20160742 Ver 1_USACE Permit_20170327

• DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
_ 151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
March 22, 2017
Regulatory Division
Action ID: SAW -2015-02543
Mr. Jonathan Wise
Duke Energy Incorporated
400 South Tryon Street
Mail Code ST28U
Charlotte, North Carolina 28285-1900
Dear Mr. Wise:
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In accordance with your written request of July 26, 2016 and the ensuing administrative
record, enclosed are two copies of a permit to place fill in 1 10 liner feet of stream channel and
61.13 acres of open waters, resulting in impacts to waters of the U.S., for the Cedar Cliff
Auxiliary Spillway Upgrades Project. The above noted impacts are 110 linear feet of temporary
stream impacts associated with temporary stream crossings; 0.5 acres of temporary open water
impacts associated with a barge loading/staging area; 9.6 acres of permanent open water impacts
associated with disposal of rock spoil; 50.8 acres of temporary open water impacts associated
with dewatering of the reservoir; 0.01 acres of permanent open water impacts associated with
construction of a submerged weir/rock vane; and 0.22 acres of permanent open water impacts
associated with construction of a haul/access road.
You should acknowledge that you accept the terms and conditions of the enclosed permit by
signing and dating each copy in the spaces provided ("Permittee" on page 3). Your signature, as
permittee, indicates that, as consideration for the issuance of this permit, you voluntarily accept
and agree to comply with all of the terms and conditions of this permit. All pages of both copies
of the signed permit with drawings should then be returned to this office for final authorization.
A self-addressed envelope is enclosed for your convenience.
Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A $10 fee will
be charged for permit applications when the work is noncommercial in nature and provides
personal benefits that have no connection with a commercial enterprise... ", and "A fee of $100
will be charged for permit applications when the planned or ultimate purpose of the project is
commercial or industrial in nature and is in support of operations that charge for the production,
distribution, or sale of goods or services." As your application fits the latter category, you are
requested to remit your check for $100, made payable to the Finance and Accounting Officer,
USAED, Wilmington. The check should accompany the signed and dated copies of your permit.

cc (with enclosures):
Mr. Bryan Thompkins
U.S. Fish and Wildlife Services
160 Zillicoa Street
Asheville, North Carolina, 28801
V/Ms. Karen Higgins
NCDEQ-DWR
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
Mr. Zan Price
NCDEQ-DWR
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
Ms. Renee Gledhill -Early
NCDNCR-SHPO
4617 Mail Service Center
Raleigh, North Carolina 27699-4617
Ms. Andrea Leslie
N.C. Wildlife Resources Commission
20830 Great Smoky Mountain Expressway
Waynesville, North Carolina 28786
Mr. Eric Mularski
HDR, Inc.
440 S. Church Street, Suite 900
Charlotte, North Carolina 28202

Permittee DUKE ENERGY INCORPORATED
Permit No, SAW -2015-02543
Issuing Office CESAW-RG-A
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below
Project Description:
To place fill in 110 liner feet of stream channel and 61.13 acres of open waters, resulting in
impacts to waters of the U.S., for the Cedar Cliff Auxiliary Spillway Upgrades Project. The above
noted impacts are 110 linear feet of temporary stream impacts associated with temporary stream
crossings; 0.5 acres of temporary open water impacts associated with a barge loading/staging
area; 9.6 acres of permanent open water impacts associated with disposal of rock spoil; 50.8
acres of temporary open water impacts associated with dewatering of the reservoir; 0.01 acres of
permanent open water impacts associated with construction of a submerged weir/rock vane; and
0.22 acres of permanent open water impacts associated with construction of a haul/access road.
Project Location:
In Tuckasegee, Jackson County, North Carolina
Permit Conditions:
General Conditions:
L The time limit for completing the work authorized ends on December 31, 2012. If you find that you need more time to
complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this
permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
ENG FORM 1721 Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
(DA TE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
(DISTRICT COMMANDER) KEVIN P. LANDERS, SR.
COLONEL, U.S. ARMY
DISTRICT COMMANDER
(DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TR 4,NSI%EREE)
(DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

