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HomeMy WebLinkAbout20160742 Ver 2_More Info Recevied_20190521Homewood, Sue From: Price, Zan (George) Sent: Tuesday, May 21, 2019 9:05 AM To: Mitchell, Robert K; Homewood, Sue Subject: FW: [External] Revised Cedar Cliff Spillway Upgrade Environmental Report and request for resonsultation Attachments: Cedar Cliff Environmental Report -Rev 05.17.2019_reduced.pdf IP issued 12/16 Zan Price, P.E. Assistant Regional Supervisor — Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828 296 4662 office 828 231 9634 mobile zan.pricea-ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28711 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Stuart, Alan Witten <Alan.Stuart@duke-energy.com> Sent: Tuesday, May 21, 2019 8:38:50 AM To: Goudreau, Chris J.; Tompkins, Bryan; Tarver, Fred; Barnett, Kevin Cc: Kulpa, Sarah (Sarah. Kul pa@hdrinc.com) Subject: [External] Revised Cedar Cliff Spillway Upgrade Environmental Report and request for resonsultation External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Good Morning: As a follow-up to discussions with some of you and voicemails left with others, Duke Energy is having to replace the transformer at Cedar Cliff Development of the East Fork Hydroelectric Project to ensure project reliability during the spillway upgrade. This transformer replacement will require an extension to complete the entire construction project from 17 to 25 months. As a result of the change in scope, the FERC has requested we reconsult with you folks and for Duke Energy to reile the record of consultation with them for continued processing of our request. Attached for your review and comment, please find a revised Environmental Report to FERC for the upcoming scheduled auxiliary spillway upgrade, including transformer replacement, at the Cedar Cliff. As before, the report summarizes consultation, permits and approvals to date for this project and is intended to facilitate FERC environmental staff's review of the proposed modifications to the Cedar Cliff Development, as well as Duke Energy's request for approval for a temporary license variance for the Cedar Cliff Lake drawdown scheduled for 2019-2021. Also included in the revised Environmental Report are some design revisions to the Cedar Cliff access area boat ramp/construction road as part of an amended 404 permit request to the Army Corps of Engineers. Most of the Environmental Report is generally unchanged from the version you previously reviewed and provided consultation on. The revised report does incorporate prior comments provided by your agencies along with new information relevant to the transformer replacement and scheduling changes. Duke Energy plans to file the Environmental Report with FERC in early summer and respectfully requests submittal of any comments on the enclosed within 30 days of the date of this transmittal. If you can provide your review of the attached information sooner than 30 -days we would most grateful. Due to the large file size of the attachment (16 MB), please reply to confirm you received this email and the attachment. Should you have any questions or need any additional information please let us know. We greatly appreciate your time and patience in our reconsultation with you on the Cedar Cliff Project. Regards, Alan Alan W. Stuart Senior Project Manager Duke Energy Carolinas, LLC Water Strategy and Hydro Licensing 526 S. Church Street, - EC12Y I Charlotte, NC 28202 Office 980-373-2079 1 Cell 803-640-8765 4 Environmental Report Cedar Cliff Auxiliary Spillway Upgrade East Fork Hydroelectric Project FERC No. 2698 Prepared for Duke Energy Carolinas, LLC Prepared by HDR September 2018 Revised May 2019 �' DUKE `� Environmental Report Cedar Cliff Auxiliary Spillway Upgrade Contents 1 Introduction.......................................................................................................................................... 1 2 Project Description.............................................................................................................................. 2 2.1 Existing Project Structures........................................................................................................ 2 2.2 Existing Project Operation......................................................................................................... 3 2.3 Additional Licensed Project Facilities........................................................................................4 3 Purpose and Description of Proposed Work....................................................................................... 5 3.1 Purpose of Proposed Work....................................................................................................... 5 3.2 Description of Proposed Work.................................................................................................. 6 3.3 Schedule of Proposed Work..................................................................................................... 9 4 Regulatory Permits and Associated Consultation...............................................................................9 5 Environmental Resources................................................................................................................. 11 5.1 Geological and Soil Resources............................................................................................... 11 5.1.1 Affected Environment................................................................................................. 11 5.1.2 Potential Environmental Effects................................................................................. 12 5.1.3 Proposed Mitigation Measures................................................................................... 12 5.2 Water Quality and Quantity..................................................................................................... 13 5.2.1 Affected Environment................................................................................................. 13 5.2.2 Potential Environmental Effects................................................................................. 14 5.2.3 Proposed Mitigation Measures................................................................................... 16 5.3 Fisheries and Aquatic Resources........................................................................................... 17 5.3.1 Affected Environment................................................................................................. 17 5.3.2 Potential Environmental Effects................................................................................. 17 5.3.3 Proposed Mitigation Measures................................................................................... 18 5.4 Wetlands and Riparian Communities...................................................................................... 18 5.4.1 Affected Environment................................................................................................. 18 5.4.2 Potential Environmental Effects................................................................................. 19 5.4.3 Proposed Mitigation Measures................................................................................... 19 5.5 Terrestrial and Wildlife Resources.......................................................................................... 20 5.5.1 Affected Environment.................................................................................................20 5.5.2 Potential Environmental Effects................................................................................. 21 May 2019 1 i C. 7 5.5.3 Proposed Mitigation Measures........ 5.6 Threatened and Endangered Species ......... 5.6.1 Affected Environment ...................... 5.6.2 Potential Environmental Effects ...... 5.6.3 Proposed Mitigation Measures........ 5.7 Historic and Archaeological Resources ....... 5.7.1 Affected Environment ...................... 5.7.2 Potential Environmental Effects ...... 5.7.3 Proposed Mitigation Measures........ 5.8 Recreation Resources and Land Use .......... 5.8.1 Affected Environment ...................... 5.8.2 Potential Environmental Effects ...... 5.8.3 Proposed Mitigation Measures........ Consideration of License Requirements ................ 6.1 License Articles ............................................ 6.2 U.S. Forest Service 4(e) Conditions ............. References............................................................. Environmental Report Cedar Cliff Auxiliary Spillway Upgrade a 21 21 21 ............................................... 23 ............................................... 23 ............................................... 23 ............................................... 23 ............................................... 24 ............................................... 24 ............................................... 25 ............................................... 25 ............................................... 25 ............................................... 25 ............................................... 25 ............................................... 25 ............................................... 29 ............................................... 30 May 2019 1 ii Environmental Report Cedar Cliff Auxiliary Spillway Upgrade ■ w Tables Table 5-1. Cedar Cliff Lake Characteristics................................................................................................ 14 Table 5-2.Summary of Jurisdictional Waters.............................................................................................. 19 Table 5-3.Impacts to Jurisdictional Waters Summary................................................................................ 19 Table 5-4. Federally Protected Species for Jackson County, North Carolina ............................................ 22 Figure 2-1. Cedar Cliff Development Figures Appendices Appendix A Figures .................................................. Appendix B Section 404 Permit ............................... Appendix C Section 401 Water Quality Certification Appendix D Section 7 Consultation ......................... Appendix E Cedar Cliff Lake Drawdown Plan.......... Appendix F Water Quality Monitoring Plan ............. Appendix G Environmental Report Consultation ..... 3 May 2019 1 iii Environmental Report Cedar Cliff Auxiliary Spillway Upgrade Acronyms and Abbreviations ARO........................................................................................................... FERC Atlanta Regional Office AMSL........................................................................................................................ above mean sea level BMP...............................................................................................................best management practices °C................................................................................................................................. degrees Celsius cfs.........................................................................................................................cubic feet per second CWA.................................................................................................................................Clean Water Act cy.........................................................................................................................................cubic yards Duke Energy..................................................................................................... Duke Energy Carolinas, LLC EBCI....................................................................................................Eastern Band of Cherokee Indians ESC...........................................................................................................Erosion and Sediment Control FERC........................................................................................... Federal Energy Regulatory Commission ft.............................................................................................................................................. foot/feet HPMEP.......................................................................... Hydro Project Maintenance & Emergency Protocol HPMP............................................................................................... Historic Properties Management Plan IDF............................................................................................................................. inflow design flood NCDWR .........................North Carolina Department of Environmental Quality Division of Water Resources NCNHP..........................................................................................North Carolina Natural Heritage Program NCSHPO........................................................................... North Carolina State Historic Preservation Office NCWRC................................................................................North Carolina Wildlife Resources Commission NRHP.................................................................................................. National Register of Historic Places NWI................................................................................................USFWS National Wetlands Inventory PFMA.......................................................................................................... potential failure mode analysis PMF................................................................................................................... probable maximum flood Project......................................................................................................... East Fork Hydroelectric Project RM............................................................................................................................................ river mile TFFm.....................................................................................................................Tallulah Falls Formation THPO..................................................................................................... Tribal Historic Preservation Office SMP............................................................................................................. Shoreline Management Plan USACE...........................................................................................................U.S. Army Corps of Engineers USFWS........................................................................................................... U.S. Fish and Wildlife Service WQC................................................................................................................. Water Quality Certification May 2019 1 iv Environmental Report OR Cliff Auxiliary Spillway Upgrade This page is intentionally left blank. May 2019 1 v 1 Introduction The East Fork Hydroelectric Project (Project) is owned and operated by Duke Energy Carolinas, LLC (Duke Energy) under a new license issued by the Federal Energy Regulatory Commission (FERC) on May 4, 2011. The Project consists of three hydroelectric developments located on the East Fork of the Tuckasegee River with a total installed capacity of 24.280 megawatts. From upstream to downstream, the three developments are the Tennessee Creek Development (includes the Wolf Creek Dam and the Tanasee Creek Dam), the Bear Creek Development, and the Cedar Cliff Development (Appendix A, Figure 1). The Cedar Cliff Dam (NATDAM NC00334), which is part of the Cedar Cliff Development, is located on the East Fork of the Tuckasegee River near river mile (RM) 52.1 in Jackson County, North Carolina. Via letter dated April 24, 2014, the FERC Atlanta Regional Office (ARO) required that Duke Energy satisfy safe passage of the Inflow Design Flood (IDF), which is defined as the Probable Maximum Flood (PMF), without overtopping Cedar Cliff Dam. The proposed remedial alternative to safely pass the PMF involves modifications to the existing auxiliary spillway channel, installation of a Fusegate system within the auxiliary spillway control section, placement of an approximately 8.5 -foot (ft) -high concrete parapet wall along the crest of the dam, and other appurtenant components. Related activities will include new access road construction and modifications to an existing private access road, construction of a new principal spillway bridge, and construction of an approximately 0.5 -acre laydown area at the upstream approach channel to the auxiliary spillway, as well as replacement of the existing spillway gate hoist with improved components that provide redundant wire ropes, drive trains, and motors. The FERC Project boundary will be enlarged by approximately three acres of Duke Energy -owned land to accommodate modifications to the Project works and enlargement of the auxiliary spillway channel (Appendix A, Figure 2). In addition to FERC approval, regulatory authorizations that will be required to carry out the proposed modifications to the Project include an Individual Permit from the U.S. Army Corps of Engineers (USACE) and North Carolina Department of Environmental Quality Division of Water Resources (NCDWR) pursuant to Section 404/401 of the Clean Water Act (CWA) (see Section 4 of this report). As such, Duke Energy has conducted extensive consultation with resource agencies regarding the proposed construction activities, and the issued authorizations include measures for resource protection and mitigation of unavoidable impacts. Duke Energy has prepared this Environmental Report to facilitate the FERC staff's review of environmental effects associated with Duke Energy's plans for the auxiliary spillway modifications and compliance with requirements of the existing FERC license for the Cedar Cliff Development throughout the construction period. May 2019 1 1 Environmental Report OR Cliff Auxiliary Spillway Upgrade 2 Project Description 2.1 Existing Project Structures The Cedar Cliff Development is located on the East Fork of the Tuckasegee River in Jackson County, North Carolina, approximately six miles southeast of the Town of Cullowhee. Project works are listed in ordering paragraph (13)(2) of the license, as amended by the Order Amending License and Revising Installed Capacity issued February 21, 2012. A brief description of the Cedar Cliff Development is included in this section. Cedar Cliff Dam is classified as high hazard due to the potential loss of life and significant downstream property damage that would result from a dam breach. Constructed between 1950 and 1952, the Cedar Cliff Development (Figure 2-1) consists of a 590 -ft - long, 173 -ft -high, earthen impervious core and rockfill embankment with nominal upstream and downstream slopes of 1.3 horizontal (H):1 vertical (V), and a crest elevation of 2,343.5 ft AMSL'. The dam impounds Cedar Cliff Lake, which has a surface area of 121 acres and total reservoir volume of 6,200 acre-feet at normal maximum pool and a full pond elevation of 2,330 ft AMSL. The nominal top of dam elevation is approximately 2,340 ft AMSL and is 25 ft wide. The dam is topped by a concrete parapet wall along its entire length with variable height from 1.5 ft to 3.7 ft which establishes the constant crest elevation at 2,343.5 ft AMSL. The Cedar Cliff spillways include the principal spillway on the right abutment and the auxiliary spillway located at the left abutment (looking downstream) (see Figure 2-1). The principal spillway includes a float -controlled 25 -ft by 25 -ft Tainter gate with a sill elevation of 2,305 ft AMSL. The auxiliary spillway contains two erodible fuse plugs separated by a concrete splitter wall with a total fuse plug length of 200 ft. The fuse plugs are constructed of crushed stone and sand with a sloping core of compacted impervious fill. The left fuse plug is 112 ft long with a crest elevation ranging from 2,333 to 2,334 ft AMSL, and the right fuse plug is 88 ft long with a crest elevation ranging from 2,331 to 2,333 ft AMSL. Both spillways include rock cut channels that convey water to the 0.46 -mile -long Bypassed Reach of the East Fork of the Tuckasegee River located near the downstream toe of the dam. The auxiliary spillway channel is formed by the rock -cut left abutment of the dam on the right (looking downstream) and steep variable rock -cut walls ranging from 50 ft to 165 ft high on the left. Water is conveyed to the Cedar Cliff powerhouses via a tunnel intake opening near the right upstream toe of the dam. The water conveyance tunnel intake is protected by a 10.2 -ft -wide by 16.4 - ft -high steel slide gate that is normally in the open position to facilitate hydroelectric generation. Water is conveyed through a 1,138 -ft -long tunnel with a 12 -ft -diameter concrete -lined section, a 13 -ft by 15 -ft unlined section, and a 10 -ft -diameter steel -lined section. The tunnel adjoins to an 8 -ft - diameter steel penstock at the main powerhouse, which contains one vertical Francis -type turbine with a nameplate -rated capacity of 8,187 horsepower at best gate efficiency position, 168.5 ft of net ' All elevations presented in this report are based on the National Geodetic Vertical Datum (NGVD) 29 and are expressed as feet above mean sea level (ft AMSL). May 2019 1 2 Environmental Report FN Cliff Auxiliary Spillway Upgrade head and a discharge capacity of 555 cubic feet per second (cfs), connected to a generator rated at 6,375 kW at 0.85 power factor. The water conveyance system is the only low-level outlet for the reservoir. Construction of a new minimum flow powerhouse adjacent to the existing powerhouse was completed in January 2013. The new powerhouse contains a generating unit consisting of a turbine, generator, governor and associated high-pressure hydraulic system, control panel boards, generator protection relays, and metal -clad switchgear. The continuous minimum flow turbine has a nameplate -rated capacity of 526 horsepower based on 35 cfs and 154.5 -ft net head and is connected to a generator rated at 405 kW at 0.9 power factor. Water inflow to the continuous minimum flow unit is conveyed from the 8 -ft diameter steel penstock serving the main powerhouse generating unit. Vehicular and equipment access to the right abutment of the dam is via the Upper Access Road, which traverses the crest of the dam. Access to the base of the auxiliary spillway channel is by an existing lower access road, and the Shook Cove Access Road provides access to the left abutment area (Appendix A, Figure 2). 14 Dam Figure 2-1. Cedar Cliff Development 2.2 Existing Project Operation t K' The developments of the Project are operated in accordance with seasonal water availability and licensed/normal operating ranges for lake levels. The Cedar Cliff Development maintains continuous minimum flow release to the East Fork of the Tuckasegee River, and generation is scheduled in coordination with the other developments of the East Fork Project, as well as the West Fork Project (FERC Project No. 2686), to provide seasonal recreation flows in the vicinity of the Dillsboro section of the (main stem) Tuckasegee River. During periods of high Development/Project inflow, the May 2019 1 3 I. r'. The developments of the Project are operated in accordance with seasonal water availability and licensed/normal operating ranges for lake levels. The Cedar Cliff Development maintains continuous minimum flow release to the East Fork of the Tuckasegee River, and generation is scheduled in coordination with the other developments of the East Fork Project, as well as the West Fork Project (FERC Project No. 2686), to provide seasonal recreation flows in the vicinity of the Dillsboro section of the (main stem) Tuckasegee River. During periods of high Development/Project inflow, the May 2019 1 3 Environmental Report OR Cliff Auxiliary Spillway Upgrade individual powerhouses are operated at maximum load to regulate reservoir levels within prescribed normal limits. When Development/Project inflow exceeds the discharge capacity of the respective powerhouses, then spillway gate operations will commence to regulate reservoir levels at or below the respective normal maximum reservoir levels. In general, during periods of normal inflow, the powerhouses will generate for a prescribed number of hours per day to support electric customer needs and the downstream flow needs in the main stem of the Tuckasegee River, typically during different periods each day. Continuous minimum flows are provided in the Wolf Creek Bypassed Reach and at the Cedar Cliff powerhouse. Tainter gate releases are made, if necessary, to maintain lake levels below prescribed maximum levels. During low inflow periods upon implementation of the Low Inflow Protocol (LIP), generation is reduced on a weekly basis, along with corresponding weekly reductions in bypass flows, Tainter gate releases for recreation (as applicable) and minimum reservoir levels. The LIP is included in Appendix A of the FERC License for the East Fork Project. The Cedar Cliff Development is operated to maintain a fairly constant target reservoir elevation of 2,328 ft AMSL throughout the year and to provide the required minimum flow from the Cedar Cliff powerhouse, which, in turn, provides continuous flow in the two miles of stream between the Cedar Cliff powerhouse and the confluence with the West Fork of the Tuckasegee River. The Cedar Cliff Development is also operated to release water for recreational purposes during the recreation season. During normal Project operation, water is released from the upstream Bear Creek powerhouse, located on the East Fork of the Tuckasegee River near RM 54.5, to Cedar Cliff Lake. The normal reservoir target elevations for the Bear Creek Development are designed to provide some storage for the historically wet period that occurs in the spring. Normally the Bear Creek powerhouse is operated to support system peak loads and to refill Cedar Cliff Lake for off-peak generation and water releases. At a normal reservoir elevation of 2,330 ft AMSL, the discharge capacity of the Cedar Cliff principal spillway is approximately 9,900 cfs. The combined discharge capacity of the principal spillway and auxiliary spillway at reservoir elevation 2,343.5 ft AMSL (top of parapet) is approximately 80,000 cfs. 2.3 Additional Licensed Project Facilities The FERC Project boundary around the Cedar Cliff Development encompasses two formal public recreation sites, the Cedar Cliff Access Area, and the Shook Cove Access Area. The 1.86 -acre Cedar Cliff Access Area is located on Cedar Cliff Lake, at 3387 Shook Cove Road, Tuckasegee, NC 28783 and includes a boat ramp, pier, portable toilet, and parking. The operations and maintenance of this site are provided by the North Carolina Wildlife Resources Commission (NCWRC) through an agreement with Duke Energy. The 8.35 -acre Shook Cove Access Area, which is leased by Duke Energy to Jackson County and maintained by Jackson County, is located downstream of the Cedar Cliff powerhouses. This site includes accessible parking, a boat ramp, canoe/kayak laydown area, and trash receptacles, as well as a downstream boat take-out area. The locations of the recreation sites are shown on Exhibit G-2, which is included as Figure 3 in Appendix A, for reference. May 2019 1 4 Environmental Report FN Cliff Auxiliary Spillway Upgrade 3 Purpose and Description of Proposed Work 3.1 Purpose of Proposed Work The purpose of the proposed upgrade project is to modify the existing Cedar Cliff Dam auxiliary spillway as a remedial alternative to safely pass the IDF. As noted above, the Cedar Cliff Development has an existing discharge capacity of approximately 80,000 cfs at reservoir elevation 2,343.5 ft AMSL. This discharge capacity represents combined discharge from the main generating unit, principal spillway (Tainter gate), and auxiliary spillway (fuse plugs). The PMF peak outflow, which was approved by the FERC on June 22, 1994, is approximately 192,000 cfs. Based on engineering evaluations, the spillway discharge capacity would need to be increased by at least 112,000 cfs to prevent overtopping of Cedar Cliff Dam. In correspondence to Duke Energy dated April 24, 2014, the FERC identified the OF as the PMF, citing downstream potential hazards, and requested a plan and schedule that addresses the ability of Cedar Cliff Dam to safely pass all flows up to and including the IDF. Due to the existing Cedar Cliff site terrain, limited viable options are available to increase spillway discharge capacity to this magnitude. The elements and design of the proposed auxiliary spillway upgrade reflect evaluation of numerous alternative scenarios developed by a Core Team of FERC, Duke Energy, and HDR representatives from 2014 through 2017. Based on discussions from the August 2015 meeting, the Core Team's preferred alternative scenario involves modifications to the existing auxiliary spillway channel. This option was selected as the most viable alternative in safely discharging the Cedar Cliff OF without overtopping based on technical merits, including developing a practical engineered solution, constructability, and maintenance. By letter to Duke Energy dated May 17, 2016, the FERC ARO provided concurrence with Duke Energy's plans. The following list summarizes major milestones for the auxiliary spillway upgrade project: • FERC issued acceptance of Fusegate Alternative for Spillway Remediation in May 2016. • 404/401 Permit applications submitted and approved in March 2017 and December 2016, respectively. Request for amended 404/401 Permit submitted to USACE and NCDWR on May 16, 2019. • Subsurface Drilling Program initiated in August 2016. • Engineering Design -Potential Failure Mode Analysis (PFMA) meeting conducted with FERC in January 2017. • Shook Cove Access Road completed in June 2017. • Alden Research Laboratory, Inc. (Alden) completed Phase 1 Physical Scale Model (1:8 and 1:19 scale) testing in June 2017. • Geological and Geotechnical Subsurface Investigation Report submitted to the FERC in June 2017. • 30 Percent Design Package Submitted to Duke Energy in November 2017. • Rock Spoil Evaluation Report completed in January 2017. • FERC acceptance of PFMA, preliminary hydraulic design, and subsurface investigation reports in January 2018. • Alden completed Phase 2 and Phase 3 1:19 scale model testing in March 2018. • Fifth Core Team meeting conducted in August 2018. • Final hydraulic design report submitted to the FERC in February 2019. May 2019 1 5 Environmental Report OR Cliff Auxiliary Spillway Upgrade • Submittal of engineering design package to the FERC completed March 18, 2019. • FERC review and acceptance of engineering design package anticipated during third quarter 2019. • Initiation of long-term reservoir drawdown and redundant spillway gate hoist replacement scheduled to begin in September 2019. • Auxiliary spillway upgrade construction project scheduled to commence during fourth quarter of 2019. 3.2 Description of Proposed Work The proposed work includes modifications to the existing auxiliary spillway channel, replacement of the existing parapet wall with an approximately 8.5 -ft -high new PMF wall along the crest of the dam, and installation of a Fusegate system within the auxiliary spillway control section (Appendix A, Figure 2). Cedar Cliff Lake will be drawn down approximately 30 ft to facilitate construction activities for the proposed work, including spillway gate hoist replacement, spillway gate maintenance, powerhouse transformer replacement2, and auxiliary spillway modifications. The principal spillway Tainter gate (sill elevation 2,305 ft AMSL) will be left in a partially open position to facilitate the passage of Cedar Cliff Development inflow exceeding approximately 590 cfs (Le, the combined maximum hydraulic capacity of the Cedar Cliff powerhouses). The existing auxiliary spillway control section (two fuse plugs and a single concrete splitter wall) will be removed. Approximately 600 ft of the auxiliary spillway channel length will be modified (variable width and depth increased) through rock excavation (rock splitting and controlled rock blasting). Sufficient rock excavation and foundation preparation will occur at the existing fuse plug control section to lower the sill elevation from 2,315 ft AMSL to 2,305 ft AMSL. The existing auxiliary spillway channel control section will be widened from 200 ft to 250 ft. The existing average auxiliary spillway channel width will be increased from approximately 95 ft to 145 ft. The existing channel bottom will be lowered 15 ft, on average. The rock -cut height of the left (looking downstream) channel wall will be increased from an average of 127 ft (160 ft maximum) to an average of 162 ft (220 ft maximum), based on the existing topography and proposed rock cut slope of 1:6 (H:V). Intermediate benches (25 -ft wide) are proposed along the left channel wall to divide the steep rock cut slopes into 60 -ft to 100 -ft sections (Appendix A, Figure 4). The estimated bulk volume of all material removed from the auxiliary spillway will be approximately 283,300 cubic yards (cy). In addition, design consideration is being given to construct a concrete Training Wall along a portion of the right face of the auxiliary spillway channel. The right side of the existing rock cut face of the 2 Powerhouse transformer replacement relates to the scope for this project and the associated reservoir drawdown because this maintenance is required to ensure the reliable operation of the powerhouse as the primary means to pass water through the Cedar Cliff Development throughout the auxiliary spillway construction period. The Cedar Cliff Development presently has four single-phase step-up transformers, each rated at 6.6 kV primary / 66 kV secondary and two of which are in service. All four transformers are being replaced with 3-phase, dry type units, enclosed in a housing, with all work to be conducted within the general area/footprint of the existing switchyard. The Cedar Cliff powerhouses will remain offline throughout the transformer replacement process. May 2019 1 6 Environmental Report OR Cliff Auxiliary Spillway Upgrade auxiliary spillway channel is the left abutment of the dam and the Training Wall provides additional protection to the abutment. The new control section of the auxiliary spillway will be comprised of six Fusegates. Each cast -in- place Fusegate will be approximately 41.5 -ft wide by 25 -ft high by 24.67 -ft deep and will be located on a reinforced concrete sill with reinforced concrete abutment wall on the left side and a training wall on the right side of the spillway. The top of the Fusegate crest will be at normal pool elevation (2,330 ft AMSL). A single toe block will be located in front of each gate to prevent the Fusegates from sliding downstream and will serve as a tipping plane during Fusegate activations. The toe blocks will be constructed of stainless steel. The six Fusegates will serve as a semi -Labyrinth weir spillway and will not begin to activate until significant inflow events exceed reservoir levels that are 10.5 feet above normal pond elevation 2,330 ft, per engineering design. The first Fusegate will be activated at reservoir elevation 2,340.5 ft AMSL (Cedar Cliff inflow approximately 79,100 cfs); the sixth Fusegate will be activated at reservoir elevation 2,345.5 ft AMSL (178,500 cfs)3.The activation of each Fusegate will be facilitated by the construction of an upstream Inlet Well Tower containing six individual Fusegate inlet wells. Each Fusegate will be primed by rising reservoir levels within the Inlet Well Tower based on designed activation water levels while using individual pipes installed in an excavated trench connecting the individual inlet wells/pipes to their respective Fusegate. Each of the six Fusegates will be designed for activation based on engineered levels of uplift pressure and tipping moment correlating to prescribed reservoir water surface levels that adjoin the Inlet Well Tower. The existing parapet wall (top -of -wall elevation 2,343.5 ft AMSL) will be removed and replaced with a PMF wall with a proposed top -of -wall elevation of 2,348.5 ft AMSL. The proposed PMF wall design is based upon the peak reservoir PMF stage elevation of 2,345.5 ft AMSL with allowance for wave run- up design criteria. The Cedar Cliff PMF wall will be keyed into the inclined core of the dam. An approximately 0.5 -acre laydown area for the spoil barge loading zone will be placed at the upstream end of the rock excavated approach channel (elevation 2,304 ft AMSL) of the auxiliary spillway. As decided in consultation with natural resource agencies as part of the application process for the Individual Permit from the USACE and NCDWR pursuant to Section 404/401 of the CWA, all excavated materials from the auxiliary spillway excavation will be loaded onto a barge and deposited in Cedar Cliff Lake to eliminate potential impacts to identified adjoining USACE-jurisdictional waters and intact terrestrial habitats at alternate spoil locations. This activity will result in an approximate 8.1 -acre footprint within the reservoir. The location of the spoil area, shown on Figures 2 and 5a in Appendix A, is upstream from the dam and plant intake, with the right edge located toward the original thalweg of the East Fork of the Tuckasegee River channel. The top of the spoil elevation (2,250 ft AMSL) is approximately 80 feet below full pond elevation. Plan and section views of the spoil repository are shown on Figures 5a through 5c in Appendix A. The volume capacity of the spoil repository (approximately 353,600 cy) is in excess of the estimated quantity of all excavated material to be placed in the reservoir. 3 For perspective, the pre -Cedar Cliff construction flood of record on the East Fork of the Tuckasegee River was approximately 28,000 cfs on August 30, 1940. The historical flood of record for Cedar Cliff Dam is approximately 9,000 cfs, which occurred on October 4, 1964. May 2019 1 7 Environmental Report OR Cliff Auxiliary Spillway Upgrade To sustain normal generation operation of the Bear Creek powerhouse during the 30 -ft drawdown of Cedar Cliff Lake, a rock vane was constructed in the immediate tailrace area below the Bear Creek powerhouse in October 2018. The nominal crest elevation of the overall 121 -foot long rock vane will be approximately 2328.5 ft AMSL. The nominal height of the rock vane design varies from 2.5 ft to 7 ft with a variable base width of 10 ft to 22 ft. Natural rock material deposited in the Bear Creek spillway outfall area located approximately 350 ft upstream of the Bear Creek powerhouse was gathered to construct the rock vane with variable rock diameters of 2 ft to 4 ft. The volume of rock material required to facilitate rock vane construction is approximately 65 cy. The retention pool created by the rock vane will provide sustained back pressure against the Bear Creek turbine in order to sustain generation while minimizing runner cavitation during the extended Cedar Cliff Lake drawdown period. The rock vane was constructed in October 2018, during the scheduled 10 -ft drawdown of Cedar Cliff Lake authorized by the Order Approving Temporary Variance of Elevation Requirements Pursuant to Article 401 issued by FERC on April 24, 2018 and the Individual Section 404 permit issued by USACE (see Section 4 of this report). Additional construction activities associated with the auxiliary spillway upgrade include the following: • During the reservoir drawdown, construction of an access road (1951 Access Road) connection below the full pond elevation 2,330 ft AMSL to connect to the end of the auxiliary spillway approach channel and remaining 1951-1952 construction road. The new access road connection will provide a safe corridor at a suitable grade for equipment to travel between the Shook Cove Access Road and the approach channel to facilitate auxiliary spillway modifications and Fusegate installations. The proposed 14 -foot -wide 1951 Access Road below the full pond elevation will extend approximately 548 feet, resulting in 0.22 acre of open water permanent fill impacts. Construction of the 1951 Access Road will result in a maximum of approximately 57,000 cy (subject to change and actual quantity likely to be less than this amount) of excavated material to accommodate a peninsula hillside cut of 2H:1 V. • Extending Shook Cove Access Road to Inlet Well Tower (considered as upper segment of the 1951 Access Road). • Construction of an additional barge access area at the existing Cedar Cliff Access Area, including an approximately 550 -foot -long temporary access road to the proposed barge location. The barge access temporary construction road is necessary to maintain access to Cedar Cliff Lake for equipment and material support for the Project during the reservoir drawdown period. An approximately 500 -foot long temporary stone construction access road is proposed below Cedar Cliff Lake normal reservoir elevation of 2,330 ft, terminating at the 2,300 ft msl drawdown elevation for barge access. • Improvements to existing Upper Access Road, including addition of an eight -inch layer of compacted aggregate, and realignment of the Upper Access Road at the right abutment and interface with the access road across Cedar Cliff Dam in association with the new spillway bridge described below. • Improvements to existing Lower Access Road, including grading, raising the road bed, and widening to 12 feet. • Construction of a new Cedar Cliff Principal Spillway Bridge (construction is underway in 2019). The new bridge will serve as an independent structure, located upstream of the existing spillway bridge, with the PMF as the design criteria. The bridge will provide construction access during the auxiliary spillway upgrade project. Following completion of construction, the bridge will serve as the primary bridge for access to the top of dam, principal spillway, and right abutment of the auxiliary spillway-Fusegate control section. May 2019 1 8 Environmental Report OR Cliff Auxiliary Spillway Upgrade • Spillway gate maintenance and hoist replacement with improved components that provide redundant wire ropes, drive trains, and motors to occur at the start of the drawdown period in September 2019. 3.3 Schedule of Proposed Work Duke Energy anticipates the duration of construction activities at the Cedar Cliff Development for the auxiliary spillway upgrade will be approximately 25 months, with construction activities expected to span the period from September 3, 2019 through September 2021, with refill of the reservoir expected to begin in October 2021. 4 Regulatory Permits and Associated Consultation In addition to FERC approval, major regulatory authorizations for the construction of the proposed modifications to the Project include an Individual Permit from the USACE and NCDWR pursuant to Section 404/401 of the CWA. A pre -application meeting was held with Duke Energy and representatives from Jackson County, the USACE, and the U.S. Fish and Wildlife Service (USFWS) on December 1, 2015 to discuss the proposed auxiliary spillway upgrade project, associated environmental impacts, and to develop a collaborative permitting strategy. An Individual Permit application for the proposed auxiliary spillway upgrade was submitted on July 26, 2016 and supplemented on October 20, 2016 and November 15, 2016. On March 22, 2017, the USACE issued an Individual Permit pursuant to Section 404 of the CWA for the placement of fill in waters of the U.S. during the Cedar Cliff Development auxiliary spillway upgrade project. A copy of the Section 404 permit is provided in Appendix B. On December 9, 2016, the NCDWR issued an individual CWA Section 401 Water Quality Certification (WQC) for the construction activities and associated impacts to streams and open waters during the Cedar Cliff Development auxiliary spillway upgrade project. A copy of the Section 401 WQC is provided in Appendix C. On May 16, 2019, Duke Energy requested an amendment to the previously approved Section 404 and Section 401 Individual Permit, to incorporate the revised water quality monitoring plan, an update to the USACE Individual Special Condition 20.0 regarding required depth of Turbidity Barriers, and request authorization for additional impacts to Cedar Cliff Lake to accommodate the proposed Cedar Cliff Access Area — Temporary Construction Access Road (Appendix C). An amended Section 404 and Section 401 Individual Permit is expected to be issued by USACE and NCDWR, respectively, in the second quarter of 2019. In addition to the aforementioned pre -application meeting, multiple site visits were conducted by the USFWS with representatives from Duke Energy and HDR. On August 19, 2016, following Duke Energy's Individual Permit application to the USACE and NCDWR, the USFWS submitted a report in accordance with the provisions of the National Environmental Policy Act, Fish and Wildlife Coordination Act, and Section 7 of the Endangered Species Act. The August 2016 report from May 2019 1 9 Environmental Report OR Cliff Auxiliary Spillway Upgrade USFWS included recommended provisions for minimizing potential impacts during construction to the Northern Long -Eared Bat and Indiana Bat (see Section 5.6) as well as erosion control and reservoir drawdown. A copy of this correspondence is provided in Appendix D. Consultation with the North Carolina State Historic Preservation Office (NCSHPO) and Eastern Band of Cherokee Indians (EBCI) Tribal Historic Preservation Office (THPO) regarding the proposed construction is required by Section 106 of the National Historic Preservation Act for both the Individual Permit application to the USACE and pursuant to the Historic Properties Management Plan (HPMP) for the Project. As provided by the HPMP, in the event of a large, planned, extended drawdown, the Licensee will consult with the NCSHPO and the EBCI THPO regarding the need to conduct archaeological surveys of the exposed area. A large, planned, extended drawdown is any planned drawdown where the pond elevation will remain at least 10 ft below the normal minimum elevation for a minimum of 30 consecutive days. Pursuant to the requirements of the HPMP, Duke Energy sent a letter dated August 5, 2016 to the NCSHPO and EBCI THPO providing notification and description of the planned construction activities and associated drawdown at the Cedar Cliff Development. No response was received by Duke Energy from the EBCI THPO. Via letter dated August 30, 2016, the NCSHPO indicated it is unlikely that any archaeological resources that may be eligible for inclusion in the National Register of Historic Places (NRHP) would be adversely affected by the planned construction activities and drawdown. The NCSHPO requested that Duke Energy take photographs to document the current condition of the dam and its surroundings pursuant to their guidelines. A copy of the August 2016 letter from NCSHPO is provided in Appendix E, Attachment 2. Duke Energy is in the process of completing the photographic documentation of the Cedar Cliff Dam and its surroundings pursuant to the NCSHPO's request and guidelines. On August 7, 2018, HDR, on behalf of Duke Energy, sent a copy of the draft Environmental Report to the USFWS, NCDWR, and NCWRC for their review and comment within 30 days of receipt. The USFWS, NCDWR, and NCWRC all responded within 30 days of receipt of the draft report with no further comments or recommendations. See Appendix G for agency replies and the draft Environmental Report. On October 1, 2018, Duke Energy filed the final Environmental Report with FERC, in support of Duke Energy's request for approval for temporary variance from License Article 401. FERC issued public notice of Duke Energy's application on November 5, 2018. No comments, motions to intervene, or protests were in turn filed. Duke Energy updated this Environmental Report in the spring of 2019 to reflect the final proposed duration for the reservoir drawdown (25 months) in support of construction and distributed the updated version to USFWS, NCDWR, and NCWRC for their review and comment within 30 days of receipt. Following agency review, Duke Energy plans to file the updated Environmental Report and request for approval for temporary variance from License Article 401 with FERC. As required by the North Carolina Sedimentation Pollution Control Act and local ordinances, Duke Energy will also be filing a Land Disturbance permit application with Jackson County and an Erosion and Sediment Control (ESC) Plan with the North Carolina Department of Environmental Quality for approval in advance of construction. May 2019 1 10 Environmental Report OR Cliff Auxiliary Spillway Upgrade 5 Environmental Resources To facilitate the FERC's Division of Hydropower Administration and Compliance review of environmental effects of Duke Energy's plans for the Cedar Cliff auxiliary spillway upgrade in conjunction with review of the final design and construction plans by the FERC's Division of Dam Safety and Inspections- ARO, resources that may potentially be impacted by the planned construction activities and proposed protection, mitigation, or enhancement measures are identified and described below. The information presented in this section was obtained from evaluations conducted for the relicensing of the Project, as well as desktop evaluations and on-site surveys performed by qualified resource specialists and agency consultation conducted in support of the joint USACE/NCDWR permitting process for the auxiliary spillway upgrade. The FERC issued a new license for the East Fork Hydroelectric Project on May 4, 2011, which incorporates the conditions of the Section 401 WQC issued by the North Carolina Department of Environment and Natural Resources, Division of Water Quality (now NCDWR) on July 30, 2010 and the condition submitted by the USFS pursuant to Section 4(e) of the Federal Power Act4. Potential effects of the planned construction on license requirements, and the need for temporary variances from license requirements, are addressed in Section 6 of this document. 