20080915 Ver 1_Certification of Completion_20201216

Staff Review
DWR Project #:* 20080915 Version:* 1
Reviewer List* Alan Johnson:eads\adjohnson1
CERTIFICATION SUBMITTED ON 12/16/2020
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 submit it to the DWR 401 & Buffer Permitting Branch. This form
may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary
to send certificates from all of these.
Is this a Public Transportation Project? r Yes
W No
USACE Permit# 2008-02753
DWR Project M 20080915 Version: 1
County: Burke
401 Water Quality Certification Issued Date:
10/12/2010
Applicant: Duke Energy
Project Name: Linville Dam Embankment Seismic Stability Improvments Project
Supplemental Attachments: Click the upload button or drag and drop fileshere toattach docurrent
LI 404 Permit_20110119.pdf 1.41 MB
DWQ Cert.pdf 3.2MB
LI 404 Permit_20110119.pdf 1.41 MB
SAW-2008-
02753_DukeEnergyCarolinasLLC- 138.42KB
LinvilleDamESSI_IPmodification.pdf
SAW-2008-02753 Duke Energy Carolinas
Linville Dam ESSI 2020 Extension 177.99KB
SIGNED.pdf
PDF only
Who will be submitting the Certification of Completion?
r Applicant
r Agent
r Certified Professional
Agent's Certification

I, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction
such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
W By checking the box and signing box below, I certify that:
o I have given true, accurate, and complete information on this form;
o I agree that submission of the "Certificate of Completion" form is a "transaction" subject to Chapter 66, Article 40 of the
NC General Statutes (the "Uniform Electronic Transactions Act)
0 1 agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes
(the "Uniform Electronic Transactions Act');
o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written
signature; AND
o I intend to electronically sign and submit the "Certificate of Completion" form."
Printed Name: Eric Mularski
Signature

DEPARTMENT OF THE ARMY
VVILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
W ILMI NGTON, NORTH CAROLI NA 28403-1343
WLY T4
ATTENMNOF: January 19, 2011
Regulatory Division
Action iD; SAW-2008-0 753
Duke Energy Carolinas, LLC
Attn: Mr. Jonathan Wise
5657 Ray's Dairy Avenue
Morganton, NorO Carolina 28655
Dear Mr. Wise:
In accordance with your written request of April 20, 2010 and the ensuing administrative
record, enclosed is a copy of a Department of the Army (DA) permit to fill approximately 748
linear feet of stream channel and 0.02 acre of wetlands associated with the construction of the
Linville Dam Embankment Seismic Stability Improvements, on Linville Dam of Lake James in
Burke County, North Carolina.
Any deviation in the authorized work will likely require modification of this permit. IF a
change in the authorized work is necessary; you should promptly submit revised plans to the
Corps showing the proposed changes, You may not undertake the proposed changes until the
Corps notifies you that your perimit has been modified.
Carefully read your permit. The general and special conditions are important. Your
failure to comply with these conditions coup result in a violation of Federal law, Certa111
significant general conditions require that:
a. You must complete construction before December 31, 2015
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.

-2-
You should address all questions regarding this authorization to Ms. Amanda Jones, in
the Asheville regulatory Field Dftice, telephone [phone] extension 2 1.
Enclosures
Copies Furnished (with enclosures):
Chief, Source Data Unit
NDAAINatiunal Ocean Service
ATTN, Sharon Tear NI S261
1315 East -west Hwy., Rm 7316
Silver Spring, MD 20910-3282
Copies Furnished with special conditions
and plans,
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 3726
Raleigh, North Carolina 27636-3726
Mr, Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Sincerer,
Jefferson M. lyscavage
Colonel, H.S. Army
District Commander
USEPA
Wetlands and Marine Regulatory Section
Ms. Rehecca Fax
1307 Firefly Road
Whittier, North Carolina 28789
r. Doug Huggett
Division of Coastal Management
N.C, Department of Environment
and Natural resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr, Pace Wilber
National Marine Fisheries Service
219 Fort Johnson Road
Charleston, South Carolina 2941 -9110

