20050664 Ver 1_Complete File_20050418

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Michael F, Easley, Governor

William G, Ross .rr,. Secretary
North Carolina Department of Environment and Natural Resources

Alan W, Klimek, P.E. Director
Division of Water Quality

May 10, 2005

DWQ Project # 05-0664
Burke County

Robert Caccia
Duke Energy Corporation
Post Office Box 1006
Mail Code: EC11 E
Charlotte, NC 28201-1006

Subject Property: Johns River Boating Access Area Upgrade

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Caccia:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact .0275 acres of waters for the purpose of
boating area access upgrade at the subject property, as described within your
application dated April 18, 2005 and received by the N.C. Division of Water Quality
(OWQ) on April 22, 2005. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3492 (GC3492).
The Certification(s) allows you to use Regional Permit(s) 198200030 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 buffer 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 and design that you described in your application. If
you change your project, 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:

1. Impacts Approved

N~1fuCarolina
/Volllrnlly

401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lnternet: hltO://h2o,enr,state,nc,us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

UUKi: tnergy CorporatiOn
Page 2 of5
May 10,2005

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:

Waters

Plan Location or Reference

Lake Rhodhiss

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.

4. No Sediment & Erosion Control Measures win 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

UUKe energy Corporation
Page 3 of5
May 10, 2005

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/VVetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.

6. Diffuse Flow

All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before discharging into a waters. 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.

7. Protective Fencing

The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material).

8. Catawba Buffer Tree Protection

No trees shall be removed from Zone 1 of the Catawba Buffer unless they are
directly within the construction access corridor. If trees are removed, forested
vegetation shall be re-established within the construction access or other
temporary impact area occurring in the protected buffer zone within the next
growing season following construction of the project.

9. Grading and Revegetation within Zone 2

The plans provided along with the application depict grading activities within
Zone 2 of the protected buffer. This activity is designated as "exempt" under the
Buffer Rule provided that fill is not placed in Zone 1, diffuse flow is maintained as
per the Buffer Rule, the disturbed areas are stabilized and revegetated, and the
health of the existing vegetation in Zone 1 is not compromised.

10. Burke County Catawba Buffer Ordinance

The proposed project must comply with the Burke County local riparian buffer
ordinance approved by the Division of Water Quality under the Catawba River
Basin: Protection and Maintenance of Existing Riparian Buffers, 15A NCAC 02B
.0243(b).

Uuke energy Corporation
Page 4 of 5
May 10,2005

11. Turbidity Standard

The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.

12. No Impacts Beyond those in Application

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.

13. No Sediment and Erosion Control Measures in Wetlands

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 or locally delegated program has released the project.

14. Construction Stormwater Permit NCGO 10000

Upon the approval of an Erosion and Sedimentation Control Plan issued by the
Division of Land Resources (DLR) or a DLR delegated local erosion and
sedimentation control program, an NPDES General stormwater permit
(NCG010000) administered by DWQ is automatically issued to the project. This
General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation
control plan, self-monitoring, record keeping and reporting requirements are
required. A copy of this permit and monitoring report forms may be found at
http://h2o.enr.state.nc.us/su/FormsDocuments.htm.

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.

- -...... ............... oJ "'-'VI tJV1 ULiUll

Page5of5
May 10, :?O05

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.

This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville
Regional Office at either [e-mail] or 828-296-4657.

Sincerely,

~~dt Ec4ctLCi4-./n

Alan W. Klimek, P.E., Director
Division of Water Quality

AWKlkhb

Enclosures: GC 3492
Certificate of Completion

cc: USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 05-0664. LakeRhodhissBoatRampUpgrades. Bu rke.Approval

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
WQ Supervisor:
Date:

Barnett. Kevin
Rngp.r Frfwrlrrfs

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name Johns River Boating Access Area Upgrade c/o Duke
Project Number 05 0664
Recvd From APP

County Burke
County2
Region Asheville

Received Date 4/18/05
Project Type Ramp upgrade

Recvd By Region

Certificates

Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index

Stream
Class

Prim. Supp.

Acres
Basin Req.

Feet
Req.

