HomeMy WebLinkAbout20130202 Ver 1_401 Application_20130213� 1
February 26, 2013
Serial No. WGH- 015 -13
NC DWQ, WBSCP Unit
1650 Mail Service Center
Raleigh, NC 2799 -1650
Re: Application for Coverage under Nationwide Permit — 36
Tuckasegee Powerhouse Access Area — Boat Ramp
41 Disney Lane, Tuckasegee, NC 28783, Jackson County
D &F Job Number: 010561.15
To Whom It May Concern:
20130202
Davis & Floyd, Inc. acting as Agent for Duke Energy Carolinas, LLC is pleased to submit the
following application for coverage under Nationwide Permit (NWP) — 36 (Boat Ramps) at the
Tuckasegee Powerhouse Access Area on the West Fork Tuckasegee River (River Mile 1.6).
Nantahala Power & Light Co. (Duke Energy) is the owner of the property. Improvements near the
shoreline include the addition of a concrete boat ramp. This PCN package is being submitted to
NCDENR -DWQ requesting 401 Water Quality Certification. The required application fee of $240 is
enclosed.
The plans for the project have been reviewed and approved by Jackson County, NC. Appropriate
best management practices will be utilized to control erosion during the project. All disturbed land
surfaces will be stabilized upon completion of the project.
Enclosed are five (5) sets of the completed Pre - Construction Notification (PCN) form with
associated attachments and the executed Agent Authorization Form that was submitted to the
U.S. Army Corps of Engineers (USACE). If you should have any questions, please do not hesitate
to contact us. You can respond with any comments to the following email address:
whunter _davisfiovd.com. We look forward to beginning this improvement project after receiving
your approval.
Very truly yours,
DAVIS & FLOYD, INC.
Wilson G. Hunter
Project Manager
Enclosures: As stated in the letter
Engineering I Architecture I Environmental I Laboratory
1319 Highway 721221 East Greenwood, SC 29649 [864] 229 5211
davis8oyd.com
I
DA IS
FL �YD
February 26, 2013
Serial No. WGH- 012 -13
Mr. David Brown
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801 -5006
20130202
Re: Application for Coverage under Nationwide Permit — 36
Tuckasegee Powerhouse Access Area — Boat Ramp
41 Disney Lane, Tuckasegee, NC 28783, Jackson County
D &F Job Number: 010561.15
Dear Mr. Brown:
Davis & Floyd, Inc. acting as Agent for Duke Energy Carolinas, LLC is pleased to submit the
following application for coverage under Nationwide Permit (NWP) — 36 (Boat Ramps) at the
Tuckasegee Powerhouse Access Area on the West Fork Tuckasegee River (River Mile 1.6).
Nantahala Power & Light Co. (Duke Energy) is the owner of the property. Improvements near the
shoreline include the addition of a concrete boat ramp.
The NWP -36 for Boat Ramps has limits of 50 cubic yards (yd) discharged below the ordinary high
water mark (OHWM) and provided the boat ramp does not exceed 20 feet in width. The normal
operation of the powerhouse makes the normal water level fluctuate slightly. The boat ramp will
only protrude 20 feet from the normal water level. Total estimated quantity of materials to
discharged below the OHWM is 25.51 yd (8.64 yd of concrete and 16.87 yd of stone). The total
estimated amount of excavation is 12 yd3. The total area impacted below the normal river level is
estimated to be 0.011 acres. The boat ramp design is 14 feet in width. The estimated quantities
for this project are within the limits for the criteria for NWP -36.
Enclosed are the executed Agent Authorization Form and the completed Pre - Construction
Notification (PCN) Form with associated attachments. Should you have any questions concerning
this application or need additional information, please do not hesitate to contact us. We look
forward to beginning this improvement project as soon as we receive your approval.
Very truly yours,
DAVIS & FLOYD, INC.
Wilson G. Hunter
Project Manager
Enclosures: As stated in the letter
Engineering ( Architecture I Environmental I Laboratory
1319 Highway 721221 East Greenwood, SC 29649 [864) 229 5211
davisfloyd.com
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20130202
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps:
® Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number. NWP -36 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps?
® Yes ❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
Is. Is this notification solely for the record
because written approval Is not required?
For the record only for DWQ
401 Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment Into a mitigation bank or In4ieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or In -Ueu fee program.
❑ Yes ® No
1g. Is the project located in any of NC's twenty coastal counties. if yes, answer 1h
below.
