20081589 Ver 1_Approval Letter_20090108

Michael F, Easley, Governor

Williarn G. Ross Jr., Secretary
North Carolina Department of Environrnent and Natural Resources

Coleen H. Sullins, Director
Division of Water Quality

January 8, 2009

DWQ Project # 08 - 1589 v2
Brunswick County

Brunswick Nuclear Plant
Mr, Edward L. Wills, Jr.
8470 River Road SE
Southport NC 28461

Subject Property: Brunswick Nuclear Plant Diversion Structure Maintenance

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Wills:

You have our approval, in accordance with the attached conditions and those listed below, to impact 0.031 acres of
404 Wetlands for the purpose of conducting maintenance of the existing intake structure as described within your
application received by DWQ on December 23,2008, After reviewing your application, it has been determined that
the impacts are covered by General Water Quality Certifi tion Number 3687 (GC3687), The Certification(s)
allows you to use Nationwide Permit 3 when issued b ~!y Corps of Engln..rs (USACE). This
certification replaces the October 22, 2008 certificati. r~. S04 wetland impacts. In addition, you
should obtain or otherwise comply with any O!tequired fed te . aR' before you go ahead with
your project including (but not limited to) Ero a d' e . Contro , - , g . tormwater
",gobbons. Also. this approval to p,"ooed with ~. ..: a': or to cond c. ~o waters as depicted
in your application shall expire upon expiration of the 40n~e

This approval is for the purpose and design that you described in your applica ~our project, you
must notify us and you may be required to send us a new application, If the property is s tf n~w owner must be
given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions, If
total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory
mitigation may be required as described in I SA NCAC 2H ,0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below,

The Additional Conditions of the Certification are:

1, Impacts Approved

The following impacts are hereby approved as long as all of the other specific and general conditions of this
Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental
impacts:

404/401 Wetlands

Plan Location or Reference
Pa e 9 of 12

2, No Sediment & Erosion Control Measures win Wetlands or Waters

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 six months of the date that the Division of Land
Resources has released the project.

~'ithCarolina
.Naturall!!

North Carolina Division of Water Quality
Internet: www.llcwateraualitv.org

1617 Mail Service Center
Location: 5 I 2 N. Salisbwy St.

Raleigh, NC 27699-1617
Raleigh, NC 27604

Phone [phone]
Fax [phone]

Customer Service
1-877-623-6748

An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper

2
BNP Diversion Structure Maintenance
Brunswick County
2008-1 589v2

3, Construction Stormwater Permit NCGOIOOOO

Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources
(DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General
stormwater permit (NCGO 1 0000) administered by DWQ is automatically issued to the project. This
General Permit allows stormwater to be discharged during land disturbing construction activities as
stipulated by conditions in the permit. If your project is covered by this permit [applicable to
construction projects that disturb one (1) or more acresl, full compliance with permit conditions
including the sedimentation control plan, self-monitoring, record keeping and reporting
requirements are required. A copy of this permit and monitoring report forms may be found at
httv:l/h2o, enr,state. nc, us/su/F arms Documents, htm,

4. Certificate of Completion

Upon completion of all work approved within the 40 I Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return the attached certificate of
completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650,

If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing, .... B'thi~.60 da.y. s o. fthe date that you receive this
letter. To ask for a hearing, send a written petition, w c t~' "tle.xl B ofth e North Carolina General
Statutes to the Office of Administrative Heari ,6714 ai ' e. '. ., r...' 7699-6714. This
certification and its conditions are [mal and b' 'n ask for a eari g~. t
~~ .. c

Violations of any condition herein set forth may resu t 1 ~f '~""", r. result in criminal
and/or civil penalties, The authorization to proceed with your proposed r pacts to waters as
depicted in your application and as authorized by this Certification shall expire upon e . i of the 404 or CAMA
Permit.

This letter completes the review of the Division of Water Quality under Section 40 I of the Clean Water Act. If you
have any questions, please telephone Ian McMillan in the Central Office in Raleigh at 9 I 9-733- I 786 or Chad
Coburn in the DWQ Wilmington Regional Office at 910-796-7215,

Sincerely,

I-I,.. "

, /
"-'>--.-.-

~~-.'l

1

CoIeen H, Sullins, Director
Division of Water Quality

Enclosures:

GC 3687
Certificate of Completion

cc: Steve Cahoon - Progress Energy Carolinas, Inc., P.O, Box 1551, Raleigh, NC 27602
Kim Garvey - USACE Wilmington Field Office
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
Central Files
WiRO