20180460 Ver 1_Approval Letter_20180409 (2)

Water Resources
Environmental Quality
Terry Tuck
Duke Energy Corp.
235 Plant Allen Rd.
Belmont, NC 28012
Subject Property
Plant Allen; Retention Basin
FILE=
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
9 April 2018
DWR # 18-0460
Gaston County
AUTHORIZATION of Catawba River Riparian Buffer Protection Rules MINOR VARIANCE
[15A NCAC 2B.0243 (9)(c)] with ADDITIONAL CONDITIONS
Dear Mr. Tuck,
You have our authorization, in accordance with the conditions listed below, to impact 3,714 square
feet (ft2) of Zone 1 of the protected buffers and 1,996 square feet (ft2) of Zone 2 of the protected buffers
on the subject property as described within your variance request dated March 22, 2018, received by the
Division of Water Resources (DWR) on March 29,2018. This letter shall act as your variance
authorization as described within 15A NCAC 2B .0243 (9)(c). In addition, you should obatin any other
required federal, state or local permits before you proceed with your project including (but not limited to)
Sediment and Erosion Control. This authorization shall expire five (5) years from the date of this
authorization.
This authorization is only valid for the purpose and design that you described in your Minor
Variance Request. If you change your project, you must notify us and you may be required to send us a
new request for authorization. If the property is sold, the new owner must be given a copy of this
authorization and is thereby responsible for complying with all conditions. For this authorization to be
valid, you must follow the conditions listed below.
No impacts (except for "exempt' uses as identified within 15A NCAC 2B .0243) shall occur to Zone 1 of
the protected riparian buffers.
1. Certificate of Completion. Upon completion of all work approved within this Buffer
Authorization, the applicant is required to return the attached certificate of completion to the
401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Resources,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
2. Mitigation: Compensatory Mitigation Using the Division of Mitigation Services (DMS)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the NC DMS to meet this mitigation
- >'Nothing Compares" -...-
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

requirement. This has been determined by the DWR to be a suitable method to meet the
mitigation requirement. Until the DMS receives and clears your check (made payable to: DEQ
— DMS), no impacts specified in this Authorization shall occur. The DMS should be contacted
at [phone] if you have any questions concerning payment into a restoration fund. You
have one (1) month from the date of this authorization to remit this payment. For accounting
purposes, this Authorization authorizes payment into the Buffer Restoration Fund to meet the
following compensatory mitigation requirement:
If you do not accept any of the conditions of this authorization, you may ask for an adjudicatory
hearing. You must act within sixty (60) days of the date that you receive this letter. To request a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This authorization
and its conditions are final and binding unless you request a hearing.
This letter completes the review of the Division of Water Resources under the Catawba Riparian
Buffer Protection Rules 115A NCAC 2B .0243]. Please contact Alan Johnson at [phone] or
alan.iohnson4ncdenr.gov if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Wetlands Unit (email)
MRO, Land Quality
Compensatory
Mitigation Required
Reference
Mitigation
Zone 1 Buffers
3714 (square feet)
Catawba (03050101)
7428 (square feet)
Zone 2 Buffers
1996 (square feet)
Catawba (03050101)
2994 (square feet)
If you do not accept any of the conditions of this authorization, you may ask for an adjudicatory
hearing. You must act within sixty (60) days of the date that you receive this letter. To request a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This authorization
and its conditions are final and binding unless you request a hearing.
This letter completes the review of the Division of Water Resources under the Catawba Riparian
Buffer Protection Rules 115A NCAC 2B .0243]. Please contact Alan Johnson at [phone] or
alan.iohnson4ncdenr.gov if you have any questions or require copies of our rules or procedural
materials.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Wetlands Unit (email)
MRO, Land Quality

18-0460
NORTH CAROLINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Duke Energy Corporation, has permission as outlined
below to impact the Catawba Riparian Buffer in order to proceed with the outfall for the Retention Basin
at the Plant Allen Facility in Gaston County, North Carolina. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached certification. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: Division of Mitigation Services (DMS)
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
3714 sq. ft., Zone 1 Buffer
1996 sq. ft., Zone 2 Buffer
Plant Allen Station
Gaston
Catawba (0305010 1)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation of
wetlands as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to the
nearest foot and acreage requirements must be rounded to one-quarter acre increments according
to 15 2r .0503(b).
Mitigation:
3714 sq. ft., Zone 1 required (2:1 ratio)
1996 sq. ft., Zone 2 required (1.5:1 ratio)
Mitigation:
The above noted mitigation is required by the DMS required for the Variance Authorization. In
correspondence dated March 12, 2018 the DMS indicated that up to 3714 sq. ft. of Zone 1 and 1996
sq. ft. of Zone 2 would be conducted by DMS if available within the cataloging unit. More may be
required if mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is through
the payment of a fee to the DMS per NCAC 2R .0503. If you choose this option, please sign this form
and mail it to the DMS at the address listed below. An invoice for the appropriate amount of payment
will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT
AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE DMS
Signature Date
ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652

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 Transportation Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. 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:
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:
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.