20030179 Ver 6_Approval Letter_20071121

O~O~ W A T F9~G
~_ ~
~ <
Duke Energy Carolinas, LLC
Attn.: Mr. Jeffrey Lineberger
Manager, Hydro Licensing
WC12Y
526 South Church Street
Charlotte, NC 28202-1802
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 21, 2007
Re: Dillsboro dam removal project
Jackson County
DWQ # 2003-0179, version 6.0
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Lineberger:
Attached hereto is a copy of Certification No. 888888 issued to Duke Energy Carolinas, LLC dated
November 8, 2007. 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.
CHS/jrd
Attachments: Certificate of Completion
Sincerely,
~~,~ oleen H. Sullins, Director
cc: Amanda Jones, U.S. Army Corps of Engineers, AshevilleRegulatory Field Office
Kevin Barnett, DWQ, Asheville Regional Office
DLR Ashveille Regional Office
File Copy
Central Files
Public Hearing mailing list
Paul Nolan, 5515 North 17th Street, Arlington, VA 22205
Jason Isbanioly, Devine, Tarbell and Associates, Inc., 400 S. Tryon Street, Suite 2401, Cvharlotte,
NC 28285
T.J. Walker, Dillsboro Inn, P.O. Box 270, 146 North River Road, Dillsboro, NC 28725
Unidentified FERC staff
Steve Reed, N.C. Division of Water Resources
Filename: 20030179version6.ODiIlsboroDam(Jackson)401
401 Oversight/Express Review Permitting Unit
] 650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httn://h2o.enr.state.nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Duke Energy
Page 2 of 4
November 8, 2007
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 remove the Dillsboro dam and powerhouse in Dillsboro, NC
on the Tuckasegee River in Jackson County, North Carolina, pursuant to an application filed on the March
23, 2007, and in additional correspondence received June 27, 2007 and October 25, 2007.
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. 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. For this approval to be valid, 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:
Amount Approved Amount Approved Plan Location or
(Units) -Permanent (Units) -Temporary fill Reference
fill
River Zero feet 102 feet Site Ian
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:
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.

Duke Energy
Page 3 of 4
November 8, 2007
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 404/401 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 to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
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:
5. 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 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 Power 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;
Other conditions:
6. Sediment Removal
Duke Power shall remove 70,000 cubic yards of sediment from behind the dam before the dam
structure is completely removed. The total amount to be removed may be altered only if there is
less than 70,000 cubic yards of sediment available for removal or if additional materials are
required for bank stabilization. Any deviations below the 70,000 cubic yards must be approved by
the Division of Water. This material shall be disposed of in an upland disposal site(s) or sold to
be used in upland sites.
7. Temporary Fills
All temporary fill and culverts shall be removed and the impacted area returned to the original
grade, including each stream's original cross sectional dimensions, planform pattern, and
longitudinal bed and bed profile after seismic-related construction is complete and the various
sites shall be stabilized with natural woody vegetation (except for the maintenance areas of
permanent utility crossings) and restored to prevent erosion. If the temporary fill is not completely
removed and restored as described above within the specified time above, additional written
approval from this Office must be obtained to modify this condition.
7. Monitoring
Water quality monitoring shall be done as outlined in the "Draft Dillsboro Dam and Powerhouse
Removal Environmental Monitoring Program" prepared by Duke Carolinas and submitted on
October 25, 2007 with the following changes:

Duke Energy
Page 4 of 4
November 8, 2007
a. At least two (2) fish and aquatic macrobenthos collections shall be made before dam
removal at different seasons.
b. Full scale benthic macroinvertebrate collections (rather than just EPT collections)
shall be made.
c. Post-dam removal monitoring shall be for a total of three (3) years.
d. Fish and macrobenthos collections in the lake pool shall be done in accordance with
written DWQ approval for the monitoring plan.
e. Pebble counts shall be added to the planned monitoring protocol for downstream and
upstream river reaches at the same locations as the macrobenthos samples.
f. Water quality sampling must be done on at least a monthly basis during the pre dam
removal and monthly for the post dam removal phases for the first two years.
Quarterly samples are adequate for the third year of sampling. If sampling reveals
that measurements start to stabilize, then DWQ may reduce this monitoring
frequency upon written request and review.
g. Chemical and physical water quality monitoring data shall be reported to DWQ
(Central Office and Asheville Regional Office) on a monthly basis and within 30 days
following the end of the month of the collections. The fish and macrobenthos data
shall be reported to DWQ annually by March 1 of each year.
8. The artificial structure of the dam shall be removed down to the natural rocky substrate of the
channel.
9. Sediment Management Plan -The Sediment Management Plan for the Dillsboro Dam Removal
as submitted on October 25, 2007 shall be followed.
10. If any man-made debris is revealed within the footprint of the lake during or after the removal of
the dam, such debris must be removed and disposed of in a proper upland location.
11. Any stream bank areas disturbed during the dam removal or mining operation shall be
revegetated with woody vegetation upon completion of the dam removal operation during the next fall-
spring season. In any event, temporary vegetative cover must be installed on all disturbed stream bank
areas within one week of completion of work in that area.
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 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 8th day of November 2007
DIVISION OF WATER QUALITY
~~~~i
G
Coleen H. Sullins, Director
CHS/jrd