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Applicant: Duke Energy Incorporated
File Number:
Date:
Attn: Jonathan Wise
SAW -2015-02543
March 22, 2017
Attached is:
See Section below
MI INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑ PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑ PERMIT DENIAL
C
❑ APPROVED JURISDICTIONAL DETERMINATION
D
❑ PRELIMINARY JURISDICTIONAL DETERMINATION E
SEGTIUN I -The following identifies your rights and otions,regarding an administrative appeal of the above decision.
Additional information maybe found at �U-//www.usace.army.iriii/in6t/fulictions/"`Cw/cecwo/red or
T
Co s regulations at 33 CFR Part 33 I'.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
® ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terns and conditions, and approved jurisdictional determinations associated with the
permit.
® OBJECT: If you object to the pen -nit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
® ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
® APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terns and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section lI of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL, DETERMINATION: You may accept or appeal the approved JD or provide new
information.
® ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
® APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary 1D. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT'
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered pen -nit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
P31 OF Ct?N'I7T FOR QTIESTI©NS OR INFQRMA710N:`
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
District Engineer, Wilmington Regulatory Division,
CESAD-PDO
Attn: Mr. David Brown
U.S. Army Corps of Engineers, South Atlantic Division
USACE
60 Forsyth Street, Room 1OM15
151 Patton Avenue, Room 208
Atlanta, Georgia 30303-8801
Asheville, NC 28801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Mr. David Brown, 69 Darlington Avenue,
Wilmington, North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia
30303-8801
Phone: [phone]

WORK LIMITS
1.0 CONSTRUCTION PLANS: All work authorized by this permit must be performed in
strict compliance with the attached plans, which are a part of this permit. Any
modification to these plans which alters the authorized impacts to waters of the U.S.
must be approved by the US Army Corps of Engineers (USACE) prior to
implementation.
2.0 UNAUTHORIZED DREDGE OR FILL: Except as authorized by this permit or any
USACE approved modification to this permit, no excavation, fill or mechanized land -
clearing activities shall take place at any time in the construction or maintenance of this
project, within waters or wetlands. This permit does not authorize temporary placement
or double handling of excavated or fill material within waters or wetlands outside the
permitted area. This prohibition applies to all borrow and fill activities connected with
this project.
3.0 MAINTAIN CIRCULATION AND FLOW OF WATERS: Except as specified in the
plans attached to this permit, no excavation, fill or mechanized land -clearing activities
shall take place at any time in the construction or maintenance of this project, in such a
manner as to impair normal flows and circulation patterns within waters or wetlands or
to reduce the reach of waters or wetlands.
4.0 DEVIATION FROM PERMITTED PLANS: The permittee shall ensure that the
construction design plans for this project do not deviate from the permit plans attached
to this authorization. Written verification shall be provided that the final construction
drawings comply with the attached permit drawings prior to any active construction in
waters of the U.S., including wetlands. Any deviation in the construction design plans
will be brought to the attention of the Corps of Engineers, Mr. David Brown, Asheville
Regulatory Field Office prior to any active construction in waters or wetlands.
5.0 PRECONSTRUCTION MEETING: The Permittee shall schedule an onsite
preconstruction meeting between its representatives, the contractor's representatives
and the appropriate Corps of Engineers Project Manager prior to undertaking any work
within jurisdictional waters and wetlands to ensure that there is a mutual understanding
of all terms and conditions contained within the Department of the Army permit. The
Permittee shall notify the Corps of Engineers Project Manager a minimum of thirty (30)
days in advance of the scheduled meeting in order to provide that individual with ample
opportunity to schedule and participate in the required meeting.

RELATED LAWS
6.0 WATER CONTAMINATION: All mechanized equipment will be regularly inspected
and maintained to prevent contamination of waters and wetlands from fuels, lubricants,
hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or
any other hazardous waste, the permittee shall immediately report it to the N.C. Division
of Water Resources at [phone] or [phone] and provisions of the North
Carolina Oil Pollution and Hazardous Substances Control Act will be followed.
CULTURAL RESOURCES
7.0 Per comments (see attached letter) from N.C. Department of Natural and Cultural
Resources, State Historic Preservation Office (NCDNR-SHPO), the Permittee shall
thoroughly photo -document the current condition of the Cedar Cliff dam and its
surroundings before improvements to the dam are initiated. This documentation shall
follow the agency's guidelines and be submitted to NCDNR-SHPO within 90 -days after
start of on-site activities.
PROJECT MAINTENANCE
8.0 NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND COMPLETION:
The permittee shall advise the Corps in writing prior to beginning the work authorized by
this permit and again upon completion of the work authorized by this permit.
9.0 CLEAN FILL: Unless otherwise authorized by this permit, all fill material placed in
waters or wetlands shall be generated from an upland source and will be clean and free
of any pollutants except in trace quantities. Metal products, organic materials (including
debris from land clearing activities), or unsightly debris will not be used. Soils used for
fill shall not be contaminated with any toxic substance in concentrations governed by
Section 307 of the Clean Water Act.
10.0 PERMIT DISTRIBUTION: The permittee shall require its contractors and/or agents
to comply with the terms and conditions of this permit 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
permit. A copy of this permit, including all conditions, shall be available at the project
site during construction and maintenance of this project.
11.0 SILT -FENCING: The permittee shall employ all sedimentation and erosion control
measures necessary to prevent an increase in sedimentation or turbidity within waters
and wetlands outside the permit area. This shall include, but is not limited to, the
immediate installation of silt fencing or similar appropriate devices around all areas
subject to soil disturbance or the movement of earthen fill, and the immediate
stabilization of all disturbed areas. Additionally, the project must remain in full
compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).

