33 DFR 325(Appendix A)) 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: SEE ATTACHED SPECIAL CONDITIONS Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 2 *U.S. GOVERNMENT PRINTING OFFICE: 1986.717 -425 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. 3 U.S. GOVERNMENT PRMTMO OFFICE: 1986 - 717 -425 Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. 8JILAL- J'M� 61?-V) 2 (PERMITIEE) CE ENERGY BELEV CREEK STEAM STATION (DATE) • This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (DISTRICT COMMANDED) STEVEN A. BAKER, COLONEL (DATE) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terns and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) 4 •u.s. GOvma*,iENT PumNo oFFicE :1986 - 717.425 Special Conditions, Action ID SAW-2011-00972: Duke Enerev's Belews Creek Steam Station Craig Road Landfill Expansion (including potential expansion into the adjacent FGD Landfill) WORK LIMITS a) All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers ( USACE) prior to implementation. b) Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land - clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. c) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land - clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. d) Temporary fills must be removed in their entirety and the affected areas returned to pre - construction elevations. The affected areas must be revegetated, as appropriate. RELATED LAWS e) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the penmittee shall immediately report it to the N.C. Division of Water Quality at (919) 807 -6300 or (800) 858 -0368 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. PROJECT MAINTENANCE f) Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. g) The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. Special Conditions, Action ID SAW -2011- 00972; Duke Energy's Belews Creek Steam Station Craig Road Landfill Expansion (including potential expansion into the adjacent FGD Landfill) h) The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I 3 Article 4). i) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre - project condition. ENFORCEMENT j) Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. CULVERTS k) All authorized culverts will be installed to allow the passage of low stream flows and the continued movement of fish and other aquatic life as well as to prevent headcutting of the streambed. For all box culverts and for pipes greater than 48 inches in diameter, the bottom of the pipe will be buried at least one foot below the bed of the stream unless burial would be impractical and the Corps of Engineers has waived this requirement. For culverts 48 inches in diameter or smaller, the bottom of the pipe must be buried below the bed of the stream to a depth equal to or greater than 20 percent of the diameter of the culvert. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in disequilibrium of wetlands or streambeds or banks, adjacent to, upstream or downstream of the structures. In order to allow for the continued movement of bed load and aquatic organisms, existing stream channel widths and depths will be maintained at the inlet and outlet ends of culverts. Riprap armoring of streams at culvert inlets and outlets shall be minimized above the ordinary high water elevation in favor of bioengineering techniques such as bank sloping, erosion control matting and revegetation with deep - rooted, woody plants. BORROW AND WASTE 1) To ensure that all borrow and waste activities occur on high ground and do not result in the degradation of adjacent wetlands and streams, except as authorized by this permit, the permittee shall require its contractors and/or agents to identify all areas to be used to borrow material, or to dispose of dredged, fill, or waste material. The permittee shall provide the USACE with appropriate maps indicating the locations of proposed borrow or waste sites as soon as the permittee has that information. Special Conditions, Action ID SAW - 2011 - 00972; Duke Enem's Belews Creek Steam Station Craie Road Landfill Expansion (includine potential expansion into the adjacent FGD Landfill) The permittee will coordinate with the USACE before approving any borrow or waste sites that are within 400 feet of any streams or wetlands. All jurisdictional wetland lines on borrow and waste sites shall be verified by the Corps of Engineers and shown on the approved reclamation plans. The permittee shall ensure that all such areas comply with Special Condition b) of this permit, and shall require and maintain documentation of the location and characteristics of all borrow and disposal sites associated with this project. This information will include data regarding soils, vegetation and hydrology sufficient to clearly demonstrate compliance with the Special Condition b). All information will be available to the USACE upon request. The permittee shall require its contractors to complete and execute reclamation plans for each waste and borrow site and provide written documentation that the reclamation plans have been implemented and all work is completed. This documentation will be provided to the Corps of Engineers within 30 days of the completion of the reclamation work. MITIGATION m) In order to compensate for impacts to 5,129 linear feet of stream and 0.75 acre of wetland the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in the amount determined by the NCEEP, sufficient to perform the restoration of 5,129 linear feet of warm water stream and 0.75 acre of riparian wetlands in the Roanoke River Basin, Cataloging Unit 03010103. Construction within jurisdictional areas on the property shall begin only after the permittee has made payments per the below mitigation table to the NCEEP and provided a written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required by the Ecosystem Enhancement Program (EEP), as outlined in the letter dated December 13, 2011, from Michael Ellison, EEP Deputy Director. Pursuant to the In- Lieu -Fee Instrument signed July 28, 2010, between the State of North Carolina, Ecosystem Enhancement Program and the US Army Corps of Engineers. The applicant will make phased mitigation payments to the NCEEP as listed in the table below. The cost of credits will be the current price at the time of payment, not the current price at the time the permit was issued. No work on any phase of the project shall begin until the payment for that phase has been issued to the NCEEP. Phase Number Impact Areas Mitigation Required Mitigation Payment Deadline 1,106 linear feet (10 of C8, SC9, SC10, stream and 0.241 acre of C2, WC3, WC4 riparian wetland at a 1:1 12/31/2012 mitigation ratio C7 8841f of stream at a 1:1 12/31/2017 I mitigation ratio 1 Mitigation Payment Deadlines are based on the Phased Mitigation Schedule (dated February 10, 2012). The phased development of the project and corresponding mitigation payment deadlines may vary based on actual waste generation and disposal rates. Phase Impact Areas Mitigation Required Mitigation Payment Deadline Number 1,9231f of stream at a C5 and SC6 1:1 mitigation ratio 12/31/2022 No Impacts N/A N/A 6991f of stream and C1, SC2, SC3, 0.017 acre of riparian wetland at a 1:1 12/31/2032 C4, WC1 mitigation ratio 5171f if stream and 0.5 FGD F1, SF2, SF3, acre of riparian wetland To be determined 1, WF4, WF4 -A at a 1:1 mitigation ratio FGD - The schedule and necessity regarding the possible expansion of the Alternative D location - the existing flue gas desulfurization residue (FGD) landfill, is currently unknown. Following Phase 6 of the Craig Road Landfill expansion, should Alternative D become necessary to expand, the compensatory mitigation fees for impacts associated with streams SF1, SF2, SF3 (combined 517 If) and wetlands WF1, WF4, WF4 -A (combined 0.5 Ac), would be compensated through the North Carolina Ecosystem Enhancement Program at a 1:1 mitigation ratio. n) The North Carolina Division of Water Quality (DWQ) permit/certification number WQC003879 was issued for this project on January 24, 2012. Special conditions were issued associated with this water quality permit/certification and a copy of these conditions is attached as Exhibit A. These referenced conditions are hereby incorporated as special conditions of this permit. North Carolina Department of Environment and Natural Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Govemor Dlrector 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 I& Leap: RECEIVED JAN 2 6 2012 RALEIGH REGULATORY FIELD OFFICE Dee Freeman Secretary Attached hereto is a copy of Certification No. 3879 issued to M. 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, Sedimenf 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. Sin ly, 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: 110645Va2DukeEnaMg CraigMedLandfill (Stokes )401 IC Wetlands, Buffers, Storrnaater, Compliance and Permitting (Webscape) Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Exhibit A Phone: 919.807.63001 FAX: 919$07.6494 Internet http9lport8Lnalenr .org/webhrrgMus An Eoual Opportunity 1 Affirmative Action Employer bIr. Tom heap 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 1&. 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 DMSION on June 13, 2011, and by Public Notice by the U.S. Army Corps of Engineers issued on the 23d 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 211.0506 (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 shalt 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: I. 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 nits Plan Location or Reference 404/R.i avian Wetlands 0.75 acres Application and Public Notice Stream (perennial) S 129 &ear 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 DMSION to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR — Ecosystem Enhancement .r. 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 (919) 733 -5205 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: 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 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 404/401Permit 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 project. Mr. Tom Leap and Duke Energy Page 4 of 5 January 24, 2012 7. 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. 8. Mr. Torn 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 ISA 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 I SA NCAC 2H.0504. Any new or revised conditions shall be provided to W. Tom Leap and Duke Energy $elews 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 Pennit for the project; 9. Streams SCI, SCS, SC7, SC8 and SC 10, 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 2B .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 d"ction 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 .,a. Tom Leap and Duke Energy Page 5 of 5 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 DM 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 I SOB 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. TW the 241, day f Jan 2012 DIVISION F TE UALITY Charles Walcild, P.E. CW /kah/ijm 3879 North Carolina Department of Environment and Natural Resources DMsion of Water Quality Beverly Eaves Perdue Chuck Wakild, P.E. Dee Freeman Governor Director Seicretm 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 11aear 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 offnorth of the terminus of Pine 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 Certifl6don, 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 280503(b). One ofthe options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 280503. 