20150998 Ver 3_Approval Letter_20180924

NOR FH CAROLINA
ROY COOPER EnWronmenfal Quality
(;('womry
MICHAEL S. R.EGAN
sr-actury
LINDA CULPEPPER
fpl tep t'rp D4 V r", ror
September 24, 2018
DWR # 20150998 v3
New Hanover County
Duke Energy Progress LLC
Attn: Bill Forster
249 Sutton Lake Road
Wilmington, NC 28403
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
L. V. Sutton Steam Station — Emergency Weir Construction
Dear Mr. Forster:
Attached hereto is a copy of Certification No. WQC004173 issued to Mr. Bill Forster and
Duke Energy Progress LLC, dated September 24, 2018. Please note that you should get any
other federal, state or local permits before proceeding with the subject project, including
those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and
Water Supply Watershed regulations,
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in 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 htt;//www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone] 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 8:00am and 5:00pm, excluding official
state holidays).
The petition may be faxed to the OAH at [phone], 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,
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Duke Energy Progress LLC
DWR #20150998 v3
WQC004173
September 24, 2018
Page 2 of 7
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
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500, Contact Karen Higgins at 919-707-3630 or [e-mail]
if you have any questions or concerns.
Sincerely,
Linda Culpepper, Interim Director
Division of Water Resources
cc: Stephen Cahoon, Duke (via email)
Henry Wicker, USACE Wilmington District (via email)
Scott McLendon, USACE Wilmington District (via email)
Todd Bowers, EPA, (via email)
DWR WiRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 150998v3SuttonDamEmergencyRepair(NewHanover)_401_!C

Duke Energy Progress LLC
DWR #20150998 v3
WQC004173
September 24, 2018
Page 3 of 7
CERTIFICATION # WQC004173 is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in
15A NCAC 02H .0500, to Mr. Bill Forster and Duke Energy Progress LLC, who have authorization
for the impacts listed below, as described within your application received by the N.C. Division of
Water Resources (Division) on September 24, 2018, and by Public Notice issued' by the U. S. Army
Corps of Engineers and received by the Division on September 11, 2018.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
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 al)506(b)]
Type of Impact Amount Approved (units)
Open Water
Intake Canal 650 (cubic yards)
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference and are an enforceable part of
the Certification. Any modifications to the project require notification to DWR and may
require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and
.0502]
3. Pursuant to 143-215.3D(e), a X240 application fee is required. Please remit a check to DEQ-
DWR within thirty (30) calendar days of the date of this certification and mail to the below
address:
If sending via US Postal Service
Karen Higgins
DWR-4031 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Karen Higgins
DWR —401 & Buffer Permitting Branch
512 N. Salisbury Street, Suite 942-E
Raleigh, NC 27604

Duke Energy Progress LLC
DWR #20150998 0
WQC004173
September 24, 2018
Page 4 of 7
4. After the approved emergency work is completed, submit the following information to D
using the following link-, https://edocs.deg. nc.gov/Forms/Suppl emental-Information- Form,
a. Description of completed work, including any required restoration or mitigation
activities;
b. Number of acres of waters of the United States impacted, including wetlands impacts;
c. As -built drawings; and
d. Any other information provided to the U.S. Army Corps of Engineers.
5. The permittee shall adhere to Title 15A NCAC 02B .0211 Fresh Surface Water Quality
Standards for Class C Waters (21) Turbidity: the turbidity in the receiving water shall not
exceed 50 NTUs in streams not designated as trout waters; for lakes anti'••, reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTUs; if turbidity exceeds these
levels due to natural background conditions, the existing turbidity level shall not be increased.
Compliance with this turbidity standard can be met when land management activities employ
Best Management Practices (BMPs) recommended by the Designated Nonpoint Source
Agency; BMPs shall be in full compliance with all specifications governing the proper design,
installation, operation and maintenance of such BMPs.
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized under this Certification,
[15A NCAC 02H,0501 and .0502]
7. All construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
8. Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification,
[15A NCAC 02H .0501 and .0502)
9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. [15A NCAC 02B 02011
10. An NPDES Construction Stormwater Permit (NCGO10000) is required for construction
projects that disturb one (1) or more acres of land. The NCGO10000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. if the project is covered by this permit, full compliance with
permit conditions including the erosion & sedimentation control plan, inspections and!
maintenance, self-monitoring, record keeping and reporting requirements is required. [15A
NCAC 02H .0506(b)(5) and (c)(5)]

