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HomeMy WebLinkAbout19940763 Ver 1_Complete File_19940823State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B, Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director November 3, 1994 Mr. Buzz Bryson Carolina Power and Light Company P.O. Box 1551 Raleigh, N.C. 27602 Dear Mr. Bryson: Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed dredging of intake channel Project # 94763, COE # 199404473 Madison County FILE COPY Attached hereto is a copy of Certification No. 2940 issued to Carolina PoNker and Light Company dated 3 November, 1994. If we can be of further assistance, do not hesitate to contact us. Sincerely, R I/A eHoward, Jr. P. . Attachments wgc2940 cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DEM Regional Office Mr. John Dorney Central Files ED, FE F=1' R0. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 096 post-consumer paper NORTH CAROLINA Madison County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Carolina Power and Light Company in Madison County pursuant to an application filed on the 13th day of September of 1994 to remove sediment at the Marshall Hydro Plant on the French Broad River to maintain the intake channel The Application provides adequate assurance that the discharge of fill material into the water of French Broad River in conjunction with the proposed development in Madison County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the stream is 25 NTU's or less are not considered significant). Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions arc made conditions of the Federal 404 and/or Coastal Area Management Act Permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such demands are made, this Certification shall be final and binding. This the 3rd day of'November, 1994. DIVISION OF ENVIRONMENTAL MANAGEMENT Ll P stun Howard, Jr. P WQC# 2940 Oct A??=1?l??=T OAF P1_JErL=CST=CI?J C''UIN,CID rIESLE. Coi_ira•r? NORTH CAROL I1,IA,, -? '8for.2a Nloh_ar- F1_ib1-(,- said ari'a a1_lth;?r d I - w h- a dmin i?.t, r the i -tnr .' DEBORAH CROW !,•If-3??? , t,:_i rl<a r it _ t ?_1?_I i :, _•?.????rr-? , a.: r? _?•?:. _..?• ,_?n'?i ? u . ._ . :I '3(- h (:: h ' is LEGAL BILLING CLERK NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT r` ASHEVILLE CITIZEN TIMES COMPANY. PUBLIC NOTICE is herebyi in a o d m r - pany, Nth C Light Co li Carolina applied to t of Envir nh THE ASHEVILLE CITIZEN-TIMES mental Management fora Water Quality Certification pursuant to Section 401 of the Federal Clean Water Act and i= U b 1 i '• h' , i. _ i..1 and ? ri t : r ' d second _: lass Environmental Management Commission rules In 15A i Ti a i I i n t h,= r. _ t Y y f' A ,B h e,,/- i .11 e, i. rn ca i d C' !_J n t Y NCAC 2H .0500 and 15A NCAC 2B 0109. The activity for and d i (ate; that he(:?I'1_=? is c?l.Jtl"1 ,r']'Z d to make which the certification is sought is to dredge up to 6,000 ards of sediment at the bic 'S a f f .i '_i a v i t "i rid _ 3,J o i- n - t a t • i n ' n t : t 1"1 a t t h,;- cu y Marshall, Hydra Plant from nn- tiCe or othtar-' l e -,al a dvertisern nt, a tr'l.Je the French Broad River, In/ Madison County.. 1 :::?pY -)f which is at.ta,.heci h,.'r-r to, wa -. it'1ih?d The-public Is Invited to com- THE ASHEVILLE CITIZEN TIMES t-.['--I'= ment on the above mentioned pplication to the Division of d: ti:vs _ °'!?t,.rllber-• T4, 19,,) Division no later than October a r'1 d that t h _, said n w S r=? : =3 C:," r' i. r1 l.J I"1 i C, I°i a-' i cl 10, 1994. Comments should be sent to N.C. Division of Envi-'. document or 1-gal ad•. -r t i sernent ronmentai . -, Management, Water Quality Planning, Post was Published was-, at thF, ti.m of c-acl-i and Off ice.,?,Box 29535, Raleigh, North°i• Carolina .