DEPARTMENT OF THE ARMY PERMIT
Permittee Duke Energy Carolinas, LLC RECEIVED
Permit No. SAW-2008-0275
DEC 0 7 2010
issuing Office CESAW-RC-A REQ� WILL, ED, OF ,
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 apprW iate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate offici a] of that office acting under the authority of the cornm anding officer.
You are authorized to perform work in accordance with the terms and conditions specified below,
Project Description: to fill approximately 748 linear feet of stream channel and 0.42 acre of wetlands
associated with the construction of the Linville Dam Embankment Seismic Stability Improvements,
on Linville Dam of Lake James.
Project Location- in Durke CouMty, North. Carolina
Permit Conditions,
Genera[ Conditions:
1. The time I irnit for completing the work authorized ends on December 31, 2015. 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.
. You must maintain the activity authorized by this permit in goad condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitter) 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 ruaintain
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_ I f you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this off tee of wh at you have lbund. We wi 11 initiate the Federal and state coordination
required to determine if the remsins warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
ENO FORM 1721, Nov 86 ,EDUI N OF SEP 82 TS OBSOLETE. (33 CFR 323 (Appendix A))

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 pe mit to this office to validate the transfer of this authorization.
5. ]fa coriditiorted watcr quality certification has been issued for your project, you mast comply with the conditions specified
in the certification as special conditions to this pernut_ For your con ven ience, a copy of the certifi cation is attached if it
contains such conditions_
. You must allow representatives from this office to inspect the authorized activity at any time decreed necessaty to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Fwrtber Info oration:
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, , 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 perm it does not grant any property ri ghts 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 Mth any existing or proposed Federal project-
3 . Lirrdts of l:edetal 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 unperrttitted activities or from natural
causes.
b. Damages to the perm itte prof ect 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,
d_ Design or construction deficiencies associated wish the permitted work,

e. Damage ciaims associated with any future modification, suspension, or revocation oi<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.
5- Reevaluation of Permit Decision- This office may reevaluate its decision on this permit at any tune the circumstances
wwrant, 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
iAaccurate (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 wntained in 33 CFR 325-7 ur en.fvrcment procedures sucb as those contained in 33 CFR 326-4 and 326.5. The
refereBced enforcement procedures provide for the issuance of an administrativo order Fegairing 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 fail to comply with such directive, this office inay 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 t establishes a time limit for the completion of the activity authorized by this permit, Unless
there are ciremstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorab]e comsiderarion to a request for an extensiozk oft*5 time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the tetras and conditions of this permit,
/-
- ( .011" a. (PER E') DUKE ENERGY C'AROLINA , LLC {DAM
This pe it becomes eff6etive when the Federal oi<fwial, designated to act for the Secretary of the Army, has signed below.
cfl: I Azx,��
(DrSTFJCTC0 A D,EJEFFE N AVA E DATE)
��L1L
When the structures or 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 b indi.ng on the new owner(s) of the property- To val idate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
(DATE)
IU-S. GOVERNMENT FRJNTINrj C)FFtC a 1986 - 7] 7.425

SPECIAL CONDITIONS
SAW-200"2753
Work Limits
1. All work authorized by this permit must be performed in strict compliance with the attached
plans, which are a part of this permit. Any modification to these plans must be approved by the
US Army Corps of Engineers (USACE) prior to implementation.
2. Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, fill or mechanized land -clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters
or wetlands outside the permitted area. This prohibition applies to ali borrow and fill activities
connected with this projected_
3, Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands
Related Laws
4. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluid, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water (duality at (10) 733-5083,
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
Project Maintenance
5. Unless otherwise authorized by this permit, all fill material placed waters or wetlands shall
be generated from an upland source and will be clean and free of any pollutants except in trace
quantities_ Metal products, organic materials (including debris from land clearing activities), or
unsightly debris will not be used.
6. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project_

7. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shali include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project
must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of
1973 (North Carolina General Statutes Chapter 113A Article4).
g. The perrnittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Array or his authorized representative may direct, restore the
water or wetland to its pre -project condition,
9_ Permittee shall remove all tern porary fills associated with the construction of a temporary
haul road and restore stream channel to pre -construction contours utilizing bio-engineering
techniques.
Enforcement
10. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section
10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S.
Array Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Mitigation
11. The powerhouse sitchover should be conducted in two phases in order to minimize any
negative effects associated with de -watering the downstream reaches of the Linville River. The
first phase is planned to begin in mid -March 2011 and last for approximately 60 days. The
second phase will begin in September 2011 and last for approximately 30 days. During the de -
watering phases, the temperature of MuddyCreek/Catawba River channel will be monitored
with temperature loggers. If the temperature of Muddy Creek/Catawba River channel becomes
critical, the applicant will coordinate with the Corps, North Carolina Wildlife Resource
Commission and the Division of Water Quality to evaluate options of providing additional water
in this reach.
12. Our office should be notified in writing of the proposed construction schedule prior to the
start of construction activities associated with this permit authorization,
13. For the duration of the powerhouse su+itchover, a continuous flow equal to the 30"'
percentile should be maintained in the Catawba River at the former Calvin LJ GS gage site to
minimize the effects of low flaw on aquatic organisms in the Catawba River below the Muddy
Creek confluence_ puke should supplement natural flows as needed by providing water from
the newly installed valve at the Catawba Darn.
2

14. The applicant should notify the North Carolina Wildlife Resource Commission (NCWRC) at
least 30 days in advance of the projected start of the powerhouse sitchover in order for staff
to adjust stocking efforts and notify the public of impact to fishing in the Linville and Catawba
Rivers.
15. Ire channel stream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the trout spawning seasons of October 15 through February 28 to protect the
egg and fry stages of trout. If moratodum waivers are needed for this project, Due Energy
should contact NCRC fishery biologists to discuss alternative protective actions and
mitigation.
15. The permittee shall mitigate for a portion of the unavoidable 'impacts to stream channels
and wetlands associated with this project by payment to the North Carolina Ecosystem
Enhancement Program (NCEEP) in the amount necessary to perform restoration to 5802 linear
feet of cold water stream and to 143 linear feet of warm water streann channels in the Catawba
River Basin (Cataloging Unit 03050101). Construction within jurisdictional areas on the
property shall begin only after the permittee has made full payment with certified check to the
NCEEP, and the NCEEP has made written confirmation to the District Engineer, that it agrees to
accept responsibility for the mitigation work required, pursuant to Paragraph IV.D. of the
Memorandum of Understanding between the North Carolina Department of Environment and
Natural Resources and the U.S. Army Corps of Engineers, Wilmington District, dated
November 4, 1998.
3

A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 27, 2010
Duke Energy Carolinas, LLC
5657 Rays Dairy Avenue
Morganton, North Carolina 28655
Re: Linville Dam Embankment Seismic Stability Improvements, Burke County
DWQ Project # 20100904; 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
Dear Sir or Madam:
Attached hereto is a copy of Certification No. 3838 issued to Duke Energy Carolinas, LLC, dated October
27, 2010. 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 Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
_ 70,
IA
oleen Sullins
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: 100904LinvilleDamEmbankmentSeism icStabilityLnprovements(t3urke)401_1C
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:llportal ncdenr.crglweblwglws
An Fqual opportunity l Affirmative Action Employer

Duke Energy Carolinas, LLC
Page 2 of 6
October 27, 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 2H, 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 15'" 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.
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 sold, the new owner must be given a copy of the Certification 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 2H .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:
I. 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 Units
Plan Location or Reference
4041401 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
Page 3 of 6
October 27, 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 4041401Permit 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 NCG010000
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=Docwnents. him.
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
Page 4 of 6
October 27, 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 fcderal 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
15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Duke Energy
Carolinas, LLC and the US Army Corps of Engineers, provide public notice in accordance with 15A
NCAC 21-1.0503 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)
Catawba103050101
Stream (perennial)
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
Page 5 of 6
October 27, 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"' 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
Page 6 of 6
October 27, 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 LAMA 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 27`�' day of Oct 2010
DIV ION W ); UAL
oleen Sullins
CHS/ijm
3838

