20080915 Ver 3_Approval Letter_20170227

�A/afer Resoui,ces
L NVI HDWIIN P A L QUAI_ I 1 Y
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ROY ( 0011FR
MICHALL S. R116AN
S. JAY /IN/1NILRAIAN
I
Alexander, Burke, Caldwell, Catawba, Gaston, Iredell,
Lincoln, McDowell and Mecklenburg Counties
Water Strategy, Hydro Licensing and Lake Services
Attn: Mr. Mark Oakley
526 S. Church Street / EC12Y
Charlotte, NC 28202
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions -
Modification
Catawba-Wateree Hydropower Project — FERC Project No. 2232
efelo is a cotT, 1-573767 issuea to Nuke Energy Carolinas, LLC, dat
February 27, 2017. This Certification replaces the Certification issued on November 14, 20M1
Please note that you should get any other federal, state or local permits before proceeding wi
the subject project, including those required by (but not limited to) Solid Waste, Sediment a
Erosion Control, Stormwater, Dam Safety, Non -discharge, and Water Supply Watersh
regulations, I
This Certification can be contested as provided in General Statute 1508 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 h!!2JLwww.ncoah.comJ 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 8:00arn and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy
the petition along with any applicable OAH filing fee is received by the OAH within five
business days following the faxed transmission.
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919-807-6300

Catawba-Wateree Hydropower Project
108-0915 v3
Individual Certification #3767
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
William F. Lane, General Co"unsel
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 wesection 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact me at 919-807-6360 or karell"l-hiffiL z L�q g' — Y
9-S, L 0 if You
have any questions or concerns.
Sincerely,
Karen Higgins, Supervi org'
401 & Buffer Permitting Branch
cc: Secretary Kimberly D. Bose, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, D.C. 20426
Rusty Wenerick, SC DHEC Bureau of Water (via email)
Fred Tarver, DWR — Basin Planning Branch (via email)
Corey Basinger, DWR Mooresville Regional Office (via email)
Kevin Barnett, DWR Asheville Regional Office (via email)
Chris Goudreau, North Carolina Wildlife Resources Commission (via email)
File Copy (Laserfiche)

Catawba Wateree Hydropower Project
DWR# 08-0915 v3
Individual Certification #3767
CERTIFICATION #3767 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, to Duke Energy Carolinas, LLC, to continue operation of hydropower dams at
Bridgewater Development, Rhodhiss Development, Oxford Development, Lookout Shoals
Development, Cowans Ford Development, Mountain Island Development and Wylie
Development, as described within your application received by the N.C. Division of Water
Resources (Division) on September 12, 2016, with additional information received September 19,
2016, October 27, 2016, January 12, 2017, and January 17, 2017, and by Public Notice issued on
November 13, 14, 16, and 18, 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:
No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary and/or incidental impacts) depicted in the
application. No removal of vegetation or other impacts of any kind shall occur to state
regulated riparian buffers beyond the footprint of impacts approved in a Buffer
Authorization or Variance or as listed as an exempt activity in the applicable riparian buffer
rules,
2. All activities shall be in compliance with any applicable State Regulated Riparian Buffer
Rules in Chapter 02 of Title 15A.
1 Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream of the above structures. All sediment and
;t,rosion control devices shall be removed and the natural grade restored within two (2)
-nonths of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project,

