The URL can be used to link to this page

Home My WebLink About20140772 Ver 1_401 Application_20140714DINVIS FLtfVD July 23, 2014 Serial No. WGH- 041 -14 NC DWR, 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 2799 -1650 Re: Application for Coverage under Nationwide Permit — 36 East LaPorte River Access Park Upgrades — Boat Ramp 6912 Hwy 107, Cullowhee, NC 28723, Jackson County D &F Job Number: 010561.38 To Whom It May Concern: Davis & Floyd, Inc. on behalf of Duke Energy Carolinas, LLC is pleased to submit the following application for coverage under Nationwide Permit (NWP) — 36 (Boat Ramps) at the East LaPorte River Access Park on the Tuckasegee River at 6912 Hwy 170, Cullowhee, NC. The US Government (TVA Land Branch) is the owner of the property. Jackson County holds a license that permits Jackson County to use the U.S. Government property for public recreation purposes, Jackson County owns the additional land adjacent to the property and operates the East LaPorte River Access Park. Duke Energy Carolinas, LLC has an agreement with Jackson County as part of the Tuckasegee Cooperative Stakeholder Team Settlement Agreement approved in 2003 to make upgrades at the site. Improvements near the shoreline include the addition of a concrete boat ramp. This PCN package is being submitted to NCDENR -DWR requesting 401 Water Quality Certification. The required application fee of $240 is enclosed. The plans for the project have been reviewed and conceptually approved by Jackson County, NC. Appropriate best management practices will be utilized to control erosion during the project. All disturbed land surfaces will be stabilized upon completion of the project. Enclosed are five (5) sets of the completed Pre - Construction Notification (PCN) form with associated attachments that was submitted to the U.S. Army Corps of Engineers (USACE). If you should have any questions, please do not hesitate to contact us. You can respond with any comments to the following email address: whunterCo)-davisfloyd.com. We look forward to beginning this improvement project after receiving your approval. Very truly yours, DAVIS & FLOYD, INC. Wilson G. Hunter Project Manager Enclosures: As stated in the letter f lfi WATER QUALITY Engineering I Architecture I Environmental j Laboratory 1319 Highway 721221 East Greenwood, SC 29649 [864] 229 5211 davisfloyd.com DAVIS FLOVD July 23, 2014 Serial No. WGH- 040 -14 Mr. David Brown US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801 -5006 Re: Application for Coverage under Nationwide Permit — 36 East LaPorte River Access Park Upgrades — Boat Ramp 6912 Hwy 107, Cullowhee, NC 28723, Jackson County D &F Job Number: 010561.38 Dear Mr. Brown: Davis & Floyd, Inc., on behalf of Duke Energy Carolinas, LLC is pleased to submit the following application for coverage under Nationwide Permit (NWP) — 36 (Boat Ramps) at the East LaPorte River Access Park on the Tuckasegee River at 6912 Hwy 170, Cullowhee, NC. The US Government (TVA Land Branch) is the owner of the property. Jackson County holds a license that permits Jackson County to use the U.S. Government property for public recreation purposes, Jackson County owns the additional [and adjacent to the property and operates the East LaPorte River Access Park. Duke Energy Carolinas, LLC has an agreement with Jackson County as part of the Tuckasegee Cooperative Stakeholder Team Settlement Agreement approved in 2003 to make upgrades at the site. Improvements near the shoreline include the addition of a concrete boat ramp. The NWP -36 for Boat Ramps has limits of 50 cubic yards (yd 3) discharged below the ordinary high water mark (OHWM) and provided the boat ramp does not exceed 20 feet in width. Total estimated quantity of materials to discharged below the OHWM is 17.6 yd (7.8 yd of concrete and 9.8 yd3 of stone). The total area impacted below the normal river level is estimated to be 0.0113 acres. The boat ramp design is 14 feet in width. The estimated quantities for this project are within the limits for the criteria for NWP -36. Enclosed are the completed Pre - Construction Notification (PCN) Form with associated attachments. Should you have any questions concerning this application or need additional information, please do not hesitate to contact us. We look forward to beginning this improvement project as soon as we receive your approval. Very truly yours, DAVIS & FLOYD, INC. Wilson G. Hunter Project Manager Enclosures: As stated in the letter JU!