❑Yes No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ® No
2. Project information
2a. Name of project:
TUCKASEGEE POWERHOUSE ACCESS AREA
2b. County:
JACKSON
2c. Nearest municipality ! town:
TUCKASEGEE. NC
2d. Subdivision name:
Project Address: 41 Disney Lane, Tuckasegee. NC 28783
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
NANTAHALA POWER & LIGHT CO. (DUKE E
3b. Deed Book and Page No.
PIN: 7567 -70 -7614
3c. Responsible Party (for LLC if
applicable):
DUKE ENERGY CAROLINAS. LLC , 1129S
3d. Street address:
P.O. BOX 1007 2013
3e. City. state, zip:
CHARLOTTE, NC 28201
(704) 382 -6920
(704) 382 -8614
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Travls.Stnclalr@duke-energy.com
Page 1 of 10
PCN Form — Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is:
® Agent ❑ Other, specify:
4b. Name:
Duke Energy Carolinas LLC - C/O Travis Sinclair
4c. Business name
if applicable):
4d. Street address:
526 S. Church Street, EC12Q
4e. City, state, zip:
Charlotte, NC 28201
4f. Telephone no.:
(704) 382 -6920
4g. Fax no.:
(704) 382 -8614
4h. Email address:
TRAVIS.SINCLAIRQDUKE- ENERGY.COM
6. Agent/Consultant Information (If applicable)
5a. Name:
WILSON G. HUNTER
6b. Business name
if applicable):
DAVIS & FLOYD, INC.
6c. Street address:
1319 HWY 72/221 E
5d. City, state, zip:
GREENWOOD
5e. Telephone no.:
(864) 229 -5211
6f. Fax no.:
(864) 229.7119
69. Email address:
WHUNTER@DAVISFLOYD.COM
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
7567 -70 -7514
1b. Site coordinates (in decimal degrees):
I Latitude: 35.2475 Longitude: - 83.1283
1c. Property size:
0.72 acres
2. Surface waters
2a. Name of nearest body of water to proposed project:
WEST FORK TUCKASEGEE RIVER
2b. Water Quality Classification of nearest receiving water.
FW
2c. River basin:
Little Tennessee River
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
See Attachment.
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0
3d. Explain the purpose of the proposed project:
See Attachment As pan of their FERC Approved Recreation Management Plan, Duke Energy has agreed to make improvements and upgrades
3e. Describe the overall project In detail, including the type of equipment to be used:
See Attachment
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
o ect (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
®Preliminary ❑ Final
4e. if yes, who delineated the jurisdictional areas?
Name (if known): DAVID BROWN
Agency /Consultant Company: USACE
Other.
4d. If yes, fist the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Mr. David gown stated that flagging of the ONWM or normal water level was not necessary because the nominal water level fluctuates due to the
operation of the powerhouse. Boat tamp only extends 20 feet into water from normal water levels.
s. Project History
5a. Have permits or certifications been requested or obtained for
this project (Including all prior phases) In the past?
❑ Yes ® No ❑ Unknown
6b. If yes, explain in detail according to °help file° instructions.
P. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. if yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area Impacted.
2a.
Wetland Impact
number
Permanent (P) or
Tem ors.
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWO (401, other)
2f.
Area of
impact
(acres)
W1 -
Choose one
Choose one
Yes/No
W2 -
Choose one
Choose one
Yes/No
W3 -
Choose one
Choose one
Yes/No
lYes/No
W4 -
Choose one
Choose one
W5 -
Choose one
Choose one
Yes/No
WS -
Choose one
Choose one
Yes/No
29. Total
Wetland impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream Impacts (Including temporary Impacts) proposed on the site, then complete this
question for all stream sites Impacted.
3a.
Stream Impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (ND?
3e.
Type of
jurisdiction
3f.
Average
stream
width
feet
39.
Impact
length
(linear
feet)
S1 P
Fig
W.Fork Tudkasegee R.
PER
Corps
35
18
S2 -
Choose one
S3 -
Choose one
64 -
Choose one
S5 -
Choose one
SB -
Choose one
3h. Total stream and tributary
Impacts
18
31. Comments:
Impacts Include -18' along the shore Me to account for the width of the 14' concrete twat ramp and up to 2' of rock (dp -rap) around the sides of tlw
ramp. Total area of impact is - 0.011 - acres. Total volume of GII materials below water level which Includes concrete remp and stoneMp -rap under and
around ramp Is -25.6 cu. yards. These quantities are below the allowable Wts for NNP -36 which allows up to 60 cu. yards.
