NCC242997_ESC Approval Submitted_20240926

Roy Cooper North Carolina L palliiient of Environmental Quality
Governor Division of Energy, Mineral &Land Resources
Elizabeth S. Biser
Secretary Land Quality Section
William Vinson Jr. (Acting)
Director
April 29, 2024
LETTER OF APPROVAL WITH MODIFICATIONS
Duke Energy Carolinas, LLC
526 South Church Street
Charlotte, NC 28202
RE: Project Name:Lowe 44kv Line Rebuild-Phase I>
Acres Approved: 160
Application ID:PA 004322
Permit Number: LINCO-2024-0102
Address: 8703 NC-73
City:Stanley
County:Lincoln
River Basin:Catawba
Stream Classification:C:Aquatic Life,Secondary Contact Recreation,Fresh water
Plan Type:New Plan
Dear Sir or Madam,
The subject erosion and sedimentation control plan was approved by default. The Sedimentation Pollution Control Act
(hereinafter "Act") states that this plan must be filed a minimum of 30 days (15 days for revised plans) prior to the activity
and the approving authority must approve or disapprove the submitted plan within 30 days (15 days for revised plans) of
receipt of G.S. 113A-54.1.The Act further states that if the approving authority fails to approve or disapprove the
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submitted plan within the 30-day (15 days for revised plans) period, the plan will be deemed approved.The Certificate of
Approval must be posted at the job site. This plan approval shall expire three (3) years following the date of approval, if
no land-disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129.
As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent(eNOI)
form requesting a Certificate of Coverage (COC) under the NCG010000 Construction General Permit.After the form is
reviewed and found to be complete, you will receive a link with payment instructions for the $120 annual permit fee.After
the fee is processed, you will receive the COC via email. As the Financially Responsible Party shown on the FRO form
submitted for this project,you MUST obtain the COC prior to commencement of any land disturbing activity. The eNOl form
may be accessed atdeq.nc.gov/NCG01. Please direct questions about theeNOlform to the Stormwater Program staff in the
Raleigh central office. If the owner/operator of this project changes in the future, the new responsible party must obtain a
new COC.
Title 15A NCAC 4B .0118(a) and the NCG01 permit require that the following documentation be kept on file at the job site:
The approved E&SC plan as well as any approved deviation.
The NCG01 permit and the COC, once it is received.
Records of inspections made during the previous 12 months.
Also,this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with
the approved plan.
North Carolina's Sedimentation Pollution Control Act is performance-oriented, requiring protection of existing natural
resources and adjoining properties. If, following the commencement of this project, the erosion and sedimentation
control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina
General Statute 113A-51 through 66),this office may require revisions to the plan and implementation of the revisions to
insure compliance with the Act.
The developer is responsible for obtaining any and all permits and approvals necessary for the development of this project
prior to the commencement of this land disturbing activity. This could include agencies such as the DEMLER Stormwater
regulations, Division of Water Resources, Water Quality Section regulations, and their enforcement requirements within
Section 401 of the Clean Water Act, the Environmental Protection Agency and/or the U.S.Army Corps of Engineers'
jurisdiction of Section 404 of the Clean Water Act, the Division of Solid Waste Management's landfill regulations, local
County or Municipalities' ordinances, or others that may be required. This approval cannot supersede any other permit or
approval; however, in the case of a Cease and Desist Order from the Corps of Engineers,that Order would only apply to
wetland areas. All upland areas would still have to be in compliance with the N.C. Sedimentation Pollution Control Act.
If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the developer is responsible for
compliance with the requirements of the Division of Water Resources, the Corps of Engineers and the Environmental
Protection Agency(EPA) respectively. Any erosion control measures that fall within jurisdictional wetland areas must be
approved by the aforementioned agencies prior to installation. The DEMLR must be notified of a relocation of the
measures in question to the transition point between the wetlands and the uplands to assure that the migration of
sediment will not occur. If that relocation presents a problem or contradicts any requirements of either DWR, the Corps,
or the EPA, it is the responsibility of the developer to inform the DEMLR regional office so that an adequate contingency
plan can be made to assure sufficient erosion control remains on site. Failure to do so will be considered a violation of
this approval.
You are requested to file an amended Financial Responsibility/Ownership Form, if there is any change in the information
provided to our office at the time of the initial plan submittal. This permit allows for a land-disturbance, as called for on
the application and plan, not to exceed the approved acres. Exceeding the acreage can be a violation of this permit and
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may require a revised plan and additional application fee. In addition, it would be helpful if you notify this office of the
proposed starting date for this project.
MODIFICATIONS REQUIRED FOR APPROVAL
1. Approval of this erosion and sedimentation control plan does not authorize impacts to wetlands, coastal marsh,
streams or other waters of the State or United States or supersede any other permitting requirement of any Federal,
State or Local agency. Prior to any ground disturbance, provide a copy of the USACE 404 permit and DWR 401
certifications for the office file. Provide a copy of the DWR Buffer Authorization. Include any additional measures,
construction specifications, maintenance requirements and construction sequencing as required by the 404/401/Buffer
Determination and Buffer Authorization on the plan sheets.
2. To ensure compliance with the Title 15A North Carolina Administrative Code 02B.0243 and to protect and preserve
existing riparian buffers along the Catawba River mainstream in order to maintain their pollutant removal functions as
an aid in protecting the water quality of the lakes and connecting river segments, a minimum 50 foot buffer zone
(undisturbed and vegetated) should be maintained. This applies to all proposed disturbances.
3. The plans have areas within the LOD that do not have any Erosion and Soil Control measures in place. Any area
where land disturbing activity will occur appropriate measure must be installed, using a combination of wattles, silt
fence, and rock outlets to control sediment.
3. Additional measures may be required - The applicant is responsible for the control of sediment on-site. If
the approved erosion and sedimentation control measures prove insufficient, the applicant must take those
additional steps necessary to stop sediment from leaving this site. [15A NCAC 4B .0115]
Your cooperation is appreciated.
Sincerely,
North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources
Land Quality Section
Enclosures: Certificate of Approval, NCGO1 Fact Sheet
Modifications Required for Approval
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North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville NC, 28115
704-663-1699
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.
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