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HomeMy WebLinkAbout20061401 Ver 1_COMPLETE FILE_20060828w A ., DU ))ti r } ? O 'C' Michael F. Easlev, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality October 10, 2006 DWQ Project # 06-1401 Jackson County Joseph Carrick Duke Energy - EC12Q Post Office Box 1006 Charlotte, NC 28201-1006 0l: T I ?; [UU6 .. Subject Property: Cedar Cliff Boat Ramp Replacement Construction WET1.;aN; i ;A.Ci? ROtl4?'/rr; FRANCH Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Carrick: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact approximately 0.10 acres of lake bed for the purpose of construction of a boating ramp at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on September 5, 2006. After reviewing your application, we have decided these impacts are covered by General Water Quality Certification Number(s) 3492(GC3492). The Certification (s) allows you to use Nationwide Permit(s) 36 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose that you described in your application. If you change your project beyond this approval, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 401 Wetlands CertiAcation Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: hftp://h2o.enr.state.nc.us/ncwetlands Aft An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Cedar Cliff Boat Kamp Page 2 of 5 October 10, 2006 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Plan Location or Reference Approved (Units) Open Water Approximately Cedar Cliff Lake 0.10 (linear feet 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. Cedar Cliff Boat Ramp Page 3 of 5 October 10, 2006 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Sediment and erosion control measures must be implemented prior to construction and maintained on the sites to minimize sediment in downstream areas. Seeding for a temporary cover of wheat, millet, or similar annual grain or permanent herbaceous cover should occur on all bare soil within five (5) days of ground disturbing activities to provide long-term erosion control. The projects should be accomplished in stages instead of leaving large tracts exposed to further storm events. Erosion control matting should be used in conjunction with appropriate seeding on disturbed soils in steep slope and riparian areas. Matting should be secured in place with staples, stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall fescue should not be used in riparian areas. In addition, because of an anticipated difficulty in establishing ground cover during the winter, reseeding should be conducted, as necessary, in the spring-time with a native annual and perennial seed mix with a temporary nursery crop of wheat, millet or other grain. 7. Heavy equipment should be operated from the bank whenever possible. All mechanized equipment operated near surface waters should be inspected and maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic materials. Equipment used in stream channel must be clean, new or low hour equipment. Exposure of equipment to surface waters must be minimized to the maximum extent possible. 8. Disturbed stream banks and a 25-foot vegetated zone (as required under the Trout Buffer regulations) must be restored along the construction sites to natural riparian conditions with native trees and shrubs (e.g., silky dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black willow, sycamore) to provide long- term bank stability and stream shading. Note, silky dogwood, silky willow and black willow can be planted as live stakes collected during the dormant growing season. Cuttings should be randomly planted on four (4) foot centers from the waters edge to the top of the bank. Trees should be planted on ten (10) to twelve (12) foot centers. Stream banks in these areas should also be seeded with a native annual and perennial seed mix with a temporary nursery crop of wheat, millet or other grain. Replanting of vegetation within disturbed areas located within 30 feet of the streahnbank associated with any land disturbing activity, repair, replacement and/or Cedar Cliff Boat Ramp Page 4 of 5 October 10, 2006 maintenance must be done in a manner consistant with the Guidelines for Riparian Buffer Restoration immediately following construction. (Please see attached.) 9. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected riparian zones such that it will not re-concentrate before discharging into a stream. If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 10. Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Cedar Cliff Boat Ramp Page 5 of 5 October 10, 2006 This letter completes the review of the Division the Clean Water Act. If you have any questions, DWQ Asheville Regional Office at 828-296-4657. of Water Quality under Section 401 of please telephone Kevin Barnett in the Sincerely, AW Klkhb Alan W. K imek, P.E., Director Division of Water Quality Enclosures: GC 3492 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: John Macemore, Boating Tech Supervisor, Mountain Region NC Wildlife Resources Commission 20830 Great Smokey Mountain Expressway Waynesville, NC 28786 USACE Asheville Regulatory Field Office DWQ 401 Central Office DLR Asheville Regional Office David McHenry, NC Wildlife Resources Commission File Copy Central Files Filename: 06-1401. CedarCliffBoatRamp.Approval Triage Check List Date: 10/05/06 Project Name: Cedar Cliff Lake Renovation DWQ #:06-1401 County: Jackson Kevin Barnett, Asheville Regional Office To: 60-day Processing Time: 10/04/06 to 12/02/06 From: Cyndi Karoly Telephone: (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks ! Z •d SaNUl13M-OMa:3WUN 268922Z6Z6:131 Sb:2S 03M 9002-b-190 s eut and Natural Resource Carolina DeplrtOl of BayiXOnut 'aiity NOt'tYt DlVyiOp of ,Water QU pirectoT Office FAXT a NgTPAL COVER To /] , n /7•?3 Fai #= . of pages (including COver Frota? Numb" 0 ria?= Aigo ? dres M, 1617 Mail Service Center Raleigh, NC 2.1699-161 i [0'd ZL:VL 9002 b 130 Phone: (919)73.701" Fax: (919r3S.2A96 5t eet Add s 512N * Salisbury S, ,Wei%h, SIC 27604 96VNCL616:X6J Al nvu diivM AO A I O 2 'd SONti-113M-0MO:3WUN xeceivau 7070094 Line 1 MEMORANDUM 5eq Nun TO: Finance FIL E..Cop FROM,. Cindy Edwards Division of Engineering Services DATE; SePtember 13, 2006 ? SUBJECT: Issuance of Check Permit Fee for Cedar CI'iff Lake Renovation Please Issue a check in the amount Of $200,00 to pENR-Division of Water Quality for a missing permitting fee required bY'DWQ. REFERENCE ON STUB: DWQ permitting fee for NC Wildlife Cedar Cliff Lake Renovation Funding: Vendor NO.: 566000372-40 Cost Center: 216181035905 Acct. Code: 534474 a CFO C.0 r b v=r, ? r ?cnl C C1'1 template g:\f0M\chreq.doc data file: g:\forms\chkdat0.d0c 0 .? X3.1 l? 269922Z6Z6:131 Sb:2T 03M 9002-t-100 L/4 11 09:04;04 20-09-2006 I ZO 'd Z L:0 L HE V 100 96UZEOL6 L6:X8A Ai nvn0 83ivm 30 AN Richard B. Hamilton, p-=cutive Director 2 •d E-Pay Remittance Advice S0NU113M-0M0:3WUN 2689=6T6:131 Sb:2T 03M 9002-b-190 Subject: NC E-Pay Remittance Advice From: nc.pa'yrnent@ncosc.net Date: Tue, 19 Sep 2005 09:57:04 -0400 AL To: "OOC.CASH@NCN ACL.NST" <OOC.CASI!@NC TO: DEPT OF ENVIRONMENT & NATURAL RESOURCES CONTROLLERS OFFICE 1606 MAIL SERVICE CENTER RE: Direct deposit notification envy fur-ding approval, Within three business days, pending ag of $200.00 your rack account will receive a direct de(JO3?t to for payment number 17PT0000019199• ?t is your responsibility confirm that this deposit was made and is adail?'-e for Your.use. These funds were paid by the following agency: WIL.OLIFE RESOURCES COMMISSION FIN SECT - TRAAE ACCTS PAYABLE 1751 VARSITY DRIVE gAILIGH, NC 27606-2576 AGENCY CONTACT PgONE#: 919-707-008? osit to the please direct all questions regarding this payment/dep agency contact phone number listed directly above. Any This ag questions maintains information regarding your payment records- tation concerning payment amount and invoice informationoo? ice and they should be directed to the agency's Accounts Payable will be happy to assist you with your inquiries. PLEASE 00 NOT REPLY TO THIS EMAIL• CCNTACT THE PAYING AGENCY AT THE NUr13ER LISTED ABOVE- Discount 'Taken Net Inv Date Invoice Amount your Invoice No Type $0.00 $200.00 Amount 09/13/06 $200.00 LWE RENOVA 091306 pWQ PERMITTING FEE FOR NC WILDLIFE CEDA'3 CLIFF TOTAL, $200.00 of the This notification was sent from the i?n error1npleaseccontact theaagen'-Yzraller- If this notification has been received listed above to make corrections. Q1???& 9/19/2006 10:22 f 00'd CL:VL 9002 V 130 96VZ6SL6L6:X6J A111VnD 8100 JO A14 t7 ' d 97070094 Line 1 . f? SaNU113M-OMs :3WUN 2689221GT6 :-131 St, :2Z a3M 9002-t-100 W 1W MY . 1! Received ..:'. •-?? 3!< 09:04:37 20-04-2006 Willem ()• Ross Jr., swrowy Nostb Cem11nR popuanasd oil;oVisnemeat andNagtral Resourcra Alva W-X it ? P.B• Dlrxrdr' D1+?isioa of VPatLT QaaW August 30, 2006 OWQ Project # 06-1401 Jackson County CERTIMII MAIL; RETURN RECEIPT REQUESTED Duke Power Lake Management Sy4CtiOn -EC12Q. Attu: Joseph Can iker PO Box 1006 Charlotte, /North Carolilna 28201-1006 Subj act Property: Cedar cuff Lake Renovation 11 gRi QUE57-FOR MORE INFORMATION tQ pER1VIITTING FEE IVII88ING/1NCOYt"CT RETURN OF APPLICATION PACKAGE Dow Mr. Cwrrl'kel_ the ]7ivision of Water Quality (DWQ) received your application dated August 25, On August 28, 2006, DW Q determined that your application was incomplete 2006 for the above referenced project. The has will require additional and/or provided inaccurate information as discussed below, The DWQ and/or streams on the information in order to process your appication 1n impact.prote requested subject property. Therefore, unless we receive five copies of tha wtA C ZpInO 06 an will W, we will have to move toward denial of your application as req provide the place this project on hold as incomplete until we receive this additional information. please following information so that we may eont"W to re'4ew your project. Addttic=1 Ilformation Requested., Water Quality Certiflcatian, See L Processing, It= 2.. Please.sinte which Permit (Nationwide, Regional or (3eneral) number you intend to use. you may want to contact the US. Army Corps of Engineers (USACE) to determine which permit they will allow you to use, er1A /leant" to set up the protect. DWQ requires the name of an individual shown as "Own PP The PCN Applicidon failed to contain the ApplieandAgent's Signatm and Date. See last page of application.