Page 4 of 10
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, (he Atlantic Ocean, or any other open water of
the U.S. then Indivi ally list all open water impacts below.
4a.
Open water
Impact number
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Other
02 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
6. Pond or Lake Construction
If Pond or lake construction proposed, the complete the chart below.
58.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Welland Impacts (acres)
6d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
6g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no.
61. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
6k. Method of construction:
S. Buffer Impacts (for OWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any Impacts require mill ation then you MUST fill out Section D of this form.
6a. Project Is in Which protected basin?
❑ Neuse ❑ Tar- Pamlioo ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number—
Permanent (P) or
Temporary
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
Impact
(square
feet )
69.
Zone 2
Impact
(square
feet
B1
YesMo
82 -
YeslNo
B3 -
Yes/No
64 -
YeslNo
85 -
Yesift
68
Yes/N0
6h. Total Buffer Impacts:
61. Comments:
Page 6 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impact$ in designing project.
Duke Energft FERC (#2868) re4censing commitments and the Recreational Management Plan approved (July 24.2012) by Federal. State, and
local agencies as well as Stakeholders required the new public boat ramp access at the Tucicasegee Powerhouse Access Area. The NWP-36 allows
for limited fill material to construct the boat ramp. This project is below the limmits allowed by NWP -36. ramp size, use. eta
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Appropriate best management practices wig be utilized to minimize Impacts. All boat ramp concrete work will be completed upland and pushed into
place. Appropriate sediment and erosion protection BMPs will be utilized to minimize Impacts and protect the river.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
Impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. if yes. mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in4ieu fee program
❑ Permittee Responsible Mitigation
3. Complete If Using a Mitigation Bank
3a. Name of Mitigation Bank.
3b. Credits Purchased (attach receipt and tatter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments.
4. Complete It Makina a Payment to In4leu Fee Pro ram
4a. Approval letter from in4leu fee program is attached.
❑ yes
4b. Stream mitigation requested:
linear feet
4c. if using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments.
6. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form —Version 1.4 January 2009
S. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project resuit in an impact within a protected riparian buffer that requires
buffer mitigation?
1 13 yes MI No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g.. payment to private mitigation bank.
permiitee responsible riparian buffer restoration, payment Into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project Include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? if nog explain why.
❑ Yes ❑ No
2. Stormwater Mana ement Plan
2a. What is the overall percent imperviousness of this project?
—75%
2b. Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Piano explain why.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Land disturbance activtUes have been approved by Jackson County. Appropriate sediment & erosion control measures will be utilized Including slit
fencing and landscape buffers. Sediment & erosion controls BMPs will be inspected every seven (7) calendar days. Any needed maintenance will be
performed as soon as practical or as needed and before the next storm event whenever practicable. Removed trapped sediment will be removed
from the site or stabilized on site.
2e. Who will be responsible for the review of the Stormwater Management Plan?
Jackson County
3. Certified Local Government Stormwater Review
3a. In which local novemments Jurisdiction Is this project?
Jackson County
❑ Phase 11
3b. Which of the following locally4mplemented stormwater management programs
❑ NSW
apply (check all that apply):
USMP
Water Supply Watershed
Other: See Attachment.
3c. Has the approved Stormwater Management Plan with proof of approval been
® Yes ® No
attached?
4. DWQ Stormwater Pro ram Review
13Coastal counties
I3HOW
4a. Which of the following state-Implemented stormwater management programs apply
ORW
(check all that apply):
Session Law 2006.246
Other.
4b. Has the approved Stormwater Management Plan with proof of approval been
❑Yes [3 No
attached?
6. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
Oyes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
C) Yes (] No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
Is. Does the project involve an expenditure of public (federal/state/locai) funds or the
Oyes
® No
use of public (federallstate) land?
1b. If you answered °yes° to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (if so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes
❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site In violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
Mes
®No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application?
Oyes
®No
2c. if you answered °yes° to one or both of the above questions. provide an explanation of the violation(s):
3. Cumulative impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
[]Yes
®No
additional development, which could impact nearby downstream water quality?
3b. If you answered eyes' to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no; provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
THERE ARE NO WASTEWATER DISCHARGES ASSOCIATED WITH THIS PROJECT.
Page 9 of 10
PCN Form — Version 1.4 January 2009
6. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑Yes Q No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
Q Yes ❑ No
Impacts?