_ 20114 5ENR duALFF . Engineering i Architecture Environmental Laboratory 1319 Hwy 72 221 East Greenwood, SC 29649 [864] 229 5211 www.davisfloyd.com O�OF W AT f ;, G >U�, O Niii� -c Z0 1 407 72 PAID Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: X❑ Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: NWP -36 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): NX 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 X❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes ❑ 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: EAST LAPORTE RIVER ACCESS PARK UPGRADES 2b. County: JACKSON 2c. Nearest municipality / town: CULLOWHEE, NC 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: UNITED STATES GOVERNMENT 3b. Deed Book and Page No. 546/476 U `_ 3c. Responsible Party (for LLC if applicable): TVA LAND BRANCH 3d. Street address: 464 LUPTON DRIVE f 3e. City, state, zip: CHATTANOOGA, TN 37415 dvdar8 Stomnvaf�r Branch 3f. Telephone no.: (704) 382 -8849 3g. Fax no.: (704) 382 -8614 3h. Email address: JOSEPH.CARRIKER @DUKE- ENERGY.COM Page 1 of 10 PCN Form — Version 1.4 January 2009 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent Q Other, specify SENIOR ENGINEER 4b Name JOSEPH W CARRIKER 4c Business name (if applicable) DUKE ENERGY CAROLINAS, LLC 4d Street address 526 SOUTH CHURCH STREET 4e City, state, zip CHARLOTTE, NC 28201 4f Telephone no (704) 382 -8849 4g Fax no (704) 382 -8614 4h Email address JOSEPH CARRIKER @DUKE- ENERGY COM 5 Agent/Consultant Information (if applicable) 5a Name 5b Business name (if applicable) 5c Street address 5d_ City, state, zip 5e Telephone no 5f Fax no 5g Email address Page 2 of 10 B Project Information and Prior Project History 1. Property Identification 1a Property Identification no (tax PIN or parcel ID) 7568 -29 -9208 1b Site coordinates (In decimal degrees) I Latitude 35 29858 Longitude -83 14751 1c Property size 4 6000000C acres 2 Surface Waters 2a Name of nearest body of water to proposed project TUCKASEGEE RIVER 2b Water Quality Classification of nearest receiving water FW 2c River basin Little Tennessee River 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 See Attachment 3b List the total estimated acreage of all existing wetlands on the property 0 00000000 3c List the total estimated linear feet of all existing streams (Intermittent and perennial) on the property 000000000 3d Explain the purpose of the proposed project See Attachment As part of Agreement between Jackson County, NC and Duke Energy Carolinas, LLC to upgrade East LaPorte River Access Park 3e Describe the overall project in detail, Including the type of equipment to be used See Attachment 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 ❑ 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? Name (If'known) DAVID BROWN Agency /Consultant Company USACE Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation Mr David Brown visited site on June 5, 2014 and flagged the Ordinary High Water Mark (OHWM) at the location of the new boat ramp Flags were surveyed and incorporated in the design of the new boat ramp Impact quantities are based on the OHWM elevation 5 Project History 5a Have permits or certifications been requested or obtained for this project (Including all prior phases) In the past? ❑ Yes ❑ No ❑ 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 3 of 10 PCN Form — Version 1 4 January 2009 C. Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your project (check all that apply) ❑ Wetlands ❑ Streams — tributaries Q 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 Wetland impact number Permanent (P) or Temporary T 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 Choose one Choose one Yes /No - W2 Choose one Choose one Yes /No W3 Choose one Choose one Yes /No W4 - Choose one Choose one Yes /No - W5 Choose one Choose one Yes /No - W6 - Choose one Choose one Yes /No - 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 P Fill Tuckasegee River PER Corps 120 00000000 18 00000000 S2 Choose one - S3 - Choose one - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h Total stream and tributary impacts 18 00000000 31 Comments Impacts include —18' along the shoreline to account for the width of the 14' concrete boat ramp and up to 2' of rock (np -rap) around the sides of the ramp Total area of impact is —0 0113 -acres Total volume of fill materials below the OHWM level which includes concrete ramp (7 8 CY) and stone /rip- rap (9 8 CY) under and around ramp is —17 6 CY These quantities are below allowable limits for NWP -36 which allows up to 50 cubic yards Page 4 of 10 PCN Form — Version 14 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 indiv ually list all open water impacts below 4a Open water impact number Permanent (P) or Tem ora T 4b Name of waterbody (if applicable) 4c Type of impact 4d Waterbody type 4e Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f Total open water impacts 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 Choose one P2 Choose one 5f Total 5g Comments 5h Is a dam high hazard permit required ❑X Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) 51 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 mitiqlation, then you MUST fill out Section D of this form 6a. Project is in which protected basing ❑ Neuse ❑X Tar - Pamlico ❑ Catawba ❑X 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 B1 Yes /No B2 - Yes /No B3 - Yes /No B4 - Yes /No B5 - Yes /No B6 - Yes /No 6h Total Buffer Impacts 61 Comments Page 5 of 10 D. Impact Justification and Mitigation 1 Avoidance and Minimization la Specifically describe measures taken to avoid or minimize the proposed Impacts in designing project Duke Energy's Tuckasegee Cooperative Stakeholder Team (TCST) Settlement Agreement was reviewed and signed by Federal, State, Local agencies, and stakeholders in October 2003 This settlement included these specific upgrades at the East LaPorte River Access Park and are part of an agreement between Jackson County and Duke Energy Carolinas, LLC The NWP -36 allows for limited fill material to construct the boat ramp This project is below limits allowed by NWP -36 (ramp size, use, etc) lb Specifically describe measures taken to avoid or minimize the proposed Impacts through construction techniques Appropriate best management practices will be utilized to minimize impacts All boat ramp concrete work will be completed upland and pushed into place Appropriate sediment and erosion protection BMPs will be utilized to minimize impacts and protect the river 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 Q 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 Choose one Type Choose one Type Choose one 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 Choose one 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 ❑ 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 ❑ No within one of the NC Riparian Buffer Protection Rules? lb If yes, then is a diffuse flow plan included? If no, explain why ❑ Yes Q No 2 Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 00000000 % 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 Land disturbance activities have been reviewed with Jackson County representatives and conceptually approved Appropriate sediment & erosion control measures will be utilized including silt fencing and landscape buffers Sediment & erosion control BMPS will be inspected very seven (7) calendar days Any needed maintenance will be performed as soon as practicable or as needed and before the next storm event whenever practicable Removed trapped sediment will be removed from the or stabilized on site 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? JACKSON COUNTY, NC ❑ Phase II ❑ NSW 3b Which of the following locally - implemented stormwater management programs ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other See attachment 3c Has the approved Stormwater Management Plan with proof of approval been F1 Yes ® No attached? 