Doke Energy Progress LLC
DVVR#201SD998v3
VVQ[O04173
September 24'ZQ18
Page 5of7
12.kfconcrete isused during construction, then all necessary measures shall betaken toprevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to, waters ofthe state. [I5A
N[ACD213.U2O0l
12. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
urother toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters tVthe rnaxinlurn extent practic@ble. Fueling, lubrication and
general equipment maintenance shall not take place within 50 feet of @ vv@1erbndy or
wetlands to prevent contamination byfuels and oils. [15A NCAC82H .05,86/bl(3) and /c\/3\
and 15A NCAC 02B a0211 (12)]
13. In accordance with 143-215.85(b)the applicant shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum
spill regardless of amount occurring within 108 feet of surface waters; and any petroleum
spill less than 25gallons that cannot becleaned upwithin 24hours.
l4.The permittee shall report tothe Wilmington Regional Offlceat(919)796-7215(afterhDU/s
and onweekends call 88O-858-8368)any noncompliance with this certification, any
violation ofstream orwetland standards [I5AN[ACO2B.QJO8]including but not limited tn
sediment impacts [15A NCACO213 .0200]. Information shall be provided orally within 24
hours (or the next business day ifaweekend grholiday) from the time the applicant
became aware ofthe circumstances. Awritten submission shall also beprovided within 5
b,uaineSsdays 0{the time the applicant becomes aware ofthe circumstances. The written
submission shall contain a description nfthe DonicoDlp|iance,and its causes; the period of
noncompliance, including exact dates and times, if the noncompliance has not been
corrected, the anticipated time compliance iSexpected t0continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The
Division may waive the written submission requirement on a case-by-case basis.
15. If activities must occur during periods Ofhigh biological activity (i.e. sea turtle nesting, fish
spawning, or bin] nesting), then biological monitoring may be required at the request of
other state orfederal agencies and coordinated with these activities.
16. All moratoriums on construction activities established by the N[ Wildlife Resource's
Commission /VVR[\, US Fish and Wildlife Service (U5FVVS)NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadn3rn0u5
fish, larva |/post-|arw8|fishes and crustaceans, orother aquatic species ofconcern shall be
implemented. Exceptions to this condition require written approval by the resource agency
responsible for the given moratorium

Duke Energy Progress LLC
nVxR#2QI5D99Dv3
VVQCO84173
September 24,2O18
Page 6of7
17. Mr. Bill Forster and Duke Energy Progress LLC shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance with section 3O3(d)ofthe Clean Water Act) and any other appropriate
requirements ofState and Federal law. K15AN[A[02B.0200l }fthe Division determines that
such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that State or federal |avv is being violated, or that further conditions are
necessary to assure compliance, the Division may reevaluate and modify this Certification,
Before modifying the Certification, the Div|s,ion shall notify Mr. Bill Forster and Duke Energy
Progress LLC and the U.S. Army Corps of Engineers, provide public notice in accordance with
15A NCAC 02H 0�03 and provide opportunity for public hearing in accordance with 15A NCAC
02H .0504. Any new orrevised conditions shall beprovided Mr. Bill Forster and Duke Energy
Progress LLC inwriting, shall bgprovided tothe U.S.Army Corps ofEngineers for reference im
any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions 0fthe 4O4Permit for the project.
18. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available
nmthe OWRwebsite . [I5ANCAC
19.Ifthe property 0rproject is sold ortransferred, the new Permittee shall be givenacopyof
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [I5AN[AC 02H.O5O1and .O5O2]
2Q.This Certification does not relieve the applicant ofthe responsibility to obtain all other
required Federal, State, orLocal approvals before proceeding with the project, induding
those required by, but not limited toSediment and Erosion Control, NOn-Discharge,Water
Supply Watershed, and Trout Buffer regulations.
21. This Certification neither grants nor affirms any property right, license, nrprivilege inany
waters, orany right ofuse inany waters. This Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and
this Certification does not create any prescriptive right or any right oFpriority regarding any
usage of water. This Certification shall not be interposed as a defense in any action respecting
the determination of riparian or littoral rights or other rights to water use. No consumptive
user is deemed by virtue of this Certification, to possess any prescriptive or other right of
priority with respect to any other consumptive user regardless of the quantity of the
withdrawal or the date on which the withdrawal was initiated or expanded.

Duke Energy Progress LLC
DWR #20150998 0
WQC004173
September 24, 2018
Page 7 of 7
22. This certification grants permission to the director, an authorized representative of the
Director, or DER staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
23. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in criminal
and/or civil penalties.
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 Permit. The conditions in
effect on the date of issuance shall remain in effect for the life of the project, regardless of the
expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H 0506]
This the 2411 day of September 2018
Linda Culpepper, Interim Director
Division of Water Resources
LC1koh
WQC004173