20030179 Ver 9_Approval Letter_20100413

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Duke Energy Carolinas, LLC
Attn.: Mr. Hugh Barwick
Manager, Hydro Licensing
WC 12Y
526 South Church Street
Charlotte, NC 28202-1802
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
April 13, 2010
Re: Dillsboro dam removal project
Jackson County
DWQ # 2003-0179, version 9; FERC Project No. 2602
APPROVAL of 401 Water Quality Certification with Additional Conditions- SECOND
MODIFICATION
Dear Mr Barwick:
Attached hereto is a copy of Certification No. 003712 (as modified) issued to Duke Energy Carolinas, LLC
dated April 13, 2010. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control,
Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance. do not hesitate to contact us.
CHS/jrd
Attachments: Certificate of Completion
6yoleen rely,
H. Sullins
cc: Amanda Jones, U.S. Army Corps of Engineers, Asheville Regulatory Field Office
Kevin Barnett, DWQ, Asheville Regional Office
DLR Ashveille Regional Office
File Copy
Central Files
Paul Nolan, 5515 North 17th Street, Arlington, VA 22205
Jason Isbanioly, Devine, Tarbell and Associates, Inc., 400 S. Tryon Street, Suite 2401, Charlotte,
NC 28285
T.J. Walker, Dillsboro Inn, P.O. Box 270,146 North River Road, Dillsboro, NC 28725
Margalie R. Sales, Secretary, Federal Energy Regulatory Commission, Washington, DC
Steve Reed, N.C. Division of Water Resources
Becky Fox, US Environmental Protection Agency, 1307 Firefly Road, Whittier, NC 28789
Filename: 20030179version6.OmodDillsboroDam(Jackson)401
Mailing Address Phone [phone] Location NQ;One
thCarolina
1617 Mail Service Center Fax [phone] N. Salisbury St. ;/ aWPQ ly
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: www.newateruuality.org Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NORTH CAROLINA 401 WATER QUALITY 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 Water Quality (DWQ)
Regulations in 15 NCAC 21-1, Section .0500 to remove the Dillsboro dam and powerhouse in Dillsboro, NC
and to dredge the lake on the Tuckasegee River in Jackson County, North Carolina, pursuant to an
application filed on the March 23, 2007, and in additional correspondence received June 27, 2007 and
October 25, 2007, a modification request dated September 15, 2009 and a final modification request dated
February 18, 2010 and March 29, 2010 to add additional bank stabilization at the south bank of the river
near the dam site.
The application and supporting documentation provides adequate assurance that the proposed work 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 the applicabld'portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted.in the application. If the project is
changed, prior to notification a new application for a new Certification is required. If the property is sold,
the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions of this Certification. Any new owner must notify the Division and request the
Certification be issued in their name. Should wetland or stream fill be requested in the future, additional
compensatory mitigation may be required as described in 15A NCAC 21-1.0506 (h) (6) and (7). If any plan
revisions from the approved site plan result in a change in stream or wetland impact or an increase in
impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may
be required. For this approval to be valid, compliance with the conditions listed below is required.
Conditions of Certification:
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 Amount Approved Plan Location or
(Units) - Permanent (Units) - Temporary fill Reference
fill
Riverbank 400 feet 102 feet Site Ian
Sediment and Erosion Control:
2. 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.
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d. 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 shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401 Permit Application. 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. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project;
Continuing Compliance:
5. Duke Power shall conduct construction activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with section 303(d) of the Clean
Water Act) and any other appropriate requirements of State law and federal law. If the 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 law is being violated, or that further
conditions are necessary to assure compliance, the Division may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the
Division shall notify Duke Power and the US Army Corps of Engineers, may provide public notice
in accordance with 15A NCAC 2H.0503 and may provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Duke
Power in writing, shall be provided to the United States Army Corps of Engineers for reference in
any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the project;
Other conditions:
6. Sediment Removal
Duke Power shall remove up to 70,000 cubic yards of sediment from behind the dam before the
dam structure is completely removed. The total amount to be removed may be altered only if
there is less than 70,000 cubic yards of sediment available for removal or if additional materials
are required for bank stabilization. This material shall be disposed of in an upland disposal site(s)
or sold to be used in upland sites.
