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Home My WebLink About20071868 Ver 3_401 Application_20090809 m. ONI (Ol\II'AN\ .ulIlI_mll1E'BJ/~~ ~l~@ ~/Jnn;" 4UI' l.Vi..!.$', ';-:-, .lJ I "1/,.1' ~lu~~\'Il", J 20a '.,,' -~..:...}....-!fr. '9 WJ{! s~'! Qf1. . '~~/ly ,~ HRI~. August 20, 2009 Ms. Amy Chapman North Carolina Division of Water Quality River Buffer Division Mail Service Center 1650 Raleigh, NC 27699-1650 Subject: Duke Energy Carolinas, LLC - Bridgewater Powerhouse Construction Project - Buffer Impact Modification Requ.est (FERC #2232) (DWQ Project #07-1868, Ver..21 3 Dear Ms. Chapman: As requested by Duke Energy Carolinas, LLC (Duke), HDRIDTA is providing the following Catawba River Buffer Impact Modification Request in support of the Bridgewater Powerhouse Construction Project (Project) (FERC #2232). Previously approved Project impacts to the river buffer were permitted under the Authorization Certificate issued March 3,2008 (DWQ Project #07-1868, Ver. 2), as well as Burke County ShorelineProtectionPerniit (Burke Permit #040- 08; renewed June 2, 2009). Duke is proposing to widen an existing construction access road into the river buffer east of the existing powerhouse (see attached drawing). The access road is needed to allow heavy equipment (e.g., crane) access to the new powerhouse construction site and will serve as a. staging pad for the installation of the crane. Total requested permanent buffer impacts are estimated to be 11,937; of which 7,162 square feet (sq ft) are in Zone 1 of the buffer and 4,775 sq ft are in Zone 2. The attached pre-construction notification (PCN) describes the impacts in detail. All construction activities will comply with the approved erosion and sediment control plan. Clearing of the buffer will extend to the limits of construction boundary. No work (i.e., fill) will take place within adjacent surface waters and no modification to the existing Clean Water Act section 404 and 401 permit and certification is necessary. Although the access road and construction pad, are temporary features, the entire area including the river buffer and a portion of the river itself will be permanently impacted (i.e., removed and filled) during the pending Linville Dam Embankment Seismic Stability Improvements Project. Therefore, Duke requests a variance for permanent impacts per 15a NCAC 02b .0243 (9) based on the factthat the hardship is unique to Duke's property, rather than the result of conditions HOR IOTA HDR Engineering, Inc. ofthe Carolinas 400 S Tryon Street Suite 2401 Charlotte, NC 28285-0106 Phone: (704) 377.4182 Fax: (704) 377-4185 www.hdrinc.com Ms. Amy Chapman August 20, 2009 Page 2 that are widespread. Due to an absence of mitigation banks servicing the Project area, Duke requests that payment into the NC Ecosystem Enhancement Program's In-lieu Fee Program be accepted for any compensatory mitigation that may be required for these impacts. Should you have any questions or concerns please do not hesitate to contact either me at (704) 342-7364 or James McRacken at (704) 342-7373. Sincerely, HDRIDT A r~~ Jason N. Isbanioly Scientist 9~ James A. McRacken, Jr. Senior Scientist JNI/ cef Enclosures cc: File HOR IOTA HOR Engineering,lnc. afthe Carolinas .. Duke rll1Energy@ II~@ ~~ 4// u'.'?~ C/C 2 ,~. '~-9'/ik I <'009 '~#) ~~~, ' .1} " Engineering & Technical Services 526 S, Church Street Charlotte, Ne 20202 October 22, 2007 Mr. Steve Chapin - Project Manager Asheville Regional Office United States Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville. North Carolina 28801-5006 Re: Duke Energy Carolinas, LLC Cat,nvba-Wateree Hydroelectric Project (FERC No. 2232) Bridgewater Powerhouse Construction Project Agent Authorization Letter Dear Mr. Chapin: Duke Energy Carolinas. LLC. (Duke) of Charlotte, North Carolina is in the pre- construction planning stage of a new hydroelectric powerhouse near on the Catawba River, below Lake James. near the town of Morganton in Burke County, North Carolina. The preferred siting alternative of the pmverhouse project will impact some potentially jurisdictional waters of the US. Duke has contracted with Devine Tarbell & Associates, Inc. (DTAl to perform a wetland delineation and resource assessment on the proposed site for the purpose of obtaining the necessary Clean Water Act section 404/401 permits and water quality certi tlcations, DTA, as represented by rvrr. Jason Isbanioly will be Duke's authorized agent in the coordination, preparation, and submittal of the pre-construction notification permit package. Mr. Isbanioly has full signatory authority tor this project as granted by Duke. If you have any questions or require further information on this matter feel free to call me at (704) 382-5185 or Mr. Isbanioly at (704) 342-7364. Sinc~:eIY. _ / ~ ~z;i # / fI Timothy L Huffman Senior Project Manager c 1 - I g lDg u 3 1m O'i!:-~~ IJI/ArS--90c;,. o r- > - - ..., o '(" Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the o Section 404 Permit o Section 10 Permit Corps: 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? DYes DNo 1 d. Type(s) of approval sought from the DWQ (check all that apply): 0401 Water Quality Certification - Regular o Non-404 Jurisdictional General Permit o 401 Water Quality Certification - Express ~ Riparian Buffer Authorization 1e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ~Yes DNo ~Yes DNo 1f, Is payment into a mitigation bank or in-lieu fee program proposed for mitigation ~Yes DNo of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. 