19890083 Ver 1_Complete File_19890210

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Sueet • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
William W. Cobey, Jr., Secretary Director
February 22, 1989
Mr. T. F. Wyke, Chief Engineer
Engineering Support Division
Duke Power Company
P.O. Box 33189
Charlotte, NC 28242
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Oil Booms
Duke Power Company
Lake Norman
McGuire Discharge Canal
Mecklenburg County
Dear Mr. Wyke:
Attached hereto are two (2) copies of Certification No. 2320
issued to Duke Power Company dated February 22, 1989.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
&a-d-17hell
/ R. Paul Wilms
cc: Wilmington District Corps of Engineers
Mooresville Regional Office
Mr. William Mills
Mr. John Parker
P.O. l3ox 27687, Raleigh, Forth Carolina 27611-7687 Telephone [phone]
An Fqual Opportunity Affirmative Action Employer
i,
NORTH CAROLINA
Mecklenburg County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Duke Power Company pursuant
to an application filed on the 23rd day of January, 1989 to construct
two oil booms across the discharge canal at the McGuire Nuclear Plant on
Lake Norman.
The Application provides adequate assurance that the discharge of
fill material into the waters of Lake Norman in conjunction with the
proposed oil boom construction in Mecklenburg County will not result in
a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500
and PL 95-217 if conducted in accordance with the application and
conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU`s or less are
not considered significant).
2. That the rip-rap material shall be clean masonry
material, free of any toxic pollutants.
3. That at no time shall wet concrete be allowed to
come into direct contact with surface waters.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 22nd day of February, 1989.
DIVISION OF ENVIRONMENTAL MANAGEMENT
/?' ? -_ z 71;i vz?
Paul Wilms, Director
WQC# 2320

State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street 0 Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
William W. Cobey, Jr., Secretary Director
February 22, 1989
Mr. T. F. Wyke, Chief Engineer
Engineering Support Division
Duke Power Company
P.O. Box 33189
Charlotte, NC 28242
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
---? Proposed Oil Booms
Duke Power Company
Lake Norman
McGuire Discharge Canal
Mecklenburg County
Dear Mr. Wyke:
Attached hereto are two (2) copies of Certification No. 2320
issued to Duke Power Company dated February 22, 1989.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
& ?"' Aa
/ R. Paul Wilms
cc: Wilmington District Corps of Engineers
Mooresville Regional Office
Mr. William Mills
Mr. John Parker
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
4 '%
NORTH CAROLINA
Mecklenburg County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Duke Power Company pursuant
to an application filed on the 23rd day of January, 1989 to construct
two oil booms across the discharge canal at the McGuire Nuclear Plant on
Lake Norman.
The Application provides adequate assurance that the discharge of
fill material into the waters of Lake Norman in conjunction with the
proposed oil boom construction in Mecklenburg County will not result in
a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500
and PL 95-217 if conducted in accordance with the application and
conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less are
not considered significant).
2. That the rip-rap material shall be clean masonry
material-, free of any toxic pollutants.
3. That at no time shall wet concrete be allowed to
come into direct contact with surface waters.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 22nd day of February, 1989.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Paul Wilms, Director
WQU 2320

s
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
Jane?ery 24, 1989
Mr. R. Paul Wilms, Director.
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611
Dear- Mr. Wilms:
S. Thomas Rhodes, Secretary
The attached U. S. Army Corps of Engineers Public Notice No. Q]AI.__dated
_-_119/89 describing a project proposed by Duke Power Co. ---
is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by - 1/34/89
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY - This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed
Date
Agency
JRP:jr/aw
P.O. Box 27687, Raleigh, North Carolina 27611 7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C089-N-060-0147 January 19, 1989
PUBLIC NOTICE
DUKE POWER COMPANY, 422 South Church Street, Charlotte, North Carolina
28242, has applied for a Department of the Army permit TO PLACE APPROXIMATELY
25 CUBIC YARDS OF RIPRAP AND CONCRETE MATERIAL BELOW THE FULL POND ELEVATION
OF LAKE NORMAN WITHIN THE MCGUIRE NUCLEAR STATION DISCHARGE CANAL, NEAR
CORNELIUS, in Mecklenburg County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a represen-
tative of the Corps of Engineers. Plans submitted with the application show
the installation of two pile-supported oil booms spanning the discharge canal
with riprap barriers extending 10 feet on both ends of the booms to the
shoreline. The riprap barriers, with 1 to 1 sideslopes, are to be coated with
concrete on the upstream faces. The purpose of the work is to prevent any oil
spills from reaching Lake Norman. Plans showing the work are included with
this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing, within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.

