20190425 Ver 1_Approval Letter_20190527

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Mr. Jason Brown
Duke Energy Co.
4720 Piedmont Row Dr.
Charlotte, NC 28233
NORTH CAROLINA
Environmental Quality
May 28, 2019
DWR# 19-0425
Catawba County
Subject: APPROVAL (corrected) of 401 Water Quality Certification and Catawba Riparian
Buffer Authorization with Additional Conditions, Line 451, Duke Power
Dear Mr. Brown:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated March 8, 2019, and
received by the Division of Water Resources (the Division) on April 3, 2019, and subsequent
information on May 20, 2019. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 4133 which can be viewed on
our web site at https://deg.nc.gov/about/divisions/water-resources/water-resources-
Perm its/wastewater-branch/401 -wetlands-buffer-permits/401-401 -isolated-wetlands-waters-
program The General Certification allows you to use Nationwide Permit Number 12 once it is
issued to you by the U.S. Army Corps of Engineers (COE). Please note that you should get any
other federal, state or local permits before proceeding with your project, including those required
by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the
Certification are reviewed prior to initiation of the project. In addition to the requirements of the
Certification, you must also comply with the following conditions:
This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new Certification. If total wetland fills for this
project (now or in the future) exceed one acre, or of total impacts to streams (now or in
the future) exceed 300 linear feet, compensatory mitigation may be required. Additional
buffer impacts may require compensatory mitigation as described in 15A NCAC .0244(9)
for Catawba. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all
conditions. 15A NCAC 02H .0506 and 15A NCAC 02B .0243(8), 15A NCAC 02H .0507
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)
NORTH CAROLINA �
D E QNorth Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
o.namremor �w.c�giuuei� /`� 704.663.1699

3. Approved Impacts:
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
995 linear ft.
167 linear ft.
Wetland
.62 acre
1.04 acre
Buffer
3,600 Zone 1
2,400 Zone 2
4. Diversion Ditches and other storm water conveyances as related to the sediment and
erosion control measures shall be matted and/or stabilized to reduce sediment loss and
turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506
(b)(3) and (c)(3)
5. Impacts to stream banks within the easement/ROW shall be minimized to the area
required for crossing the channel. The channel shall be restored if no permanent culvert is
proposed/planned. 15A NCAC 02H .0500
6. Temporary impacts to wetland and stream shall be restored to pre-existing conditions.
7. Use of native vegetation and other soft stream bank stabilization techniques is
recommended where practicable instead of riprap or other bank hardening methods. If
riprap is necessary, it shall not be placed in the streambed, unless approved by DWR
8. Mitigation [15A NCAC 02H .0500(h)] must be provided for the proposed impacts as
specified in the table below. The Division has received notification/acceptance from the
Division of Mitigation Services (DMS) to meet this mitigation requirement. Until the DMS
receives and clears your payment, and proof of payment has been provided to this Office,
no impacts specified in this Authorization Certificate shall occur. For accounting purposes,
this Certification authorizes payment to meet the following compensatory mitigation
requirement:
9. Mitigation Credit: Approval of the restoration plan and issuance of the 401 Water Quality
Certification means that DWR has determined that the proposed activity will not remove
or degrade significant existing uses of the surface water . The issuance does not
represent an approval of credit yield for the project. (15A NCAC 2H .0506(a))
10. During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3)
11. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this Certification. 15A NCAC 02H.0506(b)(3)
Compensatory Mitigation
River and Sub -basin Number
Required
Stream
0 (feet)
Catawba (03050101)
1:1 ratio
Wetlands
1.05 (acres)
Catawba (03050101)
1:1 ratio
Buffer
3,600 sq ft (Zone 1)
Catawba (03050101)
2,400 sq ft (Zone 2)
9. Mitigation Credit: Approval of the restoration plan and issuance of the 401 Water Quality
Certification means that DWR has determined that the proposed activity will not remove
or degrade significant existing uses of the surface water . The issuance does not
represent an approval of credit yield for the project. (15A NCAC 2H .0506(a))
10. During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3)
11. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this Certification. 15A NCAC 02H.0506(b)(3)

