19970175 Ver 3_401 Application_20121004

JWDuke
IEnergye
September 28, 2012
Mr. Ian McMillan
North Carolina Division of Water Quality /401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
RE: Duke Energy Carolinas, Inc.
Cliffside Steam Station
Pre - Construction Notification - Intake Structure Maintenance Dredging
Dear Mr. McMillan:
�J- twiso3
DUKE ENERGY CORPORATION
Cliffside Steam Station
573 Duke Power Road
Chffside, NC 28024
Mailing Address
Cliffside Steam Station
573 Duke Power Road
Mooresboro, NC 28114
828 - 657 -2000
Duke Energy Carolinas, Inc. is proposing to dredge around the intake structure at its Cliffside Steam
Sation located in Cleveland and Rutherford Counties, North Carolina. Sediment accumulation in
the area of the intake structure is typical at most power generating facilities with intake structures
on riverine systems. Duke Energy has obtained water quality certifications in the past for this
activity, WQC #2957 November 28, 1994, and November 9, 2010, DWQ Project #97 -0175 V2.
As with the previous projects the proposed project will use a cutterhead suction hydraulic floating
dredge to dredge the 0.76 acre area around the intake structure of the plant. It is expected that
the area will yield approximately 6.1 acre -feet of spoil material. The material will be conveyed to
an onsite settling basin for dewatering, the water in the basin will then be pumped to the ash pond,
while the spoil material will be used onsite for landscaping, or daily cover for the onsite landfill.
The intake area will be dredged to the original contours of the stream bed, resulting in no increase
in the depth of the stream at the intake structure. No equipment will be used in the river to
complete the project, except for the floating dredge; therefore, we expect no permanent impacts
to the river bed. Appropriate turbidity control practices will be used to minimize the effects of
turbidity downstream.
Thank you for your assistance with this project. If you have any questions or comments regarding
this letter please contact Mr. Steve Cahoon of Duke Energy's Environmental Services Section at
(919) 546 -7457 or
Enclosure
Sincerely,
MPOb[M 0 1 JJ Rick Roper — anager
FT OC - 4 2012 Cliffside Steam Station
www duke - energy com

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
Pre - Construction Notification PC Form
A. Applicant Information
1.
Processing
1 a. Type(s) of approval sought from the
Corps:
® Section 404 Permit E] 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
1 d.
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
1h
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
2c.
Nearest municipality / town:
Cliffside, NC
2d.
Subdivision name:
NA
2e.
NCDOT only, T.I.P. or state
project no:
NA
3.
Owner Information
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):
Rick Roper
3d.
Street address:
573 Duke Power Road
3e. City, state, zip:
Mooresboro, NC 28114
3f.
Telephone no.:
(828) 657 -2001
3g.
Fax no.:
3h.
Email address:
I rick.roper @Duke - Energy.com
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:
0
Telephone no
4g.
Fax no.:
4h
Email address -
5.
Agent/Consultant Information (if applicable)
5a
Name:
Steve Cahoon *Contact for questions regarding this submittal*
5b.
Business name
(if applicable):
Duke Energy - Evironmental Services
5c.
Street address:
3000 Spring Forest Road
5d
City, state, zip:
Raleigh NC 27616
5e. Telephone no.:
(919) 546 -7457
5f
Fax no
(919 546 -4409
5g.
Email address:
steve cahoon @pgnmail.com
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:
Maintenance dredging for the steam station intake structure to provide cooling water to assure continued electric service
to the Duke Energy Service area.
3e. Describe the overall project in detail, including the type of equipment to be used:
Maintenance dredging around the intake structure, area will be dredged to the original contours of the bottom of the
stream channel, as done with previously permitted activities. This activity will not increase the depth of the stream
channel. A cufterhead suction hydraulic dredge will pump spoil material into an onsite settling basin. After settling the
water will then be pumped to theo nsite ash basin and the soilds removed. The solids will be used for onsite landscaping
and /or daily cover for the onsite landfill. No dewatering material will be discharged back to the river and there will be no
equipment working in the river, other that the floating dredge. Appropriate turbidity control practices will be utilized to
minimize the efeects of downstream turbidity. Please see attached 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 /
project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
Comments: Project is maintenance dredging and has been
approved in the past.
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: Environmental Resources
of the Carolinas, Inc
Name (if known): Robert Silar
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
10 -26 -2010 - Action ID 2010 -01677
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version

S. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
5b If yes, explain in detail according to "help file" instructions.
Duke Energy received a previous maintenace dredge permit ID # 199404527 in 1995 that expired 12/31/2000 and
another, permit ID # 201001677 that expired 3 -18 -2012.
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
❑ No
❑ Corps
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
❑ Yes
❑ Corps
W4 ❑ P ❑ T
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
W6 ❑ P FIT
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments: No wetlands impacts associated with this project.
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: No stream channel impacts associated with this project.
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.
Open water
impact number —
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e
Area of impact (acres)
01 ❑ P ®T
Broad River
Sediment Removal
freshwater river
0.76
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4L Total open water impacts
0.76
4g. Comments: The approxiamte amount of material to be dredged based on depth of 8 ft, is approximately 6.1 ac -ft. The
area around the intake structure to be dredged is approximately 0.76 acres, the same as in previously approved permits.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or purpose
of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5E Total
5g. Comments: No pond or lake construction.
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:
Page 6 of 11
PCN Form — Version 1.3 December 10, 2008 Version

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: Broad
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 [IT
El Yes
❑ No
B2 ❑P ❑T
❑Yes
❑ No
B3 ❑P ❑T
El Yes
❑ No
6h. Total buffer impacts
6i Comments: No buffer impacts associated with the project.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The area for the proposed dredging project is the minimum area necessary to clear the area around the intake structure of
accumulated sediment. 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.
No equipment related to this project will be placed in the river except for the floating dredge. Dredged material will be pumped
from the dredge to the settling basin. This will avoid any impacts top wetalnds, streams or open waters.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
❑ Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
❑ Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version

I
3c. Comments: No mitigation required for proposed activity.
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.
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: No buffer impacts associated with proposed activity.
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: No additional impervious surface,
therefore no post construction stormwater permit needed.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan.
❑ 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?
NA
❑ 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:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
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)
la
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes
® No
use of public (federal /state) land?
lb
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)?
1c
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
❑ Yes
F] No
letter )
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.
NA
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
Y
❑ es ®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.
El 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 communication with Mara Alexander of the USFWS
Asheville Field Office.
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?
Essential fish habitat interactive map viewer found at http: // ocean. floridamarine .org /efh— coral /ims /viewer.htm. 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?
The NC State Historic Preservation Office web site, http: / /www.hpo.dcr.state.nc.us.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
TZ 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
Rick Roper
;4JApplican
1 o<
Applicant/Agent's Printed Name
D3
ate
gent's Signature
(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

Attachments

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DUKE POWER COMPANY
PAOPOSNTAVIC�M MAP
Clifi'side Stearn Station
Rutherford County, NC
SHEET 1 OF 4 SEPT. 1994

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
is 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 1404' Coordinator
SUBJECT: `404' Project Review
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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
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 This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed '
t
Date —Jl
P.O. Box 27687. Poleigh. North Carolina 27611 -7687 Telephone [phone] FAX [phone]
An Equal Gzportunity Affrmalive Action Employer 5096 recycled/ 10% post•corsumei paper

N
® North Carolina WAdlife Resources Commission KN
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
Habitat Conservation Program o Rl%,rd'
r'af .
DATE: September 16, 1994 S'TEPW -ITi �� t; ;,ti? ;.��T
SUBJECT:
Review of an application by Duke Power Company to
dredge sand from intake of Cliffside Steam Station on
the Broad River, Rutherford County.
v ,1 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
our staff are familiar with habitat values of the project area.
tom% These comments are provided in accordance with provisions of the
Clean Water Act of 1977 (33 U.S.C. 466 et. seq.} and the '04 = U and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C.
661- 667d).
i^, 1 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
Ml

ER ,. 4 q5
,,fir ' �
fleceived
�•,�,•� Due q/l 3/ �l
North Carolina Department-of Cultural Resources
Janus B. Hunt, Jr., Governor I Division of Archives used History
Betty Ray McCain, Secretary WWI= S. Pricc, Jr., Director
NATIONWIDE PERMIT REVIEW
Dayna J. Russell, Associate Engineer
Environmental Division /watip Protection
PPLICANT; Duke Power Caq:)any
Generation Services Services Department
13339 Hagers Ferry Road
Huntersvil'Ie, NC 28078 -7929
Project Location:
CLEVELAND /RUTHMMRD Counties
Proposed Project: Cliffside Stream Station, Intake Dredging
Broad River
We have received the application for the above project from the A P 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 Pave no comment.
Signed iI?jw "Oo/ _,"Aliv.,
f�
Renee Gledhill - Earley
Environmental Review Coordinator
State Historic Preservation Office
919/733 -4763
Date WL/
cc: Wayne Wright, ACOE (if comment or need info) ��`" ��'� .1 C frw&- -CIT
SEP a 0 1994.
❑ f'U:
109 East Joncs Street • Raleigh, North Carolina 27601 -2807 C�

