HomeMy WebLinkAbout20150440 Ver 1_401 Application_20150515May 1, 2015
Mr. David Brown
e=rWaLer
C1earWater Environmental Consultants, Inc.
www.ewenv.com
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -2638
Ms. Karen Higgins
NC DWR 401 & Buffer Permitting Unit
512 N. Salisbury Street, 9"' Floor
Raleigh, North Carolina 27604
RE: Lena Davis Landing
Duke Energy Carolinas, LLC
Jackson County, North Carolina
FERC Project No. 2686
Dear Mr. Brown and Ms. Higgins,
r, t •
ZO 04
The attached Pre - Construction Notification (PCN) is being submitted on behalf of Duke Energy
Lake Services represented by Mr. Joe Carriker. The project site is located off Casey Road in
Cullowhee, Jackson County, North Carolina. The applicant is seeking Nationwide Permit 36 for
impacts associated with construction of a two boat ramps, a parking area, and associated
infrastructure.
Nationwide Permit 36 limits discharge into waters to 50 cubic yards. The applicant would like to
request a waiver from this limitation. The proposed ramp lengths and cubic yardage of base
material are needed to achieve the desired ramp grade: 14 %. Ramp lengths and grades; and ramp
orientation to the flow of the river were mainly determined by site geometry and the need to
match existing grades within the parking area. Vehicle turning and boat trailer maneuvering also
contributed to the final site layout and length of the proposed boat ramps.
Should you have any questions regarding the attached PCN and supplemental information please
do not hesitate to contact me at 828 - 698 -9800. A copy of this package has been sent to Ms.
Andrea Leslie of the NC Wildlife Resources Commission and Mr. Mark Cantrell of the US Fish
and Wildlife Service for review. A copy of this application has also been submitted to Mr. Kevin
Barnett of the NC Division of Water Resources, Asheville Regional Office.
Respectfully,
Rebekah L. Newton
Project Biologist
224 South Grove Street, Suite F
Hendersonville, NC 28792
828 - 698 -9800 Tel
828 - 698 -9003 Fax
R. Clement Riddle, P.W.S
Principal
Copy Furnished:
NC Wildlife Resources Commission — Andrea Leslie
US Fish and Wildlife Service — Mark Cantrell
NC Division of Water Resources — Kevin Barnett
Duke Energy — Joe Carriker
Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name: Lena Davis Landing Tuckasegee River Access
2. Name of Property Owner /Applicant: Duke Energy Lake Services; Attn: Mr. Joe
Carriker
3. Name of Consultant/Agent: ClearWater Environmental Consultants, Inc.
*Agent authonzation needs to be attached.
4. Related /previous Action ID numbers(s): 2008 -03037
5. Site Address: Casey Road
6. Subdivision Name: N/A
7. City: Cullowhee
8. County: Jackson
9. Lat: 35.3148 ON Long: 83.1757 °W (Decimal Degrees Please)
10. Quadrangle Name: Sylva South
11. Waterway: Tuckasegee River
12. Watershed: Little Tennessee
13. Requested Action:
_X—Nationwide Permit # 36
Individual Permit
General Permit #
Jurisdictional Determination Request
Pre - Application Request
The following information will be completed by the Corps office:
AID:
Prepare File Folder Assign number in ORM Begin Date
Authorization: Section 10 Section 404
Project Description/Nature of Activity /Project Purpose:
Site/Waters Name:
Keywords:
(� DUKE
ENERGY
March 24, 2015
WATER STRATEGY, HYDRO LICENSING
and LAKE SERVICES
Department of the Army NCDENR
Wilmington District, Corps of Engineers NC DWR, Webscape Unit
Attn: Scott McLendon, Chief Regulatory Division Attn: Karen Higgins
PO Box 1890 512 North Salisbury Street
Wilmington, NC 28402 -1890 Raleigh, North Carolina 27604
Reference: Lena Davis Landing Tuckasegee River Access
91 Casey Road, Cullowhee, NC, Jackson County
(Latitude: 35.3148 ° Longitude - 83.1757 9
Duke Energy Carolinas, LLC
EC12Q / 526 South Church Street
Charlotte, NC 28202 -1802
Mailing Address
EC1201 / P O Box 1006
Charlotte, NC 28201 -1006
Duke Energy proposes to construct upgrades to the Lena Davis Landing Tuckasegee River Access, which is a
cooperative project with Western Carolina University, The Tennessee Valley Authority (TVA), and Tuckaseigee
Water and Sewer Authority, to enhance public recreation opportunities on the Tuckasegee River in Cullowhee,
NC. The project is within Duke Energy's Tuckasegee Cooperative Stakeholder Team (TCST) Settlement
Agreement being the culmination of the numerous Stakeholders' desire, as set forth in the September 23, 2003
Consensus Agreement, to see the fulfillment of, in contractual terms, the concepts described and to which the
Parties agreed in the Settlement Agreement for new Federal Energy Regulatory Commission (FERC)
hydroelectric licenses, issued May 1, 2011, for the West Fork FERC Project No. 2686 and East Fork FERC
Project No. 2698.
