20041224 Ver 1_Approval Letter_20050515

p~pF WATF,9OG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
~ -i
~ ~ Alan W. Klimek, P.E. Director
Division of Water Quality
May 15, 2005
Mr. Jeffrey G. Lineberger, P.E.
Manager, Hydro Licensing
Duke Power
P.O. Box 1006
Charlotte, NC 28201-1006
Re: Dillsboro Hydroelectric Project
Jackson County
DWQ #04-1224; FERC No. 2602
APPROVAL of 401 Water Quality Certification
Dear Mr. Lineberger:
Attached hereto is a copy of Certification No. 3510 issued to Duke Power dated Mary 15, 2005. 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. ,
AW K/jrd
Attachments: Certificate of Completion
Sine ly,
. Klimek, P.E.
cc:
Kevin Barnett, DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Steve Reed, NC Division of Water Resources
Dave Toms, DWQ
Magalie R.Sales, Secretary, Federal Energy Regulatory Commission
Christopher Goudreau, NC Wildlife Resources Commission
Larry Eaton, DWQ
Filename: 041224DiIlsboroDamRemoval(Jackson)401
4010versighl/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
Non` Carolina
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An Equal OpportunitylAffirmative Action Empbyer- 50% Recycledll0% Post Consumer Paper

Duke Power ~ ~ '
Page 2 of 3
May 15, 2005
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 Power to surrender the hydroelectric license for the
Dillsboro dam and powerhouse on the Tuckasegee River in the Little Tennessee River Basin, in Jackson
County, North Carolina, pursuant to an application filed on the 17th day of May of 2005. ,
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 only valid 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 impervidus surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
Sediment and Erosion Control:
1. 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:
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.
2. 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 FERC 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;
3. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is

Duke Power
Page 3 of 3
May 15, 2005
unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project;
Continuing Compliance:
4. Duke Power 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 15A NCAC 2H.0507(d). Before modifying the Certification, the
Division shall notify Duke Power and the Federal Energy Regulatory Commission, 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
Power, shall be provided to the Federal Energy Regulatory Commission for reference in any
Permit issued by that agency and shall also become conditions of the FERC Permit for the
project;
Other conditions:
5. It is understood that the surrender of this license and subsequent removal of the Dillsboro dam are
necessary measures to provide compensatory mitigation for the unavoidable impact to other waters
by the applicant for other hydroelectric relicensing projects that are being reviewed by the Division of
Water Quality and other agency stakeholders. These projects may include Lake Glenville, Little
Tuckasegee, Tanessee Creek, Wolf Creek, Cedar Cliff, Bear Lake, Nantahala, East and West Fork of
the Tuckasegee River, Queens Creek and White Oak Creek.
6. The applicant must provide a detailed dam removal and monitoring plan with the submittal of a 401
Certification far the 404 Permit needed to physically remove the Dillsboro dam. If the US Army Corps
of Engineers determines that a 404 Permit (and subsequently a 401 Certification) is not needed for
this dam removal, then the applicant must still submit a detailed dam removal and monitoring plan for
written DWQ approval before the dam is removed. In either case, this plan must be based on the
Final Environmental Assessment and Biological Assessment dated May 2004 as included in the
application for 401 Certification
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 FERC 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 1506 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 15th day of May 2005.
DJNISION OF WATER QUALITY
AWIVjrd
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