HomeMy WebLinkAbout20180404 Ver 1_Approval Letter_20180409 (2)9 April 2018
DWR tf 18-0404
Rowan County
Henry Botkins, Jr.
Duke Energy Carolinas, LLC
400 South Tryon St., Ste. 30C
Charlotte, NC 28202
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Shoreline Stabilization, Buck Steam Station, High Rock Lake
Dear Mr. Botkins,
You have our approval for the impacts listed below for the purpose described in your application dated March 6,
2018 and received by the Division of Water Resources (Division) on March 20, 2018. These impacts are covered
by the Water Quality General Certification Number 4098 (attached) and the additional conditions listed below.
This Certification is associated with the use of Regional Permit Number 198200030 issued by the U.S. Army
Corps of Engineers and expires on the same day. Please note that you should obtain any other applicable
federal, state or local permits before proceeding with your project, including those required by (but not limited
to) the local lake management authority, erosion and sediment control, non -discharge, and water supply
watershed regulations.
This approval requires you to follow the conditions listed in the enclosed Certification, the 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. Please note
that this approval is for the repair and stabilization of the existing shoreline but this approval does not
allow any extension of the shoreline into the lake. 15A NCAC O2H .O506(b), 15A NCAC 02H .0507(c)
Type of Impact
FRILE
Open Waters – below normal pool
Governor
Open Waters – above normal pool
MICHAEL S. REGAN
Shoreline Length
Secretary
Water Resources
LINDA CULPEPPER
Environmental Quality
Interim Director
9 April 2018
DWR tf 18-0404
Rowan County
Henry Botkins, Jr.
Duke Energy Carolinas, LLC
400 South Tryon St., Ste. 30C
Charlotte, NC 28202
Subject: Approval of 401 Water Quality Certification with Additional Conditions;
Shoreline Stabilization, Buck Steam Station, High Rock Lake
Dear Mr. Botkins,
You have our approval for the impacts listed below for the purpose described in your application dated March 6,
2018 and received by the Division of Water Resources (Division) on March 20, 2018. These impacts are covered
by the Water Quality General Certification Number 4098 (attached) and the additional conditions listed below.
This Certification is associated with the use of Regional Permit Number 198200030 issued by the U.S. Army
Corps of Engineers and expires on the same day. Please note that you should obtain any other applicable
federal, state or local permits before proceeding with your project, including those required by (but not limited
to) the local lake management authority, erosion and sediment control, non -discharge, and water supply
watershed regulations.
This approval requires you to follow the conditions listed in the enclosed Certification, the 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. Please note
that this approval is for the repair and stabilization of the existing shoreline but this approval does not
allow any extension of the shoreline into the lake. 15A NCAC O2H .O506(b), 15A NCAC 02H .0507(c)
Type of Impact
Amount Approved (sq. ft.) permanent
Open Waters – below normal pool
350 sq. ft. (.007 ac)
Open Waters – above normal pool
1400 sq. ft.
Shoreline Length
so ft.
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
—Nothing Compares"
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000
application package with the appropriate fee. If the property is sold, the new owner must be given a
copy of this approval letter and Certification and is responsible for complying with all conditions. [15A
NCAC 02H .05061
3) The Division's Mooresville Regional Office (610 East Center Avenue, Suite 301, Mooresville, NC 28115)
shall be notified in writing once construction at the approved impact areas has commenced. [15A NCAC
02H .0502 (e)]
4) All staging, including spoil, stockpile and construction material, should occur away from the shoreline to
prevent incidental impacts to water quality.
5) All stormwater should be directed as diffuse or sheet flow (not piped) at non-erosive velocities and
should not re -concentrate before discharging into the lake.
6) The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the
DWR 401 and Buffer Permitting Unit within ten days of project completion. (available at:
htti)://portal ncdenr ora/web/wq/swp/ws/401/certsandpermits/apply/forms) or see attached. [15A
NCAC 02H .0507 (c)]
This approval and its conditions are final and binding unless contested.
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). 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.
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 Alan
Johnson at 704-663-1699 or alan.iohnsonCancdenr.eov if you have any questions or concerns.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc: DWR MRO - file copy
DWR 401 & Buffer Permitting Branch file
CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification (including planting of trees) or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to
the 401 Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service
Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
1, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
I as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature Registration No.