20160742 Ver 3_Approval Letter_20200914

DocuSign Envelope ID: 3DED8FCB-708A-415C-8555-255A4E2EA43B
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Duke Energy Carolinas, LLC
Attn: Mr. Jonathan Wise
400 S. Church St
Charlotte NC 28202
NORTH CAROLINA
Environmental Quality
September 14, 2020
DWR # 20160742 Ver 3
Jackson County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Cedar Cliff Development Auxiliary Spillway Upgrade Project
USACE Action ID. No. SAW-2015-02543
Dear Mr. Wise:
Attached hereto is a copy of Certification No. WQC004077 issued to Mr. Jonathan Wise and Duke Energy
Carolinas, LLC, dated September 14, 2020. This Certification replaces the Certification issued on July
17, 2019. Please note that you should get any other federal, state or local permits before proceeding
with the subject project, including those required by (but not limited to) Sediment and Erosion Control,
Non -Discharge, and Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] for information. A petition is considered filed when the original and one (1)
copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
N11H fH (:A�i(1!.INA �
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
0­O,toreWMl talQ"I 919,707.9000

DocuSign Envelope ID: 3DED8FCB-708A-415C-8555-255A4E2EA43B
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Cedar Cliff Development Auxiliary Spillway Upgrade Project
DWR Project #20160742 Ver 2
Individual Certification #WQC004077
Page 2 of 7
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Contact Sue Homewood at 336-776-9693 or [e-mail] if you have
any questions or concerns.
Sincerely,
DocuS®igned by:
P&' WP
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Mr. Eric Mularski, HDR Engineering Inc. (via email)
David Brown, USACE Asheville Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
Christopher A. Militscher, Chief, NEPA Section, Strategic Programs Office, USEPA, 61 Forsyth St
SW, Atlanta GA 30303
Maria Clark, NEPA Section — Region 4, USEPA, 61 Forsyth St SW, Atlanta GA 30303
DWR ARO
DWR 401 & Buffer Permitting Branch files (Laserfiche)
Filename: 160742v3Ceda rCl iffSpi l lway(Jackson )_401_IC

DocuSign Envelope ID: 3DED8FCB-708A-415C-8555-255A4E2EA43B
Cedar Cliff Development Auxiliary Spillway Upgrade Project
DWR Project #20160742 Ver 2
Individual Certification #WQC004077
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004077 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500,
to Mr. Jonathan Wise and Duke Energy Carolinas, LLC, who have authorization for the impacts listed
below, as described within your application for modification received by the N.C. Division of Water
Resources (Division) on August 6, 2020 and subsequent information on September 10, 2020.
The State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the
application, the supporting documentation, and conditions hereinafter set forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Strea m
Site 1
0 (linear feet)
110 (linear feet)
Site 2 — Kiesee Creek
0 (linear feet)
45 (linear feet)
Open Waters
Site 0W1
0 (acres)
0.5 (acres)
Site OW2
9.6 (acres)
0 (acres)
Site OW3
0 (acres)
50.8 (acres)
Site OW4
0.01 (acres)
0 (acres)
Site OW5 — 1951 access
connector road
0.22 (acres)
0 (acres)
Site OW6 — Barge Access
Rd
0 (acres)
0.49 (acres)
Site OW7 — Excavation
0 (acres)
0.63 (acres)
Site OW8 — Rock Ditch
0.70 (acres)
0 (acres)
Site OW9 — Rock Vane
0.03 (acres)
0 (acres)
Site OW10 — Riprap Apron
0.007 (acres)
0 (acres)
2. The NC Wildlife Resource Commission (NCWRC) shall be consulted to determine the preferred rock
spoil locations within the lake.
3. A reservoir drawdown plan shall be provided to the Division for approval 30 calendar days prior to
submittal to FERC.