1 GP30 I IOY @N 1 111-(34.5) I \VSIV I CA 130,831. I I
I I IOY ON I I r--I I I I

Mitiqation
MitigationType

Wetland
Type Acres

Feet

r

Is Wetland Rating Sheet Attached? 0 Y @ N Did you request more info? 0 Y @ N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y @ N
Is Mitigation required? 0 YON Recommendation: 0 Issue @ Issue/Cond 0 Deny

Provided by Region: Latitude (ddmmss) 354736 Longitude (ddmmss) 814037

Comments:
Issued ARC - KHB - 05/10/2005

cc:

Regional Office
Central Office

Page Number 1

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"

g North Carolina Wildlife Resources Comlnission EJ

Richard B. Hamilton, Executive Director

MEMORANDUM

FROI\f:

Stcvc Chapin, Pcnnil Coordinator
Asheville Office. U.S. Army Corps of Engineers

Ron Linville, Regional Coordinator !iW

m[g@[gUW,1@

APR 2 7 2005

TO:

Habitat Conservation Program

\',Ht.2~f1:~\~'I~'~~'~! .U/~LlT.,
""'"I1T c:R Srv" ;,,;'

DATE:

April 20, 2005

SUBJECT:

Rcvicw of an applieation for Jolms River Access Area Upgrade, Duke Energy, Lake Rhodhiss,
Catawba River, Burke County

Duke Energy is requcsting a letter of concurrence from the North Carolina Wildlife Resources Commission
(NCWRC) to oblain a .to-l pcrmit from the U.S. Army Corps of Engineers. The NCWRC has revicwed infonnalion
providcd by the applicant, and field biologists on our staff arc familiar with habitat values of thc project area. Thcsc
commenls arc providcd in accordancc with provisions of the C1can Water Acl of 1977 (33 D.S.C. .t66 et. seq.) and
the Fish and Wildlife Coordination Act (.t8 Stat. -l01, as amended; 16 D.S.C. 661-G67d).

The project involves upgrading the access area to specifications filcd FERC CatawbafWaterce Project on July 30,
2001 in Duke Power's Shoreline Management Plan to meet current and future recreational needs. Specifically, the
project will replace an existing boat rJmp and pier plus pavc a gravel drivc and cxpanded parking area. Thc parking
lot will acconullodate fiflccn (15) car/trailers and six (6) cars. Sheel flow will be encouraged in the final project
whcre feasible according to the submittal.

Based on the information provided and our knowledge of the project area, we do not believe this project will causc
significant effects to waters; therefore, w'c will not object to the project as proposed providing concrete work will bc
accomplished so that wet concrete docs not contact lake water and stringent erosion control measures will be
installed and maintained wherc soil is disturbed. Low Impact Development (LID) techniques arc encouraged.
Information on LID practices and mcasures can be found at \\\\ \\,lo\\i1lljJ:1Cldc\clojJIIlClll.or~, Where practicable
and feasible, project proponents should consider installing Duke Power Fish Friendly pier structures and providing
an Amcricans with Disabilities Act (ADA) access if appropriate for tltis access upgrade. Catawba River buffcrs
should be provided where required by local and/or state regulations.

Thank you for the opportunity to review and comment on tltis project. If you have any questions regarding tllese
comments, please contact me at 336/769-9.t53.

Cc: Robert W. Caccia, Duke Power

Mailing Address: Division of Inland Fisheries · 1721 Mail Service Center · Raleigh, NC 27699-1721
Telephone: [phone] . Fax: [phone]

Triage Check List

Date: 4/20/05 Project Name: Johns River boating Access area upgrade
DWQ#: 05-0664
Kevin Barnett, Asheville Regional Office County: Burke

To: 60-day Processing Time: 4/18/05 to 6/16/05

From: Cyndi Karoly Telephone: [phone]

The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.

D Stream length impacted
D Stream determination
D Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
D Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
D Pond fill
D Mitigation Ratios
Ditching
D Are the stream and or wetland mitigation sites available and viable?
D Check drawings for accuracy
D Is the application consistent with pre-application meetings?
Cumulative impact concern
D
D
D

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 teclmical 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!

Dulce
!Power@
April 12, 2005

PROCUREMENT, CONSTRUCTION AND EH&S

Mr. John Dorney
North Carolina Department of Environment,
and Natural Resources
Division of Water Quality/Wetlands/401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

Duke Power
526 South Church St,
Charlotte, NC 28202

Mailing Address:
EC11E / PO Box 1006
Charlotte, NC 28201-1006

Subject:

m&@@ow@@

APR 1 8 2005

Duke Energy - 401 Water Quality Certification Reques\. DENR - WATER
Johns River Access Area upgrade on Lake Rl10dhiss ''ETWJDSNiDSTORJ,n~~Jl~;Qj

Dear Mr. Dorney:

Duke Energy is applying for General Permit 198200030 from the Army Corps of Engineers for
upgrading the existing lake access area located on Lake Rhodhiss. This letter is requesting 401
certification for activities associated with this construction. The Johns River Access Area is
located in Burke County.