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 (919) 716 -0476 Fllceame: 11064SVm2DukcEnmwCndgRoadLendG11 (Stokes)401_IC_EEP Wetlands, Buffers, Stormwater, Compliance and PermON Unit (WeBSCaPs) 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Phone: 919-807.63001 FAX: 919-807.6494 Internet http :l /podal.ncdenr.org/wMh Wm An Equal Opportunity 1 Ali relative Action Employer I N b Stokes ?, County • tt zo2 -``rown�G`80k 82 Guilford �. �r •. � Forsyth County F f�;l County t13�ap1 i �/1 ga 108 8B `; Stokes 4.6 00: _ RD ckinghem County County • ems,, +U,7 0. ProjectArea - mw . REFERENCFA THBABOVB INFORMATION WAB ourA1NED Emu aTREffmw DATABBT: PLEABB NOTETNI¢ MAP IB FOR 11INFORMAYIONALPURPO8E8ONLYIT 113 NOTMBANTFORDEMON .LEGAL,ORANYOTHERWES.T EARB 0 NO GUARANTEEBABOULRBACCURACY. 83ME, On ASSUMES No RE8PO1181a0.1TY FOR ANY DECISION MADE ORANYAOMONG.TAItEN BY 7HO UGER BASED UPONTH191NkORMA710N. 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' ••li'''•- r si'. r 5� t ji ery'.'r r:p •r %t : -t.&. - +TN•t' � t•,; •.��:i .Y' rL•'f�4'..,5 .ili- t ,} r Z• I.L. �1r��:, •fit ' j ' a• + f, t • __pppptt �� y;'1'? 4 ' ' "` :,t�`*• ,•.' .,°jy' ,• • ' i' •, , t, (� t,r�y: 1' �' "e`` • r. '.tj '�1 ` 'J1' �� •tJ���i, r '7h.t('`r' .t,.i, ••. ;.ri�• .vy�f. s.. �' +,.,u \ v APPROXIM ��p SCAM r. 15a °m 11.04.2011 MA ® OF THE P S &Mr Paosear►ttx WAMer Duce Stew Il�SS -10041 DDH LendfHi Mwe�iw,Stasmtc.coee J dleacener DMP Stokes C oAh cerotlna APPENDIX 11 (PCN Section CA) Site Location Map r� '� 1 ,r� 1 rl a 1 � � '� Y �� � r _ � ' ayy , � • pay �•` �'y. C � \ iJ lr'� �,, �� , II\♦ Y��i„ } tr 1; 4>rj J��-.� �(, 4� � I 1 �� �° � I ��� : � `•'t % '��l j t r'_ ( � , \ � V I � : <.i''`J,,..�✓ , `J � j � `; i I (/° 1 ,�n t .�f CIO tit ;� •�� � � I ;1k� `n�"' I ` _ �' � f •-`�a� �° 5 _ r- �'r � t V i 1 _ f.— f~ ✓ �• J J O S t \1 r ,..,• .,� �.� '��,1 —mss" '- ,. `iS A t �� �/ • �. r �4� jJ i w v, I Culp I ! .•J elk 4: 3 I tiht , t > r _ h Duke SCALE: r = 20oo Des: MWH "LANDFILL CREEK STEAM STATION � Dewberry® DWG TYPE: DWG DFTR: MND LANDFILL RAW WATER INTAKE &TRUCK FILL STATION Dewberry 8 Davis, Inc. (Energy® JOB N0:R0066299 CHKD: RSE FOR DSGS DATE: 11 .9.2012 ENGR: MWX I DWG SIZE I DRAWING NO SHEET NO REVISION Fnx aaa>e>.vi FILENAME: FILENAME - APPD: MNH ANS1T' IB 50056299 FIGURE 4.5 0 11 "x APPENDIX I I I (PCN Section CA) Impact Location & Detail Map: 01, 01A 0 \500562c)9\CA)\C- \Co,:i AD:)'Ovo )-ow-Igs\Co•3 A3'3-0V0 d.g. 12/7/2012 917 13 AM, MCO IS cf; c ;a n 1% 4' 0 > o 55 AIR IP > 0 BELEWS CREEK STEAM STATION LANDFILL RAW WATER INTAKE a TRUCK FILL STATION DFM. we 'm f -dwEneMy. NO: RU FOR SITE 'ooll C, cf; c ;a n 1% 4' % % j t Iiii AIR IP I& DUke BELEWS CREEK STEAM STATION LANDFILL RAW WATER INTAKE a TRUCK FILL STATION DFM. we 'm f -dwEneMy. NO: RU FOR SITE 'ooll C, 1poo OATS: im 7 0'000o m"No"o SHEET No str4mm MUL FlUMN 1 50056299 % % j t Iiii IP I& DUke BELEWS CREEK STEAM STATION LANDFILL RAW WATER INTAKE a TRUCK FILL STATION DFM. we Dowbe D940" & Dalb, br- f -dwEneMy. NO: RU FOR SITE PLAN 1poo OATS: im 7 0'000o m"No"o SHEET No str4mm MUL FlUMN 1 50056299 FIGURE 4.1 0 INTAKE LOCATION WATER TANK AND TRUCK FILL CRAIG ROAD LANDFILL INTAKE LOCATION AERIAL FIGURE 4.1 -1 y *t PROPOSED EXPANSION EXISTING LANDFILL Nk",%, 4 0 D m C$7 ! Dewberry Pk. E yw® Dewberry &Davis, Inc. rrx ur.rw.avi FILENAME: FILENAME / � D Z D � m m 0 D D / Z O Z r SCALE: V • 20' DES: MWN BELEWS CREEK STEAM STATION DWG TYPE: DWG OFT R: MNC LANDFILL RAW WATER INTAKE & TRUCK FILL STATION JOB NO:50056289 CHKD: RSE FOR BALLAST AND PUMP STATION PLAN VIEW DATE: 10.2542012 ENGR: MA'H DWG SIZE DRAWING NO. SHEET NO, REVISION APPD: MWH ANSIB 1117. 50056299 FIGURE 4.4 0 APPENDIX IV (PCN Section CA) Construction Details: Hydraulic Profile; Ballast Detail � \50055299 \CAS \Cw, 2 lye •a i c -oh a dog, 1211012012 120 00 AH, �iasbigs 0 s a rn 0 P 3 0 0 0 i it s 4 0 i u n V O N SUCTION PIPE SADDLE CONNECTION - STRAP 1/2'x4" STAINLESS STEEL WITH 3/4' DIA x 12' LONG EXPANSION ANCHOR z, 03 CLOSED — STIRRUPS AT 9" O.C. SPACING 2" CLR (TYP) PIPE C L N/A L N/A 35°° 3500' (TAPERED 6" ROUND ORIFICES (TYP. OF 12 PER PIPE) LIFTING HOOKS (TYP. BOTH SIDES OF PIPE) /I\ L (3) #6 BARS 1 j • (2) #5 BARS �•.. d• ..:: . •s. • d: . S � (3) $6 BARS CONCRETE BALLAST BEAM (4.000 PSI 28 -DAY STRENGTH) CONCRETE BALLAST SECTION VIEW SCALE: N.T.S. .Z. O LL t- a rn W H $ O g N 3 3 Mg I 30° Q y O aC � J 96 5 L N r l "ll ul s 6 of �H$aa clb e pill- Qs�E 3� �a APPENDIX V NCWRC Trout Letter Dated May 15, 2012 Belews Lake C_l North Carolina Wildlife Resources Commission 0 Gordon Myers, Executive Director May 15, 2012 Mr. David Homans S &ME, Inc. 9751 Southern Pine Blvd. Charlotte, NC 28273 -5560 SUBJECT. Duke Energy Belews Creek Steam Station Ash Basin Dam Maintenance, Stokes County S &ME Project No.s 1356 -12 -009 Dear Mr. Homans: Biologists with the North Carolina Wildlife Resources Commission (WRC) received your April 26, 2012 letter in which you inquired about any trout concerns associated with repairs to the ash pond dam at Duke Energy's Belews Creek Steam Station. Comments from the WRC are offered for your consideration under provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the National Environmental Policy Act (42 U.S.C. 4332 (2)(c). Trout are not found in this part of Stokes County and the trout moratorium would not be applicable to any work here that requires a Nationwide Permit. However, there are rare species in the Dan River such as green floater mussels (Lasmigona subviridis, US — FSC and NC- Endangered) and bigeye jumprock (Moxostoma ariommum, NC — Threatened) that should be considered during project implementation. The WRC reviews all Nationwide Permit applications in Stokes County, so please forward the application for this project to me once it is prepared. Thank you for the opportunity to review and comment on this project. Please contact me at (828) 452- 0422 extension 24 if you have any questions about these comments. Cordially, G•JX- Dave McHenry, Mountain Region Coordinator, Habitat Conservation Program Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699 -1721 Telephone: (919) 707 -0220 - Fax: (919) 707 -0028 Dewberry- aRCHITECTS ENGINEERS CONSULTANTS Project Summary Memorandum Withdrawal from Belews Lake for Dust Depression at Ash Landfill November 2012 r PREPARED BY: 1. Dewberry 551 PIM Forest Road DamAle, VA 24540 PREPARED FOR: ',: Duke Energy' TABLE OF CONTENTS 1. Introduction 2. Background 3. Basis of Selection of a Lake Withdrawal 4. General Design Criteria 4.1 Intake Location and Design Criteria 4.2 Pump Station & Force Main Design Criteria 4.3 Tank and Truck Fill Station Design, Criteria 4.4 Construction 4.4.1 Avoidance and Mitigation Measures 4.4.2 Site Restoration 4.43 Sequence of Construction 5. Permits 5.1 General 5.2 Summary of Nationwide Permit 18 Environmental Considerations 6. Schedule aT bles Table 5.2 - Possible Threatened or Endangered Species List Figure 4.1- Site Plan/Impact Location Map Figure 4.2 - Hydraulic Profile Figure 4.3 — Ballast Detail Figure 4.4 — Ballast and Pump Station Plan View De wbemnr Duke Energy I Withdrawal from Belews Lake for Dust Depression at Ash Landfill 11 1. Introduction Duke Energy Carolinas, LLC owns and operates an ash landfill at the Belews Creek Steam Station. New dust mitigation regulations have prompted Duke to develop a water supply for wetting of roadways and operation of an undercarriage truck washing station. Duke decided to seek engineering services to assist in designing a reliable water source. Based on their available options, the construction of an intake screen with pumps and an onsite storage tank is the most viable option. Duke has contracted with Dewberry for design and construction phase services related to the installation of a lake intake structure, pump station, force main, water storage tank, and a truck filling station. 2. Background Duke is currently performing wetting operations to comply with dust control requirements as mandated in their ash landfill operational permit. However, the water source for this operation is remote to the landfill. Earlier attempts were made to drill groundwater wells to meet the needs of this operation. However, these drilling attempts failed to locate a well(s) with sufficient yield. Due to the immediate proximity of Belews Lake to the ash landfill, Duke Energy is pursuing withdrawal of water from the Lake to meet the needs of this project. During the period between 2008 to 2011 Duke Energy permitted ( USACOE General Permit Verification SAW 20og -o18o) and installed a permanent raw water pumping station that now withdrawals water from the Dan River during low lake conditions and transfers this water to Belews Lake to satisfy power plant water demands during periods of drought. This pump station has a withdrawal capability of up to 80 cfs (52 MGD) and currently utilizes only two pumps to transfer up to 50 cfs (32 MGD) of raw water to Belews Lake when adequate lake level conditions are not being maintained. The USACOE General Permit Verification effective April 20,2010 and expiring April 2015 sets forth conditions by which Duke Energy can withdrawal from the Dan River so that aquatic environments are protected. During normal years, Belews Lake natural watershed fills the lake in the spring to full pool elevation of 724.5 (MSL). The lowest level down to which to lake level can fall before interrupting operations at the power plant is 7i5.o feet. The storage in Belews Lake between these two elevations is 34,435 acre -ft. The maximum withdrawal rate from Belews Lake for operation of the power plant is approximately io cfs (6.5 MGD). Given the very large storage volume and safe yield of Belews Lake and the current supplemental water supply offered by the new Dan River intake, it is recognized that the o.15 MGD water supply demand for the landfill dust suppression system will have a non - measurable effect in the overall water balance in the Lake. Thus, the use of Belews Lake as source water for this purpose is being pursued by Duke Energy through this project. If Dewberry- Duke Energy I Withdrawal from Selews Lake for Dust Depression at Ash Landfill , 2 3. Basis of Selection of a Lake Withdrawal To avoid using surface water for source water supply for the dust suppression system multiple attempts were initially made by Duke Energy to drill and develop adequate groundwater well(s). None of the test boring was successful in locating a supply with adequate yield. Water supply systems for the power plant are remote from this site and were ruled out as a possible source due to cost of a pumping system and recognizing that the system they would be utilizing also utilizes the lake as the source supply. As it was discussed in Section 2 "Background" the Belews Lake is a large water supply with natural and supplemental water sources being Belews Lake watershed and a new Duke Energy raw water transfer station located on the Dan River. In lieu of this and the absence of alternative groundwater or potable supply sources, a new intake on Belews Lake is selected for construction. Due to near relative location of the existing landfill to a proposed phased landfill expansion, and the presence of a proposed undercarriage truck washing system that will serve the new landfill, the proposed intake is proposed to be located in this same area (Ref. Figure 4aand aerial figure 4.1-1. The proposed fill station location will eliminate excess hauling and also provide water for the truck undercarriage wash system shown in figure 4.1 -2. It D@Wbei' y Duke Energy I Withdrawal from Belews Lake for Dust Depression at Ash Landfill 13 4. General Design Criteria Major Design Components • Lake Intake Structure • Pump Building with pumps, air compressor, electrical controls, pipes, etc. • Raw Water Supply Force Main • Ground Storage Tank • Truck Fill Station Design Criteria • Average Estimated Daily Demand: z5o,000 gpd • Normal Operating Hours: 7 a.m. to 5 p.m. (io hrs) • Peak Hourly Demand:16,000 gph • 200 gpm peak withdrawal lake rate via simplex self- priming pump • 30,000 gallon effective storage ground tank • Truck Fill Station with designed for overhead filling • Minimum Truck fill rate at average effective volume tank level =400 gpm • Tank and fill station located adjacent to undercarriage wash system • Intake and pumps located in the vicinity of the storage tank and wash system • Top of intake screen set at elevation 718. • Intake Screen slotted opening size = 2mm • Screen approach velocity= 0.5 fps 4.1 Intake Location and Design Criteria The topography of the area and proposed grade changes helped to determine the location of the intake screen. Consideration was given to water depth, amount of estimated submerged disturbance area that would be impacted, proximity to the proposed fill station, constructability, and accessibility. The selected location indicated on Figure 4.xmeets the depth requirement and is the most accessible given Duke's plans for constructing a leachate storage basin in this area. Two other locations also considered for the intake are slightly closer but require more difficult construction methods and will not be as easily maintained due steeper slope conditions. Proposed key design criteria for this project are as follows: Screen and piping shall be capable of withdrawing water at 200 gpm Select placement of intake screen to enable operation during lowest water conditions and minimize potential impacts from sediment. Intake screen and piping must be submerged during normal operating conditions. The Belews Lake normal full pond elevation is 724.5 feet msl and the low normal pool water level is 721'. The river pump station begins to fill the lake once the level drops below 721.5'. Power plant lake withdrawal pumps will not operate below 715.o. Based on these elevations a top of screen elevation of 718 ft is selected. Intake screen to be installed at required depth but as close to the lake edge of bank as possible to reduce the length of bottom disturbance below normal pool elevation. Intake piping, screen, and ballast to be preassembled to avoid unnecessary excavation (see figure It Dewberry Duke Energy j Withdrawal from Belews Lake for Dust Depression at Ash Landfill 4 0 Xo / 0 D o O X + m X W m m Co m - %CA TI D O D Z m m v O I � _D D / Z O Z r �4w SOALE: +' = 20 DES: Wh BELEWS CREEK STEAM STATION Dewberry' 1�Q � TYPE: DWG DFTR: Mc LANDFILL RAW WATER INTAKE & TRUCK FILL STATION Dewberry & Da✓s• Irk. _ o IEnoMy® JOB -0:50056288 DHKD; ME F °R BALLAST AND PUMP STATION PLAN VIEW DATE: 10.25.2012 ENGR: MWH DWG 9D:E DRAWING NO. SHEET NO. REVISION r �nyiyei� FILENAME: FILENAME APPo; MM1 ANSI B ,,,,. 50056299 FIGURE 4.4 0 SUCTION PIPE SADDLE CONNECTION _ STRAP 1 /2'x4° STAINLESS STEEL WITH 3/4' DIA x 12' LONG EXPANSION ANCHOR .j C- z z t t 0 #3 CLOSED — STIRRUPS AT 9' O.C. SPACING 2' CLR (TYP) PIPE C L N/A N/A I 1 1 y5do 36.00. 1 An � � 1 .11. JLr STAGERED 6' ROUND ORIFICES (TYP. OF 12 PER PIPE) LIFTING HOOKS (TYP. BOTH SIDES OF PIPE) /1\ (3) 06 BARS I. t • • (2) #5 BARS • (3) 06 BARS CONCRETE BALLAST BEAM (4,000 PSI 28 -DAY STRENGTH) CONCRETE BALLAST SECTION VIEW SCALE: N.T.S. � o a J � I�I I�I LL C 111 S B A Ali • $fig 0 Xo / 0 D o O X + m X W m m Co m - %CA TI D O D Z m m v O I � _D D / Z O Z r �4w SOALE: +' = 20 DES: Wh BELEWS CREEK STEAM STATION Dewberry' 1�Q � TYPE: DWG DFTR: Mc LANDFILL RAW WATER INTAKE & TRUCK FILL STATION Dewberry & Da✓s• Irk. _ o IEnoMy® JOB -0:50056288 DHKD; ME F °R BALLAST AND PUMP STATION PLAN VIEW DATE: 10.25.2012 ENGR: MWH DWG 9D:E DRAWING NO. SHEET NO. REVISION r �nyiyei� FILENAME: FILENAME APPo; MM1 ANSI B ,,,,. 50056299 FIGURE 4.4 0 4.3 for pipe and ballast detail) To comply with NWP 18 the targeted design goal for fill material associated with the intake structure and piping is o cubic yards with a maximum allowance of io cubic yards. 4.2 Pump Station & Force Main Design Criteria In order to transfer water from the lake into a storage tank a pumping facility is needed. The following is a list of key design components: • Three sided metal building • Suction Lift Pump Rated for: Approximately zoo gpm @ ioo' TDH • Air Compressor • Air Burst System • Electrical Controls • Flow Meter with no-flow pump protection logic • Force main piping: Approximately iioo'of HDPE • PLC /RTU that will transfer pump data to an existing radio telemetry system The pump station location is set as close as possible to the intake screen and at an elevation that makes the use of a suction lift pump feasible. The use of a suction lift pump eliminates the need for a deep wet well associated with submersible pumps. Rather than having a wet well, valve vault, and building a sole building can be used to house all system components. 4.3 Tank and Truck Fill Station Design Criteria In order to meet the design criteria listed above in this section 30,000 gallons of effective storage volume is needed. The most cost effective long term solution is a welded and painted steel tank. The design and construction cost associated with a raised foundation for a 30,000 gallon storage tank is excessive. Over sizing a ground storage tank to have partial dead storage and partial effective storage is the most cost effective option. The discharge height of the truck fill station will be 15'. The piping will be 6" in diameter and in order to achieve a 400 gpm fill rate, 2' of head is needed above the discharge height. Therefore, the lower i7' of storage in the tank will be unusable. In order to have 30,000 gallons of effective storage the tank volume above 17' needs to be at least 30,000 gallons. A 32' tall 20' diameter tank is a common tank size that meets the design criteria. The overall tank volume is approximately 75,00o gallons and the effective usable volume is 35,000 gallons. The truck fill piping will consist of rigid overhead piping that allows drivers to park beneath and begin filling. The design is based on the trucks having an open hatch that water dumps into. An electric actuated valve will be opened and closed by the driver during fill operations via remote control. There will also be some small diameter piping connected to the tank discharge line. A small i th" HDPE waterline will be routed from the tank to the undercarriage truck wash. This line will be run within 5' of Dewberry' Duke Energy I Withdrawal from 9elews Lake for Dust Depression at Ash Landfill 15 the truck wash and plugged for future connection by the truck wash installing contractor. Another i" HDPE line will connect to the discharge piping for installation of a yard hydrant at the base of the tank. The tank location will be adjacent to the truck washing area at a site that agrees with the geotechnical results proved by S&ME. The truck fill design will allow trucks to be filled without obstructing vehicles utilizing the undercarriage wash system. The pipe orientation will allow the trucks to drive through and fill without having to back up. 4.4 Construction 4.4.1 Avoidance and Mitigation Measures • Proper erosion and sediment (E&S) control measures must be maintained at all tunes. • Excavation, final grading and site restoration will all be addressed in a detailed sediment control plan. This plan will be submitted for approval through NCDENR Winston Salem office. • The intake will be positioned as close to the bank as possible to reduce land disturbance. • The pipe installed for the intake will be fused HDPE and anchored with concrete ballasts to allow the contractor to set the entire pipe and intake in place without the need for trenched excavations. This method minimizes disturbance to the lake. • No wetlands are present above the normal pool of the lake within the project area. Table 4.4 shows the online data search for threatened and endangered species in the area. Based on this data there seems to be no immediate threats or concerns. Fish Spawning Fish Entrainment Water Quality Standards 4.4.2 Site Restoration • �,.. �'. a. riS. e::�'tN..'at'r_...�3,:M�y -"'�A t. (�'t.,.._:i 3 %. �Ri.:.fr.'�id..f�,'•? Intake Screen will be placed at a depth where typical spawning does not take place. The intake screen openings are 2mm to reduce the possibility of fish entrainment. The suction rate and velocity are also relatively low which reduces the 1 chance of drawing fish' into the'screen. Pre- Assembling the piping, screen, and ballasts for the intake reduces the need for trenching and sediment deposition into the lake. A silt curtain will also be installed as a secondary precaution to prevent sediment disturbed in the lake from leaving the construction area. The lake embankment disturbed during installation of the intake piping will be re- vegetated with approved indigenous plants and rip rap for stabilization. Areas surrounding the pump station will be cleared of debris and vegetated with grass mixtures. The entire area around the tank and truck fill will be a concrete pad. D @wblsi'j1' puke Energy I withdrawal from Belews Lake for Dust Depression at Ash Landfill 10 4.4.3 Sequence of Construction The construction sequence is designed to minimize environmental disturbance. The contractor must install all erosion and sediment control measures prior to beginning construction. Once E&3 measures are installed work may begin. As construction is completed the contractor will restore disturbed areas to prevent unnecessary erosion. D@WbgrW puke Energy I Withdrawal from Belews lake for Oust Depression at Ash Landfill 17 5. Permits 5.1 General Duke Energy's preliminary discussions with John Thomas of the USACOE determined that this project may fall under Nationwide Permit 18 (NWP 18). One of the requirements of the NWP 18 is that fill material placed in the lake below normal pool be less than io cubic yards. Description of Work Application Process Permit Storage Tank, Raw Water Erosion and Sediment Control Plan NC Division of Land Quality — Plan Line, and Pump Station Modification- Regional NCDENR Approval Letter Office Intake Structure USACOE Nationwide Permit 18 Verification 5.2 Summary of Nationwide Permit 18 Environmental Considerations Nationwide Permit 18 requires a general online review for the following