12.0 PERMIT REVOCATION: The permittee, upon receipt of a notice of revocation of
this permit or upon its expiration before completion of the work will, without expense to
the United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the water or wetland to its pre -project
condition.
13.0 EROSION CONTROL MEASURES IN WETLANDS: The permittee shall remove all
sediment and erosion control measures placed in wetlands or waters, and shall restore
natural grades in those areas, prior to project completion.
ENFORCEMENT
14.0 REPORTING ADDRESS: All reports, documentation and correspondence required
by the conditions of this permit shall be submitted to the following address: U.S. Army
Corps of Engineers, Regulatory Division, Asheville Regulatory Field Office, c/o
Mr. David Brown, 151 Patton Avenue, Room 208, Asheville, NC 28801-5006 and by
telephone at: 828-271-7980. The Permittee shall reference the following permit number,
SAW -2013-01159, on all submittals.
15.0 REPORTING VIOLATIONS OF THE CLEAN WATER ACT AND RIVERS AND
HARBORS ACT: Violation of these conditions or violation of Section 404 of the Clean
Water Act of Section 10 of the Rivers and Harbors Act must be reported in writing to
U.S. Army Corps of Engineers, Regulatory Division, Asheville Regulatory Field Office,
c/o Mr. David Brown, 151 Patton Avenue, Room 208, Asheville, NC 28801-5006 and by
telephone at: 828-271-7980, within 24 hours of the permittee's discovery of the
violation.
16.0 COMPLIANCE INSPECTION: A representative of the Corps of Engineers will
periodically and randomly inspect the work for compliance with these conditions.
Deviations from these procedures may result in an administrative financial penalty
and/or directive to cease work until the problem is resolved to the satisfaction of the
Corps.
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17.0 PROHIBITIONS ON CONCRETE: The permittee shall take measures to prevent
live or fresh concrete, including bags of uncured concrete, from coming into contact with
any water in or entering into waters of the United States. Water inside coffer dams or
casings that has been in contact with concrete shall only be returned to waters of the
United States when it no longer poses a threat to aquatic organisms (concrete is set
and cured).
3

CULVERTS
18.0 INSTALLATION OF CULVERTS: For construction of culverts, measures will be
included in the construction that will promote the safe passage of fish and other aquatic
organisms. For all culvert construction activities, the dimension, pattern, and profile of
the stream, (above and below a pipe or culvert), should not be modified by widening the
stream channel or by reducing the depth of the stream. Culvert inverts will be buried at
least one foot below the bed of the stream for culverts greater than 48 inches in
diameter. For culverts 48 inches in diameter or smaller, culverts must be buried below
the bed of the stream to a depth equal to or greater than 20 percent of the diameter of
the culvert.
ESA
19.0 THREATENED AND ENDANGERED SPECIES: All necessary precautions and
measures will be implemented so that any activity will not kill, injure, capture, harass, or
otherwise harm any protected federally listed species. While accomplishing the
authorized work, if the permittee discovers or observes a damaged or hurt listed
endangered or threatened species, the District Engineer will be immediately notified to
initiate the required Federal coordination.
Per comments (see attached letter) from U.S. Fish and Wildlife Service (USFWS), the
permittee shall implement the following measures to avoid impacts to Indiana Bat
(Myotis sodalis) and Northern Long-eared Bat (Myotis septentrionalis):
1. Trees within the 3 -acre blasting and clearing area will be cut during the winter
(October 15 -April 15) to avoid impacts to avoid the maternity roost period for
Indiana Bat and Northern Long -Eared Bat.
2. If any random trees must be cut during the summer roost period, USFWS will be
notified (Mr. Bryan Thompkins, 828-258-3939, ext. 240) and an experienced
biologist will conduct an on-site habitat assessment to determine if trees are
suitable maternity roost trees. If the tree(s) to be cut are suitable roost trees, an
emergence survey will be conducted before tree removal.
3. All potential suitable roost trees identified adjacent to the project area will be
marked and protected during clearing activities.
4. If emergence surveys are conducted before the removal of random tree(s) during
the summer maternity roost period and the emergence surveys indicate bats are
observed using the tree(s) to be removed, the permittee shall contact USFWS
(Mr. Bryan Thompkins, 828-258-3939,etx. 240) to establish a plan for proceeding
before the tree(s) is removed.
M

