HomeMy WebLinkAbout20141045 Ver 1_Approval Letter_20141023Pat McCrory
Governor
October 23, 2014
Duke Energy Progress
Attn: Rodney Hutcherson, Director —Transmission Engineering
410 S Wilmington Street
Raleigh, NC 27601
John E. Skvarla, III
Secretary
DWR #141045
Pender County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Vista 11SkV Substation, Hampstead
Dear Mr. Hutcherson:
You have our approval for the impacts listed below for the purpose described in your application
dated August 27, 2014, received by the Division of Water Resources (Division) October 1, 2014,
with subsequent information on October 10, 2014 and October 22, 2014. These impacts are
covered by the enclosed Water Quality General Certification Number 3.884 and the conditions
listed below. This certification is associated with the use of Nationwide Permit Number 12 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.
This approval requires you to follow the conditions listed in the enclosed certification or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405
Phone: 910 - 796 -72151 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
Duke Energy Progress
Attn: Rodney Hutcherson, Director — Transmission Engineering
DWR Project # 20141045
October 23, 2014
Page 2 of 6
Type of Impact
Amount Approved (units)
Permanent Temporary
Plan Location or reference
Stream
N/A
404/401 Wetlands
W1
0.42 acres (18,217 SF)
Overall Site Layout
(Sheets 3 and 10 of 11)
Coastal Wetlands
N/A
Open Waters
N/A
2. 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 is sold, the new owner
must be given a copy of this approval letter and General Certification and is responsible for
complying with all conditions.
3. Sediment and Erosion Control
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.
Duke Energy Progress
Attn: Rodney Hutcherson, Director — Transmission Engineering
DWR Project # 20141045
October 23, 2014
Page 3 of 6
e. For PNA, SA, WS -I, WI -II, HQW, ORW waters. The sediment and erosion control
designs must comply with the requirements set forth in 15A NCAC 04B .0124 Design
Standards in Sensitive Watersheds.
4. Protective Fencing
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on, the property
until the project phase is completed.
5. Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. It shall
be the responsibility of the permitee to review all construction drawings with the
approved permit drawings to determine that the drawings are consistent.
Documentation via letter or e-mail must be provided to the Division prior to the start of
construction confirming that the construction drawings are consistent with the permitted
drawings. If the drawings are not consistent, the applicant is required to notify the
Division, c/o Wilmington Regional Office and address the inconsistencies prior to working
in wetlands.
6. Pre - Construction Meeting
The permitee shall notify the Division in writing prior to the beginning of the work authorized under
,this certification. A pre- construction meeting must be held with the DWR prior to the start of the
project so that the contractors and /or agents fully understand the conditions associated with this
certification.
7. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional
Office at 910.796.7215 and after hours and on weekends call 800.858.0368. Management
of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act.
8. Fueling, lubrication and general equipment maintenance should not take place within 50
- feet of a waterbody or wetlands to prevent contamination by fuel and oils.
Duke Energy Progress
Attn: Rodney Hutcherson, Director —Transmission Engineering
DWR Project # 20141045
October 23, 2014
Page 4 of 6
9. The applicant /permitee 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. If the Division determines that such standards or laws are not
being met, including 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, than the Division may reevaluate and modify this General Water Quality
Certification. The applicant / permitee shall require its contractors (and /or agents) to
comply with all of the terms of this Certification, and shall provide each of its contractors
(and /or agents) a copy of this Certification. A copy of this Certification shall be included
in the construction contract and available on the job site at all times.
10. The Permittee shall report any violations of this certification to the Division of Water
Resources within 24 hours of discovery.
11. At the completion of the project, the Division may require a determination of the area
impacted (as- built) which is to encompass the location and acreage of the impacts (it can
be shown on an aerial or done as a survey). This to be included with the Certification of
Completion and sent to the Wilmington Regional Office (address on the letterhead page)
and to Raleigh at 401 Webscape Unit Attn: Karen Higgins 1617Mail Service Ctr. Raleigh, NC
27699 - -1617.
12. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
13. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless
of the expiration of this Certification.
14. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours 115A NCAC 02H .0502 (e) }.
15. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant and /or authorized
agent is required to return a copy of the certificate of completion Form to the DWR 401
and Buffers Unit within ten days of project completion (available at:
http: / /Portal.ncdenr.ore /web /wq /swp /ws /401 /certsand permits /apply /forms).
Duke Energy Progress
Attn: Rodney Hutcherson, Director — Transmission Engineering
DWR Project # 20141045
October 23, 2014
Page 5 of 6
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http:Hwww.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431 -3000 for information. 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 8:00 am and 5:00 pm, excluding official state
holidays).
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 filing fee is received by the OAH within five (5) business
days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
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
Duke Energy Progress
Attn: Rodney Hutcherson, Director —Transmission Engineering
DWR Project # 20141045
October 23, 2014
Page 6 of 6
This letter completes the review of the Division under section 401 of the Clean Water Act as
described in 15A NCAC .0500. Please contact Joanne Steenhuis in the Wilmington Regional Office
at 910.796.7306 or Joanne.Steenhuis@ncdenr.gov if you have any questions or concerns.