items that can disqualifies the project: • Navigation • Aquatic life movements • Spawning areas • Migratory bird breeding areas • Shellfish beds • Suitable material • Water supply intakes • Adverse effects from impoundments • Management of water flows • Fills within loo -year floodplain • Equipment • Soil erosion and sediment controls • Removal of temporary fills • Proper maintenance • Single and Complete Project • Wild and Scenic Rivers • Tribal Rights • Endangered Species • Migratory Birds and Bald and Golden Eagles • Historic Properties • Discovery of Previously Unknown Remains and Artifacts • Designated Critical Resource Waters • Mitigation • Safety of Impoundment Structures • Water Quality The above items have been reviewed and Table 5.2 gives a summary of findings. Given the nature of the project there are no immediate threats or concerns. Two environmental considerations requiring avoidance are as follows: Erosion and Sediment Control - Formal detailed design will be required before an approvable Erosion and Sediment Control Plan can be developed. Goals of this plan will be to minimize disturbance, avoid where possible further concentration of storm flows, strategically place adequate silt fencing, install check dams, and diversion ditching. Erosion and Sediment control design features will be subject to approval by NCDENR Division of Land Quality and USACOE. Dewberry' Duke Energy I Withdrawal from Belews Lake for Dust Depression at Ash Landfill 19 Flood Zone - A no net fill increase strategy will be implemented in the final design and grading scheme. This will be accomplished by removing soil from the lake embanlanent and replacing it with rip rap stone of equal or less volume. This will require submittal and approval of design plans by the USACOE and Rockingham County. Dewberry' Duke Energy I Withdrawal from Belews Lake for Dust Depression at Ash Landfill 19 Table 5.2 - Possible Threatened or Endangered Species List ® Dewberry Pt500S6MTekh\ErehWike Energy NWP 18 Qm firaa0nadvr FISH FRESH WATER MUSSELS PLANTS BALD AND GOLDEN EAGLES Cornum Name Roanoke Logperch Green Fleeter James Spinymussel SchweWtts Sunflower a0- Anthered Bitterness Bald Eagle Scientific New Plerdrwna Losmigono subvirtdis PleurobemocolMo Hefanthussdiwelnitafi Cordominemfaonthero Halibeetus, ieucocepbohis Federally Yes No Yes Yes Yes No State Endangered Yes Yes Yes Yes Yes No North Carolina Wildlife Resources North Carolina Wildlife Resources US Fish and Wildlife Service: US Fish and Wildlife Service: US Fish and Wildlife Service Bald Eagle Information via the US Fish and WdbBfe Servlcr- Source Commission: Commission: MW /ecx.fwsgw /spedesProfile/prof http-J/www.f- 4- /ra$eWspedes/es http://www.fws.gov /ralelgh / spedes/es h�ory/NC-himl cam /eagle! No Tribal Rights in Stokes County, NC http : //www.ncwlWBfe.arg/Leaming/Sp ht�//21G27 39. 101 /WlkHife- Species_ e/spedesProf leactlan7spoode -F02S chweWtz_smnflower -html small- anthered_bittercress htmI directory/NChtml eda/FBh/Ro;o- keLogperdl.aspx C-VWSC Mussel 9htm I r area for migratory birds • Adults typically found in medium to - Found In small to medium size large sited, warm, dear streams and streams with quiet pools and eddies • Presets in variety of flow regimes • Grows along roadsides, natural forest • Found in seepages, wet rock devices, occupy dfik % runs, and pools that have gravel and sand substrate - opening% or g stream banks, sandbar; and we woods IJves along the mast and major tares Habitat containhig sand, gravei, or boulders intolerant of Strong currents along small streams, In fully to parda* and rivers shaded areas • Young typically found in shallow, . Found in kernels and in water depths • Found in areas with pow sods p.e. margin habitat underlain by sand and between 1d ft. • found on a variety of silt tree thin that odial dry out • Grows in full to partial sun gravel Roanoke River Basin: Rockingham Co. Present M the Dan River basin In north- (Dan Rive r, Mayo River, Smith River and Big Beaver Wand Creek) and Found in the central Piedmont region cd central North Carolina (Stokes County) Most of North America (USA, Canada, Distribution potentially portions of the Dan River Stoles Co. (Dan River Subbasin) Found in the upper lames and Dan Rim North and South Carolina and soutb-central Virginia (Patrick nothem Masico) and tributaries within Stokes, Caswell, County) and Forsvth Counties. • Believed that tlnls specks natural habitat was natural forest openings or Bald Eagle sighted at Belem In 2000. discovered In the Dan River grasslands; many remaining LSpedes profile revised September 2011 Creek Lake. Stoker dale. North Notes balk in North Carolina and Virginia Cations occur along roadsides Carolina on 1 Oft 5112 Species profile revised July 2011 ® Dewberry Pt500S6MTekh\ErehWike Energy NWP 18 Qm firaa0nadvr MIGRATORY BIRD BREEDING AREAS SPAWNING AREAS WILD AND SCENIC RIVERS HISTORIC PROPERTIES TRIBAL RIGHTS North Carolina Department of OAural USGY NCDENR: National Wild and Scenic Riven Resources: North Carolina Museum of History Source http- /Avww. Wxmusgsgw /resource/ http✓ /po.nodenroMAveb/mf /afso httD'J /w+•�en8w /rhrers/nortM fstoryorg/w Wrds/migratlo /routeshmk ceps wroll —php DFLpwwrvhpo.ncdcr.gw/NR p�Ddf: orkshoPS/AI/Trlballnfohtm orkstwwww•nanosnfohI http;//gis.rvcd- w North Carolina is a part of migratory flyways and ors' however' there No Anadromous Fish Spawning Areas in No wild and scenic rivers in Stokes No historic properties at the proposed No Tribal Rights in Stokes County, NC Comments no specific reference to Belews Lake - Stokes County. NC County. NC to area NC es a state Is generalized as being an I r area for migratory birds ® Dewberry Pt500S6MTekh\ErehWike Energy NWP 18 Qm firaa0nadvr Belem lake Ash Landfill Raw Water Intake for Dust Suppression Project Schedule 1WI2012 2012 Task Completion Date October November December January February March April May June July Project Memorandum November 9, 2012 Preliminary Design Meeting October 26, 2012 {ZI Online Search of NWP 18 Permit Qualifications October 22, 2012 Nationwide Permit Application November 20, 2012 bQ Preliminary Engineering Report November 20, 2012 Pre- Design Meeting w/ Duke to discuss PER November 23, 2012 Design, Plan, & Spedfkadons Generation January, 4 2013 Regulatory Review and Approval February 11, 2013 Advertise, Bid, Award Construction January 31, 2013 June 1, 2013 Close Out out June, 19 2012 3195 Pine Hall Road Duke Belews Creek NC 27009 Energye 919 - 546.7457 919 - 5464409 fax 6 February 12, 2013 20130 15 Ms. Karen Higgins North Carolina Division of Water Quality Wetlands, Buffers, Stormwater— Compliance and Permitting Unit COURTESly 1650 Mail Service Center Raleigh NC 27699 -1650 Cro p i v Subject: Belews Creek Steam Station Craig Road Landfill Expansion, Stokes County Landfill Intake Structure — Dust Suppression Dear Ms. Higgins: Duke Energy Carolinas, Inc. is proposing to install an intake structure at its ash landfill site on Craig Road at the Belews Creek Steam Station located in Stokes County, North Carolina. The intake is needed to meet the dust control requirements of the solid waste permit. The current water source for dust suppression is remote to the landfill site. Attempts were also made to drill groundwater wells for a water source; however, drilling was unable to locate a well with sufficient yield. As an alternative, we are pursuing a nationwide permit to allow for the construction of an intake structure on Belews Lake, which is both close to the Craig Road Landfill site and a sufficient water source. The project will consist of the installation of a lake intake screen to develop a landfill water supply system for wetting of roadways and undercarriage truck washing station. Impacts to Section 404 jurisdictional area for the project include the excavation of a trench in Belews Lake approximately 3' wide, 2' deep and 30' long for suction piping. The impacts of the excavation have been minimized by the use of concrete ballasts to hold down piping. Impacts to Section 404 jurisdictional areas will be limited to 0.002 acres of open waters. Duke Energy Carolinas, Inc. believes that this project does not meet any of the nine (9) thresholds required by Water Quality Certification No. 3890 for written concurrence by DWQ. Therefore, we are enclosing two (2) copies of the Pre - Construction Notification (PCN) to your office for your files. Thank you for your assistance with this project. If you have any questions or comments regarding this letter please contact me at (919) 546 -7457 or steve.cahoonD- r)gnmail.com. Sincrely, ;epo'hen G. Cahoon Sr. Environmental Specialist Enclosures www.duke-energy.com aF wArF9o� O K -* 20 130 15 6 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre - Construction Notification (PCN) Form COURTESY A. Applicant Information COPY 1. Processing la. Type(s) of approval sought from the Corps: Q Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? © Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑X Yes ❑ No For the record only for Corps Permit: © Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes © No 2. Project Information 2a. Name of project: Belews Creek Landfill, Belews Lake Withdrawal 2b. County: Stokes County 2c. Nearest municipality / town: Walnut Cove, NC / Stokesdale, NC; Township of Belews Creek 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. . 3c. Responsible Party (for LLC if applicable): Duke Energy Corporation � 3d. Street address: 3195 Pine Hall Road F l: !� 1 b Z G 13 3e. City, state, zip: Belews Creek, NC 27009 3f. Telephone no.: 919 - 546 -7457 Wetlands K UALITY 3g. Fax no.: 1919-546-4409 3h. Email address: I steve.cahoon @duke- energy.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: A. Email address: S. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): PIN:6982 -00-64 -2715 1 b. Site coordinates (in decimal degrees): Latitude: 36.2691 Longitude: -80.0737 1c. Property size: 6,099.61 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Belews Lake 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Roanoke River 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site consists of woodlands, lake coastline and the existing ash landfill for the Belews Creek Steam Station. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: Installation of a lake intake screen to develop a landfill water supply system for wetting of roadways and undercarriage truck washing station 3e. Describe the overall project in detail, including the type of equipment to be used: Construction and installation of a lake Intake screen, pump station, storage tank and truck off loading station at the facility ash landfill. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑X Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency /Consultant Company: I Other: S &ME 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. November 28, 2012 (date of receipt stamped maps) S. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? © Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. USACE Permit #2011 -00972 6. Future Project Plans 6a. Is this a phased project? ❑ Yes © No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑ Streams — tributaries ❑ Buffers Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 - Choose one Choose one Yes /No W2 - Choose one Choose one Yes/No W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No W5 - Choose one Choose one Yes /No W6 - Choose one Choose one Yes /No 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one S2 - Choose one S3 - Choose one S4 - Choose one S5 - Choose one S6 - Choose one 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 T Belews Lake Excavation Lake 0.002 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 0.002 4g. Comments: "cavation Will tie minimmea oy ine use 51 concrete callasts to nola oown piping. I Here Win oe no increase will be approximately 3' wide, 2' deep and 30' long for suction piping 5. Pond or Lake Construction If Pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWO) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet ) 6g. Zone 2 impact (square feet B1 - Yes /No B2 - Yes /No B3 - Yes/No B4 - Yes /No B5 - Yes/No B6 - Yes /No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The intake will be positioned as close to the lake bank as possible to reduce excess disturbance. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The pipe installed for the intake will be fused HDPE and anchored with concrete ballasts to allow the contractor to set the entire pipe and intake in place without the need for trenched excavations. This method minimizes disturbance to the lake. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes Q No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete If Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes OX No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 2b. Does this project require a Stormwater Management Plan? ❑ Yes © No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The Belews Creek Facilities including the landfill area and this project area are already covered by a completed Stormwater Management Plan. Total additional Impervious area added by this project includes only the roof area of the proposed pump building (240 SF). 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II ❑ NSW 3b. Which of the following locally- implemented stormwater management programs USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state - implemented stormwater management programs apply ORW (check all that apply): HSession Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stonmwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes © No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after- the -fact permit application? ❑Yes ❑X No 2c. if you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes Q No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. There is no sewage disposal or treatment involved with this project. Page 9 of 10 PCN Form — Version 1.4 January 2009 6. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or El Yes 0 No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes 0 No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. 5d. What data sources did you use to determine whether your site would Impact Endangered Species or Designated Critical Habitat? USFWS online services 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes © No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Anadromous Fish Spawning Area Maps, NCDENR website 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation Yes 0 No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NCHPO HPOWEB GIS Service 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodpiain? -T-0 Yes 0 No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodpiain determination? Steve Cahoon Applicant/Agent's Printed Name 'Applicant/Agent's Signature ( ate (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 APPENDIX I (PCN Section B.5.b.) Department of the Army Permit #2011 -00972 and Supporting Documentation DEPARTMENT OF THE ARMY PERMIT Permittee: DUKE ENERGY BELEWS CREEK STEAM STATION, Ms. Joette Covington Permit No: 2011 -00972 Issuing Office: CESAW -RG -R NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: Proposed project includes the permanent discharge of fill impacts to 5,129 linear feet of jurisdictional stream channels and 0.27 acre of jurisdictional forested wetlands adjacent to West Belews Creek (Belews Lake), associated with the proposed expansion of the existing Craig Road Landfill (including potential expansion into the adjacent FGD Landfill) that services the Duke Energy Belews Creek Station (BCS). Project Location: The project location is the existing Craig Road Landfill located off of the abandoned Craig Road on BCSS property south of Pine Hall, in Stokes County, North Carolina (36.2661600N, - 80.071100 °W). General Conditions: 994q 1. The time limit for completing the work authorized ends on December 31.400. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. ENO Form 1721, Nov 86 EDITIONS OF SEP 82 IS OBSOLETE (33 DFR 325(Appendix A)) 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: SEE ATTACHED SPECIAL CONDITIONS Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 2 *U.S. GOVERNMENT PRINTING OFFICE: 1986.717 -425 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. 3 U.S. GOVERNMENT PRMTMO OFFICE: 1986 - 717 -425 Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. 8JILAL- J'M� 61?-V) 2 (PERMITIEE) CE ENERGY BELEV CREEK STEAM STATION (DATE) • This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (DISTRICT COMMANDED) STEVEN A. BAKER, COLONEL (DATE) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terns and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) 4 •u.s. GOvma*,iENT PumNo oFFicE :1986 - 717.425 Special Conditions, Action ID SAW-2011-00972: Duke Enerev's Belews Creek Steam Station Craig Road Landfill Expansion (including potential expansion into the adjacent FGD Landfill) WORK LIMITS a) All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers ( USACE) prior to implementation. b) Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land - clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. c) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land - clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. d) Temporary fills must be removed in their entirety and the affected areas returned to pre - construction elevations. The affected areas must be revegetated, as appropriate. RELATED LAWS e) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the penmittee shall immediately report it to the N.C. Division of Water Quality at (919) 807 -6300 or (800) 858 -0368 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. PROJECT MAINTENANCE f) Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. g) The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. Special Conditions, Action ID SAW -2011- 00972; Duke Energy's Belews Creek Steam Station Craig Road Landfill Expansion (including potential expansion into the adjacent FGD Landfill) h) The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I 3 Article 4). i) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre - project condition. ENFORCEMENT j) Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. CULVERTS k) All authorized culverts will be installed to allow the passage of low stream flows and the continued movement of fish and other aquatic life as well as to prevent headcutting of the streambed. For all box culverts and for pipes greater than 48 inches in diameter, the bottom of the pipe will be buried at least one foot below the bed of the stream unless burial would be impractical and the Corps of Engineers has waived this requirement. For culverts 48 inches in diameter or smaller, the bottom of the pipe must be buried below the bed of the stream to a depth equal to or greater than 20 percent of the diameter of the culvert. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in disequilibrium of wetlands or streambeds or banks, adjacent to, upstream or downstream of the structures. In order to allow for the continued movement of bed load and aquatic organisms, existing stream channel widths and depths will be maintained at the inlet and outlet ends of culverts. Riprap armoring of streams at culvert inlets and outlets shall be minimized above the ordinary high water elevation in favor of bioengineering techniques such as bank sloping, erosion control matting and revegetation with deep - rooted, woody plants. BORROW AND WASTE 1) To ensure that all borrow and waste activities occur on high ground and do not result in the degradation of adjacent wetlands and streams, except as authorized by this permit, the permittee shall require its contractors and/or agents to identify all areas to be used to borrow material, or to dispose of dredged, fill, or waste material. The permittee shall provide the USACE with appropriate maps indicating the locations of proposed borrow or waste sites as soon as the permittee has that information. Special Conditions, Action ID SAW - 2011 - 00972; Duke Enem's Belews Creek Steam Station Craie Road Landfill Expansion (includine potential expansion into the adjacent FGD Landfill) The permittee will coordinate with the USACE before approving any borrow or waste sites that are within 400 feet of any streams or wetlands. All jurisdictional wetland lines on borrow and waste sites shall be verified by the Corps of Engineers and shown on the approved reclamation plans. The permittee shall ensure that all such areas comply with Special Condition b) of this permit, and shall require and maintain documentation of the location and characteristics of all borrow and disposal sites associated with this project. This information will include data regarding soils, vegetation and hydrology sufficient to clearly demonstrate compliance with the Special Condition b). All information will be available to the USACE upon request. The permittee shall require its contractors to complete and execute reclamation plans for each waste and borrow site and provide written documentation that the reclamation plans have been implemented and all work is completed. This documentation will be provided to the Corps of Engineers within 30 days of the completion of the reclamation work. MITIGATION m) In order to compensate for impacts to 5,129 linear feet of stream and 0.75 acre of wetland the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in the amount determined by the NCEEP, sufficient to perform the restoration of 5,129 linear feet of warm water stream and 0.75 acre of riparian wetlands in the Roanoke River Basin, Cataloging Unit 03010103. Construction within jurisdictional areas on the property shall begin only after the permittee has made payments per the below mitigation table to the NCEEP and provided a written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required by the Ecosystem Enhancement Program (EEP), as outlined in the letter dated December 13, 2011, from Michael Ellison, EEP Deputy Director. Pursuant to the In- Lieu -Fee Instrument signed July 28, 2010, between the State of North Carolina, Ecosystem Enhancement Program and the US Army Corps of Engineers. The applicant will make phased mitigation payments to the NCEEP as listed in the table below. The cost of credits will be the current price at the time of payment, not the current price at the time the permit was issued. No work on any phase of the project shall begin until the payment