As part of the settlement agreement, that was reviewed and signed by Federal, State, Local agencies, and
stakeholders in 2003, Duke Energy agreed to construct an upstream take -out and downstream put -in for drift boat
and canoe access at Cullowhee Dam, provided suitable agreements can be reached with the property owners.
Duke Energy anticipates to finalize the lease for the portion of the property owned by the State of North Carolina
and administered by Western Carolina University and a land use operating agreement for the portion of the
property owned by TVA in the next few weeks. A lease for using a portion of the property owned by the
Tuckaseigee Water and Sewer Authority has been executed for Duke Energy. Construction will not commence
until the arrangements for utilizing all three properties are completed.
I, Joseph W. Carriker, P.E., Duke Energy's current Project Manager for the project, hereby authorize ClearWater
Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the processing of jurisdictional
determination requests and permits to impact Wetlands and Water of the US subject to Federal jurisdiction under
Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. CEC is
authorized to provide supplemental information as needed at the request of the USACE or DWR.
Additionally, I have notified the point of contact for each of the three property owners that I have authorized
representatives of the Wilmington District, US Army Corps of Engineers to enter upon the property herein
described for the purposes of conducting onsite investigations and issuing a determination associated with
Wetlands and Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act of 1899.
Please contact me at phone 704 - 382 -8849 or email Joseph.Carriker @duke - energy.com if you have any questions.
(> DUKE
ENERGY
Sincerely,
Joseph W. Carriker, P. E., Project Manager H
Duke Energy
Water Strategy, Hydro Licensing and Lake Services
Public Safety & Recreation Strategy Planning Services - EC12Q
PO Box 1006
Charlotte, NC 28201 -1006
cc: Rebecca Newton - C1earWater Environmental Consultants, Inc.
Wiatt Wehunt — Barge Waggoner Sumner & Cannon, Inc.
Joe Walker — Western Carolina University
Everette Moore — NC State Property Office
Keri Chartrand — The Tennessee Valley Authority
Dan Harbaugh — Tuckseigee Water and Sewer Authority
WATER STRATEGY, HYDRO LICENSING
and LAKE SERVICES
Duke Energy Carolinas, LLC
EC12Q / 526 South Church Street
Charlotte, NC 28202 -1802
Mailing Address
EC12Q / P O Box 1006
Charlotte, NC 28201 -1006
o�oF w a rF9�c
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
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: 36 or General Permit (GP) number:
1c. 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
1e. 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 N 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.
El Yes
No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
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:
Lena Davis Landing
2b. County:
Jackson
2c. Nearest municipality / town:
Cullowhee
2d. Subdivision name:
n/a
2e. NCDOT only, T.I.P. or state
project no:
n/a
3. Owner Information
3a. Name(s) on Recorded Deed:
See Attachment A 4
3b. Deed Book and Page No.
