20080915 Ver 2_More Info Letter_20100630

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NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H.Sullins Dee Freeman
Governor Director Secretary
June 30,2010
DWQ Project#08-0915,Ver. 2
Burke County
Duke Energy Carolinas, LLC
Attn: Mr.Jonathan R. Wise
5657 Rays Dairy Avenue
Morganton,NC 28655
Subject Property: Linville Dam Embankment Seismic Stability Improvements
Linville River[030830, 11-29-(4.5), B,TR]
REQUEST FOR MORE INFORMATION
Dear Mr. Wise:
On April 16,2010, the Division of Water Quality(DWQ)received your application dated April 15, 2010,
and Public Notice issued by the USACE on May 14,2010,and received by the DWQ on May 14,2010,
fill or other impact 0.02 acres of jurisdictional wetland and 748 linear feet of jurisdictional surface water
(575 linear feet permanent impact and 173 linear feet temporary impact)associated with construction of
the proposed stability berm on the downstream side of the existing Linville Dam on Lake James in Burke
County. The DWQ has determined that your application was incomplete and/or provided inaccurate
information as discussed below. The DWQ will require additional information in order to process your
application to impact protected wetlands and/or streams on the subject property. Therefore,unless we
receive the additional information requested below,we will have to move toward denial of your
application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we
receive this additional information. Please provide the following information so that we may continue to
review your project.
Additional Information Requested:
1. If there are private mitigation banks with available credit, Duke Energy will need to use them for
mitigation rather than EEP. Please acknowledge that there are no mitigation banks with available
credit.
2. The dam work is indeed exempt from Catawba rules, but the proposed sediment and erosion control
measures are not exempt in Zone 1. Additionally, please provide plans showing where on the site
the borrow will come from.
3. A number of nearby parcels were to be donated to the State as compensatory mitigation for the
FERC 401 Water Quality Certification for Catawba-Wateree. Please acknowledge that the borrow
area is not contained within the afore-mentioned parcels.
4. This Office has major concerns about dewatering a mile of the Catawba River for up to 3 months.
Please expand your discussion of this option.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
Location:2321 Crabtree Blvd.,Suite 250.Raleigh,North Carolina 27604
Phone:[phone] FAX:[phone]
Internet:hftp:l/portal.ncdenr.org/web/wglws
An Equal Opportunity 1 Affirmative Action Employer

Duke Energy Carolinas,LLC
Page 2 of 2
June 30,2010
Please respond within 30 calendar days of the date of this letter by sending this information to me in
writing. If I do not hear from you within three weeks, I will assume that you no longer want to pursue this
project and will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands,waters or
protected buffers. Please be aware that any impacts requested within your application are not authorized(at
this time)by the DWQ. Please call Ian McMillan or Amy Chapman at 919-733-1786 if you have any
questions regarding or would like to set up a meeting to discuss this matter.
Sincerel
Ian McMillan,Acting Supervisor
401 Oversight/Express Review Permitting Unit
iJM
cc: USACE Asheville Regulatory Field Office
Kevin Barnett,DWQ Asheville Regional Office
James McRacken,l DR/DTA,400 S. Tryon Street,Charlotte,NC 28285
File Copy
Filename: 080915 Ver2LinvilleDamEmbankmentSeismicStabilitylmprovements(Burke)On_Hold

k - A. Signatu Agent
Complete items 1,2,and 3.Also complete /' ❑Addressee
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■ print your name and address on the reverse a� � Ce I
so that we can return the card to you. B. Received b Printed Name)
■ Attach this cans to the back of the mail piece, ❑Yes
i or on the front if space permits. D. is delivery address different from dam 1? 1 No
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If YES,enter delivery address below: /p
DUKE ENERGY CAROLINAS LL�/1/10
JONATHAN R WISE
5657 RAYS DAIRY AVE 3 Service Type
MORGANTON NC 28655 X ❑ceffledMail ❑Express Mall
Registered Retum Receipt for Merchandise
DWQ 08-0915 V2 BURKE COUNTY 0 Insured Mail ❑C.O.D.
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2. Article Number 7 0 0 9 2820 0004 413 7 1745
102595.02-M-1540
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ps Form 3811,February 2004

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