for that phase has been issued to the NCEEP. Phase Number Impact Areas Mitigation Required Mitigation Payment Deadline 1,106 linear feet (10 of C8, SC9, SC10, stream and 0.241 acre of C2, WC3, WC4 riparian wetland at a 1:1 12/31/2012 mitigation ratio C7 8841f of stream at a 1:1 12/31/2017 I mitigation ratio 1 Mitigation Payment Deadlines are based on the Phased Mitigation Schedule (dated February 10, 2012). The phased development of the project and corresponding mitigation payment deadlines may vary based on actual waste generation and disposal rates. Phase Impact Areas Mitigation Required Mitigation Payment Deadline Number 1,9231f of stream at a C5 and SC6 1:1 mitigation ratio 12/31/2022 No Impacts N/A N/A 6991f of stream and C1, SC2, SC3, 0.017 acre of riparian wetland at a 1:1 12/31/2032 C4, WC1 mitigation ratio 5171f if stream and 0.5 FGD F1, SF2, SF3, acre of riparian wetland To be determined 1, WF4, WF4 -A at a 1:1 mitigation ratio FGD - The schedule and necessity regarding the possible expansion of the Alternative D location - the existing flue gas desulfurization residue (FGD) landfill, is currently unknown. Following Phase 6 of the Craig Road Landfill expansion, should Alternative D become necessary to expand, the compensatory mitigation fees for impacts associated with streams SF1, SF2, SF3 (combined 517 If) and wetlands WF1, WF4, WF4 -A (combined 0.5 Ac), would be compensated through the North Carolina Ecosystem Enhancement Program at a 1:1 mitigation ratio. n) The North Carolina Division of Water Quality (DWQ) permit/certification number WQC003879 was issued for this project on January 24, 2012. Special conditions were issued associated with this water quality permit/certification and a copy of these conditions is attached as Exhibit A. These referenced conditions are hereby incorporated as special conditions of this permit. North Carolina Department of Environment and Natural Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Govemor Dlrector 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 I& Leap: RECEIVED JAN 2 6 2012 RALEIGH REGULATORY FIELD OFFICE Dee Freeman Secretary Attached hereto is a copy of Certification No. 3879 issued to M. 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, Sedimenf 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. Sin ly, 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: 110645Va2DukeEnaMg CraigMedLandfill (Stokes )401 IC Wetlands, Buffers, Storrnaater, Compliance and Permitting (Webscape) Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Exhibit A Phone: 919.807.63001 FAX: 919$07.6494 Internet http9lport8Lnalenr .org/webhrrgMus An Eoual Opportunity 1 Affirmative Action Employer bIr. Tom heap 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 1&. 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 DMSION on June 13, 2011, and by Public Notice by the U.S. Army Corps of Engineers issued on the 23d 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 211.0506 (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 shalt 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: I. 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 nits Plan Location or Reference 404/R.i avian Wetlands 0.75 acres Application and Public Notice Stream (perennial) S 129 &ear 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 DMSION to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR — Ecosystem Enhancement .r. 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 (919) 733 -5205 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: 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 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 404/401Permit 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 project. Mr. Tom Leap and Duke Energy Page 4 of 5 January 24, 2012 7. 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. 8. Mr. Torn 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 ISA 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 I SA NCAC 2H.0504. Any new or revised conditions shall be provided to W. Tom Leap and Duke Energy $elews 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 Pennit for the project; 9. Streams SCI, SCS, SC7, SC8 and SC 10, 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 2B .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 d"ction 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 .,a. Tom Leap and Duke Energy Page 5 of 5 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 DM 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 I SOB 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. TW the 241, day f Jan 2012 DIVISION F TE UALITY Charles Walcild, P.E. CW /kah/ijm 3879 North Carolina Department of Environment and Natural Resources DMsion of Water Quality Beverly Eaves Perdue Chuck Wakild, P.E. Dee Freeman Governor Director Seicretm 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 11aear 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 offnorth of the terminus of Pine 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 Certifl6don, 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 280503(b). One ofthe options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 280503. 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 (919) 716 -0476 Fllceame: 11064SVm2DukcEnmwCndgRoadLendG11 (Stokes)401_IC_EEP Wetlands, Buffers, Stormwater, Compliance and PermON Unit (WeBSCaPs) 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Phone: 919-807.63001 FAX: 919-807.6494 Internet http :l /podal.ncdenr.org/wMh Wm An Equal Opportunity 1 Ali relative Action Employer I N b Stokes ?, County • tt zo2 -``rown�G`80k 82 Guilford �. �r •. � Forsyth County F f�;l County t13�ap1 i �/1 ga 108 8B `; Stokes 4.6 00: _ RD ckinghem County County • ems,, +U,7 0. ProjectArea - mw . REFERENCFA THBABOVB INFORMATION WAB ourA1NED Emu aTREffmw DATABBT: PLEABB NOTETNI¢ MAP IB FOR 11INFORMAYIONALPURPO8E8ONLYIT 113 NOTMBANTFORDEMON .LEGAL,ORANYOTHERWES.T EARB 0 NO GUARANTEEBABOULRBACCURACY. 83ME, On ASSUMES No RE8PO1181a0.1TY FOR ANY DECISION MADE ORANYAOMONG.TAItEN BY 7HO UGER BASED UPONTH191NkORMA710N. 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' ••li'''•- r si'. r 5� t ji ery'.'r r:p •r %t : -t.&. - +TN•t' � t•,; •.��:i .Y' rL•'f�4'..,5 .ili- t ,} r Z• I.L. �1r��:, •fit ' j ' a• + f, t • __pppptt �� y;'1'? 4 ' ' "` :,t�`*• ,•.' .,°jy' ,• • ' i' •, , t, (� t,r�y: 1' �' "e`` • r. '.tj '�1 ` 'J1' �� •tJ���i, r '7h.t('`r' .t,.i, ••. ;.ri�• .vy�f. s.. �' +,.,u \ v APPROXIM ��p SCAM r. 15a °m 11.04.2011 MA ® OF THE P S &Mr Paosear►ttx WAMer Duce Stew Il�SS -10041 DDH LendfHi Mwe�iw,Stasmtc.coee J dleacener DMP Stokes C oAh cerotlna APPENDIX 11 (PCN Section CA) Site Location Map r� '� 1 ,r� 1 rl a 1 � � '� Y �� � r _ � ' ayy , � • pay �•` �'y. C � \ iJ lr'� �,, �� , II\♦ Y��i„ } tr 1; 4>rj J��-.� �(, 4� � I 1 �� �° � I ��� : � `•'t % '��l j t r'_ ( � , \ � V I � : <.i''`J,,..�✓ , `J � j � `; i I (/° 1 ,�n t .�f CIO tit ;� •�� � � I ;1k� `n�"' I ` _ �' � f •-`�a� �° 5 _ r- �'r � t V i 1 _ f.— f~ ✓ �• J J O S t \1 r ,..,• .,� �.� '��,1 —mss" '- ,. `iS A t �� �/ • �. r �4� jJ i w v, I Culp I ! .•J elk 4: 3 I tiht , t > r _ h Duke SCALE: r = 20oo Des: MWH "LANDFILL CREEK STEAM STATION � Dewberry® DWG TYPE: DWG DFTR: MND LANDFILL RAW WATER INTAKE &TRUCK FILL STATION Dewberry 8 Davis, Inc. (Energy® JOB N0:R0066299 CHKD: RSE FOR DSGS DATE: 11 .9.2012 ENGR: MWX I DWG SIZE I DRAWING NO SHEET NO REVISION Fnx aaa>e>.vi FILENAME: FILENAME - APPD: MNH ANS1T' IB 50056299 FIGURE 4.5 0 11 "x APPENDIX I I I (PCN Section CA) Impact Location & Detail Map: 01, 01A 0 \500562c)9\CA)\C- \Co,:i AD:)'Ovo )-ow-Igs\Co•3 A3'3-0V0 d.g. 12/7/2012 917 13 AM, MCO IS cf; c ;a n 1% 4' 0 > o 55 AIR IP > 0 BELEWS CREEK STEAM STATION LANDFILL RAW WATER INTAKE a TRUCK FILL STATION DFM. we 'm f -dwEneMy. NO: RU FOR SITE 'ooll C, cf; c ;a n 1% 4' % % j t Iiii AIR IP I& DUke BELEWS CREEK STEAM STATION LANDFILL RAW WATER INTAKE a TRUCK FILL STATION DFM. we 'm f -dwEneMy. NO: RU FOR SITE 'ooll C, 1poo OATS: im 7 0'000o m"No"o SHEET No str4mm MUL FlUMN 1 50056299 % % j t Iiii IP I& DUke BELEWS CREEK STEAM STATION LANDFILL RAW WATER INTAKE a TRUCK FILL STATION DFM. we Dowbe D940" & Dalb, br- f -dwEneMy. NO: RU FOR SITE PLAN 1poo OATS: im 7 0'000o m"No"o SHEET No str4mm MUL FlUMN 1 50056299 FIGURE 4.1 0 INTAKE LOCATION WATER TANK AND TRUCK FILL CRAIG ROAD LANDFILL INTAKE LOCATION AERIAL FIGURE 4.1 -1 y *t PROPOSED EXPANSION EXISTING LANDFILL Nk",%, 4 0 D m C$7 ! Dewberry Pk. E yw® Dewberry &Davis, Inc. rrx ur.rw.avi FILENAME: FILENAME / � D Z D � m m 0 D D / Z O Z r SCALE: V • 20' DES: MWN BELEWS CREEK STEAM STATION DWG TYPE: DWG OFT R: MNC LANDFILL RAW WATER INTAKE & TRUCK FILL STATION JOB NO:50056289 CHKD: RSE FOR BALLAST AND PUMP STATION PLAN VIEW DATE: 10.2542012 ENGR: MA'H DWG SIZE DRAWING NO. SHEET NO, REVISION APPD: MWH ANSIB 1117. 50056299 FIGURE 4.4 0 APPENDIX IV (PCN Section CA) Construction Details: Hydraulic Profile; Ballast Detail � \50055299 \CAS \Cw, 2 lye •a i c -oh a dog, 1211012012 120 00 AH, �iasbigs 0 s a rn 0 P 3 0 0 0 i it s 4 0 i u n V O N SUCTION PIPE SADDLE CONNECTION - STRAP 1/2'x4" STAINLESS STEEL WITH 3/4' DIA x 12' LONG EXPANSION ANCHOR z, 03 CLOSED — STIRRUPS AT 9" O.C. SPACING 2" CLR (TYP) PIPE C L N/A L N/A 35°° 3500' (TAPERED 6" ROUND ORIFICES (TYP. OF 12 PER PIPE) LIFTING HOOKS (TYP. BOTH SIDES OF PIPE) /I\ L (3) #6 BARS 1 j • (2) #5 BARS �•.. d• ..:: . •s. • d: . S � (3) $6 BARS CONCRETE BALLAST BEAM (4.000 PSI 28 -DAY STRENGTH) CONCRETE BALLAST SECTION VIEW SCALE: N.T.S. .Z. O LL t- a rn W H $ O g N 3 3 Mg I 30° Q y O aC � J 96 5 L N r l "ll ul s 6 of �H$aa clb e pill- Qs�E 3� �a APPENDIX V NCWRC Trout Letter Dated May 15, 2012 Belews Lake C_l North Carolina Wildlife Resources Commission 0 Gordon Myers, Executive Director May 15, 2012 Mr. David Homans S &ME, Inc. 9751 Southern Pine Blvd. Charlotte, NC 28273 -5560 SUBJECT. Duke Energy Belews Creek Steam Station Ash Basin Dam Maintenance, Stokes County S &ME Project No.s 1356 -12 -009 Dear Mr. Homans: Biologists with the North Carolina Wildlife Resources Commission (WRC) received your April 26, 2012 letter in which you inquired about any trout concerns associated with repairs to the ash pond dam at Duke Energy's Belews Creek Steam Station. Comments from the WRC are offered for your consideration under provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the National Environmental Policy Act (42 U.S.C. 4332 (2)(c). Trout are not found in this part of Stokes County and the trout moratorium would not be applicable to any work here that requires a Nationwide Permit. However, there are rare species in the Dan River such as green floater mussels (Lasmigona subviridis, US — FSC and NC- Endangered) and bigeye jumprock (Moxostoma ariommum, NC — Threatened) that should be considered during project implementation. The WRC reviews all Nationwide Permit applications in Stokes County, so please forward the application for this project to me once it is prepared. Thank you for the opportunity to review and comment on this project. Please contact me at (828) 452- 0422 extension 24 if you have any questions about these comments. Cordially, G•JX- Dave McHenry, Mountain Region Coordinator, Habitat Conservation Program Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699 -1721 Telephone: (919) 707 -0220 - Fax: (919) 707 -0028 Dewberry- aRCHITECTS ENGINEERS CONSULTANTS Project Summary Memorandum Withdrawal from Belews Lake for Dust Depression at Ash Landfill November 2012 r PREPARED BY: 1. Dewberry 551 PIM Forest Road DamAle, VA 24540 PREPARED FOR: ',: Duke Energy' TABLE OF CONTENTS 1. Introduction 2. Background 3. Basis of Selection of a Lake Withdrawal 4. General Design Criteria 4.1 Intake Location and Design Criteria 4.2 Pump Station & Force Main Design Criteria 4.3 Tank and Truck Fill Station Design, Criteria 4.4 Construction 4.4.1 Avoidance and Mitigation Measures 4.4.2 Site Restoration 4.43 Sequence of Construction 5. Permits 5.1 General 5.2 Summary of Nationwide Permit 18 Environmental Considerations 6. Schedule aT bles Table 5.2 - Possible Threatened or Endangered Species List Figure 4.1- Site Plan/Impact Location Map Figure 4.2 - Hydraulic Profile Figure 4.3 — Ballast Detail Figure 4.4 — Ballast and Pump Station Plan View De wbemnr Duke Energy I Withdrawal from Belews Lake for Dust Depression at Ash Landfill 11 1. Introduction Duke Energy Carolinas, LLC owns and operates an ash landfill at the Belews Creek Steam Station. New dust mitigation regulations have prompted Duke to develop a water supply for wetting of roadways and operation of an undercarriage truck washing station. Duke decided to seek engineering services to assist in designing a reliable water source. Based on their available options, the construction of an intake screen with pumps and an onsite storage tank is the most viable option. Duke has contracted with Dewberry for design and construction phase services related to the installation of a lake intake structure, pump station, force main, water storage tank, and a truck filling station. 2. Background Duke is currently performing wetting operations to comply with dust control requirements as mandated in their ash landfill operational permit. However, the water source for this operation is remote to the landfill. Earlier attempts were made to drill groundwater wells to meet the needs of this operation. However, these drilling attempts failed to locate a well(s) with sufficient yield. Due to the immediate proximity of Belews Lake to the ash landfill, Duke Energy is pursuing withdrawal of water from the Lake to meet the needs of this project. During the period between 2008 to 2011 Duke Energy permitted ( USACOE General Permit Verification SAW 20og -o18o) and installed a permanent raw water pumping station that now withdrawals water from the Dan River during low lake conditions and transfers this water to Belews Lake to satisfy power plant water demands during periods of drought. This pump station has a withdrawal capability of up to 80 cfs (52 MGD) and currently utilizes only two pumps to transfer up to 50 cfs (32 MGD) of raw water to Belews Lake when adequate lake level conditions are not being maintained. The USACOE General Permit Verification effective April 20,2010 and expiring April 2015 sets forth conditions by which Duke Energy can withdrawal from the Dan River so that aquatic environments are protected. During normal years, Belews Lake natural watershed fills the lake in the spring to full pool elevation of 724.5 (MSL). The lowest level down to which to lake level can fall before interrupting operations at the power plant is 7i5.o feet. The storage in Belews Lake between these two elevations is 34,435 acre -ft. The maximum withdrawal rate from Belews Lake for operation of the power plant is approximately io cfs (6.5 MGD). Given the very large storage volume and safe yield of Belews Lake and the current supplemental water supply offered by the new Dan River intake, it is recognized that the o.15 MGD water supply demand for the landfill dust suppression system will have a non - measurable effect in the overall water balance in the Lake. Thus, the use of Belews Lake as source water for this purpose is being pursued by Duke Energy through this project. If Dewberry- Duke Energy I Withdrawal from Selews Lake for Dust Depression at Ash Landfill , 2 3. Basis of Selection of a Lake Withdrawal To avoid using surface water for source water supply for the dust suppression system multiple attempts were initially made by Duke Energy to drill and develop adequate groundwater well(s). None of the test boring was successful in locating a supply with adequate yield. Water supply systems for the power plant are remote from this site and were ruled out as a possible source due to cost of a pumping system and recognizing that the system they would be utilizing also utilizes the lake as the source supply. As it was discussed in Section 2 "Background" the Belews Lake is a large water supply with natural and supplemental water sources being Belews Lake watershed and a new Duke Energy raw water transfer station located on the Dan River. In lieu of this and the absence of alternative groundwater or potable supply sources, a new intake on Belews Lake is selected for construction. Due to near relative location of the existing landfill to a proposed phased landfill expansion, and the presence of a proposed undercarriage truck washing system that will serve the new landfill, the proposed intake is proposed to be located in this same area (Ref. Figure 4aand aerial figure 4.1-1. The proposed fill station location will eliminate excess hauling and also provide water for the truck undercarriage wash system shown in figure 4.1 -2. It D@Wbei' y Duke Energy I Withdrawal from Belews Lake for Dust Depression at Ash Landfill 13 4. General Design Criteria Major Design Components • Lake Intake Structure • Pump Building with pumps, air compressor, electrical controls, pipes, etc. • Raw Water Supply Force Main • Ground Storage Tank • Truck Fill Station Design Criteria • Average Estimated Daily Demand: z5o,000 gpd • Normal Operating Hours: 7 a.m. to 5 p.m. (io hrs) • Peak Hourly Demand:16,000 gph • 200 gpm peak withdrawal lake rate via simplex self- priming pump • 30,000 gallon effective storage ground tank • Truck Fill Station with designed for overhead filling • Minimum Truck fill rate at average effective volume tank level =400 gpm • Tank and fill station located adjacent to undercarriage wash system • Intake and pumps located in the vicinity of the storage tank and wash system • Top of intake screen set at elevation 718. • Intake Screen slotted opening size = 2mm • Screen approach velocity= 0.5 fps 4.1 Intake Location and Design Criteria The topography of the area and proposed grade changes helped to determine the location of the intake screen. Consideration was given to water depth, amount of estimated submerged disturbance area that would be impacted, proximity to the proposed fill station, constructability, and accessibility. The selected location indicated on Figure 4.xmeets the depth requirement and is the most accessible given Duke's plans for constructing a leachate storage basin in this area. Two other locations also considered for the intake are slightly closer but require more difficult construction methods and will not be as easily maintained due steeper slope conditions. Proposed key design criteria for this project are as follows: Screen and piping shall be capable of withdrawing water at 200 gpm Select placement of intake screen to enable operation during lowest water conditions and minimize potential impacts from sediment. Intake screen and piping must be submerged during normal operating conditions. The Belews Lake normal full pond elevation is 724.5 feet msl and the low normal pool water level is 721'. The river pump station begins to fill the lake once the level drops below 721.5'. Power plant lake withdrawal pumps will not operate below 715.o. Based on these elevations a top of screen elevation of 718 ft is selected. Intake screen to be installed at required depth but as close to the lake edge of bank as possible to reduce the length of bottom disturbance below normal pool elevation. Intake piping, screen, and ballast to be preassembled to avoid unnecessary excavation (see figure It Dewberry Duke Energy j Withdrawal from Belews Lake for Dust Depression at Ash Landfill 4 0 Xo / 0 D o O X + m X W m m Co m - %CA TI D O D Z m m v O I � _D D / Z O Z r �4w SOALE: +' = 20 DES: Wh BELEWS CREEK STEAM STATION Dewberry' 1�Q � TYPE: DWG DFTR: Mc LANDFILL RAW WATER INTAKE & TRUCK FILL STATION Dewberry & Da✓s• Irk. _ o IEnoMy® JOB -0:50056288 DHKD; ME F °R BALLAST AND PUMP STATION PLAN VIEW DATE: 10.25.2012 ENGR: MWH DWG 9D:E DRAWING NO. SHEET NO. REVISION r �nyiyei� FILENAME: FILENAME APPo; MM1 ANSI B ,,,,. 50056299 FIGURE 4.4 0 SUCTION PIPE SADDLE CONNECTION _ STRAP 1 /2'x4° STAINLESS STEEL WITH 3/4' DIA x 12' LONG EXPANSION ANCHOR .j C- z z t t 0 #3 CLOSED — STIRRUPS AT 9' O.C. SPACING 2' CLR (TYP) PIPE C L N/A N/A I 1 1 y5do 36.00. 1 An � � 1 .11. JLr STAGERED 6' ROUND ORIFICES (TYP. OF 12 PER PIPE) LIFTING HOOKS (TYP. BOTH SIDES OF PIPE) /1\ (3) 06 BARS I. t • • (2) #5 BARS • (3) 06 BARS CONCRETE BALLAST BEAM (4,000 PSI 28 -DAY STRENGTH) CONCRETE BALLAST SECTION VIEW SCALE: N.T.S. � o a J � I�I I�I LL C 111 S B A Ali • $fig 0 Xo / 0 D o O X + m X W m m Co m - %CA TI D O D Z m m v O I � _D D / Z O Z r �4w SOALE: +' = 20 DES: Wh BELEWS CREEK STEAM STATION Dewberry' 1�Q � TYPE: DWG DFTR: Mc LANDFILL RAW WATER INTAKE & TRUCK FILL STATION Dewberry & Da✓s• Irk. _ o IEnoMy® JOB -0:50056288 DHKD; ME F °R BALLAST AND PUMP STATION PLAN VIEW DATE: 10.25.2012 ENGR: MWH DWG 9D:E DRAWING NO. SHEET NO. REVISION r �nyiyei� FILENAME: FILENAME APPo; MM1 ANSI B ,,,,. 50056299 FIGURE 4.4 0 4.3 for pipe and ballast detail) To comply with NWP 18 the targeted design goal for fill material associated with the intake structure and piping is o cubic yards with a maximum allowance of io cubic yards. 4.2 Pump Station & Force Main Design Criteria In order to transfer water from the lake into a storage tank a pumping facility is needed. The following is a list of key design components: • Three sided metal building • Suction Lift Pump Rated for: Approximately zoo gpm @ ioo' TDH • Air Compressor • Air Burst System • Electrical Controls • Flow Meter with no-flow pump protection logic • Force main piping: Approximately iioo'of HDPE • PLC /RTU that will transfer pump data to an existing radio telemetry system The pump station location is set as close as possible to the intake screen and at an elevation that makes the use of a suction lift pump feasible. The use of a suction lift pump eliminates the need for a deep wet well associated with submersible pumps. Rather than having a wet well, valve vault, and building a sole building can be used to house all system components. 