HomeMy WebLinkAbout20140772 Ver 1_401 Application_20140714DINVIS
FLtfVD
July 23, 2014
Serial No. WGH- 041 -14
NC DWR, 401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 2799 -1650
Re: Application for Coverage under Nationwide Permit — 36
East LaPorte River Access Park Upgrades — Boat Ramp
6912 Hwy 107, Cullowhee, NC 28723, Jackson County
D &F Job Number: 010561.38
To Whom It May Concern:
Davis & Floyd, Inc. on behalf of Duke Energy Carolinas, LLC is pleased to submit the following
application for coverage under Nationwide Permit (NWP) — 36 (Boat Ramps) at the East LaPorte
River Access Park on the Tuckasegee River at 6912 Hwy 170, Cullowhee, NC. The US
Government (TVA Land Branch) is the owner of the property. Jackson County holds a license that
permits Jackson County to use the U.S. Government property for public recreation purposes,
Jackson County owns the additional land adjacent to the property and operates the East LaPorte
River Access Park. Duke Energy Carolinas, LLC has an agreement with Jackson County as part
of the Tuckasegee Cooperative Stakeholder Team Settlement Agreement approved in 2003 to
make upgrades at the site. Improvements near the shoreline include the addition of a concrete
boat ramp. This PCN package is being submitted to NCDENR -DWR requesting 401 Water Quality
Certification. The required application fee of $240 is enclosed.
The plans for the project have been reviewed and conceptually 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 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: whunterCo)-davisfloyd.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
f lfi WATER QUALITY
Engineering I Architecture I Environmental j Laboratory
1319 Highway 721221 East Greenwood, SC 29649 [864] 229 5211
davisfloyd.com
DAVIS
FLOVD
July 23, 2014
Serial No. WGH- 040 -14
Mr. David Brown
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801 -5006
Re: Application for Coverage under Nationwide Permit — 36
East LaPorte River Access Park Upgrades — Boat Ramp
6912 Hwy 107, Cullowhee, NC 28723, Jackson County
D &F Job Number: 010561.38
Dear Mr. Brown:
Davis & Floyd, Inc., on behalf of Duke Energy Carolinas, LLC is pleased to submit the following
application for coverage under Nationwide Permit (NWP) — 36 (Boat Ramps) at the East LaPorte River
Access Park on the Tuckasegee River at 6912 Hwy 170, Cullowhee, NC. The US Government (TVA
Land Branch) is the owner of the property. Jackson County holds a license that permits Jackson County
to use the U.S. Government property for public recreation purposes, Jackson County owns the
additional [and adjacent to the property and operates the East LaPorte River Access Park. Duke Energy
Carolinas, LLC has an agreement with Jackson County as part of the Tuckasegee Cooperative
Stakeholder Team Settlement Agreement approved in 2003 to make upgrades at the site. 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 3) discharged below the ordinary high water
mark (OHWM) and provided the boat ramp does not exceed 20 feet in width. Total estimated quantity of
materials to discharged below the OHWM is 17.6 yd (7.8 yd of concrete and 9.8 yd3 of stone). The total
area impacted below the normal river level is estimated to be 0.0113 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 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
JU!_ 20114
5ENR duALFF .
Engineering i Architecture Environmental Laboratory
1319 Hwy 72 221 East Greenwood, SC 29649 [864] 229 5211
www.davisfloyd.com
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PAID
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
X❑ Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: NWP -36 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
NX 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes X❑ No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes X❑ 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 ❑X No
2.
Project Information
2a.
Name of project:
EAST LAPORTE RIVER ACCESS PARK UPGRADES
2b.
County:
JACKSON
2c.
Nearest municipality / town:
CULLOWHEE, NC
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
UNITED STATES GOVERNMENT
3b.
Deed Book and Page No.
546/476 U `_
3c.
Responsible Party (for LLC if
applicable):
TVA LAND BRANCH
3d.
Street address:
464 LUPTON DRIVE f
3e.
City, state, zip:
CHATTANOOGA, TN 37415 dvdar8 Stomnvaf�r Branch
3f.
Telephone no.:
(704) 382 -8849
3g.
Fax no.:
(704) 382 -8614
3h.
Email address:
JOSEPH.CARRIKER @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 Q Other, specify SENIOR ENGINEER
4b
Name
JOSEPH W CARRIKER
4c
Business name
(if applicable)
DUKE ENERGY CAROLINAS, LLC
4d
Street address
526 SOUTH CHURCH STREET
4e
City, state, zip
CHARLOTTE, NC 28201
4f
Telephone no
(704) 382 -8849
4g
Fax no
(704) 382 -8614
4h
Email address
JOSEPH CARRIKER @DUKE- ENERGY COM
5
Agent/Consultant Information (if applicable)
5a
Name
5b
Business name
(if applicable)
5c
Street address
5d_
City, state, zip
5e
Telephone no
5f
Fax no
5g
Email address
Page 2 of 10
B
Project Information and Prior Project History
1.
Property Identification
1a
Property Identification no (tax PIN or parcel ID)
7568 -29 -9208
1b
Site coordinates (In decimal degrees)
I Latitude 35 29858 Longitude -83 14751
1c
Property size
4 6000000C acres
2
Surface Waters
2a
Name of nearest body of water to proposed project
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 00000000
3c
List the total estimated linear feet of all existing streams (Intermittent and perennial) on the property 000000000
3d Explain the purpose of the proposed project
See Attachment As part of Agreement between Jackson County, NC and Duke Energy Carolinas, LLC to upgrade East LaPorte River Access Park
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 /
project (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
4c
If yes, who delineated the jurisdictional areas?
Name (If'known) DAVID BROWN
Agency /Consultant Company USACE
Other
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
Mr David Brown visited site on June 5, 2014 and flagged the Ordinary High Water Mark (OHWM) at the location of the new boat ramp Flags were
surveyed and incorporated in the design of the new boat ramp Impact quantities are based on the OHWM elevation
5
Project History
5a
Have permits or certifications been requested or obtained for
this project (Including all prior phases) In the past?
❑ Yes ❑ No ❑ Unknown
5b
If yes, explain In detail according to "help file" Instructions
6.
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
la Which sections were completed below for your project (check all that apply)
❑ Wetlands ❑ Streams — tributaries Q 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
Temporary T
2b
Type of impact
2c
Type of wetland
2d
Forested
2e
Type of jurisdiction
Corps (404,10) or
DWQ (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
W4 -
Choose one
Choose one
Yes /No
-
W5
Choose one
Choose one
Yes /No
-
W6 -
Choose one
Choose one
Yes /No
-
2g 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 (INT)?
3e
Type of
jurisdiction
3f
Average
stream
width
(feet)
3g
Impact
length
(linear
feet)
S1 P
Fill
Tuckasegee River
PER
Corps
120 00000000
18 00000000
S2
Choose one
-
S3 -
Choose one
-
S4 -
Choose one
-
-
S5 -
Choose one
-
-
S6 -
Choose one
-
-
3h Total stream and tributary impacts
18 00000000
31 Comments
Impacts include —18' along the shoreline to account for the width of the 14' concrete boat ramp and up to 2' of rock (np -rap) around the sides of the
ramp Total area of impact is —0 0113 -acres Total volume of fill materials below the OHWM level which includes concrete ramp (7 8 CY) and stone /rip-
rap (9 8 CY) under and around ramp is —17 6 CY These quantities are below allowable limits for NWP -36 which allows up to 50 cubic yards
Page 4 of 10
PCN Form — Version 14 January 2009
4 Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U S then indiv ually list all open water impacts below
4a
Open water
impact number
Permanent (P) or
Tem ora T
4b
Name of waterbody
(if applicable)
4c
Type of impact
4d
Waterbody
type
4e
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f Total open water impacts
4g Comments
5 Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below
5a
Pond ID number
5b
Proposed use or
purpose of pond
5c
Wetland Impacts (acres)
5d
Stream Impacts (feet)
5e
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f Total
5g Comments
5h Is a dam high hazard permit required
❑X Yes ❑ No If yes, permit ID no
51 Expected pond surface area (acres)
51 Size of pond watershed (acres)
5k Method of construction
6. Buffer Impacts (for DWQ)
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 mitiqlation, then you MUST fill out Section D of this form
6a. Project is in which protected basing
❑ Neuse ❑X Tar - Pamlico ❑ Catawba ❑X Randleman ❑ Other
6b
Buffer Impact
number —
Permanent (P) or
Temporary T
6c
Reason for impact
6d
Stream name
6e
Buffer
mitigation
required
6f
Zone 1
impact
(square
feet )
6g
Zone 2
impact
(square
feet
B1
Yes /No
B2 -
Yes /No
B3 -
Yes /No
B4 -
Yes /No
B5 -
Yes /No
B6 -
Yes /No
6h Total Buffer Impacts
61 Comments
Page 5 of 10
D. Impact Justification and Mitigation
1 Avoidance and Minimization
la Specifically describe measures taken to avoid or minimize the proposed Impacts in designing project
Duke Energy's Tuckasegee Cooperative Stakeholder Team (TCST) Settlement Agreement was reviewed and signed by Federal, State, Local
agencies, and stakeholders in October 2003 This settlement included these specific upgrades at the East LaPorte River Access Park and are part of
an agreement between Jackson County and Duke Energy Carolinas, LLC The NWP -36 allows for limited fill material to construct the boat ramp This
project is below limits allowed by NWP -36 (ramp size, use, etc)
lb Specifically describe measures taken to avoid or minimize the proposed Impacts through construction techniques
Appropriate best management practices will 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 Q Corps
2c If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3 Complete if Using a Mitigation Bank
3a Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type Choose one
Type Choose one
Type Choose one
Quantity
Quantity
Quantity
3c Comments
4 Complete if Making a Payment to In -lieu Fee Program
4a Approval letter from in -lieu 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
5. 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
6. Buffer Mitigation (State Regulated Riparian Buffer Rules)— required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ❑ No
buffer mitigation?
