20180364 Ver 2_LookoutShoalsESSI_401_ApprovalLetter18-0364-04032018_20221205

Water Resources
Environmental Qual ity
Mr. Jon Wise, PE
Duke Energy
400 S. Tryon St., Ste 30C
Charlotte, NC 28285
Eric Mularski
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Lookout Shoals Dam Project
Dear Mr. Wise:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
2 April 2018
DWR# 18-0364
Catawba County
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application received by the Division of Water Resources (the
Division) on March 20, 2018. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 4132 which can be viewed on our web site at
http://portal.ncdenr.oro/web/wq/swp/ws/401. The General Certification allows you to use Nationwide
Permit Number 3 once it is issued to you by the U.S. Army Corps of Engineers (COE). Please note that
you should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the Certification are
reviewed prior to initiation of the project. In addition to the requirements of the Certification, you must
also comply with the following conditions:
1. This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us in writing, and you may be required to send us a
new application for a new Certification. If total wetland fills for this project (now or in the future)
exceed one acre, or of total impacts to streams (now or in the future) exceed 300 linear feet,
compensatory mitigation may be 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. 15A NCAC 02H .0506 and, 15A NCAC 02H .0507
2. The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced. 15A NCAC 02H .0502 (e)
3. A restoration plan for the temporary impacted wetlands shall be approved by DWR to re-
establish the site back to the pre-existing condition and monitored for a minimum of two years or
two full growing seasons, whichever is greater, to ensure success (thriving vegetation and
maintenance of hydrology). A report shall be submitted at completion of the work (as -built) and
annually upon close-out. - Nothing Compares'--._.
State of North Carolina' Environmental Quality
1611 Mail Service Center E Raleigh, North Carolina 27699-1611
919-707-9000

4. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
200 linear ft.
138 linear ft.
Wetland
1.6 acre
0.6 acre
5. Diversion Ditches and other storm water conveyances as related to the sediment and erosion
control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This
includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3)
6. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
15A NCAC 02H .0506 (b)(3) and (c)(3)
7. Stormwater discharge structures at this site shall be constructed in a manner such that the
potential receiving streams (of the discharge) will not be impacted due to sediment accumulations,
scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5)
8, High Hazard silt fence is strongly recommended during construction of the dam and other berms
on site. Waddles and other measures may be appropriate along and up the slope of the dam
throughout construction to minimize erosion and soil loss. All construction activities associated
with this project shall meet, and/or exceed, those requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so
that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0506
(b)(3) and (c)(3)]
9. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2)
and (c)(2)
10. The permittee shall report any violations of this Certification to the Division of Water Resources
within 24 hours of discovery. 15A NCAC 02H .0507(c)
11. The outside buffer, wetland or water boundary located within the construction corridor approved
by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
Certification. 15A NCAC 02H.0501 and .0502
12. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters
associated with this permit without appropriate modification. Should waste or borrow sites, or
access roads to waste or borrow sites, be located in wetlands or streams, compensatory
mitigation will be required since that is a direct impact from road construction activities. 15A
NCAC 02H.0506(b)(3) and (c)(3)
13. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the Division. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B
by filing a written petition for an administrative hearing to the Office of the Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/or by
calling the OAH Clerk's Office at [phone].

Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee
is received in the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm,
excluding state holidays).
The petitions may be faxed to the OAH at [phone], provided the original and one (1)
copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water Act. If
you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-
663-1699.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Cathy Janiczak, Army Corps of Engineers, Charlotte, email
Eric Mularski, HDR, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality