20080915 Ver 2_Approval Letter_20101012

WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 12, 2010
Duke Energy Carolinas, LLC
526 South Church Street
Charlotte, NC 28202
Re: Linville Dam Embankment Seismic Stability Improvements (Catawba-Wateree Hydroelectric Project),
Burke, Caldwell, Catawba, Iredell, Lincoln, and Gaston Counties
DWQ Project # 20080915, Ver. 2; USACE Action ID No. SAW-2008-2753
Linville River [030830, 11-29-(4.5), B, TR]
APPROVAL of 401 Water Quality Certification with Additional Conditions - MODIFICATION
Dear Sir or Madam:
Attached hereto is a copy of Certification No. 3767 issued to Duke Energy Carolinas, LLC, dated October
12, 2010. This Certification replaces the Certification issued on November 14, 2008 In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but
not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and
--- Water 5?lplrly VV?tershed regulat' ons.
If we can be of further assistance, do not hesitate to contact us.
CHS/ijm
Attachments: Certificate of Completion
NC DWQ 401 WQC Summary of Permitted Impacts and Mitigation Requirements
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
James McRacken, HDR/DTA, 400 S. Tryon Street, Charlotte, NC 28285
USACE Asheville Regulatory Field Office
Kevin Barnett, DWQ, Asheville Regional Office
DLR, Asheville Regional Office
File Copy
Filename: 080915 Ver2LinvilleDamEmbankmentSeismicStabilityImprovements(Burke)401_IC_MOD
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer
Duke Energy Carolinas, LLC
Page 2 of 6
October 12, 2010
NORTH CAROLINA 401 WATER QUALITY 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 Water Quality (DWQ)
Regulations in 15 NCAC 21-1, Section .0500 to Duke Energy Carolinas, LLC to fill or otherwise impact
0.02 acres of jurisdictional wetland and 748 linear feet of jurisdictional surface water (575 linear feet
permanent impact and 173 linear feet temporary impact) associated with construction of the proposed
stability berm on the downstream side of the existing Linville Dam on Lake James in Burke County, North
Carolina, pursuant to an application filed on the 15a' day of April of 2010 (received by the DWQ on April
16, 2010, and in additional correspondences received on May 12, 2010, and August 30, 2010) and by Public
Notice issued by the USACE on May 14, 2010, and received by the DWQ on May 14, 2010, 2010.
The application and supporting documentation provides adequate assurance that the proposed work 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 the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is for the purpose and design submitted in the application materials and as described in the
Public Notice. If the project is changed, prior to notification a new application for a new Certification is
required. if the-property-is seld-the-new-owner-must-be-given-a-copy-of-the-C?eation-and--approval ---- - -
letter and is thereby responsible for complying with all conditions of this Certification. Any new owner
must notify the Division and request the Certification be issued in their name. Should wetland or stream
fill be requested in the future, additional compensatory mitigation may be required as described in 15A
NCAC 211.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in
stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and
a new application for 401 Certification may be required. Compliance with the conditions listed below is
required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact Amount Approved nits Plan Location or Reference
404/401 Wetlands 0.02 (acres) Application and Public Notice
Stream (perennial) 748 [(linear feet) 575 linear Application and Public Notice
feet permanent impact and
173 linear feet temporary
impact]
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
Duke Energy Carolinas, LLC
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October 12, 2010
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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 404/40 1 Permit Application. 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;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures
shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. 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 Land Resources or locally delegated program has released the
project.
5. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing construction
activities as stipulated by conditions in the permit. If your project is covered by this permit
[applicable to construction projects that disturb one (1) or more acres], full compliance with permit
conditions including the sedimentation control plan, self-monitoring, record keeping and reporting
requirements are required. A copy of this permit and monitoring report forms may be found at
http: //h2o. enr.state. nc. us/su/Forms Documents. htm.
6. "Re-opener" Clause
Duke Energy Carolinas, LLC and its authorized agents shall conduct its 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 law and
federal law. Duke Energy Carolinas, LLC shall require its contractors (and/or agents) to comply with
all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of
this Certification. A copy of this Certification shall be included in the construction contract and
Duke Energy Carolinas, LLC
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October 12, 2010
available on the job site at all times. If DWQ 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, DWQ may reevaluate and
modify this certification to include conditions appropriate to assure compliance with such standards
and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification,
DWQ shall notify Duke Energy Carolinas, LLC and the US Army Corps of Engineers, provide public
notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Duke
Energy Carolinas, LLC in writing, shall be provided to the United States 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.
Continuing, Compliance:
7. 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 law and federal law. 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 to include
conditions appropriate to assure compliance with such standards and requirements in accordance with
___l5A_NCAC_2H_05_07(c1)_ Before._modif_ying-the_Certification, the-Division_shalLnotify-Duke_Energ_y
Carolinas, LLC and the US Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504.
