20150610 Ver 1_Approval Letter_20150914

4
NCDEENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R, van der Vaart
Governor Secretary
September 14, 2015
Duke Power Company
Attn: Steve Cahoon
411 Fayetteville St
Mail Code NC14
Raleigh NC 28601
DWR # 15 -0610
Rockingham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Proposed Ash Removal by Rail, Track Widening
Dear Mr. Cahoon:
You have our approval for the impacts listed below for the purpose described in your
application dated June 22, 2015, received by the Division of Water Resources (Division) June
22, 2105, with subsequent information on July 29, 2015 and August 18, 2015. These impacts
are covered by the attached Water Quality General Certification Number 3886 and the
conditions listed below. This certification is associated with the use of Nationwide Permit
Number 14 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 certifications) 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. [15A NCAC 02H .0506(b) and /or (c)]
Type of Impact Amount Approved
(units)
Permanent
Stream
Site 1 61 (linear feet)
Site 2 58 (linear feet)
Aiinston -Salem Reyionai Office
Location: 450 4V Hanes Frill Rd, Suite 300. 'Winston- Salem, North Carolina 27105
Phone: 336 -%76- 9800' , . FAX: [phone]x1 Customer Service: 1 -8TH- 623 -6748
Internet: http: lIpertai .nafenr.o -gs'?Jphiwgi4lis
An Equal Opporhurly I Affinnabve Action Employer
Amount Approved
(units)
Temporary

Duke Power Company
DWR# 15 -0610
401 APPROVAL
Page 2 of 3
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(s) /Permit /Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. Appropriate measures should be installed prior to any land clearing activities to protect
waters and wetlands from turbidity and/ or sedimentation. These measures should be
routinely inspected and properly maintained, and excavated materials should be
contained outside the wetland boundary. Excessive silt and sediment loads can have
numerous detrimental effects on aquatic resources including destruction of spawning
habitat, suffocation of eggs, and clogging of gills of aquatic species
Additional consideration shall be taken to ensure protection of the stream that is
immediately adjacent to the construction slope. The Permittee shall install any
additional measures necessary, including temporary dewatering of the stream channel
below the construction area, to ensure that water quality is protected from construction
and /or sediment impacts during construction. [15A NCAC 02H .0506 (b)(3) and (c)(3)]
4. The Permittee shall stake the limits of disturbance at Site 1 and conduct a
preconstruction meeting with the construction contractor prior to disturbance of the
impact area. The Division shall be notified of the meeting two weeks prior to its
scheduled date. [15A NCAC 02H .0507 (c) and 15A NCAC 0211 .0502 (e)]
This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5]
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 htti): / /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 8:00am and 5:00pm, 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
Duke Power Company
DWR# 15 -0610
401 APPROVAL
Page 3 of 3
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:
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 Sue Homewood at 336 - 776 -9693 or sue.homewood(@ncdenr.gov if you have any
questions or concerns.
Sincerely,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3886
cc: David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file