20011399 Ver 1_COMPLETE FILE_20010920

WA]F Michael F. Easley; Governor
\0?0 RQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Gregory J. Thorpe, Ph.D.
> r- Acting Director
p -? Division of Water Quality
October 9, 2001
DWQ # 01-1399
Macon County
Page 1 of 2
Robert Caccia
Duke Energy Corporation .
MG03A5
13339 Hagers Ferry Road Mail
Huntersville, NC 28078
APPROVAL of 401 Water Quality Certification and Additional Conditions
Dear Mr. Caccia:
You have our approval, in accordance with the attached conditions, to fill 100 square feet of waters of Queens Creek
for the purpose of constructing a pier for the Queens Creek Access Area off of Winding Stairs Road in Macon County, as
described in your application received September 20, 2001. After reviewing your application, we have decided that this fill
is covered by General Water Quality Certification Number 3280, which can be downloaded from our web site at
hfp://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Regional Permit Number 198200030 when the US
Army Corps of Engineers (USACE) issues it. In addition, you should get any other federal, state or local permits before you
go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless. otherwise
specified in the General Certification.
This approval is only valid for the purpose and design that you described in your, application. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
1. In-stream work is prohibited during the trout spawning season of October 15 through April 15, or as otherwise
determined by the North Carolina Wildlife Resources Commission, to protect the egg and fry stages of trout from
sedimentation during construction.
2. Stormwater management requirements specific to HQW as described in 15A NCAC 2H .1006 shall be followed.
3. Sedimentation and Erosion Control Guidelines for Sensitive Watersheds (15A NCAC 413.0024) must be
implemented prior-to any ground-disturbing activities to-minimize impacts to downstream aquatic-resources.
4. All mechanized equipment operated near surface waters should be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
5. The presence of equipment in the channels must be minimized. Under no circumstances should rock, sand, or
other materials be dredged from the wetted stream channel under authorization of this permit. .
6. Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted when practical.. If
necessary, rip-rap should be limited to the stream bank below the high water mark, and vegetation should be used
for stabilization above the high water.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
AMA
N=NR
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone] Customer Service
1 800 623-7748
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Mike Parker in the Asheville Regional Office at 828-251-6208 or Dave Penrose in Raleigh
at 919-733-1786.
Sincerely,
Gregory J. Thorpe, Ph.D.
Acting Director
Attachment
cc: USACE Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy 01-1399
DP Duke Duke Power
Power® Group Environment, Health & Safety
A Duke Energy Company MG03A5
13339 Hagers Ferry Road
Huntersville, NC 28078-7929
r- ?
September 18, 2001 J
Mr. John Dorney
North Carolina Department of Environment,
and Natural Resources
Division of Water Quality/Wetlands/401 Unit
4401 Reedy Creek Road
Raleigh, North Carolina 27607 0113
Subject: Duke Energy - 401 Water Quality Certification Request
Queens Creek Access Area
Dear Mr. Dorney:
Duke Energy is applying for General Permit 198200030 from the Army Corps of Engineers to
install a fishing access area at Queens Creek. This letter is requesting 401 certification for
activities associated with this construction. The Queens Creek Access Area is located in Macon
County.
As required, please find seven (7) copies of the `Pre-Construction Application Form' that includes
the associated maps, drawings, a list of property owners and project description needed to process
and issue a permit for this work. A check in the amount of $200 (CK# 509169) is also enclosed to
cover the 401 permit fee. Should you need additional information, please contact me at (704) 875-
5268.
Sincerely,
Robert W. Caccia
Water Compliance
PAMENT
RECEIVED
Attachments: 7 - Pre-Construction Application Forms, $200 check for application fee
Q11399.
s7 ,, . r r '
L

DWQ ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 198200030
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION FOR SECTION 401 CERTIFICATION
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD
OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN 7
COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY,
ATTN• JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC
27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: Duke Energy Corporation
2. MAILING ADDRESS: 13339 Hagers Ferry Road Mail Code: MG03A5
SUBDIVISION NAME: N/A
CITY: Huntersville STATE: NC ZIP CODE: 28078-7929
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
The Queens Creek Access Area is located on Queens Creek Lake off a gravel roadway (Winding
Stairs Road) that is maintained by NCDOT in Macon County.
3. TELEPHONE NUMBER: (HOME) (WORK) [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
Michael A Ruhe [phone] 13339 Hagers Ferry Road Mail Code: MG03A5 Huntersville, NC 28078-7929
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Macon - NEAREST TOWN: Nantahala
Z nw SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) See attached map
W >
U 6. IMPACTED OR NEAREST STREAM/RIVER: Queens Creek Lake RIVER BASIN: Little Tennessee
7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES ® NO E] IF YES, EXPLAIN: Queens Creek is designated as Trout
waters.
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES E] NO
(c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? N/A
8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ? NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND
ANY ADDITIONAL INFORMATION (4NCLUDE PHOTOCOPY OF 401 CERTIFICATION):
(b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK:
9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 0.5 acres disturbed on the
shore line of a -36 ac lake
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
None
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: N/A EXCAVATION: N/A
FLOODING: N/A OTHER : N/A
DRAINAGE : N/A TOTAL ACRES TO BE IMPACTED: N/A
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: N/A FT AFTER: N/A FT
WIDTH BEFORE (based on normal high water contours): N/A FT
AVERAGE DEPTH BEFORE: N/A FT AFTER: N/A FT
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: N/A PLACEMENT OF PIPE IN CHANNEL: N/A
CHANNEL EXCAVATION: N/A CONSTRUCTION OF A DAM/FLOODING: N/A
OTHER: N/A
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 8.1/2 BY 11 DRAWINGS ONLY)
See attached project descriptions.