(Agent's sigoetme is valid only if an authorizatlae letter from applicant is provided). Wrier Body information not stated. See III Project Informat'1on, Item 7. 0 [] Incorrect and/or mussing wetland,1ntermittcat-poren11W stream and/or buffer impacts. 401 OvaslShtlP.xPOss Revi?v Pumi?s?6 W 27699-1650 1650MWIserAwc4marRaWO Nosth?pO,*cuolWa27604 2521 Cnl M BOUkVSA sdte 2,50, rte . Phone: 919-733-1786IPAX919 73x6893/1„ belt An Equ1 CW duuity1A$it**G Adim. F?PIvY? ?'/? ?JydeW1O%Post Cansmna'1PMW VO 'd C [:V l 900Z V 130 96tZM6 l6:Xe3 A11 lU o 831VM 30 A 1 d 1'7070094 s •d Line 1 7 Q SGNU-113M-OMO:3WHN RacelYed 26892216T6:131 SO :2T 03M 9002-t7-100 -?? .•-- Old o9:05A4 20-09-2006 DWQ'is unable to review this project without noted or corrected impacts reflected Zack of permitting fee. Please note that beOming 7annMry 1,1999, the N.C. General Assembly passed legislation requiring payment Of a fee for all 401:applicati% ? 1ee or applications is $2t}0 for projects impacting less than an acre of wetland and linear feet-9f streams. For projects kapacting one or wore acres o? wetland or' 150 or more feet of streams, the fee is $475. Incorrect permitting fee amount. Please see above item. Your aleck 4 for t is $ the linle" it is herein enclosed for The correction. DWQ does not retain any payrueu correct amount. A request for a modification of an issued permit tequbw re-submission of five (5) application sets and appropriate fee.. We have herein returned your modifcadon request. Application was missing pages or sections of Information.. See tither section below. o7BER: Pleat's contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and that you remain interested in •eont ruing to pursue pernaitting of your project and Will be ffi providing the DWQ the re4d iafortzuation at a later date. Please'colonger n wept to pursue this ]fie assume that you no do not hear from yt?u within *M. weekq, we withdrawn, and we will consider the project as lication review and does not auftrin any Unpacts to wetlands,' waters 'Phis letter aptly addresses the app or protected buffers, Please be aware that any impacts requeabed within your aapplidicanation on are not Karoly at are uthorized (at this time) by the DWQ. Please call Mr. Tau McMillan or lvis. discuss Ws matter. 1786 if you have any.questions regarding or would lice to set up a meewag Sincerely, Cyndl -Kwoly, Supervisor 401 O t/Entms Review Permitt'ng Unit CRK/yd NC W Rdlife Resources. Commission, loba Macemore,1720 Mail Service Centex, Raleigh NC Cc' 27699-1720 USACfl Asheville Regulatory Field Office File copy Cent-2.1 Files - Fames: eatao?cta.?.xa?o,?aos seua ?a 90 •d 6l bl 900Z V 330 96VZ00L616:Xe3 AlIlVAO 831VA 30 A10 9 'd S0Nd-l13M-0M0:3WdN E68922L6I6:-131 9b:2Z 03M 9002-b-100 Oct. 4. 2006 20PUl 3, 2006 3:14:52 PM DGI DCP AP DOCUMENT GENERAL INFORMATION HISTORY: 10/03/2006 15:14:51 ?? ACTION: NEXT FUNCTION: QT VENDOR/EMP NUMBER: 566000372 4 PAY ENTITY 17 DOCUMENT NUMBER 091306 VEND/EMP SHORT NAME- DENR DOCUMENT DATE : 09/13/2006 CONTROL NUMBER DOCUMENT TYPE DOCUMENT STATUS CURRENCY CODE GROSS DOC'AYOUNT 0436 INVOICE PD-FULL AMOUNT PAID COUNTY CDEITRIP NBR: PO REFERENCE SIGN APPROVAL CODE DATES APPROVED " CONTROL DATE 09/18/2006 APPLICATION AREA = LM DATE ENTERED 09/18/2006 DATE LAST UPDATED: 09/18/2006 200.00 PROV ACCTG DATE 200.00 REMIT MESSAGE: DWQ PERMITTING FEE FOR NC WILDLIFE CEDAR CLIFF LAKE RENOVATI a`?-? 1O \y\Ob 90'd £ l : tr l 9002 v 100 2006 DEr-tk • WAKE' 01JAI-ITY WETLANDS AND rW.,TNKf ER 6RANCM Cdr -b \JQ ly "-.e, 96VZ££L6l6:xej A111Uf10 831VM A0 A10 . • Z 'd SGNU-l13M-0M0:3WUN 2689€EZ6T6:-131 9b:2Z 03M 9002-b-1D0 • Oct. 4. 