20160028 Ver 1_Staff Comments_20160111

Montalvo, Sheri A
From: Scarbraugh, Anthony
Sent: Monday, January 11, 2016 7:42 AM
To: Montalvo, Sheri A
Subject: RE: PCN Application for HF Lee Plant
I thought these were standalone projects for Duke. You may want to check with Jen on that.
Anthony
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
[e-mail]
943 Washington Square Mall
Washington, NC 27889
":��'Nothing Compares
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Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Montalvo, Sheri A
Sent: Thursday, January 07, 2016 12:54 PM
To: Scarbraugh, Anthony <[e-mail]>
Subject: RE: PCN Application for HF Lee Plant
Anthony,
Is this project going to be v5 of 20060638?
From: Scarbraugh, Anthony
Sent: Tuesday, December 29, 2015 3:59 PM
To: Montalvo, Sheri A <[e-mail]>
Subject: PCN Application for HF Lee Plant
Sheri,
1

You have probably received or will receive a check from Duke Energy with no application. The application will be sent
out tomorrow per Mike Graham of Duke Energy.
Thanks,
Anthony
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthony.scarbraugh(a.ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
�'>�Nothimq Compares,,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Water Resources
ENVIRONMENTAL QUALITY
Duke Energy Progress, LLC
Attn: Rick Grant
1199 Blackjack Church Road
Goldsboro, NC 27530
PAT MCCRORY
Gmemor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
February 9, 2016 Dimclor
DWR # 16-0028
Wayne County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Duke Energy Progress H.F. Lee Complex Bank Stabilization Project
Dear Mr. Grant:
You have our approval for the impacts listed below for the purpose described in your application dated
December 9, 2015 and received by the Division of Water Resources (Division) on January 5, 2016 with
subsequent information received on January 25, 2016. These impacts are covered by the attached Water
Quality General Certification Number 3885, Neuse River Riparian Buffer Rules, and the conditions listed
below. This certification is associated with the use of Nationwide Permit Number 13 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 certification(s) 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 02B .OS06(b)(c) and 15A NCAC 02B .0233]
Type of Impact
Amount
Amount Plan location/ Reference
Approved
Approved Attached
(units)
(units)
Permanent
Temporary
Stream
S1 (Stabilization)
30 (linear feet)
0 (linear feet) Figure CE -01
Buffer
B-1
247 (square
0 (square feet) Figure CE -01
(Stabilization)
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. It
State of North Carolina I Environmental Quality l Water Resources—Water Quality Regional Operations—Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481

DUKE PROGRESS ENERGY, LLC
ATTN: MR. RICK GRANT
DWR# 16-0028
401 AND BUFFER APPROVAL
Page 2 of 5
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 and is responsible for
complying with all conditions. [15A NCAC 02B .0507(d)(2)]
3. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 3885. [15A NCAC 02B .0507(c)]
4. No waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind occur in wetlands, waters, or riparian buffer areas
beyond the footprint of the impacts depicted in the application. All construction
activities, including design, installation, operation, and maintenance of sediment and
erosion control Best Management Practices, shall be performed so that no violation of
state water quality standards, statutes, or rules occur. [35A NCAC 02H .0501 and .0502]
5. Turbidity Standard
The Permittee shall adhere specially to 15A NCAC 026.0211 Fresh Water Quality for Class
WS -IV Waters (14) pH: shall be normal for waters in the area, which generally shall range
between 6.0 and 9.0 except that swamp waters may have a pH as low as 4.3 if it is the
result of natural conditions; (21) Turbidity: the turbidity in the receiving water shall not
exceed 50 NTU in stream not designated as trout waters; if turbidity exceeds this level
due to natural background conditions, the existing turbidity level shall not be increased.
[15A NCAC 02B .0211]
6. 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)]
7. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]

DUKE PROGRESS ENERGY, LLC
ATTN: MR. RICK GRANT
DWR# 16-0028
401 AND BUFFER APPROVAL
Page 3 of 5
8. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Washington Regional
Office at 252.946.6481 and after hours and on weekends call [phone].
Management of such spills shall comply with provisions of the North Carolina Oil Pollution
and Hazardous Substances Control Act. [15A NCAC 02H .0506(b)(3) and (c)(3), 15A NCAC
02B .0200 (3)(f), and GS 143 Article 21A]
9. Re Opener Clause
The Duke Energy Progress, LLC and their authorized agents shall conduct their activities
in a manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other
appropriate requirements of State law and federal law. The Duke Energy Progress, LLC
shall require their contractors (and/or agents) to comply with all of the terms of this
Certification, and shall provide each of their contractors (and/or agents) a copy of this
Certification. A copy of this Certification shall be included in the construction contract
and available on the job site at all times. If DWR determines that such standards or laws
are not being met (including the failure to sustain a designated or achieved use) or that
State or federal law is being violated, or that further conditions are necessary to assure
compliance, DWR may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance
with 15A NCAC 2H.0507(d). Before modifying the certification, DWR shall notify Duke
Energy Progress, LLC and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to
DWR in writing, shall be provided to the United States Army Corps of Engineers for,
reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall
also become conditions of the 404 Permit for the project.
10. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC 27699-1650. 115A NCAC 02H
.0507 (c)]
11. The applicant and/or authorized agent shall provide a completed Certificate of
Completion form to the Division within thirty (30) days of project completion (available
at http://Portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A
NCAC 02H .0506(b)(5)]
12. Within 60 days of completion of construction, as -built drawings (which can be shown on
an aerial or done as a survey) shall be submitted to both the Division of Water Quality,

DUKE PROGRESS ENERGY, LLC
ATTN: MR. RICK GRANT
DWR# 16-0028
401 AND BUFFER APPROVAL
Page 4 of 5
401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh NC 27699-1617 and to
the Washington Regional Office. [15A NCAC 02H.0507 (c) and 15A NCAC 02H .0506 (b)(2)
and (c)(2)]
13. This approval and their conditions are final and binding unless contested. [G.S. 143-215.51
i
These Certifications 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). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed 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 8:00 am and 5:00 pm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], 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 forthe 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 DEQ:
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 section 401 of the Clean Water Act and Neuse Buffer
Rules. Please contact Anthony Scarbraugh at 252-948-3924 or [e-mail] if you
have any questions or concerns.

DUKE PROGRESS ENERGY, LLC
ATTN: MR. RICK GRANT
1Pdl3i1IM161f�y
401 AND BUFFER APPROVAL
Page 5 of 5
Sincerely,
Robert Tankard, Assistant egional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 3885
Certification of Completion
cc: Gary Beecher, USACE Washington Regulatory Field Office (via email)
Richard Peed, DEMLR WaRO (email)
Laserfiche
File
William T. Bryson, Environmental Services, Inc. (via email: wbrysonCcDesinc.cc)

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