This site is required to comply with the Catawba-Wateree license issued by the Federal Energy
Regulatory Commission (FERC), particularly the license requirement to ensure that growing
needs for adequate public recreational access are met. This work is being performed to improve
existing conditions and satisfy commitments in the 2001 Catawba-Wateree Shoreline
Management Plan. The plan meets FERC requirements and was formulated after consultation
with resource agencies including the U.S Fish & Wildlife Service and the North Carolina Wildlife
Resources Commission.

The existing project footprint is nearly identical to the final footprint. The current boat ramp will
be removed and replaced with a new ramp that will allow access to deeper water. See the
attached project descriptions and drawings for additional details regarding storm-water controls.
The project includes the following elements to reduce the impacts of construction and operation:
. The use of asphalt curbing is minimized to encourage sheet flow off the edge of the
parking area or grassed areas.

As required, please find seven (7) copies of the 'Pre-Construction Application Form' including a
package that provides the project description, associated maps, drawings, and a list of property
owners needed to process and issue a permit for this work. A check in the amount of $200 is
enclosed to cover the 401 permit fee. Should you need additional information, please contact me
at [phone].

Sincerely,

~,~

Robert W. Caccia
Environmental Support

Attachments: 7 - Pre-Construction Application Forms with project description package,
$200 check for application fee (# 0002034428)

l'i\I'W, dukepoller, com

~rnl@~UW[bj~

APR 1 8 2005

Office Use Only:

U!:.NK. Y
r;ETlJJlDS NIO STDRU/lATER nRAllCH

Foml Version May 2002

USACE Action ID No. D\VQ 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 ~
D Section 10 Permit D
~ 401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ

qPjo
2. Nationwide, Regional or General Permit Number(s) Requested: 198200030

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: D

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: D

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: D

II. Applicant Information

1. Owner/Applicant Infonllation
Name: Duke Energy Corporation Tn c/o Robert W. Caccia
Mailing Address: PO Box 1006 Mail Code: EC 11 E
Charlotte, NC 28201-1006

Telephone Number: 704 382-3696 Fax Number: 704 382-9840
E-mail Address:[e-mail]

2. Agent/Consultant Infornlation (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:

Telephone Number:
E-mail Address:

Fax Number:

Page 1 of 8

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 infoffi1ed that
the project has been placed on hold until decipherable maps are provided.

1. Name ofproject: Johns River Boating Access Area UPGRADE

2. T.I.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN): 270500644304

4. Location
County: Burke County Nearest Town: Morganton
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): From I 40 West take the
Morganton Exit (Hwy 18 North) and cross the Catawba River north of Morganton and
continue north approximately 2 miles until you go over the John's River. The boat landing is
o[[to the right.

5. Site coordinates, if available (UTM or Lat/Long): Lat 354736 N Long 81 4037 W
(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): 1.8

7. Nearest body of water (stream/river/sound/ocean/lake): Lake Rhodhiss

8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h20.enr.state.nc.us/admin/maps/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: see attached description

Page 2 of 8

10. Describe the overall project in detail, including the type of equipment to be used: See the
attached description, one of several of each of the following types of equipment
could be used: bulldozers, backhoes. dump trucks, grading equipment. cranes, tractors,
concrete trucks, and/or paving equipment.

11. Explain the purpose ofthe proposed work: This access area is being upgraded to help
ensure that the existing and future recreation needs of the FERC Catawba/Wateree Proiect
are addressed. Intentions to complete this specific proiect were noted in the commitments
filed on July 30,2001 in the Shoreline Management Plan for the Catawba/Wateree Proiect.

IV. Prior Project History

If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ill 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 infom1ation. 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.

V. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
FERC requirements for public access will most likely dictate that this remain a public access
area, upgrades to the facilities are a potential for future permits

VI. Proposed Impacts to Waters of the United States/\Vaters 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

Page 3 of 8

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: Minimal impact expected to the
Lake. replacement of one existing boat ramp and pier and paving currently gravel entrance road
and parking lot. surface run off will be controlled during construction and sheet flow will be
encouraged on the final project.