• 27626-0535, w ^ v r Y o u b t i c a t i ,:, n, a n e w s p a r? e r rn e e t i n g all of Attention:,., , John! Dorney.., A copy of the application Is on t he r e q u i r• e m e n t_ and qua 1 i f i cat i. o n s, of S e^ t i or) file at the Division office at Interchange ,Building, G 59 1-597 of th-e General ^tati_Jtew of North Carolina Woodfin Place, > Asheville, N.C.28801 (Asheville Region- and was a qualified newspaper within the al Office (704) 251-6208; Fax #704-251-6452) during normal rnHaning of "ection 1-597 of th,?! C' n-_ral business hours and may be inspected.by the public. , t a t U t ?' S O'f N o r t I"1 C? r" 01 i n Wi , :. A. Preston Howard, Jr. i Director ' N.C. Division of i hi.s , day of =epterrlber 19 94 Environmental Management Sember 24, 1994 pt (Signature of person making affidavi Sw':,rn to and subscribed be-for-c- rnf, th-iis ' 0 day of S' eptamber-- 19 94 ........................................................................................_.._...._._.............................................. . . . i . c) .. . ........ .. F . ubl . !Notary .. M;•' C:OrnmiSSi.on expires: Au'z11-Ast 1, 1992- . ASIDA II•LF. CITIZEN-TIMES PUBLISHING CONIPANY P.O. Box 2090 • Asheville, NC 28802 Phone 704-252-5611 Toll Free 1-900-800-4204 FAX 704-253-5092 FED I.D. NO. 57-0806-550 I N I 1,1c, I):I.'V CIF' I:::hIV:Cf:(al N`Ifia l'1" 71(..T. INVOICE-STATEMENT p SrM '?ppGE.? pFFIf,E ACCOUNT NUMBER PAGE NO. :1.:1. ....9 ,-.- w;....f3 :1. r INVOICE DATE INVOICE NUMBER TERMS: BILL FOR ADVERTISING IS DUE UPON RECEIPT 1'/, LATE CHARGE DUE ON UNPAID BALANCES. -? WHERE AN ADVERTISING CONTRACT IS IN FORCE. AMOUNTS BILLED ON THIS INVOICE ARE SUBJECT TO SHORT RATE OR REBATE AT 1 EXPIRATION OF THE CONTRACT THE AMOUNT OF THE SHORT RATE i OR REBATE IF ANY, CANNOT BE ASSERTAINED UNTIL THE END OF THE CONTRACT TERM. V o Wrl'T I:::Ft c:'tt.)r11...:1: f Y :i31e:(::'fJ0I,I CODES ?f 1. THE CITIZEN 4. SATURDAY CITIZEN TIMES c X:. •) ),. COMBO E ` •:t ':i 1:: •:. I:: 9. SUNDAY CITIZEN TIMES 5. OTHER 7 COMBO T O: PLEASE ENTER AMOUNT PAID TO INSURE PROMPT AND ACCURATE CREDIT PLEASE DETACH AT PERFORATION AND RETURN WITH YOUR PAYMENT. DATE AD NUMBER DESCRIPTION 00 AD SIZE TIMES TOTAL SIZE RATE AMOUNT RUN I...I:::C:•r,1... Kr-II) ()9/,.)() 3609 C -';ail.- WP f 1::.1', 1 6 ,.1 6'5 .. O) "f•f:l"i'r11... r1I) c:::F•I?^,r;c:,l::::a 6It . 0 ? PREVIOUS BALANCE PAYMENTS MISC. DEBIT/CREDIT PAST DUE BALANCE CURRENT CHARGES LATE CHARGE NEW BALANCE X6)5„00 65.00 65.OC THE ADVERTISER AGREES TO ACCEPT AS CORRECT THE MONTHLY STATEMENT TO ADVERTISER FROM PUBLISHER BOTH AS TO AMOUNT OF SPACE AND RATE BILLED UNLESS ADVERTISER, WITHIN TEN (10) DAYS FROM THE MAILING OF SAID STATEMENT NOTIFIES PUBLISHER IN WRITING THAT SAME IS INCORRECT. A 114% LATE CHARGE WILL BE APPLIED ON UNPAID BALANCES. ACCOUNT I,IUIYII:<F:R:: 117 91i/-I_ B D01TE.- 9/30/94 ri 1`'ll:::lYl(:) B1:1...1... F'OR r'1hI :I:I'II):C''1:I:I)(Jfal._ 1...1: (ir^il... r1C),. ra S*T A T'I:::IYII:::h•I•T' W:I:I...I... I:{f:: r'11• 'T'I••If:: 1:::III) c:il° 'T•F•II:K 1101"ITI••I 1:3F•I(:)W:I:h`I(3 r'>II...I... A(-"T*:I:V:I:"('`r I'c:lli Y(:)UR rAC'C'0UI1I'T•,. F'1...1=:0,1;:31::: DO 1,40T• OF% I...('.Y31:: AS) Y c:;OF'Y YOU 14:I:1...1... 'T•I••IF11• K YOU. \SHEVILLE CITIZEN-TIMES PUBLISHING COMPANY P.O. BOX 2090 ASHEVILLE, N.C. 28802 PHONE (704) 252-5611, N.C. -rOLL FREE 1-800-800-4204 C) 0 CD m 7 = m z w 77 (D X c X ? W w (D 0 m co A T aC Z O -I O Un A z C) 31 O O r D t 4 Q N _ z mn T N 37 O co A O m A O n T m a0 p 2 71 T 0c 7J 0 C; o0 mm :) D m v D (n m ;z ?c z co m x M Zm CT ?m :1) cum mZ ?n m v U m fD 0 0 D v v O a s 3 X 0 m m r x N N 'D n O C) m Rl - ? m z ?1 N 0 D O m rN p m z ?T o K m n z v D D 0 x m 'v z c r. m o $ N ° m z 0 O m D v v n D 2 O m Z 11 0 m m z c m m 0 17 0 m O Z cn c co < m n _ . m m ? n co O _ D H 4W L_J , I - EI D v Z O n m D O c Z D D r l z r 0 m --I O Lei N w m CD m r m z cl) A 0 0 z z 0 0 0 v m Tn i m Z n v (D .0 w (D 00 m o' ' 1 o 0 ? m? y' tD n w_- j SD SD (D ()) 3 o co a Z C 1 m (D to O C n (D w D -n c o a m ? CL O N O o 3 m (D y. n w_ w w v tII w m m m 7 C N 0 v D O m O "'El' 13 'LJ4 12: U1PH CP'uL TECH. !?EFIVICES Carolina Power & Light Company Technical Services Department 411 Fayetteville Street Mall - P.O. Box 1551 Raleigh, North Carolina 27602 FAX TRANSMLSMON DATE: September 13, 1994 TO: John Dorney/Eric Dela,nb COMPANY: NCDEM FAX NO.: _(_919_)_733_-_1338 NO. OF PAGES: 8 - (including cover sheet) TRANSMITTED BY: Buzz Bryson I'IIONI; NO.. (_919_)-546--_4903--- FAX NO.. _0_546_--4171_ 1NS RUCTIONS: P.1 Attached is the letter permit issued by the Coy ps of Engineem which will allow US to dredge more thou 1,000 cu. ads at the Marshall Plant to restore operatioens. As I indicated on the phone, once the water levels in the French Broad began droppiMg, the plant people realized that 1,000 yards was not sufficient to cleat the intake area. David Baker of the Corps visited the site prior to the C'orps' issuing this permit. Matemal will be handled the s:une way as described before: Dredged using a dragline, and trucked to the Madison County Iandhll where it will be used as cover material at the landfill. We'd appreciate your concurrence on this permit. ';EP 1? '94 12:02PI.1 CP'uL TECH. SERdICES DEPARTMENT OF THE ARMY _ WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLVAeFERTO September. 7, 1994 Regulatory Branch Action ID. 199404473 Dr. George J. Oliver Carolina Power and Light Company Post Office Box 1551 Raleigh, North Carolina 27602 Dear Dr. Oliver: P.2 i SP 12M Di In accordance with your written request of September 2, 1994, and the ensuing administrativ® record, enclosed are two copies of a Department of the Army (DA) letter permit Lo maintain your intake channel on the French Broad River, Marshall Hydroelectric Plant, Madison Colony, North Carolina- You should acknowledge that you accept the terms and conditions of the enclosed permit by signing and dating each copy its Lhe spaces provided ("Permittee" on page 3). Your signature, as permitted, indicates that, as consideration for Lhe issuance of this permit, you voluntarily accept and agree to comply with all of the terms and conditions of this permit. All paree of both copies of the signed permit: with drawings should then be returned to this office for final authorization. A. self-addressed envelope is onclosod for your convenience. Atter the permit is authorized in this office, Lhe original copy will be returned to you, LI.., duplicate copy will by permanently retained in this office. Should you have questions, contact: Mr. David Baker, Regulatory Branch, telephone (704) 271-4856. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosures SEP 1-3 "Jd 1c:02"P11 CP'uL TECH. `;EkVICES DEPARTMENT OF THE ARMY PERMIT Dr. George J. Oliver Permitt,ee Carolina Power and LI.Zhr Company Permit No. 199404473 Issuing Office CESA14-CO-E P . J, 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 maintain your intake channel un r.he Trench Broad River, Marshall Hydroelectric Plane. Project Location: .Madison, Madison County, %L ort-h Carolina Permit Conditions General Conditions: 1 'rhe time limit for completing the work authorized ends on December :31' 1 ()97 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 authormed by tills permit in good condition and in conformance with the terms and condi lions of thin permit You are not relieved cut this requirement it you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition d 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. It you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this oftice of what you have found. We will initiate the Federal and state coordina- tion 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 SIN 82 IS oI3S0t_E r k (33 CFR 325 (Appendix A)) ALP 1_, '?4 1IL: w_PH CP''L TECH. SEPVICES P.4 4. If you sell the property associated with this permit, you "lust obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. h. