20130555 Ver 1_401 Application_20130513

20130555
® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
May 20, 2013
NC DWQ, Webscape Unit
1650 Mail Service Center
Raleigh, NC, 27699 -1650
Re: Rhymer's Ferry/Farley Branch Boat Ramp Sediment Removal e ED
To Whom It May Concern:
The North Carolina Wildlife Resources Commission Division of Engineering Services was asked to assist Brookfield
Renewable energy with design and permitting for this plan to remove accumulated sediment from their boat ramp on
Cheoah Lake.
Deposition at the mouth of Farley Branch has encroached onto the existing concrete launch ramp at this public access.
At lower lake levels, this sediment impedes use of this ramp. This plan involves using Brookfield staff to excavate
sediment from the ramp area in the dry when the lake is drawn down. This material will be hauled a short distance to a
site (also owned by Brookfield) where it will be land applied.
Enclosed please find five (5) copies of the completed PCN form, plan drawings and supporting documents. I have also
attached a check provided by Brookfield Renewable Energy for the $240 fee for a minor water quality certification.
If you have any questions or comments regarding this project, please direct your correspondence to me at:
Jeff Ferguson, PE
North Carolina Wildlife Resources Commission
171 Southern Cross Rd.
Weaverville, NC 28787
Or feel free to email them to me at: jeff.fergusonAncwildlife.orr
Thank you for your attention to this matter.
Sincerely,
Jeff Ferguson, 13 — untain Region Engineer
North Carolina Wil ife Resources Commission
Division of Engine 'ng & Lands Management
MAY 2 4 2013 �
Mailing Address: N.C. Wildlife Resources Commission • 1701 Mail Service Center • Raleigh NC 27699 -1701
Telephone: [phone]

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20130555
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A. Applicant Information a
1. Processing
1a. Type(s) of approval sought from the Corps:
❑ Section 404 Permit Q Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 198200030
1 c. Has the NWP or GP number been verified by the Corps?
Q Yes ❑ No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
Q 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X 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.
❑ Yes 0 No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes ❑X No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2. Project Information
2a. Name of project:
Rhymer's Ferry (Farley Branch) Boat Access Area - Sediment Removal
2b. County:
Graham
2c. Nearest municipality / town:
Robbinsville, NC
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:
Brookfield Renewable Energy Group, Brookfield Smoky Mountain Hydropower LLC
3b. Deed Book and Page No.
FERC Project No. 2169
3c. Responsible Party (for LLC if
applicable):
Marshall L. Olson, Brookfield Smoky Mountain Hydropower Compliance Manager
3d. Street address:
314 Growdon Boulevard
3e. City, state, zip:
Tallassee, TN 37878 _
3f. Telephone no.:
(865) 225 -4240 f A
3g. Fax no.:
3h. Email address:
[e-mail] MAY 9, 4 2013
uWat,OENR �,�'' ,�U &ate
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑X Agent ❑ Other, specify:
4b. Name:
Jeff C. Ferguson, PE
4c Business name
(if applicable):
North Carolina Wildlife Resources Commission
4d. Street address:
171 Southern Cross Rd.
4e. City, state, zip:
Weaverville, NC 28787
4f. Telephone no.:
(828) 231 -3517
4g. Fax no.:
(919) 707 -0162
4h. Email address:
I jeff.ferguson @ncwildlife.org
5. AgentlConsultant Information (if applicable)
5a. Name:
Jeff C. Ferguson, PE
5b. Business name
(if applicable)*
North Carolina Wildlife Resources Commission
5c. Street address:
171 Southern Cross Rd.
5d. City, state, zip:
Weaverville, NC 28787
5e. Telephone no.:
(828) 231 -3517
5f. Fax no.:
(919) 707 -0162
5g. Email address:
jeff.ferguson @ncwildlife.org
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
FERC Project No. 2169
1 b. Site coordinates (in decimal degrees):
Latitude: 35.44805 Longitude: - 83.868711
1c. Property size:
acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Cheoah Lake
2b. Water Quality Classification of nearest receiving water:
C: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 existing ramp is located on Cheoah Lake near the mouth of Farley Branch. The area surrounding the access is part of the hydro project and is
steep, forested land There are no residences in the vicinity.
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 600
3d. Explain the purpose of the proposed project:
Sediment from Farley Branch has been deposited over time as it enters Cheoah Lake, and its build up is obstructing access to and from the lake at this access
This work will remove a sufficient quantity of this sediment to clear the existing ramp to its bottom elevation (1145'), and to open a navigable cut from the ramp to
the main part of the lake Approximately 300cy of deposition will be removed from the area below the normal full pond elevation.
3e. Describe the overall project in detail, including the type of equipment to be used:
Cheoah Lake will be drawn down to below the 1145' level for this project. A tracked excavator and front end loader will be used to excavate and load deposition
into a dump truck This material will be hauled to a nearby spoil area where it will be spread and compacted then seeded and mulched upon completion Any
debris or refuse will be extracted from the spread material to be disposed of in an approved facility. Work will be performed by Brookfield Energy staff.
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?
❑ Yes Q No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
Preliminary Final
4c. If yes, who delineated the jurisdictional areas? i
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 ❑X No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑ Streams — tributaries ❑ Buffers Q 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.
Wetland impact
number
Permanent (P) or
Temporary
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
W2
W3
W4
W5
W6
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.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1
S2
S3
S4
S5
S6
3h. Total stream and tributary impacts
31. Comments.
Page 4 of 10
PCN Form — Version 1.4 January 2009