2006 3:'19vM )ot 3, 2006 3.13:46 PM DPG OCP Ap DOCUMENT PAYMENT GENERAL INFORMATION ACTION: - HISTORY: 10/03/2006 15:13:41 NEXT FUNCTION: J `- BROWSE; : 1712Tr? VEND/EMP NBR= 566000372 40 PAY ENTITY : 091306 DOCUMENT NBR VEND/EMP SHORT NAME: DENR PAYMENT NBR: 001 PRTL pYMT NBR= 000 DOCUMENT DATE 09/13/2006 IND AMOUN, SALES TAX/DAT VAT INCLUSIVE N SALES TAX 2 EXPENSE IND, SALES TAX 3 GL EE'FECTTV-,E DATE: 09/18/200' EXTRACT DATE FREIGHT ADDITIONAL COST ACCRUAL CANC DATE' 200.00 CURRENCY CODE GROSS INVOICE = 200.00 DISCOUNT TYPE : NOT TAKEN PAYMENT A-MGUN'T 200.00 DISCOUNT TAKEN AMOUNT PAID PAYMENT STATUS PAID PAY IMMEDIATELY NET PAYMENT REF NBR 0000018199 PAYMENT TERMS PAYMENT TYPE ELECTRONIC PAYMENT DATE = 09/18/2006 HANDLING CODE PAYMENT ROUTE CD ONE INVC PER PYMT= YES FACTOR NUMBER BANK ACCT ;PYMT CO: IGO REASON CODE/DESC .00 LO 'd 0l :b l 9002 b 130 96VZCCL6 L6:XBA Ai nvn0 8iiv m A0 A IQ J O wArF9 PG ?y Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources August 30, 2006 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Duke Power Lake Management Section -EC 12Q Attn: Joseph Carriker PO Box 1006 Charlotte, North Carolina 28201-1006 Subject Property: Cedar Cliff Lake Renovation ? REQUEST FOR MORE INFORMATION ® PERMITTING FEE MISSING/INCORRECT ? RETURN OF APPLICATION PACKAGE Dear Mr. Carriker: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-1401 Jackson County On August 28, 2006, the Division of Water Quality (DWQ) received your application dated August 25, 2006 for the above referenced project. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H.0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: ? Water Quality Certification, See I. Processing, Item 2.. Please state which Permit (Nationwide, Regional or General) number you intend to use. You may want to contact the U.S. Army Corps of Engineers (USACE) to determine which permit they will allow you to use. ? DWQ requires the name of an individual shown as "Owner/Applicant" to set up the project. ? The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last page of application. (Agent's signature is valid only if an authorization letter from applicant is provided). ? Water Body information not stated. See III Project Information, Item 7. ? Incorrect and/or missing wetland, intermittent-perennial stream and/or buffer impacts. 1NatUAW1111 401 Oversight/Express Review Permitting Unit ? !Jt!lC/l 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc,us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper DWQ is unable to review this project without noted or corrected impacts reflected. ® Lack of permitting fee. Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401 applications. The fee for applications is $260 for projects impacting less than an acre of wetland and less than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475. ? Incorrect permitting fee amount. Please see above item. Your check # for $ is herein enclosed for fee correction. DWQ does not retain any payment unless it is in the correct amount. ? A request for a modification of an issued permit requires re-submission of five (5) application sets and appropriate fee. We have herein returned your modification request. ? Application was missing pages or sections of information. See Other section below. ? OTHER: Please contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and that you remain interested in continuing to pursue permitting of your project and will be providing the DWQ the requested information at a later date. Please contact this office in writing. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. Ian McMillan or Ms. Cyndi Karoly at 919-733- 1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/Ijd cc: NC Wildlife Resources Commission, John Macemore, 1720 Mail Service Center, Raleigh NC 27699-1720 USACE Asheville Regulatory Field Office File Copy Central Files Filename: 061401CedarCliftLkRenovation Holld Fee DUKE POWER LAKE MANAGB.NUM, EC12-Q PO]BOX 1006 20061 401 COARWTIF,, NC 282014006 704382-1567 or TOLL FREE 1400443-5193 APPLICATION FOR PERIIIIT TO STABIM THE SHORUXRE IN ?JORTII CAROLINA OF Print and fill in all bkWm. If information is not appllcablo, so indicate by plaeitag NIA in blank. PLEASE SUB type SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER, T ABOVE ADDROM L Appilcut Informatiea A. NameN('W1l'C Vifted of A i'N er,na 3er?,CeS 8c 21417-1720 B. Mailing Address 1 7 2 0 )91a i 1 J t r y C e e ti e r C. Telephone: 70 7 - 0110 e $? ` y S2`4 q7 2 extf 2 8 II. Location Of Propo ad Pr4w k A. bake [eda? C ?ff 7 i I l 7n-A aVe , B. Street Addt+eas C. ComtY a c a e D. City, toa?n, com unlity or E. Section_____.____ lot0 t g S N v 7S, F. Directions to pmP?y b7? toad m unction S Cry o l?s t o q8 +1 (4e 1, a oil fi uin Lcf o o area. r ? ? B G. Latitude and lca de foc the p mied sifm ' H. Please submit a m* dwwft the ooaed'malea a[ a dstaa7ed map (USG6 Q? our, ? ?•'?-) H ? exact location of *8 project silo. (NO?f B: a00? caa be ?m?at on ioet sites h Dkccdous: Dadt mFiftr, cliff °Maps , meet sddnss, draa? m ? aP WM.. -, scW -La IAW, dick nop) III, Description of Project A. Length of wall B. Material o a c i a ¢ 5 5 rn C. Distance flvm IhWshoreVue IV. Intended Use of Project Area A. Private B. Coaanercial /• c ?