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
330 Ridgefield Court
Asheville, North Carolina 28806
September 8, 1994
TAKE
e
AMEwK
No M
SEP V2 1994
)' FILE �2�n
n TICKS DATE
Mr. Dayna J. Russell Q my 1
Duke Power Company
Generation Services Department'
13339 Hagers Ferry Road Q FM
Huntersville, North Carolina 28078 -7929
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
informed us of the subject application. The following comments are
.'S 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
information 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,
Brian P. Cole �.
Field Supervisor
cc:
Mr. Bob Johnson, U.S. Army Corps of Engineers, Regulatory Field Office,
K Room 75, Grove Arcade Building, 37 Battery Park Avenue,
Asheville, NC 28801

Previously Issued 404 and 401 Permits for
Dredging the Intake Structure 2010 and 1995

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 2010 -01677 County: Cleveland USGS Quad: NC- Chesnee
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Duke Energy Carolinas, LLC Attn: Steve Hodges
Address: 573 Duke Power Road
Mooresboro, NC 28114
Telephone No.: 828 - 657 -2339
Size and location of property (water body, road name /number, town, etc.): The project site is an
established electric generation station at Cliffside Steam Station in Cliffside, Cleveland County, NC.
Coordinates in Decimal Degrees are: 35.221259 N, - 81.757824 W.
Description of projects area and activity: This permit authorizes the excavation and maintenance of a
0.76 acre area within the Broad river to remove sediment from an existing water intake structure at
the Cliffside Steam Station according to the proposed plans.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 3
Summary of Authorized Impacts and Re uired Mitigation
Action ID
#
NWP / GP
#
Open Water ac
Wetland (ac)
Unim ort ant Stream 1
Important Stream 1
Temporary
Permanent
Temporary
Permanent
Temporary
I Permanent
Temporary
Permanent
201001677
3
0.76
Impact Totals
Total Loss of Waters of the U.S. ac 0.76
Total Loss of Waters of the U.S. 1
Required Wetland Mitigation ac
Required Stream Mitigation (1
Additional Remarks and /or Special Permit Conditions:
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals /permits.
If there are any questions regarding this verification, any of the conditions of the Permit; or the Corps of
Engineers regulatory program, please contact Tyler Crumbley at 828 -271 -7980.
1
Corps Regulatory Official T ler Crumble ate: 26 October, 2010
Expiration Date of Verification: 18 March 2012

Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued—. Action ID
Basis of Jurisdictional Determination: The site contains wetlands that meet the criteria of the 1987 Corps
Delineation Manual and stream channels that exhibit indicators of ordinary high water marks. The stream channels
on the property are UTs to Broad River. The Broad River is Section 10 Navigable in gouth Carolina.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will
find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Program
Attn: Tyler Crumbley, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60
days from the Issue Date below.
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official: Tvler Crumbley
Issue Date: 26 October, 2010 Expiration Date: 26 October, 2015
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
hqp: / /per2.nwp.usace.army.mil /survey to complete the survey online.
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE AT'T'ACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Ron Lewis, Duke Energy Carolinas, LLC

Permit Number: 2010 -01677
Permit Type: NW3
Name of County: Clevelan
Name of Permittee: Duke Energy Carolinas, LLC
Date of Issuance: 26 October, 2010
Project Manager: Tyler Crumbley
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW -RG -A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date

x' . ' >r -'`�, b �� x ' a� <., „ _.,° .` �'.tiii ;T .; ��'�: �,.• . `: c" „* '- ._ ,t ` .,;qty ..� �; .. : i.�_ <. '
N TIFTC 'I TO CQ A MINI��'RATINt APftAL OPTIO14S ANi� PROCESS A�AI�II?,
'MQUE1.7_'..z` F#.l"I Ei k'L' . '*'
Applicant: Duke Energy Carolinas, LLC File Number: 2010 -01677
Date: 26 October, 2010
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
A
ermission
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
D
E
SECTION.I -The followingidentifies your rights and options regarding an: administrative appeal of the above
decision., ,Additiohal in%rmatiore may, be fQimd at hiip / /www usace army mi1/inet/functions /cw /cecwo /rep or
Co s re' ations aI`,33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the pen-nit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II, - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT ,
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR Q UESTIONS OR INFORMATION;
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process
appeal process you may contact: you may also contact:
Tyler Crumbley, Project Manager Mr. Michael F. Bell,
USACE, Asheville Regulatory Field Office Administrative Appeal Review Officer
151 Patton Ave, Room 208 CESAD- ET -CO -R
Asheville, NC 28806 U.S. Army Corps of Engineers, South Atlantic Division
828- 271 -7980 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303 -8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send
this form to:
District Engineer, Wilmington Regulatory Division, Attn: Tyler Crumbley, Project
Manager, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC
28801.
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr.
Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room
9M15, Atlanta, Georgia 30303 -8801