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.
Open water
impact number
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 P
Cheoah Lake
Excavation
Lake
011
02
03
04
4f. Total open water impacts
Oil
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
P2
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ 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. Project is in which protected basin?
❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet )
6g.
Zone 2
impact
(square
feet
61
B2
B3
B4
B5
B6
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The project was designed to minimize the excavation necessary to open a stable passage from the ramp to the main body of the lake Side slopes of
the cut will not be steeper than 3.1 in order to maintain stability when lake levels are returned to normal.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The project will be done during a period when the reservoir level is lowered below the elevation of the proposed cut Efforts will be made to excavate
and load the material directly into the haul vehicle for removal rather than stockpiling material on site
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 Q 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
❑ 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:
Type:
Type:
Quantity:
Quantity:
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:
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 6 of 10
PCN Form — Version 1.4 January 2009

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
Yes X No
buffer mitigation?
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.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(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 7 of 10

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
❑ Yes Q No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
0
2b. Does this project require a Stormwater Management Plan?
❑ Yes No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
Excavation is to be performed in an area that is normally inundated by Cheoah Lake.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
❑ Phase II
3b. Which of the following locally - implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply).
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
El Yes ❑ No
attached?
4. DWQ Stormwater Program Review
[]Coastal counties
❑HQW
4a. Which of the following state - implemented stormwater management programs apply
[]ORW
(check all that apply):
❑Session Law 2006 -246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
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 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
.1 a.
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes Q No
use of public (federal /state) land?
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
❑ Yes ❑ No
letter.)
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 ❑X No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b.
Is this an after - the -fact permit application?
❑Yes ❑x 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
❑Yes ❑X No
additional development, which could impact nearby downstream water quality?
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.
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.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat?
❑ Yes Q No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts?
Yes ❑ No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would Impact Endangered Species or Designated Critical
Habitat?
Conferred with Mark Cantrell (see attached letter)
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes Q No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Confered with Dave McHenry at NCWRC (see attached letter).
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
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
❑ Yes ❑X No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Referred to SHPO GIs web map.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain? 7-13
Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Jeff C. Ferguson, PE
Appli nt's Signature
(Agent's signatur v lid only if an authorization
letter from t a licant is provided.)
05-20 -2013
Applicant/Agent's Printed Name
Date
Page 10 of 10

Brookfield
March 7, 2013
Brookfield Renewable Energy Group
Brookfield Smoky Mountain Hydropower LLC
314 Growdon Boulevard
Tallassee, TN 37878
Jeff Ferguson, Mountain Region Engineer
North Carolina Wildlife Resources Commission
Division of Engineering Services
Weaverville, NC 28787
RE: Brookfield Smoky Mountain Hydro Project (FERC No. 2169)
Agent Authorization for Rhymer's Ferry (Farley Branch) Boat Access Area on
Cheoah Reservoir Graham County, NC
Dear Jeff,
This letter serves as the "Agent Authorization Letter" to provide the North Carolina Wildlife
Resources Commission ( NCWRC) signature authority for the owner /applicant, Brookfield
Smoky Mountain Hydropower LLC (BSMH), for the sediment removal work proposed at the
Rhymer's Ferry Boat Access Area on Cheoah Reservoir. The work will include the removal of
approximately 300 CY of material in the dry, while the reservoir is drawn down, from the end of
the existing boat ramp. The spoils will be stored offsite and upland. The sediment removal will
improve boat launching capabilities for the general public. This authority is granted to assist the
NCWRC in the acquisition of necessary permits from the State of North Carolina and/or the U.S.
Army Corps of Engineers. It is understood this work will take place after all the permits are
acquired.
We appreciate your help with this project. If you have any questions or need additional
information, please contact me at 865- 255 -4240 or at [e-mail].
Sincerely,
)%aJ190
Marshall L. Olson
Compliance Manager
Mid - Americas Regional Operations Center

