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HomeMy WebLinkAbout20071868 Ver 1_401 Application_20071107TA Devine Tarbell & Associates, Inc. Gmnuldng Enpiceem, Scienuxu, & Regul~tr~ry Speculwa October 26, 2007 ~t~~' ' ' ~ t t ~ Principals: fgl~ii ~ TS~~ifi~ ~tE., President 1\ [ €~ dhn.C.lTazbell, P.E. James M. Lynch Edwin C. Luttrell, F.E. D ~~~~~~ NOV ,6 2007 4ENR -WATER ~ 7- 1 S 6 S WE1IgNpg AND STq~r~~ H Ms. Cyndi Karoly -Supervisor North Carolina Department of Environment and Natural Resources Division of Water Quality - 401/Wetlands Uriit 1650 Mail Service Center Raleigh, NC 27699-1650 Subject: Catawba-Wateree Hydroelectric Project (FERC No. 2232) Bridgewater Powerhouse Construction Project Clean Water Act Section 401 Water Quality Certification General Certifications 3634 and 3631; IWGP 100000 Dear Ms. Karoly: Duke Energy Carolinas, LLC (Duke) is in the preconstruction planning phase of the Bridgewater Powerhouse Construction project (the project) immediately adjacent to the Linville Dam. The development is owned and operated by Duke and is located approximately 10 miles west of Morganton, North Carolina in Burke and McDowell Counties. Duke is proposing to construct a new powerhouse at the Linville Dam. This facility is licensed and regulated by the Federal Energy Regulatory Commission (FERC) and the proposed improvements are the result of a nationwide effort to increase the safety of dams and structures for potentially catastrophic events. Duke has contracted with Devine Tarbell & Associates, Inc. (DTA) to conduct the regulatory and environmental work associated with the powerhouse project. On July 20, 2007, DTA scientists conducted a formal delineation of waters of the US and a rare, threatened, and endangered (RTE) species survey. Jurisdictional wetlands and waters of the US were surveyed and mapped using the routine methodology outlined within the 1987 US Army Corps of Engineers Delineation Manual. The North Carolina Natural Heritage Program Element Occurrence database and the United States Fish and Wildlife Service RTE Species database were consulted for information and locations of known RTE species within Burke County. During the field investigation, all known elements and their preferred habitats occurring within the county were surveyed for by experienced personnel. T: 704.377.4182 400 S. Tryon Street, Suite 2401, Charlotte, NC 28285 F: 704.377.4185 Portland, Maine Charlotte, North Carolina Sacramento, California York, Pennsylvania 207.775.4495 704.377.4182 916.564.4214 717.741.9850 www.Devine 1'arbell.com Syracuse, New Yurk Seattle, ~G'ashin~rton Bellingham, Washington Boise, Idaho 315.451.2325 425.391.0523 360.671.1150 208.319.1977 J Ms. Karoly October 26, 2007 Page 2 DTA Investigators identified and mapped two jurisdictional waters of the US and one wetland within the area of project impact. Proposed permanent impacts to jurisdictional waters including wetlands include the following: ^ Installation of a culvert and fill along 50 feet of an unnamed perennial tributary (Stream #1) of the Catawba River and a small segment of associated wetlands (less than 0.01 acre); ^ Excavation of approximately 180 feet of the Catawba River bank to connect the tailrace of the new powerhouse with the river; ^ Hand-clearing of approximately 4,500 square feet of Catawba River buffer; and ^ Fill of approximately 0.30 acre of isolated open water of the state. Proposed temporary impacts include the following: ^ Fill of 170 feet of Stream #1 and its associated wetland (approximately 0.02 acre); ^ Installation of a coffer dam or similar device to divert flow from Stream #1 in order to maintain downstream flows; ^ Temporary hand-clearing of approximately 5,000 square feet of Catawba River buffer; and ^ Installation of a coffer dam within the Catawba River around the proposed tailrace work area (approximately 2701inear feet). Due to the nature of the project, total avoidance of impacts to jurisdictional waters of the US and state including wetlands would be prohibitive. However, through an extensive siting process, proposed permanent impacts have been minimized and proposed temporary impacts have been designed to have a minimal adverse effect on aquatic life and hydrologic functions. Best management practices (BMPs) will be utilized within the buffers including hand clearing of trees, no grubbing of the root mat, and installation of silt fencing. All temporary fill will be removed upon project completion and the site will be returned to original grade. Erosion and sediment control measures that meet or exceed the most current version of the North Carolina Erosion and Sediment Control Planning and Design Manual will be installed and maintained for the life of