HomeMy WebLinkAbout20061401 Ver 1_COMPLETE FILE_20060828w A .,
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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
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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 !
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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
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Subject: NC E-Pay Remittance Advice
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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.
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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
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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
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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
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2006
DEr-tk • WAKE' 01JAI-ITY
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• 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
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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 **
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Page 2 or 2
0 (J Ram P
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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 **
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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
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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 **
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8/25/2006
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