HomeMy WebLinkAbout20071474 Ver 1_Public Notice_20071011Im
US Army Corps
Of Engineers
Wilmington District
o7-ILll4
PUBLIC NOTICE
Issue Date: October 9, 2007
Comment Deadline: November 8, 2007
Corps Action ID #: 2007-02952-356
The Wilmington District, Corps of Engineers (Corps) has received an application from Duke
Energy Corporation, represented by Mr. Joseph W. Carriker, seeking Department of the Army
authorization to impact 0.06 acre of waters of the United States in order to construct a boat ramp
on the Little Tennessee River in Macon County, North Carolina.
Specific plans and location information are described below and shown on the attached plans.
This Public Notice and all attached plans are also available on the Wilmington District Web Site
at www.saw.usace.anny.mil/wetlands
Applicant: Duke Energy Services
Lake Services
Attention: Mr. Joseph Carriker
Post Office Box 1006
Charlotte, North Carolina 28201
Agent: Davis & Floyd, Incorporated
Attention: Mr. R.L. Powell
FY
Post Office Drawer 428
Greenwood, South Carolina 29648
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act
(33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
Location
The project area is located on the Little Tennessee River on Lakeside Drive in Franklin, Macon
County, North Carolina. The Main Street Bridge is located approximately 2200 feet to the east
of the project area. Coordinates for the site are 35.1897 north and -83.3783 west.
Existing Site Conditions
The Little Tennessee River is approximately 150 -ft wide at the project area. The immediate area
is largely undeveloped land along the river, but the project area is surrounded by the City of
Franklin.
Applicant's Stated Purpose
To construct this project in order to satisfy Federal Energy Regulatory Commission (FERC)
licensing requirements.
Project Description
The proposed project consists of permanently impacting (filling) 0.06 acre of the Little
Tennessee River in order to construct a 65' x 16' boat ramp. Approximately 65 feet of the ramp
would extend into the river at or below the ordinary high water mark (OHWM) in order to
achieve a water depth of approximately 9 feet at the end of the boat ramp. The maximum grade
of the boat ramp would be 15 percent. 400 cubic yards of rip rap and 26 cubic yards of cement
would be used in construction of the boat ramp.
A gravel entrance road, gravel parking lot, and a 10' x 30' fishing platform would also be
constructed as part of this project, but no part of these structures would impact waters of the
United States.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate State
agencies for review. The Corps will generally not make a final permit decision until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and
this public notice combined with appropriate application fee at the North Carolina Division of
Water Quality central office in Raleigh will constitute initial receipt of an application for a 401
Water Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to act on
this request for certification within sixty days of the date of the receipt of this notice in the
NCDWQ Central Office. Additional information regarding the Clean Water Act certification
may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321
Crabtree Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make
comments regarding the application for certification under Section 401 of the Clean Water Act
should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ),
2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260 Attention: Ms Cyndi Karoly by
November 8, 2007.
In addition, this project may be located in a watershed subject to Tennessee Valley Authority
(TVA) permit requirements pursuant to Section 26a of the TVA Act. This Public Notice and all
application materials are being forwarded to Rachel Terrell, 260 Interchange Park Drive, Lenoir
City, Tennessee 37772-5664. Questions or comments regarding Section 26a permit requirements
should be directed to the above address.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic Places
and is not aware that any registered properties, or properties listed as being eligible for inclusion
2
therein are located within the project area or will be affected by the proposed work. Presently,
unknown archeological, scientific, prehistoric, or historical data may be located within the
project area and/or could be affected by the proposed work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the applicant and
consulted the latest North Carolina Natural Heritage Database. Based on available information,
the Corps has determined pursuant to the Endangered Species Act of 1973 (ESA), that the
proposed project may affect federally listed endangered or threatened species or their formally
designated critical habitat. The project area is located in designated critical habitat for the
Spotfin Chub. Consultation under Section 7 of the ESA will be initiated and no permit will be
issued until the consultation process is complete.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The
benefit which reasonably may be expected to accrue from the proposal must be balanced against
its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof; among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife
values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of the
impact of the activity on the public interest will include application of the Environmental
Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidate State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps of Engineers to
determine whether to issue, modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic properties, water
quality, general environmental effects and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be
granted, unless the District Engineer determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received by the
Corps of Engineers, Wilmington District, until 5pm, November 8, 2007. Comments should be
submitted to Asheville Regulatory Field Office, Attn: Ms. Lori Beckwith, 151 Patton Avenue,
Room 208, Asheville, North Carolina 28801-5006.
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