1
3c. Responsible Party (for LLC if
applicable):
.�
3d. Street address:
3e. City, state, zip:
�ONR - WATER RESOURCES
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
1. Owner Information
3a. Name(s) on Recorded Deed:
State of North Carolina (Western Carolina University)
3b. Deed Book and Page No.
None listed.
3c. Responsible Party (for LLC if
applicable):
Everett Moore
3d. Street address:
PO Box 878
3e. City, state, zip:
Angier, North Carolina 27501
3f. Telephone no.:
n/a
3g. Fax no.:
n/a
3h. Email address:
n/a
2. Owner Information
3a. Name(s) on Recorded Deed:
United States of America (Tennessee Valley Authority) c/o FHA
3b. Deed Book and Page No.
517/183
3c. Responsible Party (for LLC if
applicable):
Ked Chartrand
3d. Street address:
5 West Main Street
3e. City, state, zip:
Franklin, North Carolina 28734
3f. Telephone no.:
n/a
3g. Fax no.:
n/a
3h. Email address:
n/a
3. Owner Information
3a. Name(s) on Recorded Deed:
Tuckasegee Water and Sewer Authority
3b. Deed Book and Page No.
842/613
3c. Responsible Party (for LLC if
applicable):
Dan Harbaugh
3d. Street address:
1246 West Main Street
3e. City, state, zip:
Sylva, North Carolina 28779
3f. Telephone no.:
n/a
3g. Fax no.:
n/a
3h. Email address:
n/a
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify:
4b. Name:
Joseph Carriker
4c. Business name
(if applicable):
Duke Energy
Water Strategy, Hydro Licensing and Lake Services
Public Safety & Recreation Strategy Planning Services — EC12Q
4d. Street address:
PO Box 1006
4e. City, state, zip:
Charlotte, North Carolina 28201
4f. Telephone no.:
704 - 382 -8849
4g. Fax no.:
n/a
4h. Email address:
Joseph.Carriker @duke - energy.com
5. Agent/Consultant Information (if applicable)
5a. Name:
Mr. R. Clement Riddle
5b. Business name
(if applicable):
ClearWater Environmental Consultants, Inc.
5c. Street address:
224 South Grove Street, Suite F
5d. City, state, zip:
Hendersonville, North Carolina 28792
5e. Telephone no.:
828 -698 -9800
5f. Fax no.:
n/a
5g. Email address:
clement @cwenv.com
Page 2 of 11
PCN Form — Version 1 3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 7559 -45 -4790, 7559 -45 -7664, an d 7559 -55 -0610
1 b. Site coordinates (in decimal degrees): Latitude: 35.315278 Longitude: 83.175833
(DD DDDDDD) ( -DD DDDDDD)
1 c. Property size: +/_ 2.2 AC
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project-
Tuckasegee River
2b. Water Quality Classification of nearest receiving water:
Upstream of dam — WS -III, B, Tr, CA
Downstream of dam — B; Tr
2c. River basin:
Little Tennessee
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: The site contains an old powerhouse, dam, and substation; two sets of river access steps (upstream and
downstream of the dam); and a U- shaped gravel driveway /parking General land
area. use in the vicinity is commercial
and residential. Western Carolina University is approximately two blocks from the project site. Photographs of the site
are included in Attachment B.
3b. List the total estimated acreage of all existing wetlands on the property-
0 acres of wetlands.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 165 linear feet of stream and approximately 550 linear feet of Tuckasegee River frontage.
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct upgrades to the existing Lena Davis Landing. Site improvements
include construction of two boat ramps, installation of one culvert, and construction of a parking area
3e. Describe the overall project in detail, including the type of equipment to be used:
The applicant proposes to construct two boat ramps that will extend into the Tuckasegee River. Boat Ramp #1 (Impact
#1) will be located upstream of the Cullowhee Dam and will extend approximately 29 linear feet into the river and impact
an area of 836 square feet (0.02 acre). Total fill below the plane of ordinary high water for Boat Ramp #1 is 35 cubic
yards. Boat Ramp #2 (Impact #2) will be located downstream of the Cullowhee dam and will extend approximately 15
linear feet into the river and impact an area of 950 square feet (0.02 acre). Total fill below the plane of ordinary high
water for Boat Ramp #2 is 40 cubic yards. One culvert (Impact #3) will be installed beneath Boat Ramp #2. This will be a
36 -inch reinforced concrete pipe with headwalls at each end; total length of the headwalls
culvert and will be 32 feet.