LOW ■
20.0 TURBIDITY BARRIERS: Prior to the initiation of any of the work authorized by this
permit the Permittee shall install floating turbidity barriers with weighted skirts that
extend to within 1 foot of the bottom around all work areas that are in, or adjacent to,
surface waters. The turbidity barriers shall remain in place and be maintained until the
authorized work has been completed and all erodible materials have been stabilized.
21.0 AS -BUILT CONSTRUCTION PLANS: Upon completion of each construction
phase, the permittee shall submit to the Corps as -built plans for those portions that
affect waters of the U.S., within 4 months following the completion of construction. The
as -built plans shall include, but not necessarily be limited to, grading, structures and
activities in or affecting wetlands and waters of the U.S.
UTILITY LINES
22.0 Prior to construction within any jurisdictional areas, the permittee must correctly
install silt fencing (with or without safety fencing) parallel with the utility line corridor, on
both sides of the jurisdictional crossing. This barrier is to serve both as an erosion
control measure and a visual identifier of the limits of construction within any
jurisdictional area. The permittee must maintain the fencing, at minimum, until the
wetlands have re -vegetated and stabilized.
5

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ENVIRONMENTAL QUALITY
Duke Energy Carolinas, LLC
Attn: Mr. Jonathan Wise
4OOS.Church St
Charlotte N[382UJ
yATMCCD0RY
Governor
DONALD R.VAN DER VAAKT
Secretfi
S. JAY ZlK8MSRMAN
Director
DWR#2O16-D742neissuance
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 6'2O1S. This Certification replaces the
Certification issued onNovember 10, 2016toaccount 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 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days,
Apetition form may beobtained from the OAHat orbycalling the
OAHClerk's Office at/919\431-30O0for information. Apetition isconsidered 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 befaxed tothe OAHat(918)431,31DO,provided the original and one copy uf
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
sutemw^rtlic"miria | Environmental Quality | Water Resources
uz/Mail service Center |RamiguNorth Carolina 27699-1617
p/*80r63^o
'

Mailing address for the OAH:
If sending via US Postal Service
Office ofAdministrative Hearings
67l4Mail Service Center
Raleigh, NC 27699-6714
Cedar Cliff Development Aux|iarySpillway Upgrade PrNec
DvVR#16'O74leieuance
Individual Certification #4077
Page 2 of 7
If sending via delivery service (UPI
FedEx,, etc):
Office ofAdministrative Hearings
I711New Hope Church Road
Raleigh, N[276O9-6285
One (1) copy of the petition must also be served to DEQ:
Sam Hayes, General Counsel
Department ofEnvironmental Quality
16O1Mail Service Center
Raleigh, NC27698-16OI
17! mmmzzc�=
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A N[A[02H .0500. Contact Sue Homewood at 336-776-9693 or
|fyou have any questions orconcerns.
�
Karen Higgins, Supeor flo
4O1&Buffer Permitting Branch
cc: Mr. Eric &8u|arskiHDR 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
DVVRVVSRO401file
File Copy (Laserfiche)
Filename: 160742ceuarCVffSpi|kwavUacksvnL401Jc_reioue

Cedar Cliff Development Auxiliary Spillway Upgrade Project
ovvR#15'O742reissuance
Individual Certification #4O77
Page 3 of 7
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
15ANCA[O2H.O5UD,toMr. 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 bythe Division onAugust 12,2O16.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 3019O2,3O3,SU6,]O7ofthe Public Laws 92-5OOand PL95'217ifconducted /n
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
The following impacts are hereby approved provided that all of the other specific and
general conditions Ofthe Certification are met. Noother 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)
access connector rd
]. The NCWildlife Resource Commission (N shall beconsulted todetermine 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 tosubmittal toFERC.