5c. It yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Mr. Mark Cantrell of the USFWS Asheville Field Office reviewed construction plans. He identified endangered species Appalachian epdoe Is located
In a downstream reach of the Tuckesegee River. He concluded the project will have no effect on the Appalachian endoe. See attached letter.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes Q No
6b. What data sources did you use to determine whether your site would Impact Essential Fish Habitat?
Mr. Mark Cantrell of the USFWS Asheville Field Office reviewed data and Indicated that the project will not impact essential fish habitat.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
0 Yes Q No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
There are no known historic or cultural resources located on this properly. See attachment.
8. Flood Zone Designation (Corps Requirement)
-T 8a. Will this project occur in a FEMA-designated 100 -year ftoodplain?
Q Yes ❑ No
8b. If yes. explain how project meets FEMA requirements:
NW-36 allows construction of boat rerips within the 100 -year fkrodplaln. Jackson County FloWplaln Development Permit was obtained.
A copy Is attached. There are no Gfeleafety issues associated with the project construction and no oocuplable structures are proposed.
8c. What source(s) did you use to make the floodplaln determination?
Review of FEMA Flood Hazard Boundary map for Jackson County, NC, Community Panel No. 7667, Map# 3700766700J, dated April 19, 2010.
WILSON G. HUNTER
2/26/13
Applicant/Agent's Printed Name
Applicant/Agenre Signature
Date
(Agent's signature is valid only it an authorization
letter from the applicant is provided.)
Page 10 of 10
Attachment for Pre - Construction Notification (PCN) Application -
Tuckasegee Powerhouse Access Area — New Boat Ramp
A. Application Information
2a. Name of Project: Tuckasegee Powerhouse Access Area
3a. Names recorded on Deed: Nantahala Power & Light Co. (Duke Energy Carolinas,
LLC)
B. Project Information and Prior Project History
133. Project Description:
3a.: Existing conditions at the site are generally grassed with the gravel road (Disney
Lane) bisecting the project area. The project site area is bounded on the north by
the West Fork Tuckasegee River and on the west by the powerhouse discharge
canel. Adjacent properties to the east are undeveloped pasture and wooded areas
and to the south and west are undeveloped wooded areas.
3d.: The purpose of this project is provide the public with a boat ramp access area to the
West Fork Tuckasegee River near Tuckasegee, NC. The project is within Duke
Energy's FERC License #2868. As part of their FERC Approved Recreation
Management Plan, Duke Energy has agreed to make improvement and upgrades.
Duke Energy developed a Recreation Management Plan that was reviewed and
approved by Federal, State, Local agencies, and stakeholders. The plan was
approved on July 24, 2012. This location at the Tuckasegee Powerhouse Access
Area was one of several free public recreation areas to be installed along the
Tuckasegee River. This new boat ramp will be used by the public to provide access
for drift boats, canoes, jon boats, kayaks, and other recreastional boats into the
West Fork Tuckasegee River.
3e.: Duke Energy will install a concrete boat ramp and a gravel parking lot. American
Disabilities Act (ADA) compliant parking and sidewalk will be provided to the ramp
area. The boat ramp will be approximately 14 feet wide, approximately 75 feet long,
10 inches thick with stone underneath. The concrete ramp will be constructed using
a "pour and push" method, where the ramp is formed and poured upland on shore
and then pushed into its final location after the concrete has properly cured.
Appropriate grading equipment will be utilized to level the area to the boat ramp
specifications. Appropriate sediment and erosion protection best management
practices (BMPs) will be utilized to protect the waters of the West Fork Tuckasegee
River. Approvals for land disturbance activities and floodplain development permits
have been be obtained from Jackson County as required. Copies attached to PCN.
E. Stormwater Management & Diffuse Flow Plan (required by DWQ)
3. Certified Local Government Review
3b.: Jackson County has jurisdiction for land disturbance activities. Land Development
Application with Jackson County has been approved as a Jackson County
Floodplain Development Permit. All permits have been approved and are attached
to this application.
F. Supplementary Information
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5d.: Mr. Mark Cantrell of the USFWS Asheville Field Office reviewed construction plans.
He identified endangered species Appalachian elktoe is located in a downstream
reach of the Tuckasegee River. He concluded the project will have no effect on the
Appalachian elktoe or will it constitute an adverse modification of critical habitat.