Additionally, the applicant proposes to knock out a weir in the existing rock retaining wall to alleviate the pooling of water
behind the wall caused by an open emergency spillway valve adjacent to the dam and flow from an unnamed tributary.
Construction of the proposed boat ramps will involve grading, forming concrete slabs for the ramps, pushing concrete
slabs into place, installing aprons, and backfilling around the ramp. All stone (class B riprap, 5 -15" diameter stone) will be
compacted by a grade -all or dozer. Rock material placed underwater will be compacted and leveled using the bucket on
the grade -all. The ramp forms and concrete slabs will be constructed, poured, and cured out of the water. The cured
ramps will be slid into place by a 30- degree bevel and a dozer. Backfilling will be done using additional surge stone, and
lightly packing it with a backhoe bucket.
Additional infrastructure associated with this project includes a small asphalt parking area with spaces for single cars and
those pulling boat trailers; and a turn - around.
Scopmg letters soliciting comments for the proposed project were sent to multiple agencies in January of 2015. All
Scoping Comments are included in Attachment C.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version
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?
Comments:
El Yes ®No El Unknown
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):
Agency /Consultant Company:
Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5.
Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
El Yes ®No El 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 4 of 11
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1a. 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.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non404, other)
(acres)
Temporary T
W 1 ❑ P [:IT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
El No
El DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
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.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) ) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ®P ❑ T
Boat Ramp
Tuckasegee
® PER
❑ INT
® Corps
® DWQ
120
16 (35CY)
S2 ®P ❑ T
Boat Ramp
Tuckasegee
® PER
❑ INT
® Corps
® DWQ
120
14 (40CY)
S3 ® P ❑ T
Culvert
UT Tuckasegee
® PER
❑ INT
® Corps
® DWQ
3
32 5 CY
( )
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
62 (80CY)
3i. Comments:
Page 5 of 11
PCN Form — Version 1.3 December 10, 2008 Version
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 individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number -
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Pond ID
Proposed use or purpose
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
number
of pond
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes El No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. 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 mitigation, then you MUST fill out Section D of this form.
6a.
E] Neuse ❑ Tar-Pamlico F-1 Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number -
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
61 ❑ PEI T
El Yes
❑ No
B2 ❑ PEI T
El Yes
❑ No
B3 ❑P ❑T
❑Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Proposed boat ramps are utilizing as much upland area as possible before extending into the river. The upstream boat ramp
is approximately 48 feet long but only extends approximately 29 linear feet into the river and the downstream boat ramp is
approximately 65 feet long but only extends approximately 15 feet into the river. The proposed ramp lengths and cubic
yardage of base material are needed to achieve the desired ramp grade: 14 %. Ramp lengths and grades; and ramp
orientation to the flow of the river were mainly determined by site geometry and the need to match existing grades within the
parking area. Turning and boat trailer maneuvering also contributed to the final site layout and length of the proposed boat
ramps. The proposed culvert utilizes headwalls which reduces the length of the proposed culvert.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The ramp forms and concrete slabs will be constructed, poured, and cured out of the water. The cured ramps will be slid into
place by a 30- degree bevel and a dozer.
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
El 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
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:
❑ warm ❑ cool ❑cold
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 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version
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
buffer mitigation?
❑ Yes ® 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,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form — Version 1.3 December 10, 2008 Version
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
within one of the NC Riparian Buffer Protection Rules?
❑ Yes ® No
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments:
El Yes El No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
Approx. 30 %.
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:
The Stormwater Management Plan for the site will be reviewed and approved by Jackson County. Jackson County is a
Certified Stormwater Entity under DEMLR.
2e. Who will be responsible for the review of the Stormwater Management Plan?
