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HomeMy WebLinkAbout20071868 Ver 1_Report_20071105JURISDICTIONAL WATERS OF THE U.S. AND PROTECTED SPECIES REPORT ASSOCIATED WITH THE BRIDGEWATER HYDROELECTRIC POWERHOUSE DEMOLITION AND REBUILD PROJECT u ~ ~. > ~. ~~ ~ ~ , ~ ,, ,~. ~ '` , ~,, - ~,~, a ._ .~ . ~ - ~ W ~.~ ~~. <. rt ~~ ~x ~ _ ~, ~ ~" " x x r Y 7 ~ ~ ~~ ~ ,~~~~ a:~r ~ ~ „4 `'a r' m "~ a ,~a~ ~+..~t ~ ~~,a ~ w I~ . t ~~ ~ ~ ~LL4 {} ~LI ~ ~° a +~ } ~~~ ; ~~~ .. g ,~ ~,' ~ _ ~ ._ ~ ,r ~. a ~"~ .'~• ,. ;: ~ ~ ~f Prepared for: DUKE ENERGY CAROLINAS, LLC Duke IEnergy~ Prepared by: DEVINE TARBELL & ASSOCIATES, INC. A October 2007 1 1 1 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative TABLE OF CONTENTS 1.0 INTRODUCTION ...................................................................................................1 2.0 STUDY METHODS ............................................................................................... 3 3.0 SURVEY RESULTS ............................................................................................... 4 3.1 Wetlands ............................................................................................................... . ~ 3.2 Surface Waters ...................................................................................................... . 5 3.3 Buffer Community ................................................................................................ . 6 4.0 PROPOSED IMPACTS ........................................................................................ . 6 ~.l Permanent Impacts ............................................................................................... . 7 4.1. l Culvert Installation ......................................................................................... . 7 4.1.2 Excavation of Catawba River Bank ............................................................... . 8 4.1.3 Impacts to Catawba River Buffer .................................................................. . 8 x.1.4 Fill of Stilling Basin ....................................................................................... . 9 4.2 Temporary Impacts ............................................................................................... . 9 4.2. l Connection of HOPE Pipe ............................................................................. . 9 4.2.2 Temporary Dewatering of Catawba River Section ....................................... 10 4.2.3 Temporary Impacts to the Catawba River Buffer ......................................... 10 5.0 MINIMIZATION AND AVOIDANCE MEASURES ....................................... 12 6.0 RARE, THREATENED, AND ENDANGERED SPECIES ............................. 13 6.1 Species Accounts ................................................................................................. ] 3 6.1.1 Plants ............................................................................................................. 13 6.1..2 Animals ......................................................................................................... 20 7.0 CONCLUSION ..................................................................................................... 27 $.0 LITERATURE CITED ........................................................................................ 28 APPENDICES ................................................................................................................. 33 APPENDIX A - FIGURES AND PHOTOGRAPHS APPENDIX B - WETLAND DELINEATION AND STREAM SURVEY FORMS APPENDIX C - AGENCY CORRESPONDENCE APPENDIX D - STATEMENTS OF COMPLIANCE APPENDIX E - BRIDGEWATER POWERHOUSE DRAFT MEMORANDUM OF AGREEMENT 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project ' Project Narrative LIST OF TABLES Table I. Proposed Impacts to Jurisdictional Wetlands Within the Project Boundary.... 6 Table 2. Proposed Impacts to Jurisdictional Waters Within the Project Boundary........ 7 Table 3. Proposed Impacts to Isolated Waters of the State Within the Project Boundary ........................................................................................................... 7 t t 1 1 1 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative 1.0 INTRODUCTION Duke Energy Carolinas, LLC (Duke) is proposing to construct a new hydroelectric powerhouse at the Linville Dam, which is part of Duke's Bridgewater Hydroelectric Development. The name of the Duke Project is the Bridgewater Hydroelectric Powerhouse Demolition and Rebuild Project (Project). The Project is located in Burke County, North Carolina, approximately four miles northwest of Glen Alpine, North Carolina (Appendix A, Figures 1 and 2). The Project is part of a larger, nationwide effort mandated by the Federal Energy Regulatory Commission (FERC) to increase the safety of hydroelectric dams and structures for potentially catastrophic events. The Linville Dam (along with the other dams in the Bridgewater Development) was identified as a potential safety hazard in the event of an earthquake. The Linville Dam was constructed by the semi-hydraulic fill method to an approximate elevation of 1,224 feet mean sea level (MSL) between the years 1916 and 1919. Dams constructed utilizing these methods are typically more susceptible to liquefaction under seismic loading conditions. Liquefaction is a phenomenon in which the strength and stiffness of a soil is reduced by earthquake shaking or other rapid loading. To eliminate Linville Dam's susceptibility to liquefaction the dam will be reinforced by a large earthen berm. The proposed berm will extend approximately 100 feet past the existing Bridgewater Powerhouse (built around the same time as the dam), requiring the demolition of the existing powerhouse and the construction of a new one. The Linville Dam stability project is considered a separate project. Authorization for impacts related to the dam stability project will be applied for at a later date. In association with the Project, Duke requested that Devine Tarbell & Associates, Inc. (DTA) conduct a delineation of the subject property to identify jurisdictional streams and wetlands within the Project boundary, and conduct a protected species survey of the Project area. On behalf of Duke, DTA is submitting all permit application materials to the United States Army Corps of Engineers (USAGE), the North Carolina Division of Water Quality (DWQ), and the North Carolina Wildlife Resources Commission (WRC). 1 1 t 1 1 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative According to field study findings, there is one riverine habitat (Catawba River) and one jurisdictional perennial stream, with an associated jurisdictional wetland system, noted within the proposed Project boundary. The perennial stream is located within the Project boundary and is an unnamed tributary (stream 1) of the Catawba River. The associated wetland system consists of fringe riparian wetlands of the unnamed perennial stream. A stilling basin is located adjacent to the existing powerhouse. This basin has been inspected by the USACE and was determined to be non jurisdictional under section 404 of the Clean Water Act and is therefore not considered to be a water of the US. The basin, however, maybe considered an isolated waters of the state. Duke respectfully requests that all proposed impacts to jurisdictional waters of the US including wetlands be permitted under Nationwide Permits 33 and 39 (General Certifications 3634 and 3631). Impacts to the stilling basin are requested to be permitted under IWGP 10000. A full description of all proposed impacts and minimization and avoidance measures can be found in Sections 4.0 and 5.0 of this report. Please refer to Appendix A, Figure 3, for locations of resources and impacts, and Figure 4 for project sequencing. Permanent Impacts Approximately 50 feet of stream 1 (Appendix A, Figure 3) is proposed to be placed permanently into a culvert, and the channel filled. Approximately 0.003 acre of fringe wetlands associated with the stream will also be impacted. The proposed tailrace is designed to be 180 feet wide. The elevation of the lip of the tailrace must be placed at the ordinary high water mark (elevation 1062 feet MSL) of the right descending bank of the Catawba River, requiring the excavation of approximately 180 linear feet of bank. No wetlands are associated with this impact. Approximately 0.25 acre of the waters of the state (e.g., the stilling basin) is proposed to be permanently filled. Due to site size constraints, the preferred location of the new powerhouse is on the current stilling basin location. No other impacts to waters of the US or state are anticipated from this phase of the Project. 2 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative Approximately 9,500 square feet (sq. ft.) (4,500 sq. ft. of temporary impacts and 5,000 sq. ft. of permanent impacts) of Catawba River buffer is proposed to be disturbed. Unavoidable encroachment into the buffer is associated with the building of the new powerhouse tailrace and the expansion of the existing rights of way. Temporary Impacts Approximately 170 feet of stream 1 and 0.01 acre of associated wetlands are proposed to be temporarily diverted, and the channel partially filled. An estimated 0.25 acre of the Catawba River is proposed to be temporarily dewatered for tailrace construction. 2.0 STUDY METHODS The field survey was conducted on July 20, 2007, by DTA scientists. The objective of the survey was to document specific jurisdictional wetland and stream resources located within the proposed Project boundary (Appendix A, Figure 3). This report summarizes the results of the field survey conducted at the Bridgewater Powerhouse site. Wetlands and Stream Crossing Determinations During the field survey, jurisdictional wetlands found within or immediately adjacent to the Project boundary were delineated using the 1987 USACE wetland delineation method (Environmental Laboratory 1987). The "routine on-site determination method" was selected as the most appropriate delineation technique. This technique uses a multi- parameter approach, which requires positive evidence of three criteria: • Hydrophytic vegetation - Hydrophytic vegetation (i.e., wetland plants) were identified in the field and cross-referenced with the national list of plant species that occur in southeast wetlands (USFWS 1988). • Hydric soils - In the field, soil profiles and characteristics were documented through approximately 18-inches in depth from the surface or to immediately below the "A" horizon, whichever was deeper. Field indicators for identifying 3 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative hydric soils (e.g., depletions, low chroma, and iron/manganese concretions) were ' used to determine the wetland status of the site. 1 • Wetland hydrology -Primary and secondary hydrologic indicators such as soil saturation to the surface, standing water in the soil auger pits, rafted debris, and ' surface drainage patterns were also used to identify jurisdictional wetland areas. Areas exhibiting the above wetland characteristics, as well as surface waters, were considered jurisdictional were either located with a Global Positioning System (GPS) ' and/or flagged with surveyor tape. ' 3.0 SURVEY RESULTS 3.1 Wetlands Based on the field survey, one wetland system was determined to be located within the Project boundary. This wetland (wetland #1) consists of an emergent wetland type ' (Cowardin 1979). ' Wetland #1 (Z/Y/X Lines) is located within the Project boundary directly abutting stream 1. The dominant vegetation in this wetland includes seedbox (Ludwigia alternifolia), Virginia meadow-beauty (Rhexia virginica), soft rush (Juncus effusus), strawcolored flatsedge (Cyperus strigosus), and shallow sedge (Carex lurida). Soils found within the wetland are considered hydric due to the low chroma colors found ' during the survey (Appendix B, Wetland Data Form #1). Wetland hydrology indicators include saturated soil at 6 inches and wetland drainage patterns. The hydrology for this wetland is provided by flow from stormwater runoff and groundwater from the surrounding upland habitats. The wetland information associated with the Project is provided in the data form in Appendix B of this report. The general locations of the wetland are depicted in Appendix A, Figure 3, and the wetland and upland data forms are located in Appendix B. 4 i 1 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative 3.2 Surface Waters Based on the field survey, the Catawba River and one unnamed jurisdictional perennial stream are located within the Project boundary (Appendix A, Figure 3). Additionally, one isolated waters of the state is located adjacent to the east side of the powerhouse. As noted, this stream is a tributary of the Catawba River. The jurisdictional perennial drainage associated with the subject property is further described below. Drainage #1 (Catawba River) is a bed and bank river approximately 60 to 80 feet in width. The Catawba River drainage is several feet deep and has nearly vertical banks with a substrate consisting of sand, gravel, and cobble. The level of the river is associated with the production of electricity from the Bridgewater Powerhouse. Drainage #2 (Unnamed Stream) is located on the downstream right bank of the Catawba River. This drainage appears to be a bed and bank perennial stream approximately 2 to 3 feet in width. This drainage is approximately one foot in depth and has moderately to steeply sloping banks with a substrate consisting of sand, gravel, and silt. The reach proposed to be impacted is located within a grass and fescue maintained lawn; the buffer consists of herbaceous cover only. Crayfish chimneys and gilled snails were observed within the drainage. The channel is moderately to very incised. Overall, the drainage received a score of 36 using the USACE Stream Quality Assessment Worksheet (Appendix B). The stilling basin was constructed at the same time as the powerhouse to serve as a buffer in the event of an emergency release of the emergency penstock valves. The basin is adjacent to the current powerhouse tailrace and water levels within the basin are affected by generation flows from the powerhouse. At normal water levels (i.e., non-generation flows) the basin surface area is approximately 0.30 acre and approximately 8 to 10 feet at the deepest point. The basin was constructed to handle a much larger amount of water (approximately 0.77 acre during an emergency release); however, the surface area at full generation flows is approximately 0.50 acre. 5 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Proiect Narrative A site visit by the USACE in July of 2007 concluded with the determination by the agent of the District Engineer that the stilling basin is a non jurisdictional waters not subject to the permit requirements of Section 404 of the Clean Water Act. However, the basin may still be considered an isolated waters of the state subject to North Carolina Division of Water Quality jurisdiction under Section 401 of the Clean Water Act. 3.3 Buffer Community The buffer vegetation community can best be described as a Mesic Mixed Hardwood Forest (Piedmont Subtype) (Schafale and Weakley 1990). Dominant species found within the canopy include tulip poplar (Liriodendron tulipifera), red maple (Ater rubrum), and northern red oak (Quercus rubra). Some white pine (Pinus alba) is present within the upper portions of the buffer and some sycamore (Platanus occidentalis) is present near the river. Under-story species include immature canopy species as well as hophornbeam (Ostrya virginiana). Shrub species present include blueberry species (Vaccinium sp.) and mountain laurel (Kalmia latifolia). Herb and vine species are varied and include various fescue species (Festuca sp.), flea bane (Erigeron sp.), path rush (Juncus tenuis), blackberry (Rubus argutus), and poison ivy (Toxicodendron radicans). 4.0 PROPOSED IMPACTS Proposed impacts to jurisdictional waters associated with this FERC mandated Project will be limited temporary and permanent impacts to the jurisdictional perennial stream and the associated wetlands. Table 1. Proposed Impacts to Jurisdictional Wetlands Within the Project Boundary Type of Wetland Located within Distance to Area of Wetland Impact Type of (e.g., forested, 100-year Nearest impact Site Number Impact marsh, herbaceous, Floodplain Stream (acres) (indicated on map) bo ,etc. (es/no) linear feet 1 Permanent PSS No 0 0.003 2 Temporary PSS No 0 0.01 Total Wetland Impact (acres) 0.013 6 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative Table 2. Proposed Impacts to Jurisdictional Waters Within the Project Boundary Stream Impact Stream Type of Perennial or Average Stream Width Impact Area of Number Name impact Intermittent? Before Impact Length Impact (indicated on map) feet ( ) linear feet ( ) acres 1 Unnamed Permanent Perennial 3 50 0.003 2 Unnamed Temporary Perennial 3 170 0.01 3 Catawba permanent Perennial 125 180 NA River 4 Catawba Temporary Perennial 125 277 0.25 River 677 Total Stream Impact (by length and acreage) (230 0.022 Permanent) Table 3. Proposed Impacts to Isolated Waters of the State Within the Project Boundary Open Water Type of Waterbody Area of Impact Name of Waterbody Type of (lake, pond, estuary, sound, Impact Site Number (if applicable) impact bay, ocean, etc.) (acres) indicated on ma 1 Stilling Basin Permanent Isolated waters of the state 0.30 Total Open Water Impact (acres) 0.30 4.1 Permanent Impacts 1 Proposed permanent impacts will involve the installation of a culvert along approximately 50 linear feet of the upper portion of the stream and excavation of approximately 1801inear feet of the Catawba River bank. Duke respectfully requests that these impacts be permitted under Nationwide Permit 39 (GC 3631). Proposed permanent impacts will also include fill of approximately 0.30 acre of isolated waters of the state (stilling basin). Duke respectfully requests that this impact be permitted by the North Carolina Division of Water Quality as an impact to an Isolated Waters (IWGP 100000). Anticipated impacts also include approximately 4,500 sq. ft. of permanent disturbance to the Catawba River buffer. All impacts are described below. 4.1.1 Culvert Installation The new culvert will attach to the existing culvert outfall. Given the watershed size, a culvert of approximately 24 inches in diameter will be large enough to handle a 25-year storm event. The culvert will be buried to a depth of equal to or greater than 20% of its 7 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative size to allow for aquatic life passage. Fill will be placed within the channel to raise the grade to approximately level with the road. Equipment Used Various earthmoving machines (e.g., dozer, track-hoe, and grade all) will be used during the construction of the Project. 4.1.2 Excavation of Catawba River Bank Construction of the tailrace for the hydroelectric powerhouse will require excavating approximately 180 linear feet of the Catawba River right descending bank to below the high water mark (Appendix A, Figure 3). This will allow for minimum flows to be maintained from the station during periods of no or low generation. Once the powerhouse is constructed, the tailrace will be excavated behind the bank, leaving a berm approximately 15 feet wide between the tailrace and the river. A cofferdam will be installed within the river around the work area to dewater the area and to control bank 1 erosion. Once the area is dewatered, the bank will be removed to connect the tailrace and the river. Exposed banks will be secured against erosion and the coffer dam will be removed. Only after everything has been secured will the new powerhouse come online. Construction of the tailrace will cause unavoidable impacts to the Catawba River buffer, described below. Equipment Used Various earthmoving equipment will be used to remove the bank. 4.1.3 Impacts to Catawba River Buffer Approximately 4,500 sq. ft. of permanent impacts to the Catawba River buffer are anticipated from this Project. In order to comply with the Catawba River Buffer Rules and Burke County Watershed/Shoreline Protection Ordinances, a buffer protection and monitoring plan will be developed in conjunction with the Burke County Planning Department. All necessary clearing will be done with hand tools. Photo monitoring stations may be established to determine bank stability, with surveys performed and 8 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project ' Project Narrative reports submitted quarterly pending guidance from the Burke County Planning Department. Any observed bank instability will be documented and addressed immediately. Equipment Used ' Chain-saws and other hand tools will be used to remove vegetation within the buffer. 4.1.4 Fill of Stilling Basin The stilling basin (approximately 0.30 acre) will be filled to provide construction space ' for the new powerhouse. During fill activity water will be pumped from the basin into adjacent tailrace and generation flows from the powerhouse will cease. Gasoline ' powered water pumps will be maintained and operated away from the water, and will be contained to guard against any spills. Equipment Used Back-hoe and other earth moving equipment will be used to fill the basin. Gasoline powered pumps will be used to dewater the basin. 4.2 Temporary Impacts ' Proposed temporary impacts will involve connecting a high density polyethylene (HDPE) pipe to the permanent culvert outfall and rerouting the flow around the original channel, ' and temporary dewatering a section of the Catawba River (described below). Duke respectfully requests that these impacts be permitted under Nationwide Permit 33 (GC 3634). Anticipated temporary impacts also include approximately 5,000 sq. ft. of disturbance to the Catawba River buffer. All temporary impacts are described below. 4.2.1 Connection of HDPE Pipe The HDPE pipe attached to the culvert will be buried below grade to ensure continuous flow and to provide unimpeded access to the site. Approximately 170 feet of the original channel and associated fringe wetlands will be filled to grade with clean rip-rap and washed rubble. This unavoidable impact is necessary to allow construction traffic onto 1 9 1 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative the site. After Project completion, the temporarily impacted portion of the drainage will be returned to original contours and elevations to the greatest practical extent. Flow will be returned to the original channel and all construction materials will be removed. The original channel banks will be seeded and secured against erosion. During Project construction, a temporary sediment retention basin is proposed to be constructed in line with the original channel. The basin will be constructed only after flow has been diverted and will only process stormwater runoff from the construction area. Equipment Used Dump trucks, HDPE, rip-rap, cleaned rubble, native vegetation, and biodegradable erosion control fabric will be utilized. 4.2.2 Temporary Dewatering of Catawba River Section As noted above, a cofferdam will be used to dewater a section of the Catawba River immediately adjacent to the section of the right descending bank that is to be removed to connect the tailrace with the river. The cofferdam will be removed in its entirety upon Project completion. The cofferdam will extend out from the bank approximately 25 to 30 feet to form a dewatered semicircle around the work area. The estimated dewatered area is 0.25 acre. Downstream flows will not be impacted during construction of the cofferdam. A floating oil boom and a temporary turibidity curtain will used during the installation and removal of the cofferdam. Equipment Used Floating oil boom, temporary turbidity curtain, cofferdam, and back-hoe or similar equipment will be utilized. 4.2.3 Temporary Impacts to the Catawba River Buffer The temporary impacts to the Catawba River buffer are associated with the construction of the tailrace. Specifically, Duke is requesting allowance for this impact to provide io Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative construction and work equipment, and room for crews to safely work on the portion of the tailrace that extends into the buffer. Safe access to this area will require approximately 50 linear feet of impact on both sides of the tailrace, resulting in approximately 5,000 sq. ft. of temporary impacts. These areas will be hand cleared and will not be grubbed. Silt fencing and all other sediment and erosion control measures required by the latest edition of the North Carolina Sediment and Erosion Control manual will be installed prior to project commencement and will be maintained for the life of the project. Upon project completion, the areas will be restored using native woody and herbaceous vegetation and the sediment and erosion control measures will be removed. These areas will be monitoring per the terms and conditions of the permit issued by either the North Carolina Department of Environment and Natural Resources (DENR) or the Burke ' County Planning Department, whichever is determined to be the issuing agency in this case. ' E ui ment Used q P ' Chain-saws and other hand tools will be used to remove vegetation within the buffer. 