Cantrell letter attached.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7b.: Based on existing disturbance from the leveling of the property and the minimal
grading for the installation of the powerhouse in the 1950's, we do not believe there
are any cultural resource issues with the property. It is Duke Energy's policy and
federal law mandate that if any historic or cultural resources are discovered during
construction, then all construction activities will immediately cease. All appropriate
individuals and agencies will then be notified.
Agent Authorization Form
Eroperty Legal Description:
Lot No.
Plan No.:
Parcel ID No.: 7567 -70 -7514
Property Address: 41 DISNEY LANE
TUCKASEGEE, NC 28783 Jackson County
Property Owner: Duke Eneray Carolinas, LLC
The undersigned, registered property owner of the above noted property, do hereby
authorize:
WILSON G. HUNTER , of Davis & Floyd, Inc.
ftftt) (Name of consuuffing firth)
To act on my behalf and take all actions necessary for the processing, issuance and
acceptance of this permit or ceretification and any and all standard and special
conditions attached.
Property Owner
Mailing Address: Duke Energy Carolinas, LLC do Travis L. Sinclair
526 S. Church Street, EC120
Charlotte, NC 28201 -1006
Telephone No.: - (704) 382 -6920
We hereby certify the above information submitted in this application is true and
accurate to the best of our knowledge.
Date: Oc? — Of3 '0' 413
Site Map:
Tuckasegee Power House Access Area
41 W. Disney Lane
Tuckasegee, NC 28783
Site Location Map:
Tuckasegee Power House Access Area
41 W. Disney Lane
Tuckasegee, NC 28783
1,2CrJ? Jj3rrGUESt - Portions 1.2013 NAVTEQ
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CRNRRROR.N RN•R
N.RN•NII DUKE ENERGY CORPORATION
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JACKSON COUNTY, NORTH CAROLINA
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Archiledure DUKE ENERGY CORPORATION
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Mr. Wilson G. Hunter
Davis & Floyd, Inc.
816 East Durst Ave.
Greenwood, SC 29649
Dear Mr. Hunter:
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
August 8, 2012
Subject: Comments on a review of construction plans, Duke Energy Tuckasegee River Access Area
Project - Powerhouse Access Area (Little Glenville), Jackson County, North Carolina.
We have reviewed the information provided for construction of facilities to enhance river access at a site
on the West Fork Tuckasegee River at the Tuckasegee Development, described as the Powerhouse Access
Area in Jackson County, NC. The information included detailed grading and erosion control plan. The
facilities will be constructed to fulfill provisions of the Tuckasegee Cooperative Stakeholders Agreement.
The proposed improvements will provide river access in the area of the Tuckasegee Area Hydroelectric
Projects.
Key Design Features. According to my review of the drawings, the key features include:
- Excavation and fill beyond the high -water mark will be very limited.
- Retention and protection during construction of natural riparian vegetation. Native shoreline
vegetation should be left unaltered as much as possible. The Vegetative Buffer Maintenance Plan
described in the Grading and Erosion Control Plan will provide for revegetation of riparian buffer.
- Stringent erosion - control measures should be installed where soil is disturbed and should be
maintained until project completion in the upland areas and along the shoreline construction area in
the riparian portions of the project. No excavated material should be stockpiled where sediment
will erode to surface waters.
We recommend additional measures:
The Vegetative Buffer Maintenance Plan includes a statement that "4) Two to Three times a year,
vegetative huffer will he mowed and the clippings harvested t promote the growth of thick
vegetation..." We do not agree with this element of the maintenance plan and we do not
recommend mowing; we recommend control of invasive exotic species only. Instead, we
recommend revegetation with native deep- rooted species. Riparian buffers should be maintained
or re- established with plantings of natives species such as silky dogwood, and multi -stem river
birch, wherever possible. Please communicate the importance of erosion control and other design
features and construction phasing to all contractors and staff on site.
2. We recommend grading to feature a vegetated swale area (raingarden) for stormwater reduction.
Again, vegetative plantings should feature native species.
3. If lighting is installed and maintained at the marina in the future, it should be with low- pressure
sodium (LPS) lighting. We are concerned about the potential for overlighting and the potential
adverse effects on fish and wildlife resources in the area. A dark nighttime sky is essential.