1 g. Is the project located in any of NC's twenty coastal counties, If yes, answer 1 h DYes ~No below, 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? DYes ~No 2. Project Information 2a, Name of project: Bridgewater Powerhouse Construction Project 2b. County: Burke 2c. Nearest municipality / town: Glen Alpine 2d. Subdivision name: NA 2e. NCDOT only, T,I.P. or state NA project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Duke Energy Carolinas, LLC 3b. Deed Book and Page No. Bk. 995 Pg. 62 3c. Responsible Party (for LLC if Jon Wise applicable): 3d. Street address: 526 South Church Street 3e. City, state, zip: Charlotte, NC 2820 3f. Telephone no.: (828) 584-4402 3g. Fax no.: 3h, Email address: Page 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: o Agent o Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no,: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Jason Isbanioly 5b. Business name HDRIDTA, Inc. (if applicable): 5c. Street address: 400 S. Tryon St. 5d. City, state, zip: Charlotte, NC 28285 5e. Telephone no.: (704) 342-7364 5f. Fax no.: (704) 377-4185 5g. Email address: jason. isbanioly@hdrinc.com Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parceIID): 175300872488 1 b, Site coordinates (in decimal degrees): Latitude: 35.7428 Longitude: - 81.8369 (DD.DDDDDD) (-DD.DDDDDD) 1c, Property size: 26.8 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Catawba River (Old Linville River) proposed project: 2b. Water Quality Classification of nearest receiving water: WS-V 2c. River basin: Catawba 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Construction of the new Bridgewater Powerhouse is currently underway in compliance with the existing Clean Water Act Sections 404 and 401 requirements (issued February and March, 2008 respectively). No unauthorized impacts to the Catawba River buffer have been made. General land use in the Project vicinity is primarily undeveloped/agricultural with some residential. 3b. List the total estimated acreage of all existing wetlands on the property: 0.01 3c, List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 863 3d, Explain the purpose of the proposed project: The purpose of this phase of the Project is to construct a construction access road within a riparian buffer of the Catawba River to assist in the construction of the new powerhouse. 3e. Describe the overall project in detail, including the type of equipment to be used: The construction access road will require the clearing and grading of approximately 11,937 square feet of riparian buffer adjacent to the Catawba River (Figure 1). The top of the river bank will be graded back away from approximately 10 to 15 feet above the waterline to create a level work area. Equipment to be used includes chainsaws and mechanized clearing and grading equipment. No impacts to jurisdictional waters are anticipated from this phase of the Project. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ~Yes ONo o Unknown project (including all prior phases) in the past? Comments: See attached 404 Authorization Letter 4b. If the Corps made the jurisdictional determination, what type o Preliminary ~ Final of determination was made? 4c, If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Devine Tarbell and Associates Name (if known): Jason Isbanioly Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. February 21 , 2008 Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requested or obtained for II:3J V DNo D Unknown this project (including all prior phases) in the past? es 5b. If yes, explain in detail according to "help file" instructions. The CWA Section 404 permit was issued on February 21, 2008 (Action ID: SAW-2007 -3572-312). The CWA Section 401 certification was issued on March 3, 2008 (DWQ Project #07-1868, Ver. 2). Erosion and sediment control permits were issued beginning February 22,2008 (Project ID: BURKE-2008-016). Burke County watershed protection permits were issued June 20, 2008 and renewed June 2,2009 (Permit #040-08). 6. Future Project Plans 6a. Is this a phased project? I DVes I:3J No 6b. If yes, explain. Page 4 of 11 PCN Form - Version 1.3 December 10,2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): D Wetlands D Streams - tributaries [8J Buffers D Open Waters D Pond Construction 2, Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a, 2b, 2c. 2d. 2e, 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404,10 Area of impact Permanent (P) or (if known) OWQ - non-404, other) (acres) Temporary (T) w1DpDT DYes D Corps DNa DOWQ W2 D pDT DYes D Corps DNa DOWQ W3 D pDT DYes D Corps DNa DOWQ W4 D pDT DYes D Corps DNa DOWQ W5 D pDT DYes D Corps DNa DOWQ W6 D pDT DYes D Corps DNa DOWQ 2g. Total wetland impacts 2h, Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent OWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 DpDT DPER D Corps OINT OOWQ S2 OpDT OPER D Corps OINT OOWQ S3 0 POT OPER o Corps OINT OOWQ S4 0 POT OPER o Corps OINT OOWQ S5 0 POT OPER D Corps OINT OOWQ S6 0 POT OPER o Corps OINT OOWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 11 PCN Form - Version 1.3 Oecember 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S, then individually list all open water impacts below. 