20030179 Ver 8_Other Agency Comments_20091214

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
December 10, 2009 D L5@99M9
DEC 1 4 2009
WETlANM AND STORMW BRANCH
Mr. John Dorney
North Carolina Division of Water Quality
401 Oversight and Express Permits Unit
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Dear Mr. Dorney:
Subject: Dillsboro Dam Bank Stabilization and Dredging Project, Jackson County, North
Carolina, DWQ Project Number 03-0179, Version 8
We have, reviewed the November 30, 2009, Public Notice in which the North Carolina Division
of Water Quality (Division) seeks public comment for the 401 Water Q.uality. Certification fora:
this project, which, proposes to dredge up to 100,000 cubic. yards of sediment behind the!
Dillsboro Dam. This dredging is being done in preparation for the removal of the dam in 2010,
and the original certification to allow the dredging was issued on November 21, 2007. On
September 16, 2009, the Division received a complete application for a modified certification for
a bank-stabilization effort on an additional 300 feet of stream bank that is susceptible to bank
failure during the reservoir drawdown. In addition, in September 2009, the Division was made
aware of issues related to downstream turbidity during the dredging process. The Division has
since proposed a modification to the certification (proposed Condition 12) that addresses the
additional stream-bank stabilization and the method by which Duke Energy Carolinas, LL.C
(Duke Energy), proposes to conduct the dredging.
Comments. We do not oppose the amendment for the installation of (1) bank stabilization on an
additional 300 feet of stream bank that is susceptible to bank failure during the reservoir
drawdown and (2) a diffuser pursuant to the proposed Condition 12. We believe these are
necessary modifications for ongoing dredging operations and stabilization of the Tuckasegee
River during reservoir drawdown. Duke Energy has developed a restoration plan, with measures
for the revegetation of exposed areas, that includes measures such.as these for areas with a high
potential for erosion and-uses native vegetative species and biodegradable geotextile fabric. To
ensure that.the.site restoration is effective, their plan also includes, monitoring. „
Endangered Species. Based on a review of the information we received and our ongoing
monitoring efforts, we have concluded that the proposed activity will have no adverse effects on
listed species. There are no endangered species within the Dillsboro Dam Project reservoir or
along the stream bank. Further, Duke Energy has remained in compliance with the terms and
conditions of our August 11, 2006, Biological Opinion, which considered the Dillsboro Dam
demolition, surrender, and removal (among other actions by the Federal Energy Regulatory
Commission), including the development and implementation of a mussel relocation plan.
Therefore, no additional mussels will be affected by the proposed amendment. We believe the
requirements under section 7(c) of the Endangered Species Act of 1973, as amended (ESA), have
been fulfilled. However, obligations under section 7 of the ESA 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.
CONCLUSION
We encourage you to take expeditious action in this matter so that the demolition work will
remain on schedule. We support the careful removal of the dam. We agree that there may be
some minor temporary effects during and immediately following the demolition activities.
However, we believe that the long-term benefits of the removal will, overall, be beneficial to
endangered species, fish and wildlife resources, riverine functions, and water quality in general.
If you have any questions about these comments, please contact Mr. Mark A. Cantrell of our
staff at 828/258-3939, Ext. 227. Please refer to our Log Number 4-2-07-375 in any future
correspondence regarding this matter.
Sincerely,
Brian P. Cole
Field Supervisor
cc:
Mr. Chris Goudreau, Hydropower Relicensing Coordinator, North Carolina Wildlife Resources
Commission, 645 Fish Hatchery Road, Marion, NC 28752-9229
Mr. Tom Walker, Asheville Regulatory Field Office, U.S. Army Corps of Engineers, 151 Patton
Avenue, Room 208, Asheville, NC 28801-5006