20072169 Ver 1_Approval Letter_20080211

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Michael F. Easley, Governor
William G Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
February 11, 2008
DWQ# 07-2169
Rowan County
Mr. Mark Landseidel
Duke Energy Carolinas, LLC
526 South Church St.
Mail Code: EC11X
Charlotte, NC 28202
Subject: Buck Steam Station Combined Cycle Project
APPROVAL of 401 Water Quality Certification and Isolated Wetlands Permit with Additional
Conditions
Dear Mr. Landseidel:
This certification replaces the previously issued certification of February 6, 2008. You have
our approval, in accordance with the attached conditions and those listed below, to impact 0.43 acre
of isolated wetland at the site in order to complete the project in Rowan County, as described in your
application received by the Division of Water Quality (DWQ) on December 19, 2007. After reviewing
your application, we have determined that this fill is covered by State General Permit for Impacts to
Isolated Wetlands and Isolated Waters (IWGP100000), which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands/index.html). 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 is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us in writing, and you may be required to send us a new
application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following
conditions:
1. All wetlands, streams, surface waters, and riparian buffers located on the project site that may be
impacted shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities.
2. Storm water discharge structures at this site shall be constructed in a manner such that the
potential receiving streams (of the discharge) will not be impacted due to sediment accumulations,
scouring or erosion of the stream banks.
Nose Carolina
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North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: ncwaterqulaity.org FAX [phone]
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3. A final, written storm water management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit
(2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401
Water Quality Certification. The storm water management plans shall be approved in writing by
this Office before the impacts specified in this Certification occur. You have the option of using
the Express Review Program for expedited approval of these plans. If you propose to use the
Express Review Program, remember to include the appropriate fee with the plan. The storm
water management plan must include construction plans, specifications, storm water BMP
worksheets, and supporting calculations. The storm water best management practices are
required to be appropriate for the surface water classification and designed to remove at least
85% TSS according to the most recent version of the NC DENR Storm water Best Management
Practices Manual. These facilities must be designed to treat the runoff from the entire project,
unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent
building is occupied at the subject site, the facilities (as approved by this Office) shall be
constructed and operational, and the storm water management plan (as approved by this Office)
shall be implemented. The structural storm water practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity. No changes to the structural storm water
practices shall be made without written authorization from the Division of Water Quality.
4. 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 Preconstruction Notification application. All
construction activities associated with this project shall meet, and/or exceed, those requirements
specified in the most recent version of the North Carolina Sediment and Erosion Control Manual
and shall be conducted so that no violations of state water quality standards, statutes, or rules
occur.
5. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within two months of the date
the Division of Land Resources has released the project.
6. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality.
7. Continuing Compliance. The applicant (Duke Energy Carolinas, LLC) shall conduct all activities in
a manner so as not to contravene any state water quality standard (including any requirements for
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
state and federal law. If DWQ 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, DWQ may reevaluate and
modify this certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the
certification, DWQ shall notify the applicant 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 the
applicant 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.

If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition that conforms to Chapter 1506 of the North Carolina General Statutes to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville
Regional Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
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for Coleen H. Sullins
cc: Army Corps of Engineers, Asheville
Ian McMillan, Wetlands Unit
Jay Wylie, Devine Tarbell & Assoc., 400 S. Tryon St., Ste. 2401, Charlotte, 282885
Central Files
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