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it con- tains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: See enclosed sheet Further Information 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to. ($ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C 403) Section 404 of the Clean Water Act (33 U.S.C 1344), ( ) Section 108 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413) 1. limits of this authorization. a. 'Phis permit does not obviate the need to obtain other Federal, state, or local authorizations required by law, h. This permit does not grant any property rights or exclusive privileges. c This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project, 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following. a Damages, to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural e9uses. b llanlages to the permitted project os uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d_ Design ur construction deficiencies associated with the permitted work 2 REF' 1-3 `4 1 ? PI1 CPuL TECFI.'_ LkVI?E P. 5 e. Damage claims associated with any future modification, suspension, or revocation of this permit. 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. f3, Keevaluatlon 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 326.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.6. 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 Chia office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CPR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extenslona. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there ale circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public Interest decision, the Corptl 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. (PF'RMITTFE) DR. GEORGE .1. OLIVLR (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below (DISTRICT F;NGINFER) - (DATE) ROBERT J. SPERBERG, COL, EN When the shuclurrs ()r work authorized by t.hls pernul ale still in existence at the time the property is traruuerreu, Tile terns and conditions of lh1n permit will continue to Ire 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. (TRANSFEREE) -- (DATF) 3 oW 5. OOVFRNMFNT PAINTINQ oFFICE; 1111311 717425 SEP 1_i 'J4 1 : U KPH CP'&L TECH. SEPV I CES SPECIAL CONDITIONS a. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. P.6 b. All excavated materials will be confined landward of the normal water alevation contour and any flooded vegetated wetlands. C. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is nor authorized. d. No excavated or fill materials will be placed at any time in any vegetated wetlandn or waters. e. No vegetated wetlands will be excavated or filled. f_ The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge- Increases such that the turbidity in the waterbody is 25 NTII's or less are riot considered significant. y. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. K?V l"EF' L sEr?vlcES: 3 5 P. 7 Y m )7. C w w C a. s w 4 V t_ C O 2 RCV 8?EF' 1 _ `i 1 1;,-_ U3Pt-1 CP'uL TECH. ?;EPVICES36 u Q I? 4 X I? 919 546 4'71- ?SACL-Reg. E3ranch;411 n W r? r z r 96 A a ?v N w Lf. ShCr,r1 2 OF 9 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B, Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., RE., Director F1.1WA?EHNR September 22, 1994 Asheville Citizen P.O. Box 2090 Asheville, N.C. 28802 ATTN: Legal Ad Department Dear Sir: SUBJECT: Public Notice FILE COPY Please publish the attached Public Notice one