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Home My WebLink About20150124 Ver 1_401 Application_20170317(�2, e 16 -Z? I/ SEND FOUR (4) COMPLETE SETS OF THIS FORM AND ACCOMPANYING DOCUMENTS, INCLUDING THE APPROPRIATE FEE (SEE ITEM #14), TO: Mailing Address (via US Postal Service including priority mail) NC DWR, 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 1. FERC License Information Physical Address (via delivery service, UPS, FedEx, etc.) NC DWR, 401 & Buffer Permitting Unit 512 N. Salisbury St Raleigh, NC 27604 Project Name and FERC No: Bynum Hydro Project (FERC # 4093) Licensee's Name: McMahan Hydroelectric, LLC Responsible Party (for Corporations): Andrew McMahan Mailing Address: 105 Durham Eubanks Road, Pittsboro, NC 27312 Telephone: 336-509-2148 Email: mcmahanhydro@Kmail.com 2. Property Owner (if different from FERC Licensee) Name: Robert Rose Responsible Party (for Corporations): PK Ventures Mailing Address: PO Box 35236, Sarasota, FL, 34242 Telephone: 941-312-0303 Email: tampapc@hotmail.com 3. Agent Information (if applicable) Name: Company Affiliation: N/A Mailing Address: Telephone: NL E-mail: N/A Attach a signed and dated copy of the Agent Authorization letter if the Agent has signatory authority for the owner. See sample form online: http://www.saw.usace.army.miI/Portals/59/docs/regulatory/regdocs/Permits/SAMPLE_AGENT_AUTH0RIZATION_FORM.pdf. 4. Project Location (provide a map, including a copy of the USGS 1:24,000 topographic map or aerial photography with scale) County: Chatham County Nearest Town: Pittsboro Directions to the project from nearest major intersection: From Hwy 64 and 15/501 Intersection: To Dam & Headgates: 15/501N, cross over Haw River and make U-turn at first intersection past river (Moore Mountain Rd). Gravel parking lot on the left before Haw River. To Powerhouse: 15/501N, turn Left onto Durham Eubanks Rd, turn Right onto Bynum Road. Bynum Road dead -ends at pedestrian bridge. Parking available at the pedestrian bridge. The powerhouse is 100 yards downstream from the parking area. Site Coordinates (in decimal degrees): Dam & Headgates: Latitude: 35' 46'34.41"N Powerhouse: Latitude: 35* 46'17.43"N 5. Surface Waters Name of impacted stream/river: Haw River Water Quality Classification: Supporting River Basin: Caoe Fear River Basin 6. Coastal Area Management Act (CAMA) Longitude: 79' 08'49.87"W Longitude: 79' 08'38.35"W Is the project located within a North Carolina Division of Coastal Management Area of Environmental Concern (AEC)? ❑YES X NO If the project is located within one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA), what is the Land Use Plan (LUP) designation? Chatham County is not covered under CAMA. 7. Additional Permits Are additional permit requests expected for this property in the future? ❑YES X NO If Yes, describe anticipated work: N/A 8. Project Size Estimated Total Number of Acres in the Project: 20 acres Watershed Size: 1290 mit Full -Pond Surface Area: 20 acres 9. Environmental Documentation Provide an appropriate Environmental Document. The Document should address: (a) Data showing that a 7Q10 minimum flow will be provided — The 7Q10 for this section of the Haw River is 69 cubic feet per second (cfs). The current license for the Bynum Hydro Project requires a minimum of 80 cfs in the bypass reach when the hydroelectric scheme is in operation. (b) A cost benefit analysis of the project showing why the project is still necessary — The dam and all accompanying civil works for operation of a hydro project and all already in place and have been for more than 100 years. No construction or significant modifications are planned for the site. When in operation, the Bynum hydro project can produce up to 2,500,000 kWh of carbon free electricity per year. Inaddition to the hydro project, the dam serves as a maior recreational site on the Haw River in Chatham County. Chatham County Parks & Recreation maintains a parking lot at the dam for public assess to the site. The reservoir created by the dam is also the location of the Town of Pittsboro's water intake for municipal drinking water. (c) Description of length of bypass reach (if any) and measures to provide flow to the reach in low flow conditions — The bypass reach for the Bynum Hydro Project is approximately 2000 ft long. Monitoring and gaging equipment will be utilized to ensure operation of the hydro facilities does not create low flow conditions in the bypass reach. (d) Measures planned or taken to maintain downstream water quality such as adequate Dissolved Oxygen (D). The Bynum Hydro Plant is licensed to operate only in "run -of -river" mode with no means of storage. Therefore the impact of the Bynum hydro Proiect on the water quality of the Haw River should be nominal. if anv. 10. Endangered or Threatened Species You are required to contact the U.S. Fish and Wildlife Service and/or National Marine Fisheries regarding the presence of any federally listed or proposed for listing endangered or threatened species or critical habitat in the license area that may be affected by the proposed project. Date Contacted: November 1, 2013 11. State Historic Preservation Office You are required to contact the State Historic Preservation Office (SHPO) regarding the presence of historic properties in the license area which may be affected by the proposed project. Date Contacted: November 1. 2013 12. Public Funds or Use of Public Land Does the project involve an expenditure of public funds or the use of public (state) land? DYES X NO If yes, does the project require preparation of an environmental document pursuant to the requirements of the North Carolina Environmental Policy Act? DYES ❑NO N/A Has the document been reviewed through the North Carolina Department of Administration State Clearinghouse? DYES X NO If yes, then submit appropriate documentation from the State Clearinghouse. Questions regarding the State Clearinghouse review process should be directed to North Carolina Department of Administration, State Clearinghouse, 1301 Mail Service Center, Raleigh, NC 27699-1301, 919-807-2425, state.clearinghouse@doa.nc.gov. 13. Wetland Fill The following items should be included with this application if the proposed activity involves the discharge of excavated or fill material into wetlands: The Bynum Hydro Proiect will not discharge any excavated or fill materials into wetlands. (a) Wetland delineation map showing all wetlands, streams, lakes and ponds on the property. All streams (intermittent and perennial) on the property must be shown on the map. Scale should be 1 inch equals 50 feet. N/A (b) If available, representative photograph of wetlands to be impacted by the project. N/A (c) If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. N/A (d) Attach a copy of the stormwater management plan if required N/A (e) What is the land use surrounding the property? NIA (f) If applicable, what is the proposed method of sewage disposal? NLA Note: Wetlands or waters of the U.S. may not be impacted prior to: (1) the issuance of a Section 404 or Section 10 permit from the U.S. Army Corps of Engineers; (2) The issuance or waiver of a 401 Water Quality Certification from the NC Division of Water Resources, and (3) In the 20 Coastal Counties, a letter from the NC Division of Coastal Management stating that the proposed activity is consistent with the NC Coastal Area Management Act. 14. Certification Fee If the impact is less than one (1) acre of wetland or water and less than 150 linear feet of stream, enclose a check for $240 made to NCDENR. If the impact exceeds either or both of the levels above, enclose a check for $570 made to NCDENR. 15. Public Notice Public Notice is required for all FERC projects. Please note that the applicant is required to reimburse the Division of Water Resources for the costs associated with the Public Notice pursuant to 15A NCAC 02H .0503(f). 16. Signature 1 Arjccw M�Ma►►ah- fgrtt'. L'-teyKs Atehe.4 L -2-117 2017 Applicant/Agent's Printed Name Applicant/Agent's Signature ate (Agent's signature is valid only if an authorization letter from the applicant is provided.)