4 DWQ Stormwater Program Review ❑Coastal counties ZHQW 4a Which of the following state - implemented stormwater management programs apply ❑ORW (check all that apply) E] Session Law 2006 -246 ❑X 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 ❑X No Page 8 of 10 PCN Form — Version 1 4 January 2009 F. Supplementary Information 1 Environmental Documentation (DWQ Requirement) la 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 0 No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? El 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 El Yes ® 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 There are no wastewater discharges associated with this project 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 ❑ 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 Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Mr Mark Cantrell of the USFWS Asheville Field Office reviewed construction plans He identified endangered species Appalachian elktoe is located in a downstream reach of the Tuckasegee River He concluded the project will have no effect on the Appalachian elktoe See attached letter 6. Essential Fish Habitat (Corps Requirement) 6a WIII this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? Mr mark Cantrell of USFWS Asheville Field Office reviewed data and indicated that the protect will not impact essential fish habitat 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 ❑ 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? There are no known historic or cultural resources located on this property It is Duke Energy's policy and federal law mandate that if any historic or cultural resources are discovered during construction, then all construction activities will immediately cease See attached 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 NWP -36 allows construction of boat ramps within the 100 -year floodplain Conceptual plans of the project have been reviewed and approved by Jackson County representatives Appropriate Jackson County Floodplain Development Permit will be obtained prior to any construction activities There are no life /safety issues associated with the project construction and no occupiable structures are proposed 8c What source(s) did you use to make the floodplain determination? Review of FEMA Flood Insurance Rate Map for Jackson County, NC, Community Panel No 7568, Map Number 3700756800J, Effective Date April 19, 2010 See attached JOSEPH W CARRIKER )C'teA v - 70 4— Applicant/Agent's Printed Name Date Appltcant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided Page 10 of 10 Attachment for Pre - Construction Notification (PCN) Application - East LaPorte River Access Park Upgrades — New Boat Ramp A. Application Information 2a Name of Project East LaPorte River Access Park Upgrades 3a Names recorded on Deed United States Government (TVA Land Branch) B. Project Information and Prior Project History B3 Project Description 3a Existing conditions at the site are generally grassed with the gravel parking area There is a bathroom, picnic pavillion, a basketball court and a volleyball court The project site area is bounded on the west by the Tuckasegee River and on the east by Hwy 107 and several businesses Adjacent properties to the south was the Caney Fork that enters the Tuckasegee River and residential mobile homes Adjacent property to the north was undeveloped land 3d The purpose of this project is provide the public with a boat ramp access area at the East Laporte River Access Park near Cullowhee, NC The project is within Duke Energy's Tuckasegee Cooperative Stakeholder Team (TCST) Settlement Agreement As part of their settlement agreement, that was reviewed and signed by Federal, State, Local agencies, and stakeholders in October 2003, Duke Energy has agreed to make improvements and upgrades along the Tuckasegee River These specific upgrades at the East LaPorte River Access Park are part of an agreement between Jackson County and Duke Energy Carolinas, LLC This new boat ramp will be used by the public to provide access for drift boats, canoes, ion boats, kayaks, and other recreastional boats into the Tuckasegee River See attached agreement 3e Duke Energy will install a concrete boat ramp and a gravel parking lot American Disabilities Act (ADA) compliant parking and sidewalk will be provided to the ramp area The boat ramp will be approximately 14 feet wide, approximately 25 feet long, 10 inches thick with stone underneath The concrete ramp will be constructed using a "pour and push" method, where the ramp is formed and poured upland on shore and then pushed into its final location after the concrete has properly cured Appropriate grading equipment will be utilized to level the area to the boat ramp specifications Appropriate sediment and erosion protection best management practices (BMPs) will be utilized to protect the waters of the Tuckasegee River Approvals for land disturbance activities and floodplain development permits will be obtained from Jackson County as required A copy of agreement between Jackson County, NC and Duke Energy Carolinas, LLC to upgrade the East LaPorte River Access Park is attached to PCN Page 1 of 2 E. Stormwater Management & Diffuse Flow Plan (required by DWQ) 3 Certified Local Government Review 3b Jackson County has jurisdiction for land disturbance activities Jackson County representatives have reviewed and approved the conceptual plans for the upgrades at the site Land Development Application with Jackson County and a Jackson County Floodplain Development Permit will be obtained prior to any construction activities at the site A copy of agreement between Jackson County and Duke Energy to upgrade the East Laporte River Access Park is attached to PCN F. Supplementary Information 5 Endangered Species and Designated Critical Habitat (Corps Requirement) 5d Mr Mark Cantrell of the USFWS Asheville Field Office reviewed construction plans He identified endangered species Appalachian elktoe is located in a downstream reach of the Tuckasegee River and there is designated critical habitat He also identified Candidate species Sicklefin redhorse in the downstream area He concluded the project will have no effect on the Appalachian elktoe or will it constitute an adverse modification of critical habitat Cantrell letter attached 7 Historic or Prehistoric Cultural Resources (Corps Requirement) 7b Based on existing disturbance from the leveling of the property, we do not believe there are any cultural resource issues with the property It is Duke Energy's policy and federal law mandate that if any historic or cultural resources are discovered during construction, then all construction activities will immediately cease All appropriate individuals and agencies will then be notified Page 2 of 2 Site Location Map: East LaPorte River Acess Park 6912 Highway 107 Cullowhee, NC 28723 f� -' ��'1'��1tCa�t��Cti ?a9) +��:�,� a '�.�1:,.�,1,.`� /i1 %�'i%i1�J5 ";• Site Location Map: East LaPorte River Acess Park 6912 Highway 107 Cullowhee, NC 28723 - r •, r ``4 • r T r f r c -4 � ` ti yam; y• f - i ( U C) ET -�- VJU I6 �r rs' — FY- it ._. ! t " �� rf Z 4 yHU Jf` m °a P t-- v� U z O 9w a pow I I� f1' W Z � w w Y in � u ^w u � <u B =_ o � v ba U iLJ1 C =; rW�Q W Pam o 0 k ® W W TW 3: L.L W O U 1 \ r ! O � 1 �- = 1 1 r 1 f 4 / ! U d 4 w Z LL! LU Q LLI + d r ✓ ! rn I t .o� W �t °u ° e'Sn ✓ c � 'xa LU Q P r LLI uj r m Q f1! ✓ C) a d, z CO 1 � ' r / LLf m ` t / z (D ! J C s t r LL,1 �Il s� ,t1rf v/ ZW e PI ;r am f i l l r r � � ItGLLOY 1Y03101103lHNS 3011VA L13:Y3DMtld \1 Af1Y DIIY151001D3H IH331ADN331LL10 L135NOJ If31t1LA11/10N14N 1NYd NI tl0310W t N103Sr, 3316N A" ONY 311 OAOV Y SIAW lDAlU3dOtld 3N13W IID3tl3NL A'JIS303N16 Y \Y S�INIYU03S31LL .t ~ r 0 0 / J / tlI t t ! t j'-•1! J � t J � W / ^ l L N m ! t Od2/J! r �� lw. r +mot! N ii b' �j S w 0 0 0 n 6 U U N co m `r n-m v N •+ r co � 1 � � / ao t N ~ �/7( o Q a40 U N mw v w 1 Boa �M, a� 91 r o° CL o r ' t S CJ U In F- (6 fE F- H 1h1 UO 31O11ha 111O3S113O1Ot1 AV \lHV JYI ! ✓ r a �C • � d • / ( C ��yll 1 � , .t ~ r 0 0 / J / tlI t t ! t j'-•1! J � t J � W / ^ l L N m ! t Od2/J! r �� lw. r +mot! N ii b' �j S w 0 C:) Z 4O L.L o o CL a U5a (D � U LLI j z w W Y n u in z a `:S u o <u Y JK 00 yY u m u acYi c igW 6 W z 8 z o Z a. W f_- U) 0 0 n 6 U U N co m `r n-m v N � co ao _� o N ~ �z o Q a40 U N mw v w tua a Boa �M, a� o° CL o E 11 CJ U In F- (6 fE F- H 1h1 UO 31O11ha 111O3S113O1Ot1 AV \lHV JYI 6AOli VbLWOJO AliQi C:) Z 4O L.L o o CL a U5a (D � U LLI j z w W Y n u in z a `:S u o <u Y JK 00 yY u m u acYi c igW 6 W z 8 z o Z a. W f_- U) z 2 � m o \ mS O E§ � M§ z § f w / uj } R _ / \ k�) R §&§ 0 < J \ _]k ! E I` \ Z6 ley A013 ___ \ � ƒ r-T4 ƒ )( � Zo m_ a__ =__, ._a § N011dVniltIONOCY03003 * u a , ¥ - »» § e m y E � \ \ # ` !2 2 /� }} § m @ ® } O § § o . 