} o t Date ' i(4L - 2 5 = V. Applicant Slgnatare J pLEA ANOTE THE M111?WJVG: • A COPY OF THE comPIETED APPLICATION W M A ROAD MAP SHOWING DWATION OF THE PROPERTY MUST BE SUBIVI rm TO: WAR1KYt;oRPS OF ENGINEERS, 151 PATTiONAVE - ROOM 208, ASHEVILLE, NC 28801-5006 2 COPIES OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABRM THE SHORELINE IIJ NORTH CAROLINA pRarOGRAPHS OF TIRE SHE TO BE STS. AND FIVE (S) COPIES OF THE COMPLETED -NC DIVISION OF WATER QUALITY PRs., NSTRwnw NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO: NC DIVISION OF WATER QUALITY A77ENTIONc• CYNDI KAROLY pARKyIEryBLUG., 2321 CRABTREEBLVD. RALEIGH, NC 27604 919-733-1786 D @ r0V`/? D 03/iI/0S GPAVLAKEMG ABILIZATION.b.27\STABIUZE\SHOP'UN.S rAB.NC.dce u M'I?LMPPM?ST AUG 2 8 2006 u r+l? w T6K UoLitt ppmo August 25, 2006 John Macemore, Boating Tech. Supervisor, Mt. Region North Carolina Wildlife Resources Commission 20830 Great Smokey Mt. Expy. Waynesville, NC 28786 Subject: Agent Authorization for Cedar Cliff Access Area at Cedar Cliff. Lake in Jackson County North Carolina East Fork Hydro Project - FERC No. 2698 Dear John, Duke Energy Lake services EC120 / PO Sox 1006 Charlotte, NO 28201.1006 This letter is provided to serve as the "Agent Authorization letter" to provide the NCWRC signature authority for the owner/applicant, that being Duke Power Company LLC, for upgrade work proposed at Cedar Cliff Access Area. The scope of work is for relocating the boat ramp at this access area to deeper water to better accommodate boat launching for the general public. It is understood this work will take place in the time period of October 2 to October 16, 2006. This authority is granted to assist the NCWRC in acquisition of necessary permits to satisfy Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 general Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules. Please keep Duke Energy informed of the progress of this project. You may call me a 704.382-8849 if you have any questions. All future correspondence on this subject should be addressed to: Joseph W. Carriker Duke Energy Lake Services - EC 12Q PO Box 1006 Charlotte, NC 28201-1006 Sincerely, 0 (Amwrvc:? Joseph W. Carrika, Senior Engineer Lake Services cc- Scott Jolley www. duke-energy. cam ** TOTAL PAGE.02 ** o ,i c-=.ZW? ( r y d, i \ \ eih - ?'L. Sem queen, Gap r. MOVAtarn r SHELTON MrN Alum Knob C` \ ti % 1 ` \ "ia ( h ? ? ? / ?,. J • I oww.rwo sw ? to 10 1 T ;'' ,1 •: • J' QAO~ 4, [..rroy?' ,? ?...r ?• ?,`? t ?J$i?... ' •,?.wweww arm w . 8.. \t Rich Mtn Gap/ ;• _ A." ? Panther ;l Knob t N \ .,''golly Middleton % .. - \\ P 7 .. 1• • •.• I M O U N T A DoubletoD -\ / ?Homyhead --•? ,-Q'. [t,ba? / Mtn `? Mtn u OV s\ (' \I J i - l l'i ? ?^• 'TtlC?aeegM ` cJ n, .' tb ' 1 % ;MINI IeM ? WT 171 ?+11 R.`ti 11 i Hgi t I! r? IHT iat3 + 2[M . _1 r Ced- Clip 1 ?. l rtkr ANT ;o» t ? - / -'? Y4•\'O M le 62 t ?ry 441 21wM1' G \7 + Cm Cedar Cliff f uM Wr itreo ?'• i1L y r ?` ,? Mtn ! . 7e23 ? sN ut) te>9 c7' ? A-IV ,r,IFroa ". 1 ? Itrtlbn Fl? tt, f! ? H tor. ? ' ? v.,• /•'-kk°°..\1 eM tAifl6>?6' rr i 1• !{ ` J r r !. 7 / zitti"r lest.. S +re ?1 y 1 ?1 I?kee Gr Top -{? I?4M \ •11 /? (? ? I* _, Irt' ? y r ?r ' rr:,l?/1 ? '?\\ rw?\ ,?, h \__ r ¢. ) l y Ih> rgti : HIWt Top %? z nr t[ca I M,ur' Bull Gap ' : ? / r 9'• -?? /' t ; ? , I ??IJ .Uw.c r..K, rrr ? Pr % i V•Yr Z 1. (? n t a In ( t MO. l trolley ! illy F.11 F J n? Sig Knob t i \ Cliff -''.?•\ ,?. i v:?: •''.)(, rx _`?_?^J ,' s y I patonw dpP l tt)e ally ; 1 ' Rife ob ' ? ueaar uirt L.aKe Boat Kamp Page 2 or 2 0 (J Ram P ? 4 poe, f? n/c tj ganor poc K Cedar Cliff Lake Boat Ramp From junction of NC107 S & NC281 S. Take NC107 S for 0.1 miles turn let onto SR1135 (Shook Cove Rd). Go 3.3 miles turn left onto area. 8/25/2006 C, ),,,/ Cf;6( l 4?C? I f f lur??? m I:., 1 ? pa, k, M) area. Office Use Only: Form Version May 2002 DWQ No. 2 0 0 6 1 40 1 USACE Action ID No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 1982000030 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? H. Applicant Information a[9@[15W[A D 1. Owner/Applicant Information AU 6 2 8 2006 Name: Duke Power Mailing Address: Lake Management Section - EC12Q o PO Box 1006 Charlotte NC 28201-1006 Telephone Number: (704) 382-8849 Fax Number: E-mail Address: jwcarrik(Oduke-energy com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Jeff Ferguson Company Affiliation: North Carolina Wildlife Resources Commission Mailing Address: 1720 Mail Service Center Raleigh NC 27699-1720 Telephone Number: (8281452-0422 ex:28 Fax Number: (828)-452-2307 E-mail Address: john macemoreOmwiidlife org Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Cedar Cliff Lake Renovation. 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Jackson Nearest Town: Sylva Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.):._. From junction of NC1077 S 8 NMI S. Take_14C107B for-4J miiLes_turn Ieftonto SRI 135 (Shook Cove Rd). Go 3.3 miles turn left onto area. 5. Site coordinates, if available (UTM or Lat/Long): N35" 14"45,9" W83" 05" 19.3" (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): - 7. Nearest body of water (stream/river/sound/ocean/lake): Cedar Cliff Lake 8. River Basin: Little Tennessee (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at ) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Existing public boating access area managed by NC Wildlife and Duke Power. Move ramp over 30' into dggptrwater. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Replace existing_m with one into deeper water. Will use a track hoe to place class B rip rap on both sides of the r4M and at the bottom Use a grader to smooth and place gravel under the concrete and hand tools to place the concrete 11. Explain the purpose of the proposed work: To r?Rublic access to the lake. III. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. We have in thg mast removed sift washed in by mmojor storms from tht end oft the ramp. IV. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. We will most likely need to remove silt from major storms. V. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: _ Class B rip-rap will be placed along the sides and at the bottom of the ramp about 45 ton. About 20 yards of concrete for the ramp. The ramp will be 14'W x 55' L.: and a floating dock will be added next to the ramR. Page 7 of 12 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within 100-year Floodplain** es/no Distanceto Nearest Stream linear feet Type of Wetland*** n/a __1__J- L... .. ....s 1:..,.:1..7 r....n w4-;7PA C!P-gAno orndinp- fill. * List each impact separately and identify temporary impud& ,ugxu3 up-, vu. •••••.•r......... _ _- --- excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 1/5 acre. Total area of wetland impact proposed: 0 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leases eci n/a * List each impact separately and identify temporary Impacts. ?mpacts tncmae, our are not umwu w: taurc,?a anu dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net losstgain), stabilization activities (cement wall, rip-rap, crib wall, gabions, eta), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. *# Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at Several internet sites also allow direct download and printing of USGS maps (e.g., , etc.). Cumulative impacts (linear distance in feet) to all streams on site: 0 Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact* Area of Imp act acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond' estuary' sound, ba , ocean, etc. 1 Rip-rap below NFP 0.1 Cedar Cliff Lake Lake -?--?_ ?... .. ,.. 1: :*-A .... All --vafinn drMainQ_ * List each impact separately and identify temporary 1mpaas. lmpacts Inumuc, uuu M%, 11w ••••?•?w • .., °?- -? flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VI. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. VII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at . If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres):. Amount of Coastal wetland mitigation requested (acres): VIII. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ? Page 10 of 12 If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at 919) 733-5083 to review current thresholds for environmental documentation. Yes [J No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. Page 11 of 12 X. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. XI. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact peng application? Yes ? No XM. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Duke Energy has scheduled a draw-down to do some work on their dams from October 2 through October 24 2006 This will provide us time to out in a new ramp without water covering the pr41ect area. -recd 5'&,!pely;4ai/ CL4, 15" 2196 Appliicadt/Agent's Signature - Rate (Agent's signature is valid only if an authorization letter from the applicant is provided.) With NC Wildlife Resources Comm. 828-452-0422 ext:28. Page 12 of 12 Orm"w9yo August 25, 2006 John Macemore, Boating Tech. Supervisor, Mt. Region North Carolina Wildlife Resources Commission, 20830 Qroat Smokey Mt. Expy. Waynesville, NC 28786 Subject: Agent Authorization for Cedar Cliff Access Area at Cedar Cliff Lake in Jaekson? County North Carolina East Fork Hydro Project - FERC No. 2698 Dear John, Duke Energy Lake Serriccs EC120 / PO Box 1006 Cnarotee, NC 28201.1006 This letter is provided to serve as the "Agent Authorization letter" to provide the NCWRC signature authority for the owner/appl7icard, that being Duke Power Company LLC, for upgrade work proposed at Cedar Cliff Access Area. The scope of work is for relocating the boat ramp at this access area to deeper water to better accommodate boat launching for the general public. It is understood this work will take place in the time period of October 2 to October 16, 2006. This authority is granted to assist the NCWRC in acquisition Ofnaccssarypermits to satisfy Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 general Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules. Please keep Duke Energy informed of the progress of this project. You may call me a 704-382-8849 if you have any questions. All future correspondence on this subject should be addressed to: Joseph W. Carriker Duke Energy Lake Services - EC 12Q PO Box 1006 Charlotte, NC 28201-1006 Sincerely, ??? Joseph W. Carrika, Senior Engineer Lake Services cc: Scott Jolley www.dake-caur4gy.com ** TOTAL. PAGE .02 ** Knob ' rows Sam Queen .. - Gap Mountain C-4, SHELTON Mry c;nnry F -k Alum Knob 's �\ d .