1 11 i Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative ' S.0 MINIMIZATION AND AVOIDANCE MEASURES Restrictions based on size and location make this site less than ideal for eliminating impacts to jurisdictional waters and wetlands altogether. Therefore the following ' minimization alternatives were based on extensive siting negotiations. The preferred alternative (Alternative 3) represents the option with the least amount of permanent impacts. i Alternative 1 - No Impacts This alternative would leave the Catawba River, the stream, and its associated wetlands intact. The FERC mandated Linville Dam ESSI Project would not be able to proceed if this alternative were chosen. The old powerhouse would remain in place and the dam ' would be susceptible to liquefaction from seismic events. 1 1 Alternative 2 -Permanent Impacts to Stream 1 This alternative would require the installation of a culvert on the stream and permanent fill of the entire channel. Permanent impacts would total approximately 3001inear feet of stream and all associated wetlands in addition to permanent impacts to the Catawba River. Because this alternative would exceed impact limits set forth in Nationwide Permit 39, an individual permit would have to be applied for. This option has the potential to move the FERC mandated embankment stability Project back by several months or longer. Because this is a public safety project with a FERC determined timetable, this option is not feasible. Alternative 3 - Impacts Minimized (Preferred) This alternative is the preferred option and is described in full above (Section 4.0). Permanent impacts are minimized to the greatest extent possible under this option. All unavoidable impacts have been determined to be those absolutely necessary to perform the FERC mandated Project. 12 1 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative 6.0 RARE, THREATENED, AND ENDANGERED SPECIES A rare, threatened, and endangered (RTE) species survey of the area was performed as part of the Catawba-Wateree relicensing process. Additionally, the United States Fish and Wildlife Service (USFWS) Burke county RTE species database (2007) and the North Carolina Natural Heritage Program (NCNHP) element occurrence database (2007) were consulted to obtain a current list of RTE species occurring within the Project vicinity. No RTE species were found within the Bridgewater Project boundary. Two known populations of the federally protected dwarf-flowered heartleaf (Hexastylis naniflora) are located near but outside of the Project boundary; one located directly across the Catawba River, and; one located across Powerhouse Road. No other RTE species are known to exist near or within the Project boundary. No impacts to any RTE species are anticipated from this Project. The following species accounts describe species that have a federal protection status. 6.1 Species Accounts 6.1.1 Plants A Liverwort (Chiloscyphus appalachianus) (FSC/SR-Tl* This bryophyte is a liverwort species that is found on spray cliff and seepy rock cliff habitats (Gaddy 2002; GNHP 2003). Neither the in-house research nor the Project area survey has located any preferred habitat, individuals, or populations within the Project area. No impacts to this species are anticipated from this Project. A Liverwort (Pla~iochila sullivantii var. spini e~[FSC/SR-Ll* This bryophyte is a liverwort species that is found on spray cliff and seepy rock cliff habitats (Gaddy 2002; GNHP 2003). Neither the in-house research nor the Project area survey has located any preferred habitat, individuals or populations within the Project area. No impacts to this species are anticipated from this Project. A Liverwort (Plagiochila sullivantii var. sullivantii) fFSC/SR-Tl* Named Sullivant's plagiochila, this bryophyte is a liverwort species that is found on spray cliffs, montane acidic cliffs, and seepy rock cliffs (Gaddy 2002). Neither the in-house 13 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative research nor the Project area survey has located any preferred habitat, individuals, or ' populations within the Project area. No impacts to this species are anticipated from this Project. A Liverwort (Porella watau ensisl fFSC/SR-Ll* ' This bryophyte is a liverwort species that is found on moist boulders and cliffs and in a montane acidic cliff habitat (Gaddy 2002). Neither the in-house research nor the Project area survey has located any preferred habitat, individuals, or populations within the Project area. No impacts to this species are anticipated from this Project. * Bog Oat rg ass (Danthonia epilis~[FSC/SR-Tl t This member of the oatgrass family has several-flowered spiklets, the rachilla readily disarticulating above the glumes and between the florets (Hitchcock 1971). The glumes ' are about equal, broad, papery, acute, scurely several-nerved, the apex bifid, and the lobes acute, extending into slender awns. Culms are erect, 20 to 40 inches tall. Blades ' are 4 to 10 inches long, 0.08 to 0.15 inch wide. Panicles are 2 to 4 inches long, and are relatively many-flowered. This plant is known to inhabit bogs from New Jersey to North Carolina (Gleason and Cronquist 1963). Although there are some fringe wetlands found within the property boundary, these areas are not considered true bogs and represent marginal habitat for this t species at best. No impacts to this species are anticipated from this Project. ' Carolina Saxifrage (Saxifra~a caroliniana) [FSC/SR-T]* This perennial plant is an herb with a basal rosette of coarsely serrated leaves ' approximately 5.5 inches in length with leaves that narrow quickly to a winged leaf-stalk. This plant produces flowers between May and June. The flowers are white with yellow spots (NatureServe 2003b). S. caroliniana inhabits cool, shaded, rocky woods and rock ledges. This herb roots in the thin organic layer and mosses that grow on rock faces. A majority of the time this plant 14 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative is found in a very steep terrain in the mist areas of waterfalls or on rock faces where ground water flows out and across the rocks (NatureServe 2003b). Although no habitat exists for this species within the Project boundary, there are rock outcrops immediately across the Catawba River. However, these areas are outside of the area of Project impact and the Project boundary. No impacts to this species are anticipated from this Project. Cuthbert's Turtlehead (Chelone cuthbertii~ [FSC/SR-Ll* This plant is a perennial herbaceous plant, which is approximately 19 to 39 inches tall. The leaves are cauline and opposite with each leaf being toothed (Radford et al. 1968). In C. cuthbertii the leaf base is rounded and sessile. This plant produces flowers between July and September. The flowers are irregular in shape and purple in color, with yellow beards. This species inhabits bogs and wet meadows (Radford et al. 1968). The plant's preferred habitat, consisting of wet bogs or wet meadows, was not located during the field survey and no observations of this species were noted. The proposed Project will not have any impact on this federal species of concern. Dwarf-flowered Heartleaf (Hexastylis naniflora) fT/Tl* This ginger species is found in the upper piedmont regions of both South Carolina and North Carolina. In South Carolina, populations exist in Cherokee County; several populations of this plant are located in Greenville County; and a few populations are located in Spartanburg County (iJSFWS 1990). The range for this species in North Carolina ranges from Catawba, Lincoln, Rutherford, Cleveland, and Burke counties. The North Carolina Natural Heritage Program also lists populations in Alexander, Caldwell, and Polk counties (NCNHP 2002). In addition to its known range, the plant may occur in isolated areas in northwestern Gaston County, western Iredell County, and Yadkin County, all in North Carolina (USFWS 1990). 15 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative H. naniflora grows in acidic, sandy loam soils along bluffs and nearby slopes, in boggy areas adjacent to creek heads and streams, and along the slopes of hillsides and ravines. Soil type is the most important habitat requirement. The species needs Pacolet, Madison gravelly sandy loam, or Musella fine sandy loam soils to grow and survive. Provided the soil type is right, the plant can survive in either dry or moderately moist habitat. For maximum flowering, the plant needs sunlight in early spring. Creek heads where shrubs are rare, and bluffs with light gaps are the habitat types most conducive to flowering and high seed production. Seed output is lowest in bluff populations with abundant shade (L7SFWS 1990). As mentioned, there are known populations of H. naniflora located across the Catawba River and across Powerhouse Road near the Project boundary. However, neither population is within the area of Project impact or within the Project boundary. No impacts to this species are anticipated from this Project. Heller's Blazing-star (Liatris helleri) 1T/T-SCl* Heller's blazing star is a perennial herb that has one or more erect or arching stems coming up from a tuft of narrow pale green basal leaves. Its stems reach up to approximately 16 inches tall and are topped by a spike of lavender flowers, which are approximately 3 to 8 inches in length. Its flowering season lasts from July through September, and its fruits are present from September through October. The plant is distinguished from similar high altitude Liatris species by a shorter pappus, ciliate petioles, internally pilose corolla tubes, and a lower, stockier habit (USFWS 1991). Heller's blazing star is native to the northern Blue Ridge Mountains of North Carolina. Only seven of the original nine known populations still exist. Two populations were destroyed by residential and recreational development. The plant exists on high elevation ledges of rock outcrops in shallow, acid soils, which are exposed to full sunlight (USFWS 1991). 16 1 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative No high elevation ledges of rock outcrops in shallow, acid soils which are exposed to full sunlight were located during the field assessments and no observations of this species were noted. No impacts to this species are anticipated from this Project. Mountain Golden-heather~Hudsonia montana) fE/Tl* This plant is a low perennial shrub with needle-leaves and yellow flowers, which measure approximately 2 centimeters across. The plants occur on open, wind-swept rock ledges. The continued existence of this plant and the fragile plant community in which it occurs are threatened by trampling (USFWS 1991). Burke County, North Carolina, has an area designated as critical habitat for the mountain golden-heather. The description of the critical habitat is the area bounded by the following: on the west by the 2,200-foot MSL contour; on the east by the Linville Gorge Wilderness Boundary north from the intersection of the 2,200-foot MSL contour and the Shortoff Mountain Trail to where it intersects with the 3,400-foot MSL contour at "The Chimneys"; then follow the 3,400-foot MSL contour north until it re-intersects the Linville Gorge Wilderness Boundary extending west from its intersection with the Linville Gorge Wilderness Boundary until it begins to turn south. At this point the Boundary extends due east until it intersects the 2,200-foot MSL contour (USFWS 2003a). Neither the in-house research nor the Project area survey has located any preferred habitat, individuals, or populations within the Project area. In addition, the above described critical habitat for the mountain golden-heather is not located within the Project area. Therefore, the proposed Project will not impact the mountain golden-heather. Small Whorled Po~a (Isotria medeoloides) lE/Tl* The small whorled pogonia is a perennial herb that stands approximately 4 to 10 inches in height ending with a whorl of 5 or b light green, elliptical leaves that are slightly pointed. One or two flowers are produced at the top of the stem. The flowering of this species occurs during mid-May to mid-June, with the flowers apparently lasting only a few days 17 1 1 1 1 1 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative to a week or so (USFWS 1996). The habitat for this herb is generally open, dry, deciduous woods with acid soil. If it occurs in habitats where there is relatively high shrub coverage or high sapling density, flowering appears to be inhibited. The threat to this species appears to be attributed to loss of habitat and over-utilization for scientific and private collections (USFWS 1996). Neither the in-house research nor the Project area survey has located any preferred habitat, individuals or populations of the small whorled pogonia within the Project area. Therefore, no impacts to this species are anticipated from this Project. Spreading Avens (Geum radiatuml fFSC/SR-Tl* This plant is a member of the Rosaceae family. The spreading avens is a perennial herb, topped with an indefinite cyme of large and bright yellow flowers. Leaves are mostly basal with large terminal lobes and small laterals, which arise from horizontal rhizomes. The stems of the plant will grow approximately 8 to 20 inches in height. Flowers appear from June through September, and its fruits, which are achenes, are produced from August to October (USFWS 1990). The reason for the plant's current status is that this species is being seriously impacted by both recreational and residential development. The population sites occur on open mountain summits, which are prime areas for recreational facilities. The construction of recreational facilities, combined with the increased recreational usage by sightseers, has severely impacted the existing populations. The spreading avens populations face increasing impacts from the results of heavy recreational usage in the form of soil compaction, soil erosion, and trampling (USFWS 1990). G. radiatum is restricted to a small number of scattered mountaintops in western North Carolina and eastern Tennessee. Spreading avens was originally known from 16 sites, and 11 of these sites still support populations. Three of the remaining spreading avens populations are in Ashe County, North Carolina. Two others are situated on the Mitchell County, North Carolina/Carter County, Tennessee line; and on the Avery/Watauga 18 1 1 1 1 1 1 1 1 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative County line in North Carolina. One population each remains in Avery, Transylvania, Watauga, Buncombe, and Yancey counties, North Carolina. Seven of these 11 avens sites have less than 50 plants each (USFWS 1990). G. radiatum is noted to inhabit high elevation cliffs, outcrops, and steep slopes which are exposed to full sun (USFWS 1990). No habitat appropriate to this species was found within the Project boundary. No impacts to this species are anticipated from this Project. Sweet Pinesap (Monotro~sis odorata) [FSC/SR-Tl* The sweet pinesap prefers habitats consisting of dry oak-hickory and pine woods within the Piedmont (Radford et al. 1983). The very fragrant, spicy flowers of this perennial appear early in the spring (February -April), and the fruits are mature in May and June. It is similar to American pine-sap (Monotropa hypopithys) except that the fruiting body associated with Monotropsis is a berry rather than a capsule and the flower petals are united. Although some habitat for this species does exist onsite within a small portion of the Catawba River buffer, repeated surveys of this area have yielded no evidence of the target species. No impacts to this species are anticipated from this Project. White Irisette (Sisyrinchium dichotomum f) E/El* This member of the blue-eyed grass family is found in the clearings and edges of upland woods where the canopy is thin and often where downslope runoff has removed much of the deep litter layer ordinarily present on these sites (USFWS 2007). Soils in these areas are rich, basic soils probably weathered from amphibolite. The species is dichotomously branched, and measures 4 to 8 inches tall (USFWS 2007). The basal leaves are pale bluish-green, the tiny white flowers (0.3 inch) with reflexed petals in a cluster of 4 to 6 at the ends of winged stems. The fruit is round with 3 to 6 seeds. 19 1 1 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative Only marginal habitat exists onsite and no individuals or populations were observed during the field survey. Therefore, no impacts to this species are anticipated from this Project. 6.1.2 Animals Allegheny Woodrat (Neotoma ma ig ster) fFSC/SCl* The Allegheny Woodrat is a medium-sized nocturnal rodent similar in appearance to the White-footed Mouse (Peromyscus leucopus). An adult woodrat is 15 to 18 inches in length, which includes the 7-inch-long tail. The Allegheny Woodrat occurs along the Appalachian Mountains from southwestern New York and northern New Jersey through most of Pennsylvania and southwest into Tennessee and northeastern Alabama. The woodrat is usually found where surrounding forest vegetation is mostly deciduous, although several populations have been noted in areas composed predominantly of hemlock. Preferred food consists of grapes (Vitis sp.), acorns, tulip poplar heads, and many other common items found throughout the forest (Limey 2002; Castleberry 2000; PGC 2003). A common feature of this resident of caves, rock outcrops, and talus slopes along mountains is the large fecal piles these rodents deposit on flat rocks scattered throughout the colony area. Another feature common to areas inhabited by this species is the large caches of foodstuffs found crumpled and stuffed into cracks and crevices in the rocks; in several instances, large acorn "mounds" have been found in caves occupied by woodrats. Within the Project boundary there were no signs of the Allegheny Woodrat, nor were habitat conditions a favorable match for this species (PGC 2003). Therefore, no impacts to this species are anticipated from this Project. Turtle (Clemmys muhlenber~iil fT-SA/Tl* The southern Bog Turtle species, considered threatened by similar appearance by the USFWS (Federal Register, November 1997), is a small turtle with a carapace that is light brown to black (may have yellowish or reddish areas on large scutes), strongly sculptured with growth lines, and has an inconspicuous keel; plastron is mainly dark brown to black; Zo 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative head is brown, with a large yellow or orange and sometimes red, blotch above and behind the tympanum (blotch may be divided); adult carapace length usually is 3 to 3.5 inches and up to 4.5 inches. A hatchling carapace ranges between 1.0 to 1.25 inches; the male vent is posterior to the rear edge of the carapace and the plastron is concave (flat in female) (NatureServe 2003a). This turtle differs from the Spotted Turtle (C. guttata) (a few of which lack yellow dots on the carapace) by having a large orange patch on each side of the head rather than many small yellow or orange spots on the head and neck; also, the southern Bog Turtle has prominent growth lines on the carapace (NatureServe 2003a). The habitat of this species consist of "slow, shallow, muck-bottomed rivulets of sphagnum bogs, calcareous fens, marshy/sedge-tussock meadows, spring seeps, wet cow pastures, and shrub swamps; habitat usually contains an abundance of grassy or mossy cover. The turtles depend on a mosaic of microhabitats for foraging, nesting, basking, hibernation, and shelter. Unfragmented riparian systems that are sufficiently dynamic to allow the natural creation of open habitat are needed to compensate for ecological succession. Beaver, deer, and cattle may be instrumental in maintaining the essential open-canopy wetlands" (USFWS 2000). This species commonly basks on tussocks in the morning during the spring and early summer months. It burrows into soft substrate of waterways, crawls under sedge tussocks, or enters muskrat burrows during periods of inactivity in summer (NatureServe 2003a). The Bog Turtle inhabits the mountain and upper piedmont areas of North Carolina. In this region, the habitat preferred by the turtle is damp grassy fields, bogs and marshes (Martof et al. 1980). The species nests in open and elevated ground in areas of moss, grassy tussocks, or moist earth. The turtle digs shallow nest or lays eggs in the top of a sedge tussock (NatureServe 2003a). The southern Bog Turtle population is separated from the northern population by approximately 250 miles. However, individual Bog 21 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project ' Project Narrative Turtles in the southern population closely resemble individuals in the northern Bog Turtle population, causing difficulty in enforcing prohibitions protecting the northern population. Therefore, the USFWS designated the southern population as "threatened by ' similarity of appearance." Per the USFWS, "this designation prohibits collecting individual turtles from this population and bans interstate and international commercial ' trade. It has no effect on land management activities of private landowners in southern states where the Bog Turtle lives" (USFWS 2004). Neither the in-house research nor the Project area survey has located any preferred ' habitat, individuals, or populations within the Project area. Although there are some fringe wetlands onsite, these emergent habitats are ecologically disconnected due to ' severe stream incising. Grassy areas onsite are located within uplands and do not resemble known Bog Turtle habitats. No impacts to this species are anticipated from this ' Project. Brook Floater (Alasmidonta varicosa) [FSC/E]* Typical habitat for the Brook Floater is in and near riffles due to its preference for swiftly flowing water and gravelly substrates. Identified hosts for this species include Blacknose ' Dace (Rhinichthys atratulus), Golden Shiner (Notemigonus crysoleucas), Longnose Dace (R. cataractae), Margined Madtom (Noturus insignis), Pumpkinseed (Lepomis gibbosus), ' Slimy Sculpin (Cottus cognatus), and Yellow Perch (Perca flavescens) (Bogan 2002). ' Although a formal aquatic survey was not performed at the time of the site visit survey, no live or relic bivalves of any type were observed within the property boundary. No ' impacts to this species are anticipated from this Project. ' Cherokee Clubtail (Gomphus consanQUis) [FSC/SR1* This slender, mostly black dragonfly has one black facial cross-stripe, a green occiput, ' and two narrow black stripes on each side of the gray-green thorax. The larva is brown with flat oval abdomen. Preferred habitat is a small, spring-fed stream with sand, gravel, ' and fine detritus substrate in partly shaded to open areas. Adults and larvae are often concentrated in mud-bottomed sections of these streams (NatureServe 2005). 22 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative Aquatic species sampling was not conducted as part of the field investigations. However, Project-wide best management practices and prescribed buffers will serve to protect species habitat to the greatest extent possible. No impacts to this species are anticipated from this Project. At this time, this is a federal species of concern with no legal protection; however, if the status of this species changes, a re-evaluation of this species and its habitat maybe necessary. Eastern Woodrat -Southern Appalachian Population (Neotoma floridana haematoreia) FSC/SC This relatively large rodent species, is a subspecies of the Eastern Woodrat (Neotoma floridana), which has ears that are prominent and sparsely haired, and eyes that are black and somewhat bulging. In addition, the vibrissae are long and conspicuous (Webster et al. 1985). This subspecies prefers rocky places in deciduous or mixed Southern Appalachian forests, in southern mountains and adjacent population Piedmont (NCNHP 2001), and high-elevation forests and rock ledges (GNHP 2003). Neither the in-house research nor the Project area survey has located any preferred habitat, individuals, or populations within the Project area. No impacts to this species are anticipated from this Project. Edmund's Snaketail (Ophiogom~hus edmundo) fFSC/SRl* and Pygmy Snaketail (Ophio~om~hus howei) fFSC/SRl* Ophiogomphus nymphs may be extremely abundant in sandy substrates of streams, but adults are seldom seen because of their secretive nature. The adult flight of Carolina species of Ophiogomphus generally starts in late May and ends in July (Brigham et al. 1982). Pygmy Snaketail prefer clean, fast-flowing, and small to large streams with gravel or sand substrates in largely forested watersheds (WDNR 2003) while Edmund's Snaketail prefer Blue Ridge Escarpment streams (NCNHP 2001). Both species are considered federal species of concern. 