20071868 Ver 3_Approval Letter_20091001

1 .
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 1, 2009
Duke Energy Carolinas, LLC
Attn: Mr. Jon Wise
526 South Church Street
Charlotte, NC 20202
DWQ Project # 2007-18680
Burke County
Subject Property: Bridgewater Powerhouse Construction Project, Glen Alpine
Catawba River [030830, 11-(32.7), WS-V
AUTHORIZATION of Catawba River Buffer Rule (15A NCAC 02B.0243) Authorization
Certificate
Dear Mr. Wise:
You have our authorization, in accordance with 15A NCAC 02B .0243 and any conditions listed below,
to impact approximately 7,162 ft2 of Zone 1 and 4,775 ft2 of Zone 2 of the protected riparian buffers for
the purpose of constructing the proposed access road at the subject property as described within your
application dated August 20, 2009, received by the Division of Water Quality (DWQ) on August 21,
2009, with additional information received by DWQ on October 1, 2009. In addition, you should obtain
or otherwise comply with any other required federal, state or local permits before you go ahead with your
project including (but not limited to) Erosion and Sediment Control, Non-discharge regulations.
This authorization certification is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this authorization letter and is thereby
responsible for complying with all conditions. This authorization requires you to follow the conditions
listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Zone 1 Buffers 7,162 (square ft.) Application
Zone 2 Buffers 4,775 (square ft.) Application
2. Erosion & Sediment Control Practices
401 Civersight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet http://h2o.enr.state.nc.us/ncwetlands/
NorthCarolina
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An Equal Opportunity 1 Affirmative Action Employer
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Duke Energy Carolinas, LLC
Page 2 of 4
October 1, 2009
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North
Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
3. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval by the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the date
that the Division of Land Resources or locally delegated program has released the project.
5. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into
the stream as identified within 15A NCAC 2B .0243(5).
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 213.0243.
Duke Energy Carolinas, LLC
Page 3 of 4
October 1, 2009
7. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the 401
Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
8. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
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 NCDENR Wetlands Trust Fund administered
by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into the
fund. You have 60 days from the date of this approval to make this payment. For accounting
purposes, this Authorization Certificate authorizes payment into the NCDENR Wetlands
Trust Fund to meet the following compensatory mitigation requirement:
Type of Impact Impact Amount Mitigation Required
Zone I Buffers 7,162 (square feet) 14,324 ( square feet)
Zone 2 Buffers 4,775 (square feet) 7,163 (square feet)
9. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at: http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
Any disputes over determinations regarding this Authorization (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision
is subject to review as provided in Articles 3 and 4 of G.S. 15013. This Authorization shall expire
five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 213
.0243. If you have any questions or would like a copy of the buffer rules, please call Amy Chapman or
Cyndi Karoly at [phone]. This letter does not authorize any impacts to either Waters of the
United States or Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC
Division of Water Quality (DWQ) if any impacts are proposed to either of these waters.
Sincerely,
Coleen H. Sullins
Duke Energy Carolinas, LLC
Page 4 of 4
October 1, 2009
CHS/ijm/asc
Enclosures: Certificate of Completion
NC EEP Letter
cc: Kevin Barnett, DWQ Asheville Regional Office
DLR Asheville Regional Office
Jason Isbanioly, HDR/DTA, Inc., 400 S Tryon Street, Charlotte, NC 28285
File Copy
Filename: 071868v3 BridgewaterPowerhouse(Burke)CBR
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Dee Freeman
Secretary
In accordance with 15A NCAC 2H.0500, Duke Energy of the Carolinas, LLC, has permission to fill or otherwise
impact 7,162 square feet of Zone 1 Neuse River basin protected riparian buffer, and 4,775 square feet of Zone 2
Catawba River basin protected riparian buffer in the Catawba River Basin associated with the construction of the
proposed access road at the Bridgewater Powerhouse in Glen Alpine, Burke County, North Carolina. All activities
associated with these authorized impacts must be conducted with the conditions listed in the attached Permit
transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME Bridgewater Powerhouse Construction Project
DWQ PROJECT #: 2007-18680
LOCATION: Glen Alpine
COUNTY Burke
BASIN/ SUB BASIN Catawba/03050101
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts Mitigation
7,162 square feet of Zone 1 buffers 14,324 square feet buffers
4,775 square feet of Zone 2 buffers 7,163 square feet buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address 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 ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: hap://h2o.enr.state.nc.us/ncwetlands/
Filename: 071868v3BridgewaterPowerhouse(Burke)CBR_EEP
NorthCarolina
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An Equal Opportunity 1 Affirmative Action Employer