20100904 Ver 1_USACE Permit Extension_20151221

Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
December 16, 2015
Action ID: SAW -2008-0275
Mr. Jonathan Wise
Duke Energy Carolinas, LLC
5657 Ray's Dairy Avenue
Morganton, North Carolina 28655
Dear Mr. Wise:
Reference the Department of the Army (DA) permit issued on January 19, 2011, to
Jonathan Wise of Duke Energy Carolinas, LLC for impacts associated with the Linville Dam
Embankment Seismic Stability Improvements (ESSI). This project associated with the Linville
Dam is located near Powerhouse Road, along Lake James, in Burke County, North Carolina.
Coordinates (in decimal degrees) for the site are 35.74238 North, 81.83567 West. The project
site contains the Linville River, an unnamed tributary to the Linville River and an adjacent
wetland, in the Upper Catawba Watershed of the Santee River Basin (8 -Digit Cataloging Unit
03050101).
Permanent impacts authorized by this permit included 748 linear feet of stream channel
and 0.02 acre of lands. Mitigation was implemented for the unavoidable impacts by payment
into the North Carolina Division of Mitigation Services In -Lieu Fee Program (formerly
Ecosystem Enhancement Program) for the restoration of 0.25 acres of riparian wetlands in the
Catawba River Basin (Cataloging Unit 03050101), 580 linear feet of cold water stream, and 143
linear feet of warm water stream channels in the Catawba River Basin (Cataloging Unit
03050101). A receipt dated February 21, 2011, was provided by the Program documenting that
the appropriate mitigation payment was received.
Also reference your permit modification request received by the Corps on Augustl7, 2015.
This modification requested a permit extension due to delays in the original project timeline. The
current permit is scheduled to expire December 31, 2015. You, as the applicant, are seeking a
four year extension to Phase 2 in order to complete the project as originally proposed. Also
included within the requested modification, is notification to the Corps that a stream crossing
previously permitted under the separate but adjacent Paddy Creek Embankment Seismic
Stabilization Improvements (ESSI) project (Action ID: SAW -2003-31252) has remained in place
throughout the duration of the Paddy Creek ESSI project (completed in 2006) and has been
utilized as part of the Linville ESSI project. You have requested to utilize the temporary crossing
(for the remainder of the Linville ESSI Phase 2 activities). The impact and restoration plan for

this stream crossing (labeled 3-1 on in the original plans) would remain unchanged from those
approved in the Paddy ESSI, however the permit expiration timeline would be extended to match
the expiration of the Linville ESSI. Therefore, once the Linville ESSI Phase 2 activities are
completed, the pipes constituting the temporary crossing (approximately 54 linear feet) will be
removed. The stream channel will be restored to its original elevation and stream banks will be
sloped back and re -planted with native vegetation. A 16 linear feet permanent ford style crossing
will be installed and all rock placed in the channel bottom will be set to an elevation as to not
impede surface water flow or passage for aquatic organisms.
The Corps has completed the evaluation of your request and concurs with your request
for a change in the permit expiration and impacts associated with your referenced DA permits
including the changes to the timeline of the associated stream crossing as requested. The revised
permit expiration date is December 31, 2019. No additional mitigation is required for this
modification.
Based on our consultation with the United States Fish and Wildlife Service regarding
potential impacts of the project on the federally threatened northern long-eared bat and the
concurrence received via email November 30, 2015, the special conditions of your permit is
hereby modified to include:
The permittee shall ensure that all tree removal activities occur only from August 15 -May
15 of any year.
Please note that all other permit conditions and exhibits for both the Linville ESSI and
those associated with stream crossing 3-1 of Paddy Creek ESSI remain in effect as written.
Should you have questions, contact Mr. Steve Kichefski, Asheville Regulatory Field Office at
telephone [phone], Extension 234.
Sincerely,
Scott Jones
Chief, Asheville Regulatory Field Office
Cc:
Ms. Jennifer Burdette
NCDENR — Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Eric Mularski, PWS
HDR
440 S. Church Street
Charlotte, North Carolina 28202