DocuSign Envelope ID: 3DED8FCB-708A-415C-8555-255A4E2EA43B
Cedar Cliff Development Auxiliary Spillway Upgrade Project
DWR Project #20160742 Ver 2
Individual Certification #WQC004077
Page 4 of 7
4. The Permittee shall adhere to the Water Quality Monitoring Plan submitted to the Division on May
19, 2019. Water Quality Monitoring shall continue for a minimum of 36 months post construction
completion. The Permittee shall submit an annual summary report of the monitoring data to the
Division by December 31 of each year beginning in December 2019.
5. The Permittee shall maintain compliance with all conditions of DWR Certification No. 3831 (DWR
Project #2003-1112).
6. This approval is for the purpose and design described in your application and as described in the Public
Notice. The plans and specifications for this project are incorporated by reference and are an
enforceable part of the Certification. Any modifications to the project require notification to DWR and
may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and
.0502]
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre -Construction Notification for this project. All
construction activities, including the design, installation, operation, and maintenance of sediment
and erosion control Best Management Practices shall be performed so that no violations of state
water quality standards, statutes, or rules occur. [15A NCAC 02H .0501 and .0502]
8. The Permittee shall secure approval of an Erosion and Sediment Control Plan prior to commencing
drawdown of the water level in the reservoir. All construction activities shall be performed and
maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act
of 1973). Sediment and erosion control measures shall not be installed in wetlands or waters with
the exception of turbidity curtains. All sediment and erosion control devices shall be removed and
the natural grade restored within two (2) months of the date that the Division of Energy, Mineral
and Land Resources (DEMLR) has released the specific area within the project. [15A NCAC 02H
.0501 and .0502]
9. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that
disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated in the conditions of the permit. If the
project is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and
reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)]
10. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in
contact with the disturbed area. Approved best management practices from the most current version
of the NCSediment and Erosion Control Manual, or the NC DOT Construction and Maintenance
Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be
used to minimize excavation in flowing water. [15A NCAC 02H .0506(b)(3) and (c)(3)]
11. If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .0200]

DocuSign Envelope ID: 3DED8FCB-708A-415C-8555-255A4E2EA43B
Cedar Cliff Development Auxiliary Spillway Upgrade Project
DWR Project #20160742 Ver 2
Individual Certification #WQC004077
Page 5 of 7
12. Temporary culverts required for this project shall be installed in such a manner that the original
stream profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile) must be
maintained above and below locations of each culvert.
13. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions,
within 60 days of the determination that the temporary impact is no longer necessary. The impacted
areas shall be restored to original grade, including the stream's original cross sectional dimensions,
plan form pattern, and longitudinal bed and bed profile, and the site shall be stabilized with natural
woody vegetation (except approved maintenance areas) and restored to prevent erosion. [15A NCAC
02H .0506(b)(2) and (c)(2)]
14. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the most
recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual so as
not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .0506(b)(2) and (c)(2)]
15. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction activity.
All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank
contours are restored and maintained. Placement of riprap or other approved materials shall not
result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC
02H .0506(b)(2)]
16. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure structural integrity of bank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
17. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required by, but
not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout
Buffer regulations.
18. All mechanized equipment operated near surface waters shall be inspected and maintained regularly
to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic
materials. Construction shall be staged in order to minimize the exposure of equipment to surface
waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance
shall not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and
oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)]
19. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more;
any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless
of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons
that cannot be cleaned up within 24 hours.

DocuSign Envelope ID: 3DED8FCB-708A-415C-8555-255A4E2EA43B
Cedar Cliff Development Auxiliary Spillway Upgrade Project
DWR Project #20160742 Ver 2
Individual Certification #WQC004077
Page 6 of 7
20. Mr. Jonathan Wise and Duke Energy Carolinas, LLC shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and
Federal law. [15A NCAC 02B .0200] If the Division determines that such standards or laws are not
being met (including the failure to sustain a designated or achieved use) or that State or federal law is
being violated, or that further conditions are necessary to assure compliance, the Division may
reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify
Mr. Jonathan Wise and Duke Energy Carolinas, LLC and the U.S. Army Corps of Engineers, provide
public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in
accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr.
Jonathan Wise and Duke Energy Carolinas, LLC in writing, shall be provided to the U.S. Army Corps of
Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall
also become conditions of the 404 Permit for the project.
21. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on the
DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)]
22. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]
23. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or
any right of use in any waters. This Certification does not authorize any person to interfere with the
riparian rights, littoral rights, or water use rights of any other person and this Certification does not
create any prescriptive right or any right of priority regarding any usage of water. This Certification
shall not be interposed as a defense in any action respecting the determination of riparian or littoral
rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to
possess any prescriptive or other right of priority with respect to any other consumptive user
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
24. This certification grants permission to the director, an authorized representative of the Director, or
DENR staff, upon the presentation of proper credentials, to enter the property during normal business
hours. [15A NCAC 02H .0502(e)]
25. Non-compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.

DocuSign Envelope ID: 3DED8FCB-708A-415C-8555-255A4E2EA43B
Cedar Cliff Development Auxiliary Spillway Upgrade Project
DWR Project #20160742 Ver 2
Individual Certification #WQC004077
Page 7 of 7
26. The permittee shall report to the Winston Salem Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not
limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B
.0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend
or holiday) from the time the applicant became aware of the circumstances. A written submission
shall also be provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case -by -case basis.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the
date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506]
This the 14t" day of September 2020
9EDocuSigned by:
ocu; �74"
P49D918A53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
SLH
WQC004077