20160734 Ver 1_Approval Letter_20160922

147o ter Resources
ENVIRONMENTAL GUAU-Y
September 22, 2016
Duke Energy Progress, LLC
Mr. Karl Moser
P.O. 10429
Southport, NC 28461
PAT MCCRORY
DONALD R. VAN DER VAART
S. JAY ZIMMERMAN
Brunswick County
DWR Project # 16-0734
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Subject Property: Brunswick Steam Electric Plant — ISFSI Pad and Fish Return project
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Moser,
You have our approval, in accordance with the attached conditions and those listed below to
impact 21,085 square feet (0.484 acres) of 404 wetlands and 15,191 square feet of open waters
(0.349 acres) in order to construct a 440 foot long sheet pile wall adjacent to the ISFSI Pad with
associated rip -rap along 3,600 linear feet of shoreline adjacent to the Fish Return Sluiceway and
to replace 4 stormwater outfalls within the intake canal as described in your CAMA application
received by the Division on July 28, 2016, with additional information received on September
20, 2016. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number 3900 (GC 3900). 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, Non -discharge,
and stormwater 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
Permit. This Certification can also be found on line at:
htW://i)ortal.ncdenr.org/web/Wq/swp/ws/401/certsandpermits.
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 150 linear 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.
State of North Carolina I Department of Environmental Quality I Division of Water Resources
127 Cardinal- Drive Ext., Wilmington, NC 28405
919 796 7215

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2016-0734
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The Additional Conditions of the Certification are:
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 anew
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 and is responsible for complying with all
conditions. Any new owner must notify the Division and request the Certification be issued in
their name {I 5A NCAC 02H .0501 and .0502}.
2. 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 anew
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 and is responsible for complying with all
conditions. Any new owner must notify the Division and request the Certification be issued in
their name 115A NCAC 02H.0501 and .0502}.
3. Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. The applicant will also
be required to evaluate all acquired permits to assure that they are consistent and all relative
impacts are accounted for and shown on the construction plans. [15A NCAC 02H.0502 (b) and
15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply
with all of the terms of this Certification, and shall provide each of its contractors (and/or agents)
a copy of this Certification.
4. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B..0221. Appropriate sediment and erosion control practices must be
used to meet this standard. Turbidity curtains and berms shall be used as appropriate. Please
notify this Office if any turbidity issues arise at 910.796.7215
5. Work Moratoriums
The permittee shall adhere to all appropriate in water work moratoriums as prescribed by the NC
Wildlife Resources, NC Division of Marine Fisheries and the National Marine Fisheries Service.
15A NCAC 02H.0506 (b)(2) and 15A NCAC 0213 .0221 (1)
6. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless of
the expiration of this Certification.

Brunswick Steam Plant ISFSI Pad
2016-0734
Brunswick County
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7. The permittee shall require its contractors and/or agents to comply with the terms of this permit in
the construction and maintenance of this project, and shall provide each of its contractors and/or
agents associated with the construction or maintenance of this project a copy of this certification.
A copy of this certification including all conditions shall be available at the project site during the
construction and maintenance of this project. [15A NCAC 02H.0507 (c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
Continuing Compliance:
The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State
and Federal law. If the Division determines that such standards or laws are not being met,
including 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, than the Division may
reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)]
9. All mechanized equipment operated near surface waters or wetlands will be regularly inspected
and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic
fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the
permittee/contractor shall immediately contact the Division of Water Quality, between the hours
of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on
weekends call [phone]. Management of such spills shall comply with provisions of the
North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506
(b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A].
10. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a
waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3)
and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. Any marina project that proposes to dispense or
store fuel, must adhere to an EPA approved Spill Prevention Control and Countermeasure (SPCC)
plan.
11. The project shall comply with 15A NCAC 02T.0301 and all other State, Federal and local sewer
system regulations. [15A NCAC 02T .0301]
12. This certification grants permission to the director, an authorized representative of the Director, or
DENR staff, upon the presentation of proper credentials, to enter the property during normal
business hours 15A NCAC 02H.0502(e).
13. 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 and/or authorized agent is required
to return a completed certificate of completion form to the NCDENR DWR 401 and Buffers Unit
North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699

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within ten days of project completion. The certification of completion is available at:
http://portal.ncdenr.org/web/wq/swp/ws/401 /certsandpermits/apply/forms.
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.
This approval and its conditions are final and binding unless contested.
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
(OAH). A petition form may be obtained from the OAH at http://,AF"rw.ncoal-i.com/ or by calling
the OAH Clerk's Office at [phone] for information. Within sixty (60) calendar days of
receipt of this notice, a petition must be filed with the OAH. 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 8:00 am and 5:00 pm, 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.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc).-
Office
tc):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

Brunswick Steam Plant ISFSI Pad
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Brunswick County
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This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central
Office in Raleigh at 919.807.6364 or Jennifer.Burdettenncdenr. og_v or Chad Coburn in the
DWR Wilmington Regional Office at 910.796.7379 or Chad.Coburn�;ncdenr.gov.
Sincerely,
Jimson Re 4 onal Supervisor
g � g p
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 3900
cc: Everett Pankuuk — Andrew Consulting Engineers — 3811 Peachtree Avenue, Suite 300,
Wilmington, NC 28403
Liz Hair - USACE Wilmington Regulatory Field Office
Heather Coats — DCM Wilmington
Jennifer Burdette — Wetlands and Buffer Unit
WiRO
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2016 I