Contributions of light from the earth (both direct emissions and reflected light) brighten the night
sky background. This brightening also greatly diminishes the view of the sky for migrating birds,
moths, bats, and the general public. The type of light source chosen for outdoor lighting is
important because some types may result in more adverse effects than others. We prefer the LPS,
as proposed; its nearly monochromatic yellow light can be easily filtered out. Other advantages
of LPS are that the wavelength emitted is most near the point where the human eye is most
sensitive and efficient, and it is also the most energy - efficient light source available. All outdoor
fixtures should be fully shielded and installed in such a way that no light is emitted above a
horizontal plane running through the lowest part of the fixture. Thus, glare, light trespass, and
light pollution will be minimized, and energy savings will be maximized. The design of the
fixtures should include time controls or occupancy sensors to turn lamps off when not needed
(LPS has the ability to restrike immediately after a momentary power failure, while high- pressure
sodium and metal halide lamps must cool before restriking). We recommend safe,
energy - efficient lighting that minimizes impacts to fish and wildlife resources. The use of solar
panels could eliminate the need for further extension of distribution lines, while conserving
energy.
4. Wet concrete is toxic to aquatic organisms. During any construction, wet concrete should not be
allowed to come in contact with surface waters. The boat ramp should be constructed using a
"pour and push" method, where the ramp is formed and poured on shore, then pushed into its
final place after the concrete has sufficiently cured.
Endangered Species Act. We have records of the endangered Appalachian elktoe (Alasmidonta
raveneliana) in a downstream reach of the Tuckasegee River, and there is designated critical habitat for
this species. We also have records of the Candidate species Sicklefin redhorse (Moxostoma sp.) from the
downstream area. Based on our knowledge of the site, the drawings, the disance to downstream habitats,
and the commitment to construct this facility with the utmost care and erosion control, we find the
proposed project will have no effect on the Appalachian elktoe, nor will it constitute an adverse
modification of critical habitat.
Conclusion. Based on our review of the information provided, we do not object to the proposed access
area plans. Given the proximity of this project to aquatic environments, we want to emphasize that
stringent measures should be in place to control sediment and erosion. We look forward to working with
you and Duke Energy to ensure that our recommendations are implemented and that impacts to fish and
wildlife resources are minimized. If you have specific questions concerning these comments, please
contact me at 828/258 -3939, Ext. 227. In any future correspondence concerning this project, please
reference our Log Number 4 -2 -07 -242.
Sincerely,
- original signed —
Mark A. Cantrell
Fish & Wildlife Biologist
2
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JACKSON COUNTY LAND DISTURBANCE APPLICATION
* *One -Half (1/2) or More Acres **
Financial Responsibility /Ownership Form
401 Grindstaff Cove Road, Suite A -258, Sylva, North Carolina 28779
Phone #: 828 -631 -2261 Fax #: 828 -631 -2262
No person may initiate a land- disturbing activity on one or more acres as covered by the Act before this form and an
acceptable erosion and sedimentation control plan has been completed and approved by the Jackson County Erosion
Control Officer.
• Please type or print, and if any question is not applicable, place N/A in the blank.
• Submit three (3) copies of the plan and appropriate fee as follows:
%S o 4150 r % (one -half) to 1 acre
o $75 per acre for one (1) to three (3) acres
o $125 per acre for three (3) to five (5) acres
o $150 per acre for five (5) acres or more
Note. Any pordon ojan acre will be rounded to the next whole acre.
• A surety bond is required for any disturbance of five (5) acres or more
Part A
1. Project Name: I ucKasegee Powerhouse Access Area U
2. Property PIN Number 7567 -70 -7514
3. Location of land- disturbing activity: City or Township
Highway /Street 41 Disney Lane
4. Approximate date land - disturbing activity will be commenced
5. Purpose of development (residential, commercial. Industrial, etc.) Commercial
6. Total acreage disturbed or uncovered (including off -site borrow and waste areas) 0.70
7. Amount of fee enclosed $.60.= -7 S: 0 0
8. Has an erosion and sedimentation control plan been filed? Yes — No Enclosed _
9. Person to contact should sediment control issues arise during land- disturbing activity
Name Travis L. Sinclair Telephone 704- 382 -6920
10. Landowners(s) of Record (Use blank page to list additional owners)
Name (s) Nanatahala Power & Light Co.
Current Mailing Address PO Box 1007 Charlotte NC 28201
Current Street Address 526 S. Church St. Charlotte NC 28201
Part B
1. Person(s) or firm(s) who are financially responsible for this land- disturbing activity
Duke Energy Carolinas, LLC
Name
PO Box 1006
Mailing Address
Charlotte NC 28201 -1008
City State Zip Code
704 - 382 -6920
Street Address
City State Zip Code
Telephone Telephone
2. (a) If the Financially Responsible Party is not a resident of North Carolina, please give
name and street address of a North Carolina Agent.
