20100904 Ver 1_USACE Permit_20200423

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
April 23, 2020
Regulatory Division
Action ID: SAW-2008-02753
Mr. Jonathan Wise
Duke Energy
400 South Tryon Street
Mail Code ST28U
Charlotte, North Carolina 28285-1900
Dear Mr. Wise:
Reference the Department of the Army (DA) permit issued on January 19, 2011, to
Jonathan Wise of Duke Energy Carolinas, LLC for impacts associated with the Linville
Dam Embankment Seismic Stability Improvements (ESSI). This project associated with
the Linville Dam is located near Powerhouse Road, along Lake James, in Burke
County, North Carolina. Coordinates (in decimal degrees) for the site are 35.74238
North, 81.83567 West. The project site contains the Linville River, an unnamed tributary
to the Linville River and an adjacent wetland, in the Upper Catawba Watershed of the
Santee River Basin (8-Digit Cataloging Unit 03050101). Permanent impacts authorized
by this permit included 748 linear feet of stream channel and 0.02 acre of lands and
compensatory mitigation was provided by payment to the North Carolina Ecosystem
Enhancement Program on February 21, 2011.
Also reference the permit modification issued by the Corps on December 15, 2015.
This modification authorized a permit extension until December 31, 2019, due to delays
in the original project timeline. It included authorization for the continued utilization of a
stream crossing, previously permitted under the separate but adjacent Paddy Creek
Embankment Seismic Stabilization Improvements (ESSI) project (Action ID: SAW-2003-
31252), that has remained in place throughout the duration of the Paddy Creek ESSI
project (completed in 2006), until the completion of the Linville ESSI phase 2 activities.
At the completion of the Linville ESSI phase 2 activities, the stream impacts are to be
reduced to the smaller ford crossing in accordance with the previous authorization.
The Corps received a request via email on November 18, 2019 to extend the permit
another 4 years for the Linville ESSI project and the continued use of the Paddy Creek
ESSI stream crossing, as authorized in 2015, due to continued project delays "attributed
to challenges with site conditions, adverse weather conditions, availability of materials,
and change of General Contractor." The request and additional project information
received via email on January 10, 2020 stated:

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All impacts to jurisdictional waters authorized in the 2011 CWA permits and re-
issued in 2015 modification are complete. No jurisdictional waters will be
impacted that haven't already been impacted.
Hexastylis naniflora populations were re -verified by HDR in 2014. See enclosed
memo. It is our understanding that Duke Energy's biologist monitor these
populations annually. Population boundaries are clearly marked on the
construction plans and located outside of the limits of disturbance. Boundaries
were re -flagged in the field when a new construction contractor was selected in
2018.
All tree clearing activates detailed in the construction plans are complete.
No blasting activities are required for the project. Ongoing construction activities
(by standard construction equipment) will result in noise and percussive
vibrations.
The extension request also detailed damage to the Paddy Creek ESSI crossing
resulting in rip rap deposition in the channel and floodplain as a result of several storms
in 2019. Duke Energy proposed to use equipment positioned in the adjacent uplands to
remove the large deposited materials and then allow the stream banks to re -vegetate
naturally.
The Corps has completed the evaluation of your request and concurs with the
extension of the permit expiration associated with your referenced DA permits until
December 31, 2023. No additional mitigation is required for this modification.
Based on our consultation with the United States Fish and Wildlife Service regarding
potential impacts of the project on the federally threatened northern long-eared bat and
the concurrence received via email February 13, 2020, the special conditions of your
permit are hereby modified to include:
The permittee shall ensure that no tree removal activities occur between
June 1 - July 31 of any year.
Please note that all other permit conditions and exhibits for both the Linville ESSI
and those associated with stream crossing 3-1 of Paddy Creek ESSI remain in effect as
written. Should you have questions, contact Mr. Steve Kichefski, Asheville Regulatory
Field Office at telephone [phone], Extension 4234.
Sincerely,
Digitally signed by
JONES.MICHAEL.SCOTT.1258314073
:544 Date: 2020.04.23 14:18:04-04'00'
Scott Jones, PWS
Chief
Charlotte/Asheville Regulatory Field Offices

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Enclosure
cc (via email):
NC DENR, Division of Water Resources - Sue Homewood
HDR - Eric Mularski