23 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative Aquatic species sampling was not conducted as part of the field investigations. However, Project-wide best management practices and prescribed buffers will serve to protect species habitat to the greatest extent possible. No impacts to these species are anticipated from this Project. At this time, these are federal species of concern with no legal protection; however, if the status of these species changes, a re-evaluation of these species and their habitat maybe necessary. Mountain River Cruiser (Macromia mar~arital fFSC/SRl* This species is a large, metallic black dragonfly with a yellow band around the thorax. The male has yellow bands on abdominal segment 2 and 7. In the male, the bands on segment 2 are interrupted dorsally; in the female, these bands are interrupted laterally. The larvae are not described. The preferred habitat region is in the mountains (sometimes Piedmont), near streams and rivers with high water quality and silt deposits among rocks (NatureServe 2005). Aquatic species sampling was not conducted as part of the field investigations. However, Project-wide best management practices and prescribed buffers will serve to protect species habitat to the greatest extent possible. No impacts to this species are anticipated from this Project. At this time, this is a federal species of concern with no legal protection; however, if the status of this species changes, a re-evaluation of this species and its habitat maybe necessary. Rafinesque's Bid-eared Bat -Mountain Subspecies (Corynorhinus rafinesquii) 1FSC/Tl* An adult of this species of bat can have a total length of approximately 3.5 to 4.2 inches, with a tail measuring approximately 1.6 to 2.2 inches and a weight of around 0.2 to 0.35 ounces. The medium-sized Rafinesque's Big-eared Bat is easily distinguished from other bats by its very large ears and prominent lumps near the nose. The ears are one inch long and are joined at their base. These bats are dark brown above and white below. The interfemoral membrane and wings are unfurred (ATBI 2002). 24 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative Rafinesque's Big-eared Bat, a federal species of concern, is restricted to the southeastern United States. It ranges from southeastern Virginia, southern Illinois, central Indiana, and Ohio south to the Gulf Coast; and from the Atlantic Ocean west to Missouri, eastern Oklahoma, and eastern Texas. The typical habitat for the Rafinesque's Big-eared Bat includes roosts in hollow trees, caves, mines, and buildings. Elsewhere documented, 22 individuals were found roosting (ATBI 2002). on a hillside in a discarded boiler 11 feet in diameter, and 4.5 feet long lying on its side Copulation in Rafinesque's Big-eared Bats, as with most bats that hibernate, takes place in autumn and winter. Females congregate in nursery colonies, after emerging from the hibernaculum, and give birth to a single young in late May or early June (ATBI 2003). Big-eared Bats usually roost singly rather than in clusters. They leave their roost well after dark, and return before dawn. Their flight is slow, and they can hover in one place. During feeding maneuvers, the tail and wing membranes are used to capture and restrain prey. The bat must bend its head forward in order to grasp the insect with its teeth and take it into its mouth. Sometimes the bat may use its mouth to capture an insect from its wing (ATBI 2003). Neither the in-house research nor the Project area survey has located any preferred habitat, individuals, or populations within the Project area. Additionally, no bats were found during the powerhouse survey. No impacts to this species are anticipated from this Project. Southern Appalachian Red Crossbill (Loxia curvirostra pop. 1~fFSC/SCl* Crossbills are generally 6.25 inches long, have a wing span of 11 inches, and on average weigh 1.3 ounces (Sibley 2000). This bird has a relatively large head and short tail, with long and pointed wings. The generally stout bill is suited to cone seed removal. Found 25 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative in single species flocks year-round, crossbills forage erratically for seed from the cones of pines, spruces, and firs. There are nine types of Red crossbills known to exist in North America (Sibley 2000). Individuals of different types often commingle, making accurate field distinctions difficult. Bill structure of each type is optimized for extracting seeds from a particular type of cone. Although type distribution is still being studied, Type 1 is known to be present in Burke County, North Carolina. Minimal habitat exists for the species within the Project boundary (i.e., some coniferous trees within the river buffer). There are no known species occurrences within the Project boundary. No impacts to this species are anticipated from this Project. *Federal and State status codes are listed below. Federal Status: ' E: Endangered ^ T: Threatened ' C: Candidate ^ (P): Possible Occurrence State Status: ^ E: Endangered ^ T: Threatened ^ SC: Special Concern ^ C: Candidate ^ SR: Significantly Rare ^ EX: Extirpated ^ P_: Proposed (used only as a qualifier of the ranks above) 26 1 1 1 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative 7.0 CONCLUSION There are two jurisdictional streams and one jurisdictional wetland system located within the Bridgewater Powerhouse Project boundary. Unavoidable impacts to jurisdictional waters, including wetlands, are: permanent impacts to approximately 50 feet of an unnamed tributary of the Catawba River and 0.02 acre of associated fringe wetland, the excavation and removal of approximately 180 linear feet of the Catawba River bank, temporary impacts to approximately 170 feet of an unnamed tributary of the Catawba River and 0.06 acre of associated fringe wetland, and temporary dewatering of approximately 0.25 acre abutting the tailrace work area. Duke respectfully requests that these impacts be permitted under Nationwide Permits 33 and 39 (GCs 3634 and 3631). Unavoidable impacts to isolated waters of the state located within the Project boundary include the permanent fill of approximately 0.30 acre of the stilling basin located adjacent to the Bridgewater Powerhouse. Duke respectfully requests that this impact be permitted by the North Carolina Division of Water Quality as an Isolated Open Waters of the State. Unavoidable impacts to the Catawba River Buffer will consist of some permanent and temporary disturbance to approximately 9,500 square feet of the buffer. Duke will coordinate with the Burke County Planning Department and the Division of Water Quality to secure the necessary permits and to develop a mitigation and/or monitoring plan. No RTE species were found within the Bridgewater Project boundary. Two known populations of the federally protected dwarf-flowered heartleaf (Hexastylis naniflora) are located near but outside of the Project boundary. No other RTE species are known to exist near or within the Project boundary. No impacts to any RTE species are anticipated from this Project. 27 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Proiect Narrative 8.0 LITERATURE CITED All Taxa Biological Inventory (ATBI). 2002. Rafinesque's (Eastern) Big-Eared Bat Corynorhinus rafinesquii (Lesson). Great Smoky Mountains National Park, http: //www. smokies-atbi. org/atb i/species/animals/mammals/ Corynorhinus rafinesquii.html (accessed February 2004). Last Updated: October 3, 2002. Bogan, A. E. 2002. Workbook and key to the freshwater bivalves of North Carolina. North Carolina Freshwater Mussel Conservation Partnership, Raleigh, NC 101 pp, 10 color plates. ' Brigham, Allison R., W. U. Brigham, and A. Gnilka. 1982. Aquatic Insects and Oligochaetes of North and South Carolina. Midwest Aquatic Enterprises. Castleberry, Nikole Lee. 2000. Food Habits of the Allegheny YVoodrat (Neotoma Ma ister . Master's Thesis, West Virginia University. Online Abstract, https://etd.wvu.edu/etd/etd/DocumentData.j sp?j sp_etdId=1413. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S. Dept. of Interior, Fish and Wildlife Service. FWS/OBS-79/31. 131 pp. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Dept. of Army Waterways Experiment Station, U.S. Army Corps of Engineers, Vicksburg, MS. Technical Report Y-87-1. 100 pp. Gaddy, L. L., Ph. D. 2002. A Biological Survey for Plant Communities, Wetlands, and Rare Plants Associated with the Duke Power - Nantahala Area Relicensing Project Area, 2002. 1 1 as i 1 1 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Proiect Narrative Georgia Natural Heritage Program (GNHP). 2003. Tracking List of Special Concern Plants of Georgia. Department of Natural Resources. 15 pp. Gleason, Henry A., Ph.D. and Arthur Cronquist, Ph.D. 1963. Manual of Vascular Plants of Northeastern United States and Adjacent Canada. The New York Botanical Garden. D. Van Nostrand Co. New York. 812 pp. Hitchcock, A. S. 1971. Manual of the Grasses of the United States. 2nd Edition Revised by Agnes Chase. Dover Publications, Inc. New York. Volume 1, 570 pp. Limey, Don, Christy Brecht. 2002. Neotoma ma i~ - Allegheny Woodrat, http : //www. discoverlife. org/nh/tx/V ertebrata/Mammalia/Muridae/Neotoma/magis ter/ (accessed February 2004). Martof, Bernard S., William M. Palmer, Joseph R. Bailey, and Julian R. Harrison III, 1980. Amphibians and Reptiles of the Carolinas and Virginia. The University of North Carolina Press, Chapel Hill, NC. NatureServe. 2003a. NatureServe Explorer: An online encyclopedia of life [web application]. Version 1.8. NatureServe, Arlington, Virginia, http://www.natureserve.org/explorer (accessed February 2004). Bog Turtle. . 2003b. NatureServe Explorer: An online encyclopedia of life [web application]. Version 1.8. NatureServe, Arlington, Virginia, http://www.natureserve.org/explorer (accessed March 1, 2004). Carolina Saxifrage. 2005. NatureServe Explorer: An online encyclopedia of life [web application]. Version 4.5. NatureServe, Arlington, Virginia. http://www.natureserve.org/explorer. Cherokee Clubtail. 29 1 1 1 1 1 t Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative North Carolina Natural Heritage Program (NCNHP). 2001. List of the Rare Animal Species of North Carolina. Division of Parks and Recreation, N.C. Department of Environment and Natural Resources. 90 pp. 2002. List of the Rare Plant Species of North Carolina. Division of Parks and Recreation, N.C. Department of Environment and Natural Resources. 105 pp. 2007. Heritage Data. Database search: Burke County. http://www.ncnhp.org/Pages/heritagedata.html (accessed June 2007). Pennsylvania Game Commission (PGC). 2003. Eastern Woodrat (Neotoma magister), http://sites.state.pa.us/PA_Exec/PGC/woodrat/profile.htm (accessed February 2004). Radford, Albert. E., H. E. Ahles and C. R. Bell. 1968. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press, Chapel Hill, NC. 1183 pp. 1983. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press, Chapel Hill, NC. 1183 pp. Schafale, Michael P. and Alan S. Weakley. 1990. Classification of the Natural Communities of North Carolina (Third Approximation). 325 pp. Sibley, David A. 2000. The Sibley Guide to Birds. Chanticleer Press, Inc., New York. 546 pp• United States Fish and Wildlife Service (USFWS). 1988. National List of Plant Species that Occur in Wetlands: Southeast (Region 2). Biological Report 88 (26.2). 30 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative 1990. Endangered and Threatened Species of the Southeastern United States (The Red Book) USFWS Region 4 - As of August 1990. Internet website (accessed February 2004). Dwarf-flowered Heartleaf. . 1991. Endangered and Threatened Species of the Southeastern United States (The Red Book) USFWS Region 4 - As of February 1991. Internet website (accessed February 2004). Heller's Blazing Star. 1996. Endangered and Threatened Species of the Southeastern United States (The Red Book) USFWS Region 4 - As of January 1996. Internet website (accessed February 2004). Small-whorled Pogonia. 2000. Bog Turtle (Clemmys muhlenbergii), Northern Population, Recovery Plan, agency draft. Hadley, Massachusetts. 90 pp. . 2003a. Endangered, Threatened, and Candidate Species and Federal Species of Concern, Burke County, North Carolina, November 13, 2003, USFWS Asheville Field Office. 2003b. White Irisette (Sisyrinchium dichotomum). http://www.fws.gov/nc- es/plant/whiteiris.html (accessed July 2007). 2004. Bog Turtles in North Carolina. http://nc-es.fws.gov/reptile/bogtur.html (accessed February 2004). 2007. Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species, Burke County, North Carolina. http://www.fws.gov/nc- es/es/countyfr.html (accessed June 2007). 31 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project ' Project Narrative Webster, William David, James F. Parnell, Walter C. Biggs Jr., 1985, Mammals of the ' Carolinas, Virginia, and Maryland. The University of North Carolina Press, Chapel Hill, NC, 243pp. Wisconsin Department of Natural Resources (WDNR). 2003. Pygmy Snaketail ' Ophio~omphus howei, http://www.dnr.state.wi.us/org/ land/er/invertebrates/dragonflies/pygmy.htm (accessed February 2004). 32 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project ' Project Narrative APPENDICES 1 1 i 33 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project ' Project Narrative APPENDIX A 1 FIGURES AND PHOTOGRAPHS 34 r...., '~,~. ,~ 18 PisGuh Nutionn( Forest `~~~~~, ~ ~ ~~ /` ~~ ,I }--~ 12 J( Lake Jumes '"'~ -~ Linville Dam ~~,, r~ ~~~~ Morganton Dien Aipln~,.r,,,lli~~~ ,`~ _ _ - -.~_ ` _ . y. ` ~ 70 ~ ~ "~ r / ~ Saierrl ~: Eli/ ~ ~ \ S21eni ,,'~~ 1 ,~ ~, ,, a , ~ ~ ~ ~ N . ~ ~ ~, ~~ , .1 '.t _ _~ 1~ 64 ~ ~ 1 /~ ~ ,1 2 0 _ ~7 _ . ~ ~%e , ~. - ~ ~e~f® J ~' a"~ Legend Figure 1 ~dqi ca4xen ~ Interstate DUKE ENERGY CAROLINAS LLC M+r ~ti4 Highway BRIDGEWATER HYDRO PROJECT Bute ~...,~ Road !n Jmnei a..u.mm -}- Railroatl Mcnine~~ Lake/Pond/SVeam/River ~o,ooo o ~o,ooo Overview Vicinity Map State Boundary ~ Feet - County Boundary Source data: Ashford, Oak HIII, Marlon Easl, Glen Alplne, NC u~' Populatetl Area USGS 1:24,000swle topographic maps ~~~~ ae.xa~a SHEET 1 OF 1 06-20-07 National Forest ~ ti ~ _ - ~ - ~' ~~ ~ i r 7 } • \`. ~~~``"1• ~. ~ C ;~ ~ ~ ~1 .~:~ (r '.-1 it + ~ /_.~.~ ~ (' r ~ } t , ~ ! 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" - k S ` ._ ~ r~ '~` +~f~- ~ --- ;;fir '~r• r~ ora~,`~i~7 " ~ .~ ;, ~ ~~ a"~. f M ^ Imo' / L \ 1 ~ - ~$~~ ~ •\ ~ i/J. - I t ... • ~ " `h•- ice' ; ~`~r:S I~' l I'~`6b '~~~+ ` . i it I -'p "h~ ~ ` ~~ ,?` ~ 1 - , r _ 7 "'~'~ t r Figure 2 DUKE ENERGY CAROLINAS, LLC ® Linville Dam Area BRIDGEWATER HYDRO PROJECT 2,000 o z,ooo Linville Dam Location Map Feet Source data: Ashford, Oak Hill, Marion East, Glen Alpine, NC USG51:24, W liscale topographic maps SHEET 1 OF 1 06-20-07 ;'~ s ~~ ~~f,e .. " •» , at .•~ ' ~a '~ ~'~ ~, „' ~- ~, ~pI'~ ~ ray '+ : AMA., ~ •... Permanent ~ ~` '~~x`' Riparian ' Impact ,.# ~~ gg,, «,. e'"~' ',:?~t~~ Waters of the ~ State Impact #1 ~:: s + , , s, ,.~ ° ~,. ,~ ~~ ~*. :; :~~ . , rt r +: `i . ~..~.~. Stream Impact #3 Wetland Impact #2 "y. Wetland Impact #1 `~ ~' ~'~ ~ ~`"` ~ ~~ ~ ~ ~~n_ ~° ` "' ~ R~arian Buffer Impacts ~~ .~ ~; ~ "~'' +'''~'~s,r~. ~, '~ ~~~'~~ ~ ~ ~ Temporary: 5,000 sq. ft. ~^' ~ R ~" ~~.~ r `, `~ ~" ~b ; ~~_ ~~ Permanent: 4,500 sq. ft. ~~~ ~ ~~~` ;'. ~_~ ~~ # a~~ r ,~;~ ~ ~ „ ~ ~3`~ 'y,~ r~ ~'~7~ ,~;. ~. 9 ~ W.k' +.. ~4:r `I,~~, Permanent r~' ~; t, ,:~ ~ ~'~' 1~, Riparian ~ ~` ~. ~,~ ~' ~ Impact ~ ~r .~, `~ ~r r ~~ ,d •d T ~i'~' .V~~ ,v~:! `r ,:. ~Y Legend `~ ~ " ~`- ~~ ; ~ z~ ~ ~~ ~~ ~ ' ~~ Impacted areas t~ ¢ ,~~ rt~ ~ w~; ~~ ~*,~ ~ v ~~ ~ ~ Wetlands -Stream ~'~ ' tir °~ ~ ,, ~ Waters of the State Culvert Stream Stream ~ ~' _ .~ ~~ ~, ~ Impact #2 °'y "~`.~ .~ ;F ~, ~ Permanent riparian impact ~' ~, +~e r ~ k F. ,= -~.' ~ Temporaryriparian impact xti ~ ~ " ~ + ~~" .~, ~ ~ ~, 0 100 200 300 :~~ ~,,,: ~, r ,.,,~ ~ .~ ~.~ ~~"~ >.~. Feet ~~,X DUKE ENERGY CAROLINAS, LLC r ~ t _r ~ ~~ ~_ ~ '~ ~` ' ,Y ~~'~~ ~ ~ ~ ~ ~~ ~ Bridgewater Hydroelectric Powerhouse ~; Stream - ;,~ ~ £ ~; Impact#I .~ . ~, g'` ~ ' ~ '~,>, ~ Demolition and Rebuild Project: ~`~ ` i ";~~~ -"~," °~~ °"; ~ ., ~ Resource Impacts ~' ~ "~ ~~^ ~# ~~ ~'~~ ,a~ Figure 3 ~' ';. - ..~ ~., ~ ~, ,y '~'~ '~` ;,~ ~ ~~yr rv F ~ ~ S ;~ ~{ ~ y ~~ ~~ `~ ~ s~ ~ ~~ Basc data dcnvcd from Acrial Photogaphy, 2004. The accuracy and complctcncss ~ ~ ~ ~ ~-. ~~ ~,~~~?~,. °" ~ .;; of this data is not gamnteed. Legend ~~ New Structures 0 100 200 300 400 Feet DUKE ENERGY CAROLINAS, LLC Bridgewater Hydroelectric Powerhouse Demolition and Rebuild Project: Project Sequence Figure 4 Flaw release structures locations determined from scanned AutoCad drawings. Basc data dcrivcd from Acrial photography, 2004. The accuracy and complctcncss of this data is not garanteed. b 0 0 c c N I U_ O R a ~a 0 ~» a o ~ o c c ~ c ~ ~ ~ I ~ ~ ~ R 'd UQ ~ ~ ~ ~ ~ ~ O ~* n ~ ~ ~ ~~ ~ m ~ ~ o ~ ~ ~. ~ ~ y 0 R u. C C .. .. R 1l' ~/ r C R "C A A 1 1 1 1 1 1 1 1 Photo UU3 -Northeastern edge of the basin. Photo UU4 - Unnamed tributary to the Catawba ttlver with cringe weiianus. Photo 005 -Unnamed tributary, picture taken from culvert. Photo 006 -Stilling basin and location of the tailrace. lvote iocat~on of ex~stmg rights of way. Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative APPENDIX B ' WETLAND DELINEATION AND STREAM SURVEY FORMS 1 1 1 1 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section 1V of the JD Form Instructional Guidebook. SECTION is BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington (Asheville Regional), Bridgewater Powerhouse Construction Project, Action Id. 2007-2247 C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:North Carolina County/parish/borough: Burke City: Glen Alpine Center coordinates of site (lat/long in degree decimal format): Lat. 35.7428° N, Long. 81.8369° W. Universal Transverse Mercator: Name of nearest waterbody: Catawba River (Old Linville) Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Catawba-Wateree River Name of watershed or Hydrologic Unit Code (HUC): 03050101 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ® Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ^ Office (Desk) Determination. Date: ® Field Determination. Date(s): 07/25/07 SECTION 11: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Appear to be no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Regzriredj ^ Waters subject to the ebb and flow of the tide. ^ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required) 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): t ® TNWs, including territorial seas ^ Wetlands adjacent to TNWs ^ Relatively permanent watersz (RPWs) that flow directly or indirectly into TNWs ^ Non-RPWs that flow directly or indirectly into TNWs ^ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ^ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ^ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ^ Impoundments of jurisdictional waters ^ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 270 linear feet: 125 width (ft) and/or acres. Wetlands: NA acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): Catawba River 1062 msl. 2. Non-regulated waters/wetlands (check if applicable):3 ^ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Boxes checked below shall be supported by completing the appropriate sections in Section III below. '- For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). s Supporting documentation is presented in Section III.F. 1 SECTION IIi: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section IIi.A.I and Section iII.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.I and 2 and Section I11.D.1.; otherwise, see Section 111.B below. i. TNW Identify TNW: Catawba River, below Linville Dam. Summarize rationale supporting determination: Although not used for commercial transport, this reach of the Catawba River supports secondary recreational uses (e.g., kayaking and canoeing) during generation flows. An actively stocked trout fishery is located immediately below the review area. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERTSTiCS OF TRIBUTARY (THAT iS NOT A TNW) AND iTS ADJACENT WETLANDS (iF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. if the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section iII.D.2. if the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section fiT.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. if the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. if the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. if the JD covers a tributary with adjacent wetlands, complete Section iil.B.l for the tributary, Section fII.B.2 for any onsite wetlands, and Section iII.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section TII.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Regulated by releases from upstream powerhouse.Pick List Drainage area: 0.13 square miles Average annual rainfall: 49.5 inches Average annual snowfall: 7.3 inches (ii) Physical Characteristics: (a) Relationship with TNW: ^ Tributary flows directly into TNW. ^ Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: The Catawba River crosses into South Carolina approximately 100 miles from its headwaters. "Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the grid West. ' Identify flow route to TNWS: River becomes a TNW in South Carolina near the confluence with the Wateree River. Tributary stream order, if known: (b) General Tributary Characteristics (check all that applyl: 1 Tributary is: ^ Natural ^ Artificial (man-made). Explain: ^ Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. ' Primary tributary substrate composition (check all that apply): ^ Silts ^ Sands ^ Concrete ^ Cobbles ^ Gravel ^ Muck ' ^ Bedrock ^ Vegetation. Type/% cover: ^ Other. Explain: Tributary condition stability [e.g., highly eroding, sloughing banks]. Explain: Catawba River stability =Very stable; ' Stream 1 =Moderately unstable, some sloughing, herbaceous vegetation on banks only. Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: Pick List ' Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ^ Dye (or other) test performed: ' Tributary has (check all that apply): ^ Bed and banks ^ OHWM6 (check all indicators that apply): ^ clear, natural line impressed on the bank ^ the presence of litter and debris ' ^ changes in the character of soil ^ destruction of terrestrial vegetation ^ shelving ^ the presence of wrack line ^ vegetation matted down, bent, or absent ^ sediment sorting ^ leaf litter disturbed or washed away ^ scour ^ sediment deposition ^ multiple observed or predicted flow events ^ water staining ^ abrupt change in plant community ^ other (list): ^ Discontinuous OHWM.~ Explain: ' if factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ^ High Tide Line indicated by: ^ Mean High Water Mark indicated by: ^ oil or scum line along shore objects ^ survey to available datum; ^ fine shell or debris deposits (foreshore) ^ physical markings; ^ physical markings/characteristics ^ vegetation lines/changes in vegetation types. ^ tidal gauges ^ other (list): ' (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: ' Identify specific pollutants, if known: s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. °A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where ' the OH WM has been removed by development or agricultural practices). Where there is a break in the OH W M that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. ' (iv) Biological Characteristics. Channel supports (check all that apply): ^ Riparian corridor. Characteristics (type, average width): ^ Wetland fringe. Characteristics: ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: ' 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: ' (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: ' Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: ' Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ^ Dye (or other) test performed: ' (c) Wetland Adjacency Determination with Non-TNW: ^ Directly abutting ^ Not directly abutting ^ Discrete wetland hydrologic connection. Explain: ' ^ Ecological connection. Explain: ^ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW ' Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. ' (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ^ Riparian buffer. Characteristics (type, average width): ' ^ Vegetation type/percent cover. Explain: ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ' ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( )acres in total are being considered in the cumulative analysis. ' For each wetland, specify the following: Directlv abuts? (Y/N1 Size (in acresl Directlv abuts? (Y/Nl Size (in acres) ' Summarize overall biological, chemical and physical functions being performed: ' C. SiGNiFiCANT NEXUS DETERM INATiON A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity ' of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. 