Name
Mailing Address Street Address
City State Zip Code City State Zip Code
(b) If the Financial Responsible Party is a Partnership or other person engaging in
business under an assumed name, attach a copy of the certificate of assumed name.
If the Financial Responsible Party is a Corporation, give name and street address of
the Registered Agent.
Travis L. Sinclair
Name of Registered Agent
PO Box 1006
Mailing Address Street Address
Charlotte NC 28201 -1006
City State Zip Code City State Zip Code
704- 382 -6920
Telephone Telephone
The above information is true and correct to the best of my knowledge and belief and was provided by me under
oath. (This form must be signed by financially responsible person if an individual or his attorney -in -fact or if
not an individual by an ofncer, director, partner, or registered agent with authority to execute instruments
for the financially responsible person). 1 agree to provide corrected information should there be any changes in
the information provided herein.
Travis L. Sinclair
Type or Print Name
/nature '
Title or Authority
it , A Notary Public of the County of
,
State of North Carolina, hereby certify that _rTa appeared
personally before me this day and being duly sworn acknowledged that the above form was executed by Him/Her.
V4
Witness my hand and notarial seal, this J& day of
r
No
Seal
�s MY
Expires
20YI.
,• • , , • , •• , JACKSON COUNTY PLANNING OFFICE p� o I .� p` /o�L
401 Grfndsteli Cove Road, Butts AM
Sylva, N.C. 28779 Application Number
Plane: 828 631,2261
Fox: 828. 631.2262
LAND DEVELOPMENT APPLICATION Building Permit Number
Please PRINT AMInformadon Clearly Environmental —Health Permit Number
-11 1
758770.7514
ation Date:
0211/2018
a
41 Disney Lane
apecift ons to altei.—
°^ Name.
Low on o Phone um ,
704 - 382 -6920
Lot u r.
p:
JNA
GontrabW s
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CWbwhee 5 Mile
9
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is This Site Within: atershed Floodplain Cashiers Dev. District Protected Ridge
HOMO. lations;
(864) 229-5211
=VIA I ION
rope a owners as on MX Parse :
Nanatahala Power and Light Co.
owners
'
o owners mulng .
PO Box 1007
Local
Charlotte NC 28201.1007
e o e:
Travis Sinclair
Low on o Phone um ,
704 - 382 -6920
Local ContBCtW e .
Lake ServkxwEC1201po Box 1006
Charlotte
GontrabW s
INC
28201.1008
o e:
e.
Davis & Floyd, Inc.
HOMO. lations;
(864) 229-5211
AM:
0.70
Utilities:
on:
Onrod boat pa tbV psmV area Wft AM
emoubb ooncrefe pm"V apace and WOWS* down to a 75' boat ramp. DISM Lane VA be paved from NC 107 b ale 8XISSM Drifts.
COM of mpwve
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0.70
Utilities:
over r:
Ouke Energy
13TWSA
Well CISOPIUc
er (Please speclW n
O SINGLE FAMILY RESIDENCE
O MULTI FAMILY DEVELOPMENT
O NEW
O NEW
O EXISTING
O EXISTING
O ADDITION
O NEW
O EXISTING
O MANUFACTURED HOME
O ACCESSORYSTRUCTURE
O NEW
O EXISTING
O MOBILE HOME PARKS
O CASHIER'S COMMERCIAL DISTRICT
O NEW
O NEW
O EXISTING
O EXISTING
(3 RETAIL/OFFICE BUILDING
O NEW
O NEW
O EXISTING
O EXISTING
O INTERIOR REMODELING OR REPAIRS ONLY (COMPLIANCE
O INDUSTRIAL DEVELOPMENT
O NEW
O EXISTING
PFRMITNOTREg mtED)
MISCELLANEOUS:
O HEAVYCOMMERCIAL
O SUBDIVISION DEVELOPMENT
O NEW
O NEW
O EXISTING
O EXISTING
O ELECTRICAL
O MECHANICAL
O NEW
O EXISTING
O JUNK YARD
O OFF PREMISE SIGN
O NEW
O NEW
O EXISTING
O EXISTING
O PLUMBING
O NEW
O NEW
O EXISTING
O EXISTING
O CAMPGROUN D
O NEW
O EXISTING
O CELL TOWER
O NEW
O EXISTING
ILE
•
i hereby certify that the Information provided herein, to the best of my knowledge is correct. Any violation of an
approved land use ordinance or regulation may be grounds for revocation of any or all county permits. I acknowledge
that 1 have been Informed ofand tie regulations subject to my property or development.