••. lam. �• Alyn rtr eANMO •IA�.'DO.. �. Y M ••��,� .I r � /•\ �� -/ -. Rich Mtn Gap,– la I , Bbary 1 ' A. Panther Knob / •� .• / –` — \ t tA \ .% filly Middleton j• M O U N T A --Double" top •-^� \ p 1 �Mennyhead -\ �'–• i Mtn .....- .. if s 'Tuckwam –tell Lilt 1 Wo) 44 .. •f . �•�,,BM LHT 1741 I IlT Ib74 •' / ..I I nsX001f O[M /. �+ ii: I I �JMY•�/IT 1417 ' / i le Lill li,il 'IC.ka.rclM Cedar Cliff r�w�rltl6no F% t .� Mtn .` ' - •. ek lHl 1679,.. JFW t as I.�.(r. y. C' Wit- Rocky PMM Mon" , ' BM I wit') 4, .. 0141HT 1647ji 771A Glelt=Y-fiC,t.AyAK:6fi egwnr 1,44 troa '- High Top Bull Gap a m Gunk t.nrt„ z c640 .1 , O o� Lizzle Mountain• O Bell Coney F. . Mtn • ,p Ci, • 13" \ .. A o.r.. Dig Q- Pall. ,,;it O clot Mtn o^ �' -- For if Y \ Ohloh CII . -, Big Knob Ucar Knob , � gg 3'f Soapstone ROW RIA Rklsa•.`• .�,rro Raven Knob Littlo PMin ` 1, Uedar 0;1111: LaKe Boat Kamp rage z oz z (J RTO, f q J)Oc Cedar Cliff Lake Boat Ramp From junction of NC107 S & NC281 S. Take NC107 S for 0.1 miles tum let onto SRI 136 (Shook Cove Rd). Go 3.3 miles tum left onto area. 8/25/2006 Ce da i C f, •F(- L .,h n /?f f l o t{ 0fJ /v,e -W Rao f n?rh Parea Office Use Only: Form Version May 2002 USACE Action ID No. DWQ No. 2 0 0 6 1 4 0 1 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. II. Processing 1. Check all of the approval(s) requested for this project: ? Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 1982000030 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? Applicant Information 1. Owner/Applicant Information Name:_ Mailing aRVAMAN AUG 2 8 2006 PO Box 1008?r'w''3''-'",TS. ,.. Charlotte. NC 28201-1006 Telephone Number: (704 382-8849 Fax Number: E-mail Address: iwcarrikOduke-energy.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Jeff Ferguson Company Affiliation: North Carolina Wildlife Resources Commission Mailing Address: 1720 Mail Seivice Center Raleigh. NC 27699-1720 Telephone Number: (828) 452-0422 ex:28 Fax Number: (828)-452-2307 E-mail Address: john.macemor .ncwildlife.org Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Cedar Cliff Lake Renovation 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Jackson Nearest Town: Sylva Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.):_. From junction of NC107 S $ NC281 S. Take NC107 S for 0.1 miles turnJeft_ont4$R11.35_(Shook Cove Rd)s_Go_3,Smiles turn left onto area, 5. Site coordinates, if available (UTM or Lat/Long): N35" 14"45,9" W83" 05" 19.3" (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): - 7. Nearest body of water (stream/river/sound/ocean/lake): Cedar Cliff Lake 8. River Basin: Little Tennessee (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at ) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Existing {public boating access area managed by NC Wildlife and Duke Power. Move ramp over 30' into deepgr water, Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Enlace existing,, raulp with one into deeper water. Will use a track hoe to place class B rip ran on both sides of the ramp and at the bottom Use a grader to smooth and place gravel under the concrete and hand tools to place the concrete. 11. Explain the purpose of the proposed work: To provide public access to the lace III. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. We have in the oast removed silt washed in by major storms from the end of the rpmR. IV. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. We will most likely need to remove silt from major storms V. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Class Brlp-rap will be placed along the sides and at the bottom of the ramp about 45 ton gout 20 yards of concrete for the ramp The ramp will be 14'W x 55' L.: and a floating dock will be added next to the ramR. Page 7 of 12 2. Individually list wetland impacts below: Wetland Impact Site Number indicate on ma Type of impact* Area of Impact acres Located within 100-year Floodplain** es/no Distance to Nearest Stream linear feet Type of Wetland*** n/a ..,._J. i.w ..-.......s t:...Nsa }n• m.. nr,a.n;.M Arin0_ vradlfle_ MI. * List each impact separately and idav* temporary impacts. unpa4as unauuc, anu ? G uva uuuaw w -...an as - - excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structwe and flooding. +* 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodpWn maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at "** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 1/5 acre. Total area of wetland impact proposed: 0 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? lease specify) n/a * List each impact separately and identify temporary impacts. Impacts include, but are not hmrted to: culverts and associated nt.