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
6c
6d
6e
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(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,
permittee 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?
lb
If yes, then is a diffuse flow plan included? If no, explain why
❑ Yes Q No
2
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
00000000 %
2b
Does this project require a Stormwater Management Plan?
❑ Yes ❑ No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan
Land disturbance activities have been reviewed with Jackson County representatives and conceptually approved Appropriate sediment & erosion
control
measures will be utilized including silt fencing and landscape buffers Sediment & erosion control BMPS
will be inspected very seven (7)
calendar days Any needed maintenance will be performed as soon as practicable or as needed and before the next storm event whenever
practicable Removed trapped sediment will be removed from the or stabilized on site
2e
Who will be responsible for the review of the Stormwater Management Plan?
3
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
JACKSON COUNTY, NC
❑ Phase II
❑ NSW
3b
Which of the following locally - implemented stormwater management programs
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other See attachment
3c
Has the approved Stormwater Management Plan with proof of approval been
F1 Yes ® No
attached?
4
DWQ Stormwater Program Review
❑Coastal counties
ZHQW
4a
Which of the following state - implemented stormwater management programs apply
❑ORW
(check all that apply)
E] Session Law 2006 -246
❑X Other
4b
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5
DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑X No
Page 8 of 10
PCN Form — Version 1 4 January 2009
F.
Supplementary Information
1
Environmental Documentation (DWQ Requirement)
la
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes Q No
use of public (federal /state) land'?
1 b
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)?
1c
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
❑ Yes ❑ No
letter )
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,
❑ Yes 0 No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b
Is this an after - the -fact permit application?
El Yes ® 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
El Yes ® No
additional development, which could impact nearby downstream water quality'?
3b
If you answered "yes" 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
5 Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
5c If 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 elktoe is located in
a downstream reach of the Tuckasegee River He concluded the project will have no effect on the Appalachian elktoe See attached letter
6. Essential Fish Habitat (Corps Requirement)
6a WIII this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Mr mark Cantrell of USFWS Asheville Field Office reviewed data and indicated that the protect will not impact essential fish habitat See attached
letter
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
❑ Yes ® 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 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 See attached
8. Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA - designated 100 -year floodplain?
® Yes ❑ No
8b If yes, explain how project meets FEMA requirements
NWP -36 allows construction of boat ramps within the 100 -year floodplain Conceptual plans of the project have been reviewed and approved by
Jackson County representatives Appropriate Jackson County Floodplain Development Permit will be obtained prior to any construction activities
There are no life /safety issues associated with the project construction and no occupiable structures are proposed
8c What source(s) did you use to make the floodplain determination?
