20160742 Ver 1_USACE Comments_20181024

Strickland, Bev
From: Brown, David W CIV USARMY CESAW (US) < [e-mail] >
Sent: Wednesday, October 24, 2018 3:34 PM
To: Mularski, Eric
Cc: Homewood, Sue; Mitchell, Robert K
Subject: [External] RE: Cedar Cliff Hydroelectric Development Auxiliary Spillway Upgrade
Project - Section 404/401 Modification (UNCLASSIFIED)
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
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CLASSIFICATION: UNCLASSIFIED
Eric,
Reference is made to your e-mail below, e-mails of October 18 and 24, 2018, and our conference call this morning
pertaining to the proposed lower access road improvements at Duke Energy's Cedar Cliff facility in Jackson County, NC.
Based upon the information submitted with the e-mails, discussions during the conference call, and past site visits, the
Corps has determined the activities associated with the proposed lower access improvements project will not place fill
within WoUS. Therefore, no authorization from the Department of Army under section 404 of the CWA for this project is
required.
Thanks,
David
David Brown, PG
Regulatory Specialist/Geologist
USACE Wilmington District -Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
828-271-7980, ext. 4232
[e-mail]
-----Original Message -----
From: Mularski, Eric [mailto:[e-mail]]
Sent: Wednesday, October 24, 2018 3:13 PM
To: Brown, David W CIV USARMY CESAW (US) <[e-mail]>
Cc: Banta, Tim <[e-mail]>; Johnson, Steve <[e-mail]>; 'John. Eddy@duke-
energy.com' <[e-mail]>; Kulpa, Sarah <Sarah.Kul [e-mail]>
Subject: [Non-DoD Source] RE: Cedar Cliff Hydroelectric Development Auxiliary Spillway Upgrade Project - Section
404/401 Modification
David,

We greatly appreciate your review of the Cedar Cliff Lower Access Road Improvements material and participating in the
conference call this morning. Based on Tim Banta's presentation and our discussion today, you mentioned that the
proposed activities would occur above the Ordinary High Water Mark and that these areas would not be regulated by
the USACE. Please confirm that this statement is correct and that the proposed activities do not require a modification
to our existing Section 404 Individual Permit authorization.
Thanks again.
Eric Mularski, PWS
D 704-973-6878 M 704-806-1521
hdrinc.com/follow-us <Blockedhttp://hdrinc.com/follow-us>
From: Mularski, Eric
Sent: Wednesday, October 24, 2018 9:28 AM
To: 'david.w. brown@ usace.a rmy. mi I' <[e-mail]>
Cc: Banta, Tim <[e-mail]>; Kulpa, Sarah <Sarah.Kul [e-mail]>; 'John. [e-mail]'
<John. [e-mail]>; 'Johnson, Steve' <[e-mail]>
Subject: RE: Cedar Cliff Hydroelectric Development Auxiliary Spillway Upgrade Project - Section 404/401 Modification
David,
Attached are few documents that we will use as a basis for discussion during our call at 11am. Below is the conference
call number and access number.
Phone No. 866-583-7984
Code: 6520807473
Talk to you soon.

Thanks,
Eric Mularski, PWS
D 704-973-6878 M 704-806-1521
hdrinc.com/follow-us <Blockedhttp://hdrinc.com/follow-us>
From: Mularski, Eric
Sent: Thursday, October 18, 2018 2:36 PM
To: '[e-mail]' <[e-mail]<mailto:[e-mail]»
Cc: Banta, Tim <[e-mail] <mailto:[e-mail]> >
Subject: RE: Cedar Cliff Hydroelectric Development Auxiliary Spillway Upgrade Project - Section 404/401 Modification
Hi David,
I just left you a voicemail. Hopefully, you are outside enjoying the nice fall weather.
As mentioned in my message, Duke proposes to upgrade the existing access road from the powerhouse to downstream
of the dam to prevent continuous repairs from road washout during high flow events. Our initial design may require
minor dredging and fill to the bypassed reach and overflow channel in the right floodplain to promote flow away from
the access road. We (Tim Banta and 1) would like to schedule a short phone conference with you to discuss the proposed
activities and CWA permitting implications. We are available any time after 11am next Wednesday (10/24) or Thursday
(10/25). Please let us know if any of those days work for you and what time would best fit into your schedule. We are in
the process of developing a figure of the access road plan and gathering pictures for discussion. We appreciate your
ongoing attention to this project.

Thank you,
Eric Mularski, PWS
D 704-973-6878 M 704-806-1521
hdrinc.com/follow-us <Blockedhttp://hdrinc.com/follow-us>
From: Mularski, Eric
Sent: Tuesday, September 18, 2018 3:52 PM
To: Baker, David <[e-mail] <maiIto: David. [e-mail]> >; Homewood, Sue
([e-mail] <mailto:[e-mail]> ) <[e-mail]
<mailto:[e-mail]> >
Cc: Banta, Tim <[e-mail] <mailto:[e-mail]> >; 'Johnson, Steve' <Steve.Johnson@duke-
energy.com <mailto:[e-mail]> >; 'Wise, Jon' <[e-mail]
<mailto:[e-mail]> >; 'John. [e-mail]' <[e-mail]
<mailto:[e-mail]> >
Subject: Cedar Cliff Hydroelectric Development Auxiliary Spillway Upgrade Project - Section 404/401 Modification
David & Sue,
As discussed during our June 6th meeting, the Cedar Cliff Auxiliary Spillway Upgrade Project's Water Quality Monitoring
Plan has been revised to include a Data Review and Reporting Requirements Section (see attached). Please review and
let us know if you have questions. It was discussed that this document would be attached to the Section 404/401
Individual Permit modification.
In addition, we request that SAW -2015-02543 Special Condition 20.0 regarding Turbidity Barriers be revised to read,
"Prior to the initiation of any of the work authorized by the permit the Permittee shall install floating turbidity barriers
with weighted skirts that extend to a depth of at least 5 feet around all work areas that are in, or adjacent to, surface
waters. The turbidity barriers shall remain in place and be maintained until the authorized work has been completed and
all erodible materials have been stabilized."

Please do not hesitate to contact me if you have questions or require any additional information to process this
modification request.
Thank you,
Eric Mularski, PWS
Environmental and Regulatory Team Lead
440 S. Church Street
Charlotte, NC 28202
D 704-973-6878 M 704-806-1521
[e-mail] <mailto:[e-mail]>
hdrinc.com/follow-us <Blockedhttp://hdrinc.com/follow-us>
CLASSIFICATION: UNCLASSIFIED