2. Individually list wetland impacts below:

Wetland Impact Area of Located within Distance to
Site Number Type ofImpact* Impact I DO-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)
None impacted

List each impact separately and identify temporary impacts. Impacts inelude, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergeney Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Scrvice Centcr at 1-800-358-9616, or
online at http://www,fcma,r:ov.
List a wctland typc that bcst dcscribes wctland to be impactcd (e.g" frcshwatcr/saltwatcr marsh, forcstcd wctland, bcaver pond,
Carolina Bay, bog, cte.) Indicate if wetland is isolated (detennination of isolation to be made by USACE only).

*

***

List the total acreage (estimated) of all existing wetlands on the property: None
Total area of wetland impact proposed: None

3. Individually list all intermittent and perennial stream impacts below:

Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intennittent?
(indicate on map) (linear feet) Before Impact (please specify)
None impacted

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (inelude linear fcet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing thc linear footprint for both the original and relocated streams must be ineluded.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream namcd stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www,usr:s,r:ov. Several internet sites also allow direct download and printing of USGS maps (e.g., wWW.toP070ne.eom,
www.mapQtlest.com. etc.).

*

Page 4 of 8

Cumulative impacts (linear distance in feet) to all streams on site: None

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 Area of Name of Water body Type of Water body
Sile Number Type ofImpact* Impact (lake, pond, estuary, sound,
(indicate on map) (acres) (if applicable) bay, ocean, etc.)
1 Construction impacts Lake Rhodhiss Lake
1 Fill for boat ramp base Lake Rhodhiss Lake
and ramp itself

*

List each impact separatcly and identify temporary impacts. Impacts include, but arc not limited to: fill, cxcavation, drcdging,
flooding, drainage, bulkheads, ete.

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): D uplands D stream D 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:

VII. 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.
This access area is being upgraded to help ensure that the existing and future recreation needs
of the FERC CatawbalWateree Proiect are addressed. Intentions to complete this specific proiect
were noted in the commitments filed on Julv 30,2001 in the Shoreline Management Plan for the
CatawbalWateree Proi eel.

VIII. 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

Page 5 of 8

freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Pennits, 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
http://h20.enr.state.nc.us/ncwetlands/strm gi de. htm 1.

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.
No proposed mitigation

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
[phone] 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 http://h20.enr.state.nc.us/wm/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:

Anlount 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):

Page 6 of 8

Amount of Coastal wetland mitigation requested (acres):

IX. Environmental Documentation (required by D\VQ)

Does the project involve an expenditure of public (federaVstate) funds or the use of public
(federal/state) land?
Yes D No ~

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP A/SEP A)?
Note: If you are not sure whether a NEP A/SEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes D No D

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.
Yes D No D

X. Proposed Impacts on Riparian and \Vatershed Buffers (required by D\VQ)

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
(Neuse), 15A NCAC 28 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify Catawba-Wateree )
Yes D No ~ If you answered "yes", provide the following information:
This is and uP2rade to an existin2 facilitv.
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 Multiplier Required
(square feet) 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.

Page 7 of 8

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.
This proiect is an upgrade of an existing public boat launch area. This access area is being
upgraded to help ensure that the existing and future recreation needs of the FERC
Catawba/Wateree Proiect are addressed.

XI. Stormwater (required by D\VQ)

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.
Currently graveled road access and parking area will be expanded slightly and paved. The final
lot will accommodate 15 car/trailers and 6 car parking spaces. The total property size is 1.8
acres. Runoffwill be discouraged by promoting sheet flow where feasible.

XII. Sewage Disposal (required by D\VQ)

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.
No wastewater will be generated at this facility, it is a boat launching area only

XIII. Violations (required by D\VQ)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes D No [2J

Is this an after-the-fact permit application?
Yes D No [2J

XIV. 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 ofthe applicant's control).

f4'~ 4 !Lt.-

ApplicanUAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

4/0(or

.

Page 8 of 8

DUKE POWER
JOHNS RIVER ACCESS AREA
PROJECT DESCRIPTION
March 1, 2005

Duke Power, a Duke Energy Company, proposes to improve the Johns
River Access Area provided for the general public at the Lake
Rhodhiss Hydro Project. The project is located in Burke County,
North Carolina where NC Hwy 18 crosses the Johns River a few
miles north of Morganton, North Carolina. site is located at
Latitude 35 47 36 N / Longitude 81 40 37 W. The USGS Quad sheet
for this location is Morganton North.