Lft3A
NCDEE R
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 mitigable 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 Peet 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: 100904LinvilleDamEmbankmentSeismicStabilitytmprovements(Burke)40I_1C_EEP
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: hdp:Ilh2o.enr.state.nc.uslncweilandsl
An Equal Opportunity 1Affirmative Action Employer
NorthCaroiina
,Xaturally

DEPARTMENT OF THE ARMY
VVILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
W ILMI NGTON, NORTH CAROLI NA 28403-1343
WLY T4
ATTENMNOF: January 19, 2011
Regulatory Division
Action iD; SAW-2008-0 753
Duke Energy Carolinas, LLC
Attn: Mr. Jonathan Wise
5657 Ray's Dairy Avenue
Morganton, NorO Carolina 28655
Dear Mr. Wise:
In accordance with your written request of April 20, 2010 and the ensuing administrative
record, enclosed is a copy of a Department of the Army (DA) permit to fill approximately 748
linear feet of stream channel and 0.02 acre of wetlands associated with the construction of the
Linville Dam Embankment Seismic Stability Improvements, on Linville Dam of Lake James in
Burke County, North Carolina.
Any deviation in the authorized work will likely require modification of this permit. IF a
change in the authorized work is necessary; you should promptly submit revised plans to the
Corps showing the proposed changes, You may not undertake the proposed changes until the
Corps notifies you that your perimit has been modified.
Carefully read your permit. The general and special conditions are important. Your
failure to comply with these conditions coup result in a violation of Federal law, Certa111
significant general conditions require that:
a. You must complete construction before December 31, 2015
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.

-2-
You should address all questions regarding this authorization to Ms. Amanda Jones, in
the Asheville regulatory Field Dftice, telephone [phone] extension 2 1.
Enclosures
Copies Furnished (with enclosures):
Chief, Source Data Unit
NDAAINatiunal Ocean Service
ATTN, Sharon Tear NI S261
1315 East -west Hwy., Rm 7316
Silver Spring, MD 20910-3282
Copies Furnished with special conditions
and plans,
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 3726
Raleigh, North Carolina 27636-3726
Mr, Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Sincerer,
Jefferson M. lyscavage
Colonel, H.S. Army
District Commander
USEPA
Wetlands and Marine Regulatory Section
Ms. Rehecca Fax
1307 Firefly Road
Whittier, North Carolina 28789
r. Doug Huggett
Division of Coastal Management
N.C, Department of Environment
and Natural resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr, Pace Wilber
National Marine Fisheries Service
219 Fort Johnson Road
Charleston, South Carolina 2941 -9110

DEPARTMENT OF THE ARMY PERMIT
Permittee Duke Energy Carolinas, LLC RECEIVED
Permit No. SAW-2008-0275
DEC 0 7 2010
issuing Office CESAW-RC-A REQ� WILL, ED, OF ,
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 apprW iate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate offici a] of that office acting under the authority of the cornm anding officer.
You are authorized to perform work in accordance with the terms and conditions specified below,
Project Description: to fill approximately 748 linear feet of stream channel and 0.42 acre of wetlands
associated with the construction of the Linville Dam Embankment Seismic Stability Improvements,
on Linville Dam of Lake James.
Project Location- in Durke CouMty, North. Carolina
Permit Conditions,
Genera[ Conditions:
1. The time I irnit for completing the work authorized ends on December 31, 2015. 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.
. You must maintain the activity authorized by this permit in goad condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitter) 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 ruaintain
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_ I f you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this off tee of wh at you have lbund. We wi 11 initiate the Federal and state coordination
required to determine if the remsins warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
ENO FORM 1721, Nov 86 ,EDUI N OF SEP 82 TS OBSOLETE. (33 CFR 323 (Appendix A))

