19970175 Ver 2_401 Application_20100929

I P Duke
Energye
Carolinas
September 24, 2010
Mr. Ian McMillan
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
2321 Crabtree Blvd., Ste 250
Raleigh NC 27604
Subject: Cliffside Steam Station (CSS) - Cleveland County
Preconstruction Notification - 401 Certification Review
Dear Mr. McMillan:
CORPORATE EHS SERVICES
Duke Energy Carolinas, LLC
526 SOUTH CHURCH STREET
CHARLOTTE, NC 28202
Mailing Address:
EC13K / P. 0. BOX 1006
CHARLOTTE, NC 28201-1006
Per your 22 September 2010 letter and our conversation, enclosed for staff review are five copies
of the completed preconstruction notification (PCN) form concerning the need for maintenance
dredging of sediment that has accumulated near the service water intake of Cliffside Steam
Station. The PCN has also been submitted to the Asheville ACOE office for approval of this
activity per NWP#3. A check for the $240.00 application 401 certification processing fee is
attached.
Should you have questions regarding submittal of the information or wish to meet to coordinate
agency reviews, please call me at [phone].
Sincerely,
R. 1?.
Ronald E. Lewis
Water Management
Enclosures
cc w/o enclosures: Mr. Tyler Crumbley, US Army Corps of Engineers
Asheville Regulatory Field Office, 151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
www.duke-energy.com
91 - o I I s u 2-
OF W A TF9
o? cG Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
® Section 404 Permit ? Section 10 Permit `'-`
1 b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Cliffside Intake Dredging
2b. County: Cleveland D
2c. Nearest municipality / town: Cliffside,NC LIU
2d. Subdivision name: -P
2
2e. NCDOT only, T.I.P. or state
project no:
v0ET?&SAJ11 WATER I
3. Owner Information r, BRBRgJycB
3a. Name(s) on Recorded Deed: Duke Energy Carolinas, LLC
3b. Deed Book and Page No. Bk. 17T Pg. 681
3c. Responsible Party (for LLC if
applicable): Steve Hodges
9
or--
3d. Street address: 2
573 Duke Power Road ) `- 2 20110
3e. City, state, zip: Mooresboro, NC 28114 DENR - WATERQUALITy
3f. Telephone no.: 828 657-2339
3g. Fax no.:
3h. Email address: [e-mail]
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): Parcel # 315
1 b. Site coordinates (in decimal degrees): Latitude: 35.2222 Longitude: - 81.7597
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 1600 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Broad River
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-IV
2c. River basin: Broad river
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is for operation of an electric generating station. Please see attached copy of previously approved permit
documentation.
3b. List the total estimated acreage of all existing wetlands on the property:
9
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
11,500
3d. Explain the purpose of the proposed project:
Maintain the intake of the steam station to provide cooling water to assure continued electic service to the Duke Energy
Service area.
3e. Describe the overall project in detail, including the type of equipment to be used:
Intake maintenance dredging similar to the project previously approved is planned. Please see attached copy of
previously approved permit documentation.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
El Yes ®No El Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Duke Enery received a previous maintenance dredge permit ID # 199404527 in 1995 that expired in 12/31/2000.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ? Streams - tributaries ? Buffers
® Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ®P ? T Broad River Sediment Removal freshwater river 0.76
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts 0.76
4g. Comments: based on depth of 8 ft, the total dredge volume will be approximately 6.1 ao-ft.
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No if yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ?Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
61 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ? P ? T ? Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
A cutterhead suction hydraulic dredge will pump spoil material to an existing NPDES permitted wastewater treatment settling
basin at Cliffside Steam Station, where material will be dewatered for reuse on-site (i.e. landfill cover soil, landscaping).
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank

El Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.

Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes No
?
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 0%
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The area where the dredge spoil will be dewatered already has an existing stormwater management plan that is part of
the NPDES permit NC#0005088for Cliffside Steam Station
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
® DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
® Other: NPDES permit
NC#0005088
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ® No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ® No
5b. Have all of the 401 Unit submittal requirements been met? ® Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater generated will be treated per compliance with the NPDES permit NC#0005088 for Cliffsdie Steam Staiton
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or Yes
? No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. ? Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS website, NC Natural Heritage Program website and attached previous agency approvals and intake dredge plan
and permit.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Please see attached previous agency approvals and intake dredge plan and permit
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Please see attached previous agency approvals and intake dredge plan and permit
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? -0 yes ? No
8b. If yes, explain how project meets FEMA requirements: Accumulated sediment will be removed from the 100 yr floodplain
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Information System
Ron Lewis k2l L., , 9/20/2010
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
ATTACHMENT

0

March 10, 19 95
excavate and maintain a 75-foot-wide by 150-foot-long sediment
within the Broad River to remove sediment from an existing
A permit to fiatgr intake at the Cli fsi a Steam Station
at Cliffside, Cleveland County, North Carolina.
Duke Power company
Environmental Div. MG03A5 on Mar. 10 1 9 95
has been issued to
13339 Hagers Ferry Road
Address of Permittee Huntersville, North Carolina 28078
Permit Number
ACTION ID. 199404527 4.0BERT t Commander
J. SPERBERG, L, EN
ENG FORM 4336 . Jul 81 (33 CFA 320.330) EOITION OF JUL 70 MAY BE USED (Proponent: CECW.O)
i

United States Army Corps of Engineers
I ..-'
• DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
. ' P.O. BO 1
28402-1890
WILMINGTON, NORTH CAROLINA
IN REPLY REFER TO March 10, 1995
Regulatory Branch
Action ID. 199404527
Duke Power Company
Environmental Division, MG03AS
13339 Hagers Ferry Road
Huntersville, North Carolina 28078
Dear Sir:
EM+RO,'JSQ PWTECMN Sr'rj ,N
MAR F6 1995
? FILE
? TICKLER DATE
? COPY
a ROUTE
In accordance with the written request of September 26, 1994, and the
ensuing administrative record, enclosed is a permit to excavate and maintain
a 75-foot-wide by 150-foot-long sediment within the Broad River to remove
sediment from an existing water intake at the Cliffside Steam Station at
Cliffside, Cleveland County, North Carolina.
E
If any change in the authorized work is required because of unforeseen
or altered conditions or for any other reason, the plans revised to show the
change must be sent promptly to this office. Such action is necessary, as
revised plans must be reviewed and the permit modified.
Carefully read your permit. The general and special conditions are
important. Your failure to comply with these conditions could result in a
violation of Federal law. Certain significant general conditions require
that:
a. You must complete construction before December 31, 2000.
b. You must notify this office in advance as to when you intend to
commence and complete work.
C. You must allow representatives from this office to make periodic
visits to your worksite as deemed necessary to assure compliance with permit
plans and conditions.
The enclosed Notice of Authorization, Eng Form 4336, must be
conspicuously displayed at your worksite.
S' cerely,
mes H. Bradley
ief, Construction-Oper t on Division
Enclosure
E

u
-2-
Copy Furnished with enclosures:
NOAH, NOS, Coast & Geodetic Survey
Mapping and Charting Branch
Source Data Unit, N/Cg2211, Sta 7317
1315, East-West Highway
Silver Spring, Maryland 20910-3233
Copies Furnished with special conditions and plans:
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
. Wetlands Regulatory section - Region Iv
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
M

REC E JVED

•
DEPARTMENT OF THE ARMY PERMIT RFMIATORY PIRIV CH
permittee Duke Power Company
Permit No
199404627
Issuing Office CESAW-CO-E
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terns and conditions specified below.
Project Description:
To excavate amd maintain a 75-foot-wide by 150-foot long sediment basin within the Broad River to
remove sediment from an existing water intake at the Cliffside Steam Station according to the enclosed
plans.
•
Project Location:
Cliffside, Cleveland County, North Carolina.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2000 , If you find that you need
more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi-
tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make
a good faith transfer to a third party in compliance with General Condition 4 below. Should you with to cease to maintain
the authorized activity or should you desire to abandon It without a good faith transfer, you must obtain a modification of
this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you, have found. We will initiate the Federal and state coordina-
tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing In the National Register
of Historic Places.
ENO FORM 1721, Nov 86 EDITION of sEP 82 is OBSOLETE. (33 CFR 325 (Appendix A))
4. If you sell the. property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
b: If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in 'the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it con.
tains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
See enclosed sheet.
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
8. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
2
0 e, Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5, Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
Inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 38 CFR 325,7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.6. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature bel ) as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
2 1 FC eyu,4e r 1/ 1 S
( RMITTEE) (DATE)
DUKE POWER COMPANY
t becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
ENGINEER) (DATE)
J. SPERSERG, COLO L, EN
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE) (DATE)
0
*U.S. GOVERNMENT PRINTING OFFICE: lass -- 717.425