2 §§ 7 2 \ \} �\ ° c § 12 \ § 2 i QELij /2 \ § .. 0 6R 0(n 0 e ®� § 'ER . 4,7 STATE OF NORTH CAROLINA AGREEMENT COUNTY OF JACKSON BETWEEN JACKSON COUNTY, NC AND DUKE ENERGY TO UPGRADE THE EAST LAPORTE RIVER ACCESS PARK THIS AGREEMENT (this "Agreement ") is made and entered into this _ day of 2014 by and between JACKSON COUNTY ( "County"), and DUKE ENERGY CAROLINAS, LLC ( "Duke Energy") (collectively hereinafter referred to as "Parties "). WITNESSETH: WHEREAS, pursuant to the Tuckasegee Cooperative Stakeholder Agreement dated October 29, 2003 ( "TCST "), Duke Energy agreed, provided suitable agreements could be reached with the County, to perform certain activities to facilitate the construction of a gravel parking area and public boat launch for the recreational benefit of the general public (the "Recreational Amenities ") at Jackson County's East LaPorte River Access Park, 6912 Highway 107 Cullowhee, North Carolina, the location of which is shown on the map entitled "East LaPorte Locator Map," attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the Parties wish to enter into this Agreement to establish their agreement as to the obligations of Duke Energy and the County with respect to the construction of the Recreational Amenities. NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the Parties hereby agree to the following: 1. DUKE ENERGY: Duke Energy agrees to provide the following services with regard to construction of the Recreational Amenities: project management for final design and the acquisition of all construction- related necessary permits, including, but not limited to a U.S. Army Corps of Engineers 404 dredge and fill permit and State water quality 401 certification for navigable waters, erosion control, driveway encroachments and other construction activities (collectively, the "Construction Activities "). Duke Energy will utilize design criteria in accordance with the States Organization for Boating Access ( "SOBA "). The Recreational Amenities shall be arranged in a manner similar to the "East LaPorte River Access Park Upgrades Conceptual Plan", attached hereto as Exhibit B and incorporated herein by reference. 2. COUNTY: The County shall allow Duke Energy, its designated consultants and/or its designated contractors to provide the Construction Activities. The County will permit Duke Energy to temporarily close portions of the East LaPorte River Access Park to safely perform all Construction Activities. The County agrees to cooperate with Duke Energy as necessary to perform the Construction Activities, including but not limited to promptly signing any documents that require the County's signature to obtain necessary permits, upon presentation of such documents to the County by Duke Energy. 3 The Parties agree that, after completion of the Construction Activities, Duke Energy will have fulfilled all of its financial and management obligations under the TCST with regard to the Recreational Amenities. IN WITNESS WHEREOF, the Parties have executed and delivered this Agreement as of the date first above written. [Signatures Continue on Following 2 Pages] Duke Energy Carolinas, LLC Witness h P.,; ii�j _I_ W'itne'ss' STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG By: 5e e: John Crutc fiel itle: Director, Publid, Safety & Recreation Planning Strategy Services I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: John Crutchfield, Director, Public Safety & Recreation Planning Strategy Services WITNESS my hand and official seal this day of , 2014. Date: ` Notary Public My Commission Expires: ��P„- �/� Q /8' � `4 NOTAgy C W COMM slow EXPIRES �4a»eo+e pUBLIG �v �r0,4- h �eoN E v (County Seal) NORTH CAROLINA JACKSON COUNTY COUNTY OF JACKSON By: W. J.,DEBNAM, Chairman Board of Commissioners I, , a Notary Public, do hereby certify that