5.1 Geological and Soil Resources 5.1.1 Affected Environment The Project is situated in the Blue Ridge physiographic province, a deeply dissected mountainous zone that extends northeast -southwest from southern Pennsylvania to central Alabama. The physiography of Jackson County consists of high, intermediate, and low mountains; floodplains; and low stream terraces. The East Fork Tuckasegee River is located in the Tuckasegee River watershed, which generally drains to the north. The Project is surrounded by open water, rural residential, pastureland, and forested undeveloped lands. The surficial geology in the region includes late Precambrian to early Paleozoic metasedimentary, metavolcanic, and igneous rocks from the Tallulah Falls Formation (TFFm) and the Whiteside Mountain Pluton. Rock types consist of biotite gneiss, garnet-aluminous schist, muscovite -biotite gneiss, and igneous rocks ranging from quartz diorite to granodiorite. Surficial deposits include alluvial deposits along the major streams, low and high-level stream terrace deposits, and colluvial deposits along the mountain slopes. The soils in the area vary from shallow to very deep and are well -drained to excessively -drained owing to the landscape, which is characterized by rugged, dissected intermediate mountains, prominent mountain peaks and rock cliffs and moderately broad ridgetops, wide side slopes, and narrow coves (FERC 2006). The Cedar Cliff Development is located in the Eastern Tennessee -Western North Carolina seismic zone, corresponding to the USGS Seismic Zone 2, which is considered a zone of potentially 4Duke Energy Carolinas, LLC, 138 FERC ¶ 62,146 May 2019 1 11 Environmental Report FN Cliff Auxiliary Spillway Upgrade moderate damage. There are no known active faults in the vicinity of the East Fork Project (FERC, 2006). 5.1.2 Potential Environmental Effects General construction activities, including modifications to access roads and development of laydown areas, will disturb geological and soil resources. Such activities will have short-term impacts to geological and soil resources in the immediate work area. Planned construction activities include deepening and widening the existing auxiliary spillway channel and replacing the two existing fuse plugs with a Fusegate system. Approximately 75 percent of the auxiliary spillway channel length will be modified (variable width and depth increase) through residual soil and rock excavation (i.e., rock splitting and controlled rock blasting). Additional rock excavation and foundation preparation will occur at the existing fuse plug control section. In support of engineering design for the auxiliary spillway upgrade, a geotechnical subsurface investigation was conducted by HDR for Duke Energy in August -December 2016. The data obtained from the 2016 subsurface investigation was used to develop the foundation design for the planned Fusegate structure, the design of the rock cuts for the auxiliary spillway channel improvements, as well as to investigate and determine the potential effort required to excavate the existing rock to widen and deepen the existing auxiliary spillway channel. Additional recommendations from the geotechnical investigation have been incorporated into the design and plans for the auxiliary spillway upgrade, including analysis of scour in the spillway channel, evaluation of potential acid -production from Iithologies within the TFFm (see Section 5.2.2), and establishment of design requirements for temporary and permanent rockfall stabilization and protection measures during construction and for long-term performance of the Fusegate and auxiliary spillway. 5.1.3 Proposed Mitigation Measures For the protection of geological and soil resources, as well as water and biological resources during construction activities and the reservoir drawdown, ESC measures will be implemented and maintained, as necessary per the requirements of the WQC issued by the NCDWR on December 9, 2016 and to maintain compliance with the state water quality standards, statutes, or rules. As required by Condition 6 of the WQC, to prevent erosion and sedimentation, Duke Energy will develop and secure approval of an ESC Plan prior to commencing drawdown of the water level in the reservoir. (Additionally, prior to construction, a Soil Erosion and Sediment Control Plan will be submitted to FERC ARO along with other final construction plans and specifications for FERC approval.) The work area will be inspected daily for signs of erosion or degradation and ESC device failure. Following construction, all disturbed areas will be restored and re -graded to pre -construction grades and re -vegetated with native vegetation. As noted above, results of and recommendations from the geotechnical subsurface investigation have been incorporated into the final design and plans for the auxiliary spillway upgrade. The Geological and Geotechnical Subsurface Investigation Report for the Cedar Cliff auxiliary spillway upgrade was filed by Duke Energy with the FERC ARO on July 14, 2017 and accepted by FERC via letter to Duke Energy dated January 4, 2018. In accordance with the Hydro Project Maintenance & Emergency Protocol (HPMEP) for the Project (Appendix A of the license order), and as required by Condition No. 3 of the WQC issued by May 2019 1 12 Environmental Report FN Cliff Auxiliary Spillway Upgrade NCDWR on December 9, 2016, Duke Energy has prepared a Cedar Cliff Lake Drawdown Plan for the 25 -month drawdown planned for 2019-2021 (Appendix E). The Drawdown Plan describe the procedures and schedule associated with the Cedar Cliff Lake drawdown and measures to maintain compliance with the state water quality certification, FERC license and associated plans, and the Tuckasegee Cooperative Stakeholder Team Settlement Agreement, as applicable. The Drawdown Plan includes measures for the protection of geological and soil, as well as water, biological, cultural, and recreation resources. 5.2 Water Quality and Quantity 5.2.1 Affected Environment The Cedar Cliff Development is part of the Tennessee River system and lies within the Tuckasegee River watershed (HUC 06010203), which is a subbasin of the Little Tennessee River. The total drainage area of the Tennessee River is 42,000 square miles, of which the Little Tennessee River basin contributes 2,627 square miles, including more than 655 square miles from the Tuckasegee River watershed. The Tuckasegee River flows through the cities of Cullowhee, Sylva, and Bryson City, North Carolina before it joins the Little Tennessee River almost 50 miles from its headwaters. The Project reservoirs are surrounded by steep, forested slopes ranging in elevation from 2,250 to 3,800 ft AMSL. The Tuckasegee River watershed contains some of the most pristine, high-quality waters in the state of North Carolina and supports numerous trout streams. The East Fork of the Tuckasegee River (including Cedar Cliff Lake) from Tennessee Creek to the West Fork Tuckasegee River is classified as a Water Supply III (WS -III), Primary Recreation Class B; Trout Waters surface water, as designated by the NCDWR. At full pond elevation 2,330 ft AMSL, Cedar Cliff Lake has a surface area of 121 acres and a total reservoir volume of 6,200 acre-feet. The reservoir inundates about 2.6 miles of the East Fork Tuckasegee River and has a total drainage area of 80.7 square miles, including the direct tributaries to the lake. Average annual inflow to Cedar Cliff Lake is approximately 284 cfs, which is seasonally variable but regulated by releases from the upstream Bear Creek Development. The reservoir has a maximum depth of 150 feet, a mean depth of 55 feet, and a mean water retention time of 15.3 days at full pond elevation. According to the NCDWR, water quality in Cedar Cliff Lake has been monitored since 1988 and the lake has been characterized as oligotrophic (i.e., very low biological productivity) since at least that time. Based on water quality sampling conducted by the NCDWR (data provided to Duke Energy) in Cedar Cliff Lake between 1988 and 2014, water temperature in the late summer (August to September) months ranged from approximately 10 degrees Celsius (°C) at lower elevations to approximately 27°C at a depth of 0.5 -ft beneath the surface. The maximum surface -to -bottom (approximately 100 ft) temperature differential was 19.8°C, and the minimum surface -to -bottom temperature differential was 4°C. Additional characteristics of Cedar Cliff Lake, under existing and temporary construction conditions, are listed in Table 5-1. May 2019 1 13 Environmental Report OR Cliff Auxiliary Spillway Upgrade Table 5-1. Cedar Cliff Lake Characteristics Parameter 001� Full Pond (Spillway Elevation) 2,330 ft AMSL Tainter Gate Sill Elevation 2,305 ft AMSL 30 -ft Drawdown Elevation 2,300 ft AMSL Cedar Cliff Hydro Intake Elevation 2,202 ft AMSL Proposed Elevation of Top of Spoil 2,250 ft AMSL Lake Volume below Full Pond A 6,320 acre -ft Lake Volume below Tainter Gate -�■ 3,742 acre -ft Lake Volume below 30 -ft Drawdown Epp 3,386 acre -ft Lake Volume below Hydro Intake 42 acre -ft Mean Outflow' qq 209.0 cfs Mean Retention Time (Full Pond) 15.3 days Mean Retention Time (30 -ft Drawdown) 8.1 days Max Depth at Dam (Full Pond) 148 ft Max Depth mid -lake sampling (Full Pond) 106 ft pH Rangel 5.7-8.0 Mean Alkalinity2 0.13 meq/1 Conductivity Rangel _j 14-20 S/m Mean Oxygen below 2,250 ft-AMSL2�IN 7.8 mg/I Minimum Observed Oxygen2 ON 4.2 mg/I Mean Nitrate2 qN, 0.019 mg/I Calculated from Cedar Cliff operations (1953-2013) 2 from NCDENR data reported in NP&L (2000) mg/l=milligrams per liter; meq/l=mill iequivalents of solute per liter; S/m=Siemens per meter As noted in Section 2, Cedar Cliff Dam creates a 0.46 -mile -long Bypassed Reach from the base of the dam to the Cedar Cliff powerhouse discharge and back to the East Fork Tuckasegee River. No continuous minimum flow from the reservoir is provided to the Bypassed Reach. 5.2.2 Potential Environmental Effects Throughout the construction period, Duke Energy will continue to release minimum flows from Cedar Cliff Lake to the downstream East Fork Tuckasegee River as required by license Article 404 and Condition 6 of the 2010 WQC. Potential water quality impacts due to construction of the planned auxiliary spillway upgrade and associated facilities may result from drawdown of the reservoir, May 2019 1 14 Environmental Report OR Cliff Auxiliary Spillway Upgrade physical construction activities that have the potential to cause erosion or sedimentation, and placement of excavated materials in Cedar Cliff Lake. As noted above in Section 3.2 and described in detail in the Drawdown Plan included in Appendix E, Cedar Cliff Lake will be drawn down 30 ft for approximately 25 months to allow for construction of the auxiliary spillway upgrade. The drawdown would result in a temporary reduction in water quantity in Cedar Cliff Lake. Additionally, sediment in the drawdown zone has the potential to be subject to erosion and resuspension. The drawdown and other planned construction activities, including rock cutting and placement of excavated material in the reservoir, have the potential to result in temporary and localized increases in turbidity in Cedar Cliff Lake. Potential water quality impacts associated with the placement of the excavated materials in the reservoir have been evaluated throughout the engineering design and Section 404/401 permitting process. Through analysis of the results of geotechnical and geological subsurface investigations performed at the Cedar Cliff Development in late 2016, pyrite (FeS2) was identified in rock exposures at the site and in the rock core from boreholes drilled for the subsurface investigation.5 Rocks with greater than 1 percent pyrite and/or pyrrhotite by volume or pyritic sulfur in excess of 0.5 weight percent are considered to be potentially acid -producing (Byerly 1990 and Byerly 1996, in HDR 2018a). Pyrite can react in the presence of atmospheric oxygen and water to form ferrous sulfate and sulfuric acid. Although some acid -drainage is produced by natural weathering (Huckabee et al. 1975), construction activities can expose large volumes of rock containing sulfide minerals to oxidizing conditions. Subsequent leaching of the oxidation products by rainfall/groundwater result in the formation of acid -drainage characterized by low pH values, high concentrations of sulfate, and mobilization of metals such as iron, aluminum, and manganese. A rock spoil evaluation was conducted for Duke Energy to further characterize the pyritic rocks at the site, specifically with regard to pyrite crystal size and mineral abundance, and to evaluate the potential impact of the placement of pyritic rock spoil into Cedar Cliff Lake (HDR 2018b). Subsequent petrographic analyses of metasedimentary rocks of the TFFm from the rock cores indicated that the garnet mica schist, mica schist, and schistose biotite gneiss lithologies contained 2 percent to 7 percent pyrite by volume (HDR 2017). Based on boreholes drilled during the geological/ geotechnical site investigation for the auxiliary spillway upgrade, approximately 26 percent of the total excavated material (73,600 cy) will be made up of these three rock lithologies (HDR 2017). There are no known instances of acid -drainage related to the metasedimentary rocks of the TFFm in the region surrounding the site. The results of the rock spoil evaluation demonstrated a low potential for acid -production due to the coarse-grained pyrite -bearing rocks in the TFFm, based on the petrographic analysis of samples that have been continuously submerged since the reservoir was filled; this is consistent with the site's 65 -year history of non -acid -production. As described in the Water Quality Monitoring Plan (Appendix F), the physical and chemical properties of Cedar Cliff Lake (Table 5-1) also influence the amount of oxidation production in the 5 Note that the acid -producing potential of certain metasedimentary rocks of the Blue Ridge Province has been known since the late 1960s. The Cedar Cliff site is underlain by rocks of the TFFm; the major acid - producing rocks are graphitic schists of the Anakeesta Formation, located west of the Project. There are no known instances of acid -drainage related to the TFFm that underlie the Project. May 2019 1 15 Environmental Report FN Cliff Auxiliary Spillway Upgrade reservoir and downstream reaches. For example, the wide range of pH values reflect the poor buffering capacity of the low alkalinity water as biological activity metabolized carbon dioxide. In addition, the low ionic strength, as measured by conductivity, also influences the ability to measure accurate pH values as well, indicating the poor buffering capacity. The relatively high dissolved oxygen concentrations in the lake would favor higher rates of pyrite oxidation, but these rates would be significantly low compared to exposure to atmospheric oxygen. The low nitrate concentrations would limit the amount of de -nitrification associated with anaerobic nitrate -dependent microbial pyrite oxidation. Probably the most significant factor limiting the accumulation of pyrite oxidation products in the lake is the very high flushing rate of the reservoir. The average retention time of the water at full pool is 15.3 days; at a 30 -ft drawdown the average retention time of the water is reduced to 8.1 days. Also, at the 30 -ft drawdown, the primary means of maintaining the lake level is through powerhouse operation, which draws water from the bottom of the lake, further reducing the accumulation of oxidation products in the lake. 5.2.3 Proposed Mitigation Measures As described above in Section 5.1.3, Duke Energy will develop and secure approval of an ESC Plan prior to commencing drawdown of the water level in the reservoir. Best Management Practices (BMPs) in the vicinity of construction activities will also be employed for the protection of water quality, including but not limited to installing protective silt fencing, restricting the use of wet concrete within surface waters, and implementing and maintaining a spill prevention plan for heavy equipment. Following construction, all disturbed areas will be restored and re -graded to pre - construction grades and re -vegetated with native vegetation. As described in the Drawdown Plan included in Appendix E, during drawdown and immediately after the drawdown elevation is reached, inspections will be performed by Duke Energy once per week and after significant rainfall events (e.g., precipitation estimates for the Project area of 1 inch or greater within 24 hours), as feasible. Approximately one month after the drawdown is reached and based on the condition of the exposed lake bottom, inspections will occur at least monthly for the duration of the drawdown. Inspections will identify mass wasting and sloughing on the banks and remediation measures will be installed as needed. Remedial measures may include installation of straw bales along the banks or similar measures to decrease velocity of waters, decrease erosion, and minimize the amount of sediment released to Cedar Cliff Lake through erosion. Erosion control materials (i.e., straw bales) will be available onsite in the event such materials need to be rapidly deployed via barge. Additionally, Cedar Cliff Lake will be lowered and refilled at a rate no greater than 3 ft per 24 hours. Pre- and post -construction water quality (i.e., pH) monitoring has been requested by the agencies (USACE, NCDWR, and NCWRC) to confirm the disposal of the excavated materials in the reservoir as proposed does not negatively affect water quality within or downstream of the Cedar Cliff Development. This request was initially made at a February 21, 2018 meeting with NCDWR, NCWRC, USACE, and USFWS, where Duke Energy presented and discussed the results of its rock spoil evaluation. To address this request, Duke Energy has developed a monitoring plan for the auxiliary spillway upgrade to assess any direct changes in water quality of Cedar Cliff Lake or the downstream reach due to pyrite oxidation. On May 29, 2018, the monitoring plan was provided to USACE, NCDWR, and NCWRC for concurrence. The final monitoring plan, including commencement of water quality monitoring in the summer of 2018, is being implemented by Duke Energy pursuant to the Individual Permit and WQC issued by NCDWR for construction of the auxiliary spillway upgrade is included in Appendix F. May 2019 1 16 Environmental Report OR Cliff Auxiliary Spillway Upgrade 5.3 Fisheries and Aquatic Resources 5.3.1 Affected Environment Because the required minimum flow will be maintained at the Cedar Cliff powerhouse throughout the construction period, and the construction footprint is primarily limited to the reservoir, dam, and the area immediately below the dam, the area of interest with respect to effects of construction on fisheries and aquatic resources includes Cedar Cliff Lake and the upstream extent of the 0.46 -mile - long Bypassed Reach. Cedar Cliff Lake is classified by the USFWS National Wetlands Inventory (NWI) as lacustrine, limnetic, consolidated bottom, permanently flooded, diked/impounded (L1 UBHh). Shoreline habitats along Cedar Cliff Lake include clay/weathered bedrock, sand/cobble, vegetated/stream confluence, and woody debris. These habitats provide food and cover for aquatic fauna and critical nursery areas for juvenile fish. Cedar Cliff Lake exhibits a wide variety of warmwater and coolwater fish species. Fish survey data for Cedar Cliff Lake collected in the 1960s and 1996 by the NCWRC identified 18 species, many of which are game species such as smallmouth and largemouth bass (most common), and rainbow, brown, and brook trout (FERC 2006). The reservoir is classified by the NCWRC as hatchery supported trout waters. In 2018, Cedar Cliff Lake was stocked by NCWRC with rainbow trout. Riverine habitat along the Cedar Cliff Bypassed Reach (East Fork Tuckasegee River downstream from Cedar Cliff Dam to the powerhouses) includes riffle/run complexes and pools with a variety of coarse substrate such as sands, cobbles, boulders, and bedrock. Organic aquatic habitats include leaf packs, woody debris, root masses, and submerged/emergent vegetation. The riparian corridor is intact and includes large trees and shrubs that provide shade and cover for aquatic organisms. The Bypassed Reach is typically dry, as there are no substantial direct tributaries to this reach, with the lowest portion of the Bypassed Reach receiving only 0.5 cfs of cumulative mean flow (FERC 2006). Due to the primarily dewatered condition, historical sampling has indicated both low diversity and abundance of the fish community in this reach. As part of the 2002 relicensing studies, Duke Energy evaluated benthic m acroi nverteb rates at a sampling location on the East Fork approximately 1.5 miles downstream of the Cedar Cliff Dam that received a bioclassification of Good -Fair. A site reconnaissance of the sampling location revealed no suitable mussel habitat or other evidence of mussel occurrence. 5.3.2 Potential Environmental Effects Potential impacts to fisheries and aquatic resources due to construction of the planned auxiliary spillway upgrade and associated facilities may result from drawdown of the reservoir, physical construction activities, and placement of excavated materials in Cedar Cliff Lake. Cedar Cliff Lake will be drawn down 30 ft below the normal full pond elevation for approximately 25 months during construction activities. As water levels recede, aquatic organisms may become stranded. Habitat within the drawdown zone will be unavailable for fish and other aquatic organisms. The exposed habitat may undergo minor alteration during drawdown, but will quickly become reestablished once the reservoir is refilled subsequent to construction activities. Exposed areas include the upstream extent of Cedar Cliff Lake, which will be dewatered except for periods of power May 2019 1 17 Environmental Report OR Cliff Auxiliary Spillway Upgrade generation at Bear Creek (see the drawdown reservoir water surface map included as Attachment 1 of the Drawdown Plan in Appendix E). Increases in suspended sediment associated with the planned construction could affect the aquatic resources and may adversely affect aquatic habitat (when and if present) in the Bypassed Reach or reservoir bottom by filling in pools and coarse substrate (i.e., gravel and cobble) habitats with fine- grained material. However, any increases in turbidity are expected to be temporary and localized; therefore, effects are anticipated to be negligible. As described below, increases in turbidity will be controlled to the greatest extent possible through measures such as the ESC Plan and BMPs. The placement of excavated materials from the auxiliary spillway excavation in Cedar Cliff Lake is expected, based on consultation between Duke Energy and NCWRC, to create additional fish habitat in the reservoir. 5.3.3 Proposed Mitigation Measures As described in the Drawdown Plan (Appendix E) and Section 5.1.3, above, impacts of the drawdown on fisheries and aquatic resources will be limited by lowering and refilling the reservoir at a rate no greater than 3 ft per 24 hours on a continuous basis until the desired lake elevation is achieved. During the reservoir drawdown process, Duke Energy will perform inspections of the exposed shoreline areas for the occurrence of erosion or fish stranding in shallow lake areas. If erosion or fish stranding is observed, Duke Energy will consult with the resource agencies to determine if a decreased drawdown rate is necessary to reduce the likelihood of erosion or strandings. Duke Energy has developed and will implement an ESC Plan and BMPs to minimize impacts to water quality and aquatic resources. Following construction, all disturbed areas will be restored and re -graded to pre -construction grades and re -vegetated with native vegetation. 5.4 Wetlands and Riparian Communities 5.4.1 Affected Environment According to the NWI, reaches of the East Fork of the Tuckasegee River are identified as riverine, upper perennial, rocky shore, temporary flooded (R3RSA) and riverine upper perennial, unconsolidated bottom, and permanently flooded (R3UBH) (Cowardin et al. 1979). The East Fork Tuckasegee River reach located within the vicinity of Cedar Cliff Dam is generally 20 to 40 ft wide with stream bank heights ranging from 4 to10 ft. The riparian buffer is mostly intact with localized areas of scour and stream bank erosion. The NWI classifies Cedar Cliff Lake as lacustrine, limnetic, consolidated bottom, permanently flooded, and diked/impounded (L1 UBHh). In September 2015, in support of the Section 404/401 permit application, Duke Energy contracted with HDR to survey the work area and adjacent lands for wetlands and jurisdictional waters of the U.S. under Section 404 of the CWA. The areas were examined according to the methodology described in the USACE 1987 Wetland Delineation Manual (USAGE 1987), USACE Post-Rapanos guidance, USACE Eastern Mountains and Piedmont Regional Supplement (USACE 2012), and NCDWR Methodology for Identification of Intermittent and Perennial Streams and Their Origins (Version 4.11) (NCDWR 2010). On-site reconnaissance activities identified the East Fork Bypassed Reach and Cedar Cliff Lake as jurisdictional waters. During a site visit in December 2015, the USACE verbally confirmed that they May 2019 1 18 Environmental Report Cedar Cliff Auxiliary Spillway Upgrade will not claim federal jurisdiction over aquatic habitats within the auxiliary spillway or the seep drainage along the toe of the main dam. Table 5-2 provides a summary of jurisdictional waters of the U.S. within the work area (i.e., boundary depicted on Appendix A, Figure 2). Table 5-2.Summary of Jurisdictional Waters 35.251261 R3RSA/ * —2,000 linear feet -83.100550 R3UBH 35.255780 L1 UBHh —121 acres -83.096929 5.4.2 Potential Environmental Effects Table 5-3 provides a summary of impacts to USACE jurisdictional waters. Table 5-3.Impacts to Jurisdictional Waters Summary Sheet 2 Cedar Cliff Lake Sheet 3 Cedar Cliff Lake Sheet 3 Cedar Cliff Lake Cedar Cliff Sheet 6 Lake Temporary Fill 0.5 acres (Barge Loading Staging Area) Permanent Fill 9.6 acres (Spoil) 'm Temporary 50.8 acres (Dewatering) Permanent Fill 0.01 acres (Submerged Weir) 60.91 acres As previously noted, Duke Energy has received an Individual Permit pursuant Section 404 (Appendix B) and WQC pursuant to Section 401 (Appendix C) of the Clean Water Act for these impacts. 5.4.3 Proposed Mitigation Measures Duke Energy has developed and will implement an ESC Plan and BMPs to minimize impacts to wetland resources. Following construction, all disturbed areas will be restored and re -graded to pre - construction grades and re -vegetated with native vegetation. As required by Condition 6 of the WQC issued by NCDWR in December 2016, and as described above, Duke Energy will develop and secure approval of an ESC Plan prior to commencing drawdown of reservoir. ESC measures shall not be installed in wetlands or waters with the exception of turbidity curtains. All ESC devices shall be removed and the natural grade restored. ESC practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such BMPs. May 2019 1 19 Environmental Report FN Cliff Auxiliary Spillway Upgrade Additionally, to prevent sedimentation in the upstream reservoirs from traveling into the downstream reaches, the Individual Section 404 permit requires Duke Energy to employ all ESC measures to prevent an increase in sedimentation or turbidity within waters/wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all potentially disturbed areas. Additionally, the Project will remain in full compliance with the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Prior to any excavated spoil repository work, Duke Energy will require the contractor to install minimum 5 -foot turbidity barriers with weighted skirts adjoining the repository work areas that are in or adjacent to surface waters. The turbidity barriers shall stay in place until work is complete and erodible materials have been stabilized. 5.5 Terrestrial and Wildlife Resources 5.5.1 Affected Environment In 2015, in support of the proposed auxiliary spillway upgrade and the Section 404/401 permit application, a botanical survey was conducted by for Duke Energy by HDR within the planned construction footprint (work area). Based on Classification of the Natural Communities of North Carolina — Fourth Approximation (Schafale 2012), several natural communities were identified including Montane Acid Cliff, Acidic Cove Forest, and Rich Cove Forest. The work area is dominated by hard and mixed hardwood pine forest types. The forested areas are comprised of mature woody, herbaceous, and vine species including black oak (Quercus veluntina), northern red oak (Quercus rubra), white oak (Quercus alba), American sycamore (Platanus occidentalis), American beech (Fagus grandifolia), black walnut (Juglans nigra), black locust (Robinia pseudoacacia), cucumber tree (Magnolia acuminate), green ash (Fraxinus pennsylvanica), mockernut hickory (Carya tomentosa), persimmon (Diospyros sp.), tulip poplar (Liriodendron tulipifera), hemlock (Tsuga canadensis), red maple (Acer rubra), striped maple (Acer pensylvanicum), white pine (Pinus strobus), yellow birch (Betula alleghaniensis), black cherry (Prunus serotina), chokecherry (Prunus virginiana), ironwood (Carpinus caroliniana), mountain doghobble (Leucothoe fontanesiana), mountain laurel (Kalmia latifolia), spicebush (Lindera benzoin), witchhazel (Hamamelis virginiana), yellowroot (Xanthorhiza simplicissima), bee balm (Monarda sp.), cardinal flower (Lobelia cardinals), horsetail (Equisetum sp.), goldenrods, jack -in -pulpit (Arisaema triphyllum), Nepalese browntop (Microstegium vimineum), wingstem (Verbesina alternifolia), ebony spleenwort (Asplenium platyneuron), southern lady fern (Athyrium filix-femina), sensitive fern (Onoc/ea sensibilis), catbrier (Smilax sp.), Japanese honeysuckle (Lonicera japonica), muscadine (Vitis rotundifolia), poison ivy (Toxicodendron radicans), trumpet creeper (Campsis radicans), and Virginia creeper (Parthenocissus quinquefolia). Terrestrial communities are comprised of forested lands with a few open habitats that may support a diverse number of wildlife species. Representative mammal, bird, reptile, and amphibian species commonly occurring in these habitats are listed below. Note individual species and/or evidence of species observed during HDR's field survey are indicated with an asterisk (*). Information on species that typically use these habitats in the Appalachian Oak Forest Region was obtained from relevant literature, mainly the Biodiversity of the Southeastern United States, Upland Terrestrial Communities (Martin et al. 1993). May 2019 1 20 Environmental Report OR Cliff Auxiliary Spillway Upgrade Mammal species that commonly occur in these habitats include eastern cottontail (Sylvilagusfloridanus); gray squirrel (Sciurus carolinensis); eastern chipmunk (Tamisstriatus), southern flying squirrel (Glaucomysvolans), various vole, rat, and mice species; raccoon (Procyonlotor); Virginia opossum (Didelphisvirginiana); white-tailed deer (Odocoileusvirginiana), and black bear (Ursus americanus). Bird species that commonly use these habitats include indigo bunting (Passerine cyanea), prairie warbler (Dendroica discolor), northern cardinal (Cardinalis cardinalis), field sparrow (Spizella pusilla), rufous -sided towhee (Pipilo erythrophthalmus), red -eyed vireo (Vireo olivaceous), scarlet tanager (Piranga olivacea), blue jay (Cyanocitta cristata), and Carolina chickadee (Poecile carolinensis). Predatory birds may include several hawk and owl species and turkey vulture (Cathartes aura). Reptile and amphibian species that may use this terrestrial community include copperhead (Agkistrodon contortrix), eastern corn snake (Pantherophis guttatus), eastern box turtle (Terrapene carolina carolina), eastern fence lizard (Sceloporus undulatus), five -lined skink (Plestiodon fasciatus), spring peeper (Pseudacris crucifer), timber rattlesnake (Crotalus horridus), and American bull frog (Rana catesbeiana). The dominant species of salamander in these habitats are dusky salamanders (Desmognathus spp.). 5.5.2 Potential Environmental Effects Minimal amounts of terrestrial vegetation will need to be cleared to expand the auxiliary spillway channel and make other minor improvements to access roads. Improvements to access roads to better facilitate construction activities will require removal of vegetation and ground disturbances, but effects will be temporary and localized. Impacts of construction on sensitive species are addressed in Section 5.6. 5.5.3 Proposed Mitigation Measures Duke Energy has developed and will implement an ESC Plan and BMPs to minimize impacts to terrestrial resources. Following construction, all disturbed areas will be restored and re -graded to pre -construction grades and re -vegetated with native vegetation. Additionally, Duke Energy will cut trees as needed in a manner that minimizes impacts to federally protected bat species, as discussed in greater detail in Section 5.6. 5.6 Threatened and Endangered Species 5.6.1 Affected Environment A list of federally protected species for Jackson County, North Carolina was obtained from the USFWS website on April 24, 2018. Table 5-4 provides a summary of these species. May 2019 1 21 Environmental Report OR Cliff Auxiliary Spillway Upgrade Table 5-4. Federally Protected Species for Jackson County, North Carolina C/emmys muhlenbergii Glaucomys sabrinus coloratus Myotis sodalis Myotis septentrionalis Myotis grisescens Invertebrates Alasmidonta raveneliana Spruce -Fir Moss Spider . Microhexura montivagaMicro- T(S/A) Probable/ Potential MCurrent E Current T Current E Current E Current E Vascular Plants =� Curren M W�� T Currant T Current E Current E = Endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = Threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." T(S/A) = Threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. 2 Current = The species has been observed in the county within the last 50 years. Probable/Potential = The species is considered likely to occur in the county based on the proximity of known records (adjacent counties), the presence of potentially suitable habitat, or both. An on-site survey to identify potential habitat and possible individuals of federally protected species known to occur in Jackson County was conducted in preparation for the Section 404/401 permit application. As part of this effort, HDR consulted the North Carolina Natural Heritage Program (NCNHP) Element Occurrence database for protected species distribution and proximity to the Cedar Cliff Development. The NCNHP database revealed no known occurrences of federally protected species within the work area. The following is a summary of biological conclusions for species that are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973. The site visit revealed no suitable habitat for the bog turtle, Carolina northern flying squirrel, Appalachian elktoe, spruce -fir moss spider, small -whorled pogonia, swamp pink, or rock gnome lichen within the work area. Potential roosting habitat for the Indiana bat and northern long-eared bat was identified along the rock face of the auxiliary spillway and trees along the top of the ridge. A database search conducted by the USFWS indicated no known northern long-eared bat occupied hibernacula and maternity roost trees are located within close proximity of the work area. During a site visit conducted by USFWS, Duke Energy, and HDR representatives on March 23, 2016, the May 2019 1 22 Environmental Report FN Cliff Auxiliary Spillway Upgrade USFWS determined that there is suitable habitat for federally protected bat species along the bluff of the existing auxiliary spillway. USFWS recommended a summer acoustic survey to be conducted to determine the presence and/or absence of Indiana bat and northern long-eared bat within an approximate 3 -acre proposed blasting and clearing area required for the auxiliary spillway modifications. 5.6.2 Potential Environmental Effects Minimal amounts of terrestrial vegetation will need to be cleared to expand the auxiliary spillway channel and make other minor improvements to project access roads. Additionally improvements to access roads to better facilitate construction activities may require removal of vegetation. Vegetation removal (i.e. tree clearing) could have effects on the Indiana bat and northern long-eared Bat; however, Duke Energy has consulted with appropriate agencies and will implement protective measures for the protection of federally listed bat species during the planned construction. A study plan following the 2016 Rangewide Indiana Bat Summer Survey Guidelines was developed for Duke Energy and submitted to USFWS for approval on April 25, 2016, as part of the Section 404/401 permit process. A bat acoustic survey was conducted for Duke Energy during the summer survey window (May 16 to May 18) at two locations for two nights each to determine the presence and/or probable absence of Indiana bats and northern long-eared bats within the proposed blasting and clearing area. Bat calls were analyzed using two software programs approved by the USFWS: BCID and EchoClass. Ten bat species were initially identified by the acoustic analysis programs. A total of five Indiana bat and eight northern long-eared bat call files were identified. A report detailing the findings of the bat acoustic survey was submitted electronically to the USFWS on June 13, 2016 (HDR 2016). After reviewing the report, USFWS confirmed that the survey results indicated both species (Indiana bat and northern long-eared Bat) were present within the work area. Duke Energy subsequently submitted mitigation measures to minimize adverse impacts. Provided that all of the mitigation measures are implemented, the USFWS concurred with a "may affect, not likely to adversely affect" determination for the federally listed bat species. 5.6.3 Proposed Mitigation Measures Duke Energy proposes to cut trees within the 3 -acre blasting and clearing area from October 15 — April 15 to avoid impacts to the maternity roosting period for federally protected bat species. The USFWS will be notified if (unplanned) trees need to be removed during the summer maternity roost season. In this situation, an experienced biologist will conduct an on-site habitat assessment to determine if trees to be cleared are suitable roosts (i.e. live trees and/or snags that have exfoliating bark, cracks, or crevices). If potential roosts are identified, emergence surveys will be conducted at nighttime, before trees/snags are removed. If emergence surveys indicate federally protected bats use those trees, the USFWS will be contacted to establish a plan for proceeding prior to tree removal. Additionally, potential suitable roost trees adjacent to the work area will be marked and protected during clearing activities. 5.7 Historic and Archaeological Resources 5.7.1 Affected Environment In association with the 2004 East Fork Project FERC license application, Duke Energy commissioned a National Register evaluation of Project facilities and an archaeological survey. May 2019 1 23 Environmental Report FN Cliff Auxiliary Spillway Upgrade Based on this evaluation, project facilities at the Cedar Cliff Development were determined to be eligible for the National Register since the development is an element of the larger Nantahala area hydropower system. In addition, the Project is eligible under the categories of Industry and Military. In the 1950s, electricity generated by the Project was used by the Alcoa Corporation to meet the growing need of aluminum during the Korean Conflict and the Cold War's operations in eastern Tennessee. An archaeological survey was conducted in portions of the Project identified by the NCSHPO, Forest Service, and EBCI THPO as having potential to contain historic properties. Phase I archaeological surveys were completed along the shorelines of Bear Creek Lake, Wolf Creek Lake, and the Tanasee Creek Lake during a 10 -ft drawdown. A survey of Cedar Cliff Lake was not performed as part of the evaluation. As required by license Article 414, Duke Energy maintains and implements an HPMP for the Project. The HPMP provides measures to avoid, minimize, and mitigate adverse effects on historic properties from Project operation. The HPMP includes special provisions associated with large, planned, extended drawdowns, which is defined as any planned drawdown where the pond elevation will remain at least 10 ft below the normal minimum elevation for a minimum of 30 consecutive days. Specifically, the provision states that in the event of a large, planned, extended drawdown, the Licensee will consult NCSHPO and EBCITHPO regarding the need to conduct archaeological surveys of the exposed area. 5.7.2 Potential Environmental Effects As described in Section 4, and due to the extent of the planned reservoir drawdown, Duke Energy initiated consultation with NCSHPO and EBCI THPO regarding the proposed construction activities and reservoir drawdown. Pursuant to the requirements of the HPMP, Duke Energy sent a letter dated August 5, 2016 to the NCSHPO and EBCI THPO providing notification and description of the planned construction activities and associated drawdown at the Cedar Cliff Development. No response was received by Duke Energy from the EBCI THPO. Via letter to Duke Energy dated August 30, 2016, NCHPO indicated it is unlikely that any archaeological resources that may be eligible for inclusion in the NRHP will be adversely affected by the planned construction activities and drawdown. 5.7.3 Proposed Mitigation Measures In accordance with the HPMP, in the event that previously unknown archaeological or historic sites are identified during the course of the reservoir drawdown, Duke Energy will notify the NCSHPO and ECBI THPO as soon as possible, not to exceed 10 days following the day that Duke Energy becomes aware of the previously unknown site. Duke Energy will propose a management plan for the site in consultation with the NCSHPO and EBCI THPO. Additionally, in the event that a previously unknown archaeological or historic site is discovered during the course of construction activities, Duke Energy will halt construction and initiate consultation with the NCSHPO and EBCI THPO. If advised by the NCSHPO or EBCI THPO, Duke Energy will ensure that a qualified archaeologist assesses the newly discovered site to determine if it is eligible for the NRHP. If the site is found to be a Historic Property (i.e., eligible or potentially eligible for the NRHP), Duke Energy will enter into consultation with NCSHPO and EBCI THPO to determine the appropriate course of action. May 2019 1 24 Environmental Report OR Cliff Auxiliary Spillway Upgrade 5.8 Recreation Resources and Land Use 5.8.1 Affected Environment As described in Section 2.3, the FERC Project boundary around the Cedar Cliff Development encompasses two formal public recreation sites, the Cedar Cliff Access Area, located on Cedar Cliff Lake, and the Shook Cove Access Area, located downstream of the powerhouses (Appendix A, Figure 3). The Cedar Cliff Lake Access Area, which is maintained through a cooperative maintenance agreement between Duke Energy and NCWRC, currently provides a boat ramp, pier, seasonal portable toilet, and parking. The site is maintained in accordance with the approved Recreation Plan for the Project, which was filed with FERC by Duke Energy on December 19, 2011 (supplemented March 5, 2012) and approved by FERC by order dated November 27, 2012. 