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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