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 pe mit to this office to validate the transfer of this authorization.
5. ]fa coriditiorted watcr quality certification has been issued for your project, you mast comply with the conditions specified
in the certification as special conditions to this pernut_ For your con ven ience, a copy of the certifi cation is attached if it
contains such conditions_
. You must allow representatives from this office to inspect the authorized activity at any time decreed necessaty to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Fwrtber Info oration:
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, , 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 perm it does not grant any property ri ghts 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 Mth any existing or proposed Federal project-
3 . Lirrdts of l:edetal 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 unperrttitted activities or from natural
causes.
b. Damages to the perm itte prof ect 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,
d_ Design or construction deficiencies associated wish the permitted work,

e. Damage ciaims associated with any future modification, suspension, or revocation oi<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.
5- Reevaluation of Permit Decision- This office may reevaluate its decision on this permit at any tune the circumstances
wwrant, 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
iAaccurate (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 wntained in 33 CFR 325-7 ur en.fvrcment procedures sucb as those contained in 33 CFR 326-4 and 326.5. The
refereBced enforcement procedures provide for the issuance of an administrativo order Fegairing 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 fail to comply with such directive, this office inay 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 t establishes a time limit for the completion of the activity authorized by this permit, Unless
there are ciremstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorab]e comsiderarion to a request for an extensiozk oft*5 time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the tetras and conditions of this permit,
/-
- ( .011" a. (PER E') DUKE ENERGY C'AROLINA , LLC {DAM
This pe it becomes eff6etive when the Federal oi<fwial, designated to act for the Secretary of the Army, has signed below.
cfl: I Azx,��
(DrSTFJCTC0 A D,EJEFFE N AVA E DATE)
��L1L
When the structures or 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 b indi.ng on the new owner(s) of the property- To val idate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
(DATE)
IU-S. GOVERNMENT FRJNTINrj C)FFtC a 1986 - 7] 7.425

SPECIAL CONDITIONS
SAW-200"2753
Work Limits
1. All work authorized by this permit must be performed in strict compliance with the attached
plans, which are a part of this permit. Any modification to these plans must be approved by the
US Army Corps of Engineers (USACE) prior to implementation.
2. Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, fill or mechanized land -clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters
or wetlands outside the permitted area. This prohibition applies to ali borrow and fill activities
connected with this projected_
3, Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands
Related Laws
4. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluid, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water (duality at (10) 733-5083,
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
Project Maintenance
5. Unless otherwise authorized by this permit, all fill material placed waters or wetlands shall
be generated from an upland source and will be clean and free of any pollutants except in trace
quantities_ Metal products, organic materials (including debris from land clearing activities), or
unsightly debris will not be used.
6. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project_

7. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shali include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project
must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of
1973 (North Carolina General Statutes Chapter 113A Article4).
g. The perrnittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Array or his authorized representative may direct, restore the
water or wetland to its pre -project condition,
9_ Permittee shall remove all tern porary fills associated with the construction of a temporary
haul road and restore stream channel to pre -construction contours utilizing bio-engineering
techniques.
Enforcement
10. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section
10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S.
Array Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Mitigation
11. The powerhouse sitchover should be conducted in two phases in order to minimize any
negative effects associated with de -watering the downstream reaches of the Linville River. The
first phase is planned to begin in mid -March 2011 and last for approximately 60 days. The
second phase will begin in September 2011 and last for approximately 30 days. During the de -
watering phases, the temperature of MuddyCreek/Catawba River channel will be monitored
with temperature loggers. If the temperature of Muddy Creek/Catawba River channel becomes
critical, the applicant will coordinate with the Corps, North Carolina Wildlife Resource
Commission and the Division of Water Quality to evaluate options of providing additional water
in this reach.
12. Our office should be notified in writing of the proposed construction schedule prior to the
start of construction activities associated with this permit authorization,
13. For the duration of the powerhouse su+itchover, a continuous flow equal to the 30"'
percentile should be maintained in the Catawba River at the former Calvin LJ GS gage site to
minimize the effects of low flaw on aquatic organisms in the Catawba River below the Muddy
Creek confluence_ puke should supplement natural flows as needed by providing water from
the newly installed valve at the Catawba Darn.
2