5.8.2 Potential Environmental Effects The planned construction activities are not anticipated to have any effect on the Shook Cove Access Area. As described in the Cedar Cliff Lake Drawdown Plan (Appendix E), the Cedar Cliff Access Area will not be open during construction, as the boat ramp will be unusable during the reservoir drawdown. The site will remain closed until Cedar Cliff Lake returns to elevation 2,323 ft AMSL or greater. 5.8.3 Proposed Mitigation Measures Pursuant to the requirements of the FERC -approved Recreation Plan and associated agreement with the NCWRC, and as noted in the Drawdown Plan (Appendix E), Duke Energy has coordinated with the NCWRC for methods for closure of the Cedar Cliff Lake Access Area. As mitigation for this impact, NCWRC requested that Duke Energy use this opportunity to perform additional maintenance at the site, including paving and limited removal of accumulated sediment under dewatered/dry conditions. Flow from Kiesee Creek has eroded the existing floating boat dock and sediment has been deposited in the shallow portion of the reservoir. Duke Energy plans (subject to the terms of the amended Section 404 and Section 401 Individual Permit issued by USACE and NCDWR) to excavate the excess sediment from the reservoir to elevation 2,322 ft msl, with all excavated material to be deposited in upland areas. Installation of a permanent rock vane is proposed to deflect flow from Kiesee Creek away from the boat launch. 6 Consideration of License Requirements 6.1 License Articles Standard License Articles 2 and 3, Articles 202 (Exhibit F Drawings) and 203 (Exhibit G Drawings), and Article 305 (As -Built Drawings) License Articles 3, 202, and 203 require the licensee to maintain the project work in conformity with the approved exhibits and that changes to exhibits (A, F, and G) be approved by the FERC. License May 2019 1 25 Environmental Report OR Cliff Auxiliary Spillway Upgrade Article 303 requires the licensee to file within 90 days after construction is complete, revised Exhibits A, F, and G (as applicable) for FERC approval to show the project facilities as -built. The modifications to project works that will occur as part of the auxiliary spillway upgrade project have been designed in consultation with and as directed by the FERC ARO to satisfy safe passage of the IDF without overtopping Cedar Cliff Dam. Following the completion of construction activities, Duke Energy will file with the FERC revised/as-built Exhibits A, F, and G to reflect permanent modifications to project works of Cedar Cliff Development. Article 302 — Contract Plans and Specifications License Article 301 requires that the licensee submit one copy of the final contract plans and specifications and supporting design report to FERC ARO and two copies to the FERC at least 60 days prior to construction. The submittal must include a Quality Control and Inspection Program, a Temporary Construction Emergency Action Plan, and an ESC Plan. The licensee cannot begin construction until the FERC ARO has reviewed and commented on the plans and specifications, determined that all pre -construction requirements have been satisfied and authorized the start of construction. Duke Energy submitted final contract plans and other submittal requirements to the FERC ARO on March 18, 2019. Construction will not begin until all pre -construction requirements are met and the FERC ARO has authorized the start of construction. Article 401— Reservoir Level Management License Article 401 requires the licensee to operate the Cedar Cliff Development according to the reservoir level management provisions, as required by Condition 6 of the [2010] WQC to protect the aquatic and recreation resources in the Tuckasegee River and to provide downstream flows. Pursuant to Article 401 and WQC Condition 6, the Normal Operating Range for Cedar Cliff Lake is 2,326 to 2,330 ft AMSL year-round. General requirements for temporary variances in lake level requirements are addressed in the Hydro Project Maintenance and Emergency Protocol, which is included as Appendix A in the East Fork License. Due to the extended duration of the planned reservoir drawdown, Duke Energy is seeking approval from the FERC for a temporary variance from the requirements of Article 401 in order to hold the reservoir level at approximately 2,300 ft AMSL for the duration of the required drawdown period to complete construction activities at the Cedar Cliff Development. The Cedar Cliff Lake Drawdown Plan included as Appendix E has been developed in consultation with the NCWRC, USFS, USFWS, and NCDWR. Article 402 — Recreation Plan License Article 402 requires the licensee to file with the FERC for approval within one year of license issuance, a Recreation Plan for the East Fork Hydroelectric Project to enhance the recreation resources at the Project. Duke Energy filed a Recreation Plan with the FERC for approval on December 19, 2011, which was supplemented on March 5, 2012. On November 27, 2012, the FERC issued an Order Modifying and Approving the Recreation Plan. Cedar Cliff Access Area is currently maintained through a cooperative maintenance agreement with NCWRC signed on June 5, 2008. Per the 2008 agreement, if it becomes necessary to temporarily May 2019 1 26 Environmental Report OR Cliff Auxiliary Spillway Upgrade close any Public Access Area or any portion thereof (e.g. if a lake level is too low to safely use the access area), written notice shall be provided through electronic mail or by letter to the other party of such condition, and the Parties will jointly determine the appropriate course of action, including methods for closure, and public notification. Duke Energy is currently working with the NCWRC regarding the impacts to the Cedar Cliff Access Area during construction activities. Temporary impacts to and proposed mitigation measures for the Cedar Cliff Access Area due to the reservoir drawdown are addressed in Section 5.8. Article 403 — Public Information at East Fork Project License Article 403 requires the licensee to continue to provide information on its website and telephone system in regards to reservoir levels and recreation flows for Cedar Cliff Lake. Duke Energy will continue to provide information related to the schedule and associated impacts of the Cedar Cliff Lake drawdown on the existing Duke Energy website (httl)s://www.duke- energy.com/community/lakes) and telephone system. Article 404 — Minimum Flows and Flow Monitoring Plan License Article 404 (as amended) requires the licensee to release minimum flow from the Cedar Cliff reservoir, as required by WQC Condition 6, consisting of a flow during non -generation hours of 10 cfs from December 1 through June 30 and 35 cfs from July 1 through November 30, or during low inflow periods a flow of 6 cfs from December 1 through June 30 and 11 cfs from July 1 through November 30, each year, from the Cedar Cliff Development to the East Fork of the Tuckasegee River. Duke Energy will continue to provide the minimum flows from the Cedar Cliff Development required by Article 404 and WQC Condition 6 and pursuant to the East Fork Minimum Flow/Flow Monitoring Plan approved by FERC by order dated March 2, 2012. As described in the approved Minimum Flow/Flow Monitoring Plan, the minimum flow is provided through the minimum flow turbine installed in 2013, which is capable of meeting the full range of flows required by License Article 404. For any periods when the minimum flow turbine is not available, the minimum flow will be provided over the principal spillway. In the event the required minimum flows cannot be provided during the drawdown period due to low inflow, Duke Energy will provide written notification pursuant to the FERC -approved Minimum Flow and Flow Monitoring Plan and Low Inflow Protocol. Article 405 — Recreation Flow License Article 405 requires the licensee to operate the East Fork Project in coordination with the West Fork Project to provide scheduled recreation flow releases into the main stem of the Tuckasegee River during the recreation season. As described and required by the East Fork Minimum Flow/Flow Monitoring Plan approved by the FERC by order dated March 2, 2012, the East Fork Project is operated (1) in accordance with the Normal Generation Schedule to Support Recreation to facilitate the preferred angling flow of at or below 500 cfs vicinity of the Dillsboro section of the Tuckasegee River during the Primary Angling Periods defined in the license, and (2) at or above best efficiency flow in support of boating target flows of about 800 cfs in the vicinity of the Dillsboro section of the Tuckasegee River during the Primary Boating Periods defined in the license. May 2019 1 27 Environmental Report OR Cliff Auxiliary Spillway Upgrade The annual schedule for East Fork Project recreation releases is developed according to License Article 405 and in consultation with recreation stakeholders. The auxiliary spillway upgrade is not expected to impact normal generation at the developments of the East Fork Project. Additionally, in the event that the East Fork Project is unavailable to operate to facilitate the downstream required recreation flows, license Article 405 allows for the requirements to be met with flow releases from the West Fork Project. Duke Energy therefore expects to continue to provide the recreation flows into the Tuckasegee River during the recreation season, throughout the duration of the drawdown and construction activities. Article 408 — Shoreline Management Plan License Article 408 requires the licensee to file for FERC approval a Shoreline Management Plan (SMP), to be developed in consultation with USFWS, NCWRC, and NCSHPO, to protect the scenic quality and environmental resources at the Project area. Duke Energy filed the SMP with FERC for approval on June 29, 2012, which was supplemented on August 31, 2012. On February 20, 2014, FERC issued an Order Modifying and Approving the SMP. The proposed drawdown and construction activities are not expected to result in any permanent changes to the Shoreline Management Plan and are consistent with the approved SMP. The work area shown in Appendix A, Figure 2 is encompassed primarily within areas classified in the SMP as "Project Operations." Article 409 - Sediment Management Plan License Article 409 (and Condition 6 of the 2010 WQC) requires the licensee to implement a Sediment Management Plan, to be prepared in consultation with USFWS, NCWRC, USACE, and NCDWQ, for mechanical removal of sediment/drawdown of Project reservoirs. The Sediment Management Plan is to include a provision for best management practices to control sedimentation in the reservoirs upstream of the Cedar Cliff dam from entering the downstream reaches; a provision for dredging that shall include measures to minimize the impact of the project drawdown and sediment removal on environmental resources; and an implementation schedule. As described throughout the current document, no mechanical removal of sediment from Cedar Cliff Lake is proposed as part of the auxiliary spillway upgrade or associated construction or reservoir drawdown activities. Sediment management related to short-term construction impacts of these activities is addressed through the requirements of the Section 404 Individual Permit issued by USACE and the Section 401 WQC issued by NCDWR for construction. As required by Condition 6 of the construction (i.e., 2016) 401 WQC, Duke Energy must develop and secure approval of an ESC Plan prior to commencing drawdown of the reservoir. To prevent sedimentation in the upstream reservoirs from traveling the downstream reaches, the Individual Section 404 permit issued by USACE further requires Duke Energy to employ all ESC measures to prevent an increase in sedimentation or turbidity within waters/wetlands outside the permit area. This shall include, but is not limited to the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the Project will remain in full compliance with the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Duke Energy developed a Cedar Cliff Lake Drawdown Plan (Appendix E) describing the drawdown and refill rate, schedule, public outreach, and sediment and erosion control measures associated May 2019 1 28 Environmental Report FN Cliff Auxiliary Spillway Upgrade with the drawdown. On December 15, 2016, the draft Drawdown Plan was provided for 30 -day review to NCDWR, NCWRC, and USFWS, and each agency provided comments. Duke Energy incorporated the comments received into the Drawdown Plan, as applicable. An updated version of the draft Drawdown Plan is being distributed to these same agencies for final review and concurrence. The final Drawdown Plan including the consultation record and a summary of the comments received and how they were addressed is provided in Appendix E. The Drawdown Plan provides a robust set of measures and procedures for the protection of natural resources to minimize potential impacts associated with reservoir drawdown. Article 414 — Programmatic Agreement License Article 414 requires the licensee to implement the "Final Programmatic Agreement Among the Federal Energy Regulatory Commission and the North Carolina State Historic Preservation Officer for Managing Historic Properties that may be Affected by a License Issuing to Duke Power Company, LLC for the Continued Operation and Maintenance of the East Fork Hydroelectric Project in Jackson County, North Carolina," executed on September 19, 2006, and including but not limited to the approved HPMP, filed August 7, 2006, for the Project. Compliance with the HPMP is addressed in Section 5.7. 6.2 U.S. Forest Service 4(e) Conditions The East Fork Project occupies 23.15 acres of the Nantahala National Forest administered by the USFS, which is adjacent to the Bear Creek and Tennessee Creek developments. The USFS filed one final section 4(e) condition on June 19, 2006. The final term and condition is set forth in Appendix B of the 2011 New License and incorporated into the license by Ordering Paragraph E and summarized below. The Forest Service condition 1 requires Duke to provide a minimum flow of 6 cfs into the Wolf Creek Bypassed Reach between Wolf Creek dam and Tennessee Creek powerhouse from Jan 1 to Dec 31, subject to provisions of the Low Inflow Protocol and the HPMEP. The Cedar Cliff Development auxiliary spillway upgrade project will have no effect on Duke Energy's ability to comply with the 4(e) conditions for the East Fork Project. May 2019 1 29 Environmental Report OR Cliff Auxiliary Spillway Upgrade 7 References Byerly, D. W. 1996. Handling acid -producing material during construction: Environmental and Engineering Geoscience, Volume II, pp. 49-57. Byerly, D. W. 1990. Guidelines for Handling Excavated Acid -Producing Materials: U. S. Department of Transportation, Federal Highway Administration, Publication No. DOTFHWA-FL-007, Washington, DC, 82p. Cowardin, L.M., Carter, V., Golet, F.C., and LaRoe, E.T. 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service, Washington, D.C. Federal Energy Regulatory Commission (FERC). 2006. Preliminary Final Environmental Assessment for Hydropower Licenses, Nantahala East Projects, North Carolina. FERC Office of Energy Projects, Division of Hydropower Licensing, Washington, DC. July 2006. HDR. 2016. Indiana and Northern Long -Eared Bat Acoustic Survey Report, Cedar Cliff Development Spillway Upgrade Project. Jackson County, North Carolina, June 13, 2016: Report for Duke Energy of the Carolinas, LLC 2017. Geological and Geotechnical Subsurface Investigation, East Fork Hydroelectric Project and Cedar Cliff Development (FERC No. 2698).Tuckasegee, North Carolina, Report for Duke Energy of the Carolinas, LLC. 2018a. Cedar Cliff Rock Spoil Evaluation, East Fork Hydroelectric Project and Cedar Cliff Development (FERC NO. 2698). Tuckasegee, North Carolina, January 4, 2018: Report for Duke Energy of the Carolinas, LLC. 2018b. Cedar Cliff Hydroelectric Development Auxiliary Spillway Upgrade Project Status Update and Permitting Process. Power Point Presentation for Agency Briefing January 18, 2018. Martin, W.H., Boyce, S.G., and Echternacht, A.C.1993. Biodiversity of the Southeastern United States, Upland Terrestrial Communities. S ponso red by the Southeastern Chapter of the Ecological Society of America. Nantahala Power and Light. 2000. FERC Relicensing First Stage Consultation Package. East Fork Hydroelectric Project, FERC Project No. 2608 -NC North Carolina Division of Water Resources (NCDWR). 2010. Methodology for Identification of Intermittent and Perennial Streams and Their Origins (Version 4.11). Schafale, M.P. 2012. Guide to the Natural Communities of North Carolina — Fourth Approximation. (http://cvs.bio.unc.edu/pubs/4thApproximationGuideFinalMarch2Ol2.pdf) U.S. Army Corps of Engineers (USACE). 2012. Regional Supplement of the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region (Version 2.0). U.S. Vicksburg, Mississippi. April 2012. (http://www.usace.army.miI/Portals/2/docs/civilworks/regulatory/req supe/EMP Piedmont v 2b.pd ) 1987. Wetland Delineation Manual. Vicksburg, MS. May 2019 1 30 Environmental Report OR Cliff Auxiliary Spillway Upgrade May 2019 1 A-1 0 0.5 1 2 Miles r, N F)l W E S FIGURE 1-1 PATH: C: WSER&JDVORAMDOCUMENTSIEAST FORKMEGIONAL MAP.M%D-USER : JDVORAK - DATE: 212412017 A-2 .� Ric hm on d SHELTON MOUNTAIN � � `, Z. NGrmlk Q � !n n. Ffnor[vllle Grnensbac r v R.I»iyh K NEDC]rEMaunrrArry O Charlotte r' .s (15• �l, CoIumbIa Rd tlanta n,ll r c 9 z Cedar Cliff a Dam I81<<' �cr {� Aerial Source Data: Sources: Esri, HERE, r DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, af� V. Kadaster NL, Ordnance Survey, Esri Japan, METI, Bear Creek Dam '" Esri China (Hong Kong), swisstopo, Mapmylndia, '4t © OpenStreetMap contributors, and the GIS User Community Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri .y e ,. .„ =- Bear Lake Wolf Creek Dam Golf club EAST FORK HYDROELECTRIC " PROJECT L 0¢. CEDAR CLIFF DAM, BEAR, WOLF, AND � Hickory TANASEE CREEK DAMS AND VICINITY 7. M°+,► ra Tanasee Creek Dam 0 0.5 1 2 Miles r, N F)l W E S FIGURE 1-1 PATH: C: WSER&JDVORAMDOCUMENTSIEAST FORKMEGIONAL MAP.M%D-USER : JDVORAK - DATE: 212412017 A-2 H-�3 161 KV NON—PROJECT66 KV NON—PROJECT TRANSMISSION LINE l� TRANSMISSION LINE I .I I; ,r r' .I I' 1` \ 1 PROJECT 1 BOUNDAR 1 2 ,1 I' 1; '1 1` I r \ 66 KV EAST FORK PROJECT \ TRANSMISSION LINE 1' '1 25' 125, '1 ' 1; 1; 6.6 KV WEST FORK \' PROJECT TRANSMISSION LINE TUCKASEGEE ;I TO THORPE .I I' ;I II I I' I I V e> V 9S�CF 25' 50' \ i I 'I I, ;) \ \i TUCKASEGEE DAM N 567368. 1800 \ E 769108.4100 NC 107 „ � I I 1 \ 1 NON -PROJECT TRANSMISSION LINES ) 25' 50' i N 565737.6500 E 768335. 1100 ----" - ___--' ----�' SUB STATION / THORPE WES THFORK PROJECT) L / :..o•rrI VAN �. .0O� PROJECT BOUNDARY CANADA ROAD SHOOK (NC 281) COVE ROAD—X% PROJECT BOUNDARY q ROAD 3453'± — SHOOK COVE ACCESS AREA 8,35 ACRES SEE SHEET G-6 66 KV EAST FORK PROJECT TRANSMISSION LINE JACKSON COUNTY -35E ��'! 10 PROJECT BOUNDARY CONTOUR EL 2340 1�LoLOit LO i o z It x, ST F N 572669.4800 E 776328.0200 N 572720.7500 E 776349.5900 CEDAR CLIFF'\ �t TUNNEL .% MAIN POWERHOUSE ` _-1i CEDAR CLIFF MINIMUM FLOW POWERHOUSE t { -�,,,,�• 706-21 E SPILLWAY,' - 7W r)" 0\ LEGEND ------------ SINGLE STREAM ----------------- WATER LINE PROJECT BOUNDARY — — — — — — OBSCURED PROJECT BOUNDARY FULL POND — — — — — — OBSCURED FULL POND CONTROL POINT X REFERENCE POINT Stereocompilation process in accordance with National Map Accuracy bg EarthData International. Aerial Photography was flown March 23, 2004 at a scale of approximatelg 1" =1320' 1"=400' 400 200 0 400 800 FEET North Carolina State Plane Coordinate System Horizontal Datum is NAD 83/95 Harn (FT) Vertical Datum is NGVD 29 (FT) The Project Boundary is defined bg an elevation contour, the elevation was provided bg Duke Energg. The Full Pond is defined as an elevation contour, the elevation was provided bg Duke Energy. These contours are defined using 4 ft contours with an accuracy of 2 ft. Dashed contours depict areas of approximate elevations due to obscured areas, TENNESSEE CREEK DEVELOPMENT KEY MAP SADDLE DAM �a EDAR AM F S38-56 390'± PROJECT BOUNDARY CONTOUR EL 2340 S38 -56E 575± PROJECT S55 -45W CONTOURY co 215 �,� EL 2340 SPILLWAY PROJECT BOUNDARY CONTOUR EL 2340 - 6U 66 KV EAST FORK PROJECT TRANSMISSION LINE 2° -P L o Z -n _ 23' +1 Co N �Lo N55 -36W 231' ± AR CLIFF ESS AREA 6 ACRES SHEET G-6 EXHIBIT 0 SHEET 0-2 PROJECT BOUNDARY CONTOUR EL 2340 ROAD 281) CONTOUR i{ EL 2340 A� / � �pl'�.� BOUONDARY N 568235.7900 E 778036.2900 I, Walter K Dixon, a Professional Land Surveyor for Duke Energy Corporation have reviewed the East Fork Project Maps. The Planimetric and Project Boundary Contours were produced by Earth Data International based on NAD 83/95 North Carolina State Plane Coordinates on the Horizontal Datum and NAVD 88 Elevations converted to NGVD 29 on the Vertical Datum established by ESP & Associates. The remaining Project Boundary lines were produced based on Duke Energy maps and records. Unless noted, the licensee either owns in fee simple or possesses appropriate easements over all lands shown on this map that are inside the project boundary. �®���8S9�uQGFTIIB ®�P _L`✓ �q ao DC V/t�V ao b ly��ag�q qVp�*aaa �.o O®b ���IIIIIIII96Q9Q039`� �� Seal Walter K. Dixon Date* 4_'2/ PROJECT t ' BOUNDARY CONTOUR EL 2340 EXHIBIT G G-2 EAST FORK PROJECT CEDAR CLIFF DEVELOPMENT JACKSON COUNTY9 NORTH CAROLINA MAP OF PROPERTIES DUKE ENERGY CAROLINAS, LLC SCALE. 1"= 400' DATE. APRIL 2015 FERC N0. P-2698-1070 A-4 5 •'' dd d \ 1 11`Y`h,SEE PARTIAL PUN 1 SRI APPROAUXILIAACH H CHALW EL 2304, \ MF WALL ON CCL -0102-006 -` SEE PART AL PUN 1 f y; ON CCL -011115 00 -- -- �•, ISEE NOTE 2 W FUSECATE AHS ....... _ X 0113 OOJ SEE PARTIAL PLAN 1 i FUSECATE CCL Oi1J 001 I �, FUSECATE _ - - _. .,•wy'. 5 �sd.$N� y� is I 2305 23 4 1 w.- S' , 8 . • i � i � — .2305_ \ •,dt y r cj eat' a r•` £ , � � �- � - -- - - EL 2300.00 ii'• '1H 6V' AUXILIARY SPI - FUSEG E ' 1 RAININ23G WALL i�� I ' R D TME Lf ..., I 'EL 2295.00 R rti DD X00 OUTER CTIANNEL; BASEIJNE OLLOWS IR.6V PROPOSED AUx1LIARYe-'" I \ ��_ L2e ?2gS00 SPLLWAY BOTTOM', r ' EL 236C'CO . 00 5 C , tH 6V EL EL 236000 6 e5 EL 235000 ' H :'o �• 7B LC REINFORCED TU - SLOPE REINRF FORCEMENT IA"AT. • -:E% ENSIGN _ —SE t 113 E PARTIAL ONCCt -s - HOLD MODIFICATIONS• PENDING TO•,;:• ;.•y";' REPLACE REINFORCED SOIL:'':: S\LOPE WITH MSE WALL 2H'. V ' WIDE CH' '•.. {::�.7, H ------- E)2 —ISAFETY BENCH , -?LOPE EHISiING FENCE, y' RANSITION ' _ SEE J TE '"•' I PROPERTY I,,i b •:S, ' I J ' l: Via': t. !:Vitt A '/ rd PARTIAL PLAN 5 PRELIMINARY NOT FOR CONSTRUCTION OR RECORDING CCL -0113-001 REV. A ®N GENERAL NOTES: 1. FOR ADDITIONAL GENERAL NOTES SEE CCL -0100-004. FORDRAWING ISEE CCL -0100-001. FOR ABBREVIATIONS ONS SEE CCL -0100-002. LE END FOR LEGEND AND SYMBOLS SEE CCL -0100-003. 2. AURY SPILLSTEP ELEVATIONS DROXILIAP IN 5 FOOWAYT INCREMENTS BEGINNING L• 'L WITH ELEVATION 2305.00 AT FUSE GATE CONTROL SECTION. 3. FOR HORIZONTAL AND VERTICAL LOCATION POINTS FOR SPILLWAY EXCAVATION SEE CCL 0113-002. A— �>•. 4. LOPES TRANSITIONS FROM 1.5HPLAIN TO \jjj���\\\\\\\\\��\\\\ 1• 2H 1V IN AREA NOTED ON PUNS.. 5 GRADING TO BE BASED ON ACCESSIBILITY AND ACTUAL EXPOSED ROCK \ ELEVAT10N5. D 50 0 50 SCALE: FEET TITLE AUXILIARY SPILLWAY PLAN F— DEI: Tll (' DUKEIILE,'oITED ENERGY® ��Ko�Po Ap� CCL -0113-001 A 9 10 A-5 F)l HDREI kc -Ke CeroF- Lkenae Number: FA118 8 Cburcb 81me1, 8— 1000 CbaHoBe, NC 38303.]0]5 PLAN i11 SCALE! 1"=100' Oto2_002 PRELIMINARY NOT FOR CONSTRUCTION OR RECORDING AUXILIARY SPILLWAY RESERVOIR SPOIL REPOSITORY PLAN AND SECTIONS (' DUKE ENERGY® FlUENAME —.0114.001—N CCL -0114-001 A A-6 CCL -0114-001 REV. A GENERAL NOTES: 1. FOR ADDITIONAL GENERAL NOTES SEE N cCL-0100-004. FOR DRAWING INDEX SEE CCL -0100-001. FOR ABBREVIATIONS SEE CCL -0100-002. ® FDR LEGEND AND SYMBOLS SEE CCL -0100-003. 2. LINES ANOGRADES SHOWN ON THE DRAWINGS INDICATE APPROXIMATE PIACEMENT OF SPOIL MATERIALS PLACE IN THE RESERVOIR. CONTRACTOR SHALL PLACE MATERIALS WITHIN FOOTPRINT OF AREA SHOWN AND INCLNATIONS OF EDGES SHALL BE PLACED TO REMAIN STABLE DURING INITIAL PLACEMENT. 3. PLACEMENT OF SPOIL MATERIAL SHALL MINIMIZE THE POTENTIAL FOR SPOIL MATERIAL TO SHIFT TOWARD THE INTAKE STRUCTURE. SLOPE INCLINATIONS SHALL BE MODIFIED ACCORDING TO MATERIAL PLACED TO AVOID ENCROACHMENT OF SPOIL MATERIAL INTO PROXIMItt OF INTAKE. AUXILIARY SPILLWAY RESERVOIR SPOIL REPOSITORY PLAN AND SECTIONS (' DUKE ENERGY® FlUENAME —.0114.001—N CCL -0114-001 A A-6 A-7 2 3 4 5 6 I CCL-0114-002 REV. A 2350 CEDAR CLIFF RESERVOIR 2350 GENERAL NOTES: FOR ADDITIONAL GENERAL NOTES SEE FD LL POND EL 2330.0 _ CEDAR CLIFF RESERVOIR 1. CCL-0100-004. FORDRAWING INDEX SEE CCL-0100-001. 2300 DRAW DOWN EL 2300.0 FOR ABBREVIATIONS SEE CCL-0100-002. 2300 FOR LEGEND AND SYMBOLS SEE - CCL-0100-003. ,- 2. LINES ANOGRADES SHOWN ON THE DRAWINGS INDICATE APPROXIMATE EXISTING GROUND SPOIL _777777 PLACEMENT OF SPOIL MATERIALS PLACE IN THE RESERVOIR. CONTRACTOR 2250 2 2250 SHALL PLACE MATERIALS WITHIN FOOTPRINT OF AREA SHOWN AND INCLINATIONS OF w EDGES SHALL BE PLACED TO REMAIN —A STABLE DURING INITIAL PLACEMENT. 3. PLACEMENT OF SPOIL MATERIAL SHALL A- 2200 2200 MINIMIZE THE POTENTIAL FOR SPOIL MATERIAL TO SHIFT TOWARD THE INTAKE STRUCTURE. SLOPE INCLINATIONS SHALL �� SECTION / A \ BE MODIFIED ACCORDING TO MATERIAL PLACED TO AVOID ENCROACHMENT OF SCALE: 1'=50' 0114-001 SPOIL MATERIAL INTO PROXIMITY OF NTAKE. 2350 CEDAR CLIFF RESERVOIR FULL POND EL 2330.0 2350 —B CEDAR CLIFF RESERVOIR 2300 DRAW DOWN EL 2300.0 _ IXISTING GROUND 2300 9— 2250 w SPOIL 2200 2250 2200 SECTION n —� SCALE: 1'=50' 0114-001 C- 2350 CEDAR CUFF RESERVOIR FULL POND EL 2330.0 2350 CEDAR CLIFF RESERVOIR DRAW DOWN EL 2300.0 2300 — 2300 EXISTING GROUND r — SPOIL z2so zzsD Q 1 _ 0 2200 "-- 2200 O N SECTION n SCALE 1"=500114-001 2350 CEDAR CLI F RESERVOIR FULL POND EL 2330.0 --" 2350 D —E CEDAR CLIFF RESERVOIR 1 2300 ~" DRAW DOWN EL 2300.0 _� 2300 C EXISTING GROUND 1 2250 SPOIL30 188'} 2250 0 30 SCALE: FEET EXISTINGINTAKE IE 2202.00 } LE 2200 __ oo AUXILIARY SPILLWAY — -- ""- RESERVOIR SPOIL REPOSITORY —P SECTIONS—F— SECTION n SCALE: 1'=50' 0114-001 F)l PRELIMINARY NOT FOR (' DUKE ENERGY® SCALE: AS ED Lcry ES: TGB x: C. a CONSTRUCTION DwGNeE DRAwNGNo. REVISION OR — �.O„ CCL-0114-002 A HDR EE.9—M8, M..Mth.—M- L—N.—I-14118 RECORDING A x — SCh—hSt—,Sx 1000 CNaHotle, NC 28303.]0]5 Avco x0 EVLBLOx DE8 Lxxe xes 1 i a '"s 10 xo ao 4 5 6 7 9 9 1 0 A-7 2 3 4 5 6 I CCL-0114-003 REV' A GENERAL NOTES: 2350 CEDAR CLIFF RESERVOIR FULL POND EL 2330.0 � � 1. FOR ADDITIONAL GENERAL NOTES SEE CCL-0100-004. FOR DRAWING INDEX SEE CCL-0100-001. - FOR ABBREVIATIONS SEE CCL-0100-002. FOR LEGEND AND SYMBOLS SEE CCL-0100-003. 2300 CEDAR CLIFF IjE5ERV01R DRAW DOWN EL 2300.0 2. LINES ANO GRADES SHOWN ON THE DRAWINGS INDICATE APPROXIMATE 3 o PLACEMENT OF SPOIL MATERIALS PLACE IN THE RESERVOIR. CONTRACTOR SHALL PLACE MATERIALS WITHIN FOOTPRINT _ OF AREA SHOWN AND INCLINATIONS OF EDGES SHALL BE PLACED TO REMAIN —A 2250 Dx STABLE DURING INITIAL PLACEMENT. A— TNG GROUND SPOIL w 2200 2150 —B B— CEDAR CLIFF IjESERVOI FULL POND EL 2330.0 CEDAR CLIFF IjE5ERVDIR DRAW DOWN EL 2300.0 —C POIL C— � �I 1m C') r 0 EXISTING DAM '"- 2350 C CEDAR CLIFF RESERVOIR FULL POND E, 2330.0 0 — W CEDAR CLIFF RESERV01 DRAW DOWN L 23000 2300 _ EXISNNG GRO JND D —E m I 2250 SPOIL I I 2200 30 0 30 SCALE: FEET APPROXIMATE MAX JUM EXTENTS OF DAM FILL 2150 TITLE AUXILIARY SPILLWAY RESERVOIR SPOIL REPOSITORY —F SECTION iA1 SECTIONS—F— SCALE _ 1"=30' 0114-001 F)l PRELIMINARY NOT FOR (' DUKE � ENERGY® "IT IILE ' AS xcrvED a ESS: TGB cew CONSTRUCTION OR owGNeE DRAW NG No. RE�RON 11DR EEgh—g, Ca M- Lketue Number: FA118 RECORDING A x — — CCL-0114-003 A St—t, S Ch—h Stt, Babe 1000 Ch—, NC 28303.]0]5 x0 .—VOW 0E8 ONxD Avco xes i a TMs �D xo ao 4 5 6 7 9 9 10 A-8 �i� CCL -0104-020 REQA N GENERAL NOTES: ® 1. FOR GENERAL NOTES SEE CCL -0100-004. FOR DRAWING INOIX SEE CCL -0100-001. FOR ABBREVIATIONS SEE CCL -0100-002. FOR LEGEND AND SYMBOLS SEE CCL -0100-003. 2. BOAT LAUNCH GRADING CONSTRUCTION SEQUENCE: 2.1 VERIFY BOAT DOCKS HAVE BEEN REMOVED BY OTHERS. COORDINATE WITH OWNER. 2.2 INSTALL EROSION CONTROLL MEASURES AND TURBIDITY CURTAIN AS SHOWN ON A— CCL-0103-012. REMOVE SEDIMENT DEPOSITS AND GRADE TOELEVATION 2322 AS O SHOWN ON PLAN. 2.4 INSTALL ROCK VANE. 9 2.5 INSTALL DITCH 6; IMMEDIATELY \ STABALIZE WITH RIPRAP. 2.6 GRADE BOAT RAMP AND FILL EXISTING CHANNEL AS SHOWN ON PIAN. 2.7 INSTALL TEMPORARY STONE CONSTRUCTION ACCESS ROAD AS SHOWN ON CCL-0104-021.—B— KEYNOTES: \ 1O DOCKS TO BE REMOVED BY OTHERS \" PRIOR TO CONSTRUCTION. Y O2 CONTRACTOR SHALL MAINTAIN AGGREGATE BASE ON PARKING LOT IN GOOD CONDITION. "— / ! ♦ ,a �` ; / RIPRAP LINED 0105 012. y ';';• 11 I{ ` 10♦RocN VANE ``T\ �•\ --\ ♦ O2 PARKING LOT � i •A -' O , , , ♦ ♦ ♦ ♦ a a ♦ ♦ a ♦ ♦ a O , ----- .r a ♦ ♦ ♦ a, a, x , ♦ •, ♦ . - -' _2350. �mm —It -- �'\ •, \ ti � • ' a � ', � 3E B IG 5CALE: FEET •, , , _ • �♦ _ 2370 Y \. AUXILIARY SPILLWAY ------ - SHOOK COVE ROAD BOAT RAMP —F GRADING PLAN—F— PLAN SCALE: 1=30' °RCEDAR CLIFF IDF & SPILLWAY UPGRADE ��' DUKEPRELIMINARY NOTFOR ENERGY. CONSTRUCTIONF)l OR Lion Nu—x-115 RECORDING — — D�l4 CCL -0104-020 RAN 440 S Ch..h EI—L S. -ft 1000 Ch—, NO 2020220]5 xes , z s TMs ,a zo ao 4 5 6 ] 6 xn 9RPo 10 A-9 Environmental Report OR Cliff Auxiliary Spillway Upgrade May 2019 1 B-1 Kulpa, Sarah From: Mularski, Eric Sent: Thursday, May 16, 2019 10:23 AM To: 'david.w.brown@usace.army.mil'; Homewood, Sue (sue.homewood@ncdenr.gov) Cc: andrea.leslie@ncwildlife.org'; 'kevin.mitchell@ncdenr.gov'; 'John.Eddy@duke- energy.com'; Wise, Jon; 'Alan.Stuart@duke-energy.com'; Nicholson, Allen (Furber.Nicholson@duke-energy.com); Ken.Karably@duke-energy.com; Banta, Tim; Kulpa, Sarah; Little, Michael Subject: Cedar Cliff Hydroelectric Development Auxiliary Spillway Upgrade Project - Section 404/401 Amendment #2 Attachments: Cedar Cliff Monitoring Plan_20180918.docx.pdf, CedarCliffAccessAreaSitePlans20l 905l 6.pdf Mr. Brown & Ms. Homewood, On behalf of Duke Energy, HDR is requesting an amendment to the previously approved Section 404 (Action ID 2015- 02543) and Section 401 (DWR# 2016-0742) Individual Permit for the Cedar Cliff Development Auxiliary Spillway Upgrade Project (Project). As part of the amendment, Duke Energy would like to include the revised water quality monitoring plan, an update to the USACE Individual Special Condition 20.0 regarding required depth of Turbidity Barriers, and authorization for additional impacts to Cedar Cliff Lake to accommodate the proposed Cedar Cliff Access Boat Ramp — Temporary Construction Access Road. Brief descriptions of these components are described below. 00 Water Quality Plan — A rock spoil assessment was initiated following internal review of the subsurface investigation report that indicated the presence of pyrite material in rock core samples in the auxiliary spillway rock face. These findings were discussed during a Project status update meeting with the environmental regulatory agencies (including the U.S. Army Corps of Engineers, NC Division of Water Resources, US Fish and Wildlife Services, and NC Wildlife Resources Commission) on February 8, 2018. The recommendation was made to develop a Water Quality Monitoring Plan to gather baseline data as well as post -construction data as a due diligence measure to ensure that placement of all excavated material from the auxiliary spillway into the reservoir would not adversely affect water quality. Duke Energy developed a draft Water Quality Monitoring Plan and submitted the document to the agencies for review. On June 6, 2018, a teleconference was held to discuss the proposed Water Quality Monitoring Plan. Per recommendations made during the second meeting, the plan has been revised to include a Data Review and Reporting Requirements section (see attached). The revised Water Quality Monitoring Plan will be attached to the Section 404/401 Individual Permit amendment. oo Turbidity Barriers - Duke Energy requests that SAW -2015-02543 Special Condition 20.0 regarding Turbidity Barriers be revised to read; "Prior to the initiation of any of the work authorized by the permit, the Permittee shall install floating turbidity barriers with weighted skirts that extend to a depth of at least 5 feet around all work areas that are in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained until the authorized work has been completed and all erodible materials have been stabilized." 00 Cedar Cliff Access Area - Temporary Construction Access Road — Duke Energy would like to include an additional barge access area at the existing North Carolina Wildlife Resources Commission's Cedar Cliff Access Area to support the Project. This will require an approximately 550 -foot -long temporary access road to the proposed barge location. The Cedar Cliff reservoir will be drawn down approximately 30 feet in September 2019 after Labor Day to support the installation of the new spillway hoist, maintenance of the radial gate, and the Project. The required reservoir drawdown will be sustained over the course of approximately 25 months. The barge access temporary construction road is necessary to maintain access to the Cedar Cliff reservoir for equipment and material support for the Project during the 25 -month period. Duke Energy is proposing to install an approximately 500 -foot long temporary stone construction access road below the Cedar Cliff Reservoir full pond elevation of 2,330 feet above mean sea level (feet msl). The proposed road will terminate at the 2,300 ft msl reservoir drawdown elevation for barge access (Drawing CCL -0104-021). B-2 Flow from Kiesee Creek has eroded the existing floating boat dock and sediment has been deposited in the shallow portion of the reservoir. Duke Energy is proposing to excavate the excess sediment from the reservoir to elevation 2,322 ft msl as shown on Drawing (CCL -0104-020). All excavated material will be deposited in upland areas. Installation of a permanent rock vane is proposed to deflect flow from Kiesee Creek away from the boat launch. A permanent rock ditch (Ditch 6 on the attached plans) parallel to the proposed access road will be installed to promote flow to the reservoir during the drawdown period. Ditch 6 and rock vane will remain after construction to promote flow away from the boat launch. To facilitate the construction of Rock Ditch 6 a temporary pump -around scheme will be employed along a section of Kiesee Creek as shown on Drawing CCL -0103-012. The proposed limits of the disturbance (LOD) area below the 2,330 ft msl full pond elevation is approximately 1.41 acres. A list of additional impacts below full pond elevation that are requested to be considered as part of this 404/401 permitting addendum are included in the table below. SHEET Number Type of Impact Permanent Impacts Temporary Impacts CCL -0103-012 Dewatering 0 acres 45 linear feet Pump- Around of Kiesee Creek CCL -0104-020 Excavation 0 acres 0.49 acres CCL -0104-021 Barge Access Road (Fill) 0 acres 0.49 acres 2,065 cubic yards of rock fill CCL -0104-020 Rock Ditch 0.70 acres 0 acres 700 cubic yards of rock fill CCL -0104-020 Rock Vane 0.03 acres (100 cubic yards 0 acres of rock fill Attached to this email are the revised Duke Energy Water Quality Monitoring Plan and the proposed Cedar Cliff Access Area Grading Plans and Details. We ask that you review the attached plans and include the additional impacts as part of Duke Energy's Section 404/401 Individual Permit authorization. Please do not hesitate to contact me if you have questions regarding this permit amendment request. Thank you, Eric Mularski, PWS Environmental and Regulatory Team Lead HDR 440 S. Church Street Charlotte, NC 28202 D 704-973-6878 M 704-806-1521 Eric. mularskina.hdrinc.com hdrinc.com/follow-us B-3 =V —E 2 3 4 5 6 7 8t3 I CCL -0103-012 1 O / r / / / /, , / ,'/,/ ' :'/' /' / / /', l , / /' ,', / / / / / / / / , /,ii/ r' ' / // /,'' !/ / / / ,., CEDAR CLIFF RESERVOIR DRAWDOWN EL 2300.00 01/ Z13�� r// 'PROPERTY LINE (TYPa/ '/ /'/ / / ,'/ ,' ,' ' / / • // ' '• '" '\ '�., J , TURBIDITY CURTAIN (TYPE 2) \ \ ' !V, SILT FENCE \ \ �' -r 0105-007`V OCK OUTLET (TYP) \ \ I 1 \ \ / / / / / / / / / / l/ • / / i i / / / CEDAR CLIFF RESERVOIR r l \ `\ - •'� '•♦ I \ - �--'/' �-- r • / / / ' / � / / /1 / // / ,/,/� ,, � �. �, �. ,,! 3�0 ,- ,' FULL POND EL 2330.00O/ SILT FENCE TYP \ :/'''/ '♦ k J \ \ \ \ FERC LICENSE/ ''♦ / I —/ / ,' / / / J / f \ / / 1--- / r / / PROJECT_ BOUNDARY, , ! / 11M _ \i \ / '•♦ / ', \ \ \ \ \ p lam` \10 J \ \ \ \ SILT FENCE /''' '• \ 0105 -007J -HOOK (TYP)' - : l L) \\ \\\ \\\ \\\ \\\ 0 \ \ \ / ,, CONSTRUCTION ACCESS ROAD / /Co \ \ \ / / / / / / / , / ,' / e / / 1 .................._.._. / `. ' 'iii /' /1 // / I ?� '',' /�,/ i /' //, , / l//' ,/ / // ' ! i `� 2 3 0 5 1 1 / /'/i i'/ /! /�/ l /��/ // 1 / l , / , l .-'' ..,./.,'BOAT RAMP 1 I \ \ \\ \ ' 2310 `- �� ...._.._..._.. ...._........_._ 41 00, / / ..�/, ! / , \ / // / , , / ! / \ 1 \ � ...••'....".--' � h BOAT DOCK ROCK CHECK DAM 0105-007 \`\ �` �` '♦ ` \ \ LIMITS OF DISTURBANCE DITCH #6 CL `` CAUTION: OVERHEAD-----_ POWER LINE \ PARKING LOT CAUTION: OVERHEAD // POWER LINE'- \ '♦ 1 / \ / ♦ ,i' \ — _ -- — _''wig ' — ��--- .�• •♦ , \ � � J/ 2340 41* / "..••`' ,'' \ \ /' , / " Imo. _ 1 '•� ` _ — — — — ter' � — �• ♦� \ � r,/ , ///—_—\—_— •'\ / �i // �� ��� - -------.2350_ ____-_� ' _ •�•.•� .k—............ ..—. -- .�,,�' _ _ __� \ ♦;` \`' ` TEMPORARY GRAVEL �� 1 /.� �------------------ _ \ _ •-----•-- \\ --...........♦`\__ \, r/ �.• INSTALL PUMP -AROUND MEASURES�5_• _-- _ ___- _ ----/---, \\I \-- J '♦,, \ CONSTRUCTION ENTRANCE 1 °� !/' _ / 0 05-005.•' ,FOR- DITCH CONSTRUCTION ONLY 0105-008- �, .:"•-••-•�-- =.._. .. ''. `\ / I -, ==_ =2360 -_--`, _ ___ _______'=----- '♦ / ' /I•� `^/' ' /"'.v '/' ^\\ \ / ,—' /' / r' r— — — 370• _ '� t' ;✓�'' -- -\_ / ,;/' \ COORDINATE WITH OWNER BEFORE REMOVING TREES -, r \ ONLY CLEAR TREES NECESSARY TO INSTALL PUMP/ - _____________ `-- •\_ - _---__ - -------- - --- - '�♦ f/ •\ �� `/,,-- \`\ _ �� �/ AROUND MEASURES �,'//,i !' ;,--- ---,_ \ - _______-------------- ----- TITLE GENERAL NOTES: REV. B 1. FOR ADDITIONAL GENERAL NOTES SEE CCL -0100-004. FOR DRAWING INDEX SEE CCL -0100-001. FOR ABBREVIATIONS SEE CCL -0100-002. FOR LEGEND AND SYMBOLS SEE CCL -0100-003. 2. SEE CCL -0104-020 AND CCL -0104-021 FOR GRADING PLAN AND BOAT RAMP CONSTRUCTION SEQUENCE. 3. TEMPORARY IMPACTS BELOW ELEVATION 2330.0 = 1.5 ACRES, 30 0 30 0009 SCALE: FEET PLAN SCALE: 1 "=30' FOR HDR Engineering, Inc. of the Carolinas License Number: F-0116 440 S Church Street, Suite 1000 Charlotte, NC 28202-2075 •' \ '' '-^ _ ' ' ' --- --- ________-_-_- ____-_-_-_-_--- __ _ ___ �' -� AUXILIARY SPILLWAY DUKE E N ERG IF }`l '^ '♦,; , / ' J 1 f \` `_-- `\ -, , ` -' -', CEDAR CLIFF ACCESS AREA -F JOB N0: 10060948 CHKD: EROSION AND SEDIMENT CONTROL PLAN PLAN SCALE: 1 "=30' FOR HDR Engineering, Inc. of the Carolinas License Number: F-0116 440 S Church Street, Suite 1000 Charlotte, NC 28202-2075 PRELIMINARY NOT FOR CONSTRUCTION OR RECORDING �,``��\`� CARO B''' ° ESSI \ ��°Q�oF oN9l!L9 ' SEAL - = 137911 ' -; ��°° ENGINEER°°' ��;' �.y'4F(G.°�-�`�\\ ��'"'�""��� PE SEAL DUKE E N ERG IF SCALE: AS NOTED DES: MGL DWG TYPE: DGN DFTR: JTTD JOB N0: 10060948 CHKD: DATE: FILENAME: CCL-0103-012.DGN APPD: DWG SIZE DRAWING NO. REVISION B ISSUED FOR BIDS. JTTD MGL ANSI D 22.0"x34.0" CCL -0 103-012 B A 3/13/2019 ISSUED FOR BIDS. JTTD MGL — — N0. DATE REVISION DFTR DES CHKD APPD INCHES 1 2 3 TENTHS 4 5 6 7 8 9 10 10 20 30 1 1 1 1 1 1 1 B_4 2 3 4 5 6 7 4. \ I \ / / / / / ' / /' ✓ / / ' / / / / / / , if , / / / / " ' / ' ' / / / / / / / /� / // ', , '/ / �' _-'_�/ � / ' , / Of Of ,' ,' ,'/♦ /,i / //, , , // ♦/ / �/ / , ♦ /// /// / , / / /' / / / / ♦ / / h /' ,/ ' " / / ♦ / /iii' /' 1 ; / / ' / / / / ' / / / / / /, / / / / / / , /// , /, ' /, / / 1 1 1 / / 1 1 I I N \ \ \ \ 1 I I \ \ \ \ 1 I I \ \ \ 1 I 1 CCL -0104-020 -_♦� �' / / ♦ / / ' / ' ' / / ', / ' ,'/ :'/ 'i:=' ,'/,'/ /,'/ r I I I / CEDAR CLIFF RESERVOIR / o / ,t r / / / / I DRAWDOWN EL 2300.00 / ♦ / / r / / \ \ .',' . . ♦ / ' / / / '/ / / �`, /f /O//// /l / \ /// _ , / / ,PROPERTY LINE (TYP� , ♦� / /. . �/r y , /, ♦ _- � \ I 1 •�. I \ Of Q5 CEDAR CLIFF RESERVOIR \ \ / ' / /'// \\ I \ \ \ \ 1�0 ♦ / / I FULL POND EL 2330.00 / r / / / tt , , I , // // / . / ,�_�/ //// ♦ ��/ / / 0/ / / / / - ` ` ��� TERMINATE PERMANENT ` DITCH AT ELEVATION ,', /./ ,' r ♦ /, ♦ , l I! / % /i/ l FERC LICENSE / / , , ,/ / / / .' / / /I / / 1 \ \ \ '•� 1� \ 2300.00 \ \ \ \ 00 / /f / ' / l / /PROJECT BOUNDARY, (- - - - _ `` ``\ ''� \\ \\ \\ \\ O • If it . /l, / / / / , / , / / , , I I- , ♦ , , / / , , _ _ \ \ \ \ ••` \ \ / Of / \ I / I r j 1 / ' ♦ / '/, , / / / ! / f / / / / / , , , , REMOVE SEDIMENT \ l l l l / ,' / ,' / / /, / /ii' // � / , , / / , / ♦ � '' ,�' /' r 'l � _ / j' , / � 1 . \ DEPOSITS. GRADE�N� o x \\ \ \\ \\ \\ \\ \\ / ,'// ,',' //�/, / I /// /////' /// // , ♦/�,/ �, �, �/ / I/ / , /___� , TO ELEVATION 2322.00 N \\ \\ \\ \ \ \\ \\ 11 If �'1 N I I I I I 1 / 1 /''/1/ /- I : -- // , ,'// ,' ////,/ / /,'I l ,/ / / ,'' --''-- '' '' '' \\ 1 \` \` O 1 1 1 I / //, / 1 ! // */ 2322\ / / / / / I 1 I � / _-' 1 i 1 / FILL CHANNEL AND GRADE AREA TOWARDS \ /// I //,///��� /. / ///r , ♦ �, , / , /// / i i I I I I j I \`^ / 2322.0 CONTOUR BOAT RAMP IF \ ` ` \ \ \ \ \ REV. B GENERAL NOTES: 1. FOR GENERAL NOTES SEE CCL -0100-004. FOR DRAWING INDEX SEE CCL -0100-001. FOR ABBREVIATIONS SEE CCL -0100-002. FOR LEGEND AND SYMBOLS SEE CCL -0100-003. FILENAME: CCL-0104-020.DGN 2. BOAT LAUNCH GRADING CONSTRUCTION SEQUENCE: 2.1 VERIFY BOAT DOCKS HAVE BEEN ANSI D 22.0"x34.0" REMOVED BY OTHERS, COORDINATE JTTD MGL - - WITH OWNER. 2.2 INSTALL EROSION AND SEDIMENT CONTROL MEASURES AND TURBIDITY CURTAIN AS SHOWN ON CCL -0103-012. 2.3 REMOVE SEDIMENT DEPOSITS AND GRADE TO ELEVATION 2322.00 AS SHOWN ON PLAN, 2.4 INSTALL PUMP AROUND MEASURES TO CONSTRUCT DITCH 6. 2.5 INSTALL DITCH 6 AS SHOWN ON CCL -0104-021; IMMEDIATELY STABALIZE WITH RIPRAP. 2.6 INSTALL ROCK VANE. 2.7 AFTER DITCH 6 IS INSTALLED REMOVE PUMP AROUND MEASURES. 2.8 GRADE BOAT RAMP AND FILL EXISTING CHANNEL AS SHOWN ON PLAN. 2.9 INSTALL TEMPORARY STONE CONSTRUCTION ACCESS ROAD AS SHOWN ON CCL -0104-021. 2.10 AFTER PROJECT IS COMPLETE, REMOVE ACCESS ROAD AND RESTORE GRADES AS SHOWN. 3. PERMANENT IMPACTS BELOW ELEVATION \ \ \ \ \ \ \ 2330.0 = 0.70 ACRES. It KEYNOTES: // /1/ / I / / / // ,' / I / I , 1 � I I 1 \\ \\ \ \\ \ \ \ 1 / / / , , / I / , / \ N 1 ' \ • \y \ \ • ` \ �'� 1O DOCKS TO BE REMOVED BY OTHERS Of PRIOR TO CONSTRUCTION. CONTRACTOR SHALL MAINTAIN DITCH 6 AGGREGATE BASE ON PARKING LOT IN 1 `, I ` •�• GOOD CONDITION. RIPRAP LINED 0105-012 3 1 \ •�'`�• I •`• CONTINUATION OF DITCH DURING / 1 , 1 I '1 1\ I, / ; I `\ `\ `\ 1 I \ '--_,-_- `\ `\ `\ `. •� O3 SEE CCL -0104-021 FOR - I CONSTRUCTION PHASE. I / 1 I /------ // I ` `\ I I \ \ ------------\\ \\ \ \\ \ `\ \ \` \ (DBOAT DOCK \ O2 PARKING LOT 1 /��•, --- ` \ ` I / / _----__ �`, TOP OF ROCK VANE 2332.0 ROCK VANE � / ' 11 ••�•• r � �� \ \ \\ � � � r - � �\ \ n 1 i• / / / /, / ' / ` \ 0105-012 I \ .,2340 -------------- ` / / / / / I � ( `\ / / ,..r / ,moi // \-' / 1 �- �--' _ -`'rte•: � \� \---` \ �-� \ ---- _-- i'`-/ �--- \ � -1_ j_ w - 6, -- \� \- _--___ ♦-- _/-' -__'- \ 44 \`\ 1 I � / \ ' / i// � -�/ / '. ^/,/ - _ `------------ _ `` �`_` - �_ �-�� ter.` _/� '�-'_�-- -' .�•�• �\ \ ��\\ �\\ _ _ _-- - - - - -9 --- .',.�• •�`• \\\\\ \\� 1 /' / /'%'_--------2350------- �_ \ `- 1 •�..�, _.. �.. _..�• 1 --• .�- _ - \ \ •� \\ ( \'a\\ ------------ 30 0 30 �. ' 1 :��✓�'� --- � _ -\_ -`�`'� /' /' � \\ /'.' ` -- /, ,- �. �--�- --„ 2____ .: � -'_' '----_----- --_-_ `------ -_-- �------ SCALE: FEET 370` TITLE _ AUXILIARY SPILLWAY CEDAR CLIFF ACCESS AREA -F GRADING PLAN HDR Engineering, Inc. of the Carolinas License Number: F-0116 440 S Church Street, Suite 1000 Charlotte, NC 28202-2075 PLAN SCALE: 1 "=30' PRELIMINARY��� C A Ro�''�',,, NOT FOR � o EESS�p Q�oN90 l �o ° SEAL oo o CONSTRUCTION = 03791 = o. ORNGI RECORDING ,,'1. ygFl G.°v \\ ''fill,I II" w\ PE SEAL INCHES 1 2 3 TENTHS 10 20 30 4 5 6 I I I B A 3/13/2019 NO. DATE ISSUED FOR BIDS. ISSUED FOR BIDS. i REVISION FOR DES: MGL DFTR: JTTD CHKD: APPD: REVISION B DFTR DES CHKD APPD 8 9 10 I I B-5 DUKE ENE"" SCALE: AS NOTED DWG TYPE: DGN JOB NO: 10060948 DATE: FILENAME: CCL-0104-020.DGN DWG SIZE DRAWING NO. JTTD MGL ANSI D 22.0"x34.0" CCL -0104-020 JTTD MGL - - DES: MGL DFTR: JTTD CHKD: APPD: REVISION B DFTR DES CHKD APPD 8 9 10 I I B-5 CCL -0104-021 REV. B GENERAL NOTES: 1. FOR GENERAL NOTES SEE CCL -0100-004. FOR DRAWING INDEX SEE CCL -0100-001. FOR ABBREVIATIONS SEE CCL -0100-002. FOR LEGEND AND SYMBOLS SEE CCL -0100-003. 2. SEE CCL -0104-020 FOR GRADING SEQUENCE. 3. TEMPORARY IMPACTS BELOW ELEVATION 2330.0 = 1.5 ACRES. / ♦ . ♦ , / / �/ / /./ p//.// / /, / /,//,' • / _„ / / / , /, / , / / ♦ / , ♦ ♦ / ,','`� /: s%' / /, / / r / -/ I I I / CEDAR CLIFF RESERVOIR / . , O, , / , Ir • ♦ , • I , ._.._ DRAWDOWN EL 2300.00 \ \ \ (NV/ �/ ;PROPERTY LINE (TYP)' / / r / ,.,;/.' /,:/ 7'/'//, , , / ,�--/- \\ I I '-�,•`• I \ \ \ \ ,/����///, / / , /// / /,/ / ///r/� :' � /i,' /, /'n/ �O / �/ � �/ / / /' /'/ / / //// / / // / ,/ / \_ � \\ �_- '•� `\ 1 \ \ \ KEYNOTES: '' � , , , , , / / ♦ ,, , /ii , / ,/ ,, �, � ' � // / � , / , , CEDAR CLIFF RESERVOIR r/r+ /'/' // FULL POND EL 2330.00 \ I \ \ ♦ / / / / / / 1 / 1 / / 9 \ I \ \ \ 1 DOCKS TO BE REMOVED BY OTHERS / /1 // / / //, /, / . , �J / 0 , . , 1/ / 1 / / / �\ II ` \ \ l/'i/ / 2 'Ij0 ''� k21k$ PRIOR TO CONSTRUCTION. V,O'r / /' /' / --_ \ •� \\ \\ - �,, //// ,///I \ ,, , / ♦ _/ //�, , \__` \\ \ 2� •.`' \ \ \ \ \ O2 INSTALL TEMPORARY STONE ACCESS FERC LICENSE // /' ' ' I 5 \ 1 CONSTRUCTION ROAD AFTER GRADING /PROJECT BOUNDARY11 r_/ ,','�, ,� / I I / / / � + IV --___ -` \\ i '•� \ 1 \ \ \ \ W SHOWN ON CCL -0104-020 IS / _ /,' / / , /i///I /, / ,,, ,/ , , ♦ I ,_/ / I / / / / \ \ \ N \ \ \ \ COMPLETE. SEE GENERAL NOTE 2. -' ,,- ,,�/ „/,/ ,, /� „ /� � / // , / ♦, 1 I^ -_,/ , , , � \ -___\ `\ \ '•� \ \ o \ \ \ \ O3 SEE CCL -0104-020 FOR FINAL DITCH ' /i . • / r / - / / '- \ \ \ \ \\ ` `\ `\ `\ GRADES. CONFIRM PAD DIMENSIONS WITH OWNER PRIOR TO CONSTRUCTION. PAD SIZE ,� �, /„� �• ,� // ,,/ / / / / , , , , , , �, \ / 1 / , / I \ SHALL ACCOMMODATE CRANE USED FOR / / , ' 4 r� BARGE ASSEMBLY. 11 /, /, /, ./,/ , //// ////, // // /, //' // // ,' ' ,/ I /r ,' \ \`\\ / / 21-\0}q,g�.V2 TERMINATE TEMPORARY DITCH AT e,, / I / • / , I \ J DRAWDOWN ELEVATION 2300.00 \ / / / / ,' .',.' .'//' / I / ;IJ , /, / / / / // // / / . ,/ / . ♦ , / ,- , , / ! - TEMPORARY STONE 0105-012 CONSTRUCTION ACCESS ROAD ` 2305 / 2310 \ \ BOAT RAM P / /�/ / r♦ /,, , / , / / , ' 1 BOAT DOCKlei DITCH #6 CL 01 / // ,I//ltt _ /'/ / /' / I J I \I II ' /' I 11 kpp/ / G �•^• I \ \`� \` \` \\` \\` �•_\ \ ♦''/'' /+�- i PARKING LOT ALIGNMENT CURVE TABLE CURVE NO. PI STATION DELTA RADIUS TANGENT LENGTH CHORD DIRECTION CHORD LENGTH C1 0+68.70 036°45'21.93" 100.00' 33.22' 64.15' N39°39'44.47"E 63.06' C2 1+43.53 043°37' 14.61'$ 50.00' 20.01' 38.07' N43°05'40.81 "E 37.15' _.