HomeMy WebLinkAbout20160156 Ver 2_Approval Letter_20160512Water Resources
ENVIRONMENTAL QUALITY
May 12, 2016
Duke Energy Carolinas Inc.
Attn: Steve Cahoon
410 S. Wilmington St
Raleigh NC 27601
PAT MCCRORY
(governor
DONALD R. VAN DER VAART
S'eeretrny
S. JAY ZIMMERMAN
r�
DWR # 16-0156 v2
Rockingham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Scarp Repair along Bank of the Dan River
Dear Mr. Cahoon:
You have our approval for the impacts listed below for the purpose described in your
modification application dated April 22, 2016, received by the Division of Water Resources
(Division) April 26, 2015 with additional information received on May 10, 2016. This Certification
replaces the Certification issued on February 23, 2016. These impacts are covered by the attached
Water Quality General Certification Number 3883 and 3885 and the conditions listed below.
This certification is associated with the use of Nationwide Permit Number 33 and 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:
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)]
Type of Impact
Amount Approved (units)
Amount Approved (units)
Permanent
Temporary
Stream — Dan River
270 linear feet of
0 linear feet
stabilization
Stream — Railroad Branch
0 linear feet
80 linear feet
Creek crossing #1
Stream - Railroad Branch
0 linear feet
52 linear feet
Creek crossing #2
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: 336-776-9800 \ FAX: 336-776-9797 \ Customer Service 1-877-623-6748
Internet: www.ncdenr.gov- www.ncwater.org
Duke Energy Carolinas Inc
DWR# 16-0156 v2
401 APPROVAL
Page 2 of 3
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)]
3. This authorization exempts the Permittee from meeting Condition #7 in the attached ,
general certification for the placement of in -stream structure material into the Dan River.
The Permittee shall take all reasonable measures to construct in -stream structures while
keeping heavy equipment out of the stream channel. All reasonable steps must be taken
to limit the amount of disturbance in the channel and to therefore reduce downstream
turbidity during construction. This exemption does not relieve the Permittee of meeting
stream standards as indicated in 15A NCAC 02B. [15A NCAC 02H .0506(f)]
4. This authorization exempts the Permittee from meeting Condition #12 in the attached
general certification for the burial/keying in of riprap into the stream bank of the Dan
River.
5. Upon removal of the temporary culverts and restoration of Railroad Branch Creek the
disturbed stream bank will be restored to pre -construction conditions. The area shall be
stabilized with native herbaceous vegetation immediately upon culvert removal and
native trees and shrubs shall be planted by the start of the next appropriate planting
season.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
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 (60calendar days.
A petition form may be obtained from the OAH at ht_tp:Hwww.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.
" Duke Energy Carolinas Inc
DWR# 16-0156 v2
401 APPROVAL
Page 3 of 3
Mailing address for the 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 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,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations
Section
Division of Water Resources, NCDEQ—
WSRO
Enclosures: GC 3885
cc: David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file