HomeMy WebLinkAbout20072169 Ver 2_Approval Letter_20080707` o?o? vV r h9PG .
co . 7
> -:l
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
July 7, 2008
DWQ Project # 07-2169
Rowan County
Mr. Mark Landseidel
Duke Energy Carolinas, LLC
526 South Church St.
Mail Code: EC 11 X
Charlotte, NC 28202
Subject: Buck Steam Station Combined Cycle Project
APPROVAL of 401 Water Quality Certification and Isolated Wetlands Permit with
Additional Conditions - REVISED
Dear Mr. Landseidel:
This certification replaces the previously issued certification of February 11, 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/ncwQtlands/index.htm1). 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.
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) by August 30, 2008. 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
Not"hCamlinn
atllCQay
401 Oversight/Express 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/ncwetlailds
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Duke Energy Carolinas, LLC
Page 2 of 3
July 7, 2008
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 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.
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.
Duke Energy Carolinas, LLC
Page 3 of 3
July 7, 2008
Sinc ely,
oleen H. Sullins
cc: Army Corps of Engineers, Asheville
Alan Johnson, DWQ Mooresville Regional Office
Jay Wylie, Devine Tarbell & Assoc., 400 S. Tryon St., Ste. 2401, Charlotte, 282885
Central Files
File Copy
Filename: 072169BuckSteamStationComb inedCycleProject(Rowan)40I -Revised