1 hereby certify that no further action is required by the Planning
Office:
511
Ap v top Wilhimmitting process:
Ph=i for or ElEasignee Date
This permit expires 12 months from the date of approydi
JACKSON COUNTY
FLOODPLAIN DEVELOPMENT PERAGT
Permit Number / 3 _ / D e1 Issuance Date A —A /— % `i PIN — 7
Or Deed Book/fte
In accordance with the Jackson County Flood Damage Prevention Ordinance, a Floodplain Development Permit h hereby granted to:
OLMEWOCNOMMUC
To conduct development activities within the area of special flood hazard on property located at:
41 DhM Low AC
This Permit is issued to the aforementioned Individual, firm% partnership, etc. for the purpose noted above and in accordance with the
Jackson County Flood Damage Prevention Ordinance, Floodplain Development permitwo.13-lock and attachments thereto; and is
subject to the following modifications and/or performance reservations:
Permit issued for the following development only
Excavation: x
Mining:
Utility Construction: X
Nonresidential Construction: _
Other (spectiy): aWW AMU AM
Fill: Grading: X
Dredging: of Equip./Materials
Road Construction: _ Residential Construction: _
Addition: Renovation:
the "th dOw ojthhPmxkso there will be no doubt oJeoprWe unduln Invarce.
2. The lowest floor and all attendant utilities at least 2 feet above the base flood elevation
[NGVD 1929 or NAVD 1988 Mea eons damn
3. Pursuant to Article 4. Section B (S) of the Jackson County Flood Damage Prevention Ordinance, it shall be the duty of the permit
holder to submit to the Floodplainr Administrator the Elevation/Floodproofrng Certification within 21 calendar days of the
floodproofing being completed.
4. Lowest floor be at least two feet above the BFE as determined by a registered land surveyor or provide floodproofing to that same
level and have it certified by a registered design professional licensed In the state of NC.
S. Proper Erosion and Sediment control measures shall be installed and maintained in accordance with Jackson County Sediment
Control Ordinance and the North Carolina State Standards during fill operations.
6. Provide a minimum of two (2) openings in the foundation wall, having a total area of not less than one square inch for every square
foot of enclosed area subject to flooding. The bottom of the openings shall not be greater than one (1) foot above the ground
elevation at the perimeter of the foundation wall. The access area to the crawl space may be utilized to meet these criteria provided
a mesh or screen door Is used.
7. Mobile/Manufactured home shall be installed In accordance with the Jackson County Flood Damage Prevention Ordinance, Article
S, Section B,(2Xb).
8. Upon completion of foundation construction. contact The Planning Office for foundation inspection.
9. This project will not have any Impact that will create change to the flood elevations as noted on the Jackson County flood maps.
Failure to comply with the Jackson Comm& Flood Damage Prowntlon Ordinance, Including any moQlcadons and/or
performance reser w1ons, could result in assessment of clvll penalties or Imitation of c1W1 or criminal court actions as
deJlned hl Section H of the Jackson CoaV Flood Damage Prevention Ordinance..
Issued thisal-¢t day of _r4; rt a e )e 20 /1
Jackson County Planning Office
CFM
Jackson County Erosion /Sediment Control Permit
* *(Less than one 1 acre) *'*
Enforced November 1, 2000
401 Grindstaff Cove Road
Sylva, NC 28779
Phone #: 828-631-2161/631-2256 Fax: 828 -631 -2208
Permit #
Date: 2/20/2013
Pin #: 7567 -70 -7514
Name: Duke Energy Carolinas, LLC
Address: PO Box 1007 Charlotte, NC 28201 -1006
Phone:
Contact Person:
Travis L. Sinclair
Phone: 704- 382 -6920
Location and Directions of less than one acre to be disturbed:
41 Disney Lane 1.6 miles south of NC 281 on NC107
Methods to be used for Erosion Control: [Check option below]
X Silt fence
Berm/Diversions
Temporary gravel construction entrance
X Seeding/Vegetation within 21 days of final grading
Other
Signature:
The above form and information pertains to less than one (1) acre of disturbance. An
approved erosion plan is required for one (1) or more acres of disturbance.. Failure to
comply shall result in a Class 2 misdemeanor which may include a fine not to exceed
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