20130330 Ver 1_Approval Letter_20130513

4
RC'-'ED EE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E.
Governor Director
May 13, 2013
Duke Energy Carolinas, Inc.
c/o Steve Cahoon
Duke Energy Environmental Services
3000 Spring Forest Road
Raleigh, NC 27616
Subject: 401 Water Quality Certification - Approval
Hydro Station Access Road — Tuxedo
DWQ Project # 13 -0330
Henderson County
BRD / UT Green River / 9- 29 -(22) / C -Trout
Dear Mr. Cahoon:
John E. Skvada, III
Secretary
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 80 feet of stream for the purpose of access
road improvement at the subject property. This approval requires you to follow the conditions listed in the
attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3890. This Certification allows
you to use Nationwide Permit 39 when issued by the US Army Corps of Engineers ( USACE). Authorization to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: 828 - 296.45001 FAX: [phone]
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer
One
NorthCarolina
Amount Approved nits
Plan Location or Reference
Stream
180 (feet)
Application: C.3.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: 828 - 296.45001 FAX: [phone]
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer
One
NorthCarolina

Duke Energy Carolinas
May 13, 2013
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Susan Wilson in the Asheville Regional Office at
(828) 296 -4665 or susan.a.wilsonencdenr.gov. .
Sincerely,
for Charles Wakild, P.E., Director
C W /saw
Enc: GC3890
Certificate of Completion
cc: USACE Asheville Regulatory Field Office — William Elliott
WBSCP Unit — Central Office
NCWRC — David McHenry
File Copy
S:\ SWP\Henderson \401s\Non- DOT\Duke Tuxedo Access\APRVL.Duke Tuxedo Road Access.5 2013.doc