HomeMy WebLinkAbout20150717 Ver 1_Approval Letter_20150924PW
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NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R van der Vaart
Governor Secretary
September 24, 2015
Duke Energy
Attn: Steve Cahoon
410 S Wilmington St
Raleigh NC 27601
DWR # 15 -0717
Rockingham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Dan River Steam Station — 48 Inch Inlet Area Clean -Up
Dear Mr. Cahoon*
You have our approval for the Impacts listed below for the purpose described in your
application dated July 17, 2015, received by the Division of Water Resources (Division) July 20,
2015 , with subsequent information on September 10, 2015 These impacts are covered by the
attached Water Quality General Certification Number 3890 and the conditions listed below
This certification is associated with the use of Nationwide Permit Number 39 once it is issued to
you by the US. 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(s) or
general permit and the following additional conditions-
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)]
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Duke Energy — Dan River Steam Station
DWR# 15 -0717
401APPROVAL
Page 2 of 3
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Stream
Stream 1 219 (linear feet)
Stream 2 97 (linear feet)
Stream 3 132 (linear feet)
404/401 Wetlands
Wetland 1 0.285 (acres)
Wetland 2 0.122 (acres)
Wetland 3 0 003 (acres)
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)]
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 http: / /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.
JOW
Mailing address for the OAH-
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Duke Energy — Dan River Steam Station
DWR# 15 -0717
401APPROVAL
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,
0
W Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures- GC 3890
cc* Joshua Bell, AMEC Foster Wheeler (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file