® Certified Local Government
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a In which local government's jurisdiction is this project?
Jackson County
❑ Phase II
3b. Which of the following locally- implemented stormwater management programs
❑ NSW
apply (check all that apply):
❑ USMP
® Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
4a. Which of the following state - implemented stormwater management programs apply
[I El El ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
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 ❑ No
Page 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal /state /local) funds or the
use of public (federal /state) land? ® Yes ❑ No
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
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, ❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application? ❑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
additional development, which could impact nearby downstream water quality? ❑Yes No
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.
The proposed project includes improvements to a previously developed site. Site usage would not change. The
proposed project would not result in additional development which could impact nearby downstream water quality.
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.
Wastewater will not be generated at the site.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
El 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.
El Raleigh
® Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A scoping letter was sent to Mr. Mark Cantrell of the US Fish and Wildlife Service on January 28, 2015. Mr. Cantrell
responded via email on March 3, 2015 indicating he "[did] not foresee any issues with the design plans" All scoping
comments are included in Attachment C.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
South Atlantic Habitat and Ecosystem IMS. Impact will not occur in a marine system.
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?
A scoping letter was sent to the State Historic Preservation Office (SHPO) on January 28, 2015. Ms. Renee Gledhill -
Early responded by letter on March 5, 2015 indicating that SHPO "[has] no comment on the project as proposed ". All
scoping comments are included in Attachment C.
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: The proposed project must comply with Jackson County's Flood
Damage Prevention Ordinance which applies to lands within the 100 -year floodplain. A Floodplain Development Permit is
required for the proposed project.
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program. Map Panel
3700755900J (effective April 19, 2010).
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided .
Page 11 of 11
PCN Form — Version 1.3 December 10, 2008 Version
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Attachment A
Owner Information
Attachment B
Representative Photographs
Location of downstream boat ramp.
Location of upstream boat ramp.
Existing parking area.
Existing dam and power house.
Attachment C
Scoping Comments
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801 -5006
REPLY TO
ATTENTION OF
February 25. 2015
Regulatory Division
Action ID No.: SAW- 2015 -00363
Duke Energy Carolinas, LLC
Mr. Joseph Carrikaer
EC 12Q
P.O. Box 1006
Charlotte, North Carolina 28201 -1006
Dear Mr. Carriker:
Reference is made to your letter of January 28, 2015, with submitted design
plans /drawings, for the proposed Lena Davis Landing Tuckasegee River Access Project at 91
Casey Road in Cullowhee, Jackson County North Carolina. The letter requested an evaluation of
environmental considerations to jurisdictional waters of the United States (WoUS) that could
involve Department of Army (DA) permitting for the above mentioned work.
We have reviewed your submitted documents and determined the proposed work will
result in impacts to jurisdictional WoUS and require DA authorization pursuant to our regulatory
authority under Section 404 of the Clean Water Act (CWA). Under Section 404 of the CWA,
DA authority regulates discharge of dredge or fill material into WoUS.
The information submitted with your letter did provide detailed data or other information
necessary to verify the size and type of the proposed impacts to jurisdictional waters present
within the proposed work areas. Based upon the review of this information, the recommended
permitting avenues to obtain DA authorization for the proposed project would be through
Nationwide Permit(s) 18 and/or 36 (enclosed).
As you know the type of DA authorization required is determined by the location, type,
and extent of jurisdictional area(s) impacted by the project, and by the project design and work
limits. If changes are made to proposed work from those contained in the documents mentioned
above, the Corps request additional information and data be submitted for the project work limits
and work scope in regard to areas in and around jurisdictional waters for the project which detail
the changes from what has been reviewed by the Corps for this letter. At that time, the Corps
may need to verify the exact extent of impacts of the proposed changes to the project will have to
jurisdictional waters, or to provide specific comments concerning DA permit requirements.
Should you have any further questions related to this matter, please contact me at 828-
271 -7980, extension 232.
Sincerely,
avid Brown, P.G.