Catawba-Wateree Hydropower Proj-
it "•
DWR# 08-0915 v3
Individual Certification #3767
Page 4 of 6
4. The Applicant shall identify and report in writing existing and proposed consumptive water
uses to the Division, The Applicant shall report the existing or projected (as appropriate)
average consumptive water withdrawal and maximum capacity for each withdrawal, The
applicant shall report existing consumptive water uses to the Division within 60 calendar
days of the acceptance of the License and shall report proposed new or expanded
consumptive water uses to the Division within 30 calendar days of receiving a request for
the proposed new or expanded withdrawal and before submitting any requests to FERC.
5. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person
to interfere with the riparian rights, littoral rights, or water use rights of any other person
and this Certification does not create any prescriptive right or any right of priority regarding
any usage of water. This 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 Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity
of the withdrawal or the date on which the withdrawal was initiated or expanded, This
Certification is issued with the express understanding of DEQ that pursuant to the Federal
Power Act Section 27, 16 U.S.C, § 821, the License does not establish or determine a
proprietary right to any use of water. It establishes the nature of the use to which a
proprietary right may be put under the Federal Power Act.
6. Duke Energy Carolinas, LLC shall conduct its 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. 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 Duke Energy Carolinas, LLC and the Federal Energy Regulatory
Commission (FERC), 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 Duke Energy Carolinas, LLC in writing, shall be
provided to FERC for reference in any Permit or License issued by that agency, and shall also
become conditions of the FERC License for the project.
7. Compensatory mitigation shall be completed as outlined in the Catawba-Wateree
Comprehensive Relicensing Agreement, Rev. 1, dated December 22, 2006, modified by
Revision 2, effective August 6, 2016 (hereby known as the CRA), Subsection 4.5 and as
outlined below. The Division shall be copied on the property transfer, lease, and any
related conservation easements for the property outlined in the CRA.

Catawba -Wateree Hydropower Project
DWR# 08-0915 v3
Individuai Certification #3767
Page 5 of 6
S. The Catawba-Wateree CRA is hereby incorporated into this Certification by reference. if
Duke Energy Carolinas, LLC believes that any items of the CRA are not pertinent to water
quality, then they shall so notify the Division in writing within 90 calendar days for the
Division's written concurrence for each specific section or subsection. The Division shall
respond within 60 calendar days.
In particular, the following sections of the CRA are hereby incorporated by reference into
this Certification —
a. 2.0 Reservoir Elevation Agreements
b, 4.0 Habitat Flow Agreements (excluding subsections 4.6, 4.8 and 4.9)
c. 6.0 Low Inflow Protocol Agreements
d. 7.0 Maintenance and Emergency Protocol Agreements
e. 13.0 Water Quality Agreements
f, 15,0 Gauging and Monitoring Agreements, Sections 15.1 through 15.5
g. Appendix A: Proposed License Articles Sections A-1.0, A-3.0, A-4.0, A-5.0 and A-6.0
h. Appendix A: Proposed License Articles Section A-2.0 for Minimum Flows, Wylie High
Inflow Protocol, Flows Supporting Public Water Supply and Industrial Processes, and
Flow and Water Quality Implementation Plan,
i. Appendix C: Low Inflow Protocol (LIP) for the Catawba-Wateree Project
j. Appendix D: Maintenance and Emergency Protocol (MEP) for the Catawba-Wateree
Project
k. Appendix F: Water Quality Monitoring Plan
I. Appendix L: Flow and Water Quality Implementation Plan
As noted above, other sections of the CRA are also incorporated unless Duke Energy
r-,2rn" as. LLC sotifies Vie Vivisi*-tn(ti
section or subsection.
The Division shall be notified in writing within five (5) days of any deviations to the CRA —
proposed flow rates and lake level fluctuations. Decreased flow shall be restored as soon as
practical to the written satisfaction of the Division.
10, 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 mulst notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property or project is sold or transferred, the new Licensee must be
given a copy of this Certification and is responsible for complying with all conditions. Any new
Licensee must notify the Division and request the Certification be issued in their name.

II
DWR# 08-0915 v3
Individual Certification #3767
Page 6 of 6
11. All mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of waters from fuels, lubricants, hydraulic
fluids or other potential toxic chemicals.
12. In accordance with 143-215.85(b), the applicant 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.
13. If an environmental document is required under the State Environmental Policy Act (SEPA),
then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or
Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental
document is required under the National Environmental Policy Act (NEPA), then this
General Certification is not valid until the Final Environmental Assessment or Environmental
M I Wq 103 M IT -3 MT -4 U! M
14. This Certification does not relieve the applicant of the responsibility to obtain all oth
required Federal, State, or Local approvals. I
15. This certification grants permission to the Director of the Division, or an authorized
representative of the Director, upon the presentation of proper credentials, to enter the
property during normal business hours. Such entry shall be in a manner commensurate
with the Licensee's established safety and security practices.
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 License.
this Certification and may also result in criminal and/or civil penalties.
This the 271' day of February, 2017
th
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
MM