7. Temporary Fills
All temporary fill and culverts shall be removed and the impacted area returned to the original
grade, including each stream's original cross sectional dimensions, planform pattern, and
longitudinal bed and bed profile after seismic-related construction is complete and the various
sites shall be stabilized with natural woody vegetation (except for the maintenance areas of
permanent utility crossings) and restored to prevent erosion. If the temporary fill is not completely
removed and restored as described above within the specified time above, additional written
approval from this Office must be obtained to modify this condition.
7. Monitoring
Water quality monitoring shall be done as outlined in the "Draft Dillsboro Dam and Powerhouse
Removal Environmental Monitoring Program" prepared by Duke Carolinas and submitted on
October 25, 2007 with the following changes:
a. At least two (2) fish and aquatic macrobenthos collections shall be made before dam
removal at different seasons.
b. Full scale benthic macroinvertebrate collections (rather than just EPT collections)
shall be made.
c. Post-dam removal monitoring shall be for a total of three (3) years.
d. Fish and macrobenthos collections in the lake pool shall be done in accordance with
written DWQ approval for the monitoring plan.
e. Pebble counts shall be added to the planned monitoring protocol for downstream and
upstream river reaches at the same locations as the macrobenthos samples.
f. Water quality sampling must be done on at least a monthly basis during the pre dam
removal and monthly for the post dam removal phases for the first two years.
Quarterly samples are adequate for the third year of sampling. If sampling reveals
that measurements start to stabilize, then DWQ may reduce this monitoring
frequency upon written request and review.
g. Chemical and physical water quality monitoring data shall be reported to DWQ
(Central Office and Asheville Regional Office) on a monthly basis within a week of the
data being collected. The fish and macrobenthos data shall be reported to DWQ
annually by March 1 of each year.
8. The artificial structure of the dam shall be removed down to the natural rocky substrate of the
channel.
9. Sediment Management Plan - The Sediment Management Plan for the Dillsboro Dam Removal
as submitted on October 25, 2007 shall be followed and modified below in condition 12.
10. If any man-made debris is revealed within the footprint of the lake during or after the removal of
the dam, such debris must be removed and disposed of in a proper upland location.
11. Any stream bank areas disturbed during the dam removal or mining operation shall be
revegetated with woody vegetation upon completion of the dam removal operation during the next
fall-spring season. In any event, temporary vegetative cover must be installed on all disturbed
stream bank areas within one week of completion of work in that area.
12. During the dredging and dam removal operations, Duke Energy shall construct, or have
constructed, treatment for all dredged material and return water, such that the return water shall
not violate Surface Water Standards below the impoundment as measured at the US 23/441
bridge (including, but not limited to, the turbidity standard of 50 NTU, as described in 15A NCAC
213.0200). Duke Energy shall use any and all best management practices and off-line treatment
techniques which will protect the existing uses below Dillsboro dam. Duke Energy shall use a
diffuser installed at the end of the outfall from the settling basins and upstream of the dam In
addition, Duke Energy shall monitor for turbidity upstream of the dredging operations, from the
discharge of the second settling basin, and at the US 23/441 bridge until completion of the
dredging and dam removal operations. All samples taken shall be representative of the
discharge from the activities above. All data shall be sent to DWQ - ARO on at least a monthly
basis. If turbidity levels exceed 50 NTUs, then DWQ must be notified within 24 hours of receipt of
sample results. Dam removal activities shall only be done during daylight hours.
13. Placement of an additional 100 linear feet of bank stabilization is approved on the south bank of
the river to prevent erosion as shown on your site plan dated March 29, 2010. Native rock from
the dam and powerhouse may be used for this bank stabilization if all visible concrete and other
artificial materials are completely removed from the rock before placement. Flow in the river shall
not be restricted by the placement of the rock material to the point that it causes additional bank
erosion.
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14. The fish sampling plan is hereby modified to allow the length of the sampling transects to be 100
meters in length rather than 200 meters in length.
Also, 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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be in the
form of a written petition conforming to Chapter 1506 of the North Carolina General Statutes and filed
with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless such
demands are made, this Certification shall be final and binding.
VC r
oleen H. Sullins, Director
CHS/jrd
This the 13th day of Apr' 010
DIVISION OF WAT R LLITY
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