20231101 Ver 1_Approval Letter_20240509

Doc 1" Envelope ID: EDB3102E-EBA4-4AC5-90BD-F8ECCCF4048A
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
May 10, 2024
DWR # 20231101
Cleveland County
Duke Energy
Attn: Mr. Michael Clough
500 Utility Dr
Lewisville NC 27012
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Duke Cliffside Unit 5 Dam Decommissioning
USACE Action ID. No. SAW-2015-01426
Dear Mr. Clough:
Attached hereto is a copy of Certification No. WQC006819 issued to Mr. Michael Clough and Duke Energy,
dated May 10, 2024. This approval is for the purpose and design described in your application. The plans
and specifications for this project are incorporated by reference as part of this Water Quality Certification.
If you change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be given a copy
of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
��� North Carolina Department of Environmental Quality I Division of Water Resources
z:5:f D-1 E 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
oaa..m.mof 0ual\ /� 919.707.9000

DocuSign Envelope ID: EDB3102E-EBA4-4AC5-90BD-F8ECCCF40488
Duke Cliffside Unit 5 Dam Decommissioning
DWR# 20231101
Individual Certification #WQC006819
Page 2 of 9
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Asheville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the
time the permittee becomes aware of the circumstances.
The permittee shall report to the Asheville Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Sue Homewood at 336-813-1863 or [e-mail] if you have any
questions or concerns.
Sincerely,
ED�ocnu'S.ig-n'ed ,by: �A
ft ply a u, i bms
980C5097D80E4E9...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROL
04patneMbfE I,n W10-Ift /� 919.707.9000

DocuSign Envelope ID: EDB3102E-EBA4-4AC5-90BD-F8ECCCF40488
Duke Cliffside Unit 5 Dam Decommissioning
DWR# 20231101
Individual Certification #WQC006819
Page 3 of 9
Electronic cc: Sean Wallace, WSP
Brooke Davis, USACE Asheville Regulatory Field Office
Andrea Leslie, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20231101 Duke Cliffside Dam Decommission - Cleveland - IP - 401.docx
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
04patneMbfE I,—W10-Ift /� 919.707.9000

DocuSign Envelope ID: EDB3102E-EBA4-4AC5-90BD-F8ECCCF40488
Duke Cliffside Unit 5 Dam Decommissioning
DWR# 20231101
Individual Certification #WQC006819
Page 4 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006819 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 0213.0200, to Mr. Michael Clough and Duke Energy, who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water Resources
(Division) on August 10, 2023 and subsequent information on September 12, 2023, December 15, 2023,
and April 26, 2024 and by Public Notice issued by the U. S. Army Corps of Engineers on September 21,
2023, and within the Reasonable Period of Time pursuant to 40 CFR Part 121.6.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Amount Approved
Mitigation Amount
Permanent
Temporary
Required
Riparian Wetlands
Wetland C—channel
0.29 acres
0 acres
0.29 credits
construction
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Mitigation must be provided for the proposed impacts as specified in the table below. The
attached Compensatory Mitigation Responsibility Transfer Form (Form) shall be completed and
provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on
the attached Form(s) for the proposed impacts changes after issuance of this Certificate, then
the Permittee shall request a revised Compensatory Mitigation Responsibility Transfer Form
from the Division prior to conducting any impacts.
Compensatory Mitigation Required River and Sub -basin Number
Wetland 1 0.29 acres (credits) Broad / 03050105
Citation: 15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c)
When final erosion control plans are completed for channel construction through Wetland C the
Permittee shall submit a copy to the Division for review. Final designs shall ensure that the
channel will be constructed so that flowing water does not come in contact with the work area
as required in Condition 10 of this Certification. No construction activities (including temporary
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000

DocuSign Envelope ID: EDB3102E-EBA4-4AC5-90BD-F8ECCCF40488
Duke Cliffside Unit 5 Dam Decommissioning
DWR# 20231101
Individual Certification #WQC006819
Page 5 of 9
impacts) shall begin at within Wetland C until the Division has acknowledged review of the
erosion control plans as related to working in the dry within Wetland C.
Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c)
3. All wetlands, streams, and surface waters located within 50 feet of the construction area on the
project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities and must be maintained on the property until the project phase is completed.
Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c)
4. The permittee shall report to the DWR Asheville Regional Office any noncompliance with, and/or
any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the permittee became aware of the
non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
6. All construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability
of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best
Management Practices for the control of sediment and erosion so that no violations of state
water quality standards, statutes, or rules occur.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28.0200; 15A NCAC 02B
.0231
7. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 02B
.0231
8. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000

DocuSign Envelope ID: EDB3102E-EBA4-4AC5-90BD-F8ECCCF40488
Duke Cliffside Unit 5 Dam Decommissioning
DWR# 20231101
Individual Certification #WQC006819
Page 6 of 9
9. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B
.0231
10. All work in or adjacent to streams shall be conducted so that the flowing stream does not come
in contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC Department of
Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 02B .0200
11. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231
12. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B .0231
13. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H .0507(c)
14. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000

DocuSign Envelope ID: EDB3102E-EBA4-4AC5-90BD-F8ECCCF40488
Duke Cliffside Unit 5 Dam Decommissioning
DWR# 20231101
Individual Certification #WQC006819
Page 7 of 9
15. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
16. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0201
17. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028
.0231
18. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028.0231
19. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.5143-215.85(b)
20. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000

DocuSign Envelope ID: EDB3102E-EBA4-4AC5-90BD-F8ECCCF40488
Duke Cliffside Unit 5 Dam Decommissioning
DWR# 20231101
Individual Certification #WQC006819
Page 8 of 9
21. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification 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 Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
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. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 10th day of May 2024
ESDocuSigned by:
ft p�G bass
980C5097D80E4E9_.
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
04patneMbfE I,—W10-Ift /� 919.707.9000

DocuSign Envelope in EDB3102E-EBA4-4AC5-90BD-F8ECCCF4048A
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
May 10, 2024
Permittee: Duke Energy DWR Project # 20231101
Project Name: Duke Cliffside Unti 5 Dam Decommissioning County: Cleveland
The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to
satisfy the mitigation requirements set forth in 401 Individual Certification No. WQC006819 issued to
Duke Energy, dated May 10, 2024as provided in the table below.
Compensatory Mitigation River and 8-digit HUC Number
Riparian Wetland 0.29 acres (credits) Broad / 03050105
The Permittee must provide a copy of this form to DMS who will then sign the form to verify receipt of
payment and the transfer of the mitigation responsibility. Once DMS has signed this form, it is the
Permittee's responsibility to ensure that a signed copy of this form is submitted to the Division before
conducting any of the authorized impacts.
The Division of Mitigation Services verifies that the mitigation requirements (credits) shown above will
be debited using approved released or advance credits, and for all stream or wetland credits is in
accordance with the signed/approved In -Lieu Fee Instrument dated July 28, 2010. By signing below,
DMS is accepting full responsibility for the identified mitigation. As a reminder to the Mitigation
Provider, no more than 25 percent of the total mitigation required by Division can be met through
preservation, unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)).
Signature Authority Name (print):
Signature:
Date:
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARCLINA
919.707.9000