Review of FEMA Flood Insurance Rate Map for Jackson County, NC, Community Panel No 7568, Map Number 3700756800J, Effective Date April
19, 2010 See attached
JOSEPH W CARRIKER
)C'teA
v -
70 4—
Applicant/Agent's Printed Name
Date
Appltcant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided
Page 10 of 10
Attachment for Pre - Construction Notification (PCN) Application -
East LaPorte River Access Park Upgrades — New Boat Ramp
A. Application Information
2a Name of Project East LaPorte River Access Park Upgrades
3a Names recorded on Deed United States Government (TVA Land Branch)
B. Project Information and Prior Project History
B3 Project Description
3a Existing conditions at the site are generally grassed with the gravel parking area
There is a bathroom, picnic pavillion, a basketball court and a volleyball court The
project site area is bounded on the west by the Tuckasegee River and on the east
by Hwy 107 and several businesses Adjacent properties to the south was the
Caney Fork that enters the Tuckasegee River and residential mobile homes
Adjacent property to the north was undeveloped land
3d The purpose of this project is provide the public with a boat ramp access area at the
East Laporte River Access Park near Cullowhee, NC The project is within Duke
Energy's Tuckasegee Cooperative Stakeholder Team (TCST) Settlement
Agreement As part of their settlement agreement, that was reviewed and signed by
Federal, State, Local agencies, and stakeholders in October 2003, Duke Energy
has agreed to make improvements and upgrades along the Tuckasegee River
These specific upgrades at the East LaPorte River Access Park are part of an
agreement between Jackson County and Duke Energy Carolinas, LLC This new
boat ramp will be used by the public to provide access for drift boats, canoes, ion
boats, kayaks, and other recreastional boats into the Tuckasegee River See
attached agreement
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 25 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 Tuckasegee River
Approvals for land disturbance activities and floodplain development permits will be
obtained from Jackson County as required A copy of agreement between Jackson
County, NC and Duke Energy Carolinas, LLC to upgrade the East LaPorte River
Access Park is attached to PCN
Page 1 of 2
E. Stormwater Management & Diffuse Flow Plan (required by DWQ)
3 Certified Local Government Review
3b Jackson County has jurisdiction for land disturbance activities Jackson County
representatives have reviewed and approved the conceptual plans for the upgrades
at the site Land Development Application with Jackson County and a Jackson
County Floodplain Development Permit will be obtained prior to any construction
activities at the site A copy of agreement between Jackson County and Duke
Energy to upgrade the East Laporte River Access Park is attached to PCN
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 and there is designated critical habitat He also
identified Candidate species Sicklefin redhorse in the downstream area 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, 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
Page 2 of 2
Site Location Map:
East LaPorte River Acess Park
6912 Highway 107
Cullowhee, NC 28723
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Site Location Map:
East LaPorte River Acess Park
6912 Highway 107
Cullowhee, NC 28723
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4,7
STATE OF NORTH CAROLINA AGREEMENT
COUNTY OF JACKSON BETWEEN JACKSON COUNTY, NC AND
DUKE ENERGY TO UPGRADE THE
EAST LAPORTE RIVER ACCESS PARK
THIS AGREEMENT (this "Agreement ") is made and entered into this _ day of
2014 by and between JACKSON COUNTY ( "County"), and DUKE ENERGY
CAROLINAS, LLC ( "Duke Energy") (collectively hereinafter referred to as "Parties ").
WITNESSETH:
WHEREAS, pursuant to the Tuckasegee Cooperative Stakeholder Agreement dated
October 29, 2003 ( "TCST "), Duke Energy agreed, provided suitable agreements could be
reached with the County, to perform certain activities to facilitate the construction of a gravel
parking area and public boat launch for the recreational benefit of the general public (the
"Recreational Amenities ") at Jackson County's East LaPorte River Access Park, 6912 Highway
107 Cullowhee, North Carolina, the location of which is shown on the map entitled "East
LaPorte Locator Map," attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, the Parties wish to enter into this Agreement to establish their agreement as
to the obligations of Duke Energy and the County with respect to the construction of the
Recreational Amenities.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the
Parties hereby agree to the following:
1. DUKE ENERGY: Duke Energy agrees to provide the following services with
regard to construction of the Recreational Amenities: project management for
final design and the acquisition of all construction- related necessary permits,
including, but not limited to a U.S. Army Corps of Engineers 404 dredge and fill
permit and State water quality 401 certification for navigable waters, erosion
control, driveway encroachments and other construction activities (collectively,
the "Construction Activities "). Duke Energy will utilize design criteria in
accordance with the States Organization for Boating Access ( "SOBA "). The
Recreational Amenities shall be arranged in a manner similar to the "East LaPorte
River Access Park Upgrades Conceptual Plan", attached hereto as Exhibit B and
incorporated herein by reference.