Cedar Cliff Development Auxiliary Spillway Upgrade Project
oVVR#l6-O742neissuanoe
Individual Certification #4077
Page 4of7
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 areincorporatedbyreferenceand»ra
enforceable parts ofthis permit, [15ANCA[O2H.O5O1and .O5O2]
5. The Permittee shall secure approval of an Erosion and Sediment Control Plan prior to
commencing drawdown ofthe water level inthe 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 ofthe date that the Division ofEnergy, Mineral and Land
Resources (DEMLR)has released the specific area within the project, [15AN[ACO2H.0501
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. |fapplicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [I5AN[ACD2H.0SO6(b)(3) and /c\(3)1:
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 /spoii\projects, indudingcuntractor-ovvnedor|easedborrovvpits
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 4ctof1971.
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
DVYR#I6-074Zneisauaoce
Individual Certification #4077
Page Suf7
6. An 0PDE3Construction StorrnvvaterPermit is required for construction projects that disturb
one (1) or more acres of land. This Permit a|/VvvS stornnvvaterto be discharged during land
disturbing construction activities asstipulated inthe conditions ofthe 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 isrequired. Acopy ofthe general permit
(NCG010000), inspection log sheets, and other information may be found at:
p errn its/sto rm water- perm its/con struction-sw. 15A NCAC 02H .0506(b)(5) and (c)(5)]
l All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come incontact 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
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 tothe potential for elevated pHand possible aquatic life/fish kills, [15AN[ACO2B.0200]
9. Temporary culverts required for this project shaDbeinstaUedinsuchamoannerthatthe
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 soasnot torestrict stream flow orcause dis-equiUbriunn. [15ANCA[02H.0506/bU2\

Cedar Cliff Development Auxiliary Spillway Upgrade Project
DYvR#l6+]742nei/zuance
Individual Certification #4077
Page 6of7
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 riprapshall beburied and/or "keyed in" such that the original
stream elevation and streanobankcontours are restored and maintained, Placement ofriprap
or other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area. [15AN{AC 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 m{debris ortoxic pollutants. Riprapshall not beinstalled |nthe streannbedexcept 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 ofState and Federal law. [15AN[A[028.02[0] 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 15ANCACO2H.U5O4. Any new orrevised conditions shall beprovided 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 ofthe 404Permit for the project.
15.This approval isfor the purpose and design described inyour application and asdescribed in
the Public Notice. The plans and specifications for this project aneinozrporatedbyreference
and are anenforceable part ofthe Certification. |fyou 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. [15ANCACO2H
.0SO1and .O5O2]

Cedar Cliff Development Auxiliary Spillway Upgrade Project
DVYR#l6{742eissuanne
Individual Certification #4O77
Page 7of7
17. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form tothe DVVR401&Buffer Permitting Unit within ten days ofproject cormp|e1ion
(available at: http:Z/ncdenr.s3.amazonaws.com/````s3fs-
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. [15A 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 ofthe
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
�axj_,VAJ dj_
-
Karen Higgins, Superviso�� )
4Ol&Buffer Permitting Branch

FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
August 19, 2016
Mr. David Brown
Asheville Regulatory Field Office
U.S. Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Dear Mr. Brown:
1=13111ra
This is the report of the U.S. Fish and Wildlife Service and the Department of the Interior on the
U.S. Army Corps of Engineers' (Corps) Public Notice (PN) of an Individual Permit Application
(IPA) submitted by Mr. Jonathan Ray of Duke Energy Carolinas, LLC (Duke Energy), represented
by Mr. Eric Mularski of HDR Engineering, Inc., to impact about 110 linear feet of stream impacts,
51.3 -acres of temporary open water impacts, and 9.61 -acres of permanent open water impacts within
the East Fork Hydroelectric Project Area, in Jackson County, North Carolina. Information for this
report is based on multiple site visits conducted by staff of this office with representatives from Duke
Energy and HDR, and a review of the PN issued by the Corps. The report is submitted in accordance
with the provisions of the National Environmental Policy Act; Fish and Wildlife Coordination Act, as
amended (16 U.S.C. 661-667e); and section 7 of the Endangered Species Act of 1973, as amended
(16 U.S.C. 1531-1543) (Act).
According to the information presented, the proposed project consists of modifying the existing
Cedar Cliff dam auxiliary spillway and main dam berm to safely pass the calculated Probable
Maximum Flood (PMF), which is defined as the Inflow Design Flood (IDF), without overtopping the
Cedar Cliff dam. The PMF peak inflow of the Cedar Cliff project is about 192,000 cfs, which was
approved by FERC on June 22, 1994. Based on this and engineering calculations, the auxiliary
spillway is incapable of passing the PMF and needs to be increased by about 112,000 cfs to prevent
overtopping the dam. The FERC identified the IDF as the PMF in correspondence to Duke Energy
dated April 24, 2014, and requested that the project be modified to safely pass all flows up to and
including the IDF. To meet this objective, Duke Energy is proposing to completely demolish the two
existing fuse plug chambers and single concrete splitter wall within the existing auxiliary spillway.
The existing auxiliary spillway channel will be widened by about 50 feet. To complete the widening
of the existing spillway, the existing rock wall along the spillway must be excavated and about
316,000 cubic yards of material will need to be removed. Duke Energy is proposing to dispose of
about 25,000 cubic yards of excavated rock material by placing it on the downstream face of the rock
fill dam. The remaining excavated material will be loaded onto barges and deposited into the Cedar

Cliff impoundment. Upon completion of the excavation, an 11 -feet high concrete parapet wall will
be constructed along the crest of the dam and six cast -in-place Hydroplus Fusegates will be
constructed in the control section of the spillway. Temporary impacts associated with the project
consist of constructing a culvert crossing of the East Fork bypass reach immediately downstream of
the Cedar Cliff dam. Three corrugated metal pipes (110 -feet long by 12 -feet in diameter) will be
placed in the East Fork bypass reach for this crossing. The culverts will be removed when
construction is completed.
Endangered Species. On March 23, 2016, Mr. Bryan "Tompkins and Ms. Susan Cameron of this
office met with representatives from Duke Energy and HDR, Inc. at the project site to determine if
suitable habitat existed within the project area for Northern Long -Eared Bat (Myotis septentrionalis)
and/or Indiana Bat (Myotis sodalis). Northern Long -Eared Bat is currently federally listed as a
threatened species; and Indiana Bat is currently federally listed as an endangered species. No known
hibernacula for these species occurs within '/4 mile of the project area and no known maternity roosts
occur within 150 -feet of the project area. However, suitable maternity roosting habitat was found to
occur along the bluff adjacent to the auxiliary spillway. For this reason, Mr. Tompkins and Ms.
Cameron made recommendations to Duke Energy for summer acoustic surveys to be conducted,
within the 3 -acre blasting and clearing area of the project, to determine presence/absence of these
species. A survey plan was established and approved by this office and surveys were conducted at
two sites within the project area from May 16 — May 18, 2016. The final report of the findings from
the survey was submitted to this office on June 13, 2016. According to the report, five hndiana Bat
and eight Northern Long -Eared Bat call files were identified. Upon review, Mr. Tompkins informed
Mr. Mulalskl that the survey results indicated that both species (Indiana Bat and Northern Long -
Eared Bat) were present within the project area. Because the survey results indicated potential
presence, Duke Energy has proposed the following measures to be implemented into the project
plans to avoid impacts to Indiana Bat and Northern Long -Eared Bat:
1. Trees within the 3 -acre blasting and clearing area will be cut during the winter (October 15 -
April 15) to avoid impacts to avoid the maternity roost period for Indiana Bat and Northern Long -
Eared Bat.
2. If any random trees must be cut during the summer roost period, this office will be notified and
an experienced biologist will conduct an on-site habitat assessment to determine if trees are
suitable maternity roost trees. If the tree(s) to be cut are suitable roost trees, an emergence survey
will be conducted before tree removal.
3. A1l potential suitable roost trees identified adjacent to the project area will be marked and
protected during clearing activities.
We appreciate the proposal to implement the conservation measures to avoid impacts to Indiana Bat
and Northern Long -Eared Bat. However, we believe an additional measure is necessary if
emergence surveys are conducted before the removal of random tree(s) during the summer maternity
roost period. If emergence surveys are conducted, and bats are observed using the tree(s) to be
removed, we recommend that this office be contacted to establish a plan for proceeding before the
tree(s) is removed. If the above stated measures are implemented into the project plans (including
our additional recommendation), we could concur with a "may affect, not likely to adversely affect"
determination for Indiana Bat and Northern Long -Eared Bat; and the consultation requirements under
section 7 of the Act have been fulfilled.

