HomeMy WebLinkAbout20071868 Ver 2_Approval Letter_20080303o`'~~ W A r~~p~
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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
March 3, 2008
DWQ Project # 07-1868, Ver. 2
Burke County
Mr. Tim Huffman
Duke Energy Carolinas, LLC
526 South Church Street
Mail Code: EC l0A
Charlotte, NC 28202
Subject Property: Bridgewater Hydroelectric Demolition and Rebuild
Catwaba River [030830, 11-(23), WSIV, B]
APPROVAL of 401 Water Quality Certification, Isolated Wetland General Permit
(IWGP100000), and Authorization Certificate per the Catawba River Buffer Protection
Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Huffman:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.013 acres of 404/wetland (temporary), 4371inear feet of
perennial stream (temporary), and 2,700 square feet of Zone 1 Catawba River basin protected
riparian buffer and 1,800 square feet of Zone 2 Catawba River basin protected riparian buffer in
the Catawba River Basin as described in your application dated December 14, 2007, and
received by the Division of Water Quality (DWQ) on December 28, 2007, with additional
information received from you on February 29, 2008, to demolish the existing powerhouse and
construct a new powerhouse at the site. After reviewing your application, we have decided that
the impacts are covered by General Water Quality Certification Number(s) 3688 (GC3688). The
Certification(s) allows you to use Nationwide Permit(s) 33 (NW33), when issued by the US
Army Corps of Engineers (USAGE). Also, we have determined that this Isolated Wetland fill
(0.30 acres of Isolated Wetland -open water-stilling basin, permanent impact) is covered by the
State General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGP100000).
Finally, this Certification shall also act as your approved No Practical Alternatives determination
for impacts to the Catawba River basin protected riparian buffers per 15A NCAC 2B .0243(2).
In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall
expire upon expiration of the 404 or CAMA Permit, and the authorization to proceed with
your proposed impacts to Isolated Wetlands as depicted in your application and as
authorized by this Permit, shall expire upon expiration of IWGP100000 (September 30,
2008) or unless otherwise rescinded by the Director of the Division of Water Quality.
401 OversighUExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-6893 /Internet: http://h2o.enr.state.nc.us/ncwetlands
NonehCarolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Duke Energy Carolinas, LLC
Page 2 of 4
March 3, 2008
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 1501inear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
T e of Im act Amount A roved Units Plan Location or Reference
Isolated Wetland 0.30 (acres) -permanent PCN a e 9 of 14
404/Wetland 0.013 (acres) -temporary PCN a e 8 of 14
Stream - erennial 437 (linear feet) -temporary PCN a e 8 of 14
Buffers Zone 1 2,700 (square ft.) PCN a e 12 of 14
Buffers Zone 2 1,800 (square ft.) PCN a e 12 of 14
2. No Waste, Spoil, Solids, or Fill of Any Kind
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. 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.
3. 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 in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The 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.
c. 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 Carolinas, LLC
Page 3 of 4
March 3, 2008
4. Sediment and Erosion Control Measures
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 six months of the date that the Division of Land Resources has released the project;
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer, wetland or water prior to and land disturbing activities;
6. Diffuse Flow (Review)
All constructed stormwater conveyance outlets shall be directed and maintained to flow
in a diffuse manner at non-erosive velocities through the entire protected stream buffers
without re-concentrating. If this is not possible it may be necessary to provide stormwater
facilities that are considered to remove nitrogen.
7. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), 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, which
conforms to Chapter 150B 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.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 154B.
Duke Energy Carolinas, LLC
Page 4 of 4
March 3, 2008
This letter completes the review of the Division of Water Quality under Section 40.1 of the Clean
Water Act, the Isolated Wetland Rules (IWP100000) and the Catawba River riparian buffer rule
as described within 15A NCAC 2B .0243. If you have any questions, please telephone Cyndi
Karoly or Ian McMillan at 919-733-1786.
Enclosures: GC3688
Certificate of Completion
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Jason Isbanioly, DTA, Inc., 400 S. Tryon Street, Suite 2401, Charlotte, NC 28285
Filename: 071868BridgewaterHydroelectricDemolitionAnd Rebuild(Burke)401_1C
Certification of Completion
DWQ Project No.: County:
Applicant:
Proj ect Name:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Uriit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer.. It is not necessary to send
certificates from all of these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
Date:
1, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within :substantial
compliance and intent of the 401 Water QuaIfty Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional ~
I, as a duly registered Professional {i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina., having been authorized. to observe (periodically,
weekly, fixll time) the construction of the project, for the Permitee hereby state that, to the best of my, abilities, .due care.
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification andBuffer Rules, the- approved plans and
specifications, and other supporting materials. .
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Suffer Rules, the approved plans and specifications,
Signature: Registration No. Date