time in the section set aside for Legal Advertisements in your newspaper. The publication should run on or before September 24, 1994. Please send the invoice for publication and three copies of the affidavit of publication to the address given below. Payment cannot be processed without the affidavit of publication. N.C. Division of Environmental Management Water Quality Section Post Office 29535 Raleigh, North Carolina 27626-0535 Attn: John Dorney If you have any questions concerning this matter, please call John Dorney at 919/733-1786. Sincerely, D rney W tlands Teth' lReview Group Ashecit.cpl cc: John Dorney Asheville DEM Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 096 post-consumer paper r NORTH CAROLINA DIVISION OF ENVIRONMENTAL MANAGEMENT PUBLIC NOTICE is hereby given that Carolina Power and Light Company, North Carolina, has applied to the North Carolina Division of Environmental Management for a Water Quality Certification pursuant to Section 401 of the Federal Clean Water Act and Environmental Management Commission rules in 15A NCAC 2H .0500 and 15A NCAC 2B .0109. The activity for which the Certification is sought is to dredge up to 6,000 cubic yards of sediment at the Marshall Hydro Plant from the French Broad River, in Madison County. The public is invited to comment on the above mentioned application to the Division of Environmental Management. Comments shall be in writing and shall be received by the Division no later than October 10, 1994. Comments should be sent to N.C. Division of Environmental Management, Water Quality Planning, Post Office Box 29535, Raleigh, North Carolina 27626-0535, Attention: John Dorney. A copy of the application is on file at the Division office at Interchange Building, 59 Woodfin Place, Asheville, N.C. 28801. (Asheville Regional Office (704) 251-6208; Fax # 704-251-6452) during normal business hours and may be inspected by the public. reston How r , Jr. i ector N.C. Division of Environmental Management DATE: September 21, 1994 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Buzz Bryson CP&L P.O. Box 1551 Raleigh, N.C. 27602 Dear Mr. Bryson: 17 F ID FE F1 August 23, 1994 Madison County DEM Project # 94763 F I L E You have our approval to dredge 1000 cubic yards of sand for the purpose of intake clean out at Marshall Hydro Plant, as you described in your application dated 22 August 1994. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2676. This certification allows you to use General Permit Number 277 when it is issued by the Corps of Engineers. 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 and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. Sincerely, A. reston ard, P.E. L Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DEM Regional Office Mr. John Dorney Central Files 94763.1tr P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper CP&L Carolina Power & Light Company PO Box 1551 41 1 Fayetteville Street Mall Raleigh NC 27602 Mr. John Dorney Water Quality Planning DEHNR P.U. Box 29535 Raleigh, NC 27626-0535 Post-it` Fax Note 7671 Dareg a pe orge5 To D wt j _DO N C Y From U 7- -z S 0 !?I Co.IDepi. N` b ?H70- Go. G 1 n Phone p 5 ? _ n ?) 3 Fax it % 3 ? - 3g / Fax h S- 4L - 4 7 August 22, 1994 VIA PAX - 733-1338 AUG 2 21994 ? a ? Subject: Maintenance Dredging at Carolina Power & Light Company's Marshall Plant Dear Mr. Dorney: The intake area of Carolina Power & Light Company's Marshall Hydroelectric Plant, located on the French Broad River below Marshall, NC, has become clogged with sand deposited above the dam during recent heavy rains. We are requesting concurrence from the Division of Environmental Management (DEM) for CP&L to immediately begin dredging the river adjacent to the plant intake to remove sufficient quantities of sand to allow the plant to resume operation. CP&L understands that dredging of up to 1,000 cuhic yards of material is authorized under Corps of Engineers GeDeral Permit No. 198200277, and is also approved by the DEM under Water Quality Certification No. '076, subject to CP&L making written notification to DEM. 