4a. 4b. 4c, 4d. 4e. Open water Name of waterbody impact number (if applicable) Type of impact Waterbody type Area of impact (acres) - Permanent (P) or Temporary (T) 01 D pDT 02 D pDT 03 D pDT 04 DpDT 4f. Total open water impacts 4g. Comments: 5. Pond or lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e, Pond 10 Wetland Impacts (acres) Stream Impacts (feet) Upland Proposed use or purpose of (acres) number pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 Sf. Total 5g. Comments: 5h. Is a dam high hazard permit required? DYes DNo If yes, permit 10 no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 11 peN Form - Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitiqation, then you MUST fill out Section D of this form. 6a. D Neuse D Tar-Pamlico D Other: Project is in which protected basin? cgj Catawba D Randleman 6b. 6c, 6d, 6e. 6f. 6g. Buffer impact number - Reason for Buffer Zone 1 impact Zone 2 impact Permanent (P) impact Stream name mitigation (square feet) (square feet) or Temporary required? (T) Construction Catawba River (Old Linville cgj Yes B1 cgjpDT Access 7,162 4,775 Road River) DNo B2 DpDT DYes DNo B3 DpDT DYes DNo 6h. Total buffer impacts 7,162 4,775 6i. Comments: Impacts are required to allow crane access to the Bridgewater Powerhouse construction site. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Major impacts to the aquatic resources were minimized through siting re-evaluations and the use of best management practicies. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All erosion and sedimentation controls will be in place prior to beginning work within the buffer. These devices (e.g., silt fencing) will be maintained through the life of the Project. Additionally the site will be graded away from the river and back towards the existing retention pond, 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for DYes cgj No impacts to Waters of the U.S, or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): D DWQ D Corps D Mitigation bank 2c. If yes, which mitigation option will be used for this project? D Payment to in-lieu fee program D Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a, Name of Mitigation Bank: 3b, Credits Purchased (attach receipt and letter) Type I Quantity Page 7 of 11 peN Form - Version 1.3 December 10, 2008 Version 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. DYes 4b, Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: D warm Dcool Dcold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a, If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ~Yes DNo buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation, Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Access road construction 7,162 3 (2 for Catawba) 14,324 Zone 2 Access road construction 4,775 1.5 7,163 6f, Total buffer mitigation required: 21,487 6g, If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). Payment is requested into the NC Ecosystem Enhancement Program's In-lieu Fee Program 6h. Comments: Public mitigation sites are not available within the upper Catawba River basin. Page 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified [8J Ves DNo within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: There will not be any lateral ditches conveying drainage through the DVes [8J No buffer, The area will be graded to drain stormwater away from the Catawba River to the existing and approved retention pond. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 2% 2b. Does this project require a Stormwater Management Plan? DVes [8J No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The amount of impervious surface falls below the 24% threshold. This portion of the Project will not increase the amount of impervious surface area. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: D Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? D DWO Stormwater Program D DWO 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Burke County D Phase II 3b. Which of the following locally-implemented stormwater management programs DNSW D USMP apply (check all that apply): D Water Supply Watershed D Other: 3c. Has the approved Stormwater Management Plan with proof of approval been DVes DNo attached? 