-2-
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species or their critical habitat designated as endangered of threatened
pursuant to the Endangered Species Act of 1973. '
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation,-economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the'Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Stre@t, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
-3-
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
February 10, 1989.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before February 6, 1989, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. David Baker, until 4:15 p.m.,
January 30, 1989, or telephone [phone].

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DIVISION OF ENVIRONMENTAL MANAGEMENT
February 7, 1989
MEMORANDUM TO: Bill Mills
FROM: D. Rex Gleason ??
SUBJECT: 401 Water Quality Certification
Placement of Riprap and Concrete Material
Lake Norman
Mecklenburg County, North Carolina
Appropriate staff have reviewed the subject proposal
submitted by Duke Power Company. Based on our review, we have
no objection to the proposal, which should have no long term or
irreversible effect on water quality of Lake Norman.
If you have questions, please advise.
DRG:se
. ??A?Jt ?1 ?7 -,U -- (•o - a??'7
1)i1Ilh: POWER COMPANY
P. 0. R O X 3 3 1 8 9
GE'NE'RAL O1e1e1(!I;ti TELEPHONE: AREA 704
422 SOUTH CHURCH STREET 373 -40 11
December 20, 1988 N. C. "x"42
Mr. David Baker ?C"O
U• S. Army Corps of En ?y'2^
gineers T/
37 Battery Park Avenue
Room 75 Grove Arcade Building
Asheville, North Carolina 28801
Re: McGuire Nuclear Station
Discharge Canal Oil Boom
Section 404 Dredge and Fill Permit
File No: GAH-0403
Dear Mr. Baker:
Duke Power Company proposes to place two oil booms across the
discharge canal at McGuire Nuclear Station on Lake Norman in
Mecklenburg County. The booms are to be used to prevent any oil
spills from reaching Lake Norman. To anchor the booms, four
steel piles will be driven into the bed of the discharge canal.
full, approximately 25 cubic yards of riprap will be placed below
pond elevation from the piles to the shoreline. The
upstream face of the riprap will then be coated with concrete.
The location and details of this proposed activity are shown on
the attached sketch. Please review this information and
determine whether this activity is covered by a general permit or
if an individual permit will be needed.
A response by January 15, 1989 would be greatly appreciated. If
there are any questions, please call Bob Waldrop at
[phone].
Yours truly,
T. F. Wyke, Chief Engineer
Engineering Support Division
By: R. J. Waldrop
Design Engineer
RJW/ kmp : 2 2.8
Enclosure
cc w/encl: D. B. Johnson, R. T. Simril, A. R. Hollins, Central
Records

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Regulatory Bra'WCRY REFER TO
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
January 20, 1989
SUBJECT: File No. CESAW-CO-89-N-060-0147
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
RE- ' I\1 E- F)
JAN 2 i1 )
66iii_; 'K SECTION
Enclosed is the application of Duke Power Company for Department of the
Army authorization and a State Water Quality Certification to place
approximately 25 cubic yards of riprap and concrete material below the full
pond elevation of Lake Norman within the McGuire Nuclear Station discharge
canal, near Cornelius, in Mecklenburg County, North Carolina. Your receipt of
this letter verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore, if you have not acted on the request by March 10, 1989, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker, telephone (704)
259-0856.
Sincerely,
1has W. Ho 1 s
, Regulatory Branch
Enclosure
-2-
Copy furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687

-_:

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C089-N-060-0147 January 19, 1989
PUBLIC NOTICE
DUKE POWER COMPANY, 422 South Church Street, Charlotte, North Carolina
28242, has applied for a Department of the Army permit TO PLACE APPROXIMATELY
25 CUBIC YARDS OF RIPRAP AND CONCRETE MATERIAL BELOW THE FULL POND ELEVATION
OF LAKE NORMAN WITHIN THE MCGUIRE NUCLEAR STATION DISCHARGE CANAL, NEAR
CORNELIUS, in Mecklenburg County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a represen-
tative of the Corps of Engineers. Plans submitted with the application show
the installation of two pile-supported oil booms spanning the discharge canal
with riprap barriers extending 10 feet on both ends of the booms to the
shoreline. The riprap barriers, with 1 to 1 sideslopes, are to be coated with
concrete on the upstream faces. The purpose of the work is to prevent any oil
spills from reaching Lake Norman. Plans showing the work are included with
this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing, within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.

-2-
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species or their critical habitat designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities Evolving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of !Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.

-3-
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
February 10, 1989.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before February 6, 1989, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. David Baker, until 4:15 p.m.,
January 30, 1989, or telephone [phone].
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