1t is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. ' Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented ' below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section 111.D: ' 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TN Ws. Explain fmdings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section 111.D: ' 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section 111.D: ' D. DETERNIINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): ' I. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ^ TN W s: linear feet width (ft), Or, acres. ^ Wetlands adjacent to TNWs: acres. ' 2. RPWs that flow directly or indirectly into TNWs. ^ Tributaries of TN W s where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ' ^ Tributaries of TN W where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section 111.B. Provide rationale indicating that tributary flows seasonally: 1 ' Provide estimates for jurisdictional waters in the review area (check all that apply): ^ Tributary waters: linear feet width (ft). ^ Other non-wetland waters: acres. ldentify type(s) of waters: ' 3. Non-RPWss that flow directly or indirectly into TNWs. ^ Waterbody that is not a TN W or an 1tPW, but flows directly or indirectly into a TN W, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section ili.C. ' Provide estimates for jurisdictional waters within the review area (check all that apply): ^ Tributary waters: linear feet width (ft). ^ Other non-wetland waters: acres. ' Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. 1 ^ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ^ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section 111.D.2, above. Provide rationale indicating that wetland is directly abutting an 1tPW: ' ^ Wetlands directly abutting an 12PW where tributaries typically flow "seasonally." Provide data indicating that tributary seasonal in Section i11.B and rationale in Section IIl.D.2, above. Provide rationale indicating that wetland is directly abutting an 1tPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. ' S. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ^ Wetlands that do not directly abut an 1ZPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section 111.C. ' Provide acreage estimates for jurisdictional wetlands in the review area: acres. ' 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ^ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section 111.C. ' Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ^ Demonstrate that impoundment was created from "waters of the U.S.," or ^ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ^ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY)a° ^ which are or could be used by interstate or foreign travelers for recreational or other purposes. ^ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ^ which are or could be used for industrial purposes by industries in interstate commerce. ^ Interstate isolated waters. Explain: ^ Other factors. Explain: identify water body and summarize rationale supporting determination: "See Footnote # 3. v To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps aad EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. 1 Provide estimates for jurisdictional waters in the review area (check all that apply): ^ Tributary waters: linear feet width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: ^ Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLI~: ^ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ^ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ^ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ' ^ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ^ Other: (explain, if not covered above): Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR ' factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ^ Non-wetland waters (i.e., rivers, streams): linear feet width (ft). ^ Lakes/ponds: acres. ^ Other non-wetland waters: acres. List type of aquatic resource: ^ Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such ' a finding is required for jurisdiction (check all that apply): ^ Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). ^ Lakes/ponds: acres. ^ Other non-wetland waters: acres. List type of aquatic resource: ' ^ Wetlands: acres. SECTION IV: DATA SOURCES. ' A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:Location/vicinity and resource maps are located in the attached project narrative. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ^ Office concurs with data sheets/delineation report. ^ Office does not concur with data sheets/delineation report. ' ^ Data sheets prepared by the Corps: ^ Corps navigable waters' study: ^ U.S. Geological Survey Hydrologic Atlas: ^ USGS NHD data. 1 ^USGS 8 and 12 digit HUC maps. ^ U.S. Geological Survey map(s). Cite scale & quad name: ^ USDA Natural Resources Conservation Service Soil Survey. Citation: ^ National wetlands inventory map(s). Cite name: ' ^ State/Local wetland inventory map(s): ^ FEMA/FiRM maps: ^ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ^ Photographs: ^ Aerial (Name & Date): ' or ^ Other (Name & Date): ^ Previous determination(s). File no. and date of response letter: ^ Applicable/supporting case law: ^ Applicable/supporting scientific literature: ^ Other information (please specify): B. ADDiTiONAL COMMENTS TO SUPPORT JD: 1 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section 1V of the JD Form Instructional Guidebook. SECTION is BACKGROUND INFORMATTON A. REPORT COMPLETION DATE FOR APPROVED JURiSDiCTiONAL DETERMTNATION (JD): ' B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington (Asheville Regional), Bridgewater Powerhouse Construction Project, Action Id. 2007-2247 ' C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:North Carolina County/parish borough: Burke City: Glen Alpine Center coordinates of site (lat/long in degree decimal format): Lat. 35.7428° N, Long. 81.8369° W. Universal Transverse Mercator: ' Name of nearest waterbody: Catawba River (Old Linville) Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Catawba-Wateree River Name of watershed or Hydrologic Unit Code (HUC): 03050101 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ' ® Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ' ^ Oftice (Desk) Determination. Date: ® Field Determination. Date(s): 07/25/07 SECTION Il: SUMMARY OF FINDINGS ' A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Appear to be no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required) t ^ Waters subject to the ebb and flow of the tide. ^ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: ' B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Requiredf t 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): t ^ TNWs, including temtorial seas ^ Wetlands adjacent to TNWs ^ Relatively permanent waters' (RPWs) that tlow directly or indirectly into TNWs ^ Non-RPWs that flow directly or indirectly into TNWs ^ Wetlands directly abutting RPWs that tlow directly or indirectly into TNWs ^ Wetlands adjacent to but not directly abutting RPWs that tlow directly or indirectly into TNWs ' ^ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ^ Impoundments of jurisdictional waters ® Isolated (interstate or intrastate) waters, including isolated wetlands ' b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: linear feet: width (ft) and/or acres. Wetlands: acres. ' c. Limits (boundaries) of jurisdiction based on: Not Applicable. Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 ' ® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: In addition to the jurisdictional streams and wetlands located onsite, a non-jurisdicitonal stilling basin is located adjacent to the the powerhouse. Please refer to the attached Project Narrative for a complete description of this feature and a copy of the Notification of Jurisdictional Determination. ' 'Boxes checked below shall be supported by completing the appropriate sections in Section III below. Z For purposes of this form, an RPW is defined as a tributary that is not a T'NW and that typically flows year-round or has continuous flow at least "seasonally" ' (e.g., typically 3 months). ' Supporting documentation is presented in Section III.F. SECTION IIi: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. if the aquatic resource is a TNW, complete Section IIi.A.I and Section iII.D.t. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections iII.A.I and 2 and Section 1ll.D.1.; otherwise, see Section 111.B below. ' 1. TNW Identify TNW : 1 Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CIIARACTERiSTiCS OF TRIBUTARY (THAT iS NOT A TNW) AND iTS ADJACENT WETLANDS (iF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapavoshave been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. if the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section iII.D.2. if the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section iII.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. if the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. if the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. if the JD covers a tributary with adjacent wetlands, complete Section iIi.B.I for the tributary, Section IIi.B.2 for any onsite wetlands, and Section iii.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section TII.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: NA Pick List Drainage area: NA Pick List Average annual rainfall: 49.5 inches Average annual snowfall: 7.3 inches (ii) Physical Characteristics: (a) Relationship with TNW: ^ Tributary flows directly into TNW. ^ Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWS: Tributary stream order, if known: ° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. ' (b) General Tributary Characteristics (check all that applvl: Tributary is: ^ Natural ^ Artificial (man-made). Explain: ' ^ Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet ' Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ^ Silts ^ Sands ^ Concrete ^ Cobbles ^ Gravel ^ Muck ^ Bedrock ^ Vegetation. Type/% cover: ^ Other. Explain: ' Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): (c) Flow: Tributary provides for: Pick List ' Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: ' Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ^ Dye (or other) test performed: Tributary has (check all that apply): ^ Bed and banks ^ OHWM~ (check all indicators that apply): ' ^ clear, natural line impressed on the bank ^ the presence of litter and debris ^ changes in the character of soil ^ destruction of terrestrial vegetation ^ shelving ^ the presence of wrack line ^ vegetation matted down, bent, or absent ^ sediment sorting 1 ^ leaf litter disturbed or washed away ^ scour ^ sediment deposition ^ multiple observed or predicted flow events ^ water staining ^ abrupt change in plant community ^ other (list): ' ^ Discontinuous OHWM.~ Explain: if factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ^ High Tide Line indicated by: ^ Mean High Water Mark indicated by: ' ^ oil or scum line along shore objects ^ survey to available datum; ^ fine shell or debris deposits (foreshore) ^ physical markings; ^ physical markings/characteristics ^ vegetation lines/changes in vegetation types. ^ tidal gauges ' ^ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). ' Explain: Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where ' the OH WM has been removed by development or agricultural practices). Where there is a break in the OH WM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. '[bid. ' (iv) Biological Characteristics. Channel supports (check all that apply): ^ Riparian corridor. Characteristics (type, average width): ^ Wetland fringe. Characteristics: ^ Habitat for: ' ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: ' 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: ' Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: ' Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: ' Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick,List. Explain findings: ^ Dye (or other) test performed: (c) Wetland Adiacencv Determination with Non-TNW: ^ Directly abutting ^ Not directly abutting ^ Discrete wetland hydrologic connection. Explain: ^ Ecological connection. Explain: ' ^ Separated by berm barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. ' Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ^ Riparian buffer. Characteristics (type, average width): ^ Vegetation type/percent cover. Explain: ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( )acres in total are being considered in the cumulative analysis. 1 1 ' For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres] 1 ' Summarize overall biological, chemical and physical functions being performed: ' C. SIGMFTCANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent ' wetlands. it is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. 1 Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? ' • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? ' • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented ' below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section II1.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section 111.D: ' 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section 111.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPL1~: ' 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ^ TNWs: linear feet width (ft), Or, acres. ^ Wetlands adjacent to TNWs: acres. ' 2. RPWs that flow directly or indirectly into TNWs. ^ Tributaries of TN W s where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ' ^ Tributaries of TN W where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section 111.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ^ Tributary waters: linear feet width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: ' 3. Non-RPWss that flow directly or indirectly into TNWs. ^ Waterbody that is not a TN W or an RPW, but flows directly or indirectly into a TN W, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section IiI.C. ' Provide estimates for jurisdictional waters within the review area (check all that apply): ^ Tributary waters: linear feet width (8). ^ Other non-wetland waters: acres. ' Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ' ^ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ^ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section 111.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ' ^ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section TII.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ' Provide acreage estimates for jurisdictional wetlands in the review area: acres. ' S. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ^ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section 111.C. ' Provide acreage estimates for jurisdictional wetlands in the review area: acres. ' 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ^ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section TII.C. ' Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters? ' As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ^ Demonstrate that impoundment was created from "waters of the U.S.," or ^ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ^ Demonstrate that water is isolated with a nexus to commerce (see E below). ' E. ISOLATED INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMIVI);RCE, INCLUDING ANY ' SUCH WATERS (CHECK ALL THAT APPLY)a° ^ which are or could be used by interstate or foreign travelers for recreational or other purposes. ^ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ^ which are or could be used for industrial purposes by industries in interstate commerce. ^ Interstate isolated waters. Explain: ^ Other factors. Explain: Tdentify water body and summarize rationale supporting determination: xSee Footnote # 3. v To complete the analysis refer to the key in Section III.D.6 of the Instmctional Guidebook. ' 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanus. Provide estimates for jurisdictional waters in the review area (check all that apply): ^ Tributary waters: linear feet width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: ^ Wetlands: acres. ' F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLE: ® if potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers ' Wetland Delineation Manual and/or appropriate Regional Supplements. ® Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ^ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ' ^ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ^ Other: (explain, if not covered above): 1 1 1 1 1 Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ^ Non-wetland waters (i.e., rivers, streams): linear feet width ($). ^ Lakes/ponds: acres. ^ Other non-wetland waters: acres. List type of aquatic resource: ^ Wetlands: acres. Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ^ Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). ^ Lakes/ponds: acres. ^ Other non-wetland waters: acres. List type of aquatic resource: ^ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:Location/vicinity and resource maps are located in the attached project narrative. ® Data sheets prepared submitted by or on behalf of the applicant/consultant. ^ Office concurs with data sheets/delineation report. ^ Office does not concur with data sheets/delineation report. ^ Data sheets prepared by the Corps: ^ Corps navigable waters' study: ^ U.S. Geological Survey Hydrologic Atlas: ^ USGS NHD data. ^ USGS 8 and 12 digit HUC maps. ^ U.S. Geological Survey map(s). Cite scale & quad name: ^ USDA Natural Resources Conservation Service Soil Survey. Citation: ^ National wetlands inventory map(s). Cite name: ^ State/Local wetland inventory map(s): ^ FEMA/F1RM maps: ^ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ^ Photographs: ^ Aerial (Name & Date): or ^ Other (Name & Date): ^ Previous determination(s). File no. and date of response letter: ^ Applicable/supporting case law: ^ Applicable/supporting scientific literature: ^ Other information (please specify): B. ADDiTiONAL COMMENTS TO SUPPORT JD: 1 1 1 1 1 1 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section 1V of the JD Form Instructional Guidebook. SECTION is BACKGROUND iNFORMATiON A. REPORT COMPLETION DATE FOR APPROVED JURiSDiCTiONAL DETERMINATION (JD): B. DISTRICT OFFICE, FiLE NAME, AND NUMBER: Wilmington (Asheville Regional Office), Bridgewater Powerhouse Construction Project C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:North Carolina County/parish/borough: Burke City: Glen Alpine Center coordinates of site (laUlong in degree decimal format): Lat. 35.7428° N, Long. 81.8369° W. Universal Transverse Mercator: Name of nearest waterbody: Catawba River (Old Linville) Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Catawba-Wateree River Name of watershed or Hydrologic Unit Code (HUC): 03050101 ® Check ifmap/diagram of review area and/or potential jurisdictional areas is/are available upon request. ® Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ^ Office (Desk) Determination. Date: ® Field Determination. Date(s): 07/25/07 SECTION 11: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Appear to be no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Regz~ired~ ^ Waters subject to the ebb and flow of the tide. ^ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S."within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] ' 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): t ^ TNWs, including territorial seas ^ Wetlands adjacent to TNWs ' ® Relatively permanent watersz (RPWs) that flow directly or indirectly into TNWs ^ Non-RPWs that flow directly or indirectly into TNWs ® Wetlands directly abutting RPWs that tlow directly or indirectly into TNWs ^ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ^ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ^ Impoundments of jurisdictional waters ^ Isolated (interstate or intrastate) waters, including isolated wetlands ' b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 230 linear feet: 3 width (ft) and/or acres. Wetlands: 0.013 acres. ' c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known):Unknwn. 2. Non-regulated waters/wetlands (check if applicable):3 ' ^ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: ' ~ Boxes checked below shall be supported by completing the appropriate sections in Section III below. ' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" ' (e.g., typically 3 months). s Supporting documentation is presented in Section III.F. ' SECTTON HI: CWA ANALYSTS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. Tf the aquatic resource is a TNW, complete Section TiI.A.I and Section TH.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections TTT.A.1 and 2 and Section 1ll.D.1.; otherwise, see Section Il1.B below. ' 1. TNW Identify TNW: Summarize rationale supporting determination: ' 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERTSTiCS OF TRTBUTARY (THAT TS NOT A TNW) AND TTS ADJACENT WETLANDS QF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps ' determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 ' months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section iII.D.2. Tf the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section TiT.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. ' Tf the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. Tf the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for ' analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. Tf the JD covers a tributary with adjacent wetlands, complete Section iII.B.I for the tributary, Section TIi.B.2 for any onsite wetlands, and Section TH.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section TH.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: ' Watershed size: 0.030square miles Drainage area: 0.027 square miles Average annual rainfall: 49.5 inches Average annual snowfall: 7.3 inches (ii) Physical Characteristics: (a) Relationshipwith TNW: ^ Tributary flows directly into TNW. ^ Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TN W5: Tributary stream order, if known: ' "Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the acid West. s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. i ' (b) General Tributarv Characteristics (check all that applvl: Tributary is: ^ Natural ^ Artificial (man-made). Explain: ^ Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ' ^ Silts ^ Sands ^ Concrete ^ Cobbles ^ Gravel ^ Muck ^ Bedrock ^ Vegetation. Type/% cover: ^ Other. Explain: ' Tributary condition stability [e.g., highly eroding, sloughing banks]. Explain: Banks are moderately stable with some sloughing in some areas. Bank vegetation is herbaceous. Presence of run riffle/pool complexes. Explain: ' Tributary geometry: Pick List Tributary gradient (approximate average slope): (c) Flow: ' Tributary provides for: Pick List Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Flow appears to be perennial. ' Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ^ Dye (or other) test performed: Tributary has (check all that apply): ^ Bed and banks ^ OHWM6 (check all indicators that apply): ^ clear, natural line impressed on the bank ^ ^ changes in the character of soil ^ ^ shelving ^ ^ vegetation matted down, bent, or absent ^ ^ leaf litter disturbed or washed away ^ ^ sediment deposition ^ ^ water staining ^ ^ other (list): ^ Discontinuous OHWM.~ Explain: if factors other than the OH WM were used to determ ^ High Tide Line indicated by: ^ ^ oil or scum line along shore objects ^ fine shell or debris deposits (foreshore) ^ physical markings/characteristics ^ tidal gauges ^ other (list): the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community ine lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by: ^ survey to available datum; ^ physical markings; ^ vegetation lines/changes in vegetation types. (iii) Chemical Characteristics: ' Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where ' the OH WM has been removed by development or agricultural practices). Where there is a break in the OH W M that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. llbid. ' (iv) Biological Characteristics. Channel supports (check all that apply): ^ Riparian corridor. Characteristics (type, average width): ^ Wetland fringe. Characteristics: Palustrine emergent wetland directly abutting stream 1. ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: Macro-benthic invertebrates. 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: ' (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: ' Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationshin with Non-TNW: ' Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Some sheet flow was observed at the time of the field survey. ' Subsurface flow: Unknown. Explain findings: ^ Dye (or other) test performed: t (c) Wetland Adiacency Determination with Non-TNW: ®Directly abutting ^ Not directly abutting ^ Discrete wetland hydrologic connection. Explain: ' ^ Ecological connection. Explain: ^ Separated by berm barrier. Explain: (d) Proximity (Relationship) to TN W ' Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. ' (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: ' ldentify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ^ Riparian buffer. Characteristics (type, average width): ' ^ Vegetation type/percent cover. Explain: ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ' ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List ' Approximately ( )acres in total are being considered in the cumulative analysis. 1 For each wetland, specify the following: Directlv abuts? (Y/M Size (in acres) Directlv abuts? (Y/N) Size (in acresl Summarize overall biological, chemical and physical functions being performed: Fringe wetland associated with Stream 1 performs flood water retention, pollution retention, and ground water recharge services. Near the upper limits of the relevant reach wetland serves as groundwater source to Stream 1. C. SiGNiFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. it is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section 111.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section 111.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section 111.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLI~: 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ^ TNWs: linear feet width (ft), Or, acres. ^ Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TN W s where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Stream 1 appears to be a bed and bank perennial stream. Evidence of groundwater recharge and continous flow were observed, as well as an OHWM, substrate sorting, and the presence of macrobenthic invertebrates. ^ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section 111.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ' ^ Tributary waters: linear feet width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: ' 3. Non-RPWss that flow directly or indirectly into TNWs. ^ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section 111.C. ' Provide estimates for jurisdictional waters within the review area (check all that apply): ^ Tributary waters: linear feet width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: ' 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ' ®Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetland is typical fringe PEM wetland. Wetland is not separated from Stream 1 by an upland feature and therefore is not considered adjacent. Provides groundwater flow to the stream during periods ' of low flow and groundwater recharge at other times. ^ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section 111.B and rationale in Section 111.D.2, above. Provide rationale indicating that wetland is directly ' abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: 0.013acres. ' S. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ^ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a signitcant nexus with a TNW are jurisidictional. Data supporting this ' conclusion is provided at Section 111.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. ' 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ^ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section 111.C. Provide estimates for jurisdictional wetlands in the review area: acres. ' 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ^ Demonstrate that impoundment was created from "waters of the U.S.," or ^ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ' ^ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY)a° ^ which are or could be used by interstate or foreign travelers for recreational or other purposes. ^ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ' "See Footnote # 3. s To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. ' 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Fallowing Rapanos. 1 1 1 1 ^ which are or could be used for industrial purposes by industries in interstate commerce. ^ Interstate isolated waters. Explain: ^ Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ^ Tributary waters: linear feet width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: ^ Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ^ if potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ^ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ^ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ^ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ^ Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ^ Non-wetland waters (i.e., rivers, streams): linear feet width (ft). ^ Lakes/ponds: acres. ^ Other non-wetland waters: acres. List type of aquatic resource: ^ Wetlands: acres. Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a fmding is required for jurisdiction (check all that apply): ^ Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). ^ Lakes/ponds: acres. ^ Other non-wetland waters: acres. List type of aquatic resource: ^ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:Location/vicinity and resource maps included in project narrative. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ^ Office concurs with data sheets/delineation report. ^ Office does not concur with data sheets/delineation report. ^ Data sheets prepared by the Corps: ^ Corps navigable waters' study: ^ U.S. Geological Survey Hydrologic Atlas: ^ USG5 NHD data. ^ USGS 8 and l2 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name:1:24,000, Glen Alpine. ^ USDA Natural Resources Conservation Service Soil Survey. Citation: ^ National wetlands inventory map(s). Cite name: ^ State/Local wetland inventory map(s): ^ FEMA/F1RM maps: ^ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ^ Photographs: ^ Aerial (Name & Date): or ®Other (Name & Date): ^ Previous determination(s). File no. and date of response letter: ^ Applicable/supporting case law: ^ Applicable/supporting scientific literature: ^ Other information (please specify): 1 B. ADD1TlONAL COMMENTS TO SUPPORT JD: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 USACE Wetlands Delineation Manual) Project Site: Brid =ewater Powerhouse Date: 5/20/07 LLC licant/Owner: Duke Ener Carolinas A County: Burke , pp ator: Jason Isbaniol TA Investi State: NC g Do normal circumstances exist on the site? Yes® No^ Community ID: U 1s 1:he site significantly disturbed (Atypical Situation)? Yes^ No® Transect ID: U land 1 Is 1:he area a potential problem area? explain on reverse) (if needed Yes^ No® Plot ID: Outside of Line Z. , VEGETATION (In Order of Stratum) Note those species observes to have i Dominant Plant Species Stratum Indicator 1. Festuca rubra herbaceous FacU+ 9. 2. Plantagelanceolata herbaceous Fac 10. 3. Erigeron annzzus herbaceous FacU 11. 4. Taraxac•um officinale herbaceous FacU 12. 5. 13. 6. 14- 7 15. 8. 16. ioto Lcat aaa L8L10RS LO Werl'dIl(LJ WILIT All " Dominant Plant Species Stratum Indicator Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-): 25% include species noted (*) as showing morphological adaptations to wetlands. Describe Morphological Adaptations: Re;marks: Parameter is not met. Hydro h is ve etation a ual to or less than 50%. v RECORDED DATA PRIMARY (1 or more required) (Describe in Remarks) INDICATORS ^ Stream, Lake or Tide Gage ^ Inundated ^ Aerial Photograph ^ Saturated in Upper l2 Inches ^ Other ^ Water Marks ® No Recorded Data Available ^ Drift Lines ^ Drainage Patterns in Wetlands FIELD OBSERVATIONS: ^ Sediment de osits Depth of Surface Water: NA (in.) SECONDARY (2 or more required) INDICATORS Depth to Free Water in Pit: NA (in.) ^ Oxidized Root Channels in Upper 12 Inches ^ Water-Stained Leaves Depth to Saturated Soil: NA (in.) ^ Local Soil Survey Data ^ Other (Explain in Remarks) ^ FAC-Neutra] Test Remarks: Parameter is not met. No primary or secondary indicators of wetland hydrology are present. Cf177 C Map Unit Name Udorthents, Loamy Well Drained (Series and Phrase): Drainage Class: Unknown Field Observations ^ Taxonomy (Subgroup): Confirm Mapped Type? Yes No PROFILE DESCRIPTION penth Matrix Color Redoximorphic Redoximorphic Texture, Concretions, Inches Horizon (Munsell MoisU Features Colors Features Rhizosnheres. etc. (Munsell Moist) Abundance/Contrast 0- l 8 A 10 YR 4/3 Silt Loam Hydric Soil Indicators: 0 [] Histosol ^ Concretions [] Histic Epipedon ^ High Organic Content in Surface Layer in Sandy Soils [] Sulfide Odor ^ Organic Streaking in Sandy Soils [] Aquic Moisture Regime ^ Listed on Local Hydric Soils List [] Reducing Conditions ^ Listed on National Hydric Soils List ^ Gleyed or Low-Chroma Colors ^ Other (Explain in Remarks) H dric Soil Present? Yes ^ No Rt;marks: Parameter is not met. No hydric soil indicators are present. VUG'Ti ANiI i7FTFRM7NATif1N Hydrophytic Vegetation Present? Yes^ No® Hydric Soils Present? Yes^ No® Wetland Hydrology Present? Yes^ No® Is this Sampling Point Within A Wetland? Yes^ No® Remarks: No wetland arameters are resent. 1 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 USAGE Wetlands Delineation Manual) Project Site: Bridgewater Powerhouse Date: 7/20/07 LLC Applicant/Owner: Duke Ener Carolinas County: Burke , Investigator: Jason Isbaniol DTA State: NC Do normal circumstances exist on the site? Yes® No^ Community 1D: PEM is the site significantly disturbed (Atypical Situation)? Yes^ No® Transect 1D: Wetland 1 Is the area a potential problem area? explain on reverse) (if needed Yes^ No® Plot ID: Line Z. , VEGETATION (In Order of Stratum) Note those species observed to have ~ Dominant Plant Species Stratum Indicator 1. Ludwigia alternifolia herbaceous FacW+ 9. 2. Rhexia virginica herbaceous FacW+ 10. 3. Carex lurida herbaceous Obl 11. 4. Juncus effusus herbaceous FacW+ 12. 5. Cyperus strigosus herbaceous FacW 13. 6.. 14. 7. 15. g. 16. solo icat ado tanons to wenanas wnn an Dominant Plant Species Stratum Indicator Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-): 100% include species noted (*) as showing morphological adaptations to wetlands. Describe Morphological Adaptations: Remarks: Parameter is met. Greater than 50% of dominant ve etation is FAC or wetter. v RECORDED DATA PRIMARY (1 or more required) (Describe in Remarks) INDICATORS ^ Stream, Lake or Tide Gage ^ Inundated ^ Aerial Photograph ® Saturated in Upper 121nches ^ Other ^ Water Marks ® No Recorded Data Available ^ Dritt Lines ® Drainage Patterns in Wetlands FIELD OBSERVATIONS: ^ Sediment de osits Depth of Surface Water: NA (in.) SECONDARY (2 or more required) iNDiCATORS Depth to Free Water in Pit: NA (in.) ^ Oxidized Root Channels in Upper 12 Inches ^ Water-Stained Leaves Depth to Saturated Soil: 6 (in.) ^ Local Soil Survey Data ^ Other (Explain in Remarks) ^ FAG-Neutral Test Remarks: Paramter is met. Primary wetland hydrology indicators are present . C(lii.C 1 1 1 Map Unit Name Unknown Unknown (Series and Phrase): Drainage Class: Unknown Field Observations ^ Taxonomy (Subgroup): Confirm Mapped Type? Yes No PROFILE DESCRIPTION Death Matrix Color Redoximorphic Redoximorphic Texture, Concretions, Inches Horizon (Munsell Moistl Features Colors Features Rhizospheres, etc. (Munsell Moist) Abundance/Contrast 0-3 A 10 YR 4/3 7.5 YR 4/6 Sil Loam 3-10 B 7.5 YR 4/2 7.5 YR 4/4 Common, Fine, Sandy Loam Distinct 1(1-18 B2 7.5 YR 5/3 7.5 YR 4/4 Few, Fine, Faint Sand Loam Hydric Soil Indicators: 1 [] Histosol ^ Concretions [] Histic Epipedon ^ High Organic Content in Surface Layer in Sandy Soils [] Sulfide Odor ^ Organic Streaking in Sandy Soils ^ Aquic Moisture Regime ^ Listed on Local Hydric Soils List [] Reducing Conditions ^ Listed on National Hydric Soils List ~~ Cleyed or Low-Chroma Colors ^ Other (Explain in Remarks) H dric Soil Present? Yes ® No ^ Remarks: Parameter is met. Low chroma colors (Cleyed) accompanied by bright redoximorphic features. LWFTi.ANn 11FTFRMiNATi(1N H.ydrophytic Vegetation Present? Yes® No^ H:ydric Soils Present? Yes® No^ Wetland Hydrology Present? Yes® No^ Is this Sampling Point Within A Wetland? Yes® No^ Remarks: All wetland arameters are met. ' ~ IUSACE AID# ~~ DWQ # ~ Site # (indicate on attached map) ' ;,~,; STREAM QUALITY ASSESSMENT WORKSHEET - .,,- Provide the following information for the stream reach under assessment: 1. Applicant's name: Duke Energy Carolinas, LLC 2. Evaluator's name: Jason Isbanioly 3. Date of evaluation: 7 / 2 0 / 0 7 4. Time of evaluation: l o : o o am ' S. )lame of Stream: Unnamed tributary of Catawba R. 6. River basin: Catawba 7. Approximate drainage area: < . 1 o s q . mi 1 e 8. Stream order: 1 s t 9. ]Length of reach evaluated: Approximately 250 ~ 10. County: Burke 11.. Site coordinates (if known): prefer in decimal degrees. 12. Subdivision name (if any): Latitude (ex. 34.8723 12): 3 5.7418 5 8 Longitude (ex. -77.556611): - 81.8 3 6 9 3 9 ' Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Photo/GIs Other GiS Other 13.. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): Located off of and parallel to Powerhouse Rd. Adjacent to Bridgewater Powerhouse. 144. Proposed Channel work (if any): Minor Discharge (NwP 18) of approximately 30 linear feet (<10 cubic yards) . 15. Recent weather conditions: Fair Rainfall w/n previous 48 hours . 16. Site Conditions at time of visit: Non-impacted, flowing water w/n channel . 17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat --Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 19'. Does channel appear on USGS quad map? YES NO 20. Does channel appear on USDA Soil Survey? YES NO 21. Estimated watershed land use: _% Residential _% Commercial _% Industrial _% Agricultural 65 % Forested 3 ~ % Cleared /Logged 5 % Other ( Paved Road 22:. Bankfull width; 4 ft 23. Bank height (from bed to top of bank): 3 ft 244. Channel slope down center of stream: -Flat (0 to 2%) ? Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%) 2~i. Channel sinuosity: Straight x Occasional bends -Frequent meander -Very sinuous -Braided channel Instructions for completion of worksheet (located on page 2}: Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown far the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a scare of 100 representing a stream of the highest quality. 36 Stream has been ditched and straightened. Bank soils Total Score (from reverse): Comments: ~=_xhibit evidence of past saturation (i.e., hydric soils). Fringe wetlands reforming active flood- Olain. Numerous era fish chimne s and filled snails observed. r Evaluator's Signatu ~~ DateT_/?,../r~ This channel evalu on form is intended to be only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change -version 06/03. To Comment, please ca11919-876-8441 x 26. 1 1 STREAM QUALITY ASSESSMENT WORKSHEET -- - # _- CIIARAC'1'ERISTICS ECOREG ION POINT RANGE SCORE Coastal Piedmont Mountain Presence of slow /persistent pools in stream 0 - 5 0 -- 4 0 5 1 (no flow or saturation = 0; strong flow = max points) 3 Evidence of past human alteration 0_ 6 0- 5 0 -- 5 2 (extensive alteration = 0; no alteration = max Dints) i 3 Riparian cone 0- 6 0- 4 0- 5 (no buffer - 0; contiguous, wide buffer = max points) o Evidence of nutrient or chemical discharges 0 - 5 0 4 0 - 4 ~ (extensive discharges = 0; no dischar res = max Dints) 3 a 5 Groundwater discharge 0 ___ ~ 0_ q 0- 4 d (no dischar Je = 0; springs, seeps, wetlands, etc. = max points) 3 U ~, Presence of adjacent tloodplain 0-4 0 4 0 -2 1 (nn [loodplain -= 0; extensive (loodplain = max points) ,x , Entrenchment / floodplain access 0 -- 5 0 - 4 0 - 2 ~ / (dcc 1 entrenched = 0; fret uent lloodin r = max Dints) 1 8 Presence of adjacent wetlands 0 _ ~, 0 - 4 0 - 2 (no wetlands = 0; large adjacent wetlands = max points) 1 ~ Channel sinuosity 0- 5 0- 4 0- 3 (extensive channelization = 0; natural meander = max Dints) 1 10 Sediment input 0- 5 0- 4 0- 4 (extensive de osition= 0; little or no sediment= max points) ~ Sire & diversity of channel bed substrate NA* p .~ 0 - 5 11 (line, homo venous =- 0; large, diverse sizes ~= max points) ~ Evidence of channel incision or widening 0 __ 5 0- 4 0- 5 }a I ~ (decpl incised _ 0; stable bed & banks = max points) 1 F"' 13 Presence of major bank failures 0- 5 0- 5 0-5 a (severe erosion = 0; no erosion, stable banks = max points) ~ ~ ~ Root depth and density on banks p _ 3 0 - 4 0 _ 5 ~ 14 (no visible roots-~ 0; dense roots throughout = max points) ~ ~ Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 15 (substantial im act =0; no evidence - max Dints) 4 Presence of riffle-pool/ripple-pool complexes 0 - 3 0 - 5 0 - 16 (no ril7les/ripples or pools = 0; well-developed = max Dints) ~ ~ Q l ~ Habitat complexity 0 __ 6 0- 6 0- 6 E"" (little or no habitat - 0; frequent, varied habitats =- max points) ~ GC Canopy coverage over streambed 0-5 0--5 0-5 1 ~ . (no shadin r vcgctat~on _~ 0; continuous canopy - rnax Noints) 0 ~, I g Substrate embeddedness NA* 0- 4 0- 4 (deep) embedded ~- 0; loose struchire = max) ~ ___ - - Presence of stream invertebrates (see page 4) 0. 4 0 - 5 0 - 5 ~0 (no cvidencc = 0; common, numerous t es -max points) ~ ~~ ~'~ 21 Presence of amphibians 0 _ 4 0 - 4 0 - 4 ~~ (no cvidencc = 0; corrul~on, numerous t pes = max Dints) 1 ~I C~ ~ 2 Presence of fish 0- 4 0- 4 0 4 .. x~oints) numerous types - ma (no evidence 0 common o pCl -- ___ ~3 _ _ , _ Evidence of wildlife use _-___ _ -__-_ . 0 - 6 ______-- - ____.-- 0 - 5 ____-_- _-___. 0 - 5 (no evidence _ 0; abundant evidence -max points) 1 Total Points Possible I00 100 100 TOTAL SCORE (also enter on first page) 36 * These characteristics are not assessed in coastal streams. 2 1 1 1 1 1 Duke Energy Carolinas, LLC APPENDIX C Bridgewater Powerhouse Project Proiect Narrative AGENCY CORRESPONDENCE 1 Uno: ~icial E'ER'-.aer.nrated PDE of 20670719-OlOfl Received b~' FERC C)SEC 07/17j2007 ~^: Dec:Ket#: EFl)7-v2'-C)C:C` ~ ~ ° ~~ ~ ~ . •pM awti „n6' ,~'t~rth Car®iina Department of Cultural R.e~O€~rces State I~istoric Preservation t?t~i~e } efer 8. Sundbe:k, Administrator f ~jt'v c and Hi51nn biichae! F. Easley: ~C~avcmar ' Lisbeth C =~'3^.s, S^':=r~A^' Jeffrey ~• Cro+~, Deputy Secrct~;y dune 1f, ~1~107 1 1 L)~ike Er.rr~,< EC~J3T ` PO ~?os 1.00 Officc 0 1 C_ , Division nfHistnricat Rosourccs Da.ic 5rrok,?'irc.tcr o _ ~- _ _ ~, Y Lr~ari~,° ..,~~_~ ~-%01-:006 ~. ~'_~ ~ ~ r~' ~ ~ ~ ~s. R , r _ Z L . _ . z~e_ ~te~ace >~..~,~~:.~..iter _ ~yc': c ;_nc ; c.~ er~c ._ SL ~~ L,r-~. 4te: ~ - -_ .. _. .•.f`S. Cr " n .4,C}i.~5~ CC~L?s°N_£'t1Li°%~ ~'~ <t,7C': e I rC}1CCL. ti~ ~ ~i3C'F' fCCe7`=e'Q 1"7~ilti~_dt:Fr•zl iG1TI1 tic: C3~.' 3=. r ~. I ~ f rr'iil t~ ~ti, t !t COL ~ ~:~ r .}.~ ~' >;;St F C1I ' ~ ~-, 1";i: ~ T x '. ~t ~ k : I. J~..itit trr ~ t .i,n -.. ' t ti? s ~ ~ }'~li=; ~i6Ce55 ';: 1t 1..T";9t*Y ~ .y tS' '•~ft, CO~c'rGt~ j`7 -,,S,.O~~c 11 aces a Ndz:i of sne Ca•awb>f ~' to rw'L Pa~~r:a:. ~ati~ ~~~xeerr:~°nt (PA) benz~e~n F~R+:., Luxe rner~t, thc. s~rlx~tsf ~' Ct~.t~c:.' c~ ~~:st~_~c . PZE'5eIVa't~~ti, d,.u ;~. ~V'JZCi`Z "~.ll~ .SCLIi~l C1i:0t.1;~2 ~G2te ~ii~t~t?>1C ~SroS`~1'V3~1_-a. ~%ri~4LTS. z Given that t7c ~rGo~~ ~.d de:r,.~1i'~urx of chr uti~~~er~ ~ ~ .x ll r ~° ' •n ,t1 ~~ rs ~Eiec _ tx~n d~ ~ ~,,b,~ pLC} °~j, ure LuCC71?2tZ~°Il~ t~23t ):7Likt° ~17L'I~ IS17iT1CClIatc'~~' i •..~_. CC .._c1:t.1L+L. :~~ it LiS 1':as~£Z u"i. .~iai.~ t' Ji'tr- '''t~, TCj i(1.i11~ 1tS 2 b!?.:.~cs.; ~~,5 3GI~~~cS1I7E'. r~lC ;{~\~."`ir C.[ItCt. ~~ ~~~ r 'There , r t~c> ~:__*?c;v.-i-: r o deu izrcha~ ol?~iua! sates sntnin Lhe A,roiect hc?unaaries, 1-i~wp~~r, the prc~eet area lncacion or si ni~ic:a.~ce Ut arch ;;~~~~ res~urees. ??S1S CP_V>rTt~--°C=2 5 sIFT?1~LC~~li' Sll~JCBeC~ tO:JPte1":TISS]? the ~ _. ~.<_.- r;. +-s ~n ~ ~t ~ , F' <TI' rt TeV'C}115~F '~ S~~fS, PrtCF~ l:~ 8 Ba~ecj c~~ ~h ' tl,~ -~ tt?c ~ d 1';y~rc Ic~~cal str._:.tron and th proc.irxl.iry hl~i1 ~72t ~;z~??9'V O1 ~sn~ ~ r°9~tiCe a~ L~rt~t3tO.1C OI }1tSLJtIC dr,'+11CO~G~']C2' a«e5 a ~,ic i ~' rP. .t'_1' 4 ~:e i+ 1 ~1 ~4t~ ~~' ~lfl e~i~Cr ~ ,. LC"?d~GICt~'~ t4 iCjryt~lSeU's ~L;c~ ~k~e Tt~CU7SL'2`Svlet_. `.Bi $ C1..+tii~>.Er ..1~1'a ~ r t r ~~~ t'°3 ODrJ e :;Qlaa,c tar ~:~ L.~ci:.:,.e of a ~,c~. 1l~- Fr F t ,l t~,i . C_ CGk.oti~~CilC.i - - nr. f x,c„_E~rJ ~,- - PIC% ~,t• 1 ~~f}-[1 ,~. ~.~'.. [..~ ~.'il t .lta.}. .w.~ ...~-_~- -^- ~~+t.'1. ~Pf ~.t~ as -+ e ~ . .~ 1~tr ~ i_D C" .. ""Fc 1 tPf~ ~T( ~28?C`ifi~1C'~ t t'V.a' r pOrL_ 1 LtiCr~ u~ t~ ,~~ >,c t ~ C~~ a~ ~ ~i ~lc r GTZ'. ] ....,>,. C __~.,_,_ 3 ~ C>.. A.. Lh ~ ..T. ~ . i..u~3.. .. x.t a.~.3 <._ nOl31~C.. OI y ;Ili",t]:C~ }a~ __:lC.~l i) .i, e~~?2 ZLtii:li' Totep6onrlFai location Mailioe Addrec€ 91'x`733-4763.?3~-6653 •7 N. Blc:unc Succ., ttsieigr NC SU?7 itilail Serv+ce Cenirs, R.alesgt 1 t.. ~54~ ,3t'! ( ~ ADMiPtiaTRaTlish~ kalei h ~7C Z7694 aG i? (91 ~?733-5547(11 5~~8U! 515 N.B?ountS~roeLRaleighNC afit7Mai?5ervieeCrnter, g C~ s 11 ~~J9)733-b.L'q/71«8n` RESTC?ftAF(~h 4617 M13ail $erv~ce Ccn!c, Raleigh 76 r' SURVEY & PLI.h'KS?~~~ 515 "t Blount Street, Raleigh, HC Unofficial EERC-Generated PUF' of 20G70~k9-X05 Received b}~ FER%: ~S£C ~t~~,`f17i200? in ttocket~ ERGS-923-C~(l0 A list of archaeological consultants who have corlducred or expresPed an inatloess~ listed, or anv other' orth ' Carolina is available at ~'` archae ~ . experienced archaeologist, m'y be contlcted to conduct the rccotntncnded sus~vey, The abovr comments arc made pursuant to :action 1tX o: the Naz;anal 1-.isto~c Prescrvatic~!~ Act ar~d she Advisory Council on l~iistoric Preservation's Regulations for Campliancc with Section 146 codified at 36 CFR ' Part 840. °T'haak you for gouz cooperation and consideration, If you have qucstiotas conccrnir'jg :he atxave cotzunc.~xt, contaAt Reece Gledhill-Earley, environmental re~~tew coarc~instor, at X19/733-4763 ext. 246. In aIl Future cor,.rrnunicatiota concerning this prajcct, please cite the aboj~e referenced tracking rlui~racr. 1 1 1 t; ~~e C "4~ _~, _ .~ ~ ~_ i- .-.C ~~ ~. i ~,7t, e ik i:. si 5.+,•'•S ,}1.9 ~.'~ hii-s ~rC :t ai S ~E.~ ~. 1, ... ., ., ..'_... 3~~iC~'„S t't1 if ~. ;'{~ ~~4)lF t'f~~63fi I'q ~' ~'q~6I~i R~l1 E, ER€ +*~~ ~.. ~~~r~. -- ;~ ;~ ~ ; L' t_ 11 ,~~~.P ~ ~~ I~ ir:~: ~rec irst~-ut:u~~n pl~~t~ral~7~ ~~~ ~s•~ ~t ,:I~~ Br~~z~~'a°~r E,~ L iS ! ~ y ;'i' ;`ed ~!~' ~E.tk~ li~ S ', J~ _' -~ £'.. - 'xiill. '_IV I (1 [:`li~cti .,, L~~ ti. t i,. ~ In '' Ui b..~ iA: i{~ ~~`, FCC ~~ cli CUL. ~ IE:S ~ ~~ C ~ 1":'T'~'3' 1S ~I'~ ; ~(l~l.IIU 1~-J ~`~ ,, _ .. ~. i.llltii~ ~ -_.~il. 1i1 S il~~.ii; ~% 15 !3t~Ez~CL~ ~,_lt1 Ct,~i;~ttiZC~ ~~Y .tIC j,., ! i t3 ~; i'_ ', t_,Oi71!]?i~~lr,;t (' ~'~E~`} ~ ,~ C~~~~ ~~"C~pOSeC~ ~[I"11'(}V~fT'~t',T1t5 +'£' the rti51'1l 3 t° ~{ ~ ~ t it~ ! ~~;' C~I~ S:f `C`Iy Of t_'''T?2S :!i2~ Sf?`'1CCl.II"ES tC_~C ~lr ,°I1i1311~ C1t15ti":)p~?1C e` elli5. _ ~ ~ ~ iJ~_'1~1!lf ati(7Ct~ _ . AwtittC'.~,f~S_ _ ~~ h,.} CO COI'~.:ICt t?lc IG£`tXlr+.i~~t'ye[ilCl ~ ; ,' _ - I~ -tills ~~I ",.,Ci i'-, ~.'.lt I'~t: ~:'1 ~~ t ~ltf~C_~tly `')C_~~ ~ "~'~tr}Il'` i~~~~ ~~trJ~7l'7Se~ t(JC~`~?I'1?1 Of [~7~ ~C~I~R~C,Z`=.~ii"1I ~~ h.l. ~,-i;°t_ _?13~1 ,~ „t'l LsC2~t..._ C~c ;1~11_y ~'~ _ ic,%~.C•~ (~,~~ _ . ~~ L _ ~ in ~,,i'r t0 hz-~ir~ t` E-S~° t'rc;.~ct. ~1,..~ ~c31,ei' ~~s~ •- i1? t_~ r~ t:~ui'~ . ~ gin. 1 ~Ir ~iczr t~it_~i`r~~ DTA ' ~ Ill ~t4'~~t t~i~l5. ~,..liit... t.~~l' I~ } ~i~~.~~•'~•\i.~ t{~ ('~.. 1.~III It C~I1 'bl l1..I[ I*` C-114~t~~.~i ~,'~ .~ (t V,i-II ,,.il~ ia~,l~\~~l~ ~.~t~~cl~. C,~li tip ti7c' C117I~~"i; jitl~~i`l~~ii!ILSE' lii~tile ~VCIIi ofd l~i';U1l~tIIC IIiC;C2:i~e i1i }1_~'~3''~t11iIC pre5SllrC, [he ~`!i'IlSti?C~, V+%aS ~~LI1~1 i ~: U~t eITlc'I _C`ih'y Cep :'~ ~d~~'e t}ial erllj?iles ].^'.`~ [tic. ~~ ~OCu~ 3 1~ ~~1~~'O(~Il W l`+ ~~JI~1 ~l7 ~~'I~C.:?~ .! ~ ,til_i'. ~~~)pi t~la~ tfil-t:~u :.~.~ Itl ~I~iSlp~itlIl~ eIIer~V III EfIU e1svRT Cif .>>l tiiic.r~Ci?c:~ iCic~tSe I( .°lfilui~~f ~. It`I.',~ Cih~t lip.' C(~fi>ir5.°3 ~(i L'~i tilt. ih"~.A g0~',~enc~~use '~ ll_3~ti1Ci:'iC'Cf ~'i ~='i~~t`'~i~~ i.Of~'CI ~rl~1"II ~Iw, Lill;viii~~ i'SSI i`rc~s~.~ci Guui ~~~en~~~ ~_~~~ ~a~-e is recei~~ed >t<:~!,~ oti~erwi~e. DTA u-ili .Ect LIII+~~°~~ t-v .~csilmptin>> tlt_,t tl;~; iii ~ ~ ~i~c ~ i5 ~i I~c~ICTiOCIa~ ii~~ i , liC1~7 i•~r5 lily )i~~Ili~ Cil~c,hdl ut Iil }l~ ~~e~lli3it;Ci ~~ ,~ t rJ ~~ ~I~Illy ~~~c ,-~ ~' .. ~~~`II~ Hers '~~ lti< ~I ~I;?~._Clanal ,3~ItiI~~7iI~~ ~_ _:~cd ,y _ Cle,.~,~ ti~-.,~.,r ^~t•t 'I~c~post'i IIl ~,~{~•t m~,~c~l~in~ ~ls~!~~_~~e of 'i?L~~wed fill IrI uteri is I~~ c~ tE ,~ ; ~ ,_~nti~?l_y ~uri~~'~,_ttcn:._i ~~; erg «~iil exceed the ?5 ctilhrc Vcil~t~ t~,'t~~:7(d set I?v ~~ ~ian~ .~~,~ P~ Im~~~ #~ - hlsnc~r 1)I~~ I~r~}:. .; end thus ~I(i rtt;uu-e s+~~mlttai _.Eld .; ~r,~~i <?f ~1n ili~;4it`~.t.~' l~cr~r~t ~'hIS ii'1 ',~'~ll be us~ix~:=.~~ ~41i`i7 ?~~~' ~~ tt~Ii'IICIIC1i1 t~~ i~ie 17~ `v~ [1G ~~ tt i1~?usc ~ I.C ..~C?tiC~flh'! ,:l1+1 till tlf"v~. ~eI1Sfi!)Cti tittlt,'$~17e~- •~ ~ r. - - ' 1_'_~~~.C. S L ~iv_I':'ty 17i ~t~~_ hUC. 5` '1 ~r~~Tli ~ ci f' '??i.LE )UIISii.s,ll iLl<.. ~~ Ct ~:ilii('il ~,, .~~., ~ f' C L ~ ~ r iitlTli`';'i. :'i+ ~ r r' i, ;i4s~ c; c,l~' ~ t~ niC ;t li: ~ ~ _ Ithct i7 Tay ~ ~~ 51' SC}11~~i'ff'c~ t~ It i ,4-)(}'7 ~rli ~ hed _`.,,.ye ~~'. ~;1~ ,r '' ,. i ?F _ '~ Fri~C~n ~C:~~t ~ ilt I;1,.1 5 ~)t ~ SL'' S;!C~t .~ yl ? ~1a~'`c .1IiV t~l.te571'~h ~'~t .~e _~~) I ~~ itt ta~c, f~) ~ ~n ~i ~-~ ?~ ~_; 'n Y L. ''11 ~. 1~.~ Li i.l iti `e1. tj~ -.~y_ 1_i~ ~1. .~.. C;1 _ ... ~ ). ~i I+ 'r G a_s~>n [~~, ~ ~ ~~,uti~ ~~_~ '~~~~ct, a J!.~cef ~., .x;,51„ .c. ,. a~en~( ~ ~~I:~f~~ ~~,. i:~~ :. K, r ri ` +. i ~1i~: i1.S.:~R,'~11' CORPS ~F ENCINEI~:Rti t 1 ~~~'IL!~11NGTON I7tSTRl<T ~eti~m Id. 200'-22-47 County': liurl:e l`.S.G.S. Quad: (:ten .alpine N(?T'IFIt:~T10N UE' JURISDIC'T[O~(~-~L 1)F"I'~;R~ilt~t~~'10;~' Pr=~pcrt4 O~rncr -Lent: Duke ):ucrriv Carolinas, LL(' Addr~~~: :+26 South Church St. Charlotte, NC 28302 1'elephune No.