12. Immediately upon completion of the installation of a culvert or removal of a flow restricting
device, water flow shall be returned to its natural course. Existing stream dimensions
(including the cross section dimensions, pattern, and longitudinal profile) must be
maintained (or restored via constructed benches) above and below locations of each
culvert. If any of the existing pipes are or become perched, the appropriate stream grade
shall be re-established or, if the pipes installed in a perched manner, the pipes shall be
removed and re -installed correctly. 15A NCAC 02H.0506(b)(2)
13. The permittee shall report to the Mooresville Regional Office any noncompliance with
this certification, any violation of stream or wetland standards [including but not limited to
sediment impacts, and any violation of state regulated riparian buffer rules. Information
shall be provided orally within 24 hours (or the next business day if a weekend or
holiday) from the time the applicant became aware of the circumstances. A written
submission shall also be provided within 5 business days of the time the applicant
becomes aware of the circumstances. The written submission shall contain a description
of the noncompliance, and its causes; the period of noncompliance, including exact
dates and times, if the noncompliance has not been corrected, the anticipated time
compliance is expected to continue; and steps taken or planned to reduce, eliminate,
and prevent reoccurrence of the noncompliance. The Division may waive the written
submission requirement on a case-by-case basis. 15A NCAC 02B .0200
14. The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC
02H .0506 (b)(2) and (c)(2)
15. Upon completion of the project, the applicant shall complete and return a "Certificate of
Completion" form to the 401 /Wetlands Branch of the Division using the following link:
https:Hedocs.deq.nc.gov/Forms/Certificate-of-Completion. 15A NCAC 02H .0507(c)
This Certification and Catawba Buffer Rule can be contested as provided in Articles 3
and 4 of the General Statute 150B by filing a written petition for an administrative hearing to the
Office of the Administrative Hearings (hereby known as OAH). A petition form may be obtained
from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at [phone].
Within sixty (60) calendar days (30 days for Buffer) of receipt of this notice, a petition
must be filed with the OAH. 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, 8:00 am to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at [phone], provided the original and one
(1) 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. Mailing address for the OAH:
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 Rd.
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285

One (1) copy of the petition must also be served on DEQ as follows:
Mr. Bill Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water
Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional
Office at 704-663-1699.
Sincerely,
EA
DocuSigned by:
#-.� H P44 --t4
F161 FB69A2D84A8... for
Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Army Corps of Engineers, Charlotte, email
Flynt Barksdale, Pond & Co., [e-mail]
Kelly Williams, DMS, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality

19-0425
NORTH CARO LINA-DIVISON OF WATER RESOURCES
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, the Duke Energy Company, has permission to impact the
stream and wetland impacts noted below in order to proceed with the project in Catawba County, North
Carolina. All activities associated with these authorized impacts must be conducted with the conditions
listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: Division of Mitigation Services (DMS)
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
1,162 linear feet of stream
1.66 acre of wetland
3,600 Zone 1, Catawba Buffer
2,400 Zone 2, Catawba Buffer
West of Hwy. 16
Lincoln/Catawba County
Catawba (03050101)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation of
wetlands as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Linear foot requirements proposed to be mitigated through the DMS must be rounded to the
nearest foot and acreage requirements must be rounded to one-quarter acre increments according
to 15 2r .0503(b).
Mitigation:
1.04 acre of wetland required (1:1)
3,600 Zone 1
2,400 Zone 1
Mitigation:
1.04 acre of wetland and 3600/2400 sq. ft. of Zone 1/Zone 2 of the Catawba Riparian Buffer by the DMS
required for the 401 Water Quality Certification. In correspondence dated March 13, 2019 the DMS
indicated that up to 1.05 acre of wetland mitigation would be conducted by DMS if available within the
cataloging unit. More may be required if mitigation is required outside the unit.
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the DMS per NCAC 2R .0503. If you choose this option, please sign this form and
mail it to the Ecosystem Enhancement Fund at the address listed below. An invoice for the appropriate
amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS
ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE EEP.
Signature
Date
ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
1652 Mail Service Center
RALEIGH, N.C. 27669-1652

CERTIFICATE OF COMPLETION
NCDWR Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401
Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center,
Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's
authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed
to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved
plans and specifications, and other supporting materials.
Signature Registration No. Date