4. DWQ Stormwater Proaram Review D Coastal counties D HOW 4a. Which of the following state-implemented stormwater management programs apply D ORW (check all that apply): D Session Law 2006-246 D Other: 4b. Has the approved Stormwater Management Plan with proof of approval been DVes DNo attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? DVes DNo 5b. Have all of the 401 Unit submittal requirements been met? DVes DNo Page 9 of 11 peN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a, Does the project involve an expenditure of public (federal/state/local) funds or the DYes [8] No use of public (federal/state) land? 1b, If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State DYes DNo (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c, If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval DYes DNo letter. ) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, DYes [8] No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? DYes [8] No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in DYes [8] No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description, 4. Sewage Disposal (DWQ Requirement) 4a. 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. The sanitary waste from the powerhouse facility bathroom (located on the Generator Floor) and hand wash / utility sink (located on the Turbine Floor) shall be collected in a common header and gravity drained to a holding tank (lift station), located in the basement. The lift station shall include a sewage grinding pump. Once the sewage in the holding tank rises to a pre-determined level the grinding pump shall pump the raw sewage out of the powerhouse to a septic tank. The septic tank shall gravity drain to a leach field located on site. The Contactor shall hire an outside contractor to properly design and install all of the equipment for the sanitary sewer system on the site, The design and capacity requirements shall meet the Engineers approval along with all local and state requirements for a sanitary sewer system. Page 10 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ~Yes DNo habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ~Yes DNo impacts? If yes, indicate the USFWS Field Office you have contacted. 0 Raleigh 5c. ~ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Duke has completed Endangered Species Act Section 7 consultation with the USFWS regarding impacts to the federally protected dwarf-flowered heartleaf (Hexastylis naniflora). Consultation was initiated during the Catawba-Wateree Relicensing Project and extended for the Bridgewater Powerhouse Project. The USFWS determined that although there are populations of the heartleaf in the area, they are outside of the Powerhouse Project boundary and will not be impacted by the Project. Please refer to the attached letter from the USFWS dated November 28,2007, 6. Essential Fish Habitat (Corps Requirement) 6a, Will this project occur in or near an area designated as essential fish habitat? DYes ~No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ~Yes DNo status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b, What data sources did you use to determine whether your site would impact historic or archeological resources? Please refer to the attached May 19, 2008 SHPO letter confirming no impacts. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 1 OO-year floodplain? DYes ~No 8b, If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA floodplain mapper Jason N. Isbanioly ~d/ 4 8/20/09 Applicant/Agent's Printed Name Applicant/Agent's Signattfre Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form - Version 1.3 December 10, 2008 Version t'lIJI')-28-2007 14:35 FRO!'!: TiJ:'317043774185 P.2A f'EDF:IUL ENf:RGY REGUI.ATORY COMMISSION Washington, D.c. 20426 , OFFICF: OF ENEk(~ PROJECTS ! Project No. 2232 - ~ North Carolina Catawba- Wateree Project Duke Energy Carolinas, LLC Brian Cole, Supervisor Asheville Field Office U.S. Fish and ~Vildlife Service 160 Zillicoa Street Asheville, NC28801 November 28~ 2007 Subject; Reql~est tor concurrence with endangered species determination ! Dear Mr. Cole: Duke Power (licensee) is currently preparing for seismic stabi lization work at the Linville DmTI, part of the Bridgewater Development at the Catawba-Wateree Hydroelectric Project. This remediation work is required by the Commission under I. 8 CFR Part 12 of the Commission's regulations. The licensee needs to move the development'sjBridgcwater Powerhouse, which is located at the toe of the dam, bcfore proceeding with the seismic stability work at the dam. The Bridgewater Development is located on the Catawba River in McDowell and Burke counties, North Carolina. The licepsce provided the Commission with preliminary plans and drawings for the powcrhous~ work on March 8, 2007, and expects to provide final drawings soon. The existing power~ouse would remain operational while the new powerhouse is under constTuction.