HomeMy WebLinkAbout20170925 Ver 1_Approval Letter_20170911September 11, 2017
Duke Energy
Attn: Steve Cahoon
410 S. Fayetteville St
Raleigh NC 27601
ROY COOPER.
Governor
MICHAEL S. REGAN
Secr•etas},
S. JAY ZIMMERMAN
Director
DWR # 2017-0925
Stokes County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Belews Creek Saddle Dikes 1 & 2 Improvements
Dear Mr. Cahoon:
You have our approval for the impacts listed below for the purpose described in your application dated July
23, 2017, received by the Division of Water Resources (Division) July 25, 2017. These impacts are covered
by the attached Water Quality General Certification Number 4085 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
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Stream
Site 1
81 (linear feet)
0 (linear feet)
Site 2
21 (linear feet)
0 (linear feet)
Site 3
26 (linear feet)
0 (linear feet)
404/401 Wetlands
Site 1
0.03 (acres)
0 (acres)
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)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: 336-776-98001 FAX: 336-776-9797
Duke Energy
DWR# 2017-0925
401 APPROVAL
Page 2 of 2
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 (919) 431-3000 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:OOam and 5: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
Sue Homewood at 336-776-9693 or sue. homewoodC�ncdenr.gov 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 4085
cc: Jean Gibby, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file