PATSY C. PARRIS personally appeared before me this day, with whom I am personally acquainted, who, being by me duly sworn, says that she is the Clerk to the Board of Commissioners of the County of Jackson, and that W. J. DEBNAM is the Chairman of the Board of Commissioners of Jackson County, the entity which executed the foregoing and annexed instrument; that she knows the common seal of said County of Jackson; that the seal affixed to the name of the County of Jackson was subscribed thereto by said Chairman of the Board of Commissioners and that said Chairman of the Board of Commissioners and said Clerk to the Board of Commissioners subscribed their names thereto, and said common seal was affixed by order of the Board of Commissioners, and said instrument is the act and deed of said County of Jackson. WITNESS my hand and notarial seal, this � day of --Yc" -e-- 2014. Notary Public My Commission Expires: (NOTARIAL SEAL - STAMP) o�aRr _ C z ON N W +E SS DUKE ENERGY iEla TucTucogeo RlRlvor Accoss a Rrvor Mob 17 6 et WhMlor Access Aron j River Milo 20 6�/.C.'�j Tuckasegee River kt�as 0 1 2 3 4 u.po.. DIMM0014 n 0 c'b r 113arkors Crook AccaSS Area i J Rlver,Mile 26 8 f TuckasoegeeOutCrttero� River Mile 27 1 'r., J ' Olt, _/, to _ h OIIlaboroRiverCOmparry. L",-, " River Milo 31 5Y'f S C J Harrfs Access Aros R{vor Mue 3 i 9 s Scotts Creek IL"ust Crank Access Areal J River Mile 17 4 ,S /' .[-- r ff{{-- Lena Oavts Landing i' FT. Rvor Accoasj r f „s River Milo 41 2 � jJ _11LiMalory�orto`Co Aieundl -„� `� � , i�,CWimvlwu Oam>� ( J' yyr{ y I IEF WF Connnarrcal t- ! River Moe 49 6 lShook Cava TakawOr m River Mlle 60 8 Tuckasa oo Paworhouso Acgcoss Aron ! r River Mile 1 6 / V 4 f - g+ EAST LAPORTE LOCATOR MAP EXHIBITA r •v c�'� -F °r�r T`04- F�Bf �PN ° -4- Shoo— k Cove ,i Access Area tivor We 51 31 Jill a, ti rr yyy` Z" / e N Y co • �aemc \', � y � t 3 ��3 w -` • ... - EAST LAPORTE RIVER ACCESS PARK UPGRADES - CONCEP'T'UAL PLAN EXHIBIT B PS�ENT Of tyF o�P �ym United States Department of the Interior N p—o FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street �4RCH 3 Asheville, North Carolina 28801 June 19, 2014 Mr. Wilson G Hunter Davis & Floyd, Inc 816 East Durst Ave Greenwood, SC 29649 Dear Mr Hunter Subject Comments on construction plans, Duke Energy Tuckasegee River East Laporte Access Area Project, Jackson County, North Carolina We have reviewed the information provided for construction of facilities to enhance river access at a site on the Tuckasegee River at East Laporte, an area already managed for recreation in Jackson County, NC The facilities will be constructed provide river access for small watercraft The area is located on Hwy 107 about 3 miles east of Cullowhee Duke Energy will install a concrete boat ramp and a gravel parking lot American Disabilities Act (ADA) compliant parking and sidewalk will be provided to the ramp area The boat ramp will be approximately 14 feet wide, approximately —25 feet long, 9 -10 inches thick with stone underneath The concrete ramp will be constructed using a '*poui and push" method, where the lamp is formed and poured upland on shore and then pushed into its final location after the concrete has properly cured Appropriate grading equipment will be utilized to level the area to the boat ramp specifications Appropriate sediment and erosion protection best management practices (BMPs) will be utilized to protect the waters of the Tuckasegee River Approvals for land disturbance activities and floodplain development permits will be obtained from Jackson County as required prior to construction activities Recommendations. We recommend revegetation with native deep- rooted species along th shoreline adjacent to the ramp Riparian buffers should be re- established with plantings of natives species such as silky dogwood, and multi -stem river birch, wherever possible Please communicate the importance of erosion control and other design features and construction phasing to all contractors and staff on site We recommend grading to feature a vegetated swale area (raingarden) for stormwater reduction Again, vegetative plantings should feature native species Endangered Species Act. We