SPECIAL CONDITIONS
1) Heavy equipment, such as bulldozers or backhoes, will not operate
from within the channel of the Broad River.
2) All excavated material will be disposed of in existing diked
retention areas. Temporary stockpiling or double-handling of excavated
material below the ordinary high water line of the Broad River is not
authorized.
3) Any streambank areas disturbed as a result of the authorized
excavation will.be stabilized immediately following each dredging activity.

•

Cliffside Steam Station
DUKE POWER COMPANY
PROPOSED INTAKE DREDGING
VICINITY MAP
Clifflide Steam Station
Rutherford County, NC
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PROPOSED INTAKE DREDGING
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SHEET 4 of 6 SEPT. 1994

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SHEET 4 of 6 SEPT. 1994
State of North Carolina
Department of Environment,
Health and Natural Resources
. Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
November 28, 1994
Wo'''Ym.t.1 mo-I 3? l
L''r 1''co41
Duke Power Company
Environmental Division
Att: Ms. Dayna Russell
13339 Hagers Ferry Road
MG03A5
Huntersville, North Carolina 28078
Dear Ms. Russell:

LJ. c r' p r
J

Subject: Certification Pursuant to Section 401 of the Federal s-"
Clean Water Act,
Proposed sand removal from water intake, Cliffside Steam Station
• Project # 94812, COE # 199404527
Cleveland/Rutherford County
Attached hereto is a copy of Certification No. 2947 issued to Duke Power Company dated
28 November 1994.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
NR
?EH
. P.E.
Attachments V
wgc2947
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DEM Regional Office
Mr. John Dorney
Mr. Steve Benton, Division of Coastal Management
Central Files

P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Fn: id Oooortunity Atfirmofive Action Emplover 50% recycled! 10%past-conwrner paper
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• NORTH CAROLINA
Cleveland/Rutherford County
CERTFICATION
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 in
Cleveland/Rutherford County pursuant to an application filed on the 6th day of October of 1994 to
excavate a sediment basin from a water intake at Cliffside Steam Station.
The Application provides adequate assurance that the discharge of fill material into the waters
of Broad River in conjunction with the proposed development in Cleveland/Rutherford 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 (50 NTUs in streams and rivers not designated as trout
• waters by DEM; 25 NTUs in all saltwater classes, and all lakes and
reservoirs; 10 NTUs in trout 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 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon
expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within thirty (30) days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and
filed with the Office of Administrative Hearings. P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless
such demands are made, this Certification shall be final and binding.
This the 28th day of November, 1994.
DIVISION OF ENVIRONMENTAL MANAGEMENT
P ton Jr. P.E.
WQC# 2957