14. The applicant should notify the North Carolina Wildlife Resource Commission (NCWRC) at
least 30 days in advance of the projected start of the powerhouse sitchover in order for staff
to adjust stocking efforts and notify the public of impact to fishing in the Linville and Catawba
Rivers.
15. Ire channel stream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the trout spawning seasons of October 15 through February 28 to protect the
egg and fry stages of trout. If moratodum waivers are needed for this project, Due Energy
should contact NCRC fishery biologists to discuss alternative protective actions and
mitigation.
15. The permittee shall mitigate for a portion of the unavoidable 'impacts to stream channels
and wetlands associated with this project by payment to the North Carolina Ecosystem
Enhancement Program (NCEEP) in the amount necessary to perform restoration to 5802 linear
feet of cold water stream and to 143 linear feet of warm water streann channels in the Catawba
River Basin (Cataloging Unit 03050101). Construction within jurisdictional areas on the
property shall begin only after the permittee has made full payment with certified check to the
NCEEP, and the NCEEP has made written confirmation to the District Engineer, that it agrees to
accept responsibility for the mitigation work required, pursuant to Paragraph IV.D. of the
Memorandum of Understanding between the North Carolina Department of Environment and
Natural Resources and the U.S. Army Corps of Engineers, Wilmington District, dated
November 4, 1998.
3

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
December 16, 2015
Regulatory Division
Action ID: SAW-2008-02753
Mr. Jonathan Wise
Duke Energy Carolinas, LLC
5657 Ray's Dairy Avenue
Morganton, North Carolina 28655
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. Mitigation was implemented for the unavoidable impacts by payment
into the North Carolina Division of Mitigation Services In -Lieu Fee Program (formerly
Ecosystem Enhancement Program) for the restoration of 0.25 acres of riparian wetlands in the
Catawba River Basin (Cataloging Unit 03050101), 580 linear feet of cold water stream, and 143
linear feet of warm water stream channels in the Catawba River Basin (Cataloging Unit
03050101). A receipt dated February 21, 2011, was provided by the Program documenting that
the appropriate mitigation payment was received.
Also reference your permit modification request received by the Corps on Augustl7, 2015.
This modification requested a permit extension due to delays in the original project timeline. The
current permit is scheduled to expire December 31, 2015. You, as the applicant, are seeking a
four year extension to Phase 2 in order to complete the project as originally proposed. Also
included within the requested modification, is notification to the Corps that a stream crossing
previously permitted under the separate but adjacent Paddy Creek Embankment Seismic
Stabilization Improvements (ESSI) project (Action ID: SAW-2003-31252) has remained in place
throughout the duration of the Paddy Creek ESSI project (completed in 2006) and has been
utilized as part of the Linville ESSI project. You have requested to utilize the temporary crossing
(for the remainder of the Linville ESSI Phase 2 activities). The impact and restoration plan for

this stream crossing (labeled 3-1 on in the original plans) would remain unchanged from those
approved in the Paddy ESSI, however the permit expiration timeline would be extended to match
the expiration of the Linville ESSI. Therefore, once the Linville ESSI Phase 2 activities are
completed, the pipes constituting the temporary crossing (approximately 54 linear feet) will be
removed. The stream channel will be restored to its original elevation and stream banks will be
sloped back and re -planted with native vegetation. A 16 linear feet permanent ford style crossing
will be installed and all rock placed in the channel bottom will be set to an elevation as to not
impede surface water flow or passage for aquatic organisms.
The Corps has completed the evaluation of your request and concurs with your request
for a change in the permit expiration and impacts associated with your referenced DA permits
including the changes to the timeline of the associated stream crossing as requested. The revised
permit expiration date is December31, 2019. 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 November 30, 2015, the special conditions of your permit is
hereby modified to include:
The permittee shall ensure that all tree removal activities occur only from August 15-May
15 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 234.
Sincerely,
Scott Jones
Chief, Asheville Regulatory Field Office
Cc:
Ms. Jennifer Burdette
NCDENR — Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Eric Mularski, PWS
HDR
440 S. Church Street
Charlotte, North Carolina 28202

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:

WA
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
/ _ lSaffc_ Date: 2020.04.23 14:18:04-04'00'
Scott Jones, PWS
Chief
Charlotte/Asheville Regulatory Field Offices

1191
Enclosure
cc (via email):
NC DENR, Division of Water Resources - Sue Homewood
HDR - Eric Mularski