20071473 Ver 1_Public Notice_20071010

o`1- 073
`'" PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: October 4, 2007
Comment Deadline: November 2, 2007
Corps Action ID #: 2007-02951-322
The Wilmington District, Corps of Engineers (Corps) has received an application from Duke
Energy Corporation, represented by Mr. Joseph W. Carriker, seeking Department of the Army
authorization to impact 0.03 acre of waters of the United States in order to construct a boat ramp
on the Hiwassee River in Clay County, North Carolina.
Specific plans and location information are described below and shown on the attached plans.
This Public Notice and all attached plans are also available on the Wilmington District Web Site
at www.saw.usace.army.mil/wetlands
Applicant: Duke Energy Services
Lake Services
Attention: Mr. Joseph Carriker
Post Office Box 1006
Charlotte, North Carolina 28201
Agent: Davis & Floyd, Inc.
Attention: Mr. R.L. Powell
Post Office Drawer 428
Greenwood, South Carolina 29648
Authority
rL= 19" , i
0cT 1 2007
DL; -',NR - WATER QUALITY
WETLANW AND STORwA1N� i €A BRANCH
The Corps will evaluate this application and a decide whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act
(33 U.S.C. 1344) .
Location
The project area is located on the Hiwassee River on Mission Dam Road near Hayesville, Clay
County, North Carolina. Coordinates of the site are 35.0665 north and -83.9266 west.
Existing Site Conditions
The Hiwassee River is approximately 220 ft wide at the project area. The area is rural and low
density residential. The Mission Dam is located approximately 700 ft to the east of the project
area.

Applicant's Stated Purpose
To construct this project in order to satisfy Federal Energy Regulatory Commission (FERC)
licensing requirements.
Project Description
The proposed project consists of permanently impacting (filling) 0.03 acre of the Hiwassee River
in order to construct an 80 x 16 ft boat ramp. Approximately 50 ft of the ramp would extend into
the river at or below the ordinary high water mark (OHWM) in order to achieve a water depth of
1.5 feet at the end of the boat ramp. The maximum grade of the boat ramp would be 15 percent.
250 cubic yards of rip rap and 31 cubic yards of cement would be used in construction of the
entire boat ramp (both on the upland and in the river); 200 cubic yards of rip rap and 20 cubic
yards of cement would extend into the river at or below the OHWM.
A gravel parking lot would also be constructed as part of this project, but no part of this parking
lot would impact waters of the United States.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate State
agencies for review. The Corps will generally not make a final permit decision until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and
this public notice combined with appropriate application fee at the North Carolina Division of
Water Quality central office in Raleigh will constitute initial receipt of an application for a 401
Water Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to act on
this request for certification within sixty days of the date of the receipt of this notice in the
NCDWQ Central Office. Additional information regarding the Clean Water Act certification
may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321
Crabtree Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make
comments regarding the application for certification under Section 401 of the Clean Water Act
should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ),
2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260 Attention: Ms Cyndi Karoly by
November 2, 2007.
In addition, this project may be located in a watershed subject to Tennessee Valley Authority
(TVA) permit requirements pursuant to Section 26a of the TVA Act. This Public Notice and all
application materials are being forwarded to Angela Sims, 221 Old Ranger Road, Murphy, North
Carolina 28906. Questions or comments regarding Section 26a permit requirements should be
directed to the above address.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic Places
and is not aware that any registered properties, or properties listed as being eligible for inclusion
OA

therein are located within the project area or will be affected by the proposed work. Presently,
unknown archeological, scientific, prehistoric, or historical data may be located within the
project area and/or could be affected by the proposed work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the applicant and
consulted the latest North Carolina Natural Heritage Database. Based on available information,
the Corps has determined pursuant to the Endangered Species Act of 1973, that the proposed
project will have no effect on federally listed endangered or threatened species or their formally
designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The
benefit which reasonably may be expected to accrue from the proposal must be balanced against
its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof; among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife
values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of the
impact of the activity on the public interest will include application of the Environmental
Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidate State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps of Engineers to
determine whether to issue, modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic properties, water
quality, general environmental effects and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be

granted, unless the District Engineer determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received by the
Corps of Engineers, Wilmington District, until 5pm, November 2, 2007. Comments should be
submitted to Asheville Regulatory Field Office, Attn: Ms. Lori Beckwith, 151 Patton Avenue,
Room 208, Asheville, North Carolina 28801-5006.
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1610
CLASS "B'! RIPRAP
1600 ` ' ' ' ' ' ' 1600
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1620 ........... ..... 1620
1670 --- •--• -- 1610
FINISH GRADE
1600 1600
-30 -20 -10 0 10 20 30
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CROSS SECTIONS
1640 ----•---- 1640
1630 .. 1630
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1600 1600
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