\._.._.. _. •. / \ /'✓ / / /' _ I `� ,' /- / _--^ -2360`- 237&--- X 370'`_ ----------------- -------- --- ALIGNMENT --------- P LAN SCALE: 1 "=30' 30 0 30 TITLE AUXILIARY SPILLWAY CEDAR CLIFF ACCESS AREA CONSTRUCTION ACCESS ROAD GRADING PLAN FOR HDR Engineering, Inc. of the Carolinas License Number: F-0116 440 S Church Street, Suite 1000 Charlotte, NC 28202-2075 ALIGNMENT LINE TABLE PRELIMINARY NOT FOR CONSTRUCTION OR RECORDING �,�`��\`� CARo���'%, ......... ESSI \ ��°Q�oF oN9l!L9 SEAL - = 137911 ' �; ��°° ENGINEER°°' ��;' �.°�-� ��'""""��� PE SEAL LINE NO. LENGTH DIRECTION DES: MGL START POINT DWG TYPE: DGN END POINT L1 549.89 N65° 21' 18"E N 779427.4419 N 779927.2402 APPD: DWG SIZE DRAWING NO. E 569436.4247 E 569665.7248 L2 14.45 N61° 42' 35"E N 779464.5016 N 779477.2297 /;' _ _ •,2340 569357.6491 L3 21.02 N58° 02' 25"E N 779477.2297 N 79495.0632 E 569357.6491 E 569368.7752 14 23.89 N21* 17' 04"E N 779535.3102 N 779543.9837 E 569417.3177 E 569439.5822 L5 388.24 N64° 54' 18"E N 779569.3672 N 779920.9632 E 569466.7127 E 569631.3746 _ _ ��.._,•_• _-------.2350----_��---____\ \ _.\._.._.. _. •. / \ /'✓ / / /' _ I `� ,' /- / _--^ -2360`- 237&--- X 370'`_ ----------------- -------- --- ALIGNMENT --------- P LAN SCALE: 1 "=30' 30 0 30 TITLE AUXILIARY SPILLWAY CEDAR CLIFF ACCESS AREA CONSTRUCTION ACCESS ROAD GRADING PLAN FOR HDR Engineering, Inc. of the Carolinas License Number: F-0116 440 S Church Street, Suite 1000 Charlotte, NC 28202-2075 ALIGNMENT LINE TABLE PRELIMINARY NOT FOR CONSTRUCTION OR RECORDING �,�`��\`� CARo���'%, ......... ESSI \ ��°Q�oF oN9l!L9 SEAL - = 137911 ' �; ��°° ENGINEER°°' ��;' �.°�-� ��'""""��� PE SEAL LINE NO. LENGTH DIRECTION DES: MGL START POINT DWG TYPE: DGN END POINT L1 549.89 N65° 21' 18"E N 779427.4419 N 779927.2402 APPD: DWG SIZE DRAWING NO. E 569436.4247 E 569665.7248 L2 14.45 N61° 42' 35"E N 779464.5016 N 779477.2297 E 569350.7985 E 569357.6491 L3 21.02 N58° 02' 25"E N 779477.2297 N 79495.0632 E 569357.6491 E 569368.7752 14 23.89 N21* 17' 04"E N 779535.3102 N 779543.9837 E 569417.3177 E 569439.5822 L5 388.24 N64° 54' 18"E N 779569.3672 N 779920.9632 E 569466.7127 E 569631.3746 _.\._.._.. _. •. / \ /'✓ / / /' _ I `� ,' /- / _--^ -2360`- 237&--- X 370'`_ ----------------- -------- --- ALIGNMENT --------- P LAN SCALE: 1 "=30' 30 0 30 TITLE AUXILIARY SPILLWAY CEDAR CLIFF ACCESS AREA CONSTRUCTION ACCESS ROAD GRADING PLAN FOR HDR Engineering, Inc. of the Carolinas License Number: F-0116 440 S Church Street, Suite 1000 Charlotte, NC 28202-2075 PRELIMINARY NOT FOR CONSTRUCTION OR RECORDING �,�`��\`� CARo���'%, ......... ESSI \ ��°Q�oF oN9l!L9 SEAL - = 137911 ' �; ��°° ENGINEER°°' ��;' �.°�-� ��'""""��� PE SEAL DUKE E N ERG IF SCALE: AS NOTED DES: MGL DWG TYPE: DGN DFTR: JTTD JOB NO: 10060948 CHKD: DATE: FILENAME: CCL -0104-021 .DGN APPD: DWG SIZE DRAWING NO. REVISION B ISSUED FOR BIDS. JTTD MGL ANSI D .0"x3 0" 224. CCL -0 B A 3/13/2019 ISSUED FOR BIDS. JTTD MGL - - N0. DATE REVISION DFTR DES CHKD APPD INCHES 1 2 3 .........TENTHS 10 20 30 4 5 6 7 8 9 10 1 I 1 1 1 1 1 B_6 -E -F PIPE AS REQUIRED PROVIDE TYPE 1 GEOTEXTILE UNDER STONE 6" MIN MAINTENANCE: MAINTAIN THE GRAVEL PAD IN A CONDITION TO PREVENT MUD OR SEDIMENT FROM LEAVING THE CONSTRUCTION SITE. THIS MAY REQUIRE PERIODIC TOPDRESSING WITH SEDIMENT, CLEAN OUT AS NECESSARY. IMMEDIATELY REMOVE ALL OBJECTIONABLE MATERIALS SPILLED, WASHED, OR TRACKED ONTO PUBLIC ROADWAYS. TEMPORARY GRAVEL CONSTRUCTION ENTRANCE DETAIL 1 SCALE: NOT TO SCALE 0103-003 0103-009 0103-010 0103-012 0103-023 SILT FENCE FABRIC INSTALLED TO SECOND WIRE FRON GALVANIZED WOVEN WIRE FIELD FENCE, 14 GAUGE WITH 6" M VERTICAL STAY SPAM 6"X6" MAX MESH SPACII GRADE SPACING: 8' OC MAX W/WIRE FENCE 6' OC MAX EXTRA STRENGTH EXTRA STRENGTH FILTER FABRIC NEEDED WITHOUT WIRE MESH FABRIC- HARDWARE ABRIC-HARDWARE CLOTH 19 GAUGE WITH 1/4" SPACING MSN STEEL POST �, MP (1.25 LB/LIN FT STEEL-51FT MIN LENGTH) 3' MIN STEEL POST 4' MAX (1.25 LB/LIN FT STEEL - 5FT MIN HARDWARE CLOTH LENGTH) MEDIAN 8" DIA RIPRAP MAX: 1'-6" HIGH � F 6" MAX SPACING GENERAL NOTES: 1. SEDIMENT FILTER OUTLET AND HARDWARE CLOTH SHALL BE 16 INCHES HIGH BUT NO TALLER THAN 18 INCHES. 2. HARDWARE CLOTH SHALL BE ANCHORED TO THE STEEL POSTS SECURELY USING APPROPRIATE ANCHORS. HARDWARE CLOTH SHALL BE KEYED A MINIMUM OF 12 INCHES IN LENGTH AND BACKFILLED PROPERLY AS SHOWN IN ABOVE DETAIL. 3. POST SHALL BE NO MORE THAN 4 FEET APART. 4. SITE OUTLETS AT ANY POINT WHERE SMALL CONCENTRATED FLOW IS ANTICIPATED AND AT THE DIRECTION OF THE INSPECTOR. MAINTENANCE NOTES: 1. WASHED STONE (#57) TO BE REMOVED AND REPLACED ONCE IT BECOMES CLOGGED WITH SEDIMENT. 2. SEDIMENT TO BE REMOVED WHEN ACCUMULATIONS REACH 113 HEIGHT OF SILT FENCE. 3. THE KEY TO FUNCTIONAL ROCK OUTLETS IS WEEKLY INSPECTIONS, ROUTINE MAINTENANCE, AND REGULAR SEDIMENT REMOVAL. SILT FENCE (MAX) 1 �1 (MAX) 1.5 1.5 0 J LL. ROCK PLAN 0'-9" MIN PONDING HEIGHT STEEL POST 3' ABOVE GRADE (MAX) RUNOFF r? 6" MIN THICK WASHED STONE (NCDOT #5 OR #57) FACE ON UPSTREAM SIDE SILT FENCE ROCK OUTLET DETAIL SCALE. NOT TO SCALE C7 `1 POST (1.25 LB/FT) ✓EN WIRE FABRIC FENCE FABRIC FILL SLOPE GRADE EXCAVATE TRENCH 8" DEEP X 4" WIDE BURY FABRIC 8" ALONG SIDE AND 4" ACCROSS THE BOTTOM -11 III r mViV Iyicyy IIII SIDE VIEW II II :III I- -11 k I III II II -III I- III III ill- IIII NOTES: 1. FABRIC, PER NCDEQ 6.62, TO BE ANCHORED IN THE TRENCH 8" DOWN AND 4" HORIZONTAL AND THEN BACKFILLED WITH EARTH AND COMPACTED. 2. POSTS TO BE MIN. OF 2'-0"IN GROUND. 3. BRACE POSTS WHERE NECESSARY. 4. ATTACH FABRIC WIRE AND POSTS WITH METAL RINGS ON PLASTIC ZIP TIES (50 LB MIN. TENSILE). 5. POST SHALL BE 5' (MIN.) STEEL "T" POST WEIGHING A MIN. 1.25 LB PER LF, MANUFACTURED WITH CLIPS. 6. WATER SHALL NOT BE IMPOUNDED TO A DEPTH GREATER THAN 1.5 FT AT ANY POINT ALONG FENCE, CONTRACTOR SHALL INSTALL A FENCE IMPOUNDMENT OUTLET, SEE DETAIL 3. MAINTENANCE NOTES: 1. SHOULD THE FABRIC OF A SEDIMENT FENCE COLLAPSE, TEAR, DECOMPOSE, OR BECOME INEFFECTIVE, REPLACE IT PROMPTLY. 2. REMOVE SEDIMENT DEPOSITS AS NECESSARY TO PROVIDE ADEQUATE STORAGE VOLUME FOR THE NEXT RAIN EVENT AND TO REDUCE PRESSURE ON THE FENCE. TAKE CARE TO AVOID UNDERMINING THE FENCE DURING CLEANOUT. 3. REMOVE ALL FENCING MATERIALS AND UNSTABLE SEDIMENT DEPOSITS AND BRING THE AREA TO GRADE AND STABILIZE IT AFTER THE CONTRIBUTING DRAINAGE AREA HAS BEEN PROPERLY STABILIZED. SILT FENCE DETAIL K SCALE: NOT TO SCALE 0103-003 0103-007 0103-011 0103-025 1/4 0103-004 0103-008 0103-022 0103-027 0103-022 0103-005 0103-009 0103-023 0103-028 0103-023 0103-010 0103-024 0105-005 0103-025 0 z I � i� 4" ROCK SECTION TRENCH WITH GRAVEL DESIGN TYPE DRAINAGE AREA APPROX WEIR LENGTH (L) MIN 1/4 1/2 ACRE 3.0 FT 0103-002 0103-002 0103-011 0 0103-004 0103-003 0103-024 0103-022 0103-005 0103-005 0103-025 0103-023 0103-006 0103-007 0103-026 0103-025 0103-007 0103-008 0103-027 0103-027 0103-010 0103-028 LOCATE FENCE OUTSIDE OF TREE BRANCH SPREAD IN PLAN 3'-0" HT ORANGE WARNING FENCE 2"X2" PT STAKE @ 8'-0" OC NOTE: TREE PROTECTION SHALL BE ORANGE SAFETY FENCE, 3FT MINIMUM HEIGHT. TREE PROTECTION FENCE DETAIL r SCALE: NOT TO SCALE 0103-002 0 0 0 0103-004 0103-024 0103-005 0103-025 0 0 0103-006 0 0 0103-026 N -n 0103-007 N ITII 0103-027 SF 0103-008 0103-028 0103-022 2' MIN SIDE VIEW PLAN CCL -0105-005 STRAW 10' MIN BALE (TYP) STAKE (2 PER BALE) Cn w dE 0 0 0 0 0 0 0 FLOW 0 0 0 0 0 0 0 0 1/8" DIA STEEL WIRE STAPLES (2 PER BALE) PLAN 10 MIL PLASTIC {} �� LINER a '--10 MIL PLASTIC LINER BINDING WIRE EXISTING GRADE GENERAL NOTES: w_1 1. FOR GENERAL NOTES SEE CCL -0100-004. FOR DRAWING INDEX SEE CCL -0100-001, FOR ABBREVIATIONS SEE CCL -0100-002 FOR LEGEND AND SYMBOLS SEE CCL -0100-003. WOOD OR V u METAL STAKESJ STRAW (2 PER BALE) NATIVE MATERIAL BALE (OPTIONAL) SECTION A NOTE: INSTALL CONCRETE WASHOUT A MINIMUM OF 50' FROM DRAINAGE FEATURES. IF 50' MINIMUM DISTANCE CANNONT BE MAINTAINED, INSTALL SECONDARY PERIMETER CONTAINMENT. CONCRETE WASHOUT DETAIL SCALE: NOT TO SCALE 0103-022 C: I K `TrrL POST (1.25 LB/FT) SEN WIRE FABRIC F FENCE FABRIC STEEL POST (1.25 LB/FT)- -SF- B/FT)--SF- -SF- -SF- SF - TITLE AUXILIARY SPILLWAY EROSION AND SEDIMENT CONTROL DETAILS FOR CEDAR CLIFF IDF &SPILLWAY UPGRADE SCALE: AS NOTED DES: MGL PRELIMINARY DUKE DWG TYPE: DGN DFTR: JTTD NOT FOR ENERGY JOB N0: 10060948 CHKD: CONSTRUCTION DATE. FILENAME: CCL -0105-005. DGN APPD: OR DWG SIZE DRAWING NO. REVISION HDR Engineering, Inc. of the Carolinas License Number: F-0116 RECORDING A ISSUED FOR BIDS. CL MGL - - ANSI D CCL_p 105-005 A 440 S Church Street, Suite 1000 Charlotte, NC 28202-2075 22.0"x34.0" v PE SEAL N0. DATE REVISION DFTR DES CHKD APPD INCHES 1 2 3 TENTHS 10 20 30 4 5 6 � 8 9 1 0 B-7 M -A N GRADE SEE NOTE 1 FLOW Ln _ _ p l l N & I I III III==11 r=� r=� 1- I -11I �=1TV 11- -1 _III-�I I�- N -n N ITII F7=011- EXCAVATE TRENCH 8" DEEP X 4" WIDE SF -1 III�II� BURY FABRIC 8" ALONG SIDE AND 4" ACCROSS THE BOTTOM III=III=III= 2' MIN SIDE VIEW PLAN NOTE: 1. J -HOOKS TO BE CONSTRUCTED WITH ONE CONTINUOUS LENGTH OF SILT FENCE FABRIC. MAINTENANCE NOTES: 1. SHOULD THE FABRIC OF A SEDIMENT FENCE COLLAPSE, TEAR, DECOMPOSE, OR BECOME INEFFECTIVE, REPLACE IT PROMPTLY. 2. REMOVE SEDIMENT DEPOSITS AS NECESSARY TO PROVIDE ADEQUATE STORAGE VOLUME FOR THE NEXT RAIN EVENT AND TO REDUCE PRESSURE ON THE FENCE, TAKE CARE TO AVOID UNDERMINING THE FENCE DURING CLEANOUT, 3. REMOVE ALL FENCING MATERIALS AND UNSTABLE SEDIMENT DEPOSITS AND BRING THE AREA TO GRADE AND STABILIZE IT AFTER THE CONTRIBUTING DRAINAGE AREA HAS BEEN PROPERLY STABILIZED, SILT FENCE J -HOOK DETAIL SCALE: NOT TO SCALE 0103-003 0103-005 0103-023 0103-007 0103-025 0103-010 0103-027 0103-011 TITLE AUXILIARY SPILLWAY EROSION AND SEDIMENT CONTROL DETAILS FOR CEDAR CLIFF IDF &SPILLWAY UPGRADE SCALE: AS NOTED DES: MGL PRELIMINARY DUKE DWG TYPE: DGN DFTR: JTTD NOT FOR ENERGY JOB N0: 10060948 CHKD: CONSTRUCTION DATE. FILENAME: CCL -0105-005. DGN APPD: OR DWG SIZE DRAWING NO. REVISION HDR Engineering, Inc. of the Carolinas License Number: F-0116 RECORDING A ISSUED FOR BIDS. CL MGL - - ANSI D CCL_p 105-005 A 440 S Church Street, Suite 1000 Charlotte, NC 28202-2075 22.0"x34.0" v PE SEAL N0. DATE REVISION DFTR DES CHKD APPD INCHES 1 2 3 TENTHS 10 20 30 4 5 6 � 8 9 1 0 B-7 M -A i -E -F 2" X 2" WOOD STAKES OR 1.25 #/FT STEEL POST --j 2' SPACING (TYPICAL) CONTINUOUS ALONG TUBE 2 3 4 5 6 7 8 0 3�1 J ILL. SEDIMENT TUBE INSTALLATION SEDIMENT TUBE SPACING SLOPE MAX. SEDIMENT TUBE SPACING LESS THAN 2% 150 -FEET 2% 100 -FEET 3% 75 -FEET 4% 50 -FEET 5% 40 -FEET 6% 30 -FEET GREATER THAN 6% 25 -FEET SEDIMENT TUBES - GENERAL NOTES: 1. SEDIMENT TUBES MAY BE INSTALLED ALONG CONTOURS, IN DRAINAGE CONVEYANCE CHANNELS, AND AROUND INLETS TO HELP PREVENT OFF-SITE DISCHARGE OF SEDIMENT -LADEN STORMWATER RUNOFF. 2. SEDIMENT TUBES ARE ELONGATED TUBES OF COMPACTED GEOTEXTILES, CURLED EXCELSIOR WOOD, NATURAL COCONUT FIBER, OR HARDWOOD MULCH. STRAW, PINE NEEDLE, AND LEAF MULCH -FILLED SEDIMENT TUBES ARE NOT PERMITTED, 3. THE OUTER NETTING OF THE SEDIMENT TUBE SHOULD CONSIST OF SEAMLESS, HIGH-DENSITY POLYETHYLENE PHOTODEGRADABLE MATERIALS TREATED WITH ULTRAVIOLET STABILIZERS OR A SEAMLESS, HIGH-DENSITY POLYETHYLENE NON -DEGRADABLE MATERIAL. 4. SEDIMENT TUBES, WHEN USED AS CHECKS WITHIN CHANNELS, SHOULD RANGE BETWEEN 18 INCHES AND 24 INCHES DEPENDING ON CHANNEL DIMENSIONS. DIAMETERS OUTSIDE THIS RANGE MAY BE ALLOWED WHERE NECESSARY WHEN APPROVED. 5. CURLED EXCELSIOR WOOD, OR NATURAL COCONUT PRODUCTS THAT ARE ROLLED UP TO CREATE A SEDIMENT TUBE ARE NOT ALLOWED. 6. SEDIMENT TUBES SHOULD BE STAKED USING WOODEN STAKES (2 -INCH X 2 -INCH) OR STEEL POSTS (STANDARD "U" OR "T" SECTIONS WITH A MINIMUM WEIGHT OF 1.25 POUNDS PER FOOT) AT A MINIMUM OF 48 INCHES IN LENGTH PLACED ON 2 -FOOT CENTERS. 7. INSTALL ALL SEDIMENT TUBES TO ENSURE THAT NO GAPS EXIST BETWEEN THE SOIL AND THE BOTTOM OF THE TUBE. MANUFACTURER'S RECOMMENDATIONS SHOULD ALWAYS BE CONSULTED BEFORE INSTALLATION. 8. THE ENDS OF ADJACENT SEDIMENT TUBES SHOULD BE OVERLAPPED 6 INCHES TO PREVENT FLOW AND SEDIMENT FROM PASSING THROUGH THE FIELD JOINT. 9. SEDIMENT TUBES SHOULD NOT BE STACKED ON TOP OF ONE ANOTHER, UNLESS RECOMMENDED BY MANUFACTURER. 10, EACH SEDIMENT TUBE SHOULD BE INSTALLED IN A TRENCH WITH A DEPTH EQUAL TO 1/5 THE DIAMETER OF THE SEDIMENT TUBE. 11, SEDIMENT TUBES SHOULD CONTINUE UP THE SIDE SLOPES A MINIMUM OF 1 FOOT ABOVE THE DESIGN FLOW DEPTH OF THE CHANNEL. 12, INSTALL STAKES AT A DIAGONAL FACING INCOMING RUNOFF. NOTES: 1. CHECK DAMS MAY BE USED IN SLOPING DITCHES OR CHANNELS TO SLOW VELOCITY OR TO CREATE SEDIMENT TRAPS. 2. ENSURE THAT MAXIMUM SPACING BETWEEN DAMS STAKES PLACED PLACES THE TOE OF THE UPSTREAM DAM AT THE AT 2' MINIMUM SAME ELEVATION AS THE DOWNSTREAM DAM (SEE SPACING PROFILE BELOW). 3. A AND B ARE AT EQUAL ELEVATIONS. NCDOT CLASS B RIPRA ll��.; ����eiltrs "ill:_PLAN SYMBOL SEDIMENT TUBES - INSPECTION & MAINTENANCE: 1. THE KEY TO FUNCTIONAL SEDIMENT TUBES IS WEEKLY INSPECTIONS, ROUTINE MAINTENANCE, AND REGULAR SEDIMENT REMOVAL, 2. REGULAR INSPECTIONS OF SEDIMENT TUBES SHALL BE CONDUCTED ONCE EVERY CALENDAR WEEK AND, AS RECOMMENDED, WITHIN 24 HOURS AFTER EACH RAINFALL EVEN THAT PRODUCES 1/2 INCH OR MORE OF PRECIPITATION. 3. ATTENTION TO SEDIMENT ACCUMULATIONS IN FRONT OF THE SEDIMENT TUBE IS EXTREMELY IMPORTANT. ACCUMULATED SEDIMENT SHOULD BE CONTINUALLY MONITORED AND REMOVED WHEN NECESSARY. 4. REMOVE ACCUMULATED SEDIMENT WHEN IT REACHES 113 THE HEIGHT OF THE SEDIMENT TUBE. 5. REMOVED SEDIMENT SHALL BE PLACED IN STOCKPILE STORAGE AREAS OR SPREAD THINLY ACROSS DISTURBED AREA. STABILIZE THE REMOVED SEDIMENT AFTER IT IS RELOCATED. 6. LARGE DEBRIS, TRASH, AND LEAVES SHOULD BE REMOVED FROM IN FRONT OF TUBES WHEN FOUND. 7. IF EROSION CAUSES THE EDGES TO FALL TO A HEIGHT EQUAL TO OR BELOW THE HEIGHT OF THE SEDIMENT TUBE, REPAIRS SHOULD BE MADE IMMEDIATELY TO PREVENT RUNOFF FROM BYPASSING TUBE. 8. SEDIMENT TUBES SHOULD BE REMOVED AFTER THE CONTRIBUTING DRAINAGE AREA HAS BEEN COMPLETELY STABILIZED. PERMANENT VEGETATION SHOULD REPLACE AREAS FROM WHICH SEDIMENT TUBES HAVE BEEN REMOVED. SEDIMENT TUBE DETAIL SCALE. NOT TO SCALE q MAXIMUM SPACING B .III=III_ =III=III_III_111_111=111_111=II_111=111=111_ 111_111=III= PROFILE 12" OF #57 I ILI LI\ VLVIII SECTION A ------------------- I-III=III=11. III=N!=11'=111= III -1111- 1)I_ III =1„ FILTER CLOTH 111= =11= III=111= - 111=h1=III-a, III -III=„ I -1.,= „=11-111=_III-III-11'= 111= q1=11�_III-1111-11u=h'=1ji=11'=111=jj1=ql= A ELEVATION (LOOKING UPSTREAM) MAINTENANCE: 1. INSPECT CHECK DAMS AND CHANNELS AT LEAST WEEKLY AND AFTER EACH SIGNIFICANT (1/2" OR GREATER) RAINFALL EVENT AND REPAIR IMMEDIATELY. CLEAN OUT SEDIMENT, STRAW, LIMBS, OR OTHER DEBRIS THAT COULD CLOG THE CHANNEL WHEN NEEDED. 2. ANTICIPATE SUBMERGENCE AND DEPOSITION ABOVE THE CHECK DAM AND EROSION FROM HIGH FLOWS AROUND THE EDGES OF THE DAM. CORRECT ALL DAMAGE IMMEDIATELY. 3. REMOVE SEDIMENT ACCUMULATED BEHIND THE DAMS AS NEEDED TO PREVENT DAMAGE TO CHANNEL VEGETATION, ALLOW THE CHANNEL TO DRAIN THROUGH THE STONE CHECK DAM, AND PREVENT LARGE FLOWS FROM CARRYING SEDIMENT OVER THE DAM. ADD STONES TO DAMS AS NEEDED TO MAINTAIN DESIGN HEIGHT AND CROSS SECTION. ROCK CHECK DAM DETAIL r SCALE: NOT TO SCALE 0103-007 0103-012 0103-022 0103-025 0103-026 0103-027 NCDOT CLASS B RIPRAP - 12" OF #57 NCDOT WASHED STONE FLOW NON -WOVEN GEOTEXTILE FABRIC MAINTENANCE NOTES: 1. INSPECT AT LEAST WEEKLY AND AFTER EACH SIGNIFICANT RAINFALL EVENT (AS DEFINED BY NCDEQ) AND REPAIR IMMEDIATELY, 2, SEDIMENT TO BE REMOVED WHEN ACCUMULATIONS REACH 1/3 OF HEIGHT OF BERM. 3. REMOVE AND REPLACE NCDOT #5 OR #57 WASHED STONE WHEN IT BECOMES CLOGGED WITH SEDIMENT. GRAVEL FITLER BERM DETAIL SCALE: NOT TO SCALE 0103-008 0103-028 COMPACTED SOIL --,- 2' MIN CCL -0105-007 NOTES: 1. CONSTRUCT TEMPORARY DIVERSION AS SPECIFIED IN THE DIVERSION DITCH TABLE ON CCL -0105-012 WHERE DEPTH, SIDE SLOPE, BASE WIDTH AND PROPOSED LINING ARE PROVIDED, USE THE ABOVE DETAIL FOR DESIGN SPECIFICATIONS NOT NOTED IN THE TABLE OR WHERE ADDITIONAL TEMPORARY DIVERSION DITCHES MAY BE NEEDED BUT NOT IDENTIFIED. SEED AND MULCH BERM. 2. SIDE SLOPES SHALL NOT EXCEED A 5:1 (H:V) SLOPE IN AREAS WHERE VEHICLES MUST CROSS, 2:1 SLOPE (MAX) IN ALL OTHER AREAS. 3. ALL DIVERSION DITCHES SHALL BE VEGETATED AND MAINTAINED TO HAVE A FULL STAND OF TALL FESCUE GRASS COVER. WHERE GRASS COVER IS NOT PROVIDED, THE AREAS SHALL BE RESEEDED OR REPAIRED TO MAINTAIN FULL COVER OR PROVIDE OTHER COMPARABLY PERFORMING DITCH LINING, TEMPORARY DIVERSION DITCH DETAIL SCALE: NOT TO SCALE COMPOST SOCK 3" FLOW- AREA TO BE - - - PROTECTED "�1i1=IIEIII- IIEI11=11E111=11= -' ��1=111=i = =III III-III=III=11- - ' • . "�-1TG1 � 1=III -111{,1 l III -I I E 2,> X 2" STAKES SECTION B WOOD MULCH OR COMPOST TO 1/2 HEIGHT OF LOG iYv I I ITk� -1 � IIT1-11 _ WI "P311, i 1=1 = -�11- _ B "-11 1= I UNTRENCHED INSTALLATION 31' COMPOST SOCK FLOW- AREA TO BE =1Ti=TEIT-1�1-1�PROTECTED _-�11111gi1=11gIL=11L=11 L= • • • -"-"'-111=111=IIITIII-III I 2" X 2" STAKES SECTION G TRENCH INTO GROUND 4" MIN GENERAL NOTES: M_1 1. FOR GENERAL NOTES SEE CCL -0100-004. FOR DRAWING INDEX SEE CCL -0100-001. FOR ABBREVIATIONS SEE CCL -0100-002 FOR LEGEND AND SYMBOLS SEE CCL -0100-003, NOTE: THIS APPLICATION MAY NOT BE USED WITH COMPOST SOCKS SMALLER THAN 12", ENTRENCHED INSTALLATION 0 _J MULCH OR COMPOST LL WORK FOR UNTRENCHED SOCKS w AREA w COMPOST SOCK AREA TO BE PROTECTED PLAN NOTES: 1. INSTALL COMPOST SOCKS ALONG LEVEL CONTOUR PERPENDICULAR TO STORMWATER FLOW TO ASSIST IN DISSIPATING LOW CONCENTRATED FLOW INTO SHEET FLOW AND REDUCING RUNOFF VELOCITY. 2. COMPOST SOCKS SHALL BE A MINIMUM OF 12" DIAMETER UNLESS OTHERWISE NOTED. 3. STAKES SHALL BE MADE OF OAK OR OTHER DURABLE HARDWOOD. 4. PLACE COMPOST SOCKS END TO END AND JOIN ENDS SLEEVING ONE SOCK END INTO ANOTHER. 5. IN ORDER TO PREVENT WATER FLOWING AROUND THE ENDS OF THE COMPOST SOCK, THE ENDS OF THE SOCK MUST BE CONSTRUCTED POINTING UPSLOPE SO THE ENDS ARE AT A HIGHER ELEVATION. A MINIMUM OF 10 LINEAR FEET AT EACH END PLACED AT AN ANGLE OF 30• IS RECOMMENDED. MAINTENANCE: INSPECT COMPOST SOCKS WEEKLY AND AFTER EACH SIGNIFICANT RAINFALL EVENT (AS DEFINED BY NCDEQ). REMOVE ACCUMULATED SEDIMENT AND ANY DEBRIS. THE COMPOST SOCK MUST BE REPLACED IF CLOGGED OR TORN. IF PONDING BECOMES EXCESSIVE THE SOCK MAY NEED TO BE REPLACED WITH A LARGER DIAMETER OR A DIFFERENT MEASURE. THE SOCK NEEDS TO BE REINSTALLED IF UNDERMINED OR DISLODGED. THE COMPOST SOCK SHALL BE INSPECTED UNTIL LAND DISTURBANCE IS COMPLETE AND THE AREA ABOVE THE MEASURE HAS BEEN PERMANENTLY STABILIZED. COMPOST SOCK DETAIL r5 SCALE: NOT TO SCALE 0103-002 0103-004 0103-024 0103-005 0103-025 0103-007 0103-027 0103-022 PRELIMINARY NOT FOR F)l CONSTRUCTION OR HDR Engineering, Inc. of the Carolinas License Number: F-0116 RECORDING I A I ISSUEFD FOR BIDS. 440 S Church Street, Suite 1000 Charlotte, NC 28202-2075 PE SEAL N0. DATE INCHES 1 2 3 TENTHS 10 20 30 4 5 6 7 I 1 1 1 TITLE AUXILIARY SPILLWAY EROSION AND SEDIMENT CONTROL DETAILS FOR CEDAR CLIFF IDF & SPILLWAY UPGRADE DUKE SCALE: AS NOTED DES: MGL DWG TYPE: DGN DFTR: JTTD DATEN0:10060948 CHKD:ENER(10�.3`1(�� FILENAME: CCL-0105-007.DGN APPD: DWG SIZE DRAWING NO. REVISION JTTD MGL - - ANSI D 22.0"x34.0" CCL -0105-007 A REVISION DFTR DES CHKD APPD 8 9 10 I I B-8 M -A D'1 2 3 La (FT) 4 5 6 7 8 D50 RIPRAP SIZE (IN) ' W2 - 11.5 - - NOTES: 1. CLASS OR MEDIAN SIZE OF RIPRAP AND LENGTH, WIDTH AND DEPTH OF APRON TO BE SHOWN ON PLANS. 2. RIPRAP SHOULD EXTEND UP BOTH SIDES OF THE APRON AND AROUND THE END OF THE PIPE OR CULVERT AT THE DISCHARGE OUTLET AT A MAXIMUM SLOPE OF :1 AND A HEIGHT NOT LESS THAN TWO THIRDS THE PIPE DIAMETER OR CULVERT HEIGHT. 3. THERE SHALL BE NO OVERFLOW FROM THE END OF THE APRON TO THE SURFACE OF THE RECEIVING CHANNEL. THE AREA TO BE PAVED OR RIPRAPPED SHALL BE UNDERCUT SO THAT THE INVERT OF THE APRON SHALL BE AT THE SAME GRADE (FLUSH) WITH THE SURFACE OF THE RECEIVING CHANNEL. THE APRON SHALL HAVE A CUTOFF OR TOE WALL AT THE DOWNSTREAM END. 4. THE WIDTH OF THE END OF THE APRON SHALL BE EQUAL TO THE BOTTOM WIDTH OF THE RECEIVING CHANNEL. MAXIMUM TAPER TO RECEIVING CHANNEL 5:1. 5. ALL SUBGRADE FILL FOR STRUCTURE TO BE COMPACTED TO 95% OF THE STANDARD PROCTOR MAXIMUM DRY DENSITY OR TO THE DENSITY OF THE SURROUNDING UNDISTURBED MATERIAL. 6. THE PLACING OF FILL, EITHER LOOSE OR COMPACTED, IN THE RECEIVING CHANNEL SHALL NOT BE ALLOWED. 7. NO BENDS OR CURVES IN THE HORIZONTAL ALIGNMENT OF THE APRON UNLESS OTHERWISE SHOWN. 8. TYPE 1 GEOTEXTYLE FILTER FABRIC SHALL BE INSTALLED ON COMPACTED SUBGRADE PRIOR TO PLACEMENT OF RIPRAP. 9. ANY DISTURBED AREA FROM END OF APRON TO RECEIVING CHANNEL MUST BE STABILIZED. END OF FLARED SECTION NATURAL GRADE n % ci nPF 1' MIN MIN � \ TYPE 1 GEOTEXTILE FILTER FABRIC LAP (IFN ELEVATION % NOTE: MINIMUM H=2/3 PIPE DIAMETER T (THICKNESS) _ T = 1./XDMAX GEOTEXTILE FILTER FABRIC SECTION B NOTE: USE USDA NOMOGRAPH FROM NC SEDIMENT AND EROSION CONTROL MANUAL. OUTLET La (FT) W1 (FT) W2 (FT) *T (IN) H (IN) D50 RIPRAP SIZE (IN) HW Al 10.0 11.5 4.5 13.5 12 6 HW A2 16.0 18.0 6.0 13.5 16 6 *D50 (SEE FIG 8.06 A&B "NC SEDIMENT AND EROSION CONTROL MANUAL" DMAX = 1.5 * D50 T = 1.5 * DMAX T(MIN) = 10" RIPRAP APRON AT PIPE OUTFALL DETAIL SCALE: NOT TO SCALE 0103-022 SILT FENCE AS NEEDED FILTER MEDIA (SEE NOTE 2) /--- PUMP FLOW VEGETATIVE BUFFER I NOTES: 1, PRIOR TO INSTALLATION, MANUFACTURER SPECIFICATIONS OF FILTER MEDIA SHALL BE PROVIDED TO THE EROSION CONTROL INSPECTOR FOR APPROVAL AND USE. DISCHARGE FROM FILTER MEDIA SHALL MEET OR EXCEED THE PROVISIONS OF THE CLEAN WATER ACT. 2, ENSURE THAT PUMP PRESSURE DOES NOT EXCEED FILTER MEDIA PRESSURE RATING. 3, FILTER MEDIA MAY BE, BUT NOT LIMITED TO, SAND MEDIA FILTRATION DEVICES, RATED FILTER FABRIC BAGS OR POLYMER BASED DEWATERING PRACTICES. 4, PUMP STRAINER SHALL NOT BE IN CONTACT WITH BOTTOM OF POND. EROSION CONTROL DEWATERING DETAIL 3 SCALE: NOT TO SCALE 0105-001 WATER LEVEL TEMPORARY FLEXIBLE HOSE SEDIMENT BAG TOP OF BANK (TIE TO TEMPORARY (SEE NOTE 2) CTA SII 17Cn nl ITI CTN FILTER FABRIC TYPE 2 SEDIMENT REMOVAL DEVICE APPROXIMATE BASE FIOW WATER TOP OF BANK TrLAnnnnnv OSE �T BAG TEMPORARY STABILIZED OUTLET SECTION FLOW IMPERVIOUS DIKE (SEE nInTU Q\ 0 APPROXIMATE BASE '7 - FLOW WATER LEVEL 0 (6") BASE FLOW + 1' (2' MIN) SANDBAG/STONE _ (CLASS A) (SEE NOTE 8) FLOW WORKING AREA I/R`IMPERVIOUS MEMBRANE TYPE 2 IMPERVIOUS DIKE DETAIL NOTES: 1. SEDIMENT FILTER BAG FABRIC SHALL BE GEOTEXTILE MANUFACTURED FROM WOVEN POLYPROPYLENE OR POLYMER MATERIAL. SEDIMENT FILTER BAG FABRIC MAY BE MADE FROM RECYCLED POLYMER MATERIALS. POLYMER MATERIALS SHALL NOT CONTAIN BIODEGRADABLE FILLER MATERIALS AND SHALL CONFORM TO THE REQUIREMENTS IN ASTM DESIGNATION: E 204 3. THE SEDIMENT FILTER BAG SHALL BE 10'X12'X1.5' (MIN) AND SHALL BE COMPLETE WITH LIFTING LOOPS AND DUMP STRAPS ATTACHED AT THE BOTTOM TO FACILITATE EMPTYING OF THE SEDIMENT FILTER BAG. 4. LIFTING STRAPS SHOULD BE PLACED UNDER THE DEWATERING SEDIMENT FILTER BAG TO FACILITATE REMOVAL AFTER USE. 5. PLACE THE DEWATERING SEDIMENT FILTER BAG ON A LEVEL STABILIZED AREA OVER DENSE VEGETATION/STRAW, OR GRAVEL (IF INCREASED DRAINAGE SURFACE AREA IS NEEDED). 6. INSERT DISCHARGE HOSE FROM PUMP INTO THE DEWATERING SEDIMENT FILTER BAG A MINIMUM OF 6 INCHES AND TIGHTLY SECURE WITH ATTACHED STRAP TO PREVENT WATER FROM FLOWING OUT OF THE UNIT WITHOUT BEING FILTERED. 7. REPLACE THE UNIT WHEN 1/2 FULL OF SEDIMENT OR WHEN SEDIMENT HAS REDUCED THE FLOW RATE OF THE PUMP DISCHARGE TO AN IMPRACTICAL RATE. 8. REMOVE THE UNIT AND SEDIMENT FROM ENVIRONMENTALLY SENSITIVE AREA AND WATERWAYS. AT THE APPROVED DISPOSAL SITE, OPEN OR SLIT THE UNIT, REMOVE SEDIMENT AND GRADE SMOOTHLY INTO EXISTING TOPOGRAPHY. DISPOSE OF THE DEWATERING SEDIMENT FILTER BAG, AT AN APPROPRIATE RECYCLING OR SOLID WASTE FACILITY. DEWATERING SEDIMENT FILTER BAC DETAIL SCALE: NOT TO SCALE 0105-001 -� --� ---� ---� SILT FENCE ill=III-III= III=III =III=III-III-III=III=III=� SEE DETAIL TIN I -llllllilll�ll'-�Ilill11- 2\CCL-0105-005 Ln 1111= . 10" (TYP) 3 =111111; SOIL/SEDIMENT 1111= -III STOCKPILE AREA z 'I-111= - 3 1 -I 11-' ' 11 = 1 x III I- _� ' Q I ORIGINAL GROUND SURFACE / 1' NOTES: 1. SILT FENCE TO EXTEND AROUND ENTIRE PERIMETER OF STOCKPILE, OR IF STOCKPILE AREA IS LOCATED ON/NEAR A SLOPE, THE SILT FENCE IS TO EXTEND ALONG CONTOURS OF THE DOWN -GRADIENT AREA, 2. IF STOCKPILE IS TO REMAIN FOR MORE THAN 14 DAYS, TEMPORARY STABILIZATION LOW POINT MEASURES MUST BE IMPLEMENTED. 3. SILT FENCE SHALL BE MAINTAINED UNTIL STOCKPILE AREA HAS EITHER BEEN REMOVED OR PERMANENTLY STABILIZED. 4. THE KEY TO FUNCTIONAL TEMPORARY STOCKPILE AREAS IS WEEKLY INSPECTIONS, ROUTINE MAINTENANCE, AND REGULAR SEDIMENT REMOVAL. 5. TEMPORARY STOCKPILE TO HAVE A MAXIMUM HEIGHT OF 15' TEMPORARY STOCKPILE E&SC DETAIL 4 SCALE: NOT TO SCALE 0105-001 PRELIMINARY NOT FOR CONSTRUCTION F)l OR B ISSUED FOR BIDS. HDR Engineering, Inc. of the Carolinas License Number: F-0116 RECORDING A 3/13/2019 ISSUED FOR BIDS. 440 S Church Street, Suite 1000 Charlotte, NC 28202-2075 PE SEAL NO. DATE INCHES 1 2 3 TENTHS 10 20 30 4 5 6 7 I I 1 1 TEMPORARY ` FLEXIBLE HOSE DEWATERING PUMP 1 I I J� I CCL -0105-008 IREv. B GENERAL NOTES: DES: MGL 1. FOR GENERAL NOTES SEE CCL -0100-004. DFTR: JTTD FOR DRAWING INDEX SEE CCL -0100-001. FOR ABBREVIATIONS SEE CCL -0100-002. DATEN0:10060948 FOR CCL LEGEND AND SYMBOLS SEE -0100-003. FILENAME: CCL-0105-008.DGN 'N CLEAN WATER V B PUMP -AROUND PUMP /-- TEMPORARY FLEXIBLE HOSE EXISTING CHANNEL IMPERVIOUS DIKE (SEE DETAIL, THIS DRAWING) SEDIMENT REMOVAL DEVICE 6' TEMPORARY STABILIZED OUTLET SEE DETAIL 2 ON THIS DRAWING SEE DETAIL 2 ON THIS DRAWIN i PLAN VIEW NOTES: 1. ALL CHANNEL WORK INVOLVING EXCAVATION SHALL BE PERFORMED IN DRY CONDITIONS OR IN CHANNEL SECTIONS ISOLATED BY IMPERVIOUS DIKES AND KEPT DE -WATERED. 2. THE CONTRACTOR SHALL NOT DISTURB MORE AREA THAN CAN BE STABILIZED THE SAME WORKING DAY. 3. PUMP -AROUND PUMP AND HOSE SHALL ADEQUATELY CONVEY BASEFLOW (CONTRACTOR TO VERIFY). DE -WATERING PUMP SHALL ADEQUATELY DE -WATER THE WORKING AREA AT THE DOWNSTREAM IMPERVIOUS DIKE. 4. GRAVITY -BASED GEOTEXTILE BAG FILTERS SHALL BE USED TO COLLECT SILT AND SEDIMENT FROM WORK AREA DE -WATERING. THE DESIGNER MAY SPECIFY A SEDIMENT BASIN OR OTHER SEDIMENT CONTROL MEASURE IN LIEU OF A SEDIMENT BAG IF SITE CONDITIONS ARE FAVORABLE (I.E. - TREES WILL NOT BE IMPACTED FOR BASIN EXCAVATION, ETC.). 5. EFFLUENT FROM CLEAN WATER PUMP AROUND MAY BE DISCHARGED DIRECTLY INTO STABILIZED OUTLET (NO SEDIMENT REMOVAL DEVICE REQUIRED). 6. A STABILIZED OUTLET SHALL BE USED TO CONTROL THE EFFLUENT FROM ALL PUMPING OPERATIONS, THE DESIGNER SHALL SPECIFY ALL MATERIALS AND DIMENSIONS ASSOCIATED WITH STABILIZED OUTLETS, 7. FILTER FABRIC AS SPECIFIED BY THE DESIGNER SHALL BE USED UNDERNEATH ALL STONE/RIP RAP PLACED FOR SEDIMENT BAGS, STABILIZED OUTLETS, SPLASH PADS. 8. IMPERVIOUS DIKES SHALL BE CONSTRUCTED TO ISOLATE THE IN -STREAM WORKING AREA, AN IMPERVIOUS FABRIC MEMBRANE AND SAND BAGS OR STONE, AS SPECIFIED BY THE DESIGNER, SHALL BE USED TO CREATE THE DIKES, 9. THE WORK SEQUENCE IN PUMP -AROUND OPERATIONS PROCEEDS TYPICALLY AS FOLLOWS: A. INSTALL SEDIMENT REMOVAL DEVICE AND TEMPORARY STABILIZED OUTLETS AT THE DOWNSTREAM END OF WORKING AREA. B. INSTALL PUMP -AROUND PUMP AND FLEXIBLE HOSE, C. INSTALL UPSTREAM IMPERVIOUS DIKE AND BEGIN PUMPING (CLEAN WATER) DOWNSTREAM TO STABILIZED OUTLET. D. INSTALL DOWNSTREAM IMPERVIOUS DIKE AND DE -WATERING PUMP. E. PERFORM CHANNEL WORK IN ACCORDANCE WITH THE PLANS IN THE WORKING AREA. F. DE -WATER THE WORKING AREA (AS NEEDED) INTO THE SEDIMENT REMOVAL DEVICE AND TEMPORARY STABILIZED OUTLET. G. UPON COMPLETION OF WORK, REMOVE ANY SEDIMENT ACCUMULATION BEHIND IMPERVIOUS DIKES. H. REMOVE DOWNSTREAM AND THEN UPSTREAM DIKES AND ALL PUMPS AND HOSE. I. SEED AND MULCH ALL DISTURBED AREAS PER THE PLANTING PLAN. PUMP -AROUND DETAIL 1� SCALE: NOT TO SCALE 0103-012 TITLE AUXILIARY SPILLWAY EROSION AND SEDIMENT CONTROL DETAILS a FOR CEDAR CLIFF IDF & SPILLWAY UPGRADE DUKE SCALE: AS NOTED DES: MGL DWG TYPE: DGN DFTR: JTTD CHKD:ENER(10�.3`1(�� DATEN0:10060948 FILENAME: CCL-0105-008.DGN APPD: DWG SIZE DRAWING NO. REVISION JTTD MGL ANSI D 22.0"x34.0" CCL -0105-008 B JTTD MGL - - REVISION DFTR DES CHKD APPD 8 9 10 a B-1 0 Cedar Cliff Hydroelectric Development Auxiliary Spillway Upgrade Project Proposed Duke Energy Water Quality Monitoring Plan Project Overview In 2014, the FERC established the Inflow Design Flood (IDF) for Cedar Cliff development as the Probable Maximum Flood (PMF). Prior to the FERC notice, the OF had been 40 percent of the PMF. The existing spillway discharge capacity is insufficient to pass the PMF without overtopping the dam and resulting in potential failure of the structure. Engineering design efforts are underway to expand the existing auxiliary spillway (width and depth) and install Hydroplus-Fusegates as the control section. In addition, the existing parapet wall will be replaced with a PMF Wall to create additional storage for the Cedar Cliff reservoir. Studies have indicated the expanded auxiliary spillway, Fusegates, and PMF Wall provide the necessary measures to safely pass the OF without overtopping Cedar Cliff Dam. The construction project is scheduled to begin July, 2019 and be completed December, 2020. The present plan specifies excavating material (approximately 283,200 cubic yards) from the mountain hillside east of the current fuse plug (Figure 1). A gravel filter berm at the lower end of the auxiliary spill channel will provide sediment and erosion control from the excavations. During construction, the lake will be lowered 30 ft to accommodate the construction activities including staging the excavated material on the foot print of the existing fuse plug approach channel. The excavated material will be loaded onto barges and spoiled into Cedar Cliff Lake upstream of the dam (Figure 2) (for discussion and review of submerged disposal, see HDR 2018a). As specified in the USACE 404/401 permit, a 3-5 ft floating turbidity barrier will be installed at all work areas that are in, or adjacent to surface waters. As discussed by HDR (2018a), pyrite (FeS2) was identified in rock exposures at the site and in the rock core from boreholes drilled for the subsurface investigation (HDR 2017). Subsequent petrographic analyses of metasedimentary rocks of the Tallulah Falls Formation (TFFm) collected from the rock cores found that the garnet mica schist, mica schist, and schistose biotite gneiss lithologies contained 2 percent to 7 percent pyrite by volume (HDR 2017). Based on the boreholes drilled during the geological/ geotechnical site investigation for the Auxiliary Spillway upgrades, approximately 26 percent of the total excavated material (73,600 cubic yards) will be made up of these three rock lithologies. Even though there are no known instances of acid -drainage related to the metasedimentary rocks of the TFFm in the region surrounding the site; rocks with greater than 1 percent pyrite and/or pyrrhotite by volume are considered to be potentially acid -producing. Pyrite can react in the presence of atmospheric oxygen and water to form ferrous sulfate and sulfuric acid (2FeS2 + 702 + 2H2O -> 2FeSO4 + 2H2SO4). The stoichiometry of complete oxidation of one mole of pyrite would produce 4 equivalents of hydrogen ions. Although some acid -drainage is produced by natural weathering, construction activities can expose large volumes of rock containing sulfide minerals to oxidizing conditions. The oxidation of pyrite and subsequent acid production increase significantly when exposed to atmospheric oxygen and particle size becomes smaller and smaller (Pugh et.al. 1984). Subsequent leaching of the oxidation products by rainfall/groundwater result in the formation of acid drainage which is B-11 Proposed Duke Energy Monitoring Plan characterized by low pH values, high concentrations of sulfate, and mobilization of metals such as iron, aluminum, and manganese. Bosch and Meckenstock (2012) have suggested anaerobic nitrate -dependent microbial pyrite oxidation may also contribute to acid production. Geochemical and stable isotope field data from anaerobic aquifers indicate that denitrification was associated with pyrite oxidation. Laboratory studies were more ambiguous, but suggested that this process may occur under some conditions. The molecular mechanism of pyrite oxidation coupled with denitrification is not well understood. Factors affecting the amount of Acid -Production • Percent Pyrite in Rock • Morphology and grain size of the iron sulfide minerals • Particle size of excavated material (surface area of disturbed or spoiled rock) • Presence of certain iron bacteria (primarily Thiobacillus ferrooxidans) • Presence of alkalinity producing material • Oxygen concentration • Nitrate In addition to the factors affecting the amount of acid production, the characteristics of Cedar Cliff Reservoir (Table 1) also influence the amount of oxidation products in the reservoir and downstream reaches. For example, the wide range of pH values reflected the poor buffering capacity of the low alkalinity water as biological activity metabolized carbon dioxide. In addition, the very low ionic strength, as measured by conductivity, also influenced the ability to measure accurate pH values as well as indicating the poor buffering capacity. The relatively high oxygen concentrations in the lake would favor higher rates of pyrite oxidation, but these rates would be very low compared to exposure to atmospheric oxygen. The low nitrate concentrations would limit the amount of de -nitrification associated with anaerobic nitrate -dependent microbial pyrite oxidation. Probably the most significant factor limiting the accumulation of pyrite oxidation products in the lake is the very high flushing rate of the reservoir (Table 1). The average retention time of the water at full pool is 15.3 days; at a 30 foot drawdown the average retention time of the water is reduced to 8.1 days. Also, at the 30 foot drawdown, the only way to maintain the lake level is by the hydro operation, which draws water from the bottom of the lake further reducing the accumulation of oxidation products in the lake. Even though HDR (2017), HDR (2018a), and HDR (2018b) have discussed the project in detail and have projected minimum, if any, acidification impacts from pyrite oxidation, and the lake characteristics also suggest a lack of accumulation of acidic water, the potential does exist for an alteration of the water quality. The proposed monitoring program is designed to assess any direct changes in water quality due to pyrite oxidation. Page 2 of 8 B-12 Proposed Duke Energy Monitoring Plan Table 1. Cedar Cliff Reservoir Characteristics Parameter Units Full Pond (Spillway Elevation) 2330 ft-msl Tainter Gate Elevation 2305 ft-msl 30 Foot Drawdown Elevation 2300 ft-msl Cedar Cliff Hydro intake Elevation 2202 ft-msl Proposed Elevation of Top of Rock Spoil 2250 ft-msl Lake Volume below Full Pond 6320 ac -ft Lake Volume below Tainter Gate 3742 ac -ft Lake Volume below 30 foot drawdown 3386 ac -ft Lake Volume below hydro intake 42 ac -ft Mean Outflow' 209.0 cfs Mean Retention Time (full pond) 15.3 days Mean Retention Time (30 foot drawdown) 8.1 days Max Depth at Dam (full pond) 148 ft Max Depth mid -lake sampling (full pond) 106 ft pH range2 5.7-8.0 Mean Alkalinity2 0.13 meq/1 Conductivity Rangel 14-20 uSi Mean Oxygen below 2250 ft-ms12 7.8 mg/l Minimum observed oxygen2 4.2 mg/l Mean Nitrate2 0.019 mg/l 1 Calculated from Cedar Cliff operations (1953-2013) 2 from NCDENR data reported in NP&L (2000) Figure 1. Cedar Cliff Spill Channels and Proposed Excavation and Construction Areas with Proposed Water Quality Sampling Sites (pink circles) Page 3 of 8 B-13 Proposed Duke Energy Monitoring Plan Figure 2. Bathymetric Map of Cedar Cliff Reservoir Showing the Proposed Spoil Areas, the Hydro Intake, and the Downstream Reach with Proposed Water Quality Sampling Sites (red circles) i Ii ceaarcUT;3DwemouseTunnel inlet Cedar Cliff Lake $athymetry 010 -Foot C oatows I I I I I{ I I i I i i i i i i i i I h ��,a„QL aye n LS E— hG MM. :o3-Jrab S-%mLr'?;o .Ca " Stat Pae NNMB UE 8w&Y Pool htWCrnher X9:5 Page 4 of 8 B-14 Proposed Duke Energy Monitoring Plan Cedar Cliff Monitoring Rationale Most environmental monitoring programs directly assess water quality or employ various indices for biological impacts, usually macroi nve rte b rates in streams. The proposed water quality assessment is designed to directly address the potential impact of the rock spoil in the reservoir, the spill channel, and the Tuckasegee River below the excavation site. The biological communities, particularly macro -invertebrates, are influenced by many factors and rarely exhibit a direct cause and effect of a perturbation. He et.al. (2015), Svitok et.al. (2014), Gray and Delaney (2008), and DeNicola and Stapleton (2016) have reviewed the use of macro -invertebrate communities to assess acid mine drainage with mixed results. Unless the pH was extremely low or significant iron oxide precipitation was covering the substrates, many diversity indices, biological integrities, density and taxonomic diversities, and various community metrics applied to macroinvertebrate populations showed highly variable results in streams with acid -mine drainage. The NCDENR (2011) reported good to excellent benthic communities in streams with low pH (mean 5.98, range 5.4-6.9). These data suggest that the use of benthic communities to assess the impact of low pH values was limited. Macro -invertebrate communities are extremely difficult to assess in the deeper portions of reservoirs and are probably non-existent in the dry spill channel. Cedar Cliff hydro discharge into the riverine habitat is very different than the Lake Habitat downstream of Bear Creek Hydro. For these reasons, macro -invertebrate assessments are not recommended to monitor potential impacts from potential pyrite oxidation at Cedar Cliff. Unlike biological assessments, water quality measurements specifically designed to detect any chemical alterations have the advantage of: • Direct correlation to pyrite oxidation • Relatively rapid analysis of data • Trends are readily assessed • Various oxidation and acidification pathways are directly elucidated • Treatment options (if necessary) may be evaluated and tested during the excavation process rather than relying on long-term mitigation Each water sample would measure the reactants and products of the pyrite oxidation reactions. These analyses will be used to document the pH and pyrite oxidation products in the lake, area leachates, and de -nitrification prior to and during the construction project. In addition to periodic water sampling, continual recording of conductivity would provide a record of overall ionic change in the water. If oxidation products (ions) increase, the very low conductivity of the Cedar Cliff water should reflect an increase in the ionic strength and provide a record of the degree of change (if any). Page 5 of 8 B-15 Proposed Duke Energy Monitoring Plan Chemical Basis for Water Quality Monitoring Major pH Buffering in Surface Water (Alkalinity): (Stumm and Morgan, 1981) H20<=> H+ + OH - 0O2+ H20<=> H2CO3 <=> H+ + HCO3'- <=> H+ +CO3 2 Chemistry of Pyrite Oxidation (Stumm and Morgan, 1981) Pyrrhotite reacts with oxygen and water to produce reduced iron and sulfuric acid Fe(1-x)S + (2-0.5x)02+ xH20=> (1-x)Fe2+ +SO4 2- + 2xH+ Pyrite reacts with oxygen and water to produce reduced iron and sulfuric acid 2FeS2 (s) + 702 + 2H2O => 2Fe2+ + 4SO42- + 4H+ [2FeSO4 + 2H2SO4] Reduced ferrous iron reacts with oxygen and acid to produce Ferric iron (rate limiting except if biologically catalyzed) Fee+ + 1/402 + H+ => Fe 3+ + 1/2H20 Ferric Iron reacts with water to form iron hydroxide (yellow -red precipitate) and acid Fe3+ + 3H2O => Fe(OH)3 (s) + 3H+ Excess ferric iron reacts with pyrite and water to form ferrous iron and sulfuric acid FeS2 (s) +14Fe3+ + 8H2O => 15Fe2+ + 2SO42- + 16H+ Table 2. Proposed Chemical Analysis of Water Samples Pending Detailed Review of Procedures to Achieve Low Limits of Detection Parameter Chemical Tentative Analytical Method Field Analysis Lab Analysis Symbol Whole Water Sample Alkalinity HCO3'- C032- n/a- Titration (0.025N HCI), Inflection end-point Total Iron Fe n/a-- Digestion, ICP Raw Water, ICP Aluminum Al n/a- Raw Water, ICP Manganese Mn n/a- Raw Water, ICP Calcium Cat+ n/a- Raw Water, ICP pH H+ Low conductivity - n/a- electrodes Turbidity n/a Hach 2100Q Portable n/a- Turbidimeter Ferrous Iron Feel 1, 10 Phenanthroline n/a- colorimetric Iron Hydroxide Fe(OH)3 absorbance n/a- Field Filtered Water Sample Nitrate -Nitrite NO3'—NO21- n/a- Colorimetric Sulfate SO42- n/a- Low level ion chromatography Page 6 of 8 B-16 Proposed Duke Energy Monitoring Plan Water Quality Monitoring Program The water quality monitoring program is divided into two phases, namely the reservoir sampling and the spill channel sampling. The reservoir sampling is designed to evaluate the slower pyrite oxidation rates due to lower oxygen concentrations associated with the large particle spoil on the bottom of the lake and the suspension of small particles washed off the larger rocks as they are put in the lake. The spill channel sampling is designed to evaluate the expected higher oxidation rates due to the high oxygen content of the atmosphere and the higher surface to volume ratios of the fine particles in the excavated area. These fine particles would be suspended and transported down the auxiliary spill channel during rain events. Cedar Cliff Reservoir Samolin Monthly 1 -meter profiles of Temperature, Dissolved Oxygen, Conductivity, pH, and turbidity will be collected with a Hydrolab sonde fitted with a low ionic strength pH reference electrode. The 1 -meter profiles would be taken in the reservoir at the deepest point in the vicinity of the Cedar Cliff hydro intake (see Figure 2) and at the deepest point, approximately 2000 feet up -stream of the in -lake spoil footprints. Water samples (Table 2) would be taken one meter above the lake bottom and one meter from the surface. An additional water sample would be taken from a depth corresponding to either abnormally high turbidity or abnormally low pH values in the water column. Additional monthly water samples would be taken in the immediate tailrace of Cedar Cliff Hydro and, as recommended by the USACE, just upstream of the East Fork/West Fork confluence. A recording Hobo© fresh water conductivity data logger will be placed in the Cedar Cliff Tailrace for the duration of the project. Cedar Cliff Spill Channel Sampling Since the spill channel is normally dry, but does serve as a conduit for water runoff during rain events, the water sampling has to be conducted while the channel has runoff water in it. Therefore, the water samples would be taken during runoff events of 1/2 inch of rain or more per 24 -hours (Figure 1). A continuous recording water level sensor and a recording conductivity sensor will be placed in the auxiliary spill channel upstream of the sediment berm location prior to excavation'. The data from a recording rain gage located on Cedar Cliff dam will be correlated with the continuous water level data from the auxiliary spill channel. After the sediment berm is installed, a second set of water level and conductivity sensors will be added downstream of the berm. The data will document runoff events with the associated ionic strength throughout the project. Data Review and Reporting Requirements Reservoir, tailrace, and spill channel sampling activities began in July 2018 to establish pre -construction conditions. Sampling will continue throughout the duration of the project, which is anticipated to be completed by March 2021. Duke Energy will consult with applicable state and federal regulatory agencies to determine if potential remediation measures should be implemented based on water quality monitoring results during construction. ' The sediment berm will be constructed immediately prior to excavation and will not be in-place during the pre -construction phase. Page 7 of 8 B-17 Proposed Duke Energy Monitoring Plan References Bosch, J. and R. U. Meckenstock. 2012. Rates and potential mechanism of anaerobic nitrate -dependent microbial pyrite oxidation. Biochemical Society Transactions Volume 40, part 6. DeNicola, D.M. and M.G. Stapleton. 2016. Using Macroin vertebrates to assess ecological integrity of streams remediated for acid mine drainage. Restoration Ecology 24:5, 656-667. Gray, N.F.and E.Delaney. 2008. Comparison of benthic macroin vertebrate indices for the assessment of the impact of acid mine drainage on an Irish river below an abandoned Cu -S mine. Environ Pollut. 155:1, 31-40. He, F., W.Jiang, T.Tang and Q.Cai. 2015. Assessing impact of acid mine drainage on benthic macroinvertebrates: can functional diversity metrics be used as indicators?. Journal of Freshwater Ecology, 30:4, 513-524. HDR. 2017. Geological and Geotechnical Subsurface Investigation, East Fork Hydroelectric Project and Cedar Cliff Development (FERC No. 2698). Tuckasegee, North Carolina, Report for Duke Energy of the Carolinas, LLC. HDR. 2018a. Cedar Cliff Rock Spoil Evaluation. East Fork Hydroelectric Project and Cedar Cliff Development (FERC No. 2698) Tuckasegee, North Carolina HDR. 2018b. Cedar Cliff Hydroelectric Development Auxiliary Spillway Upgrade Project Status Update and Permitting Process. Power Point Presentation for Agency Briefing January 18, 2018 Nantahala Power and Light. 2000. FERC Relicensing First Stage Consultation Package. East Fork Hydroelectric Project, FERC Project No. 2608 -NC North Carolina Division of Water Quality. 2011. Basin -wide Assessment Report Little Tennessee River Basin. Water Quality Section, Division of Water Quality, North Carolina Department of Environment and Natural Resources. Raleigh, NC. Pugh, C.E., L.R. Hossner, and J.B. Dixon. 1984. Oxidation rate of iron sulfides as affected by surface area, morphology, oxygen concentration, and autotrophic bacteria. Soil Science. 137:5, pp. 309-314. Stumm, W. and J.J. Morgan. 1981. Aquatic Chemistry. John Wiley & Sons, Inc.,New York, NY, 780p. Svitok, M., M. Novikmec, P. Bitusik, B.Masa, J. Obona, M.Ocadlik 5 and E.Michalkova. 2014. Benthic Communities of Low -Order Streams Affected by Acid Mine Drainages: A Case Study from Central Europe. Water 6,1312-1338. Page 8 of 8 B-18 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 March 22, 2017 Regulatory Division Action ID: SAW -2015-02543 Mr. Jonathan Wise Duke Energy Incorporated 400 South Tryon Street :Mail Code ST28U Charlotte, North Carolina 28285-1900 Dear Mr. Wise: In accordance with your written request of July 26, 2016 and the ensuing administrative record, enclosed are two copies of a permit to place fill in 110 liner feet of stream channel and 61.13 acres of open waters, resulting in impacts to waters of the U.S., for the Cedar Cliff Auxiliary Spillway Upgrades Project. The above noted impacts are 110 linear feet of temporary stream impacts associated with temporary stream crossings; 0.5 acres of temporary open water impacts associated with a barge loading/staging area; 9.6 acres of permanent open water impacts associated with disposal of rock spoil; 50.8 acres of temporary open water impacts associated with dewatering of the reservoir; 0.01 acres of permanent open water impacts associated with construction of a submerged weir/rock vane; and 0.22 acres of permanent open water impacts associated with construction of a haul/access road. You should acknowledge that you accept the terms and conditions of the enclosed permit by signing and dating each copy in the spaces provided ("Permittee" on page 3). Your signature, as permittee, indicates that, as consideration for the issuance of this permit, you voluntarily accept and agree to comply with all of the terms and conditions of this permit. All pages of both copies of the signed permit with drawings should then be returned to this office for final authorization. A self-addressed envelope is enclosed.for your convenience. Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A $10 fee will be charged for permit applications when the work is noncommercial in nature and provides personal benefits that have no connection with a commercial enterprise...", and "A fee of $100 will be charged for permit applications when the planned or ultimate purpose of the project is commercial or industrial in nature and is in support of operations that charge for the production, distribution, or sale of goods or services." As your application fits the latter category, you are requested to remit your check for $100, made payable to the Finance and Accounting Officer, USAED, Wilmington. The check should accompany the signed and dated copies of your permit. B-19 2 This correspondence contains a proffered permit for the above described site. If you object to this decision, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this decision you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Mr. David Brown 69 Darlington Avenue Wilmington, North Carolina 28403 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by May 18, 2017. It is not necessary to submit an RFA form to the Division Office if you do not object to the decision in contained in this correspondence. After the permit is authorized in this office, the original copy will be returned to you; the duplicate copy will be permanently retained in this office. If you have questions, please contact Mr. David Brown at the Asheville Regulatory Field Office, telephone 828-271-7980, extension 4232. Thank you in advance for completing our Customer Survey Form. This can be accomplished by visiting our website at http://coMsmqpu.usace.army.mil/em wexlf?p=l 36:4:0 and completing the survey on-line. We value your comments and appreciate your taking the time to complete a survey each time you interact with our office. Sincerely, &'Ot � I 4:01L� Kevin P. Landers, Sr. Colonel, U.S. Army District Commander Enclosures B-20 cc (with enclosures): Mr. Bryan Thompkins U.S. Fish and Wildlife Services 160 Zillicoa Street Asheville, North Carolina, 28801 Ms. Karen Higgins NCDEQ-DWR 1617 Mail Service Center Raleigh, North Carolina 27699-1671 Mr. Zan Price NCDEQ-DWR 2090 U.S. Highway 70 Swannanoa, North Carolina 28778 Ms. Renee Gledhill -Early NCDNCR-SHPO 4617 Mail Service Center Raleigh, North Carolina 27699-4617 Ms. Andrea Leslie N.C. Wildlife Resources Commission 20830 Great Smoky Mountain Expressway Waynesville, North Carolina 28786 V6. Eric Mularski HDR, Inc. 440 S. Church Street, Suite 900 Charlotte, North Carolina 28202 B-21 DEPARTMENT OF THE ARMY PERMIT Permittee DUKE ENERGY INCORPORATED Permit No. SAW -2015-02543 Issuing Office CESAW-RG-A NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below Project Description: To place fill in 110 liner feet of stream channel and 61.13 acres of open waters, resulting in impacts to waters of the U.S., for the Cedar Cliff Auxiliary Spillway Upgrades Project. The above noted impacts are 110 linear feet of temporary stream impacts associated with temporary stream crossings; 0.5 acres of temporary open water impacts associated with a barge loading/staging area; 9.6 acres of permanent open water impacts associated with disposal of rock spoil; 50.8 acres of temporary open water impacts associated with dewatering of the reservoir; 0.01 acres of permanent open water impacts associated with construction of a submerged weir/rock vane; and 0.22 acres of permanent open water impacts associated with construction of a haul/access road. Project Location: In Tuckasegee, Jackson County, North Carolina Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on December 31, 2022 . If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A)) B-22 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit, Special Conditions: SEE ATTACHED SPECIAL CONDITIONS Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: 0 Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). ( ✓0 Section 404 of the Clean Water Act (33 U.S.C. 1344). (D Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. B-23 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if .you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (PERMITTEE) DUKE ENERGY INCORPORATED (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (DISTRICT COMMANDER) KEVIN P. LANDERS, SR. (DATE) COLONEL, U.S. ARMY DISTRICT COMMANDER When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) *U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425 B-24 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AN1) PROCESS AND REQUEST FOR APPEAL Applicant: Duke Energy Incorporated File Number: Date: Attn: Jonathan Wise SAW -2015-02543 March 22 2017 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT (Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and oplions regarding. an administrative appeal of the above decision. Additional information may he found at http-//www.usace.army.mil/inet/functioiis/ctiv/ccewo/re-g or Carps regulations at 33 GFR Part .331..- A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ■ ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. ■ APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. B-25 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION:_ _ If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: Mr. Jason Steele, Administrative Appeal Review Officer District Engineer, Wilmington Regulatory Division, CESAD-PDO Attn: Mr. David Brown U.S. Army Corps of Engineers, South Atlantic Division USACE 60 Forsyth Street, Room 10M15 151 Patton Avenue, Room 208 Atlanta, Georgia 30303-8801 Asheville, NC 28801 Phone: (404) 562-5I37 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a I5 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant oragent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Mr. David Brown, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 B-26 SPECIAL CONDITIONS SAW -2015-02543 WORK LIMITS 1.0 CONSTRUCTION PLANS: All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans which alters the authorized impacts to waters of the U.S. must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2.0 UNAUTHORIZED DREDGE OR FILL: Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land - clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 3.0 MAINTAIN CIRCULATION AND FLOW OF WATERS: Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4.0 DEVIATION FROM PERMITTED PLANS: The permittee shall ensure that the construction design plans for this project do not deviate from the permit plans attached to this authorization. Written verification shall be provided that the final construction drawings comply with the attached permit drawings prior to any active construction in waters of the U.S., including wetlands. Any deviation in the construction design plans will be brought to the attention of the Corps of Engineers, Mr. David Brown, Asheville Regulatory Field Office prior to any active construction in waters or wetlands. 5.0 PRECONSTRUCTION MEETING: The Permittee shall schedule an onsite preconstruction meeting between its representatives, the contractor's representatives and the appropriate Corps of Engineers Project Manager prior to undertaking any work within jurisdictional waters and wetlands to ensure that there is a mutual understanding of all terms and conditions contained within the Department of the Army permit. The Permittee shall notify the Corps of Engineers Project Manager a minimum of thirty (30) days in advance of the scheduled meeting in order to provide that individual with ample opportunity to schedule and participate in the required meeting. B-27 RELATED LAWS 6.0 WATER CONTAMINATION: All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-3300 or (800) 858-0368 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. CULTURAL RESOURCES 7.0 Per comments (see attached letter) from N.C. Department of Natural and Cultural Resources, State Historic Preservation Office (NCDNR-SHPO), the Permittee shall thoroughly photo -document the current condition of the Cedar Cliff dam and its surroundings before improvements to the dam are initiated. This documentation shall follow the agency's guidelines and be submitted to NCDNR-SHPO within 90 -days after start of on-site activities. PROJECT MAINTENANCE 8.0 NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND COMPLETION: The permittee shall advise the Corps in writing prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 9.0 CLEAN FILL: Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. Soils used for fill shall not be contaminated with any toxic substance in concentrations governed by Section 307 of the Clean Water Act. 10.0 PERMIT DISTRIBUTION: The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 11.0 SILT -FENCING: The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 2 B-28 12.0 PERMIT REVOCATION: The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 13.0 EROSION CONTROL MEASURES IN WETLANDS: The permittee shall remove all sediment and erosion control measures placed in wetlands or waters, and shall restore natural grades in those areas, prior to project completion. ENFORCEMENT 14.0 REPORTING ADDRESS: All reports, documentation and correspondence required by the conditions of this permit shall be submitted to the following address: U.S. Army Corps of Engineers, Regulatory Division, Asheville Regulatory Field Office, c/o Mr. David Brown, 151 Patton Avenue, Room 208, Asheville, NC 28801-5006 and by telephone at: 828-271-7980. The Permittee shall reference the following permit number, SAW -2013-01159, on all submittals. 15.0 REPORTING VIOLATIONS OF THE CLEAN WATER ACT AND RIVERS AND HARBORS ACT: Violation of these conditions or violation of Section 404 of the Clean Water Act of Section 10 of the Rivers and Harbors Act must be reported in writing to U.S. Army Corps of Engineers, Regulatory Division, Asheville Regulatory Field Office, c/o Mr. David Brown, 151 Patton Avenue, Room 208, Asheville, NC 28801-5006 and by telephone at: 828-271-7980, within 24 hours of the permittee's discovery of the violation. 16.0 COMPLIANCE INSPECTION: A representative of the Corps of Engineers will periodically and randomly inspect the work for compliance with these conditions. Deviations from these procedures may result in an administrative financial penalty and/or directive to cease work until the problem is resolved to the satisfaction of the Corps. CONCRETE CONDITION 17.0 PROHIBITIONS ON CONCRETE: The permittee shall take measures to prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with any water in or entering into waters of the United States. Water inside coffer dams or casings that has been in contact with concrete shall only be returned to waters of the United States when it no longer poses a threat to aquatic organisms (concrete is set and cured). 3 B-29 CULVERTS 18.0 INSTALLATION OF CULVERTS: For construction of culverts, measures will be included in the construction that will promote the safe passage of fish and other aquatic organisms. For all culvert construction activities, the dimension, pattern, and profile of the stream, (above and below a pipe or culvert), should not be modified by widening the stream channel or by reducing the depth of the stream. Culvert inverts will be buried at least one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts 48 inches in diameter or smaller, culverts must be buried below the bed of the stream to a depth equal to or greater than 20 percent of the diameter of the culvert. ESA 19.0 THREATENED AND ENDANGERED SPECIES: All necessary precautions and measures will be implemented so that any activity will not kill, injure, capture, harass, or otherwise harm any protected federally listed species. While accomplishing the authorized work, if the permittee discovers or observes a damaged or hurt listed endangered or threatened species, the District Engineer will be immediately notified to initiate the required Federal coordination. Per comments (see attached letter) from U.S. Fish and Wildlife Service (USFWS), the permittee shall implement the following measures to avoid impacts to Indiana Bat (Myotis sodalis) and Northern Long-eared Bat (Myotis septentrionalis): 1. Trees within the 3 -acre blasting and clearing area will be cut during the winter (October 15 -April 15) to avoid impacts to avoid the maternity roost period for Indiana Bat and Northern Long -Eared Bat. 2. If any random trees must be cut during the summer roost period, USFWS will be notified (Mr. Bryan Thompkins, 828-258-3939, ext. 240) and an experienced biologist will conduct an on-site habitat assessment to determine if trees are suitable maternity roost trees. If the tree(s) to be cut are suitable roost trees, an emergence survey will be conducted before tree removal. 3. All potential suitable roost trees identified adjacent to the project area will be marked and protected during clearing activities. 4. If emergence surveys are conducted before the removal of random tree(s) during the summer maternity roost period and the emergence surveys indicate bats are observed using the tree(s) to be removed, the permittee shall contact USFWS (Mr. Bryan Thompkins, 828-258-3939,etx. 240) to establish a plan for proceeding before the tree(s) is removed. 4 B-30 OTHER 20.0 TURBIDITY BARRIERS: Prior to the initiation of any of the work authorized by this permit the Permittee shall install floating turbidity barriers with weighted skirts that extend to within 1 foot of the bottom around all work areas that are in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained until the authorized work has been completed and all erodible materials have been stabilized. 21.0 AS -BUILT CONSTRUCTION PLANS: Upon completion of each construction phase, the permittee shall submit to the Corps as -built plans for those portions that affect waters of the U.S., within 4 months following the completion of construction. The as -built plans shall include, but not necessarily be limited to, grading, structures and activities in or affecting wetlands and waters of the U.S. UTILITY LINES 22.0 Prior to construction within any jurisdictional areas, the permittee must correctly install silt fencing (with or without safety fencing) parallel with the utility line corridor, on both sides of the jurisdictional crossing. This barrier is to serve both as an erosion control measure and a visual identifier of the limits of construction within any jurisdictional area. 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Church St Charlotte NC 28202 PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director DWR # 2016-0742 reissuance Jackson County Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions Cedar Cliff Development Auxiliary Spillway Upgrade Project USACE Action ID. No. SAW -2015-02543 Dear Mr. Wise: Attached hereto is a copy of Certification No. WQC004077 issued to Mr. Jonathan Wise and Duke Energy Carolinas, LLC, dated December 6, 2016. This Certification replaces the Certification issued on November 10, 2016 to account for additional open water impacts from the 1951 Access Road Connection. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form maybe obtained from the OAH at http:j/www.ncoah.coni or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. State of North Caralina I Environmental Quality j Water Resources 1617 Mail service Center I Raleigh, North Carolina 27699-1617 919 807 6300 B-45 Mailing address for the OAH: If sending via US Postal Service; Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Cedar Cliff Development Auxiliary Spillway Upgrade Project DWR # 16-0742 reissuance Individual Certification #4077 Page 2 of 7 !f sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this Certification shall be final and binding. This certification completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H.0500. Contact Sue Homewood at 336-776-9693 or sue.homewood@ncdenr.gov if you have any questions or concerns. Sincerely, 41mc 1% Karen Higgins, Supervisor 401 & Buffer Permitting Branch cc: Mr. Eric Mularski, HDR Engineering Inc. (via email) David Brown, USACE Asheville Regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 DWR WSRO 401 file File Copy (Laserfiche) filename: 160742CedarCliffSpillway(Jackson)_401_I C_reissue B-46 Cedar Cliff Development Auxiliary Spillway Upgrade Project DWR # 16-0742 reissuance Individual Certification #4077 Page 3 of 7 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004077 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC 02H .0500, to Mr. Jonathan Wise and Duke Energy Carolinas, LLC, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on July 29, 2016 with additional information received October 20, 2016, and November 15, 2016, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on August 12, 2016. The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the certification below. Conditions of Certification: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream Site 1 0 (linear feet) 110 (linear feet) Open Waters Site OW1 0 (acres) 0.5 (acres) Site OW2 9.6 (acres) 0 (acres) Site OW3 0 (acres) 50.8 (acres) Site OW4 _ 0.01 (acres) 0 (acres) Site OW5 —1951 access connector rd 0.22 (acres) 0 (acres) 2. The NC Wildlife Resource Commission (NCWRC) shall be consulted to determine the preferred rock spoil locations within the lake. 3. A reservoir drawdown plan shall be provided to the Division for approval 30 calendar days prior to submittal to FERC. B-47 Cedar Cliff Development Auxiliary Spillway Upgrade Project DWR # 16-0742 reissuance Individual Certification #4077 Page 4 of 7 4. The Permittee shall maintain compliance with all conditions of DWR Certification No. 3831 (DWR Project #2003-1112). 5. 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 for this project. 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. [15A NCAC 02H .0501 and .0502] 6. The Permittee shall secure approval of an Erosion and Sediment Control Plan prior to commencing drawdown of the water level in the reservoir. Sediment and erosion control measures shall not be installed in wetlands or waters with the exception of turbidity curtains. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) has released the specific area within the project. [15A NCAC 02H .0501 and .0502] 7. 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. If applicable, the project must comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site and the following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)1: a. 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. b. 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. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and Stormwater routing and treatment shall be on site at all times. B-48 Cedar Cliff Development Auxiliary Spillway Upgrade Project DWR # 16-0742 reissuance Individual Certification #4077 Page 5 of 7 6. An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCGO10000), inspection log sheets, and other information may be found at: li_ ttp://deg.nc.ixoylabout/divisioiis/erre[gy-mineral-lane-resources/energy-mineral-land- peerr7lits storr7iwater-permit51construction-sw. 15A NCAC 02H .0506(b)(5) and (c)(5)] 7. All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. [15A NCAC 02H .0506(b)(3) and (c)(3)] 8. If concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200] 9. Temporary culverts required for this project shall be installed in such a manner that the original stream profiles are not altered and to allow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) must be maintained above and below locations of each culvert. 10. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions, within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including the stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the site shall be stabilized with natural woody vegetation (except approved maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c)(2)] 11. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual so as not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .0506(b)(2) and (c)(2)] B-49 Cedar Cliff Development Auxiliary Spillway Upgrade Project DWR # 16-0742 reissuance Individual Certification #4077 Page 6 of 7 12. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of riprap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)] 13. Any riprap used for stream stabilization shall be of a size and density to prevent movement by wave action, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific areas required for velocity control and to ensure integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] 14. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 15. Mr. Jonathan Wise and Duke Energy Carolinas, LLC shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. [15A NCAC 02B .0200] If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify Mr. Jonathan Wise and Duke Energy Carolinas, LLC and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. Jonathan Wise and Duke Energy Carolinas, LLC in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 16. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold or transferred, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and .05021 B-50 Cedar Cliff Development Auxiliary Spillway Upgrade Project DWR # 16-0742 reissuance Individual Certification #4077 Page 7 of 7 17. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion (available at: httncdenr.s3.amazonaws.com s3fs- Public/Water%20Qualit Surface%20Water%20Protection/401/Certs%20and/%20Permits/Cer tificateofCom letion Feb2015.doc). [15A NCAC 02H .0502(f)] 18. This certification grants permission to the Director or an authorized representative of the Director, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)] 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 Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506] Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in criminal and/or civil penalties. This the 9th day of December, 2016 ck w v 1 Karen Higgins, Supervise 401 & Buffer Permitting Branch KAH/sh WQC004077 B-51 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 August 19, 2016 Mr. David Brown Asheville Regulatory Field Office U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Dear Mr. Brown: This is the report of the U.S. Fish and Wildlife Service and the Department of the Interior on the U.S. Army Corps of Engineers' (Corps) Public Notice (PN) of an Individual Permit Application (IPA) submitted by Mr. Jonathan Ray of Duke Energy Carolinas, LLC (Duke Energy), represented by Mr. Eric Mularski of HDR Engineering, Inc., to impact about 110 linear feet of stream impacts, 51.3 -acres of temporary open water impacts, and 9.61 -acres of permanent open water impacts within the East Fork Hydroelectric Project Area, in Jackson County, North Carolina. Information for this report is based on multiple site visits conducted by staff of this office with representatives from Duke Energy and HDR, and a review of the PN issued by the Corps. The report is submitted in accordance with the provisions of the National Environmental Policy Act; Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). According to the information presented, the proposed project consists of modifying the existing Cedar Cliff dam auxiliary spillway and main dam berm to safely pass the calculated Probable Maximum Flood (PMF), which is defined as the Inflow Design Flood (IDF), without overtopping the Cedar Cliff dam. The PMF peak inflow of the Cedar Cliff project is about 192,000 cfs, which was approved by FERC on June 22, 1994. Based on this and engineering calculations, the auxiliary spillway is incapable of passing the PMF and needs to be increased by about 112,000 cfs to prevent overtopping the dam. The FERC identified the IDF as the PMF in correspondence to Duke Energy dated April 24, 2014, and requested that the project be modified to safely pass all flows up to and including the IDF. To meet this objective, Duke Energy is proposing to completely demolish the two existing fuse plug chambers and single concrete splitter wall within the existing auxiliary spillway. The existing auxiliary spillway channel will be widened by about 50 feet. To complete the widening of the existing spillway, the existing rock wall along the spillway must be excavated and about 316,000 cubic yards of material will need to be removed. Duke Energy is proposing to dispose of about 25,000 cubic yards of excavated rock material by placing it on the downstream face of the rock fill dam. The remaining excavated material will be loaded onto barges and deposited into the Cedar B-52 Cliff impoundment. Upon completion of the excavation, an 11 -feet high concrete parapet wall will be constructed along the crest of the dam and six cast -in-place Hydroplus Fusegates will be constructed in the control section of the spillway. Temporary impacts associated with the project consist of constructing a culvert crossing of the East Fork bypass reach immediately downstream of the Cedar Cliff dam. Three corrugated metal pipes (110 -feet long by 12 -feet in diameter) will be placed in the East Fork bypass reach for this crossing. The culverts will be removed when construction is completed. Endangered Species. On March 23, 2016, Mr. Bryan Tompkins and Ms. Susan Cameron of this office met with representatives from Duke Energy and HDR, Inc. at the project site to determine if suitable habitat existed within the project area for Northern Long -Eared Bat (Myotis septentrionalis) and/or Indiana Bat (Myotis sodalis). Northern Long -Eared Bat is currently federally listed as a threatened species; and Indiana Bat is currently federally listed as an endangered species. No known hibernacula for these species occurs within '/4 mile of the project area and no known maternity roosts occur within 150 -feet of the project area. However, suitable maternity roosting habitat was found to occur along the bluff adjacent to the auxiliary spillway. For this reason, Mr. Tompkins and Ms. Cameron made recommendations to Duke Energy for summer acoustic surveys to be conducted, within the 3 -acre blasting and clearing area of the project, to determine presence/absence of these species. A survey plan was established and approved by this office and surveys were conducted at two sites within the project area from May 16 — May 18, 2016. The final report of the findings from the survey was submitted to this office on June 13, 2016. According to the report, five Indiana Bat and eight Northern Long -Eared Bat call files were identified. Upon review, Mr. Tompkins informed Mr. Mularski that the survey results indicated that both species (Indiana Bat and Northern Long - Eared Bat) were present within the project area. Because the survey results indicated potential presence, Duke Energy has proposed the following measures to be implemented into the project plans to avoid impacts to Indiana Bat and Northern Long -Eared Bat: 1. Trees within the 3 -acre blasting and clearing area will be cut during the winter (October 15 - April 15) to avoid impacts to avoid the maternity roost period for Indiana Bat and Northern Long - Eared Bat. 2. If any random trees must be cut during the summer roost period, this office will be notified and an experienced biologist will conduct an on-site habitat assessment to determine if trees are suitable maternity roost trees. If the tree(s) to be cut are suitable roost trees, an emergence survey will be conducted before tree removal. 3. All potential suitable roost trees identified adjacent to the project area will be marked and protected during clearing activities. We appreciate the proposal to implement the conservation measures to avoid impacts to Indiana Bat and Northern Long -Eared Bat. However, we believe an additional measure is necessary if emergence surveys are conducted before the removal of random tree(s) during the summer maternity roost period. If emergence surveys are conducted, and bats are observed using the tree(s) to be removed, we recommend that this office be contacted to establish a plan for proceeding before the tree(s) is removed. If the above stated measures are implemented into the project plans (including our additional recommendation), we could concur with a "may affect, not likely to adversely affect" determination for Indiana Bat and Northern Long -Eared Bat; and the consultation requirements under section 7 of the Act have been fulfilled. B-53 For all other federally listed species known to occur in Jackson County, we concur with the "no effect" determination issued by Duke Energy and HDR, Inc. Therefore, we believe the requirements under section 7 of the Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. Erosion Control. The PN included a statement that erosion control would be addressed as established in the Shoreline Management Plan for the project. We are not aware of any specific information in the Shoreline Management Plan concerning erosion control measures for a reservoir drawdown of the magnitude necessary for the proposed project. We recommend that Duke Energy develop a plan to monitor and mitigate for erosion along the exposed reservoir banks. After rain events, areas near storm water outfall pipes or culverts that release high velocity discharges onto exposed banks should be inspected for erosive reels or mass wasting. The plan should include measures that will be implemented should erosive/mass wasting areas be found that are contributing sediment to the river channel. We recommend the use of straw bales or other devices at problem sites to decrease velocity of water, decrease erosion, and minimize the amount of sediment released. Any problem areas should be documented. Information on documented problem areas should be maintained to focus efforts on erosion control during any future drawdowns. Reservoir Drawdown. The PN indicated that the water level in the reservoir will be drawn down about 30 feet for a duration of 14 to 16 months to facilitate construction of the spillway modifications. The PN did not include a drawdown schedule for the project. To ensure that aquatic resources within the reservoir are not adversely affected by the drawdown of the reservoir, we recommend that Duke Energy consult and reach agreement with the USFWS, other natural resource agencies, and regulatory agencies concerning any reasonable and necessary measures to minimize the impacts of the drawdown. We appreciate the opportunity to provide these comments. If we can be of assistance or if you have any questions, please do not hesitate to contact Mr. Bryan Tompkins of our staff at 828/258-3939, Ext. 240. In any future correspondence concerning this project, please reference our Log Number 4-2-16-547. Sincerely, - - original signed - - Janet Mizzi Field Supervisor E -Copy: Mr. Eric Mularski, HDR, Inc. Mr. Steve Johnson, Duke Energy Carolinas, LLC B-54 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Secretary Susan Kluttz August 30, 2016 Office of Archives and History Deputy Secretary Kevin Cherry Christy Churchill Christy.Churchill@ duke-eneEgy.com Duke Energy 550 South Tryon Street Charlotte, NC 28202 Re: Cedar Cliff Development Auxiliary Spillway Upgrade Project, East Fork Hydroelectric Project, FERC 2698-033, Jackson County, ER 16-1388 Dear Ms. Churchill: Thank you for your letter of August 5, 2016, regarding the above -referenced undertaking. We have reviewed the materials submitted and offer the following comments. Based on our knowledge of the area, it is unlikely that any archaeological resources that may be eligible for inclusion in the National Register of Historic Places will be adversely affected by the project. The East Fork Hydroelectric Project is eligible for listing in the National Register of Historic Places (NRHP) under Criterion A for "Engineering." However, when the East Fork Hydroelectric Project was evaluated in 2014, the Cedar Cliff Development (JK0729), was determined to be a non-contributing element of the historic property. Therefore, proposed improvements to the Cedar Cliff Development dam will not diminish the integrity for which the East Fork Hydroelectric Project is considered to be historic. Before improvements to the dam at Cedar Cliff are initiated, we request photographs thoroughly documenting the current condition of the dam and its surroundings. Please refer to our guidelines for labeling and submitting digital images at http://www.lipo.ncdcr.gov/digital!NCI-CPO_ Digital_ Photo_Policy.html. 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. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 B-55 Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review ca,iiedcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona A Bartos cc: John Eddy, John.Edd Z duke-ener .com Jon Wise, Jon.Wise@dtike-energy.com Tim Banta, Tim.Banta@hdriiic.com David Brown, ACOE B-56 Environmental Report Cedar Cliff Auxiliary Spillway Upgrade Annp-nriiy C. May 2019 1 C-1 PAT MCCRORY DONALD R. VAN .DER VAART DWR # 2016-0742 reissuance Jackson. County . Due Energy Carolinas, LLC Attn: Mr. Jonathan Wise 400 S. Church St Charlotte NC 28202 Subject: Approval of Individual 4101 Water Quality Certification with Additional Conditions 'Cedar Cliff Development Auxiliary Spillway Upgrade Project USAGE Action 1D. Na. SAW -20.15-025.43 ........ Dear Mr. Wise: Attached hereto is a copy of Certification No. WQC004077 issued to Mr. Jonathan Wise and Duke Energy Carolinas, LLC, dated December 6, 2016. This Certification replaces the Certification issued on November 10, 2016 to account for additional open water impacts from the 1951 Access Road Connection. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in General Statute 150E by filing a written petition for an ........... administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty j60j calendar days. ................... A petition form maybe obtained from the OAH at htt : www.ncoah.corn or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one [1J copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy.of the petition along with any appIicab€e DAH filing fee is received by the OAH within five. (5) business. days following the faxed transmission. Si Tec 0 NL)T le Carolina - Niv ironttoentaI Quit iity ; W;' t -,r Resources 1617 MaiS sen ice enter Ralc igh. lvottll C aaralini 27699-1517 979 807 6300 �?3x;'?'��s�f4;1.�Sr1�1:-�`�`•L1y_3i���1`���:?iFf4�dix'.3�'Y", ?3„�r"" . Cedar Cliff D-evelopment Auxiliary $plllwaw upgrade Prcpject DWR N 16-07 relssvance Individual Certification #4077 Page 7 of 7 Mailing ,Wre5s for the CAH' If sen ding u40 US Plastof Service. Office of Ad m i n i strat ive H ear -lin 5 6714 Mail 5 ervice Cent ar If sending vier d0very 5Ervice (UPS, fedEX, Ott); Office of Ad m i nistrat ive Hearings 1711 New Hope Church RDa4 Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 one Ill copy of th-e petition My S1 a Iso be served to DEQ_ Sam Hayes, General C€runwl De.part ment of E nvI re rrmenta I Quality 1601 Mail Service Center Raleigh, NC 27699-16D1 Unless such a petition is filed, th1s Certificati cn sha I I b e fi n a 1 a nd h I ndirkg, This c-ertif}-cation com plete 5 t he review of t he Dlaisloh Und or sect ion 40 1 of t he Cl ea n Wat e r A(; t aind ISA NCAC D2 H , 0500. Contact Su a Homewood at 336-776-9693 or sue, hom ewood @ ncclen r-gov if you h ave ally q uestion s or con Berns. Si ncerelV, Daren Ai ins, S upervi 50 401 & Buffer Permitting Branch cc; Mr. Erie M ularskir HDR Engineering Inc, (via email) David grown, UMCE AsheviRe Regulato rV Fieild Off Ice Todd Bower% EPA, Sam N ur n Federal Center, 61 Forsyth Street SW, Atiant@, GA 9030a DWR W SRQ 401 file Fil-a Cop* (Laserfich e) rilert8 me: i�lj��?��d�r�liff$�d Fway(lacksanj AOi IC reissue C-3 Cedar Cliff Development Auxiliary Spillway Upgrade Project DWR # 16-0742 relssuance Individual Certification ##4077 .Page 3 of 7 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004077 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC 02H .0500, to Mr. Jonathan Wise and Duke Energy Carolinas, LLC, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on July 29, 2016 with additional information received October 20, 2016, and November 15, 2016, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on August 12, 2015. The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set. forth. This approval requires you to follow the. conditions.listed in the certification .beIO Conditions of Certification: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including . incidental impacts. [15A NCAC Q2H ,0506(b) and/or (c)) Type. of Impact Amount Approved Amount Approved (units) (units) Permanent i Temporary Stream I Site 1 0 (linear feet) 110 (linear feet) Open Waters Site OWI m 0 (acres) E 0.5 (acres) Site OW2 9.6 (acres)0 (acres) -� - Site OW3 0 (acres) 50.8 (acres) — _ Site OW4 _ 0,01 (acres) 0 (acres) Site OW5 —1951 0.22 (acres) 0 (acres) access connector rd 2. The NC Wildlife Resource Commission (NCWRC) shall be consulted to determine the preferred rock spoil locations within the lake. 3. A reservoir drawdown plan shall tae provided. to the Division for approval 3Q calendar days prior to submittal to FERC. ...................... ..... .... . . ... .................................. .................................................................................... ................... ............................ C-4 Cedar Cliff Deveiopmern.AuxiIlia ry 5pi€Tway Upgrade Project DWR # 16-0742 reissuance Individual Certification #14077 Page 4 of 7 4. The Permittee shall maintain compliance with all conditions of DWR Certification No. 3831 (DWR Project #2003-1112). 5. 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 €or this project. 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. [15A NCAC 02H.0501 and .0502] 6. The Permittee shall secure approval of an Erosion and Sediment Control Plan prior to commencing drawdown of the water level in the reservoir. Sediment and erosion control measures shall not be installed in wetlands or waters with the exception of turbidity curtains. All sediment and erosion control devices shall be removed and the natural grade .................. . restored within two (2) months of the date that the Division of Energy, Mineral and Land Resources (DEMI_R) has released the specific area within the project. [15A NCAC 02H .0501 and ,0502] 7. 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. if applicable, the project must comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site and the following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)): a. 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 ]eased borrow pits ................... associated with the project. b. 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. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control .measures and star uvater routing and treatment shall be on site at all times, ................. ............................................................................... ...........................:. C-5 Cedar Cliff Development.Auxiliary Spillway Upgrade Project DwR # 16-0742 reissuance Individual Certification #4077 Page S of 7 6. An NPDES Construction Stormwater Permit is required for construction projects that disturb... one (1) or more acres of land. This Permit allows stormwater to be discharged during land .......... disturbing construction activities as stipulated in the conditions of the permit. if your ................ project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at: hit : deg, nc.ov about divisions ener -mineral-land-resources enemy-rriireral-iand- ermits starn�water- ermits construction-svv. 15A NCAC 02H .0506(b)(5) and (c)(5)] 7. All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. (154 NCAC 02H .0506(b)(3) and (c)(3)] S. if concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200) 9. Temporary culverts required for this project shall be installed in such a manner that the original stream profiles are not altered and to allow for aquatic life movement during low .... flows. Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) must be maintained above and below locations of each culvert. 10. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions, within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including the stream's ...............:: original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the site shall be stabilized with natural woody vegetation (except approved maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c){2)] 11. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual so as not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .05060)(2) and (G.)21. .................................................................................................................................... C-6 Cedar Cliff Development Auxiliary Spillway Upgrade Project DWR # 16-0742 reissuance Individual Certification #4077 Page 6 of 7 12. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All riprap shall be buried and/or "keyed in" such that the original ................ stream elevation and streambank contours are restored and maintained. Placement of riprap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area, [15A NCAC 02H .0506(b)(2)] 13. Any riprap used for stream stabilization shall be of a size and density to prevent movement by wave action, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific areas required for velocity control and to ensure integrity of bank stabilization measures. [15A NCAC 02H .0506(b)j2)] 14. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. ................ 15. Mr. Jonathan Wise and Duke Energy Carolinas, LLC shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. [15A NCAC 02B .0200] if the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify Mr. Jonathan Wise and Duke Energy Carolinas, LLC and the U.S. Army Carps of Engineers, provide public notice in accordance with 15A NCAC 02H .0543 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. Jonathan Wise and Duke Energy Carolinas, LLC in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the ........ Clean Water Act, and shall also become conditions of the 404 Permit for the project. ............ 16. This approval is for the purpose and design described in your application and as described in the Public Notice. The pians and specifications for this project are incorporated by reference and are an enforceable part of the Certification. if you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. if the property is sold or transferred, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certificationbe issued in their name. [15A NCAC 02H .0501 and ..0502] ................................ .. .................... Cedar Cliff Deweloprn ent Auxillpry 5pillw&y Up8r2de Project DWR If 1"742 reissuarlee Ind iwidui)l CertiFcation 4r4O77 Page 7 of 7 17. Th a a pp I icer~ t an d/or a uta o rued ape nt sh a I I p rcivide a cornpi Erted Ce rtifl Cate of Com PI eti o n For rn to the DW R 401 & 8 uffer Perm itti ng U nit with i n to n days -of p rojed co rn plet ion (avail -able at: htt = r5edenr_s3.amazoaaws.comJs3fs- yu bk/WatetIP OCIuality/Su rfa ce%2 OW ater%20Protecti on 1401/Cens%20an d%2 OF-erm itVCe r t ifrcate0fComR Ietio o f eb 2 015. d-oc ). 115A N CHIC 0 2 H ,0502�f)] - 18. Th i s certificati o nrad Cyt s perm'$Sign to th e D irs�to r o r a rr aut hor i71=d ri-p rL-,;Fn rat Ove of lh e Di rector, u pon t h e p resentati o n of prope r cre deflti a I s, t o e n ter the prope rty du ring n orma I Business hours. (15A NCAC 02H ,O5 -02(e)] Th is ap prowa I to proceed with -you r proposed Fm pact5 or to co ncfuct i M pacts to avaters as depicted i ri your application shall expire upon expiration of the 404 permit, The con d it ions in effect o n the d ate o f issoerrce sh a I I rem atn in effect for t h e li fe -of th a project, rega rdiess of the exp iration date of t his Certifi ratio n_ J15A N CAC 02H .0507 d �J 2) and 15A NCAC 02 H _05061 N orr-corn p I iance with or viol ation of th a con-ditio ns he rein set forth m ay result in revoc ation of th i 5 Certificat ion arh d rrray a Iso resu It i n cri m i rwal a rid/or c ivi I pe n alti es, This the 9th d -ay of December, 20 1.6 Ire rk H ilggin 5, Su pe rhriso 40 1 & Buffe r Pe rrn it ti ng Bran ch KAHIsh VVQCO04O77 C-8 PAT MCCRORY DONALD R. VAN .DER VAART DWR # 2016-0742 reissuance Jackson. County . Due Energy Carolinas, LLC Attn: Mr. Jonathan Wise 400 S. Church St Charlotte NC 28202 Subject: Approval of Individual 4101 Water Quality Certification with Additional Conditions 'Cedar Cliff Development Auxiliary Spillway Upgrade Project USAGE Action 1D. Na. SAW -20.15-025.43 ........ Dear Mr. Wise: Attached hereto is a copy of Certification No. WQC004077 issued to Mr. Jonathan Wise and Duke Energy Carolinas, LLC, dated December 6, 2016. This Certification replaces the Certification issued on November 10, 2016 to account for additional open water impacts from the 1951 Access Road Connection. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in General Statute 150E by filing a written petition for an ........... administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty j60j calendar days. ................... A petition form maybe obtained from the OAH at htt : www.ncoah.corn or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one [1J copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy.of the petition along with any appIicab€e DAH filing fee is received by the OAH within five. (5) business. days following the faxed transmission. Si Tec 0 NL)T le Carolina - Niv ironttoentaI Quit iity ; W;' t -,r Resources 1617 MaiS sen ice enter Ralc igh. lvottll C aaralini 27699-1517 979 807 6300 �?3x;'?'��s�f4;1.