Regulatory Specialist
�1M �• ,
North Carolina Department of Cultural Resources
State Historic Preservation Office
Ramona M Bartos, Administrator
Governor Pat McCrory
Secretary Susan Kluttz
March 5, 2015
Christy Churchill
Duke Energy Carolinas, LLC
EC12Q /PO Box 1006
Charlotte, NC 28201 -1006
Office of Archives and History
Deputy Secretary Kevin Cherry
Re: Lena Davis Landing Tuckasegee River Access, 91 Casey Road, Cullowhee, Jackson County,
ER 15 -0224
Dear Ms. Churchill:
Thank you for your letter of January 28, 2015, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579 or
environmental .review(@ncdcr.gov. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
(�� %akduL�C"t
Ramona M. Bartos
Location l(1<) Gaet Jone, Street, Raleigh NC 27601 Matting Address 4617 Mail Service Center, Raleigh NC 27699 -4617 Telephone /Fax (919) 807 - 6570/807 -6599
Carriker, Joseph W
From: Cantrell, Mark <mark_a_cantrell @fws.gov>
Sent: Tuesday, March 03, 2015 10:57 AM
To: Hood, Deborah
Cc: Carriker, Joseph W
Subject: Re: Lena Davis Access Area
* ** Exercise caution. This is an EXTERNAL email. DO NOT open attachments or click links from
unknown senders or unexpected email. * **
Ashlie:
Sorry I have not been able to reply yet.
I do not foresee any issues with the design plans - it looks like the conceptual design what we have discussed at
the site.
Construction impacts should be minimized since the designated critical habitat for the endangered Appalachian
elktoe is immediately downstream of the bridge.
thanks,
Mark A. Cantrell
U.S. Fish & Wildlife Service
160 Zillicoa Street
Asheville, NC 28801
828/258 -3939, ext 227
mobile: 828/215 -1739
On Tue, Mar 3, 2015 at 10:35 AM, Hood, Deborah < Deborah.Hood(-aduke- energy.com> wrote:
Mark,
We submitted the attached Lena Davis plans for review /comment on January 28 and as of today we have not
received a response letter. I know that typically USFWS does provide a response letter so I just wanted to
follow up and with you to confirm that there are no comments and that we can proceed with permitting.
Thanks,
,( DUKE
' ENERGY.
Ashhe Hood, LEED API Project Manager
Duke Energy Carolinas, LLC
Water Strategy. Hydro Licensing and Lake Services
526 S Church Street, - EC 12Q I Charlotte, NC 28202
Office 980- 373 -3974 1 Fax 704 - 382 -4671
From: Carnker. Joseph W
To: Hood. Deborah
Subject: FW. Lena Davis Landing
Date: Tuesday, February 10, 2015 4:32 03 PM
For the file
Thanks,
Joe Carnker
From: Barnett, Kevin [matlto:kevin.barnett @ncdenr.gov]
Sent: Tuesday, February 10, 2015 3:55 PM
To: Carriker, Joseph W
Subject: Lena Davis Landing
* ** Exercise caution. This is an EXTERNAL email. DO NOT open attachments or click
links from unknown senders or unexpected email. * **
Hi Joe:
I hope you are well?
I received the scoping document for the Tuck river access at the Lena Davis Landing.
Other than requiring a 401, 1 see no issues with this project as proposed.
Thanks,
Kevin
Kevin Barnett - Kevin.Barnett(@ncdenr.eov
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Resources - Water Quality Regional Operations Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: 828 - 296 -4500
Fax: 828 - 299 -7043
E -mail correspondence to and from this address may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
From: Leslie. Andrea J
To: Hood. Deborah
Cc: Carriker. ]oseoh W
Subject: RE Lena Davis Plans
Date: Thursday, March 12, 2015 7:36:05 AM
Attachments: imaae002.ona
Thanks Ashley.
