The URL can be used to link to this page

Home My WebLink About20140105 Ver 1_Approval Letter_20140219NC®ENR 'North Carolina Department of Environment and Natural Resources Division of' Water Resources Pat McCrory Governor Duke Energy�Carolirias„ LLC Attn: Kevin Johnson, South Tryon Street, DEC45A Charlotte, NC 28202' Water Quality Programs Thomas A. Reeder Director February 19, 2014 John E. Skvarla, III, Secretary D,W R # 14 -0105 Durham County ,Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Duke Energy Substation (Nelson. Retail Substation) Dear Mr. Johnson: You have our approval for the impacts listed below for the purpose described,in your application dated February 3, 2014 and received by the Division of Water Resources (Division) on February 3, 2014. These impacts are covered by the attached Water Quality'General Certification Numbers 3885 and 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Numbers 27 and 18 once they are 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. This approval requires you to follow the conditions listed in the enclosed certification and the following additional :conditions:, The following impacts are hereby approved provided that all of the,other specific and general conditions of the Certification, General Permit and /or Buffer Rules are met. No other impacts are approved, including incid'enta'l impacts. Type of Impact, Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland 0.065 (acres) 0 (acres) Stream-. 60 (linear feet) 0 (linear feet) Site 1, One - No Carolina Naturally North Carolina Division ^,of Water Resources 1628;Mad'Serwce.Center Raleigh, NC 2.7699 -1628 Phone (919) 7,91 -4200 " Internet www ncwaterauality org Location 3800 Barrett Dive Raleigh, NG,27609 Fax (919) 788 -7159 :'• " : An Equal Opportunity /Affrmatve Action Employer— 50% Recycled/10% Post Consumer Paper 1'1 Aa. Duke Energy Substation DWR# 14 -0105 4o1APPROVAL Page 2 of 4 Stream 36 (linear feet)' i 0 (linear feet) Site 2 Stream 0 (linear, feet) 346 (linear feet) Site 3 Stream 0 (linear feet) 112 (linear feet) Site 4 2. Diffuse Flow All stormwater shall be directed and maintained as diffuse flow at non - erosive velocities through the protected stream buffers suchthat.,it will not re- concentrate before discharging into a stream., 3. No Waste, Spoil, Solid's, or Fill of Any Kind No waste, spoil,, solids, or fill of any kind shall occur in wetlands, waters, of riparian,areas beyond the footprint of the impacts, depicted yin the Pre: Construction Notification. 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. 4. Protective Fencing The, outside buffer,,, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning, fencing (or similar high visibility material) for the areas that have been approved,to infringe within the buffer, wetland or water prior`to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. 5. 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 the 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 i's. sold, the new owner must be given •a copy of this approval letter and General Certification and is responsible for complying with all conditions. , 6. This approval and its conditions are .final and binding4unless contested. This Certificati'_on can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an ;administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http: / /Www.ncoah.com/ or'by calling,the OAH Cl'erk's, Office at `(919) 431 -3000 for information. Within thirty;(30)- calendar days of receipt of this notice; a petition must.be filed with the OAK A petition!is considered filed when the original and one (1) copy along,with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm) excluding official state holidays). • 5 ,f Duke Energy Substation DWR# 14 -0105 401 APPROVAL Page 3 of 4' The petition may be faxed,to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filingfee is received by the'OAH within, five (5)' business days following the faxed transmission. Mailing address for the OAH: If sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail'Service Center Raleigh, 'NC 27699 -6714 If sending via delivery•service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: .Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Please send one (1)' copy -of the petition to DWR: If sending, by First °Class Mail via the US Postd Service:, Karen Higgins NC DEN R-DWR — Webscape Unit 1650 Mail Service Center Raleigh, NC227699 -1650 If sending via delivery service (e.-g. UPS, FedEx)° - Karen Higgins NC DENR -DWR — Webscape Unit 512 N. Salisbury-Street Raleigh, NC 27,604 This letter completes the review of the Division under section 401 ofthe Clean Water Act. Please contact Cherri:Smith at 919 -791 74251 or cherri.smith @ncdenr.gov if you have any questions or concerns. L oieI y, 7 Danny Smi Supervisor, Water Quality Regional Operations Section Enclosures: 3885.and 3,890 f ;. tl t Duke Energy'Substation DWR# 14 -0105 401APPROVAL Page ,4 of 4 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field- Office; 3331 HeritageTrade Drive, 'St. 105; Wake Forest, NC 27597 Bob Zarzecki; Soil & Environmental Consultants; 8412 Falls of Neuse Road, Ste. 104; Raleigh, NC 27615; DWR RRO 401 Files