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HomeMy WebLinkAbout20060638 Ver 8_No Written Concurrence_20170810r 'y Water Resources Environmental Quality August 10, 2017 Duke Energy Progress, LLC Attn: Mr. Steve Cahoon 411 South Fayetteville Street Raleigh, NC 27601 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director DWR # 2006-0638 V8 Wayne County Subject: HF LEE ENERGY COMPLEX COOLING LAKE MAKE-UP WATER INTAKE CANAL DREDGING NO WRITTEN CONCURRENCE NEEDED Dear Mr. Cahoon: You have our approval, in accordance with the attached conditions to impact 0.5 acres of waters in order to conduct maintenance dredging as described in your application dated June 29, 2017 and received by the Division of Water Resources (Division) on July 19, 2017. After reviewing your application, we have decided that the impacts are below the threshold for written authorization as long as the conditions of General Water Quality Certification Number 4085 (GC 4085) are met. This certification allows you to use the Nationwide 3 when issued by the US 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 is only valid for the purpose and design that you described in your application except as modified below. 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 wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at http://Portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H .0506(b)(5)] This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for infor"-8 ing Compares-__. State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 HF LEE SEEP ENERGY COMPLEX COOLING LAKE MAKE-UP WATER INTAKE CANAL DREDGING DWR# 2006-0638 V8 401 APPROVAL Page 2 of 2 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:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, 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: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, 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 Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh@ncdenr.gov if you have any questions or concerns. Sincerely, V1_CJ Robert Tankard, Assis40rations nal Supervisor Water Quality RegionSection Division of Water Resources, NCDEQ Enclosures: GC 4085 Certification of Completion Site Plan cc: Samantha Dailey, USACE Washington Regulatory Field Office (via email) Laserfiche File