HomeMy WebLinkAbout20201689 Ver 2_Approval Letter_20230601 (2)
June 1, 2023
DWR # 20201689 V2
JohnstonCounty
Duke Energy
Attn: Nuwan Wijesuriya
410 S. Wilmington Street
Raleigh, NC 27601
(via email: nuwan.wijesuriya@duke-energy.com)
Subject: APPROVAL of NEUSE RIVERRIPARIAN BUFFER IMPACTS
Erwin-Selma 230KV-Transmission Line Switch 118-3 Access Road
Dear Nuwan Wijesuriya:
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) February 6, 2023. These impacts
are covered by the Neuse RiverRiparianBuffer Rules andthe 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 Neuse RiverRiparianBuffer Rules are met. No other impacts are
approved, including incidental impacts. \[15A NCAC 02B.0611(b)(2)\]
Type of ImpactAmount Amount Mitigation
Approved (units)Approved (units)Amount
PermanentTemporaryRequired
Buffers Zone 1
B1:(Impact 1) Streambank Stabilization861(square feet)0 (square feet)0 credits
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 Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200
Erwin-Selma 230KV-Transmission Line Switch 118-3 Access Road
DWR# 20201689 V2
Buffer Authorization Certificate
Page 2of 3
If you are unable to comply with any of the conditions below, you must notify the Raleigh
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 shallreport to the RaleighRegional Office any noncompliance with the conditions
of this Authorization Certificate and/or any violation of state regulated riparian buffer rules \[15A
NCAC 02B.0611(b)(2)\]. Information shall be provided orally within 24 hours (orthe next
business day if a weekend or holiday) from the time the applicant became aware of the
circumstances.
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 AdministrativeHearings (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/-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 150B-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 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 regardless of the quantity of
the withdrawal or the date on which the withdrawal was initiated or expanded.
This Authorization shall expire when the corresponding 401 Water Quality Certification
Approval DWR#20201689 V2expires.
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200
Erwin-Selma 230KV-Transmission Line Switch 118-3 Access Road
DWR# 20201689 V2
Buffer Authorization Certificate
Page 3of 3
NeuseRiparian Buffer Rules as described
in 15A NCAC 02B.0611(b)(2).
Please contact Joe Myersat 919-791-4256or kptfqi/nzfstAefr/od/hpw if you have any
questions or concerns.
Sincerely,
Vanessa Manuel,AssistantRegional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc:Jennifer Burdette, Natural Resource Consultants, LLC (Burdette@nrconsultnc.com
DWR 401 & Buffer Permitting Branch electronic file
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200