For all other federally listed species known to occur in Jackson County, we concur with the "no
effect" determination issued by Duke Energy and HDR, Inc. Therefore, we believe the requirements
under section 7 of the Act are fulfilled. However, obligations under section 7 of the Act must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect listed
species or critical habitat in a manner not previously considered, (2) this action is subsequently
modified in a manner that was not considered in this review, or (3) a new species is listed or critical
habitat is determined that may be affected by the identified action.
Erosion Control. The PN included a statement that erosion control would be addressed as
established in the Shoreline Management Plan for the project. We are not aware of any specific
information in the Shoreline Management Plan concerning erosion control measures for a reservoir
drawdown of the magnitude necessary for the proposed project. We recommend that Duke Energy
develop a plan to monitor and mitigate for erosion along the exposed reservoir banks. After rain
events, areas near storm water outfall pipes or culverts that release high velocity discharges onto
exposed banks should be inspected for erosive reels or mass wasting. The plan should include
measures that will be implemented should erosive/mass wasting areas be found that are contributing
sediment to the river channel. We recommend the use of straw bales or other devices at problem
sites to decrease velocity of water, decrease erosion, and minimize the amount of sediment released.
Any problem areas should be documented. Information on documented problem areas should be
maintained to focus efforts on erosion control during any future drawdowns.
Reservoir Drawdown. The PN indicated that the water level in the reservoir will be drawn down
about 30 feet for a duration of 14 to 16 months to facilitate construction of the spillway
modifications. The PN did not include a drawdown schedule for the project. To ensure that aquatic
resources within the reservoir are not adversely affected by the drawdown of the reservoir, we
recommend that Duke Energy consult and reach agreement with the USFWS, other natural resource
agencies, and regulatory agencies concerning any reasonable and necessary measures to minimize the
impacts of the drawdown.
We appreciate the opportunity to provide these comments. If we can be of assistance or if you have
any questions, please do not hesitate to contact Mr. Bryan Tompkins of our staff at 828/258-3939,
Ext. 240. In any future correspondence concerning this project, please reference our Log Number
4-2-16-547.
Sincerely,
- - olliginal signed - -
Janet Mizzi
Field Supervisor
E -Copy: Mr. Eric Mularski, HDR, Inc.
Mr. Steve Johnson, Duke Energy Carolinas, LLC

STA7p q„
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Pat McCrory
Secretary Susan Kluttz
August 30, 2016
Office of Archives and History
Deputy Secretary Kevin Cherry
Christy Churchill Christy. ChurchiII(a�duke-energy.corn
Duke Energy
550 South Tryon Street
Charlotte, NC 28202
Re: Cedar Cliff Development Auxiliary Spillway Upgrade Project, East Fork Hydroelectric Project,
FERC 2698-033, Jackson County, ER 16-1388
Dear Ms. Churchill:
Thank you for your letter of August 5, 2016, regarding the above -referenced undertaking. We have
reviewed the materials submitted and offer the following comments.
Based on our knowledge of the area, it is unlikely that any archaeological resources that may be eligible for
inclusion in the National Register of Historic Places will be adversely affected by the project.
The East Fork Hydroelectric Project is eligible for listing in the National Register of Historic Places
(NRHP) under Criterion A for `Engineering." However, when the East Fork Hydroelectric Project was
evaluated in 2014, the Cedar Cliff Development (JK0729), was determined to be a non-contributing
element of the historic property. Therefore, proposed improvements to the Cedar Cliff Development dam
will not diminish the integrity for which the East Fork Hydroelectric Project is considered to be historic.
Before improvements to the dam at Cedar Cliff are initiated, we request photographs thoroughly
documenting the current condition of the dam and its surroundings. Please refer to our guidelines for labeling
and submitting digital images at http://www.hpo.ncdcr.gov/digitaVNCHPO Digital Photo Policy.html.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
environmental.review(c ncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ef,/Ramona M. Bartos
cc: John Eddy, John.Eddv(Tduke-energy.com
Jon Wise, Jon.Wise(a�duke-energy.com
Tim Banta, Tim.Banta(andrinc.com
David Brown, ACOS