20161203 Ver 1_Approval Letter_20170112

Environmental
Quality
January 12, 2017
Duke Energy Corporation
Attn: Steve Cahoon
410 S. Fayetteville St
Raleigh NC 27601
ROY COOPER
Governor
WILLIAM G. ROSS, JR.
Acting Secretar y
DWR # 2016-1203
Stokes County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Belews Creek Saddle Dikes 2 & 3 Erosion Repair
Dear Mr. Cahoon:
You have our approval for the impacts listed below for the purpose described in your application dated
December 2, 2016, received by the Division of Water Resources (Division) December 8, 2016, with
subsequent information on January 11, 2017. These impacts are covered by the attached Water Quality
General Certification Number 3883 and the conditions listed below. This certification is associated with
the use of Nationwide Permit Number 3 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:
1. 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
Permanent Impact
Amount Approved (units)
Open Waters
Site 1— Saddle Dike 2
0.003 (acres)
215 feet of shoreline
Site 2 —Saddle Dike 3
0.005 (acres)
140 feet of shoreline
State of North Carolina 1 Environmental Quality
450 W. Hanes Mill Rd, Suite 3001 Winston-Salem, North Carolina 27105
336-776-9800

Duke Energy Coporation
DWR# 2016-1203
401 APPROVAL
Page 2 of 3
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 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)]
Appropriate measures, including turbidity curtains around each repair area, should be installed
prior to any land clearing activities to protect waters and wetlands from turbidity and/ or
sedimentation. These measures should be routinely inspected and properly maintained, and
excavated materials should be contained outside the wetland boundary. Excessive silt and
sediment loads can have numerous detrimental effects on aquatic resources including
destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. [15A
NCAC 02H .0506 (b)(3) and (c)(3)]
4. All banks shall be laid back to at least a 2:1 (length : height) slope and riprap applied at the water
/ land interface (at full pool). Riprap shall be placed as a linear protective measure upon the
regraded slopes. Stone used in stabilization shall be of a size and density sufficient to prevent
movement by wave or current action or stream flows and shall consist of clean rock or masonry
material free of debris or toxic pollutants. The rip -rap shall be installed over a toed in filter fabric
to prevent soil erosion behind the stabilized area. [15A NCAC 02H .0507 (c)]
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 (60) calendar days.
A petition form may be obtained from the OAH at http://"www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] 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 [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
Duke Energy Coporation
DWR# 2016-1203
401 APPROVAL
Page 3 of 3
If sending via delivery service (UPS, FedEx, etc):
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 Hayes, General Counsel
Department of Environmental Quality
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 [e-mail] 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 3883
cc:. John Thomas, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file