�Sr1�1:-�`�`•L1y_3i���1`���:?iFf4�dix'.3�'Y", ?3„�r"" . Cedar Cliff D-evelopment Auxiliary $plllwaw upgrade Prcpject DWR N 16-07 relssvance Individual Certification #4077 Page 7 of 7 Mailing ,Wre5s for the CAH' If sen ding u40 US Plastof Service. Office of Ad m i n i strat ive H ear -lin 5 6714 Mail 5 ervice Cent ar If sending vier d0very 5Ervice (UPS, fedEX, Ott); Office of Ad m i nistrat ive Hearings 1711 New Hope Church RDa4 Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 one Ill copy of th-e petition My S1 a Iso be served to DEQ_ Sam Hayes, General C€runwl De.part ment of E nvI re rrmenta I Quality 1601 Mail Service Center Raleigh, NC 27699-1SD1 Unless such a petition is filed, th1s Certificati cn sha I I b e fi n a 1 a nd h I ndirkg, This c-ertif}-cation com plete 5 t he review of t he Dlaisloh Und or sect ion 40 1 of t he Cl ea n Wat e r A(; t aind ISA NCAC 02 H , 0500. Contact Su a Homewood at 336-776-9693 or sue, hom ewood @ ncclen r-gov if you h ave ally q uestion s or con Berns. Si ncerelV, Daren Ai ins, S upervi 50 401 & Buffer Permitting Branch cc; Mr. Erie M ularskir HDR Engineering Inc, (via email) David grown, UMCE AsheviRe Regulato rV Fieild Off Ice Todd Bower% EPA, Sam N ur n Federal Center, 61 Forsyth Street SW, Atiant@, GA 9030a DWR W SRQ 401 file Fil-a Cop* (Laserfich e) rilert8 me: i�lj��?��d�r�liff$�d Fway(lacksanj AOi IC reissue C-10 Cedar Cliff Development Auxiliary Spillway Upgrade Project DWR # 16-0742 relssuance Individual Certification ##4077 .Page 3 of 7 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004077 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC 02H .0500, to Mr. Jonathan Wise and Duke Energy Carolinas, LLC, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on July 29, 2016 with additional information received October 20, 2016, and November 15, 2016, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on August 12, 2015. The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set. forth. This approval requires you to follow the. conditions.listed in the certification .beIO Conditions of Certification: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including . incidental impacts. [15A NCAC Q2H ,0506(b) and/or (c)) Type. of Impact Amount Approved Amount Approved (units) (units) Permanent i Temporary Stream I Site 1 0 (linear feet) 110 (linear feet) Open Waters Site OWI m 0 (acres) E 0.5 (acres) Site OW2 9.6 (acres)0 (acres) -� - Site OW3 0 (acres) 50.8 (acres) — _ Site OW4 _ 0,01 (acres) 0 (acres) Site OW5 —1951 0.22 (acres) 0 (acres) access connector rd 2. The NC Wildlife Resource Commission (NCWRC) shall be consulted to determine the preferred rock spoil locations within the lake. 3. A reservoir drawdown plan shall tae provided. to the Division for approval 3Q calendar days prior to submittal to FERC. ...................... ..... .... . . ... .................................. .................................................................................... ................... ............................ C-11 Cedar Cliff Deveiopmern.AuxiIlia ry 5pi€Tway Upgrade Project DWR # 16-0742 reissuance Individual Certification #14077 Page 4 of 7 4. The Permittee shall maintain compliance with all conditions of DWR Certification No. 3831 (DWR Project #2003-1112). 5. 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 €or this project. 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. [15A NCAC 02H.0501 and .0502] 6. The Permittee shall secure approval of an Erosion and Sediment Control Plan prior to commencing drawdown of the water level in the reservoir. Sediment and erosion control measures shall not be installed in wetlands or waters with the exception of turbidity curtains. All sediment and erosion control devices shall be removed and the natural grade .................. . restored within two (2) months of the date that the Division of Energy, Mineral and Land Resources (DEMI_R) has released the specific area within the project. [15A NCAC 02H .0501 and ,0502] 7. 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. if applicable, the project must comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site and the following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)): a. 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 ]eased borrow pits ................... associated with the project. b. 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. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control .measures and star uvater routing and treatment shall be on site at all times, ................. ............................................................................... ...........................:. C-12 Cedar Cliff Development.Auxiliary Spillway Upgrade Project DwR # 16-0742 reissuance Individual Certification #4077 Page S of 7 6. An NPDES Construction Stormwater Permit is required for construction projects that disturb... one (1) or more acres of land. This Permit allows stormwater to be discharged during land .......... disturbing construction activities as stipulated in the conditions of the permit. if your ................ project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at: hit : deg, nc.ov about divisions ener -mineral-land-resources enemy-rriireral-iand- ermits starn�water- ermits construction-svv. 15A NCAC 02H .0506(b)(5) and (c)(5)] 7. All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. (154 NCAC 02H .0506(b)(3) and (c)(3)] S. if concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200) 9. Temporary culverts required for this project shall be installed in such a manner that the original stream profiles are not altered and to allow for aquatic life movement during low .... flows. Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) must be maintained above and below locations of each culvert. 10. All temporary fill and culverts shall be removed and the impacted area returned to natural conditions, within 60 days of the determination that the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including the stream's ...............:: original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile, and the site shall be stabilized with natural woody vegetation (except approved maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506(b)(2) and (c){2)] 11. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual so as not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .05060)(2) and (G.)21. .................................................................................................................................... C-13 Cedar Cliff Development Auxiliary Spillway Upgrade Project DWR # 16-0742 reissuance Individual Certification #4077 Page 6 of 7 12. Any riprap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All riprap shall be buried and/or "keyed in" such that the original ................ stream elevation and streambank contours are restored and maintained. Placement of riprap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area, [15A NCAC 02H .0506(b)(2)] 13. Any riprap used for stream stabilization shall be of a size and density to prevent movement by wave action, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in specific areas required for velocity control and to ensure integrity of bank stabilization measures. [15A NCAC 02H .0506(b)j2)] 14. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. ................ 15. Mr. Jonathan Wise and Duke Energy Carolinas, LLC shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. [15A NCAC 02B .0200] if the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify Mr. Jonathan Wise and Duke Energy Carolinas, LLC and the U.S. Army Carps of Engineers, provide public notice in accordance with 15A NCAC 02H .0543 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. Jonathan Wise and Duke Energy Carolinas, LLC in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the ........ Clean Water Act, and shall also become conditions of the 404 Permit for the project. ............ 16. This approval is for the purpose and design described in your application and as described in the Public Notice. The pians and specifications for this project are incorporated by reference and are an enforceable part of the Certification. if you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. if the property is sold or transferred, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certificationbe issued in their name. [15A NCAC 02H .0501 and ..0502] ................................ .. .................... Cedar Cliff Deweloprn ent Auxillpry 5pillw&y Up8r2de Project DWR If 1"742 reissuarlee Ind iwidui)l CertiFcation 4r4O77 Page 7 of 7 17. Th a a pp I icer~ t an d/or a uta o rued ape nt sh a I I p rcivide a cornpi Erted Ce rtifl Cate of Com PI eti o n For rn to the DW R 401 & B uffer Perm itti ng U nit with i n to n days -of p rojed co rn plet ion (avail -able at: htt = r5edenr_s3.amazoaaws.comJs3fs- yu bk/WatetIP OCIuality/Su rfa ce%2 OW ater%20Protecti on 1401/Cens%20an d%2 OF-erm itVCe r t ifrcate0fComR Ietio o f eb 2 015. d-oc ). 115A N CHIC 0 2 H ,0502�f)] - 18. Th i s certificati o nrad Cyt s perm'$Sign to th e D irs�to r o r a rr aut hor i71=d ri-p rL-,;Fn rat Ove of lh e Di rector, u pon t h e p resentati o n of prope r cre deflti a I s, t o e n ter the prope rty du ring n orma I Business hours. (15A NCAC 02H ,O5 -02(e)] Th is ap prowa I to proceed with -you r proposed Fm pact5 or to co ncfuct i M pacts to avaters as depicted i ri your application shall expire upon expiration of the 404 permit, The con d it ions in effect o n the d ate o f issoerrce sh a I I rem atn in effect for t h e li fe -of th a project, rega rdiess of the exp iration date of t his Certifi ratio n_ J15A N CAC 02H .0507 d �J 2) and 15A NCAC 02 H _05061 N orr-corn p I iance with or viol ation of th a con-ditio ns he rein set forth m ay result in revoc ation of th i 5 Certificat ion arh d rrray a Iso resu It i n cri m i rwal a rid/or c ivi I pe n alti es, This the 9th d -ay of December, 20 1.6 Ire rk H ilggin 5, Su pe rhriso 40 1 & Buffe r Pe rrn it ti ng Bran ch KAHIsh VVQCO04O77 C-15 Environmental Report OR Cliff Auxiliary Spillway Upgrade May 2019 1 D-1 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 August 19, 2016 Mr. David Brown Asheville Regulatory Field Office U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Dear Mr. Brown: This is the report of the U.S. Fish and Wildlife Service and the Department of the Interior on the U.S. Army Corps of Engineers' (Corps) Public Notice (PN) of an Individual Permit Application (IPA) submitted by Mr. Jonathan Ray of Duke Energy Carolinas, LLC (Duke Energy), represented by Mr. Eric Mularski of HDR Engineering, Inc., to impact about 110 linear feet of stream impacts, 51.3 -acres of temporary open water impacts, and 9.61 -acres of permanent open water impacts within the East Fork Hydroelectric Project Area, in Jackson County, North Carolina. Information for this report is based on multiple site visits conducted by staff of this office with representatives from Duke Energy and HDR, and a review of the PN issued by the Corps. The report is submitted in accordance with the provisions of the National Environmental Policy Act; Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). According to the information presented, the proposed project consists of modifying the existing Cedar Cliff dam auxiliary spillway and main dam berm to safely pass the calculated Probable Maximum Flood (PMF), which is defined as the Inflow Design Flood (IDF), without overtopping the Cedar Cliff dam. The PMF peak inflow of the Cedar Cliff project is about 192,000 cfs, which was approved by FERC on June 22, 1994. Based on this and engineering calculations, the auxiliary spillway is incapable of passing the PMF and needs to be increased by about 112,000 cfs to prevent overtopping the dam. The FERC identified the IDF as the PMF in correspondence to Duke Energy dated April 24, 2014, and requested that the project be modified to safely pass all flows up to and including the IDF. To meet this objective, Duke Energy is proposing to completely demolish the two existing fuse plug chambers and single concrete splitter wall within the existing auxiliary spillway. The existing auxiliary spillway channel will be widened by about 50 feet. To complete the widening of the existing spillway, the existing rock wall along the spillway must be excavated and about 316,000 cubic yards of material will need to be removed. Duke Energy is proposing to dispose of about 25,000 cubic yards of excavated rock material by placing it on the downstream face of the rock fill dam. The remaining excavated material will be loaded onto barges and deposited into the Cedar D-2 Cliff impoundment. Upon completion of the excavation, an 11 -feet high concrete parapet wall will be constructed along the crest of the dam and six cast -in-place Hydroplus Fusegates will be constructed in the control section of the spillway. Temporary impacts associated with the project consist of constructing a culvert crossing of the East Fork bypass reach immediately downstream of the Cedar Cliff dam. Three corrugated metal pipes (110 -feet long by 12 -feet in diameter) will be placed in the East Fork bypass reach for this crossing. The culverts will be removed when construction is completed. Endangered Species. On March 23, 2016, Mr. Bryan Tompkins and Ms. Susan Cameron of this office met with representatives from Duke Energy and HDR, Inc. at the project site to determine if suitable habitat existed within the project area for Northern Long -Eared Bat (Myotic septentrionalis) and/or Indiana Bat (Myotis sodalis). Northern Long -Eared Bat is currently federally listed as a threatened species; and Indiana Bat is currently federally listed as an endangered species. No known hibernacula for these species occurs within 1/4 mile of the project area and no known maternity roosts occur within 150 -feet of the project area. However, suitable maternity roosting habitat was found to occur along the bluff adjacent to the auxiliary spillway. For this reason, Mr. Tompkins and Ms. Cameron made recommendations to Duke Energy for summer acoustic surveys to be conducted, within the 3 -acre blasting and clearing area of the project, to determine presence/absence of these species. A survey plan was established and approved by this office and surveys were conducted at two sites within the project area from May 16 — May 18, 2016. The final report of the findings from the survey was submitted to this office on June 13, 2016. According to the report, five Indiana Bat and eight Northern Long -Eared Bat call files were identified. Upon review, Mr. Tompkins informed Mr. Mularski that the survey results indicated that both species (Indiana Bat and Northern Long - Eared Bat) were present within the project area. Because the survey results indicated potential presence, Duke Energy has proposed the following measures to be implemented into the project plans to avoid impacts to Indiana Bat and Northern Long -Eared Bat: 1. Trees within the 3 -acre blasting and clearing area will be cut during the winter (October 15 - April 15) to avoid impacts to avoid the maternity roost period for Indiana Bat and Northern Long - Eared Bat. 2. If any random trees must be cut during the summer roost period, this office will be notified and an experienced biologist will conduct an on-site habitat assessment to determine if trees are suitable maternity roost trees. If the tree(s) to be cut are suitable roost trees, an emergence survey will be conducted before tree removal. 3. All potential suitable roost trees identified adjacent to the project area will be marked and protected during clearing activities. We appreciate the proposal to implement the conservation measures to avoid impacts to Indiana Bat and Northern Long -Eared Bat. However, we believe an additional measure is necessary if emergence surveys are conducted before the removal of random tree(s) during the summer maternity roost period. If emergence surveys are conducted, and bats are observed using the tree(s) to be removed, we recommend that this office be contacted to establish a plan for proceeding before the tree(s) is removed. If the above stated measures are implemented into the project plans (including our additional recommendation), we could concur with a "may affect, not likely to adversely affect" determination for Indiana Bat and Northern Long -Eared Bat; and the consultation requirements under section 7 of the Act have been fulfilled. 2 D-3 For all other federally listed species known to occur in Jackson County, we concur with the "no effect" determination issued by Duke Energy and HDR, Inc. Therefore, we believe the requirements under section 7 of the Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. Erosion Control. The PN included a statement that erosion control would be addressed as established in the Shoreline Management Plan for the project. We are not aware of any specific information in the Shoreline Management Plan concerning erosion control measures for a reservoir drawdown of the magnitude necessary for the proposed project. We recommend that Duke Energy develop a plan to monitor and mitigate for erosion along the exposed reservoir banks. After rain events, areas near storm water outfall pipes or culverts that release high velocity discharges onto exposed banks should be inspected for erosive reels or mass wasting. The plan should include measures that will be implemented should erosive/mass wasting areas be found that are contributing sediment to the river channel. We recommend the use of straw bales or other devices at problem sites to decrease velocity of water, decrease erosion, and minimize the amount of sediment released. Any problem areas should be documented. Information on documented problem areas should be maintained to focus efforts on erosion control during any future drawdowns. Reservoir Drawdown. The PN indicated that the water level in the reservoir will be drawn down about 30 feet for a duration of 14 to 16 months to facilitate construction of the spillway modifications. The PN did not include a drawdown schedule for the project. To ensure that aquatic resources within the reservoir are not adversely affected by the drawdown of the reservoir, we recommend that Duke Energy consult and reach agreement with the USFWS, other natural resource agencies, and regulatory agencies concerning any reasonable and necessary measures to minimize the impacts of the drawdown. We appreciate the opportunity to provide these comments. If we can be of assistance or if you have any questions, please do not hesitate to contact Mr. Bryan Tompkins of our staff at 828/258-3939, Ext. 240. In any future correspondence concerning this project, please reference our Log Number 4-2-16-547. Sincerely, - - original signed - - Janet Mizzi Field Supervisor E -Copy: Mr. Eric Mularski, HDR, Inc. Mr. Steve Johnson, Duke Energy Carolinas, LLC D-4 E23 hdrinc.com July 28, 2016 Mr. Bryan Tomkins U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Subject: Duke Energy — Cedar Cliff Development Auxiliary Spillway Upgrade Project Jackson County, North Carolina Dear Mr. Tomkins: HDR, on behalf of Duke Energy Carolinas, LLC (Duke Energy), requests review and comment on any potential issues with respect to federally listed species due to construction activities associated with the proposed auxiliary spillway upgrade project at the Cedar Cliff Development located in Jackson County, North Carolina (Figure 1). These activities will require a Section 404 of the Clean Water Act (CWA) permit for unavoidable impacts to jurisdictional waters. A pre -application meeting was held with Duke Energy and representatives from Jackson County, the U.S. Army Corps of Engineers (USACE), and the U.S. Fish and Wildlife Service (USFWS) on December 1, 2015, to discuss the proposed project, associated environmental impacts, and to develop a desired permitting strategy. Proposed Project A letter (dated April 24, 2014) was issued by the Federal Energy Regulatory Commission (FERC) requiring Duke Energy to satisfy safe passage of the Inflow Design Flood, which is defined as the Probable Maximum Flood (PMF) without overtopping Cedar Cliff Dam. A Core Team was assembled consisting of representatives from Duke Energy, FERC, and HDR to develop remedial alternatives. The preferred remedial alternative developed by the Core Team to safely pass the PMF involves modifications to the existing auxiliary spillway channel and main dam toe berm, placement of an 11 -foot -high concrete parapet wall along the crest of the dam, and installation of Fusegates within the auxiliary spillway control section. Proposed Physiography The Project area is situated in the Blue Ridge Mountain physiographic region and in the intermediate mountain landtype, with elevations ranging from 3,500 to 4,800 feet (Figure 2). Most of the Project area is steep and rocky, although a small opening along the bluffline is utilized for cattle grazing. Forests within the Project area are predominantly mixed. The canopy is dominated by a combination of tulip tree (Liriodendron tulipifera), red 400 South Church Street Suites 900 & 1000, Charlotte, NC 28202-2075 T 704.338.6700 F 704.338.6760 D-5 Mr. Bryan Tomkins July 28, 2016 Page 2 maple (Acer rubrum), shortleaf pine (Pinus echinata), and white pine (Pinus strobus). Additional tree species present in the understory include Virginia pine (Pinus virginiana), black locust (Robinia pseudoacacia), black gum (Nyssa sylvatica), and red maple. Protected Species HDR obtained an updated species list for Jackson County from the USFWS website, (https://www.fws.gov/raleigh/species/cntylist/mackson.html), which was last updated on July 24, 2015. Table 1 provides a summary of these species. Table 1. Federally Protected Species for Jackson County, North Carolina. Common Name Scientific Name Federal Designation' Record Status2 Vertebrates Bog turtle Clemmys muhlenbergii T(S/A) Probable/ Potential Carolina northern flying squirrel Glaucomys sabrinus coloratus E Current Indiana bat Myotis sodalis E Current Northern long-eared bat Myotis septentrionalis T Current Invertebrates Appalachian elktoe A/asmidonta raveneliana E Current Spruce -fir moss spider Microhexura montivaga E Current Vascular Plants Small whorled pogonia Isotria medeoloides T Current Swamp pink Helonias bullata T Current Lichen Rock gnome lichen Gymnoderma lineare E Current E = Endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = Threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." T(S/A) = Threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. Current = The species has been observed in the county within the last 50 years. Probable/Potential = The species is considered likely to occur in the county based on the proximity of known records (adjacent counties), the presence of potentially suitable habitat, or both. HDR conducted an on-site survey in September 2015 to identify potential habitat and possible individuals of federally protected species listed in Table 1 for Jackson County. HDR consulted the North Carolina Natural Heritage Program (NCNHP) Element Occurrence database for protected species distribution and proximity to the project. The NCNHP database revealed no known occurrences of federally protected species within the Project area (Figure 3). The following is a summary of biological conclusions for is Mr. Bryan Tomkins July 28, 2016 Page 3 species that are protected under provisions of Section 7 and Section 9 of the Endangered Species Act of 1973. The site visit revealed no suitable habitat for the bog turtle (Clemmys muhlenbergii), Carolina northern flying squirrel (Glaucomys sabrinus coloratus), Appalachian elktoe (Alasmidonta raveneliana), spruce -fir moss spider (Microhexura montivaga), small -whorled pogonia (Isotria medeoloides), swamp pink (Helonias bullata), or rock gnome lichen (Gymnoderma lineare) within the Project area. Potential roosting habitat for the Indiana bat (Myotis sodalis) and northern long-eared bat (Myotis septentrionalis) was identified along the rock face of the auxiliary spillway and trees along the top of the ridge. A database search conducted by the USFWS indicated no known northern long-eared bat occupied hibernacula and maternity roost trees are located within close proximity of the Project area. During a site visit conducted by USFWS, Duke Energy, and HDR representatives on March 23, 2016, the USFWS determined that there is suitable habitat for federally protected bat species along the bluff of the existing auxiliary spillway. USFWS recommended a summer acoustic survey to be conducted to determine the presence and/or absence of Indiana bat and northern long-eared bat within an approximate 3 -acre proposed blasting and clearing area required for the auxiliary spillway modifications. A Study Plan following the 2016 Rangewide Indiana Bat Summer Survey Guidelines was developed and submitted to USFWS for approval on April 25, 2016. A bat acoustic survey was conducted during the summer survey window (May 16 to May 18) at two locations for two nights each to determine the presence and/or probable absence of Indiana bats and northern long-eared bats within the proposed blasting and clearing area (Figure 4 and attached photographs). Bat calls were analyzed using two software programs approved by the USFWS: BCID and EchoClass. Ten bat species were initially identified by the acoustic analysis programs. A total of five Indiana bat and eight northern long-eared bat call files were identified. No consensus identification was reached by the two programs for either species. A report detailing the findings of the bat acoustic survey was submitted electronically to the USFWS on June 13, 2016. After reviewing the report, USFWS issued a response stating they assume federally protected bat species are present in the Project area. Minimization Measures Duke Energy proposes to cut trees within the 3 -acre blasting and clearing area during the winter (October 15—April 15) to minimize impacts to federally protected bat species. The USFWS will be notified if random trees need to be removed during the summer maternity roost season. An experienced biologist will conduct an onsite habitat assessment to determine if species to be cleared contain potential roosts (i.e., live trees and/or snags that have exfoliating bark, cracks, or crevices). If potential roosts are identified, emergence surveys will be conducted at nighttime, before trees/snags are to be removed. All potential D-7 Mr. Bryan Tomkins July 28, 2016 Page 4 roost trees identified adjacent to the proposed clearing area will be marked and protected during clearing activities. On behalf of Duke Energy, we request that the USFWS issue a "may affect, but not likely to adversely affect" determination for protected bat species based on the above minimization measures. Also, please confirm that no further consultation is required for the proposed Project. Thank you in advance for your assistance. If you have any questions or require additional information after your review of the enclosed information, please contact me at (704) 973- 6878 or eric.mularskiBhdrinc.com. Respectfully, HDR Engineering, Inc. of the Carolinas 1, Eric Mularski, PWS Senior Environmental Scientist Attachments: Figure 1. Project Location Figure 2. USGS Quadrangles Figure 3. NCNHP Element Occurrence Database Figure 4. Bat Acoustic Monitoring Locations Site Photographs cc: Jon Wise — Duke Energy John Eddy — Duke Energy Tim Banta — HDR IN it LEGEND -y Project Area DATA SOURCE: ESRI, DeLorme, Tom Tom, Intermap, USGS, FAO, NIPS, OpenStreetMap contributors :e Jackson County, North Carolina V6 A&qjoijol N M O(A TA liv 0 Miles 1 dor, ..& L S CedarCliff Powerhouse br Bear Creek Powerhouse Cedar Cliff Dam �Avn AV1 L.r 10%1 rff Z e eL 0 h 0 r.3 A JOkr. ?L 12; ahne WLI le Ft FY J r 1p - r DUKE CEDAR CLIFF AUXILIARY SPILLWAY UPGRADE PROJECT *t' ENERGY PROJECT LOCATION FIGURE 1 PATH: Q:TROJECT&DUKE ENERGYM8731 CEDARCLIFF IDF SUPPORT%MXD%USFWS\PROJECTLOCATION.MXD - USER: EMULARSK - DATE: 711412016 APPLICATION FOR SECTION 404/401 INDIVIDUAL PERMIT D-9 LEGEND r� _ + a—Y rx. i ff � Project Area +�� � • �. � '� � { I • •��-•' DATA SOURCE: USGS Big Ridge Quad 1991; USGS Tuckasegee Quad 1987 © k I } r— 0 Feet 2,000 F TUCKASEGEE QUADRANGLE k� • tM15 / II { I I r y M1 yI _ 1 ; - L k h • f �,Y�y�y+ r - !"% } /.•' � •_ �~ sem. FIY ik1 �, 1� � � _. y :•i tM1 .f v� . •'''�. '• � �h,• � -- •� •• � .BIG RIDGE-QUADRANGLE #USF C�,a •. • � -2 x f � M1 i DUKE CEDAR CLIFF AUXILIARY SPILLWAY UPGRADE PROJECT ` USGS QUADRANGLES ENERL7Y. FIGURE 2 PATH: 0:IPROUECTSIDUKE_ENERGYM8731_CEDARCLIFF_OF_SUPPORTIMXDIUSMSIUSGS.MXD - USER: EMULARSK - DATE:7/14/2016 APPLICATION FOR SECTION 404/401 INDIVIDUAL PERMIT D-10 LEGEND Elevation Basic Glade (Montane Subtype) � dland ' Project Area iodMob NCNHP Element Occurrences Mt JF Animal Cliff Stone -crop II Q Plant - Large -flowered Tic see QNatural Community � © 0iY- 0 Feet 2,000 y J DATA SOURCE: According to the NCNHP Elemental Occurrence • n GIS Database no federally protected species are identified F '. at the current map scale.40P Poop rr H> iry • .k ir Coal Skink h 'a. { '•1 ry Il l Virginia Stickseed Ski -tipped Emerald Zebra Clubtail Mountain Catchfly"A Liverwort r..t,. Crested Goralroot ulliv Sant's Maned -moss "F • S til - i Ammons's Tortul_a/ ~1 Rich Cove Forest (Montane Intermediate Subtype).60 Divided IeafrRagwort• Hickory Forest (Acidic Subtype enseal CSki pee4Eme Via U90ho'NZebra .lubta I ++. T if 0 1 n r . . Ski-tippedtEmerald Zebra`Clubtail �`• �> 5 JI2r,1, .1D Y� f• C 0P 'Montane Red Cedar-- y °� Hardwoods Woodlands ¢` � cif C A. �� DQE CEDAR CLIFF AUXILIARY SPILLWAY UPGRADE PROJECT ` NCNHP ELEMENT OCCURRENCE DATABASE EIA!EC❑ RGY. FIGURE 3 PATH: O:IPROJECTSIDUKE_ENERGYM8T31_CEDARCLIFF_IDF_SUPPORTIMXDIUSMSINCNHP.MXD - USER: EMULARSK - DATE: 7/14/2016 APPLICATION FOR SECTION 404/401 INDIVIDUAL PERMIT D-11 LEGEND ® Photograph Locations Auxiliary Spillway Blasting and Clearing r Area - 3 Acres Bat Acoustic O Monitoring Locations �. y DATA SOURCE: Bing Hybrid Aerials 0 Feet 400 -. T' i �5! _ F # SITE #1 F z Y - 6 SITE #2 � 3 � - 5 "i 2 ' L _ JIL J a, fr' F } 3 • .41 hr jF �•, F ` �t I' - f Y J 'r if �� DUKE CEDAR CLIFF AUXILIARY SPILLWAY UPGRADE PROJECT ` BAT ACOUSTIC MONITORING LOCATIONS ENERVY. FIGURE 4 PATH: O:IPRWECT&DUKE_ENERGY\228]31_CEDARCLIFF_ OF SUPPORTIMXDIUSMS\CEDARCLIFFBATSURVEYLOCATIONS.MXD - USER: EMULARSK - DATE: ]/1412010 APPLICATION FOR SECTION 404/401 INDIVIDUAL PERMIT D-12 Duke Energy — Cedar Cliff Development Auxiliary Spillway Upgrade Project Photograph 1 — Cedar Cliff Dam Photograph 2 — Main Spillway and East Fork Bypassed Reach D-13 )-7Z Duke Energy — Cedar Cliff Development Auxiliary Spillway Upgrade Project Photograph 3 — Cedar Cliff Lake Photograph 4 — Auxiliary Spillway and Proposed Blasting Area D-14 Environmental Report OR Cliff Auxiliary Spillway Upgrade May 2019 1 E-1 Duke Energy Carolinas, LLC East Fork Hydroelectric Project (P-2698) Cedar Cliff Hydroelectric Development Auxiliary Spillway Upgrade Project Cedar Cliff Lake Drawdown Plan (2019 Update) 1.0 INTRODUCTION The East Fork Hydroelectric Project (Project) is owned and operated by Duke Energy Carolinas, LLC (Duke Energy) under a license issued by the Federal Energy Regulatory Commission (FERC) on May 4, 2011.' The Project consists of three hydroelectric developments which include, from upstream to downstream, Tennessee Creek (includes the Wolf Creek Dam and the Tanasee Creek Dam), Bear Creek, and Cedar Cliff. The Cedar Cliff Development includes Cedar Cliff Dam located on the East Fork of the Tuckasegee River near river mile (RM) 52.1 in Jackson County, North Carolina. The FERC Project boundary for the East Fork Project encompasses approximately 1,462 acres, including 23.15 acres of the Nantahala National Forest administered by the U.S. Forest Service (USFS) adjacent to the Bear Creek and Tennessee Creek Developments. Via letter dated April 24, 2014, the FERC Atlanta Regional Office (ARO) required Duke Energy to satisfy safe passage of the Inflow Design Flood (IDF), which is defined as the Probable Maximum Flood (PMF), without overtopping Cedar Cliff Dam. The proposed remedial alternative to safely pass the PMF involves modifications to the existing auxiliary spillway channel, installation of a Fusegate system within the auxiliary spillway control section, placement of an 8.5 -foot (ft) -high concrete parapet wall along the crest of the dam, and other appurtenant components. Related activities will include the new redundant hoist installation at the principal spillway, Tainter gate maintenance, powerhouse transformer replacement, new access road construction and modifications to an existing private access road, construction of a new principal spillway bridge, and construction of an approximately 0.5 -acre laydown area at the upstream approach channel to the auxiliary spillway. In order to complete the aforementioned work, Cedar Cliff Lake will need to be drawn down approximately 30 feet from Full Pond Elevation (Attachment 1) for the duration of construction (anticipated to be approximately 25 months). In accordance with the Hydro Project Maintenance & Emergency Protocol (HPMEP) for the Project (Appendix A of the license order), Duke Energy has prepared this Drawdown Plan to describe the procedures and schedule associated with the Cedar Cliff Lake drawdown and measures to maintain compliance with the state water quality certification, FERC license and associated plans, and the Tuckasegee Cooperative Stakeholder Team Settlement Agreement, as applicable. Under a separate cover letter, Duke Energy has consulted Duke Energy Carolinas, LLC, 143 FERC 162,203 (2013). E-2 Duke Energy Carolinas, LLC East Fork Hydroelectric Project (P-2698) Cedar Cliff Development Auxiliary Spillway Upgrade Project Cedar Cliff Lake Drawdown Plan (2019 Update) with the North Carolina State Historic Preservation Office (NCSHPO) and the Eastern Band of Cherokee Indians Tribal Historic Preservation Officer (EBCI THPO) regarding measures to be taken for extended drawdowns (Attachment 2). Duke Energy is submitting this Drawdown Plan to FERC for approval as part of a request for a temporary variance of the reservoir elevation requirements for the Cedar Cliff Development, pursuant to Article 401 of the Project license. As explained below in Section 4.1, this approval is being requested by Duke Energy because the proposed drawdown is outside of the typical maintenance activities or circumstances established by the Low Inflow Protocol and the Hydro Project Maintenance & Emergency Protocol. 2.0 PROJECT DESCRIPTION The Cedar Cliff Development consists of a 590 -foot -long, 173 -foot -wide, earth -and -rock fill dam with a crest elevation of 2,343.5 feet above mean sea level (ft AMSL). The dam impounds Cedar Cliff Lake with a surface area of 121 acres and approximately five miles of shoreline at Full Pond Elevation 2,330 ft AMSL. A principal spillway with one Tainter gate is located at the right abutment of the dam. An auxiliary spillway with two erodible fuse plug sections is located at the left abutment of the dam. Water is conveyed to the Cedar Cliff powerhouses via a tunnel intake opening near the right upstream toe of the dam and travels down the 1,138 -foot -long power tunnel and penstock. The main powerhouse contains one vertical Francis -type generating unit with an installed capacity of 8,187 horsepower (hp) and a hydraulic capacity of 555 cubic feet per second (cfs). In 2012, Duke Energy installed a new minimum flow unit, which is housed in a new small powerhouse adjacent to the main powerhouse and has nameplate -rated capacity of 526 hp and a hydraulic capacity of 35 cfs. Cedar Cliff Dam creates a 0.46 -mile -long Bypassed Reach from the base of the dam to the Cedar Cliff powerhouse discharge and back to the East Fork Tuckasegee River. No continuous minimum flow from the reservoir is provided to the Bypassed Reach. Operation of the upstream Tennessee Creek and Bear Creek Developments is coordinated with the operation of the Cedar Cliff Development. The Tennessee Creek and Bear Creek powerhouses typically operate during the afternoon to support system loads and to refill Cedar Cliff Lake for off- peak generation and water releases. Water from Tanasee Creek Lake and Wolf Creek Lake is released downstream into Bear Creek Lake. Water is released from the Bear Creek Powerhouse to Cedar Cliff Lake. Cedar Cliff Lake is normally operated between elevations 2,330 ft AMSL and 2,326 ft AMSL year-round, with a normal target elevation of 2,328 ft AMSL. E-3 Duke Energy Carolinas, LLC East Fork Hydroelectric Project (P-2698) Cedar Cliff Development Auxiliary Spillway Upgrade Project Cedar Cliff Lake Drawdown Plan (2019 Update) The FERC Project boundary around Cedar Cliff Lake encompasses the dam and reservoir, the Project structures, the Bypassed Reach, and two formal public recreation sites, the Cedar Cliff Access Area, located on Cedar Cliff Lake, and the Shook Cove Access Area, located downstream of the powerhouses. Operation and maintenance of both sites are provided by the North Carolina Wildlife Resources Commission (NCWRC). No federal lands are included in the FERC Project boundary for the Cedar Cliff Development. 3.0 DRAWDOWN PLAN 3.1 Drawdown and Refill Rate Cedar Cliff Lake will be drawn down to approximately 2,300 ft AMSL (30 ft below Full Pond Elevation 2,330 ft AMSL) to allow for the new redundant hoist instal lation/Tainter gate maintenance and construction of the auxiliary spillway upgrade. Cedar Cliff Lake elevation will be lowered by releasing flows through the generating units at a rate no greater than three feet per 24 hours (average of 0.13 ft per hour) on a continuous basis until the desired lake elevation is achieved. During the reservoir drawdown process, Duke Energy will perform inspections of the exposed shoreline areas for the occurrence of erosion or fish standing in shallow lake areas. If erosion or fish stranding is observed, Duke Energy will consult with the resource agencies to determine if a decreased drawdown rate is necessary to reduce the likelihood of the erosion or stranding to occur. Cedar Cliff Lake will be held at approximately 2,300 ft AMSL for the duration of construction activities by releasing flows through the generating units or over the principal spillway. In the event of Cedar Cliff Development inflow exceeding approximately 590 cfs or the available powerhouse capacity, inflow will be passed over the sill of the principal spillway (elevation 2,305 ft AMSL), as the Tainter gate will remain in a partially open condition throughout construction . Upon completion of construction activities, Cedar Cliff Lake will be refilled based on inflows, but at a rate no greater than three feet per 24 hours (average of 0.13 ft per hour) on a continuous basis until the Normal Target Elevation (i.e., 2,328.0 ft AMSL) is achieved. 3.2 Schedule Duke Energy anticipates the duration of construction activities at the Cedar Cliff Development will be approximately 25 months, with construction planned for September 2019 through September 2021. To facilitate the start of construction in early September 2019 (post Labor Day weekend), the Cedar Cliff Lake drawdown will begin on September 3, 2019, and the refill will begin in October 2021. E-4 Duke Energy Carolinas, LLC East Fork Hydroelectric Project (P-2698) Cedar Cliff Development Auxiliary Spillway Upgrade Project Cedar Cliff Lake Drawdown Plan (2019 Update) 3.3 Public Outreach Based on the duration and extent of the Cedar Cliff Lake drawdown, Duke Energy will perform public outreach measures to notify land owners abutting Cedar Cliff Lake and primary lake users of the planned drawdown. Duke Energy public outreach will include the following: ■ Provide information related to the schedule and associated impacts of the Cedar Cliff Lake drawdown on the existing Duke Energy Lakes & Recreation website and telephone system; ■ Post a sign(s) at the Cedar Cliff Lake Access Area notifying users of the schedule of the drawdown and associated impacts and restrictions; ■ Provide written notification of the drawdown to land owners abutting the Cedar Cliff Lake including information for an appropriate contact at Duke Energy to report concerns; ■ Provide written notification of the drawdown to primary lake users such as local recreation outfitters; ■ Coordinate with the NCWRC pursuant to the existing agreement between Duke Energy and the NCWRC; ■ Assist the NCWRC with external communications regarding any NCWRC activities or schedules for 2019 through 2021 that will be impacted by the drawdowns; and ■ Provide press releases in local news outlets. In addition to the measures listed above, Duke Energy provided preliminary notification of the planned drawdown to affected homeowners and via local news outlets in the fall of 2018. 3.4 Sediment and Erosion Control Sediment and erosion control measures will be implemented and maintained, as necessary, per the requirements of the state water quality certification and to maintain compliance with the state water quality standards, statutes, or rules. During drawdown and immediately after the drawdown elevation is reached at each facility, inspections will be performed by Duke Energy once per week and after significant rainfall events (e.g., precipitation estimates for the Project area of 1 inch or greater within 24 hours), as feasible. Approximately one month after the drawdown is reached and based on the condition of the exposed lake bottom, inspections will occur at least monthly for the duration of the drawdown. Inspections will identify mass wasting and sloughing on the banks and remediation measures will be installed as needed. Remedial measures may include installation of straw bales along the banks or similar E-5 Duke Energy Carolinas, LLC East Fork Hydroelectric Project (P-2698) Cedar Cliff Development Auxiliary Spillway Upgrade Project Cedar Cliff Lake Drawdown Plan (2019 Update) measures to decrease velocity of waters, decrease erosion, and minimize the amount of sediment released to Cedar Cliff Lake through erosion. Erosion control materials (i.e., straw bales) will be available onsite in the event such materials need to be rapidly deployed via barge. 4.0 LICENSE COMPLIANCE 4.1 Article 401 — Reservoir Level Management License Article 401 requires Duke Energy to operate the Project according to specific reservoir level management provisions, as required by Condition 6 of the North Carolina water quality certification to protect the aquatic and recreational resources in the Tuckasegee River and to provide required downstream flows. More specifically, the Licensee is required to maintain the elevation of the Project reservoirs between the designated Normal Minimum and Normal Maximum elevations (2,326 ft AMSL and 2,330 ft AMSL, respectively), except when the Licensee is permitted to vary from the Normal Operating Range as established in the Low Inflow Protocol (as outlined in Appendix A of the license order) and in the HPMEP (also included in Appendix A of the license order). The reservoir level requirements may be temporarily modified from the Normal Operating Range if required by conditions beyond the control of the Licensee, for short periods during annual inspection and repair events, or by operating emergencies or maintenance needs as defined in the Low Inflow Protocol and the HPMEP. If operations or reservoir levels are so modified, the Licensee shall notify the FERC as soon as possible, but no later than 10 days after each such incident, and shall provide the reason for the change in reservoir levels. Consistent with the consultation requirement of the HPMEP, Duke Energy has prepared this Cedar Cliff Lake Drawdown Plan in consultation with the NCWRC, the United States Fish and Wildlife Service (USFWS), and the North Carolina Division of Water Resources (NCDWR). An early draft of the Drawdown Plan was distributed for review in December 2016. The Drawdown Plan has been revised to incorporate comments received from this review, as well as applicable comments received during the 2017-2018 consultation process for the East Fork Project Comprehensive Drawdown Plan for Required Maintenance Activities in 2018-2019. Updated versions of this Drawdown Plan were re -distributed to the NCWRC, USFWS, and NCDWR for review and concurrence in August 2018 and May 2019, prior to being submitted to the FERC with the original and updated requests for approval of a temporary variance of the reservoir elevation requirements for the Cedar Cliff Development. E-6 Duke Energy Carolinas, LLC East Fork Hydroelectric Project (P-2698) Cedar Cliff Development Auxiliary Spillway Upgrade Project Cedar Cliff Lake Drawdown Plan (2019 Update) 4.2 Article 402 — Recreation Plan Under License Article 402, Duke Energy has prepared and maintains a Recreation Plan for the Project, which was approved by FERC by order dated November 27, 2012. As described in the Recreation Plan, with respect to the Cedar Cliff Development, a single formal recreation access area is maintained by Duke Energy in partnership with NCWRC at Cedar Cliff Lake, the Cedar Cliff Access Area. As stated above and in the Recreation Plan, the Cedar Cliff Development includes one recreation area, the Cedar Cliff Lake Access Area that provides a boat ramp, pier, seasonal portable toilet, and parking. Duke Energy does not currently charge a fee for public use of the access area facilities, which are open for use at all times. The Cedar Cliff Lake Access Area is currently maintained through a cooperative maintenance agreement with NCWRC. The boat ramp at the Cedar Cliff Access Area will be unusable during the drawdown. The 30 -foot drawdown described in this plan will result in closure of the Cedar Cliff Access Area when Cedar Cliff Lake reaches elevation 2,323 ft AMSL. The site will remain closed until Cedar Cliff Lake returns to elevation 2,323 ft AMSL or greater. Pursuant to the requirements of the FERC -approved Recreation Plan and associated agreement with the NCWRC, Duke Energy will coordinate with the NCWRC for methods for closure of the Cedar Cliff Lake Access Area and public notification during the drawdown period. As mitigation for the approximately 25 -month closure of this facility, NCWRC requested that Duke Energy use this opportunity to perform additional maintenance at the site, including paving and limited removal of accumulated sediment under dewatered/dry conditions. Flow from Kiesee Creek has eroded the existing floating boat dock and sediment has been deposited in the shallow portion of the reservoir. Duke Energy plans to excavate the excess sediment from the reservoir to elevation 2,322 ft msl, with all excavated material to be deposited in upland areas. Installation of a permanent rock vane is proposed to deflect flow from Kiesee Creek away from the boat launch. 