2. COUNTY: The County shall allow Duke Energy, its designated consultants
and/or its designated contractors to provide the Construction Activities. The
County will permit Duke Energy to temporarily close portions of the East LaPorte
River Access Park to safely perform all Construction Activities. The County
agrees to cooperate with Duke Energy as necessary to perform the Construction
Activities, including but not limited to promptly signing any documents that
require the County's signature to obtain necessary permits, upon presentation of
such documents to the County by Duke Energy.
3 The Parties agree that, after completion of the Construction Activities, Duke
Energy will have fulfilled all of its financial and management obligations under
the TCST with regard to the Recreational Amenities.
IN WITNESS WHEREOF, the Parties have executed and delivered this Agreement as
of the date first above written.
[Signatures Continue on Following 2 Pages]
Duke Energy Carolinas, LLC
Witness
h P.,; ii�j _I_
W'itne'ss'
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
By: 5e
e: John Crutc fiel
itle: Director, Publid, Safety & Recreation
Planning Strategy Services
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she signed the foregoing document: John Crutchfield,
Director, Public Safety & Recreation Planning Strategy Services
WITNESS my hand and official seal this day of , 2014.
Date: `
Notary Public
My Commission Expires: ��P„- �/� Q /8' �
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COMM slow EXPIRES
�4a»eo+e
pUBLIG �v
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(County Seal)
NORTH CAROLINA
JACKSON COUNTY
COUNTY OF JACKSON
By:
W. J.,DEBNAM, Chairman
Board of Commissioners
I, , a Notary Public, do hereby certify that
PATSY C. PARRIS personally appeared before me this day, with whom I am personally
acquainted, who, being by me duly sworn, says that she is the Clerk to the Board of
Commissioners of the County of Jackson, and that W. J. DEBNAM is the Chairman of
the Board of Commissioners of Jackson County, the entity which executed the foregoing
and annexed instrument; that she knows the common seal of said County of Jackson; that
the seal affixed to the name of the County of Jackson was subscribed thereto by said
Chairman of the Board of Commissioners and that said Chairman of the Board of
Commissioners and said Clerk to the Board of Commissioners subscribed their names
thereto, and said common seal was affixed by order of the Board of Commissioners, and
said instrument is the act and deed of said County of Jackson.
WITNESS my hand and notarial seal, this � day of --Yc" -e-- 2014.
Notary Public
My Commission Expires:
(NOTARIAL SEAL - STAMP)
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EAST LAPORTE LOCATOR MAP
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EAST LAPORTE RIVER ACCESS PARK UPGRADES - CONCEP'T'UAL PLAN
EXHIBIT B
PS�ENT Of tyF
o�P �ym United States Department of the Interior
N p—o FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
�4RCH 3 Asheville, North Carolina 28801
June 19, 2014
Mr. Wilson G Hunter
Davis & Floyd, Inc
816 East Durst Ave
Greenwood, SC 29649
Dear Mr Hunter
Subject Comments on construction plans, Duke Energy Tuckasegee River East Laporte Access
Area Project, Jackson County, North Carolina
We have reviewed the information provided for construction of facilities to enhance river access
at a site on the Tuckasegee River at East Laporte, an area already managed for recreation in
Jackson County, NC The facilities will be constructed provide river access for small watercraft
The area is located on Hwy 107 about 3 miles east of Cullowhee 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 —25 feet long, 9 -10 inches thick with stone underneath The concrete ramp
will be constructed using a '*poui and push" method, where the lamp 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 Tuckasegee River Approvals for land disturbance activities and
floodplain development permits will be obtained from Jackson County as required prior to
construction activities
Recommendations. We recommend revegetation with native deep- rooted species along th
shoreline adjacent to the ramp Riparian buffers should be 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 We recommend grading to feature a vegetated swale
area (raingarden) for stormwater reduction Again, vegetative plantings should feature native
species
Endangered Species Act. We are familiar with the site We have records of the endangered
Appalachian elktoe (Alasmidonta ravenehana) 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 distance 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 According to our records and a review of the information you provided, no federally
listed species or their habitats occur on the subject site Therefore, we believe the requirements
under section 7 of the Endangered Species Act are fulfilled However, obligations under
section 7 of the Endangered Species Act must be reconsidered if (1) new information reveals
impacts of this identified action that may affect listed species or critical habitat in a manner not
previously considered, (2) this action is subsequently modified in a manner that was not
considered in this review, or (3) a new species is listed or critical habitat is determined that may
be affected by the identified action
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
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