the project. Because the project is located in a North Carolina Wildlife Resources Commission (WRC) designated trout county, a copy of all joint 404/401 application documents have been sent concurrently to Mr. Ron Linville of the WRC for comments and approval for work within a North Carolina trout county. The North Carolina State Historic Preservation Office (SHPO) has been contacted regarding this project and has requested a formal archaeological survey of the area for historic resources. Although Duke has contracted with an experienced archaeologist to identify and evaluate the significance of archaeological remains that may be damaged or destroyed by the proposed project, the survey has not been completed at the time of this writing. Duke will furnish the completed survey to the SHPO for comments and to your office to append to the final permit document. At that time Duke will request that the SHPO supply their comments to your office directly to facilitate timely review of the permit application. Ms. Karoly October 26, 2007 Page 3 TA Enclosed please find seven copies of all joint 404/401 permit application documents and a check in the amount of $475 made payable to the North Carolina Division of Water Quality for application processing. Two copies of all joint 404/401 application documents have been sent to Mr. Steve Chapin of the US Army Corps of Engineers, Asheville Regional Office for review and authorization under the Clean Water Act Section 404 and one copy has been supplied to the North Carolina Wildlife Resources Commission for comments and approval regarding work within a designated trout county. Should you have any questions or comments, please feel free to contact me at (704) 342-7364 or Mr. Tim Huffman with Duke at (704) 382-5185. Sincerely, DEVINE TARBELL & ASSOCIATES, INC. /~ Jason Isbanioly Associate Scientist JUcef Enclosures cc w/o encl: T. Huffman, Duke W. McGarity, DTA S. Fletcher, DTA File Devine Tarbell & Associates, Inc. Consulting Engineers, Scientists, & Regulatory- Specialists November 1, 2007 Principals: John J. Devine, P.E., President John C. Tarbell, P.E. James M. Lynch Edwin C. Lumell, P.E. 07-1868 Ms. Cyndi Karoly -Supervisor North Carolina Department of Environment and Natural Resources Division of Water Quality - 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Subject: Catawba-Wateree Hydroelectric Project (FERC No. 2232) Bridgewater Powerhouse Construction Project 401 Certification Processing Fee Dear Ms. Karoly` _o Please find enclosed a check in the amount of $95.00 made payable to the North Carolina Division of Water Quality. This check supplements the $475.00 check attached to the Bridgewater Powerhouse Construction Project 401 application sent to your office this week. The total of both checks ($570.00) reflects the 401 certification rate increase that went into effect September 1, 2007. Should you have any questions or concerns please contact me at 704-342- 7364. Sincerely, Devine Tarbell & Associates, Inc. ``.~. Jason Isbanioly Associate Scientist ~~ ~ ~~~ fii,~~ a ~~ ~~~U ~ zoa~ 1NEf1?~ND? p,,u~ ~~ ft~'1"~:'~P,T~~R'.3PA1~rFi T: 704.377.4182 400 S. Tryon Street, Suite 2401, Charlotte, NC 28285 F: 704.377.4185 Portland, Maine Charlotte, North Carolina 207.775.4495 704.377.4182 Sacramento, California York, Pennsylvania 916.564.4214 717.741.9850 www DevineTarbell.com Syracuse, New York Seattle, Washington Bellingham, Washington Boise, Idaho 315.451.2325 425.391.0523 360.671.1150 208.319.1977 1 1 Please provide the following info: _.. 1 = Corps Submittal Cover Sheet ~ ~~ -!_'a ~ j 1~ _I (j ! i u ' 1.Project Name: Bridgewater Powerhouse Construction Project (FERC Project No. 2232) ' 2.Name of Property Owner: Duke Energy Carolinas, LLC 3.Name of Consultant /Agent: Devine Tarbell & Associates, Inc (Mr. Jason Isbanioly) * Agent authorization needs to be attached. ' 4.Related/Previous Action ID number(s) 2007-2247 ' S.Site Address 5790 Powerhouse Road NC 28628 6.Subdivision Name: 7.City: Glen Al 8.County: Burke ' 9. Lat: 35.7428 N l0.Quadrangle Name: Long: •81.8369 (Decimal Degrees Please Glen Alpine 11.Waterway: Catawba River ' 12.Watershed: Catawba 13.Requested Action: Nationwide Permit # 33&39 ' 3634 3631& IWGP ' ® General Permit # 1000000 ^ Jurisdictional Determination Request ^ Pre-Application Request G ~~~~~ nn NO V 5 U 200 AENR - WA ~~~~~ 1 1 Duke IEnergy~ Engineering & Technical Services 526 S. Church Street Charlotte, NC 20202 October 22, 2007 Mr. Steve Chapin -Project Manager Asheville Regional Office United States Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Re: Duke Energy Carolinas, LLC Catawba-Wateree Hydroelectric Project (FERC No. 2232) Bridgewater Powerhouse Construction Project Agent Authorization