Andrea Leslie
Mountain Habitat Conservation Coordinator
NC Wildlife Resources Commission
(828) 296 -4720 (office)
(828) 400 -4223 (cell)
Get NC Wildlife Update -- news including season dates, bag limits, legislative updates and more -- delivered
to your Inbox from the N.C. Wildlife Resources Commission
Email correspondence to and from this sender is subject to the N C Public Records Law and may be disclosed to third parties
From: Hood, Deborah [mai Ito: Deborah. Hood@duke-energy.com]
Sent: Wednesday, March 11, 2015 11:50 AM
To: Leslie, Andrea J
Cc: Carriker, Joseph W
Subject: RE: Lena Davis Plans
Hl Leslie,
Thank you for your comments We will substitute the Tall Fescue seed with a less invasive seed As
far as treating the stormwater, we have maximized the rain garden and are treating as much
rainwater as possible (majority of the parking area) There is an existing powerhouse that will
remain between the parking lot and river that prohibits additional stormwater treatment and
additional plantings I have attached a couple of pictures of the area for reference
Again, thanks for the comments and let me know if you have any further questions
(•� DUKE
ENERGY.
Ashlie Hood, LEED AP I Project Manager
Duke Energy Carolinas, LLC
Water Strategy, Hydro Licensing and Lake Services
526 S Church Street, - EC12Q I Charlotte, NC 28202
Office 980 - 373 -3974 1 Fax 704 - 382 -4671
From: Leslie, Andrea J [ mailto :andrea.leslie(@ncwildlife.ora]
Sent: Tuesday, March 03, 2015 1:20 PM
To: Ferguson, Jeff C; Hood, Deborah; Carriker, Joseph W; Goudreau, Chris J.
Subject: RE: Lena Davis Plans
Hi Ashlie-
have a couple of comments upon review of the plans:
• Tall Fescue is listed as a temporary seed. We strongly recommend against using
this, as it is highly invasive.
• It's great to see the rain garden in the plans. Is it sized to treat the entire
parking lot and other impervious surfaces? If not, can stormwater not directed
to the rain garden be directed to something like grass swales to provide some
treatment?
• Can the 30 -40' space between the river and the parking lot /paved area be
planted in native riparian vegetation including shrubs and trees?
Thank you for the opportunity to weigh in,
Andrea
Andrea Leslie
Mountain Habitat Conservation Coordinator
NC Wildlife Resources Commission
(828) 296 -4720 (office)
(828) 400 -4223 (cell)
Get NC Wildlife Update -- news including season dates, bag limits, legislative updates and more -- delivered
to your Inbox from the N.C. Wildlife Resources Commission
Email correspondence to and from this sender is subject to the N C Public Records Law and may be disclosed to third parties
From: Ferguson, Jeff C T
Sent: Tuesday, March 03, 2015 11:46 AM
To: Hood, Deborah; Carriker, Joseph W; Goudreau, Chris J.
Cc: Leslie, Andrea J
Subject: RE: Lena Davis Plans
Ashlle,
I have reviewed the plan set, and have no comments from an engineering point of view
communicated with Chris, and he has no comments or objections either
Andrea Leslie will review and provide comments during the permit phase I'm not sure if she has
any at this point
Thankyou
Jeff C. Ferguson, PE - Mountain Region Engineer
North Carolina Wildlife Resources Commission
Division of Engineering & Lands Management
171 Southern Cross Rd.
Weaverville, NC 28787
828.231 3517 (mobile)
ieff.ferguson(&ncwildlife.ora
�f /.Ella:
From: Hood, Deborah [ mailto :Deborah.Hood(&duke- energy.com]
Sent: Tuesday, March 03, 2015 10:11 AM
To: Carriker, Joseph W; Goudreau, Chris J.; Ferguson, Jeff C
Subject: RE: Lena Davis Plans
Chris /Jeff,
As of today we have not received a response on the Lena Davis plans I Just wanted follow up and
make sure that we can assume that there are no comments from NCWRC and move forward with
permitting
Thanks,
f DUKE
ENERGY.
