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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 ■u� 1� M � J I I Q a (n O0 W O a 3 O a s a .a .n p p p\ I LI O Z —� LO c0 U LL.I Q Q N � y9 E o I v h O m N QK OZ ® C�7 np�nnI�I 0 3 5 o x r w a " < �s N z Q �¢ UZ_ Z W N N F? 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I I-1 I IJ I � T� TYPICAL ACCESS DRIVE SECTION FOR FILL AREA COMPACTED SOIL NTS U to 24' -0" CL ACCESS DRIVE w z N " 10" COMPACTED ABC STONE O EOTEXTILE FABRIC SEEDED SLOPES (TYPICAL) D ROADBED SHOULDE /41NCH PER FOOT (2%) SI E CLDITCH 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