4.3 Article 403 — Public Information at East Fork Project In accordance with the requirements of License Article 403, Duke Energy will continue to provide information on its website and telephone system regarding reservoir levels and recreation flows for Bear Creek, Cedar Cliff, Wolf Creek, and Tanasee Creek Lakes. E-7 Duke Energy Carolinas, LLC East Fork Hydroelectric Project (P-2698) Cedar Cliff Development Auxiliary Spillway Upgrade Project Cedar Cliff Lake Drawdown Plan (2019 Update) 4.4 Article 404 — Minimum Flow License Article 404 (as amended)z requires the licensee to release minimum flow from the Cedar Cliff reservoir to the East Fork of the Tuckasegee River, as required by Condition 6 of the North Carolina water quality certification, which consists of 1) during non -generation hours, a flow of 10 cfs from December 1 through June 30, and 35 cfs from July 1 through November 30, or 2) during low inflow periods3, a flow of 6 cfs from December 1 through June 30, and 11 cfs from July 1 through November 30. Duke Energy expects to continue to provide the required minimum flow from the Cedar Cliff Development throughout the duration of the drawdown. In the event the required minimum flows cannot be provided during the drawdown period due to low inflow, Duke Energy will provide written notification pursuant to the FERC -approved Minimum Flow and Flow Monitoring Plan and Low Inflow Protocol. 4.5 Article 405 — Recreation Flow License Article 405 requires the Licensee to operate the East Fork Project to provide scheduled recreation flow releases at or above the best efficiency flow of the Cedar Cliff unit into the main stem of the Tuckasegee River during the recreation season. Throughout the duration of the drawdowns described herein, Duke Energy will continue to provide recreation flows required by Article 405. 4.6 Article 414 — Programmatic Agreement License Article 414 requires the licensee to implement the "Final Programmatic Agreement Among the Federal Energy Regulatory Commission and the North Carolina State Historic Preservation Officer for Managing Historic Properties that may be Affected by a License Issuing to Duke Power Company, LLC for the Continued Operation and Maintenance of the East Fork Hydroelectric Project in Jackson County, North Carolina," executed on September 19, 2006, and including but not limited to the approved Historic Properties Management Plan (HPMP), filed August 7, 2006, for the Project. The 2006 HPMP includes special provisions associated with large, planned, extended drawdowns, which is defined as any planned drawdown where the pond elevation will remain at least 10 feet below the Normal Minimum Elevation for a minimum of 30 consecutive days. Specifically, the provision states that in the event of a large, planned, extended drawdown, the Licensee will consult with the North Carolina State Historic Preservation Office (NCSHPO) and the Eastern Band of 2 Duke Energy Carolinas, LLC, 138 FERC 162,146 3 As defined by the Low Inflow Protocol (Appendix A of the license order) E-8 Duke Energy Carolinas, LLC East Fork Hydroelectric Project (P-2698) Cedar Cliff Development Auxiliary Spillway Upgrade Project Cedar Cliff Lake Drawdown Plan (2019 Update) Cherokee Indians (EBCI) Tribal Historic Preservation Office (THPO) regarding the need to conduct archaeological surveys of the exposed area Pursuant to the requirements of the 2006 HPMP, Duke Energy sent a letter dated August 5, 2016 to the NCSHPO and EBCI THPO providing notification and description of the planned construction activities and associated drawdown at the Cedar Cliff Development. No response was received by Duke Energy from the EBCI THPO. Via letter dated August 30, 2016, the NCSHPO indicated it is unlikely that any archaeological resources that may be eligible for inclusion in the National Register of Historic Places will be adversely affected by the planned construction activities and drawdown. The NCSHPO requested that Duke Energy take photographs to document the current condition of the dam and its surroundings pursuant to their guidelines. Duke Energy is in the process of completing the photographic documentation of the Cedar Cliff Dam and its surroundings pursuant to the NCSHPO's request and guidelines. Copies of the above -referenced letters are provided in Attachment 2. Duke Energy also distributed a copy of the East Fork Project Comprehensive Drawdown Plan for Required Maintenance Activities in 2018-2019 (including a 10 -foot drawdown of Cedar Cliff Lake) to the NCSHPO and EBCI THPO, to provide notification and description of the planned activities and associated drawdowns at the Bear Creek, Cedar Cliff, and Tennessee Creek Developments and initiate consultation regarding the need to conduct archaeological surveys of the exposed area. By letter to Duke Energy dated October 23, 2017, NCSHPO stated that they had conducted a review of the Project and are aware of no historic resources that would be affected, and therefore NCSHPO has no comments on the proposed activities. No response was received from EBCI THPO, so, consistent with Chapter 4 of the 2006 HPMP, Duke Energy therefore assumed concurrence with Duke Energy's determination of no effect and that no additional surveys are required. 5.0 CONSULTATION On December 15, 2016, Duke Energy provided a draft of this Drawdown Plan for 30 -day review to NCDWR, NCWRC, and USFWS, all of which provided comments on the draft plan. Duke Energy incorporated the comments received into this Drawdown Plan, as applicable. A summary of the comments received and how they were addressed as well as the record of consultation is provided in Attachment 3. Duke Energy provided an updated draft version of this Drawdown Plan to the aforementioned parties for 30 -day review in August 2018 (no additional comments were received) and May 2019. E-9 Attachment 1 Cedar Cliff Development Drawdown Reservoir Water Surface Map E-10 0 500 1,000 1,500 At Feet 41 QR• .er'' - n •+e: 'Y ` •fir. s r •` .:E - �'�- '.+s •t, . -' . . � .. _-><. y, e�. r -:F •1F..!' r �.• -'!�`: - CY � `''3 .. `! �,1P�� a �•j�' �P•JO+ ` �S}` 7{y� 9 � �: - .e.��'�rt'�y.,. •y• ;`F' •�,' _ xi` age .5.y4 . JL ` �' , �!�i'. .� �•� ' -� ''.'.�P ' '. � 1 : � - •r . 7 - "lir S 0 � � :�:.3•W:;�c' ry. �'- _ + - pry � "+� ,= •s _B �_,. i �: .. �. �' � `' z' ', O '�,0 yy ,,• ,: R.' ,k- �..;y:' � 1�{ �' =r:-r'e° _ fir.•. x'* _ � ,• � .: "'�,'�,'^ i ••fir;`. y .'�..' � n }". ><� �: �,i F 500' r � .�- M ..p' M ry='k 'Vi`''a• yR, �:.'sN°<<' ' _ n,, 't .. 14, .. ." N N ,i �,- ,.. �f�;•:�. :off. r• O 6r r r Ta '9+ 5 �t S A - - x _ •7 d? •'fin. � _ _ •.r�.; • �' 1I � - �� ... .'ii",n'.-. i.� . ��$" .f � .:. �rF,:: -.'�°' .'K -'ryi• �.: a,..�. ��,'- :`� tom. '- � - ., !J ' 0 ' �. w,. O .. ti{: � ti �• 'ro � vim':- _ iT„�'.:� � � ,�'4 � -� � �L ��'f ._ .. - ..�� yFr r �. :e4�1.: .'iR:.. ,. .���'�'. .� 1 � i� 2' �. ,,..i- •.�e ,, - .. 5•� � .� .w. r'-. �, r. - . c. 4 , Cedar Cliff t. Dam Q.4” 4. •.R - "l .J'�' 'fes . 4o :41 5000 `• t' 4 r'- , Ln $ to ed Dra �n a- x, of De it .-: a pre w 2300'. W. ,•., r r" r N 2330' iA 17 Or Aw- � � � . � � .�, � - � �rt 2• 230 � o ,. • ^ 1 , w � I �. .�� . • �. U. �. 5. -• �j 4r 9 opo Bear Creek t' 0 ° Powerhouse•. .: ° v�. Bear Tv Drawdown Reservoir Water Surface ' + �� Creek se t, Lake n Existing Reservoir Water Surface At- a # 120 Hatched centerline is distance in feet from Cedar Cliff Dam.` The distance from the 2,300 -foot contour to the r?"t:, `rr Bear Creek Powerhouse is approximately = :V � , I r , IV " 2,140 feet. �: ` 'F , �' �.�;;�, =r. al r. E-11 Attachment 2 SHPO and THPO Consultation Pursuant to License Article 414 E-12 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Secretary Susan Kluttz August 30, 2016 Office of Archives and History Deputy Secretary Kevin Cherry Christy Churchill Christy. Churchillgduke-energy. com Duke Energy 550 South Tryon Street Charlotte, NC 28202 Re: Cedar Cliff Development Auxiliary Spillway Upgrade Project, East Fork Hydroelectric Project, FERC 2698-033, Jackson County, ER 16-1388 Dear Ms. Churchill: Thank you for your letter of August 5, 2016, regarding the above -referenced undertaking. We have reviewed the materials submitted and offer the following comments. Based on our knowledge of the area, it is unlikely that any archaeological resources that may be eligible for inclusion in the National Register of Historic Places will be adversely affected by the project. The East Fork Hydroelectric Project is eligible for listing in the National Register of Historic Places (NRHP) under Criterion A for "Engineering." However, when the East Fork Hydroelectric Project was evaluated in 2014, the Cedar Cliff Development (JK0729), was determined to be a non-contributing element of the historic property. Therefore, proposed improvements to the Cedar Cliff Development dam will not diminish the integrity for which the East Fork Hydroelectric Project is considered to be historic. Before improvements to the dam at Cedar Cliff are initiated, we request photographs thoroughly documenting the current condition of the dam and its surroundings. Please refer to our guidelines for labeling and submitting digital images at hqp://www.hpo.ncdcr. og v/digital/NCHPO_Digital_Photo_Policy.html. 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. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 E-13 Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review(abncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 6WRamona M. Bartos cc: John Eddy, John.Eddy(a,duke-energy.com Jon Wise, Jon.Wisegduke-energy com Tim Banta, Tim.Bantaandrinc.com David Brown, ACOE E-14 DUCE ENERGY_ August 3, 2016 Ms. Renee Gledhill -Earley State Historic Preservation Officer North Carolina State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 Mr. Russell Townsend Tribal Historic Preservation Officer Eastern Band of Cherokee Indians P.O. Box 455 Cherokee, NC 28719 Duke Energy 550 South Tryon Street Charlotte, NC 28202 Mailing Address: Mail Code EC13K/ P.O. Box 1006 Charlotte, NC 28201-1006 SUBJECT: East Fork Hydroelectric Project No. 2698-033, Jackson County, North Carolina Cedar Cliff Development Auxiliary Spillway Upgrade Project Dear Ms. Gledhill -Earley and Mr. Townsend: Duke Energy Carolinas, LLC (Duke Energy) is the Licensee of the East Fork Hydroelectric Project No. 2698-033 (Project). As specified in Article 414 of the Federal Energy Regulatory Commission (FERC) operating license for the Project, Duke Energy is required to consult with the North Carolina State Historic Preservation Office (NC SHPO) and the Eastern Band of Cherokee Indians Tribal Historic Preservation Office (EBCI THPO) regarding activities and undertakings within the Project Area of Potential Effect (APE) that are not categorically excluded in the Project's Historic Properties Management Plan (HPMP). Background A letter (dated April 24, 2014) issued by the FERC placed Duke Energy on notice to satisfy safe passage of the Inflow Design Flood (IDF) that is defined as the Probable Maximum Flood (PMF) without overtopping the Cedar Cliff Dam. Duke Energy proposes to perform upgrades to the existing auxiliary spillway and main dam toe berm as a remedial alternative to safely pass the PMF at the Cedar Cliff Development. The proposed undertaking will require federal approval through the FERC and a Section 404 permit from the U.S. Army Corps of Engineers (USACE). Remediation measures to the existing dam and auxiliary spillway are categorically excluded activities in the HPMP, but the reservoir drawdown required to facilitate construction will initiate Section 106 consultation under 36 CFR 800.(3) of the National Historic Preservation Act. Project Description and History The Project began commercial operation in 1952 and is currently owned and operated by Duke Energy. The Project consists of three developments, which are (from upstream to downstream) the Tennessee Creek Development, Bear Creek Development, and Cedar Cliff Development. The FERC issued a new license for the Project on May 4, 2011. The Project is currently classified by the FERC as having "High" hazard potential based on the probable loss of human life and potential for economical losses, environmental damage, and/or disruption to lifelines caused by failure or E-15 Ms. Renee Gledhill -Earley East Fork Hydroelectric Project No. 2698-033, Jackson County, North Carolina Mr. Russell Townsend Cedar Cliff Development Auxiliary Spillway Upgrade Project August 3, 2016 mis-operation of a dam or appurtenances. The Cedar Cliff Development includes an earth and rock fill dam, 15 -foot -diameter tunnel, and powerhouse located on the East Fork of the Tuckasegee River in Jackson County, North Carolina, approximately 6 miles southeast of the town of Cullowhee (Figure 1). The Project area is situated in the Blue Ridge physiographic province, a mountainous zone that extends northeast -southwest from southern Pennsylvania to central Alabama. The physiography of Jackson County consists of high, intermediate, and low mountains; floodplains; and low stream terraces (Figure 2). The East Fork Project is located in the Tuckasegee River watershed, which typically drains to the north. The Project area is surrounded by open water, rural residential, pastureland, and forested undeveloped lands (see attached site photographs). Proposed Project A Core Team was assembled consisting of representatives from Duke Energy, FERC, and HDR to develop remedial alternatives for safely passing the PMF at the Cedar Cliff Development. The preferred alternative developed by the Core Team involves modifications to the existing auxiliary spillway channel and main dam toe berm, placement of an 11 -foot -high concrete parapet wall along the crest of the dam, and installation of Fusegates within the auxiliary spillway control section. Rock spoil from the auxiliary spillway excavation will be loaded onto a barge and deposited in Cedar Cliff Lake to eliminate potential impacts to environmental resources at alternative rock spoil locations. This activity will result in approximately 316,600 cubic yards of permanent fill within an approximate 9.6 -acre footprint of the reservoir. As part of the proposed upgrade project, Cedar Cliff Lake will be drawn down approximately 30 feet (Elevation 2,330 feet mean sea level) for a duration of 14 to 16 months to facilitate construction of the spillway modifications (Figure 3). The drawdown footprint and excavation area north of the existing auxiliary spillway will serve as the APE not categorically excluded by the proposed remediation activities. The HPMP specifies that Duke Energy will consult with the NC SHPO and the EBCI THPO in the event of a large, planned extended drawdown to determine if an archaeological survey of the exposed area should be conducted. Duke Energy requests your comments and opinions on whether an archaeological survey of the exposed area should be conducted. We also request that you review the attached information and verify that no additional cultural resources surveys are required for the proposed upgrade project under Section 106 of the National Historic Preservation Act. Should you have any questions regarding this project or require additional information, please do not hesitate to contact Christy Churchill at (980) 373-4183 or Christv.Churchilladuke-eneray.com. Sincerely, Duke Energy Carolinas, LLC Christy Churchill Cultural/Historical Resources Coordinator Attachments: Figure 1. Project Location Figure 2. USGS Quadrangles Figure 3. Aerials Site Photographs cc: Jon Wise — Duke Energy John Eddy — Duke Energy 21 E-16 a LEGEND- - - d Area of Potential Effect a DATA SOURCE: ESRI, DeLorme, Tom Tom, Intermap, USGS, FAO, NPS, 1 OpenStreetMap contributors - Jackson County, North Carolina C MIN - 0 Miles 1 `' krJ 'yrrr ,1111 jCedar Cliff r werhouse <<. - ? 40 Bear Creek Powerhouse ` 1141 C, Cedar Cliff Dam ,t . t � r v s A- Iioq PilDr� : ?� F' y/ f 3� IIjOi1r71[ilrrl? IuU u n fA r r? t { r Ruch •r le 4 r _ J:7_ti w .0 C i� :k ti d t �4 PS a` C -9730 itsm r � r,- DUKE CEDAR CLIFF AUXILIARY SPILLWAY UPGRADE PROJECT F)l �' ` PROJECT LOCATION �NERLR��' FIGURE 1 PATH: O:(PROJECTS&DUKE_ENERGV1228]31_CEDARCLIFF_IDF_SUPPORT%MXD%SHPO\PROJECTLOCATION.MXD - USER: EMULARSK - DATE:8/1/2016 SECTION 106 CONSULTATION E-17 N, �LWI- 1�1- 40 Z� ? 3�• 000, M TgrP N O :500,M ©M, { 414 Cedar Cliff 1 Dam f Auxiliary Spillway • i J Y i j _- ENERGY PATH: 0:\PROJECTS\DUKE_ENERGM28731_CEDARCLIFF_IDF_SUPPORT%MXD%SHPO\CEDARCLIFFAERIAL.MXD - USER: EMULARSK - DATE: &112018 r - Ar r -r Ln u� -'x C4,D r • .f ..f - 2300 x 0 j- moo' N • ' , id 2330' . r OO Or �• 1 %jfe• ^I/7 ?330' 300+ s o N o Bear Creek co 2300' - o0o Powerhouse w I l r 4 k ''_ 17 CEDAR CLIFF AUXILIARY SPILLWAY UPGRADE PROJECT AERIALS FIGURE 3 SECTION 106 CONSULTATION E-19 Duke Energy — Cedar Cliff Auxiliary Spillway Upgrade Project Photograph 3 — Auxiliary Spillway and Proposed Blasting Area Photograph 4 — Cedar Cliff Auxiliary Spillway and Fuse Plugs E-21 IC Attachment 3 Agency Consultation Pursuant to License Article 401 E-23 Cedar Cliff Drawdown Plan Comments/Responses Date Form Name Organization Comment Response 1. The periodicity of shoreline inspection of at least once per month should be During the drawdown and immediately after the drawdown is reached, inspections will be shorter during and immediately after reaching the -30 ft target when the lake performed once per week and after significant rainfall events (e.g., forecasts of 0.5 inches bottom is saturated and more susceptible to erosion. During this early phase or greater within 24 hrs). Approximately one month after the drawdown is reached and January 18, 2017 Email Fred R Tarver III NCDWR inspections should follow rain events. The time between inspections could be based on the condition of the exposed lake bottom, inspections will occur at least monthly lengthened as the exposed lake bottom hardens and the weather patterns, and the for the duration of the drawdown. Inspections will look to identify mass wasting and associated drought, change. sloughing of the banks. January 18, 2017 Email Fred R Tarver III NCDWR 2. Duke Energy should be responsive to the observations and concerns of the Duke Energy will provide contact information to communicate concerns from the property adjacent land owners regarding erosion and water quality. owners. 1. Duke Energy is proposing to lower the lake level at a rate of about 3 -feet per day Duke Energy notes this comment and acknowledges that the drawdown will not exceed a until the desired lake level is achieved. We generally recommend a drawdown rate rate of 3 feet per 24 hours. January 9, 2017 Letter Janet Mizzi USFWS of between one and three feet per day. Although the three feet per day drawdown is at the upper end of our recommended range, we do not object to the proposal submitted by Duke Energy. 2. Throughout the drawdown process we recommend that consistent monitoring be Duke Energy will not perform the drawdown during fish spawning season. Duke Energy conducted for erosion of exposed shoreline areas and for the occurrence of fish will utlize existing lake bottom topography maps of to identify areas that may be stranding in shallow lake areas. If shoreline erosion/destabilization or fish susceptible for fish stranding (i.e., low gradient shoreline). Duke Energy will perform January 9, 2017 Letter Janet Mizzi USFWS stranding occurs, we recommend that the instances be documented and submitted inspections of areas identified during the lake bottom topography evaluation for evidence to the resource agencies for review. The drawdown rate may need to be decreased of fish stranding during the drawdown process. Duke Energy will provide documentation to reduce the likelihood of these impacts from continuing to occur. to the resource agencies of the inspection findings and consult with the agencies as necessary to determine if changes to the drawdown rate is required. 3. Additionally, we recommend that the following measures be implemented to January 9, 2017 Letter Janet Mizzi USFWS further minimize the effects of the proposed project on fish and wildlife resources: Page 1 of 3 E-24 Date Form Name Organization Comment Response 3a. Develop a plan to monitor and mitigate for erosion along the exposed Section 3.2 of drawdown plan references Erosion and Sediment Control Plan and reservoir banks. After rain events, areas near storm water outfall pipes or describes monitoring to be performed, as follows: culverts that release high velocity discharges onto exposed banks should be 'Duke Energy has developed and will implement an Erosion and Sediment Control Plan to inspected for erosive reels or mass wasting. The plan should include prevent sedimentation impacts to water resources. Best Management Practices (BMP) in measures that will be implemented should erosive/mass wasting areas be the vicinity of construction activities will include, but not be limited to, installing found that are contributing sediment to the river channel. We recommend protective silt fence, restricting the use of wet concrete within surface waters, and the use of straw bales or other devices at problem sites to decrease velocity implementing and maintaining a spill prevention plan for heavy equipment. The work area of water, decrease erosion, and minimize the amount of sediment released. will be inspected daily for signs of erosion or degradation and device failure. Following Any problem areas should be documented. Information on documented construction, all disturbed areas will be restored and re -graded to preconstruction grades problem areas should be maintained to focus efforts on erosion control and re -vegetated with native vegetation. during any future drawdowns. During the drawdown and immediately after the drawdown is reached, inspections will be January 9, 2017 Letter Janet Mizzi USFWS performed once per week and after significant rainfall events (e.g., forecasts for the Project area of 0.5 inches or greater within 24 hours). Approximately one month after the drawdown is reached and based on the condition of the exposed lake bottom, inspections will occur at least monthly for the duration of the drawdown. Inspections will look to identify mass wasting and sloughing on the banks and install remediation measures as needed. Remedial measures may include use of straw bales or similar to decrease velocity of waters, decrease erosion, and minimize the amount of sediment released to Cedar Cliff Lake. Sediment and erosion control measures will be implemented and maintained, as necessary per the requirements of the state water quality certification and to maintain compliance with the state water quality standards, statutes, or rules." 3b. Establish a specific plan to have a qualified biologist identify and Section 3.1 of drawdown plan now includes the following provision: enumerate stranded fish during the upcoming drawdown. Duke Energy 'During the reservoir drawdown process, Duke Energy will perform inspections of the should assess the data, and consult with resource agencies to determine if exposed shoreline areas for the occurrence of erosion or fish standing in shallow lake fish populations are being distressed by the drawdown. If it is determined areas. If erosion or fish stranding is observed, Duke Energy will consult with the resource January 9, 2017 Letter Janet Mizzi USFWS that fish are being stranded at levels that will impact fishery populations, we agencies to determine if a decreased drawdown rate is necessary to reduce the likelihood recommend that Duke Energy arrange for additional stocking of fish (based of the erosion or stranding to occur." on the number and species of stranded fish observed during the drawdown) following the return of the reservoir to normal operating levels. 3c. Mitigate for the loss of recreational fishing at Cedar Cliff Lake by NCWRC requested enhancements to the Access Area rather than the fish attractors. providing financial support to North Carolina Wildlife Resources January 9, 2017 Letter Janet Mizzi USFWS Commission to install fish habitat/attractors within the reservoir during the drawdown. 3d. Develop a Spill Prevention, Control, and Countermeasure (SPCC) Plan The contractor(s) retained for the auxiliary spillway upgrade project will develop, January 9, 2017 Letter Janet Mizzi USFWS to describe measures to prevent, contain, and clean up petroleum spills from maintain, and implement SPCC Plan(s), as necessary during construction. construction activities associated with the auxiliary spillway upgrade. Page 2 of 3 E-25 Date Form Name Organization Comment Response 4. According to our records and a review of the information presented, we do not Duke Energy will implement the protective measures identified by USFWS prior to and believe that federally listed species or their habitats will be impacted by the during the auxiliary spillway upgrade project. proposed drawdown of Cedar Cliff Lake. Due to potential impacts to Northern Long -Eared Bat (Myotis septentrionalis ), currently federally listed as a threatened species, and Indiana Bat (Myotis sodalis ), currently federally listed as an endangered species, informal consultation on the construction activities associated with the auxiliary spillway upgrade portion of the project began on March 23, 2016. Duke Energy has agreed to implement the following protective measures into the auxiliary spillway upgrade plans to avoid impacts to these species: 1) Trees within the 3 -acre blasting and clearing area will be cut during the winter (October 15 -April 15) to avoid the maternity roost period for Indiana Bat and Northern Long -Eared Bat; 2) If any random trees must be cut during the summer January 9, 2017 Letter Janet Mizzi USFWS roost period, this office will be notified and an experienced biologist will conduct an on-site habitat assessment to determine if trees are suitable maternity roost trees; 3) If the tree(s) to be cut are suitable roost trees, an emergence survey will be conducted before tree removal; and 4) All potential suitable roost trees identified adjacent to the project area will be marked and protected during clearing activities. With the implementation of these measures, we have concurred with Duke Energy's "not likely to adversely affect" determination for the project. Informal consultation for the auxiliary spillway upgrade project was concluded on August 19, 2016. Thus, we believe the requirements under section 7 of the Act are fulfilled. 5. Obligations under section 7 of the Act must be reconsidered if: (1) new Duke Energy will consult with the USFWS if new information becomes available during information reveals impacts of this identified action that may affect listed species the auxiliary spillway upgrade project. or critical habitat in a manner not previously considered, (2) this action is January 9, 2017 Letter Janet Mizzi USFWS subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. 1. NCWRC staff have reviewed the drawdown plan and does not have objections. Comment noted. We appreciate the opportunity to review the plan and your efforts to maintain January 3, 2017 Email Chris Goudreau NCWRC minimum flows and recreational flows in the Tuckasegee River. January 3, 2017 Email Chris Goudreau NCWRC 2. Please keep John Macemore informed of the drawdown schedule so we can Duke Energy will continue to coordinate closely with the NCWRC regarding the properly notify boat access area users of the closure. drawdown schedule and duration. Page 3 of 3 E-26 Kulpa, Sarah Subject: FW: East Fork Hydro Project - Drawdown Plan for Cedar Cliff Lake From: Tarver, Fred [mailto:fred.tarver@ncdenr.gov] Sent: Wednesday, January 18, 2017 2:46 PM To: Johnson, Steve; Barnett, Kevin Cc: Bryan Tompkins; Goudreau, Chris J.; Higgins, Karen Subject: RE: East Fork Hydro Project - Drawdown Plan for Cedar Cliff Lake Steve, Without prejudice to any terms and conditions of a subsequent 401 Certification issued by DWR for the proposed project modifications, the proposal seems reasonable with the following observation: The periodicity of shoreline inspection of at least once per month should be shorter during and immediately after reaching the -30 ft target when the lake bottom is saturated and more susceptible to erosion. During this early phase inspections should follow rain events. The time between inspections could be lengthened as the exposed lake bottom hardens and the weather patterns, and the associated drought, change. Also, Duke Energy should be responsive to the observations and concerns of the adjacent land owners regarding erosion and water quality. Thanks for the opportunity to comment. Fred Fred R Tarver III Instream Flow Program Supervisor Department of Environmental Quality 919-707-9029 office fred.tarver(a)ncdenr.aov Division of Water Resources 1611 Mail Service Center Raleigh NC 27699-1611 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Johnson, Steve [mailto:Steve.Johnson@duke-energy.com] Sent: Wednesday, January 18, 2017 8:49 AM To: Tarver, Fred <fred.tarver@ncdenr.gov>; Barnett, Kevin <kevin.barnett@ncdenr.gov> Cc: Bryan Tompkins <bryan tompkins@fws.gov>; Goudreau, Chris J. <chris.goudreau@ncwildlife.org> Subject: FW: East Fork Hydro Project - Drawdown Plan for Cedar Cliff Lake E-27 Fred and Kevin: Just a friendly reminder, we would like to have your comments on the drawdown plan for Cedar Cliff Reservoir associated with the Spillway Expansion. If you don't have any comments please let me know by responding to this email. Thanks guys. Steve Johnson Duke Energy Carolinas Water Strategy and Hydro Licensing 704-382-4240 704-754-6618 steve.lohnson@duke-energy.com From: Johnson, Steve Sent: Thursday, December 15, 2016 3:57 PM To: Bryan Tompkins; Goudreau, Chris; Fred Tarver; Barnett, Kevin Subject: East Fork Hydro Project - Drawdown Plan for Cedar Cliff Lake Good Afternoon: Attached is a letter concerning a drawdown planned for Cedar Cliff Lake in conjunction with the Auxiliary Spillway Upgrade. As described in the attachment Duke Energy would appreciate your input within 30 days. Please let me know if you have any questions. Thanks for all your help and I hope you have a great Christmas and New Year holiday! Steve Johnson Duke Energy Carolinas Water Strategy and Hydro Licensing 704-382-4240 704-754-6618 steve.lohnson@duke-energy.com E-28 United States Department of the Interior FISH AND WILDLIFE SERVICE Mr. Jeffrey Lineberger Duke Energy Carolinas, LLC 526 South Church Street Charlotte, North Carolina 28202 Dear Mr. Lineberger: Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 January 9, 2017 Subject: Duke Energy Carolinas, LLC East Fork Hydroelectric Project (P-2698), Draft Cedar Cliff Lake Drawdown Plan for the Cedar Cliff Hydroelectric Development Auxiliary Spillway Upgrade Project, in Jackson County, North Carolina On December 15, 2016, we received (via e-mail) your letter including details of the project and project plans. We have reviewed the information presented and are providing the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). According to the information presented, Duke Energy Carolinas, LLC (Duke Energy) is proposing a reservoir drawdown at Cedar Cliff Lake to facilitate upgrade construction on the emergency (auxiliary) spillway. The proposed auxiliary spillway upgrade project will require that the lake level of Cedar Cliff Lake be dropped about 30 feet from full pond elevation (2,330 ft amsl) for about 16 months beginning in August 2018. Cedar Cliff Lake elevation will be lowered by releasing flows through a combination of the generating units and /or spillway gate at a rate no greater than three feet per 24 hours (average of 0.13 ft/hr) until the desired lake elevation of 2,300 ft amsl is achieved. Upon completion of the project, Cedar Cliff Lake will be refilled based on inflows but no greater than three feet per 24 hours until Normal Target Elevation is achieved. Comments and Recommendations. Duke Energy is proposing to lower the lake level at a rate of about 3 -feet per day until the desired lake level is achieved. We generally recommend a drawdown rate of between one and three feet per day. Although the three feet per day drawdown is at the upper end of our recommended range, we do not object to the proposal submitted by Duke Energy. However, throughout the drawdown process we recommend that consistent monitoring be conducted for erosion of exposed shoreline areas and for the occurrence of fish E-29 stranding in shallow lake areas. If shoreline erosion/destabilization or fish stranding occurs, we recommend that the instances be documented and submitted to the resource agencies for review. In that case, the drawdown rate may need to be decreased to reduce the likelihood of these impacts from continuing to occur. Additionally, we recommend that the following measures be implemented to further minimize the effects of the proposed project on fish and wildlife resources: Develop a plan to monitor and mitigate for erosion along the exposed reservoir banks. After rain events, areas near storm water outfall pipes or culverts that release high velocity discharges onto exposed banks should be inspected for erosive reels or mass wasting. The plan should include measures that will be implemented should erosive/mass wasting areas be found that are contributing sediment to the river channel. We recommend the use of straw bales or other devices at problem sites to decrease velocity of water, decrease erosion, and minimize the amount of sediment released. Any problem areas should be documented. Information on documented problem areas should be maintained to focus efforts on erosion control during any future drawdowns. 2. Establish a specific plan to have a qualified biologist identify and enumerate stranded fish during the upcoming drawdown. Duke Energy should assess the data, and consult with resource agencies to determine if fish populations are being distressed by the drawdown. If it is determined that fish are being stranded at levels that will impact fishery populations, we recommend that Duke Energy arrange for additional stocking of fish (based on the number and species of stranded fish observed during the drawdown) following the return of the reservoir to normal operating levels. 3. Mitigate for the loss of recreational fishing at Cedar Cliff Lake by providing financial support to North Carolina Wildlife Resources Commission to install fish habitat/attractors within the reservoir during the drawdown. 4. Develop a Spill Prevention, Control, and Countermeasure (SPCC) Plan to describe measures to prevent, contain, and clean up petroleum spills from construction activities associated with the auxiliary spillway upgrade. Endangered Species. According to our records and a review of the information presented, we do not believe that federally listed species or their habitats will be impacted by the proposed drawdown of Cedar Cliff Lake. Due to potential impacts to Northern Long -Eared Bat (Myotis septentrionalis), currently federally listed as a threatened species, and Indiana Bat (Myotis sodalis), currently federally listed as an endangered species, informal consultation on the construction activities associated with the auxiliary spillway upgrade portion of the project began on March 23, 2016. Duke Energy has agreed to implement the following protective measures into the auxiliary spillway upgrade plans to avoid impacts to these species: 1) Trees within the 3 - acre blasting and clearing area will be cut during the winter (October 15 -April 15) to avoid the maternity roost period for Indiana Bat and Northern Long -Eared Bat; 2) If any random trees must be cut during the summer roost period, this office will be notified and an experienced biologist will conduct an on-site habitat assessment to determine if trees are suitable maternity roost trees; 3) If the tree(s) to be cut are suitable roost trees, an emergence survey will be N E-30 conducted before tree removal; and 4) All potential suitable roost trees identified adjacent to the project area will be marked and protected during clearing activities. With the implementation of these measures, we have concurred with Duke Energy's "not likely to adversely affect" determination for the project. Informal consultation for the auxiliary spillway upgrade project was concluded on August 19, 2016. Thus, we believe the requirements under section 7 of the Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered if - (1) £(1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. We appreciate the opportunity to provide these comments. If we can be of assistance or if you have any questions, please do not hesitate to contact Mr. Bryan Tompkins of our staff at 828/258-3939, Ext. 240. In any future correspondence concerning this project, please reference our Log Number 4-2-17-133. Sincerely, - original signed — Janet Mizzi Field Supervisor E -Copy: Mr. Chris Goudreau, North Carolina Wildlife Resources Commission Mr. Fred Tarver, North Carolina Division of Water Resources Mr. Kevin Barnett, North Carolina Division of Water Resources Mr. Steve Johnson, Duke Energy Carolinas, LLC E-31 Kulpa, Sarah Subject: FW: East Fork Hydro Project - Drawdown Plan for Cedar Cliff Lake From: Goudreau, Chris J.[mailto:chris.goudreau@ncwildlife.org] Sent: Tuesday, January 03, 2017 10:21 AM To: Johnson, Steve; Bryan Tompkins; Tarver, Fred; Barnett, Kevin Cc: Leslie, Andrea J; Wheeler, A. Powell; Macemore, John W. Subject: RE: East Fork Hydro Project - Drawdown Plan for Cedar Cliff Lake Steve, NCWRC staff have reviewed the drawdown plan and does not have objections. We appreciate the opportunity to review the plan and your efforts to maintain minimum flows and recreational flows in the Tuckasegee River. Please keep John Macemore informed of the drawdown schedule so we can properly notify boat access area users of the closure. Happy New Year, Chris Chris Goudreau Hydropower & Special Projects Coordinator Habitat Conservation Division NC Wildlife Resources Commission 645 Fish Hatchery Road Marion, NC 28752 office: 828-652-4360 ext. 223 mobile: 828-606-3977 chris.aoudreau@ncwildlife.ora ncwildlife.org From: Johnson, Steve [mailto:Steve.Johnson@duke-energy.com Sent: Thursday, December 15, 2016 3:57 PM To: Bryan Tompkins <bryan tompkins@fws.gov>; Goudreau, Chris J.<chris.goudreau@ncwildlife.org>; Tarver, Fred <fred.tarver@ncdenr.gov>; Barnett, Kevin <kevin.barnett@ncdenr.gov> Subject: East Fork Hydro Project - Drawdown Plan for Cedar Cliff Lake Good Afternoon: Attached is a letter concerning a drawdown planned for Cedar Cliff Lake in conjunction with the Auxiliary Spillway Upgrade. As described in the attachment Duke Energy would appreciate your input within 30 days. Please let me know if you have any questions. Thanks for all your help and I hope you have a great Christmas and New Year holiday! Steve Johnson Duke Energy Carolinas Water Strategy and Hydro Licensing E-32 (� DUKE ENERGY December 15, 2016 Via electronic mail Mr. Kevin Barnett NC Division of Water Resources 2090 U.S. 70 Highway Swannanoa, NC 28778 Mr. Fred Tarver NC Division of Water Resources 1611 Mail Service Center WATER STRATEGY, HYDRO LICENSING AND LAKE SERVICES Duke Energy Corporation 526 South Church Street Charlotte, NC 28202 Mr. Chris Goudreau NC Wildlife Resources Commission 645 Fish Hatchery Road Marion, NC 28752 Mr. Bryan Tompkins Asheville Field Office U.S. Fish and Wildlife Service Raleigh, NC 27699-1611 160 Zillicoa Street Asheville, North Carolina 28801 Subject: East Fork Hydroelectric Project (FERC No. 2698) Cedar Cliff Hydroelectric Development Auxiliary Spillway Upgrade Consultation for Scheduled Drawdown Dear Messrs. Barnett, Tarver, Goudreau and Tompkins: Duke Energy Carolinas, LLC (Duke Energy) herein provides the enclosed information for your review and comment on an upcoming scheduled drawdown at the Cedar Cliff Hydroelectric Development of the East Fork Hydroelectric Project (Project). The Cedar Cliff Development is located on the East Fork of the Tuckasegee River in Jackson County, North Carolina. The Cedar Cliff Development is the most downstream of the three developments in the Project. The Bear Creek Development is immediately upstream of Cedar Cliff and the Tennessee Creek Development is immediately upstream of the Bear Creek Development. As further discussed in the enclosed information, the proposed drawdown is necessary to complete modifications of the Cedar Cliff Dam and associated auxiliary spillway as required by the Federal Energy Regulatory Commission (FERC) Atlanta Regional Office (ARO) to satisfy safe passage of the Inflow Design Flood (IDF), which is defined as the Probable Maximum Flood (PMF), without overtopping Cedar Cliff Dam. In order to complete the aforementioned work, Cedar Cliff Lake will need to be drawn down approximately 30 feet for the duration of construction (anticipated to be approximately 16 months) planned for August 2018 through November 2019. Duke Energy is in the process of obtaining applicable federal and state permits and licenses to perform this work, including a Section 404/Section 10 permit from the U.S. Army Corps of Engineers and a Section 401 Water Quality Certification from the North Carolina Department of Environmental Quality, Division of Water Resources (NCDWR). E-33 East Fork Hydroelectric Project (P-2698) Cedar Cliff Hydroelectric Development Auxiliary Spillway Upgrade Consultation for Scheduled Drawdown December 15, 2016 Page 2 In addition to the aforementioned permits, Duke Energy is required to maintain compliance (or obtain approval for a variance) with the existing FERC License and associated plans and water quality certification as well as the Tuckasegee Cooperative Stakeholder Team Settlement Agreement, as applicable. Accordingly, Duke Energy will be seeking FERC approval for a temporary variance from License Article 401 Reservoir Level Management for the Cedar Cliff Lake drawdown necessary to complete the FERC - required auxiliary spillway modifications. Duke Energy respectfully requests submittal of any comments on the enclosed information within 30 days of the date of this letter. Subsequently, Duke Energy will address any comments received and submit the final Cedar Cliff Lake Drawdown Plan to FERC requesting approval of the temporary reservoir level variance. If you have any questions about the enclosed information, please contact Mr. Steve Johnson at (704) 382-4240 or Steve.Johnson@Duke-Energy.com. Sincerely, Jeffrey G. Lineberger, PE Director, Water Strategy & Hydro Licensing Duke Energy Carolinas, LLC Enclosure: Draft Cedar Cliff Lake Drawdown Plan cc w/enclosure: Steve Johnson, Duke Energy Phil Fragapane, Duke Energy Brad Keaton, Duke Energy Lynne Dunn, Duke Energy E-34 Duke Energy Carolinas, LLC East Fork Hydroelectric Project (P-2698) Cedar Cliff Hydroelectric Development Auxiliary Spillway Upgrade Project Draft Cedar Cliff Lake Drawdown Plan 1.0 INTRODUCTION The East Fork Hydroelectric Project is owned and operated by Duke Energy Carolinas, LLC (Duke Energy) under a license issued by the Federal Energy Regulatory Commission (FERC) on May 4, 2011. The East Fork Hydroelectric Project consists of three hydroelectric developments which are, from upstream to downstream, Tennessee Creek, Bear Creek, and Cedar Cliff with a combined authorized installed capacity of 24.280 megawatts (MW)'. The Cedar Cliff Development includes Cedar Cliff Dam located on the East Fork of the Tuckasegee River near river mile 52.1 in Jackson County, North Carolina. Via letter dated April 24, 2014, the FERC Atlanta Regional Office (ARO) required Duke Energy to satisfy safe passage of the Inflow Design Flood (IDF), which is defined as the Probable Maximum Flood (PMF), without overtopping Cedar Cliff Dam. The preferred remedial alternative to safely pass the PMF involves modifications to the existing auxiliary spillway channel and main dam toe berm, placement of an approximately seven feet high concrete parapet wall along the crest of the dam, and installation of fuse gates within the auxiliary spillway control section. The FERC Project Boundary will be enlarged to incorporate approximately three acres of land currently owned by Duke Energy to encompass the project modifications and enlargement of the auxiliary spillway channel. In order to complete the aforementioned work, Cedar Cliff Lake will need to be drawn down approximately 30 feet from Full Pond Elevation for the duration of construction (anticipated to be approximately 16 months). Duke Energy has prepared this Drawdown Plan to describe the procedures and schedule associated with the Cedar Cliff Lake drawdown and measures to maintain compliance with the state water quality certification, FERC license and associated plans, and the Tuckasegee Cooperative Stakeholder Team Settlement Agreement, as applicable. 2.0 PROJECT DESCRIPTION The Cedar Cliff Development consists of a 590 -foot -long, 173 -foot -wide, earth -and -rock fill dam with a crest elevation of 2,343.5 feet above mean sea level (ft amsl). The dam impounds Cedar Cliff Lake with a surface area of 121 acres and approximately five miles of shoreline at Full Pond Elevation 2,330 ft amsl. A service spillway is located at the right abutment of the dam and has one Tainter gate. An emergency (auxiliary) spillway is located at the left abutment of the dam which contains two erodible fuse plug sections. Water flows into the intake located in the right abutment of the dam containing one slide gate with trashracks, and travels down the 1,138 -foot -long power tunnel and penstock to the main powerhouse Duke Energy Carolinas, LLC, 143 FERC ¶ 62,203 (2013). E-35 Duke Energy Carolinas, LLC East Fork Hydroelectric Project (P-2698) Cedar Cliff Development Auxiliary Spillway Upgrade Project Draft Cedar Cliff Lake Drawdown Plan Page 2 that contains one vertical Francis -type generating unit with an installed capacity of 6.140 MW and a hydraulic capacity of 555 cubic feet per second (cfs). In 2012, Duke Energy installed a new minimum flow unit with an installed capacity of 395 kilowatts (kW) and a hydraulic capacity of 35 cfs, which is housed in a new small powerhouse adjacent to the main powerhouse at the Cedar Cliff Development. The Cedar Cliff Development includes a 0.46 -mile -long bypassed reach from the base of the dam to the powerhouse which empties to the East Fork of the Tuckasegee River. The Cedar Cliff Development has one public recreation site, the Cedar Cliff Lake Access Area improved with a boat ramp, a pier, a portable toilet, and parking. The FERC Project Boundary for the East Fork Project encompasses approximately 1,462 acres, including 23.15 acres of the Nantahala National Forest administered by the U.S. Forest Service (USFS) adjacent to the Bear Creek and Tennessee Creek Developments. The project boundary around the Cedar Cliff Development encloses the dam and reservoir, powerhouse, spillway, penstock, a 0.46 -mile -long bypassed reach, and one public recreation site and does not include federal lands. 3.0 DRAWDOWN PLAN 3.1 Drawdown and Refill Rate Cedar Cliff Lake elevation will be lowered by releasing flows through a combination of the generating units and/or spillway gate at a rate no greater than three feet per 24 hours (average of 0.13 ft per hour) on a continuous basis until the desired lake elevation is achieved. Full Pond Elevation is 2,330 ft amsl and the desired pond elevation during construction is approximately 2,300 ft amsl (30 ft below Full Pond Elevation). Cedar Cliff Lake will be held at approximately 2,300 ft amsl for the duration of construction activities by releasing flows through a combination of the generating units and/or spillway gate, as necessary. Upon completion of construction activities, Cedar Cliff Lake will be refilled based on inflows, but at a rate no greater than three feet per 24 hours (average of 0.13 foot per hour) on a continuous basis until the Normal Target Elevation (i.e., 2,328.0 ft amsl) is achieved. 