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Volumes by Triangulation
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1 END OF UNCOVERED
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(Prisms)
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l Final Surface: PRTIN.tin
I \ / Difference: VOLUME.tin
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ll.l
to Z
EL.= 1148. 5
TOP OF RAMP SLAB
Cut volume: 8,342.1 C.F., 308.97 C.Y.
/ Fill volume: 21.5 C.F., 0.79 C.Y.
1 \
U � a J
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EL. 1153.07'
CONCRETE
Area in Cut : 3,181.0 S.F., 0.07 Acres
PROJECTED END OF Area in Fill: 112.5 S.F., 0.00 Acres
Q > Q
>
RAMP ®1145.0' Area exactly in daylight: 665.9 S.F., 0.02 Acres
Total inclusion area: 3,959.3 S.F., 0.09 Acres
LL O
W 2 rA
Average Cut Depth: 2.62 feet
Average Fill Depth: 0.19 feet
W
ILL
WL a
=
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Cut to Fill ratio: 388.75
Export Volume: 308.2 C.Y.
Elevation Change To Reach Balance: 2.102
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W W W a
Volume Change Per .1 ft: 14.7 C.Y.
a: 06
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EXISTING PLAN VIEW PROPOSED PLAN VIEW 30 0 30 60
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Scale: 1 " =30' Scale: 1' =30 Scale: 1" = 30'
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NOTES:
1. SEDIMENT REMOVAL SHALL BE PERFORMED IN THE DRY. RESERVOIR LEVEL SHALL BE HELD BELOW EL. =1145' WHILE EXCAVATION IS UNDERWAY.
2. WHEN POSSIBLE, EXCAVATED MATERIAL SHALL BE LOADED DIRECTLY INTO THE HAUL VEHICLE AND NOT DOUBLE HANDLED.
3. SIDE SLOPES OF CUT BANKS SHALL NOT BE STEEPER THAN 3:1.
4. EXCAVATED MATERIAL SHALL BE HAULED DIRECTLY TO THE DESIGNATED SPOIL SITE. MATERIAL SHALL BE SPREAD IN THIN LIFTS (<12' ON FLAT �'r"'r'rr'l,
GROUND OR SLOPES NOT EXCEEDING 5 %. COMPACT AND APPLY SURFACE ROUGHENING BY RUNNING TRACKED EQUIPMENT OVER SPREAD LIFTS. ```%% -%N OAR .,
5. ANY DEBRIS OR REFUSE IN THE SPREAD MATERIAL SHALL BE REMOVED AND DISPOSED OF IN AN APPROVED LANDFILLE OR WASTE HANDLING ' •••••' ';
FACILITY. O •FE S /p'' •.
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ate:
20-MAY-2013
. y
6. TEMPORARY /PERMANENT SEED MIX AND STRAW MULCH SHALL BE APPLIED TO ENTIRE SPOIL AREA IMMEDIATELY UPON COMPLETION OF SPREADING - ; Q l'. _
He Name :
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& COMPACTION.
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urveyed: JCF, CSL
esigned: JCF
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Legend
.— BSMH FERC Project Boundary
r--% Up to 200' Conservation Easements
1L—) on Non - Project BSMH owned land
r -- Up to 200' Conservation Easements
11— — on Project BSMH owned land
FARLEY BRANCH BOAT
ACCESS AREA
�Oc IN
PROPOSED SPOILS AREA
(BSMH NON - PROJECT OWNED LAND)
N
W E
s
0 200 400 800 1,200
Feet
SANTEETLAH
POWERHOUSE
SANTEETLAH
SWITCHYARD
r T
{
4 4-
Brookfield Smoky Mountain Hydropower LLC
Brookfield Smoky Mountain Hydro Project, P -2169
Farley Branch Boat Access Area
Excavation - Proposed Spoils Area
PARSOKS
Brookfield Map No: SSMH124a; Issue Date: 13 FEB

® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
March 18, 2013
Mr. David Brown
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
SUBJECT: 404 Permit Application for Brookfield Renewable Energy Group
Rhymer's Ferry Boating Access Area, Graham County
Dear Mr. Brown:
Mr. Jeff Ferguson with the North Carolina Wildlife Resources Commission, on behalf of Mr. Marshall L.
Olson with Brookfield Renewable Energy Group, requested a permit to excavate accumulated sediment
from the Rhymer's Ferry Access Area on Cheoah Reservoir in Graham County. Comments from the
Commission on this application are offered for your consideration under provisions of the Clean Water
Act of 1977 (33 U.S.C. 466 et seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661- 667d).
This work will not harm trout and does not need to be avoided during the spawning moratorium. Impacts
of the project on aquatic habitats should be minor provided the project is completed as described in the
application. We do not recommend adding any special conditions to the permit.
Thank you for the opportunity to review and comment on this project. Please contact me at (828)
452 -2546 extension 24 if you have any questions about these comments.
Sincerely,
Dave McHenry
Mountain Region Coordinator, Habitat Conservation Program
Cc: Mr. Jeff Ferguson, North Carolina Wildlife Resources Commission
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699 -1721
Telephone: [phone] • Fax: [phone]

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville. North Carolina 28801
March 19, 2013
Mr. Jeff C. Ferguson
North Carolina Wildlife Resources Commission
Division of Engineering & Lands Management
171 Southern Cross Rd.
Weaverville, North Carolina 28787
Dear Mr. Ferguson:
Subject: Proposed sediment removal at Rhymers Ferry / Farley Branch Boat Access Area,
Consultation under the revised Endangered Species Management Plan (ESMP) and
Article 411 of the Tapoco Project License, Cheoah Reservoir, Tapoco Hydroelectric
Project, FERC No. 2169, Graham County, North Carolina.
We have reviewed your letter and plans dated March 14, 2013, regarding the proposed sediment
removal at Rhymers Ferry for the Farley Branch Boat Access Area on the Cheoah Development.
The area proposed for sediment removal is within the FERC Project Boundary and owned by
Brookfield Smoky Mountain Hydro LLC, near a portion of shoreline within the NC Riparian
Lands Conservation Easements. The use of this area is consistent with the authority to operate
the Santeetlah and Cheoah Developments, part of the Tapoco Hydroelectric Project (FERC No.
2169), in Graham County, North Carolina. The sediment disposal site is on non - project lands.
The following comments are provided in accordance with the Fish and Wildlife Coordination
Act, as amended (16 U.S.C. 661- 667e), and section 7 of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 -1543) (Act).
Brookfield intends to use their staff to remove a sufficient volume of sediment in order to clear a
channel from the projected end of the existing ramp (E1. =1145' USGS) out to the corresponding
contour approaching the body of the lake. This will require the removal of approximately
310CY of sediment. Brookfield will conduct this activity during a period when the lake can be
drawn down below that target elevation (i.e. all work to be done in the dry). Excavated sediment
will be hauled and land applied at the spoil site shown on the attached map. According to maps
included with the Tapoco Shoreline Management Plan (SMP), the proposed project is not located
in an area of critical aquatic habitat. We have no further concerns with the proposed sediment
removal.
1 The 2004 Tapoco Settlement Agreement included provisions for activities such as these to "... maintain and
operate the Project,..... for Project, power generation, power transmission and other utility purposes provided that
Grantor will make reasonable efforts to assure that its continued use of the North Carolina Riparian Property will
preserve, protect and promote the Conservation Values... ".

Endangered Species. No endangered species are known from these sites; however an occupied
bald eagle nest is nearby (approximately 1.3 miles - almost line of sight). We agree that this
project will have no effect on listed species with no vegetation removal, and adequate erosion
and sedimentation controls. In view of this, we believe the requirements under section 7 of the
Endangered Species Act, and the ESMP, are fulfilled. However, obligations under section 7 of
the Act must be reconsidered if: (1) new information reveals impacts of this identified action
that may affect listed species or critical habitat in a manner not previously considered, (2) this
action is subsequently modified in a manner that was not considered in this review, or (3) a new
species is listed or critical habitat is determined that may be affected by the identified action.
Thank you for the opportunity to provide these comments. If you have questions, please contact
me at 828/258 -3939, Ext. 227. We have assigned our Log Number 4 -2 -13 -158 to this project;
please refer to it in all future correspondence directed to us concerning this matter.
Sincerely,
- Original signed -
Mark A. Cantrell
Fish & Wildlife Biologist
cc:
Ms. Myra Hair, Compliance Specialist, Brookfield Smoky Mountain Hydropower LLC, 314
Growdon Boulevard, Tallassee, TN 37878