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Home My WebLink About20151213 Ver 1_Approval Letter_20151130Water Resources ENVIRONMENTAL QUALITY November 30, 2015 Duke Energy Attn: Mr. Steve Cahoon 410 South Wilmington Street Raleigh, NC 27601 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director DWR # 15-1213 Wayne County Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS HF Lee Coal Intake Pipe Closure Dear Mr. Grant: You have our approval for the impacts listed below for the purpose described in your application dated November 17, 2015, received by the Division of Water Resources (Division) on November 18, 2015. 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 Authorization Certificate shall expire five (5) years from the date of this letter. This approval requires you to comply with the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Buffer Rules are met. No other impacts are approved, including incidental impacts [15A NCAC 02B. 0233(8)]. Type of Impact Amount ' Amount Approved (units) Plan location/ Approved (units) I Temporary Reference Permanent Attached Buffers B1 (Equipment Access) 0 (square feet) 1 456 (square feet) Zone 2 B2 (ConstructI 0 (square feet) Bulkhead) 2. Diffuse Flow 684 (square feet) Zone 2 Proposed Buffer Impact State of North Carolina Environmental Quality Water Resources Water Quality Regional Operations Washington Regional Office 943 Washington Square Mail, Washington, NC 27889 252-946-6481 Duke Energy Mr. Steve Cahoon DWR# 15-1213 BUFFER APPROVAL Page 2 of 4 An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re -concentrate before discharging into the stream as identified within 15A NCAC 2B .0233(5). 3. The Permittee shall replant the vegetation within temporarily disturbed areas associated with this project in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre- existing forest vegetation must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This density can usually be achieved by planting approximately 360 (11 x 11 spacing) to 538 (9 x 9 spacing) trees per acre.] Restoration of trees/shrubs/forest must be completed by the first subsequent planting season (November 1 through March 30). Note, if the tree plantings do not survive, they will need to be replaced such that the density is sufficient to provide 320 trees per acre at maturity. [15A NCAC 02H.0507 (c), 15A NCAC 02H.0506 (b)(3), and 15A NCAC 02B.0233 (6)] 4. 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 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 Authorization and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 5. This approval and its conditions are final and binding unless contested. (G.S. 143-215.5) This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). 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. Within sixty (60) calendar days of receipt of this notice, a petition must be fled with the OAH. 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: !f sending via US Postal Service: if sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Duke Energy Mr. Steve Cahoon DWR# 15-1213 BUFFER APPROVAL Page 3 of 4 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 H. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh ncdenr.aov, if you have any questions or concerns. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Rick Grant, Carolina Power and Light Company (via email: rick, rantduke-eneryg corn) Gary Beecher, USACE Washington Regulatory Office Karen Higgins, 401 & Buffer Permitting Unit Laserfiche File Duke Energy Mr. Steve Cahoon DWR# 15-1213 BUFFER APPROVAL Page 4 of 4