13. PURPOSE OF PROPOSED WORK: This access area is for public recreational purposes.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (-INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
N/A
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL
HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: Letter dated 9/17/01.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED Letter dated
9/17/01.
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS ORT THE USE OF
PUBLIC (STATE) LAND? YES ? NO ® (IF NO, GO TO 1618)
(a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES ? NO ?
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO ?
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED ORF FILL MATERIAL INTO
WETLANDS:
(a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38).
ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON
THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET ORF 1 INCH EQUALS 100 FEET
0' F THEIR EQUIVALENT.
(b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
nr,?ODI 4-1 PROJEC'.l_'.
(c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
(d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
(e) WHAT IS LAND USE OF SURROUNDING PROPERTY? N/A.
(f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM, A
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
DUKE POWER LAKE MANAGEMENT
QUEENS CREEK ACCESS AREA
PROJECT DESCRIPTION
September 7, 2001
Duke Power proposes to develop a new access area that will.
come to be known as---Queens Creek Access Area provided for
the general public at the Queens Creek Hydro Project. The
project is located in Macon County, North Carolina along
Winding Stairs Road.
CURRENT CONDITION OF SITE
The proposed site is located on an undeveloped section of
property on the north side of the Queens Creek reservoir. A
section of gravel roadway (Winding Stairs Road) that is
maintained by the NCDOT extends through the property area.
The terrain is somewhat steep and scattered with mature
trees.
PROPOSED DEVELOPMENT
Install parking area for 4 to 6 vehicles on the north side
of the gravel road, a parking area for 2 vehicles with one
space designated for ADA purposes, gravel driveway,
handicap accessible 10ft x 30ft fishing pier and designated
areas for picnic tables.
The scope of this project will include:
- Installation and removal of erosion control devices
- Clearing and removal of debris as necessary to
accommodate project layout.
- Grading, graveling of two new parking areas and entrance
road to sustain light duty traffic.
- Install gravel walk way to ADA specifications from
smallest parking area to fishing pier.
- Install 10ft by 30ft handicap accessible wooden fishing
pier.
- Grade areas for installation of picnic tables. Actual
location will be determined during construction.
- Finish grading and mulching and/or rocking of edges along
entrance road and parking lot, shoreline and other
structural components to establish natural erosion
control.
- Install necessary stormwater control mechanisms.
- Installation of FERC regulatory signs.
30"
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ROAD CLASSIFICATION (TVA 158-SW)
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Secondary highway,
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QUEENS CREEK LAKE
WATER ELEV. - 3016.27 (OCT. 6, 2000)
FULL POND ELEV. • 3025.00
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Queens Creek Access Area - Fill Quantities
Rip-Rap - 100 Cubic Yards Max
Concrete - 10 Cubic Yards Max
Queens Creek Access Area - Adjacent Property Owners
The access area site is completely within the project boundary
for the Queens Creek Hydroelectric Project. There are no adjacent
property owners around the lake.
a
Queens Creek Access Area - Tax Parcel Data
Macon County, North Carolina
Deed Book R-4 PG 544 (NP&L Parcel 1)
Deed Book 0-5 PG 417 (NP&L Parcel 1873)
?SSv.? C? i
QF WA7F9 Michael F. Easley
`0? QG _ Governor
Cq r William G. Ross, Jr., Secretary
] Department of Environment and Natural Resources
O "C Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
DWQ Project No.: 01 _ 9 County: M rLc On
Applicant: n v
Project Name: Q. eek e
Date of Issuance of 401 Water uality Certification: 0c, ILQbe, ?, 200(
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC,
27699-1621.This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the
project engineer.It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date-
Agent's Certification
I, hereby state.that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was, /designed by a Certified Professional _
I, JO S l: pN W eA lUQ I. KE9 . as a duly registered Professional r96 . (i.e., Engineer,
Landscape Architect, Surveyor, ect.) in the State of North Carolina, having been authorized to observe
(periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and uffe R e approved plans andspecifications-,:and other supporting materials.
it --_AL !113 Registration No 2 Date t7 -*- Z ?b
Signature
- - - -
11
_ yr« Fr+? ti„L t'
YP 2002
viro tmental Bdiences Branch
NCDENR -
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wat1nnds/401 Unit- [phone]
VENDOR NUMBER DATE DUKE ENERGY CORPORATION CHECK NUMBER
00000009024087 09/11/01 509169
p ,O.BOX 1015, CHARL
-------------------------------
INV NO/ VOUCHER -------------- ---------------- ---------------------- ---------------------------------------------------------------------------
DEDUCTION GROSS
REF NO REF NO DATE PO NUMBER LtNE# QTY UNIT P RICE DED CD AMT AMT DISCOUNT AMT NETAMT
09100120000 01I04220 09/10/01 0 0 .00 .00 200.00 .00 200.00
WATER QUALITY PERMIT FOR QUEENS CREEK 401 -®e?
INVOICE CHANGE CODES
CODE DESCRIPTION
1 FREIGHT DEDUCTED
2 TAX EXEMPTION
3 COMPUTATION ERROR
4 INVOICE CHANGED TO AGREE WITH RECEIPT / BUYER APPROVED
5 INVOICE CHANGED TO AGREE WITH P.O. / BUYER APPROVED
6 OTHER