CURRENT CONDITION OF SITE
The existing site has a gravel parking lot, gravel entrance road,
1 boat ramp and a wooden pier.

PROPOSED DEVELOPMENT
Remove existing ramp and old pier, install 1 new boat ramp, 1
loading pier, pave entrance road, pave existing parking area to
accommodate 15 vehicle/trailer parking spaces, 6 car parking
spaces and add lights to parking lot. Construction activities are
planned to start in the summer of 2005.

The scope of this project will include:
_ Installation and removal of erosion control devices
Removal of existing boat ramp and wooden pier.
Clearing and removal of debris as necessary to accommodate
proj ect layout.
Paving of parking lot to contain 15 vehicle/trailer parking
spaces and 6 car parking spaces. Existing parking area will be
expanded slightly, graveled and paved to sustain light duty
traffic. Asphalt curbing shall be placed along the turnaround
area. Parking lot will be designed to allow sheet flow to run
across adjacent vegetated areas.
Preparation of ramp bed for (1) 75 foot long boat ramp with
class B riprap (five inch to 15 inch diameter stone).
Installation of (1) 75 foot concrete boat ramps. Ramps expected
to be constructed of 7 inch thick reinforced concrete mat with
curbing to specified dimensions.
Installation of 20 foot wide by eight inch thick concrete apron
to adjoin boat ramps with concrete curb extending from ramp to
edge of concrete apron.
Installation of (1) 64 foot long loading pier and concrete pier
abutments for access. pier shall be located between the
concrete ramps. The North Carolina Wildlife Resources
Commission will provide materials and labor for installation
of pier.
Finish grading and grassing and/or rDcking of edges along
entrance road and parking lot, shoreline and other structural
components to establish natural erosion control.
Installation of FERC regulatory signs.

PROJECT TITLE
JOHNS RIVER ACCESS AREA
PROJECT LOCA liON
IlURKE COUNTY
REVISION APPLICANT
DATE INITIALS DUKE ENERGY CORPORA TION
DATE: SCALE:
March 1, 2005 /JON t
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PROJECT TITLE
JOHNS RIVER ACCESS AREA

PROJECT LOCATION

BURKE COUNTY

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DUKE ENERGY CORP
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PROJECT LOCATION
BURKE COUNTY
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Johns River Access Area - Dredge Quantities

Soil at top of Ramp Area - 50 Cubic Yards

PROJECT TITLE
JOHNS RIVER ACCESS AREA
PROJECT LOCATION
[JURKE COUNTY
REVISION APPLICANT
DATE INITIALS DUKE ENERGY CORPORATION
DATE: Sc:J;:
March 1, 2005 ctJrf
APPLICATION # I ~HEET #
1 () 0;: I?.

Johns River Access Area - Adjacent Property Owners

1. Crescent Resources, Inc
PO Box 1003
Charlotte, NC 28201

2. Property on other side of NC Hwy 18
M C Dixon Family Partnership
PO Box 280
Eufaula, Alabama 36072

PROJECT TITLE
JOHNS RIVER ACCESS AREA
PROJECT LOCA nON
BURKE COUNTY
REVISION APPLICANT
DATE INITIALS DUKE ENERGY CORPORA TION
DATE: SCALE:
M,]rdl 1, 2005 ' Ih,-J (,
APPLICATION # SliEET # I
1 II c;:. '2.

Johns River Access Area - Tax Parcel Data

Burke County, North Carolina
PIN 270500644304

PROJECT TITLE
JOHNS RIVER ACCESS AREA
PROJECT LOCATION
BURKE COUNTY
REVISION APPLICANT
DATE INITIALS DUKE ENERGY CORPORA TlON
DATE: SCALE:
Morch 1. 2005 NurJlf
APPLlCA TION # SHEE T #
1 1'2. 0 r:: 1"1..

04/08/2005

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I nvoice Date>} I rtV()ic~N4f1'lJ:)~riV()U~tierl[j< Gr()$S8rT1()Mnt'

04/07/2005 04070520000NC 00047930
401 WATER QUALITY PERMIT-JOHN'S RIVER ACCESS-RHODHISS

200.00

Y - I 2 .-- D.s

Vendor:

0000071960

Vendor Name NCDENR

0002034428

"
Discount Available Paid Amount
200.00

Total Paid Amount

200.00

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