20150998 Ver 1_Buffer Determination_20160210

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DATE
Duke Energy Progress
Attn: Mr. Stephen Cahoon
249 Sutton Lake Road
Wilmington, NC 28403
PAT MCCRORY
(y ) cmo
DONALD R. VAN DER VAART
S. JAY ZIMMERMAN
/)/re(to)
DWR # 15-0998
New Hanover County
Subject: Approval of Individual Isolated and Other Non -404 Jurisdictional Wetlands and Waters
Permit with Additional Conditions
L. V. Sutton Steam Station — On-site Landfill
Dear Mr. Cahoon:
Attached hereto is a copy of Permit No. IWP00000X issued to Duke Energy Progress, dated DATE.
Please note that you should get any other federal, state or local permits before proceeding with
the subject project, including those required by (but not limited to) Sediment and Erosion Control,
Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Permit can be
contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
thirty (30) 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 [phone] 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 [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.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 8076300

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 Progress
DWR# 15-0998
Permit # IWPOOOOOX
Page 2 of 7
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 DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Permit shall be final and binding.
This permit completes the review of the Division under Title 15A NCAC 02H .1300. Contact Chad
Coburn at 910-796-7379 or [e-mail] or Jennifer Burdette at 919-807-6364 or
[e-mail] if you have any questions or concerns.
Sincerely,
S. Jay Zimmerman, P.G.
Director, Division of Water Resources
cc: Ed Mussler, PE, DWM Permitting Supervisor
DWR WiRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 150998SuttonOn-siteLandfill(New Hanover)_IWP_IP.docx

Duke Energy Progress
DWR# 15-0998
Permit # IWPOOOOOX
Page 3 of 7
NORTH CAROLINA ISOLATED AND OTHER NON -404 JURISDICTIONAL
WETLANDS AND WATERS PERMIT
Permit #IWPOOOOOX is issued in conformity with the requirements of Public Laws 92-500 and 95-
217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .1300, to
Duke Energy Progress, who have authorization for the impacts listed below, as described within
your application received by the N.C. Division of Water Resources (Division) on December 22, 2015
and subsequent information on January 28, 2016, and by Public Hearing conducted by the Division
and N. C. Division of Waste Management on DATE.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the permit below.
Conditions of Permit:
1. Impacts Approved
The following impacts are hereby approved provided that all of the other specific and general
conditions of the Permit are met. No other impacts are approved, including incidental impacts.
[15A NCAC 02H .1305(d)]
Type of Impact
Amount Approved
Amount Approved (units)
(units)
Temporary
Permanent
Cape Fear/
Isolated Wetlands
6.57 (acre)
0 (acre)
2. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received an acceptance letter from the Lower Cape Fear Mitigation Bank to meet this mitigation
requirement. Until the Lower Cape Fear Mitigation Bank receives and clears your payment, and proof
of payment has been provided to this Office, no impacts specified in this Permit shall occur. For
accounting purposes, this Permit authorizes payment to the Lower Cape Fear Mitigation Bank to
meet the following compensatory mitigation requirement [15A NCAC 02H .1305 (d)(6)]:
Compensatory Mitigation
River and Sub -basin
Required
Number
Cape Fear/
Isolated Wetlands
5.57 (acre)
03030005

Duke Energy Progress
DWR# 15-0998
Permit # IWPOOOOOX
Page 4 of 7
3. Future Ash Basin and Lay of Land Area Excavation
If future ash basin and lay of land area excavation and closures involve impacts to additional
isolated and/or Section 404 jurisdictional wetlands or waters, a modification of this permit
and/or application for a Section 404 permit must be obtained.
4. Solid Waste Permit
Full compliance with Solid Waste Permit ####-XXXX-####, issued by the Division of Waste
Management (DWM), is required. The Division shall be copied on any request for
modification to the Solid Waste Permit. [15A NCAC 02H .1305(d)(2)]
IOWI190116V0Fi ilsi f l
Full compliance with NPDES Permit NC0001422, issued by DWR, is required. The Division shall
be copied on any request for modification to the NPDES Permit. [15A NCAC 02H .1305(d)(5)]
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification for this
project. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit. [15A NCAC 02H .1301 and .1302]
7. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .1305(d)(3)]:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile
(spoil) projects, including contractor -owned or leased borrow pits associated with the
project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.

Duke Energy Progress
DWR# 15-0998
Permit # IWPOOOOOX
Page 5 of 7
e. The sediment and erosion control designs must comply with the requirements set
forth in 15A NCAC 04B .0124 Design Standards in Sensitive Watersheds.
8. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of
the date that the Division of Energy, Mineral and Land Resources (DEMLR) or locally
delegated program has released the specific area within the project. [15A NCAC 02H .1301
and .1302]
9. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping
and reporting requirements is required. A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at:
http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. 15A NCAC 02H .1305(d)(5)]
10. Work in the D
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the INC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .1305(d)(3)]
11. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200]
12. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15A NCAC 02B .0200]

Duke Energy Progress
DWR# 15-0998
Permit # IWPOOOOOX
Page 6 of 7
13. This Permit does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals.
14. Continuing Compliance
Duke Energy Progress shall conduct construction 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 and Federal
law. [15A NCAC 02B .0200] If the Division 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, the
Division may reevaluate and modify this Permit. Before modifying the Permit, the Division shall
notify Duke Energy Progress, provide public notice in accordance with 15A NCAC 02H.1303 and
Coal Ash Management Act of 2014 (CAMA 2014), and provide opportunity for public hearing in
accordance with 15A NCAC 02H.1303 and CAMA 2014. Any new or revised conditions shall be
provided to Duke Energy Progress in writing. [15A NCAC 02H .1304(c)(2)]
15. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Permit. 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 Permit and is
responsible for complying with all conditions. Any new owner must notify the Division and
request the Permit be issued in their name. [15A NCAC 02H .1301 and .1302]
16. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the Division 401 & Buffer Permitting Branch within ten days of project completion
(available at: http://Portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms).
[15A NCAC 02H .1302(f)]
17. This permit grants permission to the director, an authorized representative of the Director, or
DEQ staff, upon the presentation of proper credentials, to enter the property during normal
business hours. [15A NCAC 02H .1302(e)]
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire 5 years from the date of this permit. The conditions in
effect on the date of issuance shall remain in effect for the life of the project, regardless of the
expiration date of this Permit. [15A NCAC 02H .1304(c)(2) and 15A NCAC 02H .1305]

Duke Energy Progress
DWR# 15-0998
Permit # IWPOOOOOX
Page 7 of 7
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Permit and may also result in criminal and/or civil penalties.
This the XX day of MONTH 2016
S. Jay Zimmerman, P.G.
Director, Division of Water Resources
SJZAab
I W P00000X