HomeMy WebLinkAbout20180640 Ver 1_Approval Letter_20180612PC.
Water Resources
Em uca umnta l Quality
June 12, 2018
Ronnie Goodman
Duke Energy, LLC
175 Steam Plant Rd.
Charlotte, NC 28120
ROY COOPER
Governor
MICHAEL S. BEGAN
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LINDA CULPEPPER
hues on Direclor
DW R If 18-0640
Gaston County
Subject: Catawba Riparian Buffer Authorization with Additional Conditions; Riverbend Station, Lake Norman
Dear Mr. Goodman,
You have our approval for the impacts listed below for the purpose described in your application dated May 4,
2018 and received by the Division of Water Resources (Division) on May 9, 2018 and subsequent information
received on June 12, 2018. These impacts are covered by the Catawba Buffer Rules and the additional conditions
listed below. 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 Catawba Buffer Rule are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) and 15A NCAC 02B.0243(8)]
Type of Impact
Amount Approved (sq. ft.)
permanent
Buffer —Zone 1
450 sq. ft.
Shoreline length
15 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 Buffer Authorization. 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 Certification/Buffer Authorization and is responsible for complying with all conditions. [15A
NCAC 02H .0506 and 15A NCAC 02B .0243(8)]
—�"Nothing Compares"ti .
State of North Carolina i Fnvirouniental Quality
1611 Mail Ser, ice Center Raleigh, North Carolina "699-1611
919-707-9000
3. Minimal shaping and sloping along the immediate shoreline is allowed. [15A NCAC 02B .0243(6)]
4. Work is to be conducted from land. Any access corridor shall not exceed 10 feet in width and shall be
restored to its original condition prior to the project. All staging, including spoil, stockpile and
construction materials, shall occur outside of the buffer [15A NCAC 02B .0243 (4), (6), (8) and 15A
NCAC 02H .05021
5. 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)]
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:
http://portal ncdenr org/web/wa/swp/ws/401/certsandpermits/apply/forms)
or see attached. [15A NCAC 02H .0507 (c) and 15A NCAC 02B.0243(8))
This approval and its conditions are final and binding unless contested.
This Certification/Buffer Authorization 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 B: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 DENR:
Bill 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 and the Catawba Riparian
Buffer Rules as described in 15A NCAC 02B .0243. Please contact Alan Johnson at 704-663-1699 or
alan.iohnson@ncdenr.gov if you have any questions or concerns.
Sincerely,
CD S'gneGby: C
146ME225CS4EA...
For W, Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Enclosures
cc:
D W R 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 (and planting of trees) approved within the 401 Water Quality Certification 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 bythe 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
1, 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.