'T'his letter serves as that notification. 6,_ ruse the project is located in one of the 25 mountain counties containing trout water, CP&L notified Ms. Stephanie Goudreau of the NC Wildlife Resources Commission by telephone on August 25, 1994. CP&L described the project to Ms. Goudreau, and she verbally approved the dredging operation. CP&L intends to remove the accumulated material from the area shown in the attached sketches of the plant, probably using a clamshell, and dispose of the material in an upland area. CP&L has received approval from Madison County to dispose of the material in the county landfill, where it will be used as fill material. This method was approved by Mr. Jim Patterson in the Asheville Regional Office. We would appreciate your reviem of this request. Very truly yours, V??. u? George J. Oliver, Ph.D. Manager, Environmental Services CJU/wtb (c:1bu/zlmnryhnllldredgn(a.hr1 Enclosures Ms. Stephanie Goudreau (NCWRC) DEM TD: _ ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE WT-10 PERMIT 11) -c's i L /`7e 2.oc) %'7 JOINT FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE APPLICATION FOR SECTION 401 CERTIFICATION WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. BOX 1890 WILMINGTON, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-U511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. BOX 29535 RALEIGH, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. r L I G H T 1. OWNERS NAME: C-A;r. t\ 4ou?t'C? 2. OWNERS ADDRESS: ??-0- Bb>x 1551 3. OWNERS PHONE NUMBER (HOME) : (WORK) ; 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: ta.. v cf;?GE EI',wkVE2 AI )4W A6Ek, v i 2c, ^atiNE,JrAL. `,EhVIC?g S Lo tq? 77, 4e q 5. LOCATION OF WORK (MUST ATTACH MAP). COUNTY: %VIADl`k)N NEAREST TOWN OR CITY: tz? H Rs HA LL SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC. -4-GN ?j?Fli2 Cn?EK /t?AZ, /?'1AIZ°-f1A[-L,/YC._ 2?75?-95C.W FF R I (1,4- 6. NAME OF CLOSEST STREAM/RIVER: 'FEE z, Qk 7. RIVER BASIN: K,C.H 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [ ] NO N) 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ J NO IN IF YES, EXPLAIN. 6C 10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, LOCATED 014 PROJECT SITE: =.X -- 6/ 10/92 -2- 11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY THE PROPOSED PROJECT: FILLED: DRAINED: FLOODED: EXCAVATED: _ TOTAL IMPACTED: 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Mg/A)7EA',gNCC )PzbGl rC /N !'P,ON-r of- NYDPoE4-FC77 Ic- Pl- 1AjT /,\)7-AWE 13. PURPOSE OF PROPOSED WORK: RF' S ra,tiE 10ATER BL_L)GeE'D By S7ANb ?DE7'GS/7"ED )UQ/n16 RECCNT 1x;:'Z-06PS 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. /N TA }'-- 1 /A.' JIVER. /1A-rEk t,;/L G-FEE `7/ 15PCSED ^F in! uPL?n?n N?.EA 15• YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE SO? YES [ ] NO [x] RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. lb. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT? HAVE YOU DONE SO? YES ( ) NO 'XI RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS 17. ADDITIONAL INFORMATION REQUIRED BY DEM: A. WETLAND DELINEATION MAP SHOWING ALL, WETLANDS, STREAMS, AND LAKES ON THE PROPERTY. B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY. ?1t FCEc.7Fl? Tbo6j-Ty E. WHAT IS LAND USE OF SURROUNDING PROPERTY? T,,y C P4- L_. F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? 0/A /- 1 OWNER'. SIGNATURE DATE L. Q .Z a 0 m r U G ?i. 'Q C A .r C _m 0. .0 Z m Lo m 4+ x 0 C G v 6'0 22 I I a 0 m _a a. U 'C v O r 'o z tV v ar a 23