20150771 Ver 1_Approval Letter_20150807

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 7, 2015
Duke Energy Progress, LLC
Mr. Alex Papp
1677 Old Smithfield Road
Goldsboro, NC 27530
Donald R. van der Vaart
Secretary
DWR EXP. # 15 -0771
Wayne County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS, EXPRESS REVIEW
Project: H.F. Lee Plant Active Ash Pond Dam Slope Stabilization
Neuse River Basin, Neuse River [NEU 12, 27- (55.5); WS -IV, CA, NSW]
Dear Mr. Papp:
You have our approval for the impacts listed below for the purpose described in your
application dated July 30, 2015, and received by the Division of Water Resources (Division)
August 3, 2015. These impacts are covered by the attached Water Quality General Certification
Number 3883 (GC 3883). This General Certifications) allows you to use Nationwide Permit(s) 3
when issued'by the US Army Corps of Engineers (USACE). 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.
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: [phone]\ Fax: 252- 975 - 3716\ Internet: www.ncdenr.gov

Type of Impact
Stream
Site 1
404/401 Wetlands
Site 1
Coastal Wetlands
Site 1
Open Waters
Site 1
Buffers — Zone 1
Site 1
Buffers —Zone 2
Site 1
H.F. Lee Plant Ash Pond Dam Slope Stabilization
August 3, 2015
Page 2 of 3
Amount Approved
(units)
Permanent
(linear feet)
0.293 (acres) clearing
(acres)
(acres)
(square feet)
(square feet)
Amount Approved
(units)
Temporary
(linear feet)
(acres)
(acres)
(acres)
(square feet)
(square feet)
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 /Authorization. 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 (s) and is responsible for complying with all conditions.
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 Oversight /Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699 -1650.
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 150B 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 htto: / /www.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:OOam and S:OOpm, excluding official
state holidays).

H.F. Lee Plant Ash Pond Dam Slope Stabilization
August 3, 2015
Page 3 of 3
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: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Roberto Scheller by phone at 252- 948 -3940 if you have any questions or
concerns.
Sincerely,
(( X'—�
David May ✓
Regional Supervisor
Division of Water Resources
Enclosures: GC 3883
Certification of Completion
cc: Steve Cahoon, Duke Energy Progress, LLC, email: steve.cahoon @duke - energy.com
Gary Beecher, USACE, Washington Regulatory Field Office
Karen Higgins, Central Office
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