- Sire and lvcation of property (waterliody, road narrte'number, toN'n, etc.) Bride~sater YoFVerhouse at the Linville Dam un 1 ~ike I~i~ues - Po~~erhouse Itu~id• ti'~~" of Glen ~Ipine. :area inspected ~t:rs the ST'ILL.I~G BaSIti {see remarks). Indicate ~~~hich of the Follo~'t~inQ :1pp1~~: Ba~;ed un p~ eiiminary inl~~rmation, there may be ~~etlands ~~n the ,.hove described property. 1V'e strongly suggest you have this property inspected to determine the exit nt of Department of the Army (DA) jurisdiction. To be ctmsidered final, a uri~dicti~utal =irterntiitatit~n nnut be verified by the Corps. _ T~h~,e are ~~ ~ tt~n;3, on the above ~iescrihed propertv,~~hiect i=~ the pen~~it req~~iretueru~ of Secti~an 404 of the C'1<an ~t'at~r Act (Cit'Aj(~3 t'SC y 1344). L~nl~~ss there is a chan_e in the law or our published regulations, this d~~i~~rmination may be re]i~d upon fur a pert; ~d not to e~.ceed five yet3rs from the ~I.ire of this notif~cau~~n. _ We sri-on~~l'y suggest you have the wetlands on your property delineated. Dire to th~• size of your property andior our present work~luad, rite Corps may not be able to accomplish this wetland ~ialineation iii a timely manner For a more timely leli ,.~a1 a+~,. y~~! n.3y wish tv ohtain a ct~iissuitar~t. Ta be a~nsidered final, any delineaul~u must be verified by the C'o~ps. _ The ~~• et'and on yotn~ pmperty have been delineated and the delineation has been verified by the Corps. We strongly sup pest yon-~ have this delir~ea~i=~n surveyed. Upon couip(~tion, this survey should be reviewed and verified by the Corps. Once verif~.~d, :his suilt~y wi'! provi~_l~ an accurate =_ic,~ichon of aii areas subi~ct to C`«~A jurisdiction on your property .~hich, provi;?Ld there is n~~ clrtn~~e in the law or o=.u~ published regulat%ons, may be relied upon fur a period not to eYCeed Five years. _ The ~~~~:[tan=?s have been ~ielinea~,~d and surveyed and are ~~=.curately depicted cm the pi~ti sib ed by the Corps !~eg~t(~n~~ry C~tf~~~ial i~.le~tufied bei=~~,~ on t:nlrss There is a charge in t}r~ law or our ptt'7lihed regul.,iions, ~I?is ~i~~trrnuuati=~r; [atay be relied ~tpt•ai for a period tot .u exceed five years from the ~l~.tt~ of this notificati=~n. Y Tfiere a='e no a at~;rs of the L.S.. to include wetlands, present rn the above described ~~ oiect area ~x?tich ai e. subject to the p~~rnut reuuirements of Section X04 of the Clean `.~`ater .Act {33 L~`SC 1344) Ltnlcss there is a ch~~n_e itt ti:e law ar c+ur pubii~hed re+~u'ation~, this ~.lett°rm~nation maybe relied upon for a period not to exceed !~tve years from the date of this notification. _ Thy property i; loca?ed in one of the 20 Coastal Count~~s subject to regulation under the Coastal Area ~1una=acment -'`,ct ("CAyaA). Y~>u sb~xrld contact the Uivisi~~n ofCoa~tal ~lan:ibment it~'t~'a~hin_€<~n,'~C~ at (252) ~-7~'t-6~~1 to det~rnaine their requiretnctus. Remarks: the area in uuestiou i5 the sti4lir~~ pasta 4oexted lust bcloFr~ fhe pctistuck at the dam pua~er4tuuse. "hhc stilling basin i5 not a iurisdictiun•fi Fcaters of the. it S Just adjacent to the stil4in<~ basin is the Cata~~~ba River ~~hich is iurisdictiunal. ,_ `~ ,r ` Corps }ZeC~itlat=,ry U1ttc~al: „`~`~~-~Lac,~-~.-~ C..~.71'..n,~ Date 07(2512007 1 f;ypiratic~n Date 0710:x/3042 4'al;e I of 2 1 Acuun Id. 2Q(l7-3?~!7 Pl:rc~ment of~<Ire~i,~rd or fill material within ti~aters of the US and or ~let[ands ~~ uh~xrt a C~~~parun~ nt of the Anne prrnut may c~an;ututc~ a r i~~lation of Sectirni 30l of the Clean ~1~~at~r act (33 [SC § 13111. If you hati e any qursuon> re~ar~lrng thr, ,i~~t~ rnrinaut>n and cn~ the Corps re<~ulatc~t'v pro~ram_ please contact Steve Chopin at ~'_8) ?7t-7980. Bads Frn~ Deternunation: ~fA. Corps Regulatory Offiicial (Initial j: ~ ~-~ ~-~ t 1=0[Z OFFlCE•: USF O'tit.Y. • A plat or sketch of the property and thr 1~ ctland data form must be attaehrd to the frlr. copy of [his fornt. • A copy of tJre °:~otification Of Admimscr am~e Appeal Options and Process And Request For Appeal' form must be transmuted with the property owner%`a~z~nt copy of this form. • If the property contains isolated wetlandsi~~~atcrs, phase indicate in "Remarks" section and attach the '"Isolated D~terminarirnr Informatinu Sheet" to the file copy ofihis form. Pa~„c 2 Elf 2 t f~e'att d, i} elf ~ ~ ~','a ~`, f: ,, _~ {~ .. ~~ ~ ! _ ~,r: c . ~.., e. ~' i'_. F'rec~de ~1 -..':n ~- Taaef~ i arr r_s LI L~ F.'.~.r•. ,,. Pic?jest 'do. i:?~.Ql~? (J'~rI(i e. t'i}"~i',~~? ~Z .i t.. ,.e ~I.t~B _.'¢4'C'it t4' ~'. :ti~'('t~ Y~. ~~"r ~q;ea. 2L~G G~~ It . ,fit 1N ~ ~'~t ~ is ~: ..i7~ tii~ .;1 ids. ~t,r v r .'a?(; ~1 if~_'.v ~Itt'(dt\ +, SS r_'~1F-V, tai #9~r'i~+9t 4i~ ~~rc a4 tlli Jl<f 4~~ t. 4'r$r4V:it1F~+;.~Px ' f ~ ~ i t);:~.ei t~ to it ~° -:l,;urtili~ 5t ~_~es c t a 1-t,:,_'al :.rJCt;.;~ ~ ~_dl~a~ ~ ~ ~~ ~~ ! re_d er '~.!Jl.r~~~nt sei< lnlt SF~:~ility itr~, ovement (L:SS E) prc }ect on - ~ ~ ~ -.:nty I~ -~ :'_~J ~',~: ~~l~n , (~ ~ia~tres 1 <~,~ 2}. ~, ~riugewate.r ~'o~~erht~usr t. ~ ~ ~ ,Y: ~ ~ 1_.,n~iFle ~;i er ii, ~ ~~ wt.l be ;„f~cted by t.'•~e pr~~}~ose't r~~S? ~ ~ te~~ S ~l:~l L ~.._ ~Ullt ~t `~ ~ yl~ F,e 1S ~ ~ji:-~tJ:i~ t~`iE tit ti~)Pil::c ~~ _ ~ °tl ~- tlJ > ! ~. po~ ~ eJ'tou~ ~-; prc;~°ct. ! ~ ~.,~- ; ~~r ~~.-~~,aed by .he semJ-hy~?raul~c fill met?!od tt~ au ,~proxtl~r~~~ elev_:~~on + ~ ~ 1.__~+ ~._ .:., level f°~!Sl.~ ~~„tw~een ti~, yc_:,s J915 _, ,~ ly_9 ..arns Lc.«iru~°~.~? tvplc_~_'l}~ more ~u~ce~~~~.~bte to lJt}u~~f.~~_ Jc~~E t.tnci:~r setsrnli: losdi t d i$ d 1_~ _ii~:-.'~, lit ii] W~:IC~i ~~; ~ tit-~I1G,; 11 ~:!1Cl S~liff _'SS O~ 3 ~.' -~ l5 r. lf'' CSI Ciit`a `~JL~ IC?-!~~1R~. T. t ~VI~' ~~:!LTi ~~C!l~ by"'tt lt~~ ~ , H i 1 L - -, Lt~ ~~ (~ ~ ~ i t~~.t~OT~iI~.'II(~ .i ~;> 1+:~:Il=1~i.'Cl .- .`i ~C' C111i.!' "~.~°t}' t itLi_''C~ lIl tklE lV~'_fl'' ~I f-.~r 1! . ' .SS I arc' pct '~ e~~,e!~.j ~;~r~~v~.Irn.~',::y 2t~~J feet J,; i~~r' rxi~.tin~T 's.iriti~e~~,~~ter \."'. ;? I13P.~, i i' t~d17~J t.,~l.ltlllly i:_ llti[~ i 11 ~ c,X ~ ~~ . !, , C _ , . ~n !~ !~ ~ ~' _ •(.~ ,i" PYi4itna 1'ir'''Tc. C~~ \~"'-tV Z ~ `.)~ti~J } fi 11]i ~ ~ Ijr !1 1<`1,~~J: 3). ~Th1S 5''e loc:iilon ~x'tIS +'11C)•!'Ft. 111 (~,1`'i, It_? I711Iltp~iZc; ~. - t { ~ .~ A` I ~.)I1f~i:I ~ i)'.4CVGI -..~ ~ ._~e tl~ '.~~, .. Si :~~~h l: ~!. ~ c-lliit~lt~V a.~.r....~ _... __ _.„..,.. ..=a::~sr+~a-,.s~.s:.ewr. ,au w.xx~::+r .u~a~.~:s~-r n ~~zsn~r~re~~_ ..._~s~nmime..~emiw+ - -- 7-~,- ....,.w.m+~.+• "' +, .i 1 ~+:..~'~ ~_.... _'la,t ' E, t,~l, 1-~f lu~S::~ I~ "il~.?77.~{5~ t ~ 9 ..e ~~~ ~ ~ r-h <,ai~, r ~.:~ ramc-; i, r a ,nua ': ~~ n I u «,.~ iu~ t; _ vrua..l is g, 1 ~ ~~_ ILc,~,r;~ ~ ~ ., ail; Jj~.'tJli fl:l;l~ ~~:1 J1 '~rl~,u t~~.~.. ~.ij D~'A cleared ~tJti~ ~~ .t~~~pr<~xim~3tely ~O t~eet ~~}~as ~~~i'I rec,+ztre ~.~:~pri~x~m; <<~It~ ~.10~ ~<~. feet vi en~~roach~ile,nt int~~ tl,~~. ~?ufler 1~~he L~ur~.c C~~t~nty i~'.~tershed ~'ruEecti0jl Ord;~r~~nce states ~a ir_Yn~mu~7, tl-iirt~~ f~,ot ~e~~~_~t_-t~~~ huft~er fnl ~~,:ve1~7J~rtlent i~.tivities ~ rer~~lireGl alone ::II ~e--enr~al w~~!_ez.~; ins'~,_ed c~:~ tt~,. ^~,st rt.~ent ~-ers~rms of C S ~_S. 1 Z~.ti)C>~' ~7 5 mirfute) sc._`.e tc~<~gra~tlic ~napy ~~r a~ .=~~terr?~ine~i by loc:~l a,n~emment ~`u~3ies.'~ I~I~~~. re~~;.iired thirty to~~t «.setat~:~e t~u!~fers will he ~I~~~ed alurla -:'il ~e~erniai eaters w~ti~in t}i~' po~ierl~~ouse proj~c, bou~~~'=._. r; wl~~~re ~1_,pli~-a~1e l'~~= cml~° e~ceptzons t t ~ I`t'I~ 'I2~'iE. .ifc.'.~~7~~ d u~" ~::.IS tt~ i7L1"C17ni~il ~ti~~,i T~~ i ~. 1 t~ t~~ 1 ._ ;dw' ~ ~; ~ics~r,be~l ~elo~~i -'~lt~;ou~h t?3ere is ar urln,~med ~er~nn~.,l 5~rc~i7~ ~nsi~ that ~s ~~r~~p~,s~d t~~ "° i~a1}~~~ict~~u It is hx.ated ~~ithm a riaintai~,E~d lz~wn area ~~ yii d~~r5 ,,;.t ~~zve a r3p.rian btif~~:r ~~i pianiled LL 3Ct~ Li, jilrl~~l~_u -731 :~~ll.1S wI~ ~rC ~-V1~L[.i_CLL ri~ ~ ~ ~ ~` ~~~1~ Y ~~ ;'~ ~ ~--r;~li_tfr` ~e~ ~, ~ h { a~, .,,.. C)~ ~~.~r ,t '~,b-~r-,,- Ll,.i.~~,r~~ f r rcz~ ( ,~~ E_~1~~,~r- the C l~ ~'> titer ~~~~ ~eCCl('~Il~ F~'-~1~ i t)1 Duke: ~~ _~~~m~n~tt~d t~ tu11 comnlianc~: of all ~~ertinent 13u:k~ (_t».~ ~ty ~~±terv`.~ ~~ anti ~;horet~~~~ ~,; ~,~ ~ ~r ~inan o. ~t~ tr~~~t ~r~i ~~,~~ res~e~ .',~Itv rep, ae« ~~~, ~.tir ,ce _r ,r~ r~,; ~~~;=~k~ C ~ :r,; fit- .err .~~ Off~~~ ~n ~ut~fer r.:~~.1_oririb requ~rerY~e~'s. ~~_ees_ ~~~ ~;?1 Ethel ;~I~ ,r~,~ g;ai~~eh~~F=~~ ~i,Clti i.~ .:UCl ~ .t'Pi aCI'Ziy 5~:,t a ~t~:?", L1 ~;_:'i~ ~~ ~l_}i.lfj. }-at ~'.,_ .~ ~C ~f .-. r. :l ft .f Z~n~ ~~~ pe ~~~ ~i_ U r v~-~ti~ ,~ ,c _, ~~t a. ,Ek~~ ~~~rec~._~~,. ~~ ~ ~n~ a7~ ~~ ,r,~~r~ t rta_ h-:ive ~ . ~,:,~, ~rrl!- ~~~ ~ : J0~ _~t, aye tired ens i;~s~~ i~ ti~_~h~n ~- ~~~.i, t~; ~~s „5 ~f ~~:e v ~_ ~eij s: pr~l r~~ M arv r~-~ap s~?. 7w,n~ t?~. imp<;.~t ~~uti~ne, Thank-~t>a f~~r your : t ~ ~~n.ti~~~ t~ ~r. s ,;~~cc~~ .~.~~d ~: ~- ~~,k ~- asp; ~ ,.ti~ '.~ it} ~~L.rk~ ( i~, nt_ n h~ ~, ~s~~ra r, ,~ ' ~t,~ 'rs Sln~CrPly .~ J~, ~n _ ~n~~_~iy ~.~ ~ ~ ~:r,L! ~,,;«ar~~ ~Tt~rf~~~jar~, ~~~;,~ ~ r-~t,~y c ~rc~ti,-~_~s ~ l c ,~: ~ 4 cG.~. ~tv. i) t '~ ~ `n,I,A 1 1 `~ ~~~~~ ~ ._~ , , , t~cosv~.~~:~r~ Fr~~._incum~'ru 1'rc~~r«m ,, \i ~u er--~ a -tr~_.~~11i_ll :itt'= ~i _,. !; <ca: xE?~~; ~~ ~~~~~ 77 ;,ai~l,~r~<<st~r~ 6~~~irr~~~l~a•~t-ti ;3t~vrlr~[)?~aent i'. Sa1:7t'a~atet' 3<•,cf~~a,t_irt"_~;~~ q~;~..~t~r1~~;R~,iy~'t~+9~~.1t'~r,~ti,~~ $'9~:is:~as f~. 6° ~.. f- 9~ i~ ` ~l Fre FY d'. ~~~~I ~[E79v;'<-E~ ~t1~'~ ._ .. _ Tac! - , _,.... .,, r. ` C ar~~lir ,,. i Lt. tL~~+ ~,ri i~ ~> >~~e play t~in~; >ta~~s ~~ ~l ~e~i~~r.~' ~;nrrg Re~gui-<<~;,~ ~ , ~ _ ~~,~,~ n>.;~ ~~ t(,~~ L.rn~ ~, ~ ' emb: '_rne~~~~ ,~~~.rn~~ ~_labilit~, ir~,~.oven~zn~ t:S~l ~ pro~c.ct ~I ~ n~ -,.'~. • -~r ~ ., ertx-:~,e is i~c ,.~~} helc,w ,~,~~ -' ,-~ ~ ~ ~ i L . d wi?~1 b~ ~`~le~_.; ~y t'~~ p~c,~~o~e~~ !~:SS! l~~uj~~rx De~~,;= T rbeii & n ~ ~ } ,;;t f:~~m L;~; c~ , ,,,crzr ~ ~ ~ := crly ~ - ie~ntat :ra~~e~ ~;i erc ~, ttinU ~~~ _ _ . ,c , ~ _ ~ ~~) ~r~, .~•~a~5 c~ ~,.ted by fhe semi i,y~'!-,~ilic tt(1 rne~!,od to .,~~ ,;,proxi~,~~~!~ t~'~;v.~!t'_°r~ (~~L} ~fi ~~ ~ ~ ,a se~~ le.~ ~ (`~.'.L> t,~twees~ ! ye~~s 1916 a ,,3 119. ',s~ :,s ~~~~ ,in~~YTed ,,c _ .h:~se { !:~,; r ~,;,~~,.•,i~Y rn -~.eG,t~~~'.°toli,, l~.f:~a.ion,.~~~l.~rszis~'~i~ Ic~.~,:~.7,_ cc~~~~~~~t~ons. "1_itane~~~~tivu .s >• ~ ~ i~h th :~ 1 st~i:,~e.s of a ~su31 ~; re,i~aeed :,~; ~ ~ 1 ~ ~' ; G,~2~~~ ~r ~tl-,r r.~,,,~~ -r~ ~ a :> ~ ,^ r. ~ ~~ a , wits ~,~~~ ~~t ~r ~'~~:n, in ~ I;,a ~~ew~.~r;r r)e;-elr~; ;lent) ~~•as i~)~~ndfied ', , ~;_ . .. n ~ ~ ~~~` , j ~ ~ti. car . ,ear,., ~,,,.z, t,:,rice ,!~~:. ,eed fcrr tl :. 'i SS' ~,r,~~~~a T'.., ~ ~ . ,~ . „ ~ ~~ ~~i' z~ • .. I ~~~rox~ ,, .~1~~ _ :~ fe~;t _ e:xr ~m_ i ., s v , _ P~r~~~~ ~~us::~ +~ . ~ ~ ~ , ~ ~.,, ,~;~~! . - •~. .~~ ~~ _ E:. exi .._ ~~uwe~ ;,sc, .,~~! ~~ gym), rep, ~ .. ~-' ~ -i~ ~~ c~~!~_,5~ ~~i~ a ` ,, c~i i ~..! , ± a , ~.-w ~~ ~ ~<..~°~l ,r ~~i 'd i~~_. ~un,~::1ioE1 ~1-ters is t',~._ F_ ~ ~~~~ii~.~~; r,-~ i'rc~~~.~t «r; ~r~~l ._ ,f; ~ , ~ ~' C" i.al( ., _.~11b71°.~S Wild ~. ~~~~.:lik!~'~}~ ~[~~!~;L ~ ~i~C1k'i~i,~l~~V _ ~-tr __.' fi:~l c~I _ ~i - ~ ~ _ ~ ~~ ~' '~ 1 - ~ d(I'hih~y E ('~~ 4t.~~ frnra~ z'~'i,'Ci ...Ii, ~tl<tS ('~,iG'(1-~(~. t~. t11 -. ._~ ~ ._:,~ "~) l~i ~5c ;; ,~;t.5 _, ~c; ,;.~c~i-~ted wi~h~ ~'~~ ~r~..~~~~ ~n C1 ~i~:~ rew ~o~.f~rh~->u~~r. °il[ <<.r ',t:lc'~ ~! ~'~~' ~;, li IUC'~ltC~ 14hn1 Ift~',CXiSi~~i~ t~~lil~-(Jf-W'a~~ ~1~'li4l~i'i~~,(c i ]'i.~`:t~r_..~ ~'~-f~. ~ T~~~ r, ~ri; i%`;)~,~ IC ~I~(~rOXlil; ~i'1.5 Cdr _t- t lid'', lit 3 I !~ r)t ~~~ lf:c't ~ ~ r ~i~y ~ r i'.. t, ~-C_Ir ~~ _'i_' .-. ~r,,~ gig' ~,r, , °r~~~~(,~~~r-~~~, 1'~,~ t, i~- ~~ ~ ~~. ,. if~~ l' ~ _ , ~. t. , ,.~f~},. ~vZu . _ _,:C<< CU~ 1i17C {~- ...._.., Eli1~'i•.'~S-~UtI~)I:.I~J~:_.:~C~~il -~tl ~~i~ ~t' rf'~::~C~ ` .i ~. . ~ } { _._ ~ ~ '1(s ~ •ip.2rl,itt<~, N( ~t ~~c i-~c "i14.377.41h~ ~ J:~a., ,r~l~i ~ ar .~sa ~;~~ ~a=,~, io f ,. ~: a :.. `~ ,rb ~ ~~~n, )'- ~r~s 1 ~ EllF_~U(t,p fSut., i.j~4;, •''~' - . .~ - DTA i _ _ tC7 c,]~ai~l til~iiil(~''~ ate ;"d C~~t`:Si~4~'ta ,iS .,~{~f)W'ed ti:iid~f ;~%~' i'ti~7€'t!, Ca`'O)t~+~! ~itVi('031r1I~IIia~ ~~~IP!_'e'(1lellf ~C+iilii?35S10r1~S ~~ti;?;+~' t ~E~~1C ~y.ij111. RI~~.;t'Iit7l ~ilti~el'S Prt~, ..iC`! t '!"' ~5:~ '"vi'.~.~ ~!fi .~~'-~3 SeCllOti ~l z. ~F~,a,, of ~'seS- .~11 temporary irt~~~aet~ ~°ill 1~,,= retained to ~i~ti~ oI-ig~r,~~l cc~r~tours .!nd re~n~'_ui~~ns. 7'h,,s will inclu,I:: re~J13II~1:1~ Of VC*~e....;~Jn ~'~ ;_ Ie~ ~?UI i~+~4 Ci .'c .. r1t~~i~CrS w ~r;be :,~CadV r,!~ ~'I"b: ~L(~!!f• F :1+It ~D~.w-.:S ~l(~~}rC~~~1`1J(e l0 f`. (~~t~51C 'r_f;~f+l,: I'ec,IClt ~` ill ~e L1S~(j. P~~~Tto r]lOn~ ~,~'I ]_ Sl_fi1O~2S W12~ ~?e ~' _t~e~i ~i,~ith•n thr re~~t,late,(b~,'Ter tf~ ~ : ~~it~~~ t,egPt;~!,n e~.! z~ iii?_n„art ..r~.t t~_iff~,r ~ , Tr;,y L' Ike rc+~ !w`5i'3 ~ ~<. ~ ~ V :~lll ,.Ili) r' 5 ~ 7 ,t~ e~~ ..,]ll tl) 'Qv;. ~t~ i53'tt)I~ Qi~-Sltr' IT!ILI~atIn:t tUr :.~1 pef'I~.. ~e~: G _~~CLS. ~`a .z l:tk' ,rtil_ii! ~ !ls( i,'le E'~~ S a...e~'a~`.,,e GI p ~`IIIf' li Ic +:ilfungef ~ t~r~~~n recel~-~n~ Sc;cU~~~~~s ~.~J4 i'ern~~t 1'I~=~~?~ the [ `i Arlriv l-erps ~?f ~i overt and COI ~`~~Ier (~i :''" ~ eCtl~hr,~~I~:rI frt'L71 [I)s " '~ ~I~"t~jr~Il (lf \i ;,~er ~fi,t ,lit I>> k:~ ~~_,eC1`~ Ff?r,:Iec~ti ~~r~F.terl df~cur~~tent.'~o-, >f '!~,~ -,,, ;n,_h !~ ~n ~' ?C5~;~4Ct ~~~rn,t~ ±h~i~c,fu~n !i You have ~,I ~>stions G~i>,,;e (eel Yree to c~nt==,r t~Ie at ~I}~-~~h x''3%,4 car A1~ Tim ~iatfinar, with Die_c ~.~ t).~-3~'' ~I~~ ~t~~~_c'CC~y .~'' -~,~s;cl.+ ° Sf .~z,tit ' ~; ach ~e<,r ~:c w~o<<t~ .~;rFle.r; ;~~~ r ~rs;~;;n. Un~.e ~e,~~ T~f r~~s.iLC \ ~.~ , ~ ~ ~, <<~it} U j .y ~~ ~~: ?- ~~ ~r ~ ~ 'r~ cf ~_. 1 1 1 NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP IN-LIEU FEE REQUEST FORM Revised 7/9/2007 Print this form, fill in requested information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-1652, fax to 919-715-2219, or email to Kelly.williams@ncmail.net. Attachments are acceptable for clarification purposes (location map is required). CONTACT INFORMATION APPLICANT'S AGENT (optional) ____ ___APPLICANT ,___ Duke Ener Carolinas, LLC 1. Business or Individual Name ;Devine Tarbell & Associates ~ gY 2. Street Address orP O Box 400 S. Tryon St. ;526 South Church Street, EC10A 3. City, State, Zlp ~ Charlotte, NC 28285 'Charlotte, NC 28202 ~~~ r-. ----- 4. Contact Person Jason Isbanioly Timothy Huffman 5. Telephone Number _ ..__ (704) 342-7364 (704) 382-5185 6. Fax Number (704) 377-4185 _ __ _ _ _..._ . _ _. _- ---- ; r ~ -- --- . _._ _ --- _ __ _ t 7 E-Mail Address (optional) Jason. isbaniolyc~devinetarbell.com ' TLHuffman@duke-energy.com ' i ~ i PROJECT INFORMATION 8. Project Name I Bridgewater Powerhouse Construction ~ ~_____..-_ ~....T ___~ _. _._.__ ! ____..~_....._._._-._.._.~-_~._ _...____._.__._~___.._-~.__._..__.__..~ 9. Project Location (nearest town, city) **ATTACH MAP SHOWING IMPACT LOCATION** .Town of Morganton, North Carolina 10. Lat-Long Coordinates (optional) i , N 3s 44' 34" w 81 soy 13~~ I _ _ ^.--_ -- __ _... _ 11. Project County __ _~_ _ _... _ a ; Burke 12. River Basin i ; catawba 13. Cataloging Unit (8-digit) (See Note ~) o3osolol 14. Riparian Wetland Impact (ac.) (e.g., 0.13) o. o13 15. Non-Riparian Wetland Impact (ac.) i ;None i 16. Coastal Marsh Impact (ac.) ,_ _._ ',. None 17. Stream Impact (ft.) (e.g. 1,234) (See Note 2) _. Warm l _ Cool ~ Cold i 230 18. Buffer Impact-Zone (sq ft.) (e g. 12,345) (See Note 3) _ ._e._.._... ___ ._.__ _.___ _..____ _ _ _ . ___ 19. Regulatory Agency Staff Contacts (Indicate names if known) Zone 1: 2, 700 !Zone 2: 1, soo USACE: Steve Chapin I pWQ; Kevin Barnett 20. Other Regulatory ID Information (e.g., USACE Action ID, if known) IMPORTANT Check (~) below if this request is a: I _ revision to a current acceptance, or 1 i _ re-submission of an expired acceptance 1 1 Signature of Applicant or Agent: s~~1 ~ 1 T Date: ~/ ~~~~7Z Note 1: For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page: http~//cfpub epa qov/surf/locate/index.cfm Note (9) above: requirement to attach location map. Note 2: For guidance on stream temperatures, go to: http~//www saw usace army miINVETLANDS/Mitigation/Documents/Stream/Appendices/Appendixl.pdf Note 3: Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake Water Supply Watershed. Direct all questions to Kelly Williams at 919-716-1921 or kelly.williams@ncmail.net 1 ~, _ ~ .. C)«~tYC i erbc~Et ~. ~caasct Ctrs, (iu_ 'ill' Si~~4' {:``. e(''Ii. ~~1 Pa{lt~,Cl .L`• c,Itu~' h~~,;r~~ ~~~iti ~t.E~~i.~~t ~.:'ata«!>ki-~~ ate~•ee Ilydruelectr•ic I~'~•u,ject (hh:Ftt~ ~~t~.2?3_'j lir-icl~~;~~~~ n~tc°~~ i't~;~~erht~rxs~ C~ta~~#ru~~ti«n I'r-t~.jeit (°Ita~i ~~ Ater .pct .ficctitt-~ ~Si)~d ~.~tia~ti~t idt~ Pe--rnit ~l}}~licttii~>~~ ~r~tit~nti~ ide I~t~t-r~uts 33 ~i~~d ~~i> n .- 1 } .h:' (:1;~'I'~~. L . 4:':_~~, ~.r ~. (~LIE`,~) 1S 1~1 i~lc' h!~BCOT1SC111C[1C #; plriit~l(T'` ~'1~.1;.~; C'I t i~ S3C1 ~ew:.tlel l'c ~ ct~l~. t~,:° C z rt ,> >~~, y~rC~jset (tic; proj~:c~) inl~~tc;tliately ~~~Ij~t~eni to r1~~~: Linville; D-uu, Tl~c; r1t~~~1~~~~~~~,E~u i• ~ .t;•<<t! _~~?,i operated by Duh~ tt~~d is loc<ued €~pproxim~E~ely IO mi1.,5 ti~,~est of tit =~~4~=:~_<<. `~~ i~~ C<<~~~,~1t;~.~, fn 33uri:e ani~ ~IcDo~:~E1_I coun~i~s. Dime is pr~f~~osing to cc~t~str~~:~a a ttt,~ ~~t.~li~~i~ ~ ~ ~~~ ~~~ L_ii~~~i11c~ Dam. Ttus f~tcili~y is licensed a~7d re~ula~~d by th4 F~e~~~:ral ~:Iiti'L`t ~~__'.i~..~~~it ~t"~i.;tlih~lOt1 (I"IrR~~ t3t11~ tht: 1~1`C~(~O~c'.Cl III1~~COVE't11~'IIiS kll'C the' Tt9SUI2 $ i~:t[i~~tlt~ ~~~ ~t~-~~r ,~~ ~~n_~t~;.~~ ~h~. s~rfe~y ofci~t~t7s any structures for po~entially~ c~itastropf~ic eveni_s. (>~ ~,.- ~~.~ ,,,,ir ~ Iv~i ~ ~,Ei [>~tin~ I ~rbell t~ Associ~~~;,s, h7~; (C)~1 A) to eor~t"~t t1~c, re~ul:~zory F~~td ~'i ~.lf:)1?II~.E?~~i~ ~~, ;~~ ~„~~~?aic~~ WiT~! tIIES ~71'OIc;Ct. fait .~%lI'F~ ~`?, ~~'Ot+ ~.) ~:~ ~~ k [7iltitj Cti~IlCiUCtei~ a tC}CCli1l CICIiT1C;.~it~Oki OI ~~"dtCCS Of l~le h;~ 41(i+,~ a Cc~i'c9, ~ht~~~tt~.~r~t>,E, :tit! ;~r~~~~t~~~=~~r~:~f ~i~l~) 5laecic's survey. 7~_u~isdictiE~n~ll wetlancl5 t~n~ waiters of ti7e C~S t~~.,_~ >urtit~ti::til and t,~~l~~~;:~i ~~~In~ the rOlltlne n~7ztl~plit~it-'~Y ~+~ItIInU~. ti~lihin tI7C 1~~7 I_~S Arn1y ~'~,r~,~ ~3i F.rt$irzc°txr~ [)t~I~~t7e,~u~~~~ ~9~tnuaL The ~'~Ic~itli C~t,~olir~a N~ttur~t? II~:~riz~~~rc: P~~o~JrEi~t~ Eler>>c~n( C)~~~tti~r~°n~~~ ~l~r~,~h~:~~~ ~~-1~1 the tJnit~~ States Fi:~h ar3d ~~'ildlai~e Sel•vice [~'hE Spe~cEe~ dti~tah~twc; were ctu~~uittt.l ~c~~r iF7t~~,rr~~ati~,r~ ~~~~~! it~c<<tir~r~7~; of known ETC ,~~ecies ~~'ithin I~urke ~'ot~~~iy. During tl~e I~i~~l~[ ir~~~~ti,=<tFi,~u, ai! ~r~~~~4rt elements an~i their preferred hahit~ztw occi«~rin~ w~~hitit tl~e county .~~.~,-~ eL,I~c~'l~ ~~ G;-,~- G~,y ,-r~~~~-t~nce~l {>erst~rtn~l. ..~.. E~; 7tt4,371,~l8? ~qU ti,'I`r}-~7n Street, Strife 2~t01, Chart+~ttc:, N(;?K285 ~: 74l~t.377.4185 t ~ ~. C ar -, ~ ~acru ,.euc~,, ~ f ~urua Y~xh I'enn.~~1~anv~ ~~.~.i~~v~n .1.~rbcll.,on't ,. ~~~cuu t;~ ~,n~I~,,r,. ~~ .~r~1t1~:rtUn iir~isc.kiah~s ~ t ~, • ; ~ _ ~ ,~ _ 3h0 6'1 115('i 3g8319.19~, October ~'t,. ~~ ~i F- l't;~t• ~ 1 1[ive4~it_at~~rs ids°niifi~~d ,End m:~ ~,ed t~~~o ~urisdictii~n:~l ~~~~atcrs of the L'S and one ~~~etland ~~~ithin ll J thy: ~u-~~ri of proj~:ct iErii~~r«t. t'mposed periru~nent iili),acts to _juri~diction~il «•aters i~~~h~~iin~~ iti'etlands int:ludc~ the follou•ina' ^ Inst~211~ition of a culvert an~j till :~l~~n~~ 50 feet of 4~r1 unn~iri~~:~f perennial tribut~lry (Stre~~m #1) of ih~- C.kra~~~B,.i River and a sn,~Ell se~~r>>~~nt of a5soci:.~~~c~ wetlands (less t1~an f1.01 .~crej; ^ Exc<<v~,f i~~n of ah~roximt~tely 1 SO feet of the Catawba River bunk to connect the tailrace of the new i,~»~ er(3~~ntse with tl~~e river: ^ I-la,ld-cieari~,~ of aE~pro~imately ~,SIU sgtaare feet of C~ttati~b;i R.ive~r Buffer; ~~nd ^ Fill of ,~~7i~ro~tim~~t~~ly 030 ~~cre of isoltl!~d open water of t17~ stage. Proi,osed te!7jt,-~;•~:ry irn;~.#{,ts ;~,,~11!de tt~~: ic~ilowin ~: ,e rill of 1~0 feet of ~~ream #1 ,ind its ~rssocitEt;~d wetland (~~i~i~roxirtr.~tely 0.02 acre}; ~ Inst.~'1~:;.ic>>~ of a coffer d.~~n or sir~~ilar Twice to divert flow from Stream #1 in order to maintain dt~w~i~~re.~m flog-ti~s: ~ T2i~~~~cr;~-•y I.,ir~~{-cle~~ri:;~ of ,~I~i_}t-c~~ ;in~trtel~ S,ta00 sciuare feet of C.ttiaw°B~~ Fiver t~uffer; a~7~i ~ Trstalit~!ir:? cif a coi~ler dam withi,~ tl~e, C.~;~~~.~~Ba kiti°er arc~~_tnt? the ~rc~j,osd tailrace ~~~ork ~r2a t~t,~,~roxi~ns~(e?y 270 li~~c.ir feet). L~ue to tint ~~~~~ _e o1 t~, ~ ~~~oi~ct, tc~~al avc ~~ ~~Eice of imE,,ets to jug isdietion~is ~~_ue~rs of thy; L`S and. Sti1tL-' il~~l ~_i!I1" '~.~ethttnlb t~'C+~tlij Je prOhiB!ti~C. IIOW'LVer, tl"U'Oli~'~1 ;li7 eXte!1S1Ve Sltin~ ~rOCeSS, prc~rr~osed 1?Eii': <<<L'1~~ iP>~~~:i+'tS ha~c Beef; rrii3lnslZed acid plC~r~c»~d teii?I1C~i~i1?"y 1TT]~~iCts ii~iVB beE'll t1c51~?7"L`~l t0 ~l+Je a ll~!Citm ~ ~tdYerSe F'1ZCt Cpl z~lU~iiLC lift #:'d ~~ <~1'G~Op(C fuIlctionS. Best mt~nage!f~~~kt t ~ Maces (I',~11'S) ~~~ill t;~ uiilize,i ~~~i~t.? the bt~'!~~!~s u,e:~i~ diri~ 1-~<~nd elearin~; of trees, no ~_ .~~' ~_ of ~:t.e rota Ir~it, ..l;rj i~~;t~~tl~~,it~~t of silt feel~in~. X11 tempor~iry fill will be removed tai-,or E uj~:ct ecvnpiutic~n and tt.~° si~~ ;gill B~- returned to crrt~ic~~~? ~z-ad~ L:rosio~l ~,nd Sc'dllTl+~itE CC~iI(1'C~~ .ll._~~l~iif~CS =~a.~ ~i}c:'et C~t~ e~Ceed '.;pct n10St CUi~1~G?( Ve~rS1C'1i Of the !vOY'li CLIYO~tttCl ~YlJS10=~ rtn,I ~c'etiitlc~r`~ Cv!rtrc~i PlFrt~l!irig utrdL)Gsi,~~t~ _ll~u,ucrd •t~.ill Be it~~~t~tlled ~+i1d Inaintainad for the life of ~ I.e. r~rouct Because the }~roj~=~~t is lo~~~r~~i in ~~ Itiortt~ C~u•olina ti~'il~ilif~e i~zso~~rces Conuriissioil (.~~'RC} dcsign.~tcd tr~;t~_t~ cc-linty a coi,~ of ~~fl j{.tint ~-l~'-k/~~1ti~~pli~:<~ti~>t~ ~.i~3cum~.nts have begin sent c~~ncu~:~~n(~y to ~I~•. Rcsti Linvilir. of t1?e ~~~RC F,,t. conln~entsand~~E7~roval for ~=.~or~ ~~•ithin a Iv`cx~!h C~ rolin~~ trct,tt co~a-tty_ "hl~c !forth Carolina Stale Ili~toric E'rewerv~ition Office, (SI-1POj l~las beta co~~t~i~ie~t ~e~_>:~r~i~n~ ~E~i 17~~j~~ct un~i h<ts ret~a~srrd a fc~rr~1<3i ~krcl~a~.ol~.~i~ttl survey of thz z~rezt for l~ititortc. ~esi~ur~:.es. .Al~h;~t<<r,h D~~i;e t~a~ ec~ntract~~3 with ~~n ex4~~r~znced <<rch~teologist to idetltify a~.d e~,a?u~rte the. si~nilicance oI•~rrchaeolo~~ical resiittins that Ira~ty be dammed or ~~hstroycd b}~ t.i1e hrs.>~o~ed j~aojt:cC, the survey hay not been coy=~~(ete.d ui the time. of ibis writing. ut_tl~e ~~:ill ft~rr~4.~h the cc~rnf~I~t~~d survey to ti;~:~Ili'O f~.}r atnim~:~~is ~rn~l to your ol?~ice to .~~hend to the final pc.rrriit til<t~•ttt?tr•nt. fat that ti~ih Uttke ~~•~~ill rCC(ue4t. thGtt the. SFtPC7 wt.rpply their comn,ent~ to ti ~tu office ci tcct~} to i~ttt;t~ tt~ timely le,vicw of tbt ~crmir aF?pi~~<ition. Due to tif7~c cctn5t4~r;t~~t ~t~,ct>~ittte~l ttt;h the ~c~n.tt revieu•~ b4i~~k>~= cureently F>e~t.~r experic~~ced By the G~'illniz.~~t~~s~ C>t~tri~t, 1~riF.o r`~n~°etft=7ly i~;dt~~->t~ th~t~ the reviet~l ol- !t,i, j~~int ~lt'}-i./-~t)1 he.rmit 1 1 1 1 1 1 1 1 1 1 1 \tr S~<<,~ Chopin C~ctc~hcr ~(~, '(1(~7 Ya~~~• 3 applicati~~~i hc;.'in upoT~ receipt of thy: aphiicati~7n pueku~r: ar7d that ~ulthor'sz,lt_i~in for impart: Eye ~rulred p~ndina cot~u~tents and approval from thy. SlIP~7. Enek~~ed pl~,ise fiE~d tti~'o copies of all jt~irlt =10-1/~Q1 hermit ,~pplica(ion documents. Seven ec~pi~s of the per~uit packa~~e have been suppliad to the North Carolina Division of ~'a~er Qualit~~ for review and approval under the Chan ~~'ater Aet Section X01 ami c+~~~: copy has been supplied to the North Caroli~~a 1Vildlife Resources Commission for comme~lts regarding ti~~ork in a designated Ir~~~it caunly. Should you have any questions or comments, please feel free to cont~~ct nee at ~7~-l~? 3~2-736 or Mr Tim Huffman with Duke at (70-x) 332-5135. S i ~~cerely. DEVINE 1 ARBEtI_ ~ti ASSC}CIATES, INC .Tr~son hb~u~~ic~ly ,associate Sci~;ntist Jl!cef~ i~;nelosures Cl. 1' ~{lilflit~tt~i. ~U!~.e ~~ ~~~Gai~ity, ~~ ~ :~ S. Flctt~her, D~f~~ file 1 October 26, 2007 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 Clean Water Act Section 401 Water Quality Certification General Certifications 3634 and 3631; IWGP 100000 P~incipsils: Jahn ~. ~~~n~„ P,~.. Pr~`id~nt jn tr. 'F'~rbelE, P,~. ~~rr,a~ M. I,~~++~h t err ~'. Luttr~Il,P.)J. ' 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 assaciated 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 (:harlotte, North Carolina Sacramento, California Yolk, Pennsylvania 207.775.4495 704.377.4182 916.564.4214 717.741.9850 www. T)evine' l'arbel 1. com Syracuse, New York Seattle:, ~~/ashing~ton Bellingham, Washington Boise, Idaho 315.451.2325 425.391.0523 360.671.1150 208.319.1977 llevine Tarb~ll & As~oeiates, tae. (amsulGn{~n~iitc~`x^r~misro, &1Lcwl~mry~S~eciaEist Ms. Karoly ' October 26, 2007 Page 2 Tp~ ' Investigators identified and mapped two jurisdictional waters of the US and one wetland within the area of project impact. Proposed permanent impacts to ~unsdictional waters including ' wetlands include the following: ^ Installation of a culvert and till 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 270 linear 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. 1 1 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. . r~~~ ~~ Jason Isbanioly Assaciate Scientist JUcef Enclosures cc w/o encl: T. Huffman, Duke W. McGarity, DTA S. Fletcher, DTA File 1 1 1 [)r~u~e l xrhrll & Aa~~,ciatc,, tip. (h'i~~i7~~r '(i, ~! II1~ :fir IZ,~tI P_in~,ill~ ~~l~,t~:rll Pi~~~_in~~~ni R4~i~;u Coordinzltor 2~~5 (zfl~l~il~l )l;~.i~t K~rn.