20010589 Ver 2_Approval Letter_20220104

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
January 4, 2022
DWR# 04-0589 V.2
Gaston County
Mr. Brian Couture
Duke Energy Carolinas, LLC
526 South Church St. / EC12K
Charlotte, NC 28202
Delivered via email to [e-mail]
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
South Point Access Area Project
Dear Mr. Couture:
You have our approval for the impacts listed below for the purpose described in your application
submitted to the Division of Water Resources (Division) August 19, 2021, and payment received on
August 23, 2021, with subsequent information on December 14, 2021. The Division has
determined that the proposed project and impact will comply with water quality requirements
covered by the attached Water Quality General Certification Number 4145 and the conditions listed
below, provided that you adhere to the certification located at
https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-
permitting-branch/general and the conditions listed below.
This certification is associated with the use of Regional General Permit Number 198200030 once it
is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by (but
not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed
regulations.
The Division has determined that the proposed project will comply with the water quality
requirements provided that you adhere to the conditions listed in the certification and to the
additional conditions listed below. The following proposed impacts are hereby approved. No other
impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Buffers -Zone 1
Fishing Pier/Access
Shoreline Stabilization
Pedestrian Trail
Rock Jetty
Swim Beach
0 sq. ft.
16,590 sq. ft. (total)
1,730 sq. ft.
2,670 sq. ft.
1,394 sq. ft.
555 sq. ft.
10,241 sq. ft.
DE
NOR11-I CAROLINA
napalmed M Environmental Wally\
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704.663.1699

Open Water
Shoreline Stabilization
0.53 acres (total)
0.36 acres
Pier
0 acres
0.02 acres
Concrete Abutment
0.02 acres
Rock Jetty
0.02 acres
Beach Establishment
0.11 acres
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of this Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be given
a copy of this Certification and is responsible for complying with all conditions. [15A NCAC
02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions itemized below, you must notify the Mooresville
Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time
the permittee becomes aware of the circumstances.
The permittee shall report to the Mooresville Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the permittee became aware of the
non-compliance circumstances.
Additional conditions [15A NCAC 02H .0507(c)]:
1. Mitigation: Private Bank mitigation must be provided for the proposed impacts as specified in
the table below. The Division has received an acceptance letter from the approved Bank
Sponsor Environmental Banc & Exchange, LLC [hereby known as EBX] for use of the RES
Dogtown Buffer Mitigation Bank that is listed on the DWR Approved Mitigation Bank List
https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=546700&cr=1. Until the
Bank Sponsor receives and clears your payment, and proof of payment has been provided to
this Office, no impacts specified in this Authorization Certificate shall occur. For accounting
purposes, this Authorization Certificate authorizes payment to EBX to meet the following
compensatory mitigation requirement [15A NCAC 02B .0295 (f) & (g)]:
Compensatory
Mitigation Required
River and Sub -Basin
Number
Ratio Corrected
Mitigation Required
Zone 1 Buffers
Beach
Pedestrian Trail
10,708 sq. ft.
10,241 sq. ft.
467 sq. ft.
Catawba 03050101
2:1 ratio
21,416 sq. ft. (total)
20,482 sq. ft.
934 sq. ft.
NORTH D `E�
Department of&Mronme�l Ouellty�
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

2. Stormwater Management: The applicant may provide documentation that the project will not
impair water quality to the receiving stream(s) from stormwater runoff or provide an approved
stormwater management plan. Any high density project and/or project that exceeds density
thresholds must provide a stormwater management plan for the entire project, for review and
approval including all forms and pertinent items that complies with the high density
development requirements. Low density development. The plan may be approved by the
Division, State Stormwater Program or a local delegated authority. The plan shall consider the
impact of the volume and velocity of discharge and runoff to the receiving stream and adjacent
riparian areas to prevent scouring and erosions of the features.
Citations: 15A NCAC 02U.1017, 15A NAC 02H.1003 (2)(a), 15 NCAC 02B.0614 (8), 15A NCAC
02B.0607(h)
3. Diversion ditches and other stormwater conveyances as related to the sediment and erosion
control measures shall be matted and/or stabilized to reduce sediment lost and turbidity. This
includes interior/exterior slopes of sediment basins. 15A NCAC 02H .05606 (b)(3) and (c) (3)
4. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface water shall be matted.
15A NCAC 02H .0506 (b)(1) and15A NCAC 02H .502 (c)
5. Stormwater discharge structures at this site shall be constructed in a manner such that the
potential receiving streams (of the discharge) will not be impacted due to sediment
accumulations, scouring or erosion of the stream banks. 15A NCAC 02B .0203
6. The permittee shall report to the DWR Mooresville Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H.0507(c)
8. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
9. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
NORTH D `E�
Department of&nlronme�l Ouellty�
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC
02B .0231
10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c)
11. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC
02B .0231
12. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
13. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
14. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0201
15. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
16. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
NORTH AROLIµAD
Department of Emlrunmenlal Wally
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands
such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
17. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum
spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill
less than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H.0507(c); N.C.G.S 143-215.85(b)
18. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
19. 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 General Certification. A copy of this General Certification shall be
available at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in
effect on the date of issuance shall remain in effect for the life of the project, regardless of the
expiration date of this Certification. [15A NCAC 02H .0507(c)] This letter completes the Division's
review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Doug
Perez at 704-743-6872 or [e-mail] if you have any questions or concerns.
This, the 4th day of January 2022
1- DocuSigned by:
/44414w Ei P..ue4 for
F161FB69A2D84A3...
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Krysta Stygar, Army Corps of Engineers, Charlotte, [e-mail]
Chris Huysman, Wetlands & Waters, Inc., [e-mail]
DWR 401 & Buffer Permitting Branch file
Olivia Munzer, NCWRC, email
NORTH AROLIµAD
Department of Emlrunmenlal Wally
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

CERTIFICATE OF COMPLETION
NCDWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate
to the 401 Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617
Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the
applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and
Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and
Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,
the approved plans and specifications, and other supporting materials.
Signature Registration No. Date
NORTH D `E�
Department of&nlronme�l Ouellty�
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000