4.3 Tank and Truck Fill Station Design Criteria In order to meet the design criteria listed above in this section 30,000 gallons of effective storage volume is needed. The most cost effective long term solution is a welded and painted steel tank. The design and construction cost associated with a raised foundation for a 30,000 gallon storage tank is excessive. Over sizing a ground storage tank to have partial dead storage and partial effective storage is the most cost effective option. The discharge height of the truck fill station will be 15'. The piping will be 6" in diameter and in order to achieve a 400 gpm fill rate, 2' of head is needed above the discharge height. Therefore, the lower i7' of storage in the tank will be unusable. In order to have 30,000 gallons of effective storage the tank volume above 17' needs to be at least 30,000 gallons. A 32' tall 20' diameter tank is a common tank size that meets the design criteria. The overall tank volume is approximately 75,00o gallons and the effective usable volume is 35,000 gallons. The truck fill piping will consist of rigid overhead piping that allows drivers to park beneath and begin filling. The design is based on the trucks having an open hatch that water dumps into. An electric actuated valve will be opened and closed by the driver during fill operations via remote control. There will also be some small diameter piping connected to the tank discharge line. A small i th" HDPE waterline will be routed from the tank to the undercarriage truck wash. This line will be run within 5' of Dewberry' Duke Energy I Withdrawal from 9elews Lake for Dust Depression at Ash Landfill 15 the truck wash and plugged for future connection by the truck wash installing contractor. Another i" HDPE line will connect to the discharge piping for installation of a yard hydrant at the base of the tank. The tank location will be adjacent to the truck washing area at a site that agrees with the geotechnical results proved by S&ME. The truck fill design will allow trucks to be filled without obstructing vehicles utilizing the undercarriage wash system. The pipe orientation will allow the trucks to drive through and fill without having to back up. 4.4 Construction 4.4.1 Avoidance and Mitigation Measures • Proper erosion and sediment (E&S) control measures must be maintained at all tunes. • Excavation, final grading and site restoration will all be addressed in a detailed sediment control plan. This plan will be submitted for approval through NCDENR Winston Salem office. • The intake will be positioned as close to the bank as possible to reduce land disturbance. • The pipe installed for the intake will be fused HDPE and anchored with concrete ballasts to allow the contractor to set the entire pipe and intake in place without the need for trenched excavations. This method minimizes disturbance to the lake. • No wetlands are present above the normal pool of the lake within the project area. Table 4.4 shows the online data search for threatened and endangered species in the area. Based on this data there seems to be no immediate threats or concerns. Fish Spawning Fish Entrainment Water Quality Standards 4.4.2 Site Restoration • �,.. �'. a. riS. e::�'tN..'at'r_...�3,:M�y -"'�A t. (�'t.,.._:i 3 %. �Ri.:.fr.'�id..f�,'•? Intake Screen will be placed at a depth where typical spawning does not take place. The intake screen openings are 2mm to reduce the possibility of fish entrainment. The suction rate and velocity are also relatively low which reduces the 1 chance of drawing fish' into the'screen. Pre- Assembling the piping, screen, and ballasts for the intake reduces the need for trenching and sediment deposition into the lake. A silt curtain will also be installed as a secondary precaution to prevent sediment disturbed in the lake from leaving the construction area. The lake embankment disturbed during installation of the intake piping will be re- vegetated with approved indigenous plants and rip rap for stabilization. Areas surrounding the pump station will be cleared of debris and vegetated with grass mixtures. The entire area around the tank and truck fill will be a concrete pad. D @wblsi'j1' puke Energy I withdrawal from Belews Lake for Dust Depression at Ash Landfill 10 4.4.3 Sequence of Construction The construction sequence is designed to minimize environmental disturbance. The contractor must install all erosion and sediment control measures prior to beginning construction. Once E&3 measures are installed work may begin. As construction is completed the contractor will restore disturbed areas to prevent unnecessary erosion. D@WbgrW puke Energy I Withdrawal from Belews lake for Oust Depression at Ash Landfill 17 5. Permits 5.1 General Duke Energy's preliminary discussions with John Thomas of the USACOE determined that this project may fall under Nationwide Permit 18 (NWP 18). One of the requirements of the NWP 18 is that fill material placed in the lake below normal pool be less than io cubic yards. Description of Work Application Process Permit Storage Tank, Raw Water Erosion and Sediment Control Plan NC Division of Land Quality — Plan Line, and Pump Station Modification- Regional NCDENR Approval Letter Office Intake Structure USACOE Nationwide Permit 18 Verification 5.2 Summary of Nationwide Permit 18 Environmental Considerations Nationwide Permit 18 requires a general online review for the following items that can disqualifies the project: • Navigation • Aquatic life movements • Spawning areas • Migratory bird breeding areas • Shellfish beds • Suitable material • Water supply intakes • Adverse effects from impoundments • Management of water flows • Fills within loo -year floodplain • Equipment • Soil erosion and sediment controls • Removal of temporary fills • Proper maintenance • Single and Complete Project • Wild and Scenic Rivers • Tribal Rights • Endangered Species • Migratory Birds and Bald and Golden Eagles • Historic Properties • Discovery of Previously Unknown Remains and Artifacts • Designated Critical Resource Waters • Mitigation • Safety of Impoundment Structures • Water Quality The above items have been reviewed and Table 5.2 gives a summary of findings. Given the nature of the project there are no immediate threats or concerns. Two environmental considerations requiring avoidance are as follows: Erosion and Sediment Control - Formal detailed design will be required before an approvable Erosion and Sediment Control Plan can be developed. Goals of this plan will be to minimize disturbance, avoid where possible further concentration of storm flows, strategically place adequate silt fencing, install check dams, and diversion ditching. Erosion and Sediment control design features will be subject to approval by NCDENR Division of Land Quality and USACOE. Dewberry' Duke Energy I Withdrawal from Belews Lake for Dust Depression at Ash Landfill 19 Flood Zone - A no net fill increase strategy will be implemented in the final design and grading scheme. This will be accomplished by removing soil from the lake embanlanent and replacing it with rip rap stone of equal or less volume. This will require submittal and approval of design plans by the USACOE and Rockingham County. Dewberry' Duke Energy I Withdrawal from Belews Lake for Dust Depression at Ash Landfill 19 Table 5.2 - Possible Threatened or Endangered Species List ® Dewberry Pt500S6MTekh\ErehWike Energy NWP 18 Qm firaa0nadvr FISH FRESH WATER MUSSELS PLANTS BALD AND GOLDEN EAGLES Cornum Name Roanoke Logperch Green Fleeter James Spinymussel SchweWtts Sunflower a0- Anthered Bitterness Bald Eagle Scientific New Plerdrwna Losmigono subvirtdis PleurobemocolMo Hefanthussdiwelnitafi Cordominemfaonthero Halibeetus, ieucocepbohis Federally Yes No Yes Yes Yes No State Endangered Yes Yes Yes Yes Yes No North Carolina Wildlife Resources North Carolina Wildlife Resources US Fish and Wildlife Service: US Fish and Wildlife Service: US Fish and Wildlife Service Bald Eagle Information via the US Fish and WdbBfe Servlcr- Source Commission: Commission: MW /ecx.fwsgw /spedesProfile/prof http-J/www.f- 4- /ra$eWspedes/es http://www.fws.gov /ralelgh / spedes/es h�ory/NC-himl cam /eagle! No Tribal Rights in Stokes County, NC http : //www.ncwlWBfe.arg/Leaming/Sp ht�//21G27 39. 101 /WlkHife- Species_ e/spedesProf leactlan7spoode -F02S chweWtz_smnflower -html small- anthered_bittercress htmI directory/NChtml eda/FBh/Ro;o- keLogperdl.aspx C-VWSC Mussel 9htm I r area for migratory birds • Adults typically found in medium to - Found In small to medium size large sited, warm, dear streams and streams with quiet pools and eddies • Presets in variety of flow regimes • Grows along roadsides, natural forest • Found in seepages, wet rock devices, occupy dfik % runs, and pools that have gravel and sand substrate - opening% or g stream banks, sandbar; and we woods IJves along the mast and major tares Habitat containhig sand, gravei, or boulders intolerant of Strong currents along small streams, In fully to parda* and rivers shaded areas • Young typically found in shallow, . Found in kernels and in water depths • Found in areas with pow sods p.e. margin habitat underlain by sand and between 1d ft. • found on a variety of silt tree thin that odial dry out • Grows in full to partial sun gravel Roanoke River Basin: Rockingham Co. Present M the Dan River basin In north- (Dan Rive r, Mayo River, Smith River and Big Beaver Wand Creek) and Found in the central Piedmont region cd central North Carolina (Stokes County) Most of North America (USA, Canada, Distribution potentially portions of the Dan River Stoles Co. (Dan River Subbasin) Found in the upper lames and Dan Rim North and South Carolina and soutb-central Virginia (Patrick nothem Masico) and tributaries within Stokes, Caswell, County) and Forsvth Counties. • Believed that tlnls specks natural habitat was natural forest openings or Bald Eagle sighted at Belem In 2000. discovered In the Dan River grasslands; many remaining LSpedes profile revised September 2011 Creek Lake. Stoker dale. North Notes balk in North Carolina and Virginia Cations occur along roadsides Carolina on 1 Oft 5112 Species profile revised July 2011 ® Dewberry Pt500S6MTekh\ErehWike Energy NWP 18 Qm firaa0nadvr MIGRATORY BIRD BREEDING AREAS SPAWNING AREAS WILD AND SCENIC RIVERS HISTORIC PROPERTIES TRIBAL RIGHTS North Carolina Department of OAural USGY NCDENR: National Wild and Scenic Riven Resources: North Carolina Museum of History Source http- /Avww. Wxmusgsgw /resource/ http✓ /po.nodenroMAveb/mf /afso httD'J /w+•�en8w /rhrers/nortM fstoryorg/w Wrds/migratlo /routeshmk ceps wroll —php DFLpwwrvhpo.ncdcr.gw/NR p�Ddf: orkshoPS/AI/Trlballnfohtm orkstwwww•nanosnfohI http;//gis.rvcd- w North Carolina is a part of migratory flyways and ors' however' there No Anadromous Fish Spawning Areas in No wild and scenic rivers in Stokes No historic properties at the proposed No Tribal Rights in Stokes County, NC Comments no specific reference to Belews Lake - Stokes County. NC County. NC to area NC es a state Is generalized as being an I r area for migratory birds ® Dewberry Pt500S6MTekh\ErehWike Energy NWP 18 Qm firaa0nadvr Belem lake Ash Landfill Raw Water Intake for Dust Suppression Project Schedule 1WI2012 2012 Task Completion Date October November December January February March April May June July Project Memorandum November 9, 2012 Preliminary Design Meeting October 26, 2012 {ZI Online Search of NWP 18 Permit Qualifications October 22, 2012 Nationwide Permit Application November 20, 2012 bQ Preliminary Engineering Report November 20, 2012 Pre- Design Meeting w/ Duke to discuss PER November 23, 2012 Design, Plan, & Spedfkadons Generation January, 4 2013 Regulatory Review and Approval February 11, 2013 Advertise, Bid, Award Construction January 31, 2013 June 1, 2013 Close Out out June, 19 2012