~rs~ill~^..~(~ ~7~~,..~_~~_~Sit S~~f•i~~~~z. ('<~t~i~~ha-1~ aterrr H~~d~•~-elertric Yr~~ject {h~1~:11C l~u. ~„ ~2) i3ritl!~tiuater• Yu~~erhou.5e C~-nstructicm Yroje~! 1~,3r1. 1t i#hitl ~l Nurtll C<~s~n~ilt~~ `I'l-~xlt ('r~ur~i I>~ ,~~ fir i i,l . ~.li~. f1i~~. ~.t' z '~ ~' ~~hjlu t'-_ i ~ t_ (~)LI~_~} IS Ill Ilic precon~.l-~t,;tl~:~n Fi;fltf~ing i'~1-tSe Cl ;ILL h~'ldgewater I'~,~~.~~~1„k~~~,~ i'i ,,,u-u~!ix~~~ l~ro~~;ct (the project) irruu~dlately adjacen~ to z17~° Linville Dam. ~h~ ;, ~ •?~,~-~,;,:~,~; is ~~ , ;•~! ui~.l o~~ra(~d by D~,~l~.e ttrld is ioc,~tad ~a;~,~~o~;.ix~~,:;~'y 1Q m~i~a ~~~est of \~ ~~,til[ ~n, ~: r~i1 l_ ~ ~~I~:., IIl ~U1~~C .Ul~j (~TC~~.~',ti~i~ COt~{i't1eS. f.)uhZ ~11Cf~V IS ~ri~C~~~OSITI~ t0 .~~ n~ir~~Ct .~ n~~~~ ~~~:~~~+c.l~~,ti~~ .~~ the Linville Dam. Phis f<<cility is licen4~~1 ~~nd regul~~zed by the f~~~~1~~~ai ~:i~;~~r~~ R,:_~~i +~~>>y t,onunission (>-I~RC) -_u~d the proposed in~~~~rovenl~nts ~u~e the result a n.~l~~ ~'~:> > (~ ~,~I~1~ ~ t t,~ i ~ ~~ ~~.~.~ til~ safety of v,~ms aitd structures for pc><<:nti: ily c~~~:ntro~~hie events. ~ )U~nc h~t~ C't`iiil~«i~~t 'i~ it? ~?Lb`111C 1 ;.,I'Jell t~: t~S~~lC1.il~S, jilt ~~)~l/~) CO COf1~~k~Ct Lip' regUlatOIV atld ,~~~~, 11=~nI;iC'li°;t~ ._~ x,11. :~~.~1''~'I;It~.':~ \~~l[~i this proj~'ct. (1I; I~!1~ rl) ,'(I(1 `, ~_l~ :~ til~ii'nl1~tS CC~I1t~1.1CLLi1 tl rol'1Ti:11 dCl!llc'ztt!Oti Ot ~~~~ilL?"S Ot l)lc' ~ `J tlndrl r~ll'e, thr~~at~nc•u,~,uul c'i7~l,in~~~r~~.l (R ff;) s~~~cic•~ survey. lurisdi~fii~~nal ~~etl~.u~~l~~ and ~i~~i«rs of lh~ US ~.~~~rc ~t,~~~c°~~~1 ,,n~i ~n~t~~E~c~l wing [hu ro~~tinu nlttho~lology ot~tli~~c~ ti~~iTl~irl t.lle 1'-1~7 L`S Army C~~~r{~~ ~ }~_ E.n;~~in~°<°rs 1)~~hn~°.~~ivri ~~t~~nual. 'l~h~ North Ciu~olina N<<iural I (erita~e -_'rogram Eleul~nt (~)<curr~ilc~ ~i,~tuh~„~ :ul~i ~}ic C1r~ited Stages Fish and ~~'ildlife Service fZ'TE Sp~ci~•s ~.i;.,abase ~~~ere {~,„ult~~l I~~r inl~~~r~7~.itit~i~~ ,in~i ls~~;ain~n~~ of ~.n~~a~ti+~n fZ'TE ~},cci~s within F~t~l'ke County. L3urin~, the i~i,•l~i ~n~:_ ti<<~.,i~t~n ~~ll l~n~,.,n ~~l~~rll~nts anal their nret~c:~rred habitats occurring within thy; county :~~r~ ,uh;~v~~i f~~rl~~~~~~cri~ncedpersonn~i_. 1": ?04.3"7.-118? 400 S. ~I'r~~c7n Street, Suite X401, Charl«tte, NC 2828.E F: 704.377.4185 p . _. ~ ~ - ~.,r, ~!~,, ~ ~. :u ~~in t ,r;iia 1'nrk_ Pen ~ ~~,~lv ~.~~ia ', ,-, - _-- i i 91G.5t,?.?31a -1„41 9H~0 `. Y [.m li.ri~~, ~~~ rin~um lic»~c. !~!alu; '~1._ '. a~ i ,~- ~ ~ 3l>U.U'1 i1~0 208.119.19'- htr R~u1! irt~iElc.~ P~c~Tt'_ 7 investi~~.~t~~l~s i~,cntificil a«d il7~~i~~c~i t«o ju~•isdictianal w~i(crs of the LAS a~ld c~~~e ~~~etlan~i ti~ithir~ the are~r c~i l~r~j~ct inihact. Pmhosed perm~~~ner~t impacts to jutisdictitm<<1 ~~~aters including u~~etland~ in~lt~~l~ thy: i~c~lla~~~ing: ^ Installati~~n of a culvert and fill along ?0 feet of an unnamed pt.rennial tributary {Stream ri 1) ~-~f thy- Ca(a4~ha River and a small segment of assc~ci~E~ed ~cttl~ind, {les, then O.OI t~cre); ^ Exca~ atit~n of ~~{~pl'oximately 1.80 feet of the C~itawb<< River banl. to connect the tailrace of the new ~~oti~ ertiotise with the river; s Hand-clearing of approxim~Erely 4,500 square feet of Cata~~~ba River buffer; and ~ Fiil of -'t ~,roxin;;itely 0.~~0 acre of isolated ol7en water of the st~~tz. Proposed tempc~F~.4rv impacts inchic(e the follawin~~ ^ F~~l cf 170 feet of Stret~n~~ #1 and its associated we~lan.i (t~hl.roxim~,~ely 0.02 acre); ~ In.t ~;I;l~it~n of a coffer dam ar similar device to +,'ivert flow from Strewn #l m order to n~aint.4~n rlo~~~nstre.~~n flaws: ~ Ter~~i~or:~:~y~ i~?nd-cl~~~~ri~lg of .~,~~raxir~laiely 5,000 square feet of C<<iat~~~b~: River bul~Fer; and ~ Install~ltian of a coffer dam ~i~ithin the ratawba River tiro?end th.~ proposed tailrace wc~!l, ~r~ea (t~,~h~•oximately 270 ling--~~~~ feet). Lae to ~~~ ~at~t~zre of the project, tonal avoid~~nce of inlp~,cts to jt=~-is~.i~ctic~.tai w.,~ers of th~~ L~S and state is_cludin~~ ~~~etlands would be prohibitive. However, throu~lt an exte~~sive siting process, proposed p~~j.~r~,1~~~t; tn;17~~~,t5 1~ave beet ~r~u~timized a3~~.3 proposed terr;E,ar~~;y in;p~tcts have been esigt~ed to ha~~e a minimal :.dver~a e.~i~ect on cE~luatic life ~~t1d '~ydrologic functicros. Bast mana~t~tt~~~ut Ifr;~4~ices (B~iPsj ~~~ill be u~ilized within the buffers itlclu~ling; h~~nd cle~~~Yng of trees, n ~ an~hh ~,~_ of tl~~~ root m~~ ~~nd i,~stt~llatien of silt fenci.~g. A!1 ~~mpors~ey fill Till be r~move~' ~r1,~,r~ t~ic~;t~ct camE~letion aid the sate will +~e returned to original gra~fe. Erosion and sedin~~:r~t coixtrc~l n-t~<~st~res th,fl mc~ct c~~~ exceed th~~ most current version of the Nor!1~ C~af°olilr~ E~-vsior, u;r<t S l~~=rr~~t Ca~rxrol Pltrur7it?g at?~~ D~~s~ign 1~~~7r2rrC~l ~~~ill be installed ~md maint~uned lot the lire ol~ ~h~W t ryj~ct. The ~'ata~+~bG, E~i~~er i5 classified a5 a ~'~'S V, F3 :~~~ters from ti:e North 1-~c~f~k Ctitawba Diver to the Br,'~t~~ ,ter FI ~Ewi11~) D~~m This is thy. section of tl-ic~ river proposed to be irnh~.~cted by project <~ctivtti~s. Tlfa riper reach be~innit~~~ 0.6 t~,ile dawnstre<~~n of the, ~I~~zn is elassifiad a.s trout w~~tzrs. [~t~ke ~< <s~~~rre that tE~is section of river s~tpho?~ts a North Car~~lina ~~'ildlife ReSOt~rces Co17~r?if~,~lt~rri ~t ~~~i:t~ trC)lIt tli~~il'Tl ~dT~iiCi' t~!T~~~Llcilllle • ~~lthll] ?~il~ re~iC~! £ire T)ktlle; patistbld by call u atUr r~~l~;~~~~~ frc~~~~t L~11~~ J~~3u~s th~-augh t1~e. [~r•ic4~ewitter Po~~~c rt~~,tre. tiV~~ter rel~aed T~•am the nUw pa~tefhfs~~se. 1~~ill be tl~~~ s~~m~ t~t7iper<<ttiu~e ~~~ th~~~e c~~i~ently observed withi_n_ the trout ~:~aters ~~nd ,h<sttld cantini~e to ~ttpport the fi<hery. Additionally, rain€mum flaws will be ma~n;<~!r'~~c1 ~.~; a~:~~~rrdance t-~ith :,tipul~~ticu~s <<~rreer~ to to the f~izal Cata~h~~a-~'Utel~%4; Relicensmg ' Agreement ante tt~e n4~:~ pawerh~3u>~: is ~ Aline 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 intr. Rc~n Linvcli~ Octohc~r ?(i, ''t)07 Iii order to s~~tisfti ot~li<Yaiions under the Clean Water Act Section -~Et-~1-101, ~~~l.e is ahplyin~ f~~r authorization to conduct wc~rh l~~ithin jrn7tidictio~~a1 waters c~C ttre US and ~tata from the- x,15 Ar~'~y Carps of Engineers (,Corps} and North Carolina Division of ti~'ater Quality Duke seeks comments an~i ahl~rovaI to the Cores ti~ont your office to conduct ~~ork within a North Carotini, designated trout county to satisfy regional conditions of the nation~ti~ide permits. Should }you have any questions or comments, ~le.a~e feel free to contact m~: ut (7C~~j 3~2-?3h-1 ter ~1r. 'Tim Huffman with L~uk.e <~t (70~) 382-5185. Sincerely, DI<VINt~ TARI~F:1.1. ~~ ASSN>C~A'~ IS, IBC r f 7a~on >sbanioty Associate Scientist JT/cef ~lclosures. cc ~1'- H~lffm~~n, T7uh:e ti~~ '~1cGa-ity, I)'1A S. Flexcher, D I A (~ile Duke Energy Carolinas, LLC Bridgewater Powerhouse Project ' Project Narrative APPENDIX D STATEMENTS OF COMPLIANCE 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Proiect Narrative Statement of Compliance With Nationwide Permit Conditions (NWPs 33 & 39) (1) Navi ag tion No navigable waters of the US are located within or near the Project boundary. No impacts to navigable waters are anticipated from this Project. (2) Aquatic Life Movements All culverts and pipe around systems will be installed to maintain low flow conditions. All temporary impacts will be removed and the area restored to pre- Project conditions (as close as practical) before Project completion. (3) dawning Areas Although located near stocked trout waters, no significant spawning areas occur in or near the Project boundary. The North Carolina Wildlife Resources Commission will be consulted regarding any work within Burke County and their comments incorporated into the fina1404 permit. (4) Mi ragr tOry Bird Breeding_Areas There are no significant breeding areas within or near the Project boundary. No impacts to significant breeding areas are anticipated from this Project. (5) Shellfish Beds No shellfish beds are located within or near the Project boundary. No impacts to shellfish beds are anticipated from this Project. (6) Suitable Material Only suitable fill material will be used in conjunction with this Project. No live or uncured concrete and only washed rip-rap and rubble will be used for fill material. All materials will be free of pollutants in toxic amounts. (7) Water Supply Intakes There are no public water supply intakes within or near the Project boundary. (8) Adverse Effects From Impoundments No permanent impoundments will be created during this Project. During construction downstream flow will be maintained. (9) Management of Water Flows 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Proiect Narrative The pre-construction course, condition, capacity, and location of open waters will be maintained for the Project to the greatest extent practical. All stormwater BMPs and erosion control measures will be designed to withstand expected high flows. (10) Fills Within 100-Year Floodplains This Project will comply with applicable FEMA-approved state or local floodplain management requirements. (11) Equipment Heavy equipment working in wetlands will be placed on mats, or otherwise permitted under Nationwide Permits 33 and 39 to work within wetlands. (12) Soil Erosion and Sediment Controls All appropriate soil erosion and sediment controls will be installed prior to Project commencement and maintained through-out the life of the Project. An erosion and sediment control plan will be submitted to the Federal Energy Regulatory Commission and the North Carolina Division of Water Quality. Any work below the ordinary high water mark will be permanently stabilized at the earliest practicable date. (13) Removal of Temporary Fills Temporary fills will be removed in their entirety and disposed of in an approved upland site. The affected areas will be revegetated and returned to their pre- construction condition, as appropriate. (14) Proper Maintenance The powerhouse and tailrace will be maintained as appropriate to their continued use and function. The permanent culvert will be maintained so as to not block or impede downstream flow. (15) Wild and Scenic Rivers No wild or scenic rivers occur within or near the Project boundary. (16) Tribal Rights This Project will not impact or impair reserved tribal rights. (17) Endangered Species Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative (a) No impacts to any threatened or endangered species or a species proposed for ' such a designation, as identified under the Federal Endangered Species Act (ESA) are anticipated from this Project. ' (b) Duke Energy Carolinas, LLC is anon-government, private entity. (c) As noted in the Project narrative there are populations of the federally ' protected dwarf-flowered heartleaf (Hexastylis naniflora) near the Project boundary. These populations are outside of the area of Project impact. The population located south of the Project area was formally delineated and, Section? consultation was entered into, during the Paddy Creek ESSI Project. A non- 1 1 disturbance 100 feet buffer exists around this population. No impacts to this population are anticipated from this Project. Another population exists to the northeast of the Project across the Catawba River. Although no formal consultation has been entered into for this population it has been surveyed and delineated by professional with experience with this species. No H. naniflora individuals or populations were found to be within the area of Project impact. No impacts to this population are anticipated from this Project. (d) NA (e) Duke understands that authorization of activities by the NWPs does not authorize the "take" as defined under the ESA. (18) Historic Pro ep rties (a) A National Register of Historic Places (NRHP) Assessment was conducted as part of the Catawba-Wateree relicensing process on the Bridgewater Development in late 2004 by TRC of Atlanta, Georgia. The assessment, which has been reviewed by the North Carolina State Historic Preservation Office (SHPO), determined that although the development is not unique as the first or the oldest surviving example of its type, the development retains distinctive characteristics of its historic type and method of construction. The assessment recommended that the development be included in the NRHP under criteria A and C. During the relicensing process a Historic Properties Management Plan (HPMP) was developed to provide management strategies for historic properties located 1 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative within the area of Project effect. Because of the aforementioned potential for catastrophic damages associated with dam failure, the powerhouse is slated for demolition after the new powerhouse is online to make way for the Linville Dam embankment seismic stability berm project. Options contained within the HPMP to mitigate for the demolition of the Bridgewater Powerhouse are listed below. 1. Photo-documentation of the powerhouse. 2. Development of interpretative signage. 3. Development of interpretative written materials. (b) Duke Energy Carolinas, LLC is anon-government, private entity. (c) The SHPO has been contacted about the proposed impacts to the powerhouse and their comments have been included in this PCN (Appendix C). (19) Designated Critical Resource Waters The portion of the Catawba River proposed to be impacted is designated as Water Supply V-B. Neither it nor stream 1 located onsite are listed as Critical Resource Waters. (20) Miti ag tion (a) The activity has been designed and will be constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the Project site. (b) Less than 1/10 of an acre of wetlands and greater than 150 feet of streams are proposed to be impacted. Duke respectfully requests that payment into the North Carolina Ecosystem Enhancement Program (EEP) in-lieu fund be accepted for compensatory mitigation rather than onsite mitigation. (c) As stated proposed wetland impacts are estimated to be 0.013 acres. (d) Because this Project is in a North Carolina Wildlife Resources Commission designated trout county, a PCN is required for all impacts to jurisdictional waters. (e) Compensatory mitigation will not be used to increase the amount of impacts to jurisdictional waters authorized by NWP 39. (f) Impacts to the Catawba River buffer will require a mitigation and monitoring plan developed in conjunction with the Burke County Planning Department. Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative (g) Duke proposes the use of in-lieu fee arrangements to the EEP for any required compensatory mitigation. (h) The installation of a culvert along approximately 50 feet of stream may cause permanent adverse effects. Any mitigation for these impacts should reflect the present quality of the stream as a moderately to very incised stream with impaired hydrologic and biotic functionality. (21) Water Quality Duke is submitting all PCN materials to the DWQ concurrently with this submittal for review and approval under Section401 of the CWA. (22) Coastal Zone Mana eg ment This Project is not located in one of the North Carolina CAMA counties. (23) Regional and Case-by-Case Conditions All Project activity will comply with regional and specific conditions set forth by the Division Engineer and the DWQ set within the terms and conditions of the 401 Water Quality Certification. (24) Use of Multiple Nationwide Permits The use of multiple NWPs, in this case 33 & 39, will not be used to increase the amount of permanent impacts authorized by the NWP with the highest specified acreage limit. (25) Transfer of Nationwide Permit Verifications If a transfer of properly occurs, the permittee will transfer the authorized NWPs by submitting a letter to Asheville USACE office. (26) Compliance Certification Upon completion of the work described within this PCN Project narrative, the applicant will submit a signed certificate of completion regarding the completed work and any required mitigation. (27) Pre-construction Notification Project construction is tentatively set to begin in March of 2008. All USACE materials required within the PCN will be sent to the Asheville USACE office on or around August 30, 2007. Concurrently, all PCN materials will be sent to the 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative DWQ for review and approval under Section401 of the CWA, and to the WRC for approval of work conducted within a trout county. (28) Single and Complete Project The Project described within this PCN Project narrative constitutes a single and complete Project. No other Project or other Project activities will be authorized under the NWPs currently being applied for. Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Proiect Narrative Statement of Compliance with Regional Conditions for Nationwide Permits Issued in the Wilmington District 1.0 Excluded Waters 1.1 Anadromous Fish Spawning Areas No anadromous fish spawning areas are located within or near the Project boundary or within the area of Project impact. ' 1.2 Trout Waters Burke County is identified as a North Carolina WRC trout county. A ' copy of all PCN materials have been sent to the WRC for guidance and recommendations to be sent to the USACE and included in the 404 permit terms and conditions. 1.3 Stur eg_on S~awning_Areas There are no sturgeon spawning areas located within or near the Project or within the area of Project impact. 2.0 Waters Requiring Additional Notification 2.1 Western NC Counties that Drain to Designated Critical Habitat Burke County is not listed as a western NC county that drains to a designated critical habitat. 2.2 ~ecial Designation Waters This section of the Catawba River is designated as a Water Supply V-B by the North Carolina Environmental Management Commission, and as such does not require additional notification. 2.3 Coastal Area Management Act (CAMA) Areas of Environmental Concern Burke County is not listed as a CAMA county and is not covered under the act. 2.4 Barrier Islands Burke County is not located on barrier island. 2.5 Mountain or Piedmont Bogs There are no mountain or piedmont bogs located onsite. 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative 2.6 Animal Waste Facilities The applicant is not proposing to construct an animal waste facility. 2.7 Trout Waters The applicant shall comply with NWP General Condition 27. This shall include notification and submittal of copies of all PCN materials to the Western Piedmont Regional Office of the WRC. 3.0 USACE Regional Conditions for All Nationwide Permits 3.1 Limitation of Loss of Perennial Stream Bed Total unavoidable impacts to perennial streams from activities associated with this Project are estimated to not exceed 210 linear feet. In no case shall any NWPs be used to authorize permanent impacts exceeding 300 feet. 3.2 Mitigation for Loss of Stream Bed Exceeding 150 Feet If unavoidable impacts are estimated to exceed 150 linear feet the applicant shall submit a plan to provide compensatory mitigation. The applicant shall submit a mitigation plan to ensure that permitted Project activities result in minimal adverse effects on the aquatic environment. 3.3 Pre-construction Notification for Loss of Streambed Exceeding 50 Feet Because the Project is located within a designated trout county a PCN is required regardless of the amount of estimated impacts to jurisdictional waters. 3.4 Restriction on Use of Live Concrete Measures will be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened. 3.5 Requirements for Using Ri~rap for Bank Stabilization 3.5.1 Filter cloth shall be placed underneath any riprap used for bank stabilization. 3.5.2 The placement of riprap shall be limited to areas depicted on submitted work plan drawings. 1 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Proiect Narrative 3.5.3 All riprap material shall be clean and free from loose dirt or any pollutant except in trace amounts that would not have an adverse environmental effect. 3.5.4 Riprap shall be of a size sufficient to prevent its movement from the authorized alignment by natural forces under normal conditions. 3.5.5 Riprap shall consist of clean rock or masonry material such as, but not limited to, granite, marl, or broken concrete. 3.5.6 If a waiver is sought from this Regional Condition it will be requested in writing. If one is sought the applicant will attempt to demonstrate that the impacts of complying with this Regional condition would result in greater adverse impacts to the aquatic environment. 3.6 Safe Passage Requirements for Culvert Placement The installation of culverts will be done in a manner that promotes the safe passage of aquatic organisms. The height and width of the proposed openings will be of sufficient size to pass the average historical low flow and spring flow without adversely altering flow velocity. The culverts proposed to be installed shall be less than 48 inches in diameter and as such shall be buried in the stream bed as practicable and appropriate to maintain aquatic passage. The bottom of the culvert shall be placed at a depth below the natural stream bottom to provide for passage during drought or low flow conditions. Per WRC guidelines 20% of the diameter of the pipe will be placed below the ordinary high water mark. 3.7 Notification to NCDENR Shellfish Sanitation The Project area does not contain and is not located near any shellfish beds. 3.8 Preservation of Submerged Aquatic Ve etg ation Burke County is not located within the coastal area and is not covered by the CAMA. 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative 4.0 Additional Regional Conditions Applicable to Specific Nationwide Permits 4.1 NWP #39 -Residential Developments The demolition and construction of the hydroelectric powerhouse is classified as a public utilities work and therefore Duke requests that this Project be exempt from this Regional Condition. 1 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative Statement of Compliance for General Certification WQC #3634 (1) Project activities will require written concurrence from the Division of Water Quality. (2) The Project is located within Burke County and more specifically adjacent to the Catawba River. Unavoidable impacts associated with this Project include encroachment into the 50 foot wide riparian buffer area. This development shall be in accordance with 15A NCAC 2B .0200. Best management practices shall be used to ensure that the Project will have minimal adverse effect, to the greatest extent practicable, on water quality and the aquatic environment. (3) Sediment and erosion control practices shall be employed that equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual." (4) All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored within two months after the Division of Land Resources releases the Project. (5) An environmental document is not required for this Project. (6) The use of culverts will kept to the minimum necessary to complete the Project. All culverts will be installed to ensure downstream flows at periods of low flow, and to sized large enough to ensure downstream flow during periods of high water. (7) All measures will be taken to prevent live or fresh concrete form coming into contact with waters of the state until the concrete has hardened. (8) The site will be stabilized to prevent erosion and all temporary fill shall be removed to the original grade after construction is complete. ' (9) All pipes will be installed to carry the 25 year storm event at the minimum as outlined in the 2006 edition of the North Carolina Sediment and Erosion Control ' Planning and Design Manual during use of the certification. (10) Total proposed impacts estimated for this Project will require a fee in the amount of $475.00. 1 1 1 1 1 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Proiect Narrative (11) The applicant will comply with all site-specific conditions set forth in the terms and conditions of the certification. (12) Certification from the DWQ for this Project shall expire three years from the date of the Certification cover letter. (13) The applicant will submit the most recent version of the Certification of Completion form to notify the DWQ when all work included in the 401 Certification has been completed. 