Letter Dear Mr. Chapin: Duke Energy Carolinas, LLC. (Duke) of Charlotte, North Carolina is in the pre- construction planning stage of a new hydroelectric powerhouse near on the Catawba River, below Lake James, near the town of Morganton in Burke County, North Carolina. The preferred siting alternative of the powerhouse project will impact some potentially jurisdictional waters of the US. Duke has contracted with Devine Tarbell & Associates, Inc. (DTA) to perform a wetland delineation and resource assessment on the proposed site for the purpose of obtaining the necessary Clean Water Act section 404/401 permits and water quality certifications. DTA, as represented by Mr. Jason Isbanioly will be Duke's authorized agent in the coordination, preparation, and submittal of the pre-construction notification permit package. Mr. Isbanioly has full signatory authority for this project as granted by Duke. If you have any questions or require further information on this matter feel free to call me at (704) 382-5185 or Mr. Isbanioly at (704) 342-7364. Sincerely, ~_ Timothy L Huffman Senior Project Manager 1 0 z - ~ ~ ~ a r~~Y°~E ,-~- ii~~'r`~%~~' t Office Use Only' Form Version March OS USACE Action ID No. DWQ No. (If any particular item is not apphcabie to tries project, please enter ..i~ot t~ppiicaoic ~r ~~~h .~ 1 I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ^ Section 10 Permit ® Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWPs 33 & 39 (GCs 3634 & 3631 IWGP• 100000 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check ~ ~ ~ V v II. Applicant Information NOV .5 2007 1. Owner/Applicant Information ()ENR -WATER QUALITY Name: Duke Energy Carolinas LLC (Tim Huffman)WETtAI~3A1rosTO~e~wt~,nuRH Mailing Address: 526 South Church Street Mail Code: EC l OA Charlotte NC 28202 Telephone Number:~704) 382-5185 Fax Number: E-mail Address: TLHuffman(cr~duke-ener$y com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Devine Tarbell & Associates Company Affiliation: Jason Isbaniol~(Associate Scientist) Mailing Address: 400 S Tryon Suite 2401 Charlotte NC 28285 Telephone Number: (704) 342-7364 Fax Number: (704) 377-4185 E-mail Address: jason isbaniolyna devinetarbell com Page 5 of 14 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map ' and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property ' boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that ' the project has been placed on hold until decipherable maps are provided. 1. Name of project: Bridgewater Hydroelectric Powerhouse Demolition and Rebuild Project ' 2. T.LP. Project Number or State Project Number (NCDOT Only): J ' 3. Property Identification Number (Tax PIN): 175300872488 ' 4. Location County: Burke Nearest Town: Glen Alpine Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Interstate 40, take ' exit 94 D~artsville Road turn north and go approximately 0.5 mile. Turn left (west) on US Highway 70 and go 1 7 miles Turn richt (north) onto Bridgewater Road and ¢0 2.7 miles ' (Bridcewater Road changes to N Powerhouse Road) Turn right (southwest) onto Powerhouse Road 0 0 5 mile End at 5790 Powerhouse Road powerhouse is on the left side of the road. and g _ ' S. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.7428 °N 81.8369 °W 6. Pro e size acres : 26.8 p rtY ( ) ' 7. Name of nearest receiving body of water: Catawba River (Old Linville River) 8. River Basin: Catawba River Basin ' (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http•//h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site conditions reflect current usage as a hydroelectric Page 6 of 14 owerhouse i.e. owerhouse structure out-buildin switch and arkin area maintained lawn area) Historic land use is heavily impacted by creation of Lake James. Prevailing ' general land use in vicinity is primarily forested agLiculture and small residential. See Project Narrative ' 10. Describe the overall project in detail, including the type of equipment to be used: Demolition of the existin~,=powerhouse and construction of the new powerhouse will require the use of heave ~radin~ equipment dump trucks and a gantry crane. To provide access to the site approximately 50 linear feet of a first order jurisdictional perennial stream will be permanently placed in a culvert Approximately 170 feet of the same stream will be temporarily dewatered and filled to provide site access Temporary impacts involve the use of a diversion ditch around system to maintain downstream flows. This section of stream will be returned to on i~ nal grade flow and condition upon project completion. See Prolect Narrative. ' 11. Ex lain the purpose of the proposed work: The owerhouse is being_demolished and built p to provide room for the FERC mandated Linville Dam embankment stability Prolect. The ' improved Linville embankment will necessarily extend approximately 100 feet Past the existing powerhouse footprint See Project Narrative. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and ' certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. NA V. Future Project Plans ' Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. ' No future permits are anticipated for this powerhouse relocation proiect ' VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to ' wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from Page 7 of 14 riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts: One jurisdictional first order perennial stream is located onsite A~ermanent culvert will be installed on the upper 50 feet of stream the lower 170 feet will be temporarily dewatered using a diversion ditch and HDPE pipe sXstem Approximately 180 linear feet of the Catawba River right descending bank will be excavated to the ordinary high water mark to connect the tailrace to the river. 0 03-acre of isolated waters will be~ermanently filled. See Project Narrative. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, ~enarately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within 100-year Distance to Nearest Area of Impact Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres) (indicate on map) herbaceous, bog, etc.) ( es/no) (linear feet) 1 Permanent PEM No 0 0.003 2 Temporary PEM No 0 0.01 Total Wetland Impact (acres) 0.013 3. List the total acreage (estimated) of all existing wetlands on the property: 0.013 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib ' walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams mli~t he included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Stream Width Im act p Area of Number Stream Name Type of Impact Intermittent? Before Impact Length Impact (indicate on map) (feet) (linear feet) (acres) 1 Unnamed Permanent Perennial 3 50 0.003 2 Unnamed Temporary Perennial 3 170 0.01 3 Catawba River Permanent Perennial 125 180 0.0] 4 Catawba River Temporary Perennial 125 277 0.25 632 (230 Total Stream Impact (by length and acreage) feet of 0.023 permanent impacts) Page 8 of 14 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic ' Ocean and any other water of the U.S.). Open water impacts include, but are not limited to I;tt PY~a~at;~n ~1rPrluinu_ fln~ciin~_ drainage. bulkheads, etc. 1 1 1 -~ Open Water Impact -~ --- Type of Waterbody Area of Site Number Name of Waterbody Type of Impact (lake, pond, estuary, sound, Impact (indicate on map) (if applicable) bay, ocean, etc.) (acres) 1 Stillin Basin Permanent Isolated waters of the state 0.30 Total Open Water Impact (acres) 0.30 6. List the cumulative im act to all Waters of the U.S. resultin from the ro~ect: Stream Im act (acres): 0.023 Wetland Im act (acres): 0.013 Open Water Im act (acres): NA* Total Im act to Waters of the U.S. (acres) 0.036 Total Stream Impact (linear feet): 632 (230 feet of permanent im acts) *Isolated open water impact (0.30) was not included because the basin is not a waters of the U.S. 7. Isolated Waters Do any isolated waters exist on the property? ®Yes ^ No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. The stilling basin located adjacent to the powerhouse will be permanently filled to provide make room for the new powerhouse footprint A site visit conducted by the United States Corps of Engineers determined that the stilling basin is not a Jurisdictional Waters of the U S At normal water levels the basin is approximately 0.30-acre. At generation flow the basin is proximately 0 50-acre Please refer to Appendix C of the Proiect Narrative for a copy of the USACE Notification of Jurisdictional Determination. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam embankment, excavation, installation of draw-down valve or spillway, etc.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Current land use in the vicinity of the pond: NA Size of watershed draining to pond: NA Expected pond surface area: NA VII. Impact Justification (Avoidance and Minimization) Page 9 of 14 ' Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Site accessibility is constrained by the small property size. Alternative impacts were analyzed for access practicality and t resource impacts. Impacts were reduced from approximately 366 feet of permanent stream impacts to a combination of permanent and temporary impacts. Temporary impacts to the lower 170 feet of stream allow for the ma1ority of free flowing channel to be restored after project ' comRletion. Impacts to the Catawba River bank are necessary to install the tailrace. See Project Narrative. ' VIII. Mitigation 1 DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at htt~//h2o. enr.state. nc. us/ncwetlands/strm tide. html . Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Page 10 of 14 Comnensatorv mitigation will be provided for in the form of payment into the Ecosystem ' Enhancement Pro>;ram's In-lieu Fee Fund See Project Narrative. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For ' additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 210 Amount of buffer mitigation requested (square feet): 4.500 ' Amount of Riparian wetland mitigation requested (acres): NA Amount ofNon-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) ' 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to ' required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the ' applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC ' 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ^ Page 11 of 14 ' 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. 1 1 1 ~ x~. 1 1 1 1 ' x~~. 1 1 1 1 Zone* Impact s uare feet Multiplier Required Miti ation 1 2,700 3 (2 for Catawba) 5,400 2 1,800 1.5 2,700 Total 4,500 8,100 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. Unavoidable riparian buffer impacts are associated with creation of the powerhouse tailrace. The proposed tailrace is located within the existing ROW minimizing total disturbance. Disturbances associated with dam maintenance to the riparian buffer categorized as "allowable" under Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers Section 6 Table of Uses. Duke proposes to mitigate for impacts through payment into the Riparian Buffer Restoration Fund. Additional temporary buffer impacts (approximately 5,000 sq. ft), as well as a preliminary restoration flan are described in Section 4.2 of the attached Project Narrative. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Impervious surfaces will remain relatively similar to existing conditions and they include the buildins? itself, the parking area, and the driveway. Based on current impervious surfaces and proposed impervious surfaces, the percentage of impervious surfaces to total project area is estimated to be 2%. Stormwater mana ement will follow current design and be channeled via vegetated conveyances to an existin d~~e Swale. See Project Narrative. Sewage Disposal (required by DWQ) 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. The sanitary waste from the powerhouse facility bathroom (located on the Generator Floorl and hand wash /utility sink (located on the Turbine Floor) shall be collected in a common header and avit~ drained to a holding tank lift station), located in the basement. The lift station shall include a sewage~rinding_pump. Once the sewage in the holding tank rises to apre-determined level the rig nding_pump shall pump the raw sewage out of the powerhouse to a septic tank. The septic tank shall gravity drain to a leach field located on site. The Contactor shall hire an outside Page 12 of 14 a~~ltractor to ~ropcrly cj~sinn and install ~~ll of the ~c~ihment for th____~<uutaiy ~~~~~r syst~m un the site. The design and c.apacitY requn-ementti shrill meet the Fn~atn~ers a~a~cn~l a1i,n~.~ ~~-ith all local and stag re~~ure~l~ents for a sanitary se~~er s~t~;~~. tlil. Violations rcc aired b~' D~'L ( I ~ Q) Is this site in violation of Dti~'Q «'etland Rules (ISA NCAC ?H .?500) or piny E~uf_f~r ~.l~l~s? Y"es ^ No Is this an after-the-fact permit application? Yes ^ No ~~ilV. Cumulative impacts (i~equia-r~d h~ ~~~-(,~) 1 ~,l"ill this project (based on past a!~d reasonably anticipated fat,,;~e m~paets) result in ~~ddition~~l development, which could impact nearby downstream water quality' Yes ^ No If yes, please submit a qualitative or quantitative cumulative imp~2~a analysis in aecor~l~~nce with the most recent North Carolina Division of ~y`ater Quality policy posted on our ~E~ebsite at http:i h2o.enr.state.nc.usnc~~~etlands. If no, please provide a short narra[ive description: Xti. (>tltc~~' ~~i~-C't~tust~tstce~ti ~C)1?tir~9Y~=i~: It is the ~it?laiic.~nt's responsibility to submit the apl~~lication sufficiently pn a~ivt~nce of desired construction dates to allow processing tim~_ for these pern7its. However_ _stl applicant may choose to list constraints associ,~red with co~YStruction or scgt~ec~t~ing tht~t may im~~ose limits o~7 woriz schedules {e.u., draw-down schedules for h~i::es, dates associ<t'ed with En~laiit=erect and Thi-e<~te~~ed Species.~accessibility problems. or other issl~ies outside of rile a,~plicant's control). :lpplicanti:~~cnt's 4i~nature ihiCe ~~. (Agent's signature is vtiiHd only if an attthoriz~~tion letter from the ~Ipplical~t is provided.) P;<<~c l3 of 1 ~ Crescent Resources LLC 400 S. Tryon St. Suite 1300 1 Charlotte, NC 28285 1 1 1 Adjoining Land Owners Page 14 of 14