20231101 Ver 1_Public Notice_20230921

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PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: September 21, 2023
Comment Deadline: October 23, 2023
Corps Action ID Number: SAW-2015-01426
The Wilmington District, Corps of Engineers (Corps) received an application on
September 13, 2023 from Duke Energy seeking Department of the Army authorization
to discharge fill material into 0.90-acre of wetlands associated with the
decommissioning of the RUTHE-070 Main Dam during the coal ash basin removal
process in Mooresboro, Rutherford 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:
https://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Public-Notices/
Applicant: Lori Tollie
Duke Energy
500 Utility Drive
Lewisville, North Carolina 27012
AGENT (if applicable):
Authority
James Cutler
WSP USA Environment & Infrastructure
4021 Stirrup Creek Drive
Durham, North Carolina 27703
The Corps evaluates this application and decides whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
❑x Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413)
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Location
Location Description: The proposed project is located within the Duke Energy Rogers
Energy Complex-Cliffside Stream Station at a physical address of 573 Duke Power
Road in Mooresboro, North Carolina. This facility is located approximately one and one-
half miles to the south of the unincorporated community of Cliffside, in Rutherford and
Cleveland Counties, along the south side of the Broad River.
Project Area (acres): Approximately 90 acres
Nearest Town: Mooresboro
Nearest Waterway: Broad River
River Basin: Broad River
Latitude and Longitude: 35.2078 N,-81.7686 W
Existing Site Conditions
The project site is fully encompassed by the Duke Energy Rogers Energy Complex-
Cliffside Stream Station power plant facility. The specific project area is located within
the power plant complex at the Unit 5 Inactive Ash Basin (U51AB) which is currently
within the closure process including removal of Coal Combustion Residual (CCR)
materials. The project area shown is references the area identified as State Dam
RUTHE-070, which is located between the U51AB CCR basin and the Broad River. An
approximate 0.90-acre bottomland hardwood forested wetland, identified as Wetland C,
is located on the north side of the dam, directly abutting the Broad River.
Applicant's Stated Purpose
The purpose of the project, as stated by the applicant, is to breach and remove the
State Dam RUTHE-070 (Main Dam) based on the need to address the North Carolina
Coal Ash Management Act (CAMA)-14 regulatory requirements related to coal ash
basin closure (i.e., U51AB) at the Cliffside Stream Station, and dispose of CCR materials
in a safe and timely manner.
Project Description
Enacted on August 20, 2014, the promulgation of the North Carolina CAMA-14 requires
Duke Energy to phase out wet ash handling. In order to address the North Carolina
regulatory requirements, the applicant has proposed to remove the CCR materials from
U51AB and remove the Main Dam. Once the CCR materials and the Main Dam have
been removed, the proposed project would establish a pathway to route clean
stormwater to the Broad River. Within the former ash basin, the applicant has proposed
the construction of five stormwater channels and the reconnection of two existing
stream features (Streams 7 and 8) through a single outlet channel to discharge clean
stormwater into the Broad River. The outlet channel would consist of an engineered
stormwater channel comprised of grouted riprap, with a gabion outlet into the Broad
River, as depicted on Drawings CLS_C999.011.007, CLS_C999.011.017, and
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CLS_C999.011.201. The outlet channel, as proposed would permanently impact 0.9-
acre of Wetland C.
Avoidance and Minimization
The applicant provided the following to document efforts to avoid and/or minimize
impacts to the aquatic environment:
Per the applicant, appropriate/practicable measures to minimize adverse impacts to
waters of the U.S. (WOTUS) were considered during project planning. Complete
avoidance of WOTUS is not practicable due to the location of Wetland C on the
landscape (lowest topographical location and directly abutting the Broad River), and the
necessity of the stormwater outlet channel to meet the project purpose and need. The
proposed impacts to WOTUS are limited to only Wetland C; no other wetlands or
stream features within or outside of U51AB and Main Dam areas would be impacted.
An Erosion & Sediment Control (E&SC) Plan is currently being produced in accordance
with North Carolina E&SC Planning & Design Manual. Activities would be completed in
accordance with North Carolina Department of Environmental Quality rules/regulations.
The E&SC Plan developed for the project includes a permit drawing set showing the
erosion sediment control measures for initial, interim, and final conditions; interim
conditions hydrologic and hydraulic (H&H) calculation; and final conditions H&H
calculation.
Compensatory Mitigation
The applicant offered the following compensatory mitigation proposal to offset
unavoidable functional loss to the aquatic environment:
Compensatory mitigation for the permanent 0.9-acre impact to Wetland C would be
provided through credit purchase via the North Carolina Division of Mitigation Services
In -Lieu Fee Program. No mitigation banks (service areas) in the Broad River Basin,
specifically within HUC 03050102, offer wetland credits at the present time.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C
of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix
C, the District Engineer consulted district files and records and the latest published
version of the National Register of Historic Places and initially determines that:
❑x No resources listed in or eligible for inclusion in the National Register of Historic
Places are known to be present in the vicinity of the proposed work; however, the
permit area has not been formally surveyed for the presence of cultural
resources. Additional work may be necessary to identify and assess any cultural
resources that may be present. This notice serves as a request to SHPO, THPO,
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and/or other interested parties to provide any information they may have
regarding historic properties.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps -identified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps 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 determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
❑x For the proposed project, the Corps has made the following determination for
federally listed endangered or threatened species or their formally designated
critical habitat: May Affect, Not Likely To Adversely Affect
❑x By copy of this public notice, the Corps initiates consultation under Section 7 of
the ESA and will not make a permit decision until the consultation process is
complete.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the
appropriate State agencies for review.
North Carolina Division of Water Resources (NCDWR):
❑ The applicant did not provide or satisfy all the elements required for a complete
401 certification request. Therefore, the 401 Certification process has not
started. The Corps will generally not make a final permit decision until the
NCDWR issues, denies, or waives the state Certification as required by Section
401 of the Clean Water Act (PL 92-500).
❑x The Corps will generally not make a final permit decision until the NCDWR
issues, denies, or waives the state Certification as required by Section 401 of
the Clean Water Act (PL 92-500). The receipt of the application and this public
notice at the NCDWR Central Office in Raleigh constitutes initial receipt of an
application for a 401 Certification. Unless NCDWR is granted a time review
extension, a waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within 120 days of the date of this public notice.
Additional information regarding the 401 Certification may be reviewed at the
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NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury
Street, Raleigh, North Carolina 27604-2260. All persons desiring to make
comments should do so in writing, within 30 days of the issue date of the notice
by emailing comments to [e-mail] with the subject line of
"401 Water Quality Certification" or by mail to:
10[a]DIT 1:ZOTTTIVS1[eli=-
Attention: Stephanie Goss, 401 and Buffer Permitting Branch
1617 Mail Service Center, Raleigh, NC 27699-1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina
27604
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 consolidated 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).
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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 will 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.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm,October 23, 2023. Comments should
be submitted to Ms. Brooke Davis, Asheville Regulatory Field Office, 151 Patton
Avenue, Room 208, Asheville, North Carolina 28801-5006, or via email at
[e-mail]. mi1. The Corps Project Manager can be contacted at (828)
271-7980 ext. 4232. Comments may also be submitted to
[e-mail].
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