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Proiect Narrative Statement of Compliance for General Certification WQC #3631 (1) Total proposed permanent stream impacts are estimated to be 210 linear feet. This includes approximately 50 linear feet of an unnamed, first order, perennial tributary of the Catawba River and approximately 180 linear feet of the Catawba River. Proposed temporary stream impacts are estimated to be 170 linear feet of stream 1. Total proposed permanent wetland impacts are limited to a small amount (less than 0.01 acre) of fringe wetland adjacent to the unnamed perennial tributary. Proposed temporary wetland impacts are estimated to include the fill of 0.01 acres of fringe wetland adjacent to the unnamed perennial tributary. See Project narrative Sections 4.1 & 4.2. (2) Burke County Planning Department has been consulted and a Watershed Protection Ordinance Permit and a Shoreline Protection Permit have been applied for. Construction of the tailrace will involve encroachment into approximately 9,500 sq. feet of the Catawba River buffer. (3) The applicant is requesting written approval from the DWQ for impacts to perennial waters and their buffers. Estimated post-Project impervious surfaces are approximately 2% of the total Project area. (4) As mentioned, total post-Project impervious surfaces are estimated to be 2% of the total Project area. The applicant requests that asite-specific stormwater management plan not be required for this Project based on the amount of estimated post-Project impervious surfaces. (5) No intermittent streams are located onsite and none are proposed to be impacted by Project activities. (6) Based on the amount of anticipated, unavoidable impacts the applicant is including payment in the amount of $475.00 to the DWQ as required for this permit. (7) The applicant has contacted and applied for eligibility to pay into the EEP's in- lieu fee plan for off-site compensatory mitigation. 1 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative (8) No stream relocations are planned for this Project. (9) All culverts used for this Project will be placed below the elevation of the streambed to allow for low flow passage of water and aquatic life. The temporarily dewatered section of tributary downstream of the culvert will be restored to pre-impact condition. (10) Sediment and erosion control practices shall meet or exceed those outline within the 2006 North Carolina Sediment and Erosion Control Planning and Design Manual. (11) Erosion and sediment control devices placed in wetlands and waters shall be removed and the original grade restored within two months of Project release by the Division of Land Resources. (12) All additional site-specific conditions added to the 401 certification shall be adhered to in order to comply with all applicable water quality and effluent standards. (13) Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the concrete has hardened. (14) No environmental documents are required for this Project. (15) All fill within wetlands, waters, and buffers is described within this Project narrative and the PCN. No further impacts from this Project are anticipated. (16) No privately held adjoining lots are located within 50 feet of any buffers, streams, or wetlands located onsite. (17) The applicant shall use the most current version of the Certification of Completion form to notify the DWQ when all work included in the 401 Certification has been complete. (18) The applicant understands that any Certification applies to an individual Project and expires three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit, whichever is sooner. Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative Statement of Compliance for State General Permit for Impacts to Isolated Waters Permit #IWGP100000 1) Impact Totals i) Application Thresholds (a) Isolated streams (NA) (b) Isolated lakes and ponds -Due to the unique nature of the stilling basin the exact surface area is difficult to estimate. During normal water levels (i.e., non-generating flows) the basin surface area is approximately 0.30-acre. During generating flows the basin surface area is approximately 0.50-acre. Because of this fluctuation and the closeness of the normal water level surface to the permit threshold (1/3-acre) the applicant is providing written notification and requesting written approval from the Division of Water Quality for this impact. (c) Isolated wetlands (NA) (d) Unique isolated wetlands (NA) ii) Activities which are Deemed Permitted: No activities that cause impacts to the stilling basin are permitted without written approval from the Division of Water Quality. iii) Totaling and Reporting of Impacts (a) Isolated streams (NA) (b) Isolated lakes and ponds - As stated, the stilling basin proposed to be filled is 0.30-acre. (c) Isolated wetlands (NA) iv) Public Notice Requirement -Anticipated project impacts fall below the ' threshold for requiring either a public notice or an individual permit. v) Fees - A check in the amount of $475 has been included with this joint ' 401/404 permit application. vi) Buffers -The Project is located within the Catawba River watershed and is ' subject to buffer protection rules. Duke is requesting written concurrence from DWQ for this permit in accordance with 15A NCAC 2B. 0200. Duke Energy Carolinas, LLC Bridgewater Powerhouse Project ' Project Narrative vii)The Project will result in a diminimus increase in impermeable surfaces. 2) On-Site Stormwater Management ' i) The Project will result in a negligible increase in impervious surfaces. The original powerhouse and parking areas will be removed once the new ' powerhouse is operational. Both powerhouses have similar footprint sizes. The new parking area will be the same size as the old (e.g., both sized for two ' cars). Existing stormwater management practices will continue to be utilized post-construction. 3) Compensatory Mitigation i) Compensatory stream mitigation (NA) ' ii) Because the Project does not involve impacts to an isolated stream or wetland no compensatory mitigation is required for this phase of the Project. ' iii) Stream relocation (NA)_ iv) No culverts or other structures will be utilized during this phase of the Project. ' 4) Sedimentation and Erosion Control i) All erosion and sediment control practices will be in full compliance with all ' specifications governing the proper design, installation, operation and maintenance of such Best Management Practices. ' (a) Sediment and erosion control measures which equal or exceed the proper design, installation, operation and maintenance outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and design Manual". (b) Mining activities (NA) (c) Agricultural sites (NA) (d) Forestry sites (NA) ii) All sediment and erosion control measures placed in wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources or DLR delegated program has released the t project. 5) Compliance with Water Quality Standards t Duke Energy Carolinas, LLC Bridgewater Powerhouse Project Project Narrative i) Duke will comply with all additional site-specific conditions that are by the DWQ in relation to this phase of the Project. ii) Measures will be taken to prevent live or fresh concrete from coming into contact with waters of the state. iii) Access to building sites (NA) 6) Possible requirement for an Individual Permit and Public Meetings i) Duke will comply with all requests from the Director of the Division of Water Quality for the submission of an Individual Permit. ii) Duke will comply with and participate in any public meetings should they be deemed necessary by the Director of the Division of Water Quality. 7) Compliance and Reporting i) No environmental documents are required in conjunction with this Project. ii) Duke understands that deed notifications will be placed on file regarding the future use of the Project in relation to jurisdictional streams and wetlands. iii) Upon Project completion Duke will use the most recent version of the Certificate of Completion to inform DWQ that authorized work has been completed. ' iv) Duke understands that concurrence from DWQ regarding this permit shall expire five years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding USACE 404 Permit, whichever sooner unless explicitly allowed in the approval letter from DWQ. v) Duke understands that non-compliance with or violation of the conditions specified in this permit may be cause for civil and/or criminal penalties. vi) Duke understands that failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with 143-215.6A to 143-215.6C. vii) Duke understands that this permit may be modified, revoked and reissued or terminated for cause. Also, the filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. viii) Duke understands that the issuance of this Permit does not prohibit he Director from reopening and modifying the Permit, revoking and reissuing the Duke Energy Carolinas, LLC Bridgewater Powerhouse Project ' Project Narrative Permit, or terminating the Permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code 3, Subchapter 02H. 1300, and North Carolina General Statute 143-215.1 et. Al. ix) Duke understands that this Permit is not transferable to any person or entity ' except after notice to and written approval by the Director. x) Duke understands that the issuance of this Permit does not preclude the ' Permittee from complying with and and all statutes, rules, regulations, or ordinances, which maybe imposed by other government agencies (local, state, and federal) which have jurisdiction. If any of those permits results in revisions to the plans, a permit modification must be submitted. ' xi) Duke grants permission to DENR Staff to enter the property during business hours fro the purposes of inspections and compliance review. ' xii)Duke shall notify the Division of Water Quality of any mailing address changes within 30 days. 1 i 1 Duke Energy Carolinas, LLC Bridgewater Powerhouse Project ' Project Narrative APPENDIX E ' BRIDGEWATER POWERHOUSE DRAFT MEMORANDUM OF AGREEMENT Memorandum of Agreement ' Project No. 2232 -North Carolina DRAFT ' MEMORANDUM OF AGREEMENT AMONG t THE FEDERAL ENERGY REGULATORY COMMISSION AND THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER REGARDING THE REMOVAL AND REPLACEMENT OF THE BRIDGEWATER POWERHOUSE OF THE CATAWBA-WATEREE HYDROELECTRIC PROJECT WHEREAS, Duke Energy Carolinas, LLC (hereinafter, "licensee") intends to remove ' and replace the Bridgewater Powerhouse, located on the Linville River in Burke County, North Carolina, at the Bridgewater Development of the Catawba-Wateree Hydroelectric Project (FERC No. 2232), in conjunction with the Linville Dam ' phase (hereinafter, "Linville Dam Project") of the Bridgewater Seismic Remediation Project; and ' WHEREAS, the Bridgewater Powerhouse and other structures affected by the Linville Dam Project are eligible for inclusion in the National Register of Historic Places (hereinafter, "historic properties"); and . « ,~ WHEREAS, the Federal Energy Regulatory Commission (hereinafter, Commission ) ' may authorize the Linville Dam Project; and WHEREAS, the Commission has determined that the Linville Dam Project has the ' potential to adversely affect the Bridgewater Powerhouse and other historic properties, and has consulted with the North Carolina State Historic Preservation Officer (hereinafter; "North Carolina SHPO") pursuant to 36 C.F.R. Part 800 of ' the Advisory Council on Historic Preservation's (hereinafter, "Advisory Council") regulations implementing section 106 of the National Historic Preservation Act (16 U.S.C. 470f; hereinafter, "section 106"); and WHEREAS, Appendix A of this Memorandum of Agreement provides a description of the Bridgewater powerhouse and other historic properties identified as of the date of this Memorandum of Agreement, and anticipated effects as of the date of this Memorandum of Agreement; and WHEREAS, the licensee has participated in the consultation leading to the execution of this Memorandum of Agreement and is invited to concur in it. 1 Rev Date: 8/8/07 Memorandum of Agreement 1 Project No. 2232 -North Carolina NOW THEREFORE, the Commission and the North Carolina SHPO agree that the ' execution and implementation of the Memorandum of Agreement, in accordance with the following stipulations, evidences that the Commission has taken into ' account the effects of the undertaking and that the Commission's responsibility under section 106 is satisfied. ' Stipulations The Commission will ensure that the following measures are carried out: L TREATMENT OF HISTORIC RESOURCES ' Prior to removal of the powerhouse and other historic properties within the Area of Potential Effect (APE)' of the Linville Dam Project, the licensee shall prepare a Historic American Buildings Survey/Historic American Engineering Record ' (HABS/HAER) of the powerhouse, warehouse, portions of the switchyard, and light standard as mitigation for the adverse effects to the historic properties. During the ' development of the HABS/HAER, the licensee will consult with the North Carolina SHPO to determine the level of recordation that is required. The licensee shall provide a copy of the HABS/HAER document to the North Carolina SHPO and any other repository as designated by the North Carolina SHPO. The licensee shall provide to the Commission the HABS/HAER document and documentation that the HABS/HAER document has been accepted by the North Carolina SHPO. ' II. TREATMENT OF ARCHAEOLOGICAL SITES A. Prior to construction of the replacement powerhouse, the licensee shall conduct an archaeological survey of the area within the boundaries of the APE that have not ' been previously surveyed for archaeological and historic resources. The Phase I survey will be completed in accordance with the following conditions: 1. Prior to the commencement of the Phase I survey, the licensee shall consult with the North Carolina SHPO to determine the scope of work needed for the Phase I survey; and 2. All of the resulting documentation will be provided to the North Carolina SHPO and any other repository as designated by the North Carolina SHPO. 1 The APE for the Linville Dam Project includes the area affected by construction of the new earthen berm at the existing Linville Dam and the area affected by construction of the replacement powerhouse. Rev Date: 8/8/07 Memorandum of Agreement Project No. 2232 -North Carolina 3. Should any historic properties be located during the archaeological survey, the licensee will consult with the North Carolina SHPO to develop an appropriate treatment plan. ' B. Should any previously unknown archaeological sites be discovered during the course of the Linville Dam Project, the licensee will stop work and immediately ' enter into consultation with the North Carolina SHPO to determine an appropriate treatment plan. ' III. DISPUTE RESOLUTION A. If at any time during implementation of this Memorandum of Agreement, the North Carolina SHPO, the licensee, or the Advisory Council objects to the manner in which the terms of the Memorandum of Agreement are being implemented, they may file written objections with the Commission. The Commission will ' consult with the objecting party, and with other above listed parties, as appropriate, to resolve the objection. 1 B. If the Commission determines that the objection cannot be resolved, the Commission will forward all documentation relevant to the dispute to the Advisory Council and request that the Advisory Council comment. Within 30 days after receiving all pertinent documentation, the Advisory Council will either: provide the Commission with recommendations, which the Commission will take into account in reaching a final decision regarding the dispute; or 2. notify the Commission that it will comment pursuant to 36 CFR Part 800.7(c)(1) through (3) and section 110(1) of the National Historic Preservation Act, and proceed to comment. C. The Commission will take into account any Advisory Council comment, provided in response to such a request, with reference to the subject of the dispute, and will issue a decision on the matter. The Commission's responsibility to carry out all actions under this Memorandum of Agreement that are not the subject of dispute will remain unchanged. IV. AMENDMENT AND TERMINATION OF THIS MEMORANDUM OF AGREEMENT A. During the time that this Memorandum of Agreement is in effect, the Commission, the North Carolina SHPO, or the licensee may request that this Memorandum of Rev Date: 8/8/07 Memorandum of Agreement Project No. 2232 -North Carolina Agreement be amended, whereupon these parties will consult in accordance with ' 36 CFR Part 800.6(c)(7), to consider such amendment. ' B. The Commission or the North Carolina SHPO may terminate this Memorandum of Agreement by providing 30 days written notice to the other parties, provided that the Commission, the North Carolina SHPO, and the licensee consult during the 30-day notice period in order to seek agreement on amendments or other actions that would avoid termination. In the event of termination, the Commission will comply with 36 CFR Part 800.6(c)(8). ' V. OTHER TERMS AND CONDITIONS ' A. This Memorandum of Agreement is limited in scope to such activities associated with the Linville Dam Project. ' B. Execution of this Memorandum of Agreement and subsequent implementation is evidence that the Commission has satisfied its responsibilities pursuant to section 106 of the National Historic Preservation Act, as amended. This Memorandum of Agreement has no independent legal effect for any specific license applicant or project, except when incorporated by reference into any authorizing Commission ' order. 1 1 4 Rev Date: 8/8/07 Memorandum of Agreement ' Project No. 2232 -North Carolina FEDERAL ENERGY REGULATORY COMMISSION 1 B : y 1 5 Date: Rev Date: 8/8/07 Memorandum of Agreement Project No. 2232 -North Carolina NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICE 1 By: _ _ Date: Jeffrey J. Crow, State Historic Preservation Officer 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Memorandum of Agreement Project No. 2232 -North Carolina CONCUR: DUKE ENERGY CAROLINAS, LLC By: Steven D. Jester, Vice-President Hydro Licensing and Lake Services 1 Date: Rev Date: 8/8/07 1 1 1 1 1 Memorandum of Agreement Project No. 2232 -North Carolina Appendix A to: MEMORANDUM OF AGREEMENT AMONG THE FEDERAL ENERGY REGULATORY COMMISSION AND THE NORTH CAROLINA STATE HISTORIC PRESERVATION OFFICER REGARDING THE REMOVAL AND REPLACEMENT OF THE BRIDGEWATER POWERHOUSE OF THE CATAWBA-WATEREE HYDROELECTRIC PROJECT The purpose of this appendix is to specify the factual basis of the Memorandum of Agreement. Here, relevant facts concerning the licensee's proposed undertaking are reviewed; historic properties subject to the Memorandum of Agreement's stipulations are, in part, identified; and the anticipated effects of the undertaking are disclosed. We, the parties to the Memorandum of Agreement, anticipate that authorizing the Linville Dam Project would pose adverse effects to the historic properties within the APE. We anticipate that any adverse effects can be mitigated by executing a Memorandum of Agreement requiring the licensee to develop a HABS/HAER and conduct a Phase I survey of the areas to be disturbed in conjunction with the Linville Dam Project. I. PROPOSED UNDERTAHING Duke, the licensee of the Catawba-Wateree Hydroelectric Project, FERC No. 2232, is implementing the Bridgewater Development Seismic Remediation Project. The Bridgewater Development, one of eleven developments comprising the Catawba-Wateree Hydroelectric Project, is located on the Linville River, in Burke County, North Carolina. The Bridgewater Development was constructed from 1916-1923 and contains three dams. Beginning in the 1980's, a series of analyses indicated that portions of the project dams are susceptible to strength loss during certain modeled seismic events. Therefore, the licensee, in accordance with the Commission's dam safety regulations, began an effort to strengthen the three Project dams in 2005. In order to strengthen the Linville Dam, which is located adjacent to the Bridgewater Powerhouse, the powerhouse must be demolished. It will also be necessary to remove or modify other historic properties including a warehouse, the existing switchyard, a light standard, and other non-historic structures lying within the footprint of the proposed berm. A new powerhouse will be constructed approximately 200 meters downstream. This work is being conducted under the Commission's Safety of Water Power Projects and Project Works regulations (18 CFR Part 12). Rev Date: 8/8/07 Memorandum of Agreement ' Project No. 2232 -North Carolina On June 19, 2007, the North Carolina SHPO stated that the replacement of the Bridgewater Powerhouse, eligible for the National Register of Historic Places, would constitute an adverse effect upon the historic property and recommended that the licensee ' enter into consultation with the North Carolina SHPO. In this same letter, the North Carolina SHPO recommended that an archaeological survey be conducted in association with the construction of the new powerhouse. ' The Catawba-Wateree Project's existing license expires in August 2008. In accordance with Commission regulations for the relicensing of existing hydroelectric ' projects, the licensee submitted a timely application to the Commission for continued operation of the project. This application clearly anticipated the removal of the powerhouse and its replacement with either a new powerhouse or a valve release system. ' As part of the relicensing consultation process, the licensee developed a draft Historic Properties Management Plan (HPMP) for the Catawba-Wateree Project in consultation 1 with, among others, the North Carolina SHPO. The HPMP stipulates that the licensee will consult with the North Carolina SHPO to develop appropriate mitigation for adverse affects to Historic Properties. It also stipulates that the licensee will consult with the ' North Carolina SHPO about any proposed ground-disturbing activities that are not categorically excluded from review. This Memorandum of Agreement is consistent with the draft HPMP. II. HISTORIC PROPERTIES H)ENTIFIED ' A. Area of Potential Effects APE ( ) ' The APE for the proposed Linville Dam Project encompasses lands affected by construction of the new earthen berm, the modified switchyard, and the lands utilized in construction of the replacement powerhouse. B. Historic Structures ' In 2004, the licensee commissioned a National Register evaluation of the Catawba-Wateree Hydroelectric Project facilities in association with its application for a ' new license. 2 The 2004 historical survey stated that the development is representative of the development of hydroelectric power in North Carolina in the 1910s and 1920s. The assessment identified the powerhouse, warehouse, the switchyard, and light standard as ' contributing elements to the Bridgewater Development's eligibility for the National Register. The North Carolina SHPO concurred with these findings. ' 2 The results of the study are included in: TRC. 2005. National Register of Historic Places Assessment for the Catawba-Wateree Hydroelectric Project Bridgewater, Rhodhiss, Oxford, Lookout Shoals, Cowans Ford, and ' Mountain Island Developments, North Carolina. 3 Rev Date: 8/8/07 Memorandum of Agreement ' Project No. 2232 -North Carolina ' The Bridgewater Powerhouse is a six-story brick structure with a concrete base. The exterior features brick pilasters dividing the window bays, a decorative metal cornice, and both historic and modern multi-light windows. The powerhouse contains two vertical Francis-type generating units, a control room, a concrete mezzanine, and associated equipment. A warehouse associated with the powerhouse and a light standard ' adjacent to the powerhouse, both eligible for the National Register, will also be removed during the Linville Dam Project. The existing switchyard, also a historic property, will also be modified. C. Archaeolo ical Sites g ' Archaeological surveys of portions of the borrow areas for the Bridgewater Seismic Remediation Project have been conducted. No archaeological sites are known to ' lie within areas associated with the Linville Dam Project. ' III. ANTICIPATED EFFECTS AND MITIGATIVE NEEDS The proposed Linville Dam Project would have an adverse effect on historic properties in the project's APE; however, the adverse effects would be mitigated through the execution of a Memorandum of Agreement. ' A. Historic Structures Authorizing the Linville Dam Project and removing the powerhouse and other ' historic properties would adversely affect historic properties within the APE. However, we anticipate that adverse effects would be taken into account by executing a ' Memorandum of Agreement requiring the licensee to develop a NABS/HAER report prior to removal of the powerhouse. The HABS/HAER report would provide both written and photo documentation of the powerhouse and other historic properties. The ' documentation would be available from the repository designated by the North Carolina SHPO. ' B. Previously Undiscovered Historic Properties Since the APE has not been completely evaluated for its archaeological potential, there is a possibility that undiscovered historic properties could be adversely affected during the implementation of the Linville Dam Project. The Memorandum of Agreement ' would require the licensee to conduct an archaeological survey of areas not previously surveyed and develop appropriate treatment plans. If any sites are discovered during the 4 Rev Date: 8/8/07 Memorandum of Agreement Project No. 2232 -North Carolina project, the licensee will enter into consultation with the North Carolina SHPO to develop ' an appropriate treatment plan. 1 1 1 1 1 5 Rev Date: 8/8/07