20150610 Ver 2_More Info Letter_20170227

K_
Water Resources
Environmental Quality
February 27, 2017
Duke Power Company
Attn: Steve Cahoon
411 Fayetteville St
Mail Code NC14
Raleigh NC 28601
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 15-0610 v2
Rockingham County
Subject: REQUEST FOR ADDITIONAL INFORMATION
Proposed Modification for Stormwater Diversion along the Rail Line Expansion Project —
Dan River Site
Dear Mr. Cahoon:
On June 29, 2016, the Division of Water Resources — Water Quality Programs (Division) received your
application dated June 28, 2016, requesting a 401 Water Quality Certification from the Division for your
project. The Division has determined that your application is incomplete and cannot be processed. The
application was placed on -hold on August 2, 2016 and you have since requested multiple extensions to the
due date for the requested information. The application is again being placed on -hold until all of the
following information is received:
Based on the February 17, 2017 letter to you from the US Army Corps of Engineers, this project
does not fall within the thresholds for coverage under the Nationwide Permit 39 and 401 Water
Quality Certification Number 3890. You intend to modify your permit application to request
approval under an Individual Water Quality Certification. [15A NCAC 02H .0502(c)]
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information
for the proper consideration of the application. If all of the requested information is not received in writing
within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it
will be returned. The return of this project will necessitate reapplication to the Division for approval,
including a complete application package and the appropriate fee.
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

Duke Energy
DWR# 2015-0610 v2
Request for Additional Information
Page 2 of 2
Please respond in writing within 30 calendar days of receipt of this letter by sending two copies of all of the
above requested information to the 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, INC
27699-1650.
Please be aware that you have no authorization under the Water Quality Certification Rules for this activity
and any work done within waters of the state may be a violation of North Carolina General Statutes and
Administrative Code.
Please contact me at 336-776-9693 or Sue. [e-mail] if you have any questions or concerns.
Sincerely,
Sue Homewood
Winston-Salem Regional Office
cc: David Baileiy, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit

Regulatory Division/1200A
Action ID No. SAW -2013-01381
Mr. Steve Cahoon
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
February 17, 2017
Duke Energy Environmental Services Department
410 South Wilmington Street
Raleigh, North Carolina 27601
Dear Mr. Cahoon:
NC Department of
Environmental Quality
Received
FEB 2 4 2097
Winston-Salem
Regional Office
Please reference your Pre Construction Notification form and attachments dated June 28,
2016, received June 30, 2016, as well as your Response to Request for Additional Information
dated September 2, 2016, received September 6, 2016. These correspondences were related to
your request for Department of Army (DA) authorization to discharge fill material into waters of
the U.S., including unnamed tributaries to Dan River and abutting wetlands, to construct a series
of stormwater diversions at the Dan River Steam Station, located east of South Edgewood Road,
and approximately 0.3 mile north of the Dan River, in Eden, Rockingham County, North
Carolina.
Following notices by the U.S. Army Corps of Engineers, Wilmington District, Raleigh
Regulatory Field Office (Corps), sent via e-mail on July 25, 2016 and September 19, 2016, that
your application was incomplete, you submitted a request via e-mail on October 28, 2016 for two
weeks of additional time to prepare a response. To date, although phone and e-mail coordination
between the Corps and you and your agent (Amec Foster Wheeler) has taken place, we have not
received the additional information necessary to proceed with your request; therefore we now
consider your application withdrawn.
Since the time of the Corps last incomplete application notice, you have indicated that the
area on your submitted plans identified as the "Remediated Dredge Area" is not covered under
the site's NPDES permit. Our discussions also indicated that this area meets the three wetland
criteria based on the "Regional Supplement to the Corps of Engineers Wetland Delineation
Manual: Eastern Mountains and Piedmont Region (Version 2.0)." Based on our meeting at the
Raleigh Regulatory Field Office on February 17, 2017, and with the above understanding, the
proposed impacts of the project will exceed the thresholds for permanent wetland and stream
impacts per the Nationwide Permit 39 terms and conditions. As such, it is our understanding that
you will resubmit the proposed project to the Corps to be evaluated as an Individual Permit.

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If you have any questions regarding these matters, please contact me at [phone]
extension 30 or [e-mail].
Sincerely,
David E. Bailey, Project Manager
Raleigh Regulatory Field Office
Copies Furnished:
Ms. Sue Homewood
Division of Water Resources
North Carolina Department of
Environmental Quality
450 W. Hanes Mill Rd, Suite 300
Winston-Salem, North Carolina 27105