are familiar with the site We have records of the endangered Appalachian elktoe (Alasmidonta ravenehana) in a downstream reach of the Tuckasegee River, and there is designated critical habitat for this species We also have records of the Candidate species Sicklefin redhorse (Moxostoma sp ) from the downstream area Based on our knowledge of the site, the drawings, the distance to downstream habitats, and the commitment to construct this facility with the utmost care and erosion control, we find the proposed project will have no effect on the Appalachian elktoe, nor will it constitute an adverse modification of critical habitat According to our records and a review of the information you provided, no federally listed species or their habitats occur on the subject site Therefore, we believe the requirements under section 7 of the Endangered Species Act are fulfilled However, obligations under section 7 of the Endangered Species 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 Conclusion Based on our review of the information provided, we do not object to the proposed access area plans Given the proximity of this project to aquatic environments, we want to emphasize that stringent measures should be in place to control sediment and erosion We look forward to working with you and Duke Energy to ensure that our recommendations are implemented and that impacts to fish and wildlife resources are minimized If you have specific questions concerning these comments, please contact me at 828/258 -3939, Ext 227 In any future correspondence concerning this project, please reference our Log Number 4 -2 -07 -242 Sincerely, - original signed — Mark A Cantrell Fish & Wildlife Biologist 2 w o Z ter' cn 0 N U 2123 o N O / W _ o uWi w N Q wp\ y .... LLJ N . �, X • W LV LV N N U L �0 N • ` N W a O� cC' Z Q V v O W = W 4 N 0 Z Cl) ) N N W r ul 2ijo O � T X � W W N W H w d > @ r h { j goa- MM �0 EcLi�gE m_ - - — _ a x W O CO o ouW O o o Q g s2r O cD w�� O to W Z 2 d o , c �Bvzo W o OD to Z a, x LLLS ye W i a S E � Q o G Q O Z �, m�m�0 O w t'n co to y Z_� a C o f g p p wy4 WC-4 `o 5 £ € F E LL O 5 Z 1— o ... i F° g Z a ° O OG w �S g' W J "- r.r Ro O tJi O Z z d y a s His W Q �tz a5Y o� E �c '^ V J I { 2.^y°y V pL d o J o I ❑ O ❑❑ ❑ a O 0 0 LL 0 I Ll UCJLI UU U lJ V m D" E w o Z ter' cn 0 N U 2123 o N O / W _ o uWi w N Q wp\ y .... LLJ N . �, X • W LV LV N N U L �0 N • ` N W a O� cC' Z Q V v O W = W 4 N 0 Z Cl) ) N N W r ul 2ijo O � T X � W y w W �mm r E LLI r � g ` W x 'S W Mp E��DE CL Ell O p Ni s„ c°OD a O C o W om CL zo .. W rup BSN v tD GL� Ep uSSS a W L 8 n Q o =cam Q O m Em �i = O W U d o `o u r €FELL LO O Z C U) Y i$ W N r 1 v ej u°� ? :Z e� o _ i > rn 1'i f ° c . w W S d �- M O `Y,S S F` W J _ SOL o.2 OJ O Q a SL Y U- d mr aY LL z d N �I W Q = of E d J Lui u o � y Q p� ��E o C) V D O O Q 0 V O V1 ItVi o$ D., Jll U c E i a e d d m 3o c a °p u w m O C .� ? >, N O m C C 'Q O O@ U c m m" C O O O NL _pY C 4) U) D LL �o Cj0U �m ca N N Co Q N c LL > > E N o v U) U mvr- > o°'>co m °-' 'V vas Q LLI `-"F 0 0) � c v m W LL W tm � m m W o m m C w o O Q m o O c o C 7 O o ° c '0 O N O d'�m -6 o� E3 m oar u, cc c°'•- �o n O \ m CD <L o� >�o _C' 3:- u)m aQ ��p oai U = W m cm c°;c m w U c a p c° U >• 1O Q O U O z m C O L U) u N W in ..Z Imo � m u E E v � ° ai c Q H Q Q �� m L� o of o c� u,3> U) d cn= ��a� cn0 aNa,o j� o� a`)io° -' �� O QU O 'D r o > �,cn > c 3 ca mon 'a 0 Q J OJ�~ o"< � v ` o c � : i0 � cS W °M vo@ c0 �rm° n c m ui cQ A o O = om v m W O Q Z a "0 Q U cm< " N c � ai c Z O O O O N cV W W O Z U N O m a _ LL Z u 0 a) Y ° °' CD Q = O O Q 8 — d O a o 0 (D G O � W Z E a, 4) W W � � '� �o of � m T-w � 3a w > � � T- a> c a� m ai o w �N T a a°c m ° Ch 01 � >,a)o W m Q E O o�wV W of o�To« ° Om c c o-C C) $ t 0 N ao Q p O Z j Q O 1d W LL O O m u 7 O 'D t y 0 O O i m Q - c°�y�� LL v v m to Lo L au E N iip O- .0 a�0 oC Q c(D _j o�N E N Of c ) t° ;0 t Q J O 0 c: p J a) co Q Q a > N Q �dQ Z - mm Em °� n W W C U O W U y U' m °a� m mo Q W o o� s@ o O ,. Q ~ m mOZ00 ILUL O'D o < o Oo Q c L= O ��oo QQ c T O- a a>i Q Q Q Q Q Q > O NW W W W W W W W �`r`- . Z Z Z / a � Z Z Z Z Z Z Z ,n •' y« N N N o U) o O o o O O O O t .c o u. N N N N N N