~he new powerhouse would be completed and fully operational prior to the initiation ofthdseismic remediation "\lork on LinviHe Dam. Work on the dam is not planned to begip until July 2010, and is not part of OUf present review. ConstruCtion of the new powerhouse would start Aplil 9, 2008, and be completed April ?, 2010. the new powerhouse would bc constructed approximately 200 teet downstream fi.o!n the existing powerhouse. No modifications to the existing water intake are required, and a new length of steel penstock would connect to the new powerhouse. Flows from the rew powerhouse would be released into a short tailrace channel leading to the Catawba Ri*er. ! Removal!ofthe existing powerhollse would begin June 2,2010, and would be completed Novqmber 2,2010. The majority of the area to be disturbed for the powerhouse reniovaI and construction is land that is already disturbed, with little or no vegetative cover, The total area ofland disturbance is 7.8 acres. ....... : I NOU-28-2007 14:35 FROM: TO: '317043774185 P,Y4 2 I I _ In its report of March 8, 2007, the licensee included copies of correspondence with I the North Carolina Department of Environmcnt, Natural Resources and the North Carolina Wildlife Resources Commission, and other state and local agencies indicating that it will be ~omplying with the applicable environmental requirements of these entities. i The lie~nsee provided us with a copy ofthc U.S. Fish and Wildlife Service list of federally-listed species that may occur in the Bridgewater area, updated November 5, 2007, The updated list includes the bog turtle, dwarf-flowered heartleaf, Heller's blazing star, mountain: golden heather, and small-whorled begonia. The licensee indicates in an Octobcr 2007 ~eport on jurisdictional wetlands and protected species that a rare, threatened, and. endcmgered species survey has been conducted of the work area as part of Catawba-Wat~ree Project relieensing. The survey determined that no federally-listed species, inclu4ing dwarf.tlowered heartleaf, would be disturbed by the powerhouse removal and construction work. Two known populations of dwarf- flowered heartleaf are located ncar, qut outside, the powerhouse work boundary. One is located on the other side of the Ca~wb(l River from the proposed work, and the other is across Powerhouse Road. The licensee does not anticipate any impacts to federally-listed species from the powerhouse wbrk. ! The No:vember 5,2007 species list for the area includes the de-listed bald eagle, with the notation that the Bald and Golden Eagle Protection Act (Eagle Act) is now the primary law p~.otecting bald eagles. The licensee indicates that it will work to comply with the EaglelAct using the National Bald Eagle Management Guidelines as necessary. After r~\ricw of the available information, we conclude that the proposed work is not likely to a~vcrsely affect any federally-listed endangered or threatened species, including dwar1f-tlowered hcartleaf. Therefore, we do not believe that formal consultation is Irequired. I Please ipform us in writing, within 30 days ofthe date of this letter, if you agree with our determination. Please file copies of your response with: I I i 1[he Secretary Ficderal Energy Regulatory Commission ~ail Code: Pl-l2.3 888 First Street, N.E. 'Washington, D.C. 20426. tlOl)-28-2007 14:35 FRCit1: TO: '317043774185 P.4/4 3 I Should :you need to informally discuss any concerns before making your dctermination~plcasc contact B. Peter Yarrington at (202) 502-6129. Thank you for your cooperation inlthis matter, i . '.^.... ~...",.....~. ...,*-' ......~ i cc: Mark Ai Cantrell Asheville Field Office I U.S. Fish and Wildlife Service 160 Zil~coa Street Asheville, NC 28801 i Jeff Linbberger Manager, Hydro Licensing Dukc Energy Carolinas ECI2YI:P.O. Box 1006 Charlotte, NC 28201-1006 ! , James McRackcn I Devine rm-bcll and Associates 400 So~h Tryon Street Sulte 24Pl Charlott~, NC 28285 Sincerely, k;;~-~:;:--fr Chief, Biological Resources Branch Divjsion.of Hydropower Administration and C omphance Michael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator Office of Archives and History Division of Historical Resources David Brook. Director May 19, 2008 Jennifer Huff Duke Energy Caolinas EC12Y IP. O. Box 2006 Charlotte, NC 28201-1006 Re: Replacement of Bridgewater Hydroelectric Powerhouse, E-7, SUB 827, Lake James, Burke County, ER 07 -0923 Dear Ms. Huff: Thank you for your letter of December 18, 2007, transmitting the archaeological survey report by Archaeological Consultants of the Carolinas for the above project. We apologize for the delay in our response. During the course of the survey, no sites were located within the project area. The report authors have recommended that no further archaeological investigation be conducted in connection with this project. We concur with this recommendation since the project will not involve significant archaeological resources. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800, Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/807-6579. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, ~~~-~ t;'"te< Sandbeck cc: Michael O'Neal and Bobby Southerlin, Archaeological Consultants of the Carolinas, Inc. Location: 109 F""t Jones Street. Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Tdephone/Fax: (919) 807-6570/807-6599 () I ~U ~Z ~ -'2 Q N .t- Ul::::>W 11::0 OOlL I '" 4: >- I(f)lL (Y) ~ UI o:w::::> IS! wO:CO IS! }-o: 3...10 IS! t:)w O<IZ I 11::t- Q..O: Q z 3: t- zal M wW 0 ~ ~ - <( CD u o w "- ~u '" ~ I ('") IS! IS! IS! 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