Any new or revised conditions shall be provided to Duke Energy Carolinas, LLC in writing, shall be
provided to the United States 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;
Mitigation:
8. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you wish to make a payment to the Wetlands Restoration Fund administered by the NC
Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP
receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office),
no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at
[phone] if you have any questions concerning payment into a restoration fund. You have 60
days from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the
following compensatory mitigation requirement:
Type of Impact Compensatory Mitigation Required River and Sub-basin Number
Wetlands 0.04 acres Catawba/03050101
Stream erennial) 575 linear feet Catawba/03050101
9. Protective Fencing
The outside wetland or water boundary and along the construction corridor within these boundaries
approved under this authorization shall be clearly marked with orange warning fencing (or similar
Duke Energy Carolinas, LLC
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October 12, 2010
high visibility material) for the areas that have been approved to infringe within the buffer, wetland or
water prior to any land disturbing activities.
10. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B..0200. Appropriate sediment and erosion control practices must be used
to meet this standard.
11. Temporary Fish Relocation
The proposed stream dewatering, in regards to fish populations, must be coordinated with the North
Carolina Wildlife Resources Commission (NCWRC). This includes fish capture, relocation and
reintroduction. This temporary fish relocation plan must be approved by the NCWRC and the
approval submitted to the DWQ prior to the dewatering of the stream.
12. The powerhouse switchover should be conducted as early in the Spring as possible to minimize the
effects of low flow and high temperatures on aquatic organisms in the Linville and Catawba Rivers.
Despite the impact to fishing opportunities, we recommend that the work begin in March and be
completed by May 30, if at all possible.
13. For the duration of the powerhouse switchover a continuous flow equal to the 30`x' percentile should
_ _ -be-maintained in the _Catawba River at_the_former Calvin USGS gage site to minimize the effects of
low flow on aquatic organisms in the Catawba River below the Muddy Creek confluence. Duke
should supplement natural flows as needed by providing water from the newly installed valve at the
Catawba Dam.
14. The Commission should be notified by Duke at least 30 days in advance of the projected start of the
powerhouse switchover in order for staff to adjust stocking efforts and notify the public of impacts to
fishing in the Linville and Catawba Rivers.
15. In channel stream work and land disturbance within the 25-foot wide buffer zone are prohibited
during the trout spawning seasons of October 15 through April 15 to protect the egg and fry stages of
trout. If trout moratorium waivers are needed for this project, Duke Energy should contact NCWRC
fishery biologists to discuss alternative protective actions and mitigation.
16. If any concrete will be used, work must be accomplished so that wet concrete does not contact stream
water.
17. Heavy equipment should be operated from the bank rather than in the stream channel in order to
minimize sedimentation and reduce the likelihood of introducing pollutants into the water. If
equipment must be used in waters, petroleum spill containment equipment should be readily
available. Equipment should be new or low-hour, clean and well maintained.
18. State-of-the-art natural channel design methodologies should be incorporated into any stream/channel
restorations or relocations. Temporarily impacted waters should be restored to preconstruction
conditions unless alternate natural channel designs determine better site restoration options.
19. Only native plants should be used for vegetating disturbed areas. Restored streams and stream banks
should be planted with native plants like silky dogwood, rhododendron, dog hobble, red maple, silky
willow, tag alder, black willow, sycamore, river birch, or other native woody species to enhance
shading and stability. Maximum available forested buffers should be provided.
Duke Energy Carolinas, LLC
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October 12, 2010
20. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650.
Also, 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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 12th day of Oct ber 2010
DIVIS ON OF W TE ALITY
oleen Sullins
CHS/ijm
3767
?_ Wwl
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Dee Freeman
Secretary
In accordance with 15A NCAC 2H.0500, Duke Energy Carolinas, LLC, have permission to fill or otherwise impact
0.02 acres of jurisdictional wetland and 748 linear feet of jurisdictional surface water (575 linear feet permanent
impact and 173 linear feet temporary impact) associated with construction of the proposed stability berm on the
downstream side of the existing Linville Dam on Lake James in Burke County, North Carolina. All activities
associated with these authorized impacts must be conducted with the conditions listed in the attached Permit
transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME Linville Dam ESSI Project
DWQ PROJECT #: 20080915, Ver. 2 MODIFICATION
LOCATION: Morganton
COUNTY Burke
BASIN/ SUB BASIN Catawba/03050101
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigabee impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts Mitigation
0.02 Acres of 404/Wetlands 0.04 Acres of 404/Wetlands
575 Linear Feet Of Perennial Stream 575 Linear Feet Of Perennial Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this,form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 080915 Ver2LinvilleDamEmbankmentSeismicStabilitylmprovements(Burke)401_IC_MOD_EEP
401 OversighUExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:llh2o.enr.state.nc.uslncwetlands/
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally