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Home My WebLink About20230416 Ver 1_Approval Letter_20230426DocuSign Envelope ID: 4654AC7C-CE32-446A-A8DE-36296BC09968 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality April 26, 2023 DWR # 20230416 Gaston County Duke Energy Carolinas, LLC Attn: Ms. Elizabeth Glenn 526 S. Church St, ECI-05A Charlotte NC 28202-1802 Delivered via email to: Elizabeth.glenn@duke-energy.com Subject: APPROVAL of CATAWBA RIPARIAN BUFFER IMPACTS Allen Steam Station South Starter Landfill Basin Dear Ms. Glenn: You have our approval for the impacts listed below for the purpose described in your application dated received by the Division of Water Resources (Division) March 21, 2023. These impacts are covered by the Catawba Buffer Rules and the conditions listed below. This Buffer Authorization does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and/or Stormwater regulations. The following impacts are hereby approved, provided that all of the Conditions listed below, and all of the conditions of the Catawba Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0611(b)(2)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers —Zone 1 SCM 14306 (square feet) 0 (square feet) Buffers — Zone 2 SCM 7825 (square feet) 0 (square feet) 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 Authorization Certificate. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a copy of this Authorization Certificate and is responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)] � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA oaa..m.mof�runn,aM,lOual\ /� 919.707.9000 DocuSign Envelope ID: 4654AC7C-CE32-446A-A8DE-36296BC09968 Duke Energy Carolinas, LLC DWR# 20230416 Buffer Authorization Certificate Page 2 of 4 If you are unable to comply with any of the conditions 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 the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B .0614]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. Additional Conditions: 1. Mitigation must be provided for the proposed impacts as specified in the table below. The attached Compensatory Mitigation Responsibility Transfer Form (Form) shall be completed and provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on the attached Form(s) for the proposed impacts changes after issuance of this Certificate, then the Permittee shall request a revised Compensatory Mitigation Responsibility Transfer Form from the Division prior to conducting any impacts. Compensatory Mitigation Required River and Sub -basin Number Catawba Buffer 28,612 square feet (credits) Catawba / 03050101 This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the presentation of proper credentials, the Division may inspect the property. This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Authorization Certificate in accordance with N.C.G.S 15013-23(a). This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does it create any prescriptive right or any right of priority regarding any usage of water. This D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources NORTH CAROL NA ��` !!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 oeprUm tofEmlmMIB�IOwI 919.707.9000 DocuSign Envelope ID: 4654AC7C-CE32-446A-A8DE-36296BC09968 Duke Energy Carolinas, LLC DWR# 20230416 Buffer Authorization Certificate Page 3 of 4 Authorization Certificate shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Authorization Certificate to possess any prescriptive or other right of priority with respect to any other consumptive user. This Authorization shall expire five (5) years from the date of this letter. This letter completes the Division's review under the Catawba Riparian Buffer Rules as described in 15A NCAC 02B .0614. Please contact Sue Homewood at 336-813-1863 or sue.homewood@ncdenr.gov if you have any questions or concerns. Sincerely, EsDocuSigned by: ftf�G 1�6SS 755ABFOCD8OB428... Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Electronic cc: DWR MRO DWR 401 & Buffer Permitting Branch electronic file Filename: 20230416 Allen Steam Station — Gaston — Buffer authorization.docx D � � � North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROL 04patneMbfE I,—UI0-Ift /� 919.707.9000 DocuSign Envelope ID: 4654AC7C-CE32-446A-A8DE-36296BC09968 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM April 26, 2023 Permittee: Duke Energy Carolinas, LLC DWR Project # 20230416 Project Name: Allen Steam Station South Starter Landfill Basin County: Gaston The Division has received a Statement of Availability (SOA) from Wildlands Holdings VI, LLC for the Firestone Bank Parcel or Double Rock Bank Parcel (Mitigation Provider) to satisfy the mitigation requirements set forth in the Buffer Authorization issued to Duke Energy Carolinas, LLC, dated April 26, 2023 as provided in the table below. Compensatory Mitigation River and 8-digit HUC Number Catawba Buffer 28,612 square feet (credits) Catawba / 03050101 The Permittee must provide a copy of this form to the Mitigation Provider specified above who will then sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once the Mitigation Provider has signed this form, it is the Permittee's responsibility to ensure that a signed copy of this form and the mitigation transfer certificate is submitted to the Division before conducting any of the authorized impacts. The Mitigation Provider verifies that the mitigation requirements (credits) shown above, have been released and are available at the identified bank site(s). By signing below, the Mitigation Provider is accepting full responsibility for the identified mitigation. Signature Authority Name (print): Signature: Date: North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CARCLINA 919.707.9000