3.2 Schedule Duke Energy anticipates the duration of construction activities at the Cedar Cliff Development will be approximately 16 months with construction planned for August 2018 through November 2019. Accordingly, the Cedar Cliff Lake drawdown would begin in early July 2018 and the refill would begin in December 2019. E-36 Duke Energy Carolinas, LLC East Fork Hydroelectric Project (P-2698) Cedar Cliff Development Auxiliary Spillway Upgrade Project Draft Cedar Cliff Lake Drawdown Plan Page 3 3.3 Public Outreach Based on the duration and extent of the Cedar Cliff Lake drawdown, Duke Energy will perform public outreach measures to notify land owners abutting Cedar Cliff Lake and primary lake users of the planned drawdown. Duke Energy public outreach will include the following: • Provide information related to the schedule and associated impacts of the Cedar Cliff Lake drawdown on the existing Cedar Cliff Lake website; ■ Post a sign(s) at the Cedar Cliff Lake Access Area notifying users of the schedule of the drawdown and associated impacts and restrictions; ■ Provide written notification of the drawdown to land owners abutting the Cedar Cliff Lake; ■ Provide written notification of the drawdown to primary lake users such as local recreation outfitters; ■ Coordinate with the North Carolina Wildlife Resources Commission (NCWRC) pursuant to the existing agreement between Duke Energy and the NCWRC; and ■ Provide press releases in local news outlets. 3.4 Sediment and Erosion Control Duke Energy has developed and will implement an Erosion and Sediment Control Plan to prevent sedimentation impacts to water resources. Best Management Practices (BMP) in the vicinity of construction activities will include, but not be limited to, installing protective silt fence, restricting the use of wet concrete within surface waters, and implementing and maintaining a spill prevention plan for heavy equipment. The work area will be inspected daily for signs of erosion or degradation and device failure. Following construction, all disturbed areas will be restored and re -graded to preconstruction grades and re -vegetated with native vegetation. Throughout the duration of the Cedar Cliff Lake drawdown, Duke Energy will periodically (i.e., at least once per month) monitor the Cedar Cliff Lake shoreline to assess the need for shoreline erosion control measures and install remediation measures as needed. Remedial measures may include use of straw bales or similar to decrease velocity of waters, decrease erosion, and minimize the amount of sediment released to Cedar Cliff Lake. Sediment and erosion control measures will be implemented and maintained, as necessary per the requirements of the state water quality certification and to maintain compliance with the state water quality standards, statutes, or rules. E-37 Duke Energy Carolinas, LLC East Fork Hydroelectric Project (P-2698) Cedar Cliff Development Auxiliary Spillway Upgrade Project Draft Cedar Cliff Lake Drawdown Plan Page 4 4.0 LICENSE COMPLIANCE 4.1 Article 401 — Reservoir Level Management 4.1.1 License Requirement License Article 401 requires the licensee to operate the Cedar Cliff Development according to the reservoir level management provisions, as required by Condition 6 of the North Carolina Department of Environmental Quality, Division of Water Resources (NCDWR) water quality certification (WQC) to protect the aquatic and recreation resources in the Tuckasegee River and to provide downstream flows. Pursuant to Article 401 and WQC Condition 6, the Normal Operating Range for Cedar Cliff Lake is 2,326 to 2,330 ft amsl year-round. 4.1.2 License Compliance Duke Energy will seek approval from the FERC for a temporary variance from the requirements of Article 401 in order to hold the pond level at approximately 2,300 ft amsl for the duration of the required drawdown period to complete construction activities at the Cedar Cliff Development. Requirements needed for temporary variances in lake level requirements are addressed in the Hydro Project Maintenance and Emergency Protocol, which is included as Appendix A in the East Fork License. 4.2 Article 402 — Recreation Plan 4.2.1 License Requirement License Article 402 requires the licensee to file with FERC for approval within one year of license issuance, a Recreation Plan for the East Fork Hydroelectric Project to enhance the recreation resources at the Project. Duke Energy filed a Recreation Plan with FERC for approval on December 19, 2011, which was supplemented on March 5, 2012. On November 27, 2012, the FERC issued an Order Modifying and Approving the Recreation Plan. As stated above and in the Recreation Plan, the Cedar Cliff Development includes one recreation area, the Cedar Cliff Lake Access Area that provides a boat ramp, pier, seasonal portable toilet, and parking. Duke Energy does not currently charge a fee for public use of the access area facilities, which are open for use at all times. The Cedar Cliff Lake Access Area is currently maintained through a cooperative maintenance agreement with NCWRC. 4.2.2 License Compliance The boat ramp at the Cedar Cliff Access Area will be unusable during the drawdown. Pursuant to the requirements of the FERC -approved Recreation Plan and associated agreement with the NCWRC, Duke E-38 Duke Energy Carolinas, LLC East Fork Hydroelectric Project (P-2698) Cedar Cliff Development Auxiliary Spillway Upgrade Project Draft Cedar Cliff Lake Drawdown Plan Page 5 Energy will coordinate with the NCWRC for methods for closure of the Cedar Cliff Lake Access Area and public notification during the drawdown period. 4.3 Article 403 — Public Information at East Fork Project 4.3.1 License Requirement License Article 403 requires the licensee to continue to provide information on reservoir levels and recreation flows on its website for Cedar Cliff Lake. 4.3.2 License Compliance Duke Energy will provide information related to the schedule and associated impacts of the Cedar Cliff Lake drawdown on the existing Cedar Cliff Lake website. 4.4 Article 404 — Minimum Flow 4.4.1 License Requirement License Article 404 (as amended )2 requires the licensee to release minimum flow from the Cedar Cliff reservoir, as required by WQC Condition 6 consisting of a flow during non -generation hours of 10 cfs from December 1 through June 30 and 35 cfs from July 1 through November 30, or during low inflow periods a flow of 6 cfs from December 1 through June 30 and 11 cfs from July 1 through November 30, each year, from the Cedar Cliff Powerhouses to the East Fork of the Tuckasegee River. 4.4.2 License Compliance Duke Energy will continue to provide the minimum flows from the Cedar Cliff Powerhouses required by Article 404 and WQC Condition 6 and pursuant to the FERC -approved Minimum Flow and Flow Monitoring Plan. In the event the required minimum flows cannot be provided during the drawdown period due to low inflow, Duke Energy will provide written notification pursuant to the FERC -approved Minimum Flow and Flow Monitoring Plan and Low Inflow Protocol. 4.5 Article 405 — Recreation Flow 4.5.1 License Requirement License Article 405 requires the licensee to operate the East Fork Project to provide scheduled recreation flow releases at or above the best efficiency flow into the main stem of the Tuckasegee River during the recreation season. 2 Duke Energy Carolinas, LLC, 138 FERC ¶ 62,146 E-39 Duke Energy Carolinas, LLC East Fork Hydroelectric Project (P-2698) Cedar Cliff Development Auxiliary Spillway Upgrade Project Draft Cedar Cliff Lake Drawdown Plan Page 6 4.5.2 License Compliance Duke will continue to provide the recreation flows required by Article 405. 4.6 Article 414 — Programmatic Agreement 4.6.1 License Requirement License Article 414 requires the licensee to implement the "Final Programmatic Agreement Among the Federal Energy Regulatory Commission and the North Carolina State Historic Preservation Officer for Managing Historic Properties that may be Affected by a License Issuing to Duke Power Company, LLC for the Continued Operation and Maintenance of the East Fork Hydroelectric Project in Jackson County, North Carolina," executed on September 19, 2006, and including but not limited to the approved Historic Properties Management Plan (HPMP), filed August 7, 2006, for the Project. The 2006 HPMP includes special provisions associated with large, planned, extended drawdowns, which is defined as any planned drawdown where the pond elevation will remain at least 10 feet below the Normal Minimum Elevation for a minimum of 30 consecutive days. Specifically, the provision states that in the event of a large, planned, extended drawdown, the Licensee will consult with the North Carolina State Historic Preservation Office (NCSHPO) and the Eastern Band of Cherokee Indians (EBCI) Tribal Historic Preservation Office (THPO) regarding the need to conduct archaeological surveys of the exposed area. 4.6.2 License Compliance Pursuant to the requirements of the 2006 HPMP, Duke Energy sent a letter dated August 5, 2016 to the NCSHPO and EBCI THPO providing notification and description of the planned construction activities and associated drawdown at the Cedar Cliff Development. No response was received by Duke Energy from the EBCI THPO. Via letter dated August 30, 2016, the NCSHPO indicated it is unlikely that any archaeological resources that may be eligible for inclusion in the National Register of Historic Places will be adversely affected by the planned construction activities and drawdown. The NCSHPO requested that Duke Energy take photographs to document the current condition of the dam and its surroundings pursuant to their guidelines. Duke Energy is in the process of completing the photographic documentation of the Cedar Cliff Dam and its surroundings pursuant to the NCSHPO's request and guidelines. 5.0 CONSULTATION [To be inserted upon completion of consultation with agencies.] E-40 Environmental Report OR Cliff Auxiliary Spillway Upgrade May 2019 1 F-1 Cedar Cliff Hydroelectric Development Auxiliary Spillway Upgrade Project Proposed Duke Energy Water Quality Monitoring Plan Project Overview In 2014, the FERC established the Inflow Design Flood (IDF) for Cedar Cliff development as the Probable Maximum Flood (PMF). Prior to the FERC notice, the OF had been 40 percent of the PMF. The existing spillway discharge capacity is insufficient to pass the PMF without overtopping the dam and resulting in potential failure of the structure. Engineering design efforts are underway to expand the existing auxiliary spillway (width and depth) and install Hydroplus-Fusegates as the control section. In addition, the existing parapet wall will be replaced with a PMF Wall to create additional storage for the Cedar Cliff reservoir. Studies have indicated the expanded auxiliary spillway, Fusegates, and PMF Wall provide the necessary measures to safely pass the OF without overtopping Cedar Cliff Dam. The construction project is scheduled to begin July, 2019 and be completed December, 2020. The present plan specifies excavating material (approximately 283,200 cubic yards) from the mountain hillside east of the current fuse plug (Figure 1). A gravel filter berm at the lower end of the auxiliary spill channel will provide sediment and erosion control from the excavations. During construction, the lake will be lowered 30 ft to accommodate the construction activities including staging the excavated material on the foot print of the existing fuse plug approach channel. The excavated material will be loaded onto barges and spoiled into Cedar Cliff Lake upstream of the dam (Figure 2) (for discussion and review of submerged disposal, see HDR 2018a). As specified in the USACE 404/401 permit, a 3-5 ft floating turbidity barrier will be installed at all work areas that are in, or adjacent to surface waters. As discussed by HDR (2018a), pyrite (FeS2) was identified in rock exposures at the site and in the rock core from boreholes drilled for the subsurface investigation (HDR 2017). Subsequent petrographic analyses of metasedimentary rocks of the Tallulah Falls Formation (TFFm) collected from the rock cores found that the garnet mica schist, mica schist, and schistose biotite gneiss lithologies contained 2 percent to 7 percent pyrite by volume (HDR 2017). Based on the boreholes drilled during the geological/ geotechnical site investigation for the Auxiliary Spillway upgrades, approximately 26 percent of the total excavated material (73,600 cubic yards) will be made up of these three rock lithologies. Even though there are no known instances of acid -drainage related to the metasedimentary rocks of the TFFm in the region surrounding the site; rocks with greater than 1 percent pyrite and/or pyrrhotite by volume are considered to be potentially acid -producing. Pyrite can react in the presence of atmospheric oxygen and water to form ferrous sulfate and sulfuric acid (2FeS2 + 702 + 2H2O -> 2FeSO4 + 2H2SO4). The stoichiometry of complete oxidation of one mole of pyrite would produce 4 equivalents of hydrogen ions. Although some acid -drainage is produced by natural weathering, construction activities can expose large volumes of rock containing sulfide minerals to oxidizing conditions. The oxidation of pyrite and subsequent acid production increase significantly when exposed to atmospheric oxygen and particle size becomes smaller and smaller (Pugh et.al. 1984). Subsequent leaching of the oxidation products by rainfall/groundwater result in the formation of acid drainage which is F-2 Proposed Duke Energy Monitoring Plan characterized by low pH values, high concentrations of sulfate, and mobilization of metals such as iron, aluminum, and manganese. Bosch and Meckenstock (2012) have suggested anaerobic nitrate -dependent microbial pyrite oxidation may also contribute to acid production. Geochemical and stable isotope field data from anaerobic aquifers indicate that denitrification was associated with pyrite oxidation. Laboratory studies were more ambiguous, but suggested that this process may occur under some conditions. The molecular mechanism of pyrite oxidation coupled with denitrification is not well understood. Factors affecting the amount of Acid -Production • Percent Pyrite in Rock • Morphology and grain size of the iron sulfide minerals • Particle size of excavated material (surface area of disturbed or spoiled rock) • Presence of certain iron bacteria (primarily Thiobacillus ferrooxidans) • Presence of alkalinity producing material • Oxygen concentration • Nitrate In addition to the factors affecting the amount of acid production, the characteristics of Cedar Cliff Reservoir (Table 1) also influence the amount of oxidation products in the reservoir and downstream reaches. For example, the wide range of pH values reflected the poor buffering capacity of the low alkalinity water as biological activity metabolized carbon dioxide. In addition, the very low ionic strength, as measured by conductivity, also influenced the ability to measure accurate pH values as well as indicating the poor buffering capacity. The relatively high oxygen concentrations in the lake would favor higher rates of pyrite oxidation, but these rates would be very low compared to exposure to atmospheric oxygen. The low nitrate concentrations would limit the amount of de -nitrification associated with anaerobic nitrate -dependent microbial pyrite oxidation. Probably the most significant factor limiting the accumulation of pyrite oxidation products in the lake is the very high flushing rate of the reservoir (Table 1). The average retention time of the water at full pool is 15.3 days; at a 30 foot drawdown the average retention time of the water is reduced to 8.1 days. Also, at the 30 foot drawdown, the only way to maintain the lake level is by the hydro operation, which draws water from the bottom of the lake further reducing the accumulation of oxidation products in the lake. Even though HDR (2017), HDR (2018a), and HDR (2018b) have discussed the project in detail and have projected minimum, if any, acidification impacts from pyrite oxidation, and the lake characteristics also suggest a lack of accumulation of acidic water, the potential does exist for an alteration of the water quality. The proposed monitoring program is designed to assess any direct changes in water quality due to pyrite oxidation. Page 2 of 8 F-3 Proposed Duke Energy Monitoring Plan Table 1. Cedar Cliff Reservoir Characteristics Parameter Units Full Pond (Spillway Elevation) 2330 ft-msl Tainter Gate Elevation 2305 ft-msl 30 Foot Drawdown Elevation 2300 ft-msl Cedar Cliff Hydro intake Elevation 2202 ft-msl Proposed Elevation of Top of Rock Spoil 2250 ft-msl Lake Volume below Full Pond 6320 ac -ft Lake Volume below Tainter Gate 3742 ac -ft Lake Volume below 30 foot drawdown 3386 ac -ft Lake Volume below hydro intake 42 ac -ft Mean Outflow' 209.0 cfs Mean Retention Time (full pond) 15.3 days Mean Retention Time (30 foot drawdown) 8.1 days Max Depth at Dam (full pond) 148 ft Max Depth mid -lake sampling (full pond) 106 ft pH range2 5.7-8.0 Mean Alkalinity2 0.13 meq/1 Conductivity Rangel 14-20 uSi Mean Oxygen below 2250 ft-ms12 7.8 mg/l Minimum observed oxygen2 4.2 mg/l Mean Nitrate2 0.019 mg/l 1 Calculated from Cedar Cliff operations (1953-2013) 2 from NCDENR data reported in NP&L (2000) Figure 1. Cedar Cliff Spill Channels and Proposed Excavation and Construction Areas with Proposed Water Quality Sampling Sites (pink circles) Page 3 of 8 F-4 Proposed Duke Energy Monitoring Plan Figure 2. Bathymetric Map of Cedar Cliff Reservoir Showing the Proposed Spoil Areas, the Hydro Intake, and the Downstream Reach with Proposed Water Quality Sampling Sites (red circles) i Ii ceaarC-rraowemouseTunnel Mlet Cedar Cliff Lake $athymetry 010 -Foot C oatows I I I I I{ I I i I i i i i i i i i I h ��,a„QL aye n LS E— hG MM. :o3-Jrab S-%mLr'?;o .Ca " Stat Pae NNMB UE 8w&Y Poor htWCrnher X9:5 Page 4 of 8 F-5 Proposed Duke Energy Monitoring Plan Cedar Cliff Monitoring Rationale Most environmental monitoring programs directly assess water quality or employ various indices for biological impacts, usually macroi nve rte b rates in streams. The proposed water quality assessment is designed to directly address the potential impact of the rock spoil in the reservoir, the spill channel, and the Tuckasegee River below the excavation site. The biological communities, particularly macro -invertebrates, are influenced by many factors and rarely exhibit a direct cause and effect of a perturbation. He et.al. (2015), Svitok et.al. (2014), Gray and Delaney (2008), and DeNicola and Stapleton (2016) have reviewed the use of macro -invertebrate communities to assess acid mine drainage with mixed results. Unless the pH was extremely low or significant iron oxide precipitation was covering the substrates, many diversity indices, biological integrities, density and taxonomic diversities, and various community metrics applied to macroinvertebrate populations showed highly variable results in streams with acid -mine drainage. The NCDENR (2011) reported good to excellent benthic communities in streams with low pH (mean 5.98, range 5.4-6.9). These data suggest that the use of benthic communities to assess the impact of low pH values was limited. Macro -invertebrate communities are extremely difficult to assess in the deeper portions of reservoirs and are probably non-existent in the dry spill channel. Cedar Cliff hydro discharge into the riverine habitat is very different than the Lake Habitat downstream of Bear Creek Hydro. For these reasons, macro -invertebrate assessments are not recommended to monitor potential impacts from potential pyrite oxidation at Cedar Cliff. Unlike biological assessments, water quality measurements specifically designed to detect any chemical alterations have the advantage of: • Direct correlation to pyrite oxidation • Relatively rapid analysis of data • Trends are readily assessed • Various oxidation and acidification pathways are directly elucidated • Treatment options (if necessary) may be evaluated and tested during the excavation process rather than relying on long-term mitigation Each water sample would measure the reactants and products of the pyrite oxidation reactions. These analyses will be used to document the pH and pyrite oxidation products in the lake, area leachates, and de -nitrification prior to and during the construction project. In addition to periodic water sampling, continual recording of conductivity would provide a record of overall ionic change in the water. If oxidation products (ions) increase, the very low conductivity of the Cedar Cliff water should reflect an increase in the ionic strength and provide a record of the degree of change (if any). Page 5 of 8 F-6 Proposed Duke Energy Monitoring Plan Chemical Basis for Water Quality Monitoring Major pH Buffering in Surface Water (Alkalinity): (Stumm and Morgan, 1981) H20<=> H+ + OH - 0O2+ H20<=> H2CO3 <=> H+ + HCO3'- <=> H+ +CO3 2 Chemistry of Pyrite Oxidation (Stumm and Morgan, 1981) Pyrrhotite reacts with oxygen and water to produce reduced iron and sulfuric acid Fe(1-x)S + (2-0.5x)02+ xH20=> (1-x)Fe2+ +SO4 2- + 2xH+ Pyrite reacts with oxygen and water to produce reduced iron and sulfuric acid 2FeS2 (s) + 702 + 2H2O => 2Fe2+ + 4SO42- + 4H+ [2FeSO4 + 2H2SO4] Reduced ferrous iron reacts with oxygen and acid to produce Ferric iron (rate limiting except if biologically catalyzed) Fee+ + 1/402 + H+ => Fe 3+ + 1/2H20 Ferric Iron reacts with water to form iron hydroxide (yellow -red precipitate) and acid Fe3+ + 3H2O => Fe(OH)3 (s) + 3H+ Excess ferric iron reacts with pyrite and water to form ferrous iron and sulfuric acid FeS2 (s) +14Fe3+ + 8H2O => 15Fe2+ + 2SO42- + 16H+ Table 2. Proposed Chemical Analysis of Water Samples Pending Detailed Review of Procedures to Achieve Low Limits of Detection Parameter Chemical Tentative Analytical Method Field Analysis Lab Analysis Symbol Whole Water Sample Alkalinity HCO3'- C032- n/a- Titration (0.025N HCI), Inflection end-point Total Iron Fe n/a-- Digestion, ICP Raw Water, ICP Aluminum Al n/a- Raw Water, ICP Manganese Mn n/a- Raw Water, ICP Calcium Cat+ n/a- Raw Water, ICP pH H+ Low conductivity - n/a- electrodes Turbidity n/a Hach 2100Q Portable n/a- Turbidimeter Ferrous Iron Feel 1, 10 Phenanthroline n/a- colorimetric Iron Hydroxide Fe(OH)3 absorbance n/a- Field Filtered Water Sample Nitrate -Nitrite NO3'—NO21- n/a- Colorimetric Sulfate SO42- n/a- Low level ion chromatography Page 6 of 8 F-7 Proposed Duke Energy Monitoring Plan Water Quality Monitoring Program The water quality monitoring program is divided into two phases, namely the reservoir sampling and the spill channel sampling. The reservoir sampling is designed to evaluate the slower pyrite oxidation rates due to lower oxygen concentrations associated with the large particle spoil on the bottom of the lake and the suspension of small particles washed off the larger rocks as they are put in the lake. The spill channel sampling is designed to evaluate the expected higher oxidation rates due to the high oxygen content of the atmosphere and the higher surface to volume ratios of the fine particles in the excavated area. These fine particles would be suspended and transported down the auxiliary spill channel during rain events. Cedar Cliff Reservoir Samolin Monthly 1 -meter profiles of Temperature, Dissolved Oxygen, Conductivity, pH, and turbidity will be collected with a Hydrolab sonde fitted with a low ionic strength pH reference electrode. The 1 -meter profiles would be taken in the reservoir at the deepest point in the vicinity of the Cedar Cliff hydro intake (see Figure 2) and at the deepest point, approximately 2000 feet up -stream of the in -lake spoil footprints. Water samples (Table 2) would be taken one meter above the lake bottom and one meter from the surface. An additional water sample would be taken from a depth corresponding to either abnormally high turbidity or abnormally low pH values in the water column. Additional monthly water samples would be taken in the immediate tailrace of Cedar Cliff Hydro and, as recommended by the USACE, just upstream of the East Fork/West Fork confluence. A recording Hobo© fresh water conductivity data logger will be placed in the Cedar Cliff Tailrace for the duration of the project. Cedar Cliff Spill Channel Sampling Since the spill channel is normally dry, but does serve as a conduit for water runoff during rain events, the water sampling has to be conducted while the channel has runoff water in it. Therefore, the water samples would be taken during runoff events of 1/2 inch of rain or more per 24 -hours (Figure 1). A continuous recording water level sensor and a recording conductivity sensor will be placed in the auxiliary spill channel upstream of the sediment berm location prior to excavation'. The data from a recording rain gage located on Cedar Cliff dam will be correlated with the continuous water level data from the auxiliary spill channel. After the sediment berm is installed, a second set of water level and conductivity sensors will be added downstream of the berm. The data will document runoff events with the associated ionic strength throughout the project. Data Review and Reporting Requirements Reservoir, tailrace, and spill channel sampling activities began in July 2018 to establish pre -construction conditions. Sampling will continue throughout the duration of the project, which is anticipated to be completed by March 2021. Duke Energy will consult with applicable state and federal regulatory agencies to determine if potential remediation measures should be implemented based on water quality monitoring results during construction. ' The sediment berm will be constructed immediately prior to excavation and will not be in-place during the pre -construction phase. Page 7 of 8 F-8 Proposed Duke Energy Monitoring Plan References Bosch, J. and R. U. Meckenstock. 2012. Rates and potential mechanism of anaerobic nitrate -dependent microbial pyrite oxidation. Biochemical Society Transactions Volume 40, part 6. DeNicola, D.M. and M.G. Stapleton. 2016. Using Macroin vertebrates to assess ecological integrity of streams remediated for acid mine drainage. Restoration Ecology 24:5, 656-667. Gray, N.F.and E.Delaney. 2008. Comparison of benthic macroin vertebrate indices for the assessment of the impact of acid mine drainage on an Irish river below an abandoned Cu -S mine. Environ Pollut. 155:1, 31-40. He, F., W.Jiang, T.Tang and Q.Cai. 2015. Assessing impact of acid mine drainage on benthic macroinvertebrates: can functional diversity metrics be used as indicators?. Journal of Freshwater Ecology, 30:4, 513-524. HDR. 2017. Geological and Geotechnical Subsurface Investigation, East Fork Hydroelectric Project and Cedar Cliff Development (FERC No. 2698). Tuckasegee, North Carolina, Report for Duke Energy of the Carolinas, LLC. HDR. 2018a. Cedar Cliff Rock Spoil Evaluation. East Fork Hydroelectric Project and Cedar Cliff Development (FERC No. 2698) Tuckasegee, North Carolina HDR. 2018b. Cedar Cliff Hydroelectric Development Auxiliary Spillway Upgrade Project Status Update and Permitting Process. Power Point Presentation for Agency Briefing January 18, 2018 Nantahala Power and Light. 2000. FERC Relicensing First Stage Consultation Package. East Fork Hydroelectric Project, FERC Project No. 2608 -NC North Carolina Division of Water Quality. 2011. Basin -wide Assessment Report Little Tennessee River Basin. Water Quality Section, Division of Water Quality, North Carolina Department of Environment and Natural Resources. Raleigh, NC. Pugh, C.E., L.R. Hossner, and J.B. Dixon. 1984. Oxidation rate of iron sulfides as affected by surface area, morphology, oxygen concentration, and autotrophic bacteria. Soil Science. 137:5, pp. 309-314. Stumm, W. and J.J. Morgan. 1981. Aquatic Chemistry. John Wiley & Sons, Inc.,New York, NY, 780p. Svitok, M., M. Novikmec, P. Bitusik, B.Masa, J. Obona, M.Ocadlik 5 and E.Michalkova. 2014. Benthic Communities of Low -Order Streams Affected by Acid Mine Drainages: A Case Study from Central Europe. Water 6,1312-1338. Page 8 of 8 F-9 Environmental Report Cedar Cliff Auxiliary Spillway Upgrade Annp-nriiy ('-, May 2019 1 G-1 Kulpa, Sarah From: Tompkins, Bryan <bryan_tompkins@fws.gov> Sent: Thursday, September 6, 2018 9:48 AM To: Kulpa, Sarah Subject: Re: [EXTERNAL] Duke Energy — Cedar Cliff Development Auxiliary Spillway Upgrade, Updated Drawdown Plan and Draft Environmental Report to FERC Good morning Sarah. I have reviewed the information and project plans included in your August 7, 2018 email for the Cedar Cliff Auxiliary Spillway Upgrade project proposed by Duke Energy. The USFWS does not have any additional comments or recommendations to provide at this time. I appreciate the opportunity to review the information that you presented. If you have questions or need additional information from me, please do not hesitate to contact me. Thanks, Bryan Tompkins US Fish and Wildlife Service 160 Zillicoa Street Asheville, North Carolina 28801 828/258-3939 ext.240 (office) 828/450-7586 (cell) NOTE: This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act (FOIA) and may be disclosed to third parties. On Tue, Aug 7, 2018 at 2:01 PM, Kulpa, Sarah <Sarah.Kulpa(a�hdrinc.com> wrote: Thanks, Bryan. Have a good rest of the week - Sarah Kulpa D 704.248.3620 M 315.415.8703 hdrinc.com/follow-us From: Tompkins, Bryan [mailto:bryan tompkins@fws.gov] Sent: Tuesday, August 7, 2018 1:58 PM To: Kulpa, Sarah <Sarah.Kulpa@hdrinc.com> Subject: Re: [EXTERNAL] Duke Energy — Cedar Cliff Development Auxiliary Spillway Upgrade, Updated Drawdown Plan and Draft Environmental Report to FERC G-2 Thanks Sarah. I received it. Bryan Tompkins US Fish and Wildlife Service 160 Zillicoa Street Asheville, North Carolina 28801 828/258-3939 ext.240 (office) 828/450-7586 (cell) NOTE: This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act (FOIA) and may be disclosed to third parties. On Tue, Aug 7, 2018 at 12:50 PM, Kulpa, Sarah <Sarah.Kulpa(a�hdrinc.com> wrote: Good Afternoon: On behalf of Steve Johnson of Duke Energy, attached for your review and comment please find a draft Environmental Report to FERC for the upcoming scheduled auxiliary spillway upgrade at the Cedar Cliff Development of the East Fork Hydroelectric Project (Tuckasegee River, Jackson County, NC). The report summarizes consultation, permits and approvals to date for this project and is intended to facilitate FERC environmental staff's review of the proposed modifications to the Cedar Cliff Development, as well as Duke Energy's request for approval for a temporary license variance for the Cedar Cliff Lake drawdown scheduled for 2019-2020. Please note that Duke Energy previously consulted with your organizations regarding the Cedar Cliff Lake Drawdown Plan, which is included as Appendix E of the attached draft Environmental Report. The Drawdown Plan has been updated to reflect the current schedule, as well as to address and incorporate comments received by Duke Energy in early 2017. Duke Energy plans to file the Environmental Report with FERC in early fall and respectfully requests submittal of any comments on the enclosed within 30 days of the date of this transmittal. Should you have any questions or need any additional information, please contact Steve Johnson. Due to the large file size of the attachment (13 MB), please reply to confirm you received this email and the attachment. On behalf of Duke Energy, thank you for your participation in this process and attention to this project. G-3 Sarah Kulpa Senior Regulatory Specialist, Hydropower Services HDR 440 S. Church Street, Suite 900 Charlotte, NC 28202-2075 D 704.248.3620 M 315.415.8703 sarah.kulpa@hdrinc.com hdrinc.com/follow-us G-4 Kulpa, Sarah From: Tarver, Fred <fred.tarver@ncdenr.gov> Sent: Wednesday, September 5, 2018 4:31 PM To: Kulpa, Sarah; Barnett, Kevin; Goudreau, Chris J.; bryan_tompkins@fws.gov Cc: Steve Johnson@duke-energy.com; Jeff rey.lineberger@duke-energy.com; Phil.Fragapane@duke-energy.com; brad.keaton@duke-energy.com; lynne.dunn@duke- energy.com; Banta, Tim; Mularski, Eric Subject: RE: [External] Duke Energy — Cedar Cliff Development Auxiliary Spillway Upgrade, Updated Drawdown Plan and Draft Environmental Report to FERC Sarah et al., I've reviewed the document you distributed on 8.7.2018 regarding the Cedar Cliff Development Auxiliary Spillway Upgrade and have no additional comments at this time. Thanks, Fred Fred R Tarver III Environmental Flows Program Consultant Water Planning Section - Basin Plannning Branch Department of Environmental Quality 919-707-9029 office fred.tarver@ncdenr.gov Division of Water Resources 1611 Mail Service Center Raleigh NC 27699-1611 Email correspondence to & from this address is subject to the N.C. Public Records Law & may be disclosed to third parties! From: Kulpa, Sarah [mailto:Sarah.Kulpa@hdrinc.com] Sent: Tuesday, August 07, 2018 12:51 PM To: Barnett, Kevin <kevin.barnett@ncdenr.gov>; Goudreau, Chris J. <chris.goudreau@ncwildlife.org>; Tarver, Fred <fred.tarver@ncdenr.gov>; bryan_tompkins@fws.gov Cc: steve.johnson@duke-energy.com; Jeff rey.lineberger@duke-energy.com; Phil.Fragapane@duke-energy.com; brad.keaton@duke-energy.com; lynne.dunn@duke-energy.com; Banta, Tim <Tim.Banta@hdrinc.com>; Mularski, Eric <Eric.Mularski@hdrinc.com> Subject: [External] Duke Energy — Cedar Cliff Development Auxiliary Spillway Upgrade, Updated Drawdown Plan and Draft Environmental Report to FERC Report Spam. Good Afternoon: On behalf of Steve Johnson of Duke Energy, attached for your review and comment please find a draft Environmental Report to FERC for the upcoming scheduled auxiliary spillway upgrade at the Cedar Cliff Development of the East Fork G-5 Hydroelectric Project (Tuckasegee River, Jackson County, NC). The report summarizes consultation, permits and approvals to date for this project and is intended to facilitate FERC environmental staff's review of the proposed modifications to the Cedar Cliff Development, as well as Duke Energy's request for approval for a temporary license variance for the Cedar Cliff Lake drawdown scheduled for 2019-2020. Please note that Duke Energy previously consulted with your organizations regarding the Cedar Cliff Lake Drawdown Plan, which is included as Appendix E of the attached draft Environmental Report. The Drawdown Plan has been updated to reflect the current schedule, as well as to address and incorporate comments received by Duke Energy in early 2017. Duke Energy plans to file the Environmental Report with FERC in early fall and respectfully requests submittal of any comments on the enclosed within 30 days of the date of this transmittal. Should you have any questions or need any additional information, please contact Steve Johnson. Due to the large file size of the attachment (13 MB), please reply to confirm you received this email and the attachment. On behalf of Duke Energy, thank you for your participation in this process and attention to this project. Sarah Kulpa Senior Regulatory Specialist, Hydropower Services HDR 440 S. Church Street, Suite 900 Charlotte, NC 28202-2075 D 704.248.3620 M 315.415.8703 sarah.kulpa@hdrinc.com hdrinc.com/follow-us G-6 Kulpa, Sarah From: Goudreau, Chris J. <chris.goudreau@ncwildlife.org> Sent: Tuesday, August 14, 2018 8:46 AM To: Kulpa, Sarah; Barnett, Kevin; Tarver, Fred; bryan_tompkins@fws.gov Cc: stevejohnson@duke-energy.com Subject: RE: [External] Duke Energy — Cedar Cliff Development Auxiliary Spillway Upgrade, Updated Drawdown Plan and Draft Environmental Report to FERC Follow Up Flag: Follow up Flag Status: Flagged Sarah, NCWRC staff have reviewed the document and have no further comment on the environmental report. Chris Goudreau Hydropower & Special Projects Coordinator Habitat Conservation Division NC Wildlife Resources Commission 645 Fish Hatchery Road Marion, NC 28752 office: 828-803-6045 mobile: 828-606-3977 chris.aoudreauancwildlife.ora ncwildlife.org a1] 10 El From: Kulpa, Sarah <Sarah.Kulpa@hdrinc.com> Sent: Tuesday, August 07, 2018 12:51 PM To: Barnett, Kevin <kevin.barnett@ncdenr.gov>; Goudreau, Chris J. <chris.goudreau@ncwildlife.org>; Tarver, Fred <fred.tarver@ncdenr.gov>; bryan_tompkins@fws.gov Cc: steve.johnson@duke-energy.com; Jeff rey.lineberger@duke-energy.com; Phil.Fragapane@duke-energy.com; brad.keaton@duke-energy.com; lynne.dunn@duke-energy.com; Banta, Tim <Tim.Banta@hdrinc.com>; Mularski, Eric <Eric.Mularski@hdrinc.com> Subject: [External] Duke Energy — Cedar Cliff Development Auxiliary Spillway Upgrade, Updated Drawdown Plan and Draft Environmental Report to FERC Good Afternoon: On behalf of Steve Johnson of Duke Energy, attached for your review and comment please find a draft Environmental Report to FERC for the upcoming scheduled auxiliary spillway upgrade at the Cedar Cliff Development of the East Fork Hydroelectric Project (Tuckasegee River, Jackson County, NC). The report summarizes consultation, permits and approvals to date for this project and is intended to facilitate FERC environmental staff's review of the proposed G-7 modifications to the Cedar Cliff Development, as well as Duke Energy's request for approval for a temporary license variance for the Cedar Cliff Lake drawdown scheduled for 2019-2020. Please note that Duke Energy previously consulted with your organizations regarding the Cedar Cliff Lake Drawdown Plan, which is included as Appendix E of the attached draft Environmental Report. The Drawdown Plan has been updated to reflect the current schedule, as well as to address and incorporate comments received by Duke Energy in early 2017. Duke Energy plans to file the Environmental Report with FERC in early fall and respectfully requests submittal of any comments on the enclosed within 30 days of the date of this transmittal. Should you have any questions or need any additional information, please contact Steve Johnson. Due to the large file size of the attachment (13 MB), please reply to confirm you received this email and the attachment. On behalf of Duke Energy, thank you for your participation in this process and attention to this project. Sarah Kulpa Senior Regulatory Specialist, Hydropower Services HDR 440 S. Church Street, Suite 900 Charlotte, NC 28202-2075 D 704.248.3620 M 315.415.8703 sarah.kulpa@hdrinc.com hdrinc.com/follow-us Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. G-8 Yayac, Maggie From: Kulpa, Sarah Sent: Tuesday, August 7, 2018 12:50 PM To: 'kevin.barnett@ncdenr.gov'; 'chris.goudreau@ncwildlife.org'; 'fred.tarver@ncdenr.gov'; 'bryan_tompkins@fws.gov' Cc: steve johnson@duke-energy.com'; 'Jeffrey.lineberger@duke-energy.com'; 'Phil.Fragapane@duke-energy.com'; 'brad.keaton@duke-energy.com'; 'lynne.dunn@duke-energy.com'; Banta, Tim; Mularski, Eric Subject: Duke Energy — Cedar Cliff Development Auxiliary Spillway Upgrade, Updated Drawdown Plan and Draft Environmental Report to FERC Attachments: Cedar Cliff Environmental Repo rt_Draft_08072018.pdf Good Afternoon: On behalf of Steve Johnson of Duke Energy, attached for your review and comment please find a draft Environmental Report to FERC for the upcoming scheduled auxiliary spillway upgrade at the Cedar Cliff Development of the East Fork Hydroelectric Project (Tuckasegee River, Jackson County, NC). The report summarizes consultation, permits and approvals to date for this project and is intended to facilitate FERC environmental staff's review of the proposed modifications to the Cedar Cliff Development, as well as Duke Energy's request for approval for a temporary license variance for the Cedar Cliff Lake drawdown scheduled for 2019-2020. Please note that Duke Energy previously consulted with your organizations regarding the Cedar Cliff Lake Drawdown Plan, which is included as Appendix E of the attached draft Environmental Report. The Drawdown Plan has been updated to reflect the current schedule, as well as to address and incorporate comments received by Duke Energy in early 2017. Duke Energy plans to file the Environmental Report with FERC in early fall and respectfully requests submittal of any comments on the enclosed within 30 days of the date of this transmittal. Should you have any questions or need any additional information, please contact Steve Johnson. Due to the large file size of the attachment (13 MB), please reply to confirm you received this email and the attachment. On behalf of Duke Energy, thank you for your participation in this process and attention to this project. Sarah Kulpa Senior Regulatory Specialist, Hydropower Services HDR 440 S. Church Street, Suite 900 Charlotte, NC 28202-2075 D 704.248.3620 M 315.415.8703 sarah.kulpa@hdrinc.com hdrinc.com/follow-us G-9 (> DUKE ENERGY August 7, 2018 Via electronic mail Mr. Kevin Barnett NC Division of Water Resources 2090 U.S. 70 Highway Swannanoa, NC 28778 Mr. Fred Tarver NC Division of Water Resources 1611 Mail Service Center WATER STRATEGY, HYDRO LICENSING AND LAKE SERVICES Duke Energy Corporation 526 South Church Street Charlotte, NC 28202 Mr. Chris Goudreau NC Wildlife Resources Commission 645 Fish Hatchery Road Marion, NC 28752 Mr. Bryan Tompkins Asheville Field Office U.S. Fish and Wildlife Service Raleigh, NC 27699-1611 160 Zillicoa Street Asheville, North Carolina 28801 Subject: East Fork Hydroelectric Project (FERC No. 2698) Cedar Cliff Hydroelectric Development Auxiliary Spillway Upgrade Updated Drawdown Plan and Draft Environmental Report to FERC Dear Messrs. Barnett, Tarver, Goudreau and Tompkins: Duke Energy Carolinas, LLC (Duke Energy) herein provides the enclosed information for your review and comment on the upcoming scheduled auxiliary spillway upgrade at the Cedar Cliff Hydroelectric Development of the East Fork Hydroelectric Project (Project). The Cedar Cliff Development is located on the East Fork of the Tuckasegee River in Jackson County, North Carolina. The Cedar Cliff Development is the most downstream of the three developments in the Project. The Bear Creek Development is immediately upstream of Cedar Cliff and the Tennessee Creek Development is immediately upstream of the Bear Creek Development. As you have already been made aware, the proposed drawdown is necessary to complete modifications of the Cedar Cliff Dam and associated auxiliary spillway as required by the Federal Energy Regulatory Commission (FERC) Atlanta Regional Office (ARO) to satisfy safe passage of the Inflow Design Flood (IDF), which is defined as the Probable Maximum Flood (PMF), without overtopping Cedar Cliff Dam. In order to complete the aforementioned work, Cedar Cliff Lake will need to be drawn down approximately 30 feet for the duration of construction (anticipated to be approximately 17 months), planned for July 2019 through December 2020. Duke Energy has previously consulted with your respective agencies regarding potential impacts of the planned construction and reservoir drawdown activities on existing resources, through the following primary activities: • Application process for Section 404/Section 10 permit from the U.S. Army Corps of Engineers and a Section 401 Water Quality Certification from the North Carolina Department of Environmental Quality, Division of Water Resources (NCDWR), including informal consultation G-10 East Fork Hydroelectric Project (P-2698) Cedar Cliff Hydroelectric Development Auxiliary Spillway Upgrade Updated Drawdown Plan and Draft Environmental Report to FERC August 7, 2018 Page 2 with the U.S. Fish and Wildlife Service (USFWS) pursuant to Section 7 of the Endangered Species Act. • Development of a drawdown plan for Cedar Cliff Lake (see discussion below). An initial draft Cedar Cliff Lake Drawdown Plan was distributed by Duke Energy to this group for review on December 15, 2016. Comments were subsequently received from NCDWR, USFWS, and the North Carolina Wildlife Resources Commission (NCWRC). The drawdown plan has been revised by Duke Energy to (1) incorporate and address comments from agency review, (2) incorporate relevant measures from the comprehensive drawdown plan developed for the East Fork Hydroelectric Project for reservoir drawdowns scheduled for late 2018, and (3) reflect the updated schedule for construction of the auxiliary spillway upgrade. The updated Cedar Cliff Lake Drawdown Plan is now being made part of a larger filing to FERC, scheduled for early this fall. This filing will include Duke Energy's request for approval for a temporary variance from License Article 401 Reservoir Level Management for the Cedar Cliff Lake drawdown necessary to complete the auxiliary spillway upgrade. The filing will also include an Environmental Report to facilitate FERC staff's (1) review of environmental effects associated with Duke Energy's plans for the auxiliary spillway modifications; (2) evaluation of compliance with requirements of the existing FERC License and associated plans and water quality certification, as well as the Tuckasegee Cooperative Stakeholder Team Settlement Agreement, as applicable, throughout the construction period; and (3) determination of the appropriate process for amending the East Fork Project's license or license exhibits to reflect the modifications to Cedar Cliff Dam. Duke Energy is now distributing a draft copy of the Environmental Report, including the updated Cedar Cliff Lake Drawdown Plan as described above, for a courtesy agency review. Please note that the Environmental Report is a "repackaging" of permitting and consultation activities to date and does not include any new substantive information relevant to potential impacts or proposed protection, mitigation, or enhancement measures. Duke Energy respectfully requests submittal of any comments on the enclosed information within 30 days of the date of this letter. Subsequently, Duke Energy will address any comments received and submit the final Environmental Report for the Cedar Cliff Auxiliary Spillway Upgrade, including the Cedar Cliff Lake Drawdown Plan, to FERC, along with a request for approval of the temporary reservoir level variance in 2019-2020. If you have any questions about the enclosed information, please contact me at (704) 382-4240 or Steve.Johnson@Duke-Energy.com. Sincerely, xp� — - — Steven R. Johnson Water Strategy & Hydro Licensing Duke Energy Carolinas, LLC G-11 East Fork Hydroelectric Project (P-2698) Cedar Cliff Hydroelectric Development Auxiliary Spillway Upgrade Updated Drawdown Plan and Draft Environmental Report to FERC August 7, 2018 Page 3 Enclosure: Draft Cedar Cliff Environmental Report cc w/enclosure: Jeff Lineberger, Duke Energy Phil Fragapane, Duke Energy Brad Keaton, Duke Energy Lynne Dunn, Duke Energy Tim Banta, HDR Eric Mularski, HDR Sarah Kulpa, HDR G-12