NCDNR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 9, 2010
Steve Hodges
Duke Energy Carolinas, LLC
573 Duke Power Road
Mooresboro, NC 28114
Subject: 401 Water Quality Certification - Approval
Cliffside Intake Dredging
DWQ Project # 97 -0175 V2
Rutherford County
BRD 02 / Broad River / 9- (40.5) / WS -IV
Dear Mr. Hodges:
Dee Freeman
Secretary
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 0.76 acres of open waters for the purpose of
dredging at the subject property. This approval requires you to follow the conditions listed in the attached
Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3687. This Certification allows
you to use Nationwide Permit 3 when issued by the US Army Corps of Engineers ( USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and water supply
watershed regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone 828 - 296-45001 FAX. [phone] Customer Service: 1-877-623-6748
Internet* www.ncwaterquality org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
,I'V6itl mitt(,
Amount Approved (Units)
Plan Location or Reference
Waters
0.76 (acres)
Sheet 3 of 6
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone 828 - 296-45001 FAX. [phone] Customer Service: 1-877-623-6748
Internet* www.ncwaterquality org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
,I'V6itl mitt(,

Steve Hodges
November 9, 2010
Page 2 of 2
Additional Conditions
1. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described
in 15 A NCAC 2B..0200. Appropriate turbidity control practices should be used to meet this standard.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office
at 828 - 296 -4664.
Sincerely,
IEZI-t-Itz'LA 11
Coleen H. Sullins, Director
CHSIcbc
Eric: GC3687
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit — Central Office
File Copy
S \SWP\ Rutherford \401s\Non- DOnCliffside Dredging\APRVL.11 8 10.doc

E
United States Army Corps of Engineers
'i�•
March 10, 9 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 Latgr. { i a s m Station
at Cliffside, Cleveland County, North Carolina.
Duke Power company
has been issued t0 Environmental Div. MG03A5_On Mar. 10 19 95
13339 Ragers Ferry Road
Address of Permittee Huntersville, North Carolina 28078
Permit Number
ACTION ID. 199404527 trfct Commander
.4BERT J. SPERBERG, L, EN
ENG FORM 4336 , Jul 81 (33 CFA 32(MM) EDITION OF JUL 70 MAY BE USED (Propanont. cecW.0)
r
,ta

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Allh qP P.O BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
IN WEKY REFER TO March 10, 1995
Regulatory Branch
G
Action ID. 199404527
Duke Power Company
Environmental Division, MG03AS
13339 Hagers Ferry Road
Huntersville, North Carolina 28078
Dear Sir:
EM,'RAErR PROTMN SrIA all
MAR T'6 1995
U FILE,
El TICKLER DATE
D COPY
U 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.
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 erely,
me$ H. Bradley
Enclosure ief, Construction -Open ron Division

-2=
Copy Furnished with enclosures:
NOAA, NOS, Coast 6 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

loW
Permittee Duke Power Company
Permit No.
199404527
RUZ lVED
DEPARTMENT OF THE ARMY PERMIT REGUIl +Tf1RY HRla +:li
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 terms and conditions specified below.
Project Description:
To excavate amd maintain a 75- foot -wide by 150 400t 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 wish 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. It 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 it 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 88 EDITION OF SEP 82 IS OBSOLETE.
(38 CPR 825 (Appendix A))
Y

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.
B. 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.
S. 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.
AM
MIM
d. Design or construction deficiencies associated with the permitted work.
2

0 e. Damage ciaims 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.
6. 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 33 CFR 326.7 or enforcement procedures such as those contained in 33 CFA 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 fall 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
isdecision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature bel a I permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
-30a-w 2r7 PGagme r /??5
( RMITTEE) (DATE)
DUKE POWER COMPANY
0
becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
ENGINEER) (DATE)
' J. SPERSERG, COLD (, 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 terns and conditions, have the transferee sign and date below.
(TRANSFEREE) (DATE)
3
*U.S. GOVERNMENT PRINTING OFIME: leas — 717-425

51A
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.
PI-14
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P
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
Duke Power Company
Environmental Division
Att: Ms. Dayna Russell
13339 Hagers Ferry Road
MG03A5
Huntersville, North Carolina 28078
Dear Ms. Russell:
4
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M1.01MM"AL PIROT MOU S£Cl't I
10, 941
1 ^, •�'.
.iti • 1. „•.._�....... .,.�,,,.�,. -,..
Subject: Certification Pursuant to Section 401 of the Federal
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.
Attachments
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
E.
P.O. Box 29535, Weigh, North Carolina 27626-0635 Telephone [phone] FAX 919 - 733 -2496
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1.
NORTH CAROLINA
Cleveland/Rutherford County
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
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 fortis 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 150E 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
C