20160742 Ver 1_Approval Letter_20161209

Water Resources
ENVIRONMENTAL QUALITY
December 9, 2016
Duke Energy Carolinas, LLC
Attn: Mr. Jonathan Wise
400 S. Church St
Charlotte NC 28202
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Dlrecte,
DWR # 2016-0742 reissuance
Jackson County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Cedar Cliff Development Auxiliary Spillway Upgrade Project
USACE Action ID. No. SAW -2015-02543
Dear Mr. Wise:
Attached hereto is a copy of Certification No. WQC004077 issued to Mr. Jonathan Wise and
Duke Energy Carolinas, LLC, dated December 6, 2016. This Certification replaces the
Certification issued on November 30, 2016 to account for additional open water impacts
from the 1951 Access Road Connection. Please note that you should get any other federal,
state or local permits before proceeding with the subject project, including those required
by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification
can be contested as provided in General Statute 1506 by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone] for information. 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 between 8:00am and 5:00pm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one 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.
State of North Carolina I Enviromnental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Cedar Cliff Development Auxiliary Spillway Upgrade Project
DWR # 16-0742 reissuance
Individual Certification #4077
Page 2 of 7
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Sam Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H.0500. Contact Sue Homewood at 336-776-9693 or
sue.homewood(@ncdenr.gov if you have any questions or concerns.
Sincerely,
"ll N I ---
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Mr. Eric Mularski, HDR Engineering Inc. (via email)
David Brown, USACE Asheville Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR WSRO 401 file
File Copy (Laserfiche)
Filename: 160742Ceda rCliffSpi Ilway(Jackson)_401_IC_reissue

Cedar Cliff Development Auxiliary Spillway Upgrade Project
DWR # 16-0742 reissuance
Individual Certification #4077
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004077 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
15A NCAC 02H .0500, to Mr. Jonathan Wise and Duke Energy Carolinas, LLC, who have
authorization for the impacts listed below, as described within your application received by the
N.C. Division of Water Resources (Division) on July 29, 2016 with additional information received
October 20, 2016, and November 15, 2016, and by Public Notice issued by the U. S. Army Corps of
Engineers and received by the Division on August 12, 2016.
The State of North Carolina certifies that this activity will not violate 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.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Site 1
0 (linear feet)
110 (linear feet)
Open Waters
Site OW1
0 (acres)
0.5 (acres)
Site OW2
9.6 (acres)
0 (acres)
Site OW3
0 (acres)
50.8 (acres)
Site OW4
0.01 (acres)
0 (acres)
Site OW5 —1951
access connector rd
0.22 (acres)
0 (acres)
2. The NC Wildlife Resource Commission (NCWRC) shall be consulted to determine the
preferred rock spoil locations within the lake.
3. A reservoir drawdown plan shall be provided to the Division for approval 30 calendar days
prior to submittal to FERC.

Cedar Cliff Development Auxiliary Spillway Upgrade Project
DWR # 16-0742 reissuance
Individual Certification #4077
Page 4 of 7
4. The Permittee shall maintain compliance with all conditions of DWR Certification No. 3831
(DWR Project #2003-1112).
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 Pre -Construction Notification for this
project. 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.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit. [15A NCAC 02H .0501 and .0502]
6. The Permittee shall secure approval of an Erosion and Sediment Control Plan prior to
commencing drawdown of the water level in the reservoir. Sediment and erosion control
measures shall not be installed in wetlands or waters with the exception of turbidity
curtains. All sediment and erosion control devices shall be removed and the natural grade
restored within two (2) months of the date that the Division of Energy, Mineral and Land
Resources (DEMLR) has released the specific area within the project. [15A NCAC 02H .0501
and .0502]
7. 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. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements 115A NCAC 02H .0506(b)(3) and (c)(3)]:
a. 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.
b. 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.

Cedar Cliff Development Auxiliary Spillway Upgrade Project
DWR # 16-0742 reissuance
Individual Certification #4077
Page 5 of 7
6. An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCGO10000), inspection log sheets, and other information may be found at:
http://deg.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-
permits/stormwater-permits/construction-sw. 15A NCAC 02H .0506(b)(5) and (c)(5)]
7. All work in or adjacent to stream waters 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 DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .0506(b)(3) and (c)(3)]
8. If concrete is used during the 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
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .02001
9. Temporary culverts required for this project shall be installed in such a manner that the
original stream profiles are not altered and to allow for aquatic life movement during low
flows. Existing stream dimensions (including the cross section dimensions, pattern and
longitudinal profile) must be maintained above and below locations of each culvert.
10. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including the stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the site shall be stabilized with natural woody vegetation (except approved maintenance
areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)]
11. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .0506(b)(2)
and (c)(2)]

Cedar Cliff Development Auxiliary Spillway Upgrade Project
DWR # 16-0742 reissuance
Individual Certification #4077
Page 6 of 7
12. Any riprap 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 riprap shall be buried and/or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of riprap
or other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)]
13. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, or stream flows and consist of clean rock or masonry material
free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure integrity of bank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
14. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
15. Mr. Jonathan Wise and Duke Energy Carolinas, LLC 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 and Federal law. [15A NCAC 02B .0200] 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.
Before modifying the Certification, the Division shall notify Mr. Jonathan Wise and Duke
Energy Carolinas, LLC and the U.S. Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in
accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to
Mr. Jonathan Wise and Duke Energy Carolinas, LLC in writing, shall be provided to the U.S.
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.
16. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the 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 or transferred, the new owner must be given a copy of
this Certification and is responsible for complying with all conditions. Any new owner must
notify the Division and request the Certification be issued in their name. [15A NCAC 02H
.0501 and .0502]

Cedar Cliff Development Auxiliary Spillway Upgrade Project
DWR# 16-0742 reissuance
Individual Certification #4077
Page 7 of 7
17. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
(available at: http://ncdenr.s3.amazonaws.com/s3fs-
public/Water%20QuaIity/Surface%20Water%20Protection/401/Certs%20and%20Permits/Cer
tificateofCompletion Feb2015.doc). [15A NCAC 02H .0502(f)]
18. This certification grants permission to the Director or an authorized representative of the
Director, upon the presentation of proper credentials, to enter the property during normal
business hours. 115A NCAC 02H .0502(e)]
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(d)(2) and 15A NCAC 02H .0506]
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 9th day of December, 2016
Karen Higgins, Superviis`o�
401 & Buffer Permitting Branch
KAH/sh
WQC004077