19970175 Ver 3_Approval Letter_20121029

400 yam®
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P E Dee Freeman
Secretary
Governor Director
October 29, 2012
DWQ# 1997 -0175 V3
Cleveland County
Mr Rick Roper
573 Duke Power Rd
Mooresboro, NC 28114
Subject Property Cllffside Intake Dredging (Clarification of impacts)
Approval of 401 Water Quality Certification And Authorization Certificate (15A NCAC 26 0243) with Additional
Conditions
Dear Mr Roper
You have our approval, in accordance with the general certification and those conditions listed below,
to dredge or to otherwise impact the following as described In your application dated October 4, 2012
After reviewing your application, we have determined that N C Division of Water Quality (DWQ) General Water
Quality Certification Number 38888 covers the Impacts (a copy can be found at
http / /portal ncdenr orq /web /wq /swp /ws /401 This Certification allows you to use the General Certification 3888
associated to Nation Wide permit 16 issued to you by the US Army Corps of Engineers (USACOE) This letter
shall also serve as your approved Authorization Certificate per 15A NCAC 26 0243 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) those required by Erosion and Sediment Control, Non - Discharge, Duke
Energy, and Water Supply Watershed regulations
The above noted Certification will expire when the associated USACOE's 404 permit expires unless
otherwise specified In the General Certification This approval Is for the purpose and design that you described
In your application If you change your project, you must notify this office and you may be required to submit a
new application If the property is sold, the new owner must be given a copy of this Certification and approval
letter and Is thereby responsible for complying with all conditions
This approval requires you to follow the conditions listed In the attached Certification and any additional
conditions listed below
Mooresville Regional Office
Location 610 East Center Avenue, Suite 301, Mooresville NC 28115 NorthCarollna
Phone [phone] \Fax [phone]\ Customer Service 1- 877 -623 -6748 ;Vatura!!y
Internet http / /portal ncdenr org/web/wg
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper
Amount A roved Units
Plan Location or Reference
Shoreline
feet
404 /CAMA Wetlands
acres
Waters
076 acre
6 1 acre feet of spoil material
Buffers — Zone 1
(square ft
Per a Ilcation
Buffers- Zone 2
(square ft
After reviewing your application, we have determined that N C Division of Water Quality (DWQ) General Water
Quality Certification Number 38888 covers the Impacts (a copy can be found at
http / /portal ncdenr orq /web /wq /swp /ws /401 This Certification allows you to use the General Certification 3888
associated to Nation Wide permit 16 issued to you by the US Army Corps of Engineers (USACOE) This letter
shall also serve as your approved Authorization Certificate per 15A NCAC 26 0243 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) those required by Erosion and Sediment Control, Non - Discharge, Duke
Energy, and Water Supply Watershed regulations
The above noted Certification will expire when the associated USACOE's 404 permit expires unless
otherwise specified In the General Certification This approval Is for the purpose and design that you described
In your application If you change your project, you must notify this office and you may be required to submit a
new application If the property is sold, the new owner must be given a copy of this Certification and approval
letter and Is thereby responsible for complying with all conditions
This approval requires you to follow the conditions listed In the attached Certification and any additional
conditions listed below
Mooresville Regional Office
Location 610 East Center Avenue, Suite 301, Mooresville NC 28115 NorthCarollna
Phone [phone] \Fax [phone]\ Customer Service 1- 877 -623 -6748 ;Vatura!!y
Internet http / /portal ncdenr org/web/wg
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper

1 The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced
2 Work conducted by water and land
3 Upon completion of all work approved by this 401 Water Quality Certification, and any subsequent
approved modifications, the applicant is required to return the attached Certificate of Completion form to
the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699 -1650
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
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision The Director's decision is subject to
review as provided in Articles 3 and 4 of G S 150B
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act as described within 15A NCAC 2B 0243 If you have any questions, please telephone Michael Burkhard
at 704 - 663 -1699
Sincerely,
for Charles Wakild, P E
Enclosure
cc Karen Higgins, Wetlands Unit