Sincerely,
Ji Gr gson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosures: GC 3884
cc: Justin Biegler, PE — Dewberry Engineers Inc. — electronic copy
Emily Greer - USACE Wilmington Regulatory Field Office — electronic copy
Jennifer Burdette — DWR 401 and Buffer Permitting Unit
Trent James — DEMLR WiRO
DWR WiRO
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2 WOOD POST ARE NOT ACCEPTABLE
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DETAIL THIS SHEET) TOP WIRE BETWEEN
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STANDARD TEMPORARY SKIMMER
FILTER BASIN (1 OF 2)
NOT TO SCALE
PROTECT WEIR WITH FILTER �-5-� RETRIEVAL SKIMMER DETAIL JUTE NETTING (TYPICAL)
FABRIC AND RIP -RAP I 8" ROPE (SEE DETAJ L THIS SHEET)
FILTER FABRIC a aP
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I I WEIR LENGTH (MIN 12" OF FABRIC)
STANDARD TEMPORARY SKIMMER
FILTER BASIN (2 OF 2)
NOT TO SCALE
OUTLET END CONNECTION
TO OUTLET PIPE OR RISER
STANDARD SKIMMER DETAIL
NOT TO SCALE
SKIMMER SEDIMENT BASIN CONSTRUCTION SCHEDULE
THROUGH DOOR
'AT
BAFFLES SHALL BE INSTALLED AT DISTANCES INDICATED IN TABLE MEASURED FROM THE ENTRANCE OF THE SEDIMENT TRAP
C ACCESS DRIVE
VOLUME
VOLUME
12'-0"
10' COMPACTED ABC STONE
TOP
DISCHARGE
LOCATION OF
LOCATION OF
LOCATION OF
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LENGTH
WIDTH
SIDE
DEPTH
WEIR,
FIRST BAFFLE"
SECOND BAFFLE'
THIRD BAFFLE'
ELEV
ELEV
ELEV
NO
(CF)
(CF)
(FT)
(FT)
SLOPE
(FT)
(FT)
(FT)
(FT)
(FT)
(FT)
(FT)
(FT)
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3911
69
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4860
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8
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BAFFLES SHALL BE INSTALLED AT DISTANCES INDICATED IN TABLE MEASURED FROM THE ENTRANCE OF THE SEDIMENT TRAP
C ACCESS DRIVE
SEEDED SLOPE N��DITCH (TYPICAL) 3
3
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COMPACTED SOIL
NOTES
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HORIZONTAL TO VERTICAL SLOPE OR FLATTER UNLESS
OTHERWISE NOTED ON THE GRADING PLAN
2 ALL SLOPES AND DITCHES SHALL BE SEEDED & MULCHED
UNLESS OTHERWISE NOTED ON THE GRADING PLAN
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RUNOFF TO GRASSED SWALES
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w
z
N
" 10" COMPACTED ABC STONE O
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I
COMPACTED SOIL
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NTS
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6
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10" COMPACTED ABC STONE O
GEOTEXi1LE FABRIC a
2' -0�' 10 -' -0• 10' -0'
DULDE ROADBED ROADBED SHOULDE
1/8 INCH PER FOOT (1 %) 114 INCH PER FOOT
SIDE SLOPE SLOPE (TYPICAL) j
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I
CI IPFR LEVA DA DR SECTION FOR RAREA
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11`�1
SEEDED SLOPES
(TYPICAL)
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I
, I 1
COMPACTED SOIL
NOTES
, ALL CUT & FILL SLOPES SHALL BE GRADED TO A 3.1
HORIZONTAL TO VERTICAL SLOPE OR FLATTER UNLESS
OTHERWISE NOTED ON THE GRADING PLAN
2 ALL SLOPES AND DITCHES SHALL BE SEEDED & MULCHED
UNLESS OTHERWISE NOTED ON THE GRADING PLAN
3 UTILIZE SUPER ELEVATED ROADWAY SECTION TO DIRECT
RUNOFF TO GRASSED SWALES
U
TaT
COMPACTED ABC STONE Z
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)• 2'•0• w
DBED SHOULDER Om
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SLOPE (TYPICAL) I SEEDED SLOPES
(TYPICAL)
_ _ _
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TYPICAL ACCESS DRIVE SECTION FOR FILL AREA
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N
" 10" COMPACTED ABC STONE O
EOTEXTILE FABRIC SEEDED SLOPES
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D ROADBED SHOULDE
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SLOPE (TYPICAL)
I
COMPACTED SOIL
TYPI ALA DRIVE SECTION FOR CUT AR E&-
MS
TYPICAL ACCESS DRIVE SECTION
NTS
PRELIMINARY
DO NOT USE FOR CONSTRUCTION