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management .
• James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
October 19, 1994
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland `404' Coordinator
SUBJECT: 1404' Project Review
7-F i (} la?t•;
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199404527 dated
October 6, 1994 describing a proposed project by Duke Power Company, (Env. Division) has
40 been 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 November 4, 1994. If you have any questions regarding the proposed project,
please contact me at 733-2293. When appropriate, in-depth comments with supporting data is
requested.
REPLY V This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed. '
i ,
Signed Date
r
P.O. Box 27687. Raleigh. North Carolina 27611-7687 Telephone [phone] FAX [phone]
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® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188,919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Steve Lund, Permit Coordinator
Asheville Office, U.S. Army Corps of Engineers
FROM: Stephanie E. Goudreau, Mt. Region Coordinator
{y Habitat Conservation Program r ;,?•,-?,T4?? .R?r.
DATE: September 16, 1994 TPA ?J?1'=+ s:, is UDRE3v
SUBJECT: Review of an application by Duke Power Company to
dredge sand from intake of Cliffside Steam Station on
' the Broad River, Rutherford County.
ell
Duke Power Company, represented by M. D. McIntosh, is
requesting a letter of concurrence from the North Carolina
Wildlife Resources Commission (NCWRC) to obtain a 404 permit from
the U.S. Army Corps of Engineers. The NCWRC has reviewed
- information provided by the applicant, and field biologists on
IV' our staff are familiar with habitat values of the project area.
These comments are provided in accordance with provisions of the
J Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C.
661-667d).
Based on the information provided by the applicant and our
information on the range of trout in the project area, we do not
believe this project will cause significant effects to waters
supporting trout. Therefore, we do not object to the project as
proposed.
Thank you for the opportunity to review and comment on this
project. If you have any questions regarding these comments,
please contact me at 704/652-4257.
cc: Mr. Chris Goudreau, District 8 Fisheries Biologist
Mr. M. D. McIntosh, Duke Power Company
40
y ER 9s J ??Io
;Received
?••,..?:•• Due Gj/l 3J
North Carolina Departmentef Cultural Resources
Janes B. Hunt. Jr., Governor Division of Archives and History
Betty Ray McCain, Secretary William S. Price, Jr., Director
NATIONWIDE PERMIT REVIEW
Dayna J. Russell, Associate Engineer
Environmental Division/water Protection
P P 41 CA NT: Duke Power Carpany
Generation Serviees Department ?l ! 1.t t
13339 Hagers Ferry Road - I
Huntersvil'le, NC 28078-7929
Project Location:
CL EVELAND/RUTHERFORD Counties
Proposed Project• Cliff side Stream Station, Intake Dredging
Project: River
We have received the application for the above project from the Ap lie t/Division of
Environmental Management and our comments are noted below.
. Additional information is needed (maps, photographs, other)
No comment.
We have reviewed the requested information and ave no comment.
Signed
Renee Gledhill-Earley
Environmental Review Coordinator
State Historic Preservation Office
9191733-4763
Date L/I
cc: Wayne Wright, ACOE (if comment or need info) U'l x ,ra pw !
SEP ? 0 1994.
D F'!L_
• ? ? ja'r' ?n -n-
.?Q,.?... LP S - 'ate
109 East Jones Street • Raleigh, North Carolina 27601.2807 --7-0
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Nil FISH AND WILDLIFE SERVICE
Asheville Field Office
330 Ridgefield Court
Asheville, North Carolina 28806
September 8, 1994
Mr. Dayna J. Russell
Duke Power Company
Generation Services Department
13339 Hagers Ferry Road
Hanters.,ille, North Carolina 1.8078.7929
TAKE
MEN ?

? FILE EP i ' 2 1994
'L• &6
n TICW MTE
c
Dear Mr. Russell:
Subject: Request for a permit to continue dredging at the intake of Duke
Power Company's Cliffside Steam Station, Cleveland and
Rutherford Counties, North Carolina
In your letter dated August 22, 1994 (received on August 29, 1994), you
A informed us of the subject application. The following comments are
provided in accordance with the provisions of Section 7 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
Our data indicate that no federally listed or proposed threatened or
endangered species would be affected by the proposed action. However,
obligations under Section 7 of the Act must be reconsidered if: (1) new
informati.on reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered,
(2) this action is subsequently modified in a manner that was not
considered in this review, or (3) a new species is listed or critical
habitat determined that may be affected by the identified action.
Please do not hesitate to contact us if we can be of further assistance.
In any future correspondence concerning this project, please reference
our Log Number 4-2-94-112.
Sincerely,
VAW-&J?
Brian P. Cole .
Field Supervisor
United States Department of the Interior
cc:
Mr. Bob Johnson, U.S. Army Corps of Engineers, Regulatory Field Office,
PO Room 75, Grove Arcade Building, 37 Battery Park Avenue,
Asheville, NC 28801