20030179 Ver 6_More Info Letter_20070518

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 18, 2007
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Duke Energy Carolinas, LLC
Attn.: Jeffrey Lineberger
526 South Church Street
P.O. Box 1006
Charlotte, NC 28201-1006
Subject Property: Dillsboro Dam and Powerhouse Removal
REQUEST FOR MORE INFORMATION
Dear Mr. Lineberger:
DWQ Project # 2003-0179, Ver. 6
Jackson County
On March 26, 2007, the Division of Water Quality (DWQ) received your application dated March 23, 2007
to impact 13.9 acres of waters to remove the Dillsboro dam and powerhouse in Dillsboro, NC. The DWQ
has determined that your application was incomplete and/or provided inaccurate information as discussed
below. The DWQ will require additional information in order to process your application to impact
protected wetlands and/or streams on the subject property. Therefore, unless we receive five copies of
the additional information requested below, we will have to move toward denial of your application as
required by 15A NCAC 2H .0506 and will. place this project on hold as incomplete until we receive all of
this additional information. Please provide the following information so that we may continue to review
your project.
Additional Information Requested:
1. Water Quality Certification
You have proposed impacts to streams and have stated that the use of Nationwide Permit 33 and
39 has been "verified". In order for us to properly process this application, please advise who in the
Corps of Engineers (presumably) agreed that these Nationwide Permits were appropriate for this
project. If you consultants have not done so, they contact the U.S. Army Corps of Engineers
(USAGE) to determine which permit they will allow you to use
2. Water Quality Monitoring
The proposed post removal aquatic resource monitoring (page 50 in the application is not clear).
Please address what methods will be used for this monitoring as well as the approximate monitoring
schedule.
The proposed water chemistry monitoring will have to be done by a laboratory certified by DWQ
for this purpose. Please provide written assurance that this requirement will be met.
The proposed aquatic monitoring apparently does not include monitoring of aquatic
macrobenthos. This monitoring will be required pre and post dam removal in order to demonstrate
the restoration of a typical biological community fora river in order to obtain the planned stream
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] Fax [phone]
Internet: http://www.ncwaterquality.org
N~~on~~,,Carolina
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Jeffrey Lineberger, Duke Energy
Page 2 of 3
May 18, 2007
mitigation credit for this project. Please provide a proposed macrobenthos monitoring plan to
supplement the proposed fish monitoring plan.
It is not clear when the TSS and turbidity monitoring will occur during the dredging and dam
removal process. Regular monitoring probably at least on a weekly basis will be required during the
dredging and dam removal process to ensure protection of water quality standards. We suggest that
upstream and downstream monitoring be proposed in order to assure compliance with these
standards. Please provide more details on this monitoring in your response.
3. Streambank stability
Please provide a plan to replant the entire dredging staging area (or at least that portion presently
in woody vegetation). It is not clear whether the proposed replanting will address this entire area.
Please provide a plan to visually monitor the exposed streambanks during dam removal to ensure
that any eroding streambanks are promptly planted with temporary vegetative cover.
4. Public Notice -Since the US Army Corps of Engineers is apparently not going to do a Public Notice
for this project, DWQ will need to do so for the Individual Certification for the FERC permit. According
to our rules (15A NCAC 2H .0503), the notice can be made only after receipt of a complete
application and must be published one time in a local paper as well as sent to our 401 Certification
mailing list. Once the above issues are addressed, DWQ will prepare the Public Notice for this
project. You should be aware (as discussed earlier) that given the high level of past public interest in
this project, that the Director of DWQ may decide to hold a public hearing for this project after the
public comment period. If that decision is made, we will coordinate that effort with you and your
consultants.
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing and Kevin
Barnett of the DWQ Asheville Regional Ofhce. If we do not hear from you within three weeks, we will
assume that you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Mr. John Dorney or Mr. Ian McMillan at 919-733-1786 if
you have any questions regarding or would like to set up a meeting to discuss this matter.
cc:
i D v lopment Unit
Jason Isbanioly, Devine, Tarbell and Associates, Inc., 400 S. Tryon Street, Suite 2401, Charlotte,
NC 28285
Jim Mead, NC Division of Water Resources
Kevin Barnett, DWQ Asheville Regional
Larry Eaton, DWQ
USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 20030179ver6(Jackson)DillsboroRemoval