20080024 Ver 1_Application Returned_20080616

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, P.E. Director
Division of Water Quality
June 16, 2008
DWQ Project # 08-0024
Caldwell County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED - 7002 0460 0001 9899 7163
Ernie Mitchell
Duke Power
2500 Fairfax Road
Greensboro, North Carolina 27404
Subject Property: Lenoir Main Substation Repair
Town Branch
Project Return as Incomplete
Dear Mr. Mitchell:
On January 15, 2008, the Division of Water Quality (DWQ) received your application to
perform stream stabilization with respect to the power substation located adjacent to
Town Branch. On February 1, 2008 the DWQ sent you an additional information
request. As of today, the DWQ has not received a response to any of the items
discussed in the additional information request. Therefore, we are returning your
application as incomplete in accordance with 15A NCAC 2H .0506.
Should you decide to pursue you project, the following items must clearly be included in
any future application to the Division of Water Quality for filling Waters of the State:
• You must show supporting information, including, but not limited to color
photographs, and cross-sectional surveys of the proposed work area and an un-
impacted upstream segment.
• You must clarify what, if any, impervious areas exist adjacent to the proposed
work area.
• You must evaluate "natural channel design" techniques and the suitability of such
in relation to the desired bank stability.
• You must clarify the needed distance of stabilization. If this amount exceeds the
identified erosion area, you must clearly justify the need for the additional
stabilization.
North Carolina Division of Water Quality 2090 US Highway 70 Swannanoa, NC 28778 Phone: [phone] Customer Service
Internet: www.ncwaterquality.orq FAX: [phone]
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G:\WPDATA\DEMWQ\Caldwell\401 s\08-0024. LenoirMainSubstationRepair. retumed.doc
Lenoir Main Substation Repair
Page 2 of 2
June 13, 2008
As you have no authorization under Section 401 of the Clean Water Act for this activity,
any work within waters of the state would be a violation of North Carolina General
Statutes and Administrative Code. Please call Kevin Barnett at 828-296-4657 if you
have any questions this matter.
Sincerely,
Al
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
cc: Brooks Cole, Quatermaster Environmental, Inc
Post Office Drawer 400
Shelby, NC 28150
Cyndi Karoly, DWQ, Wetlands / 401 Permitting Unit
Amanda Jones, USACE Asheville Regulatory Field Office
Ron Linville, Wildlife Resources Commission
Becky Fox, US EPA, Region 4
File Copy
Central Files
Filename: 08-0024.LenoirMainSubstationRepair. returned