-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/pin), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at Several internet sites also allow direct download and printing of USGS maps (e.g., , etc.). Cumulative impacts (linear distance in feet) to all streams on site: 0 Page 8 of 12 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: e of Wat T Open Water Impact Site Number indicate on rn ap) Type of Impact* Area of Impact acres Name of Waterbody (if applicable) yp my, sound (lake, pond' estuary' so, bay, ocean, etc. 1 Rip-rap below NFP 0.1 Cedar Cliff Lake Lake drMtaiT10_ List each impact separately and identity temporary lmpacm unpaus iuduuc, UM We ..w ................... .° ..- _--, ---o- flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VI. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. VII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. n/a 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at . If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): VIII. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ? Page 10 of 12 If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No 0 If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. n/a Page 11 of 12 X. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. XI. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XI!:II. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Duke Energy has scheduled a draw-down to do some work on their dams from October 2 through October 24, 2006 This will provide us time to put in a new ramp without water covenng the project area ' 20a Applicavit/Agent's Signature " hate (Agent's signature is valid only if an authorization letter from the applicant is provided.) With NC Wildlife Resources Comm. 828-452-0422 ext:28. Page 12 of 12 Ate. August 25, 2006 John Macemore, Boating Tech. Supervisor, Mt. Region North Carolina Wildlife Resources Commission 20830 Gnat Stookey Mt. Expy. Waynesville, NC 28786 Subject: Agent Authorisation for Cedar Cliff Access Area at Cedar ClitfLaka in Jackson County North Carolina Fast Fork Hydro Project - FERC No. 2698 Dear John, Duke EMr& take services EC 190 / PO Box 1006 CnaAolM, NC 28201.1006 This letter is provided to serve as the "Agent Authorization letter" to provide the NCWRC signature authority for the ownerlapphcant, that being Duke power Company LLC, for upgrade work proposed at Cedar Cliff Aerie Area. The scope of work is for relocating the boat ramp at this access area to deeper water to better accommodate boat launching for the general public. It is understood this work will take place in the time period of October 2 to October 16, 2006. This authority is granted to assist the NCWRC in acquisition ofnocem mrypermits to satisfy Section 404 aml/or Section 10 Natioawide, Regional and General Permits, Section 401 general Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules. Please keep Duke Energy informed of the progress of this project, You may call me a 704.382.8849 if you have any questions. All future correspondence on this subject should be addressed to: Joseph W. Carriker Duke Energy Lake Services - EC 12Q PO Box 1006 Charlotte, NC 28201-1006 Sincerely, "' ? '?? v Joseph W. Carriker, Senior Engineer Lake Services cc. Scott Jolley www.duke-eitorgy.com ** TOTAL PAGE-02 ** ' - 1 9 " x j? t Tt (+ Rena Kno ' ( •'ce.w. ? ' ? ( ? MOUntsin SHELTON OWN 1 r ?' Alum Knob .- ?'*t Carty ` A AV Ilk" or. 1•' _ r? ?~? .&awck 1 Panther ?_ . . Knob /• /? r• - , ?,?.' , \ M U ?d p Middleton O 77 \ J `\ Hornyheat Afdo4pr ' .. J Do Mtn bletop Mtn -? \ / - T Y3 i' ~jft r `t °' e hr?? R I V E R T III 2404 Lak f Mil? 52 Uap 1641 t21q -I- .rte, v s t' t ccra cm Cedar CIIH I ` FbN rlt law Mtn a6z o nd[N J JJ ??L .I f 1 I , l a t '? '? i 9M Un 1679 Ile dh;7s /n •' ( i - Inelae Plaro Ma fm - j J J t >anixtffe ? o r I rc?' 2"3 ?.,,.. ryr, R i 1 l d' ?• f f: tit teep - 'r ` RYJ6L• ?/' \? , ".y ,r'i mj ... Op 1.Q 1 1?4? i 5" ` l g r" * ',;; '? ? ? ,/ ?? ?.? .? - a ) 1j • ?. , „/ r ?.? , , ::. ? ? ? .?'-may r Ry High Top ziwltttaa Bull GaP. rr; auwac 7h w? { • `KTA* - 1/ t I y, z 1t 41t,? Llzzie Mount o ?, ern ti (: a. 1. Bell Coley j n ! . Mtn Cr 111\\x. .. \ / - i 1 d 1 C {' ?. % Oxim Cliff 4q- O ) 4 , r I.' , r1,: lot MFrf 81«Knob \ ?? , V 7 r• ?f+r _-v' BNr((nob Sohpatone Rldgr II • ?' Haven Uttle plot Knob rvwycov" nn,. I I I Cedar 0;111t Lake Boat Kamp Cedar Cliff Lake ] From Junction of NC107 S & NC281 S. Take NC107 S for 0.1 3.3 miles tum left onto area. 8/25/2006 rage L of z ,O (d R? P 4A A/c 0 JOO Ramp s tum let onto SRI 135 (Shook Cove Rd). Go Cedrui CI'A' L,ke_ yz n ?Nev f fo, {:q? ILIe -? R a ??? n-t k SfeP p° "' -- rjoc Est-1? po"k;mj afeq,