Ashlie Hood, LEED AP I Project Manager
Duke Energy Carolinas, LLC
Water Strategy, Hydro Licensing and Lake Services
526 S Church Street, - EC12Q I Charlotte, NC 28202
Office 980 - 373 -3974 1 Fax 704- 382 -4671
From: Carriker, Joseph W
Sent: Wednesday, February 04, 2015 7:55 PM
To: Goudreau, Chris J.; Ferguson, Jeff C (ieff.ferguson (a- )ncwildlife.ora)
Cc: Hood, Deborah
Subject: RE: Lena Davis Plans
Here they are This Is the last mayor project on the Tuckasegee River committed to in the relicensing
agreement
Thanks,
Joe Carriker
From: Goudreau, Chris J. [ mailto: chris .goudreau(cbncwildlife.oro]
Sent: Monday, February 02, 2015 1:29 PM
To: Carriker, Joseph W
Subject: Lena Davis Plans
* ** Exercise caution. This is an EXTERNAL email. DO NOT open attachments or click
links from unknown senders or unexpected email. * **
Joe,
Just got the Lena Davis construction drawings in the mail. Did you send a set to Jeff Ferguson? If
not, can you send him electronic versions?
Chris
Email correspondence to and from this sender is subject to the N C Public Records Law and may be disclosed to third parties
A.&I
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
February 5, 2015
Mr. Joseph Carriker, P.E.
Duke Energy
EC 12Q t P.O. Box 1006
Charlotte, NC 28201 -1006
Re: Lena Davis Landing Tuckasegee River Access
91 Casey Road, Cullowhee, NC, Jackson County
Dear Mr. Carriker:
Donald R. van der Vaart
Secretary
Pursuant to your letter of February 2, 2015 we have reviewed the above referenced project with regards to potential
impact to NC Public Water Supplies. It is our understanding that the proposed project includes construction of a gravel
drive, paved parking, boat ramps above and below the existing dam on the Tuckasegee River, and associated temporary
and permanent erosion control and storm water management features.
Please be aware that the raw water intake for the Western Carolina University Water Treatment Facility is located
immediately upstream of the dam and the raw water intake for the Tuckasegee Water and Sewer Authority is located
approximately 500 feet upstream of the dam. The necessary precautions should be taken during construction to prevent
leakage and spills of fluids from construction equipment. We concur with the issuance of the necessary permits for
construction of this project provided the site is developed and maintained in accordance with the necessary permits, and
that associated activities do not contravene the designated water quality standards.
If at any time you have questions or need additional information please do not hesitate to contact me at the Asheville
Regional Office at bill.conner @ncdenr.gov, or (828) 296 -4500.
Sincerely,
William P. Conner, PE, Assistant Regional Engineer
Division of Water Resources,
Public Water Supply Section, NCDENR
Cc: Jessica Godreau, P.E., Chief, Public Water Supply Section
Kristy Maddy
Dan Harbaugh
Joe Walker
Asheville Regional Office
2090 US Highway 70, Swannanoa, North Carolina 28778
Phone 828 - 29645001 FAX 828- 299 -70431 Lab Form FAX 919-715-6637 1 Internet www ncwater.orgipwsl
An Equal Opportun,ty 1 Affirmative Action Employer
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
February 18, 2015
Joseph W. Carriker
Project Manager 11
Duke Energy
526 South Church St.
Charlotte, NC 28202 -1802
Dear Mr. Carriker,
Donald R van der Vaart
Secretary
1 am responding to your letter dated January 28, 2015 regarding the "Lena Davis Landing
Tuckasegee River Access" at 91 Casey Rd. in Jackson County, NC. Based on the project as
proposed the Division of Parks and Recreation has no objections.
Please let me know if you need additional information.
Sincerely,
Justin Williamson
Environmental Review Coordinator
North Carolina State Parks
(919) 707 -9329 / 1ustin will iamsonOncparks.gov
1615 Mall Service Center, Raleigh, North Carolina 27699 -1615 NORTH CAROLINA STATE PARKS
Phone 919- 707 -93001 Internet www ncparks gov N?r "ru'FG� W °nde�i�`J
An Equa' Opportunity 1 Affirmative Action Employer - Made in part by recycled paper