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Home My WebLink About20160742 Ver 2_USACE Permit_20190621Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 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: June 21, 2019 On April 25, 2017, the Department of the Army issued a permit to Duke Energy for the Cedar Cliff Auxiliary Spillway Upgrades Project in Tuckasegee, Jackson County, North Carolina. A written request for permit modifications was received on May 16, 2019. This request involves 1) water quality monitoring; 2) revision of Special Condition 20.0 regarding required depth of turbidity barriers; and 3) authorization for additional impacts for additional improvements to the Cedar Cliff public access boat ramp and construction of a temporary barge access road. The subsurface investigation report of the auxiliary spillway area indicated the presence of pyrite material in rock core samples. Duke Energy initiated an assessment of exposing this material to natural weathering, disposal of the rock spoils in the lake, and its effects on water quality. These findings were discussed- during a meeting with the Corps, NC Division of Water Resources (DWR), US Fish and Wildlife Service (FWS), and NC Wildlife Resources Commission (WRC) in February 2018. At the recommendation of the agencies, a water quality monitoring plan was developed to gather water quality data from pre -construction thorough construction and post -construction in order to assess and ensure that placement of rock spoils in the reservoir and the newly exposed rock face in the auxiliary spillway would not adversely affect water quality. The enclosed Water Quality Monitoring Plan is a special condition the Department of Army's issued permit with the following additional requirements: 1. Water quality monitoring will continue post construction for a period of 36 months. 2. The permittee will submit an annual summary report of the monitoring data with discussion of the findings and results to the agencies (Corps, DWR, FES, and WRC) in December of each year. The first annual report is to be submitted in 2019 and the last report is to be submitted 42 months after construction activities end. -2- 3. The agencies will review the annual and final reports to determine if additional monitoring requirements and/or remedial or corrective measures need to be implemented. Special Condition 20.0 of the issued permit regarding Turbidity Barriers is revised as follows: "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." An additional temporary barge access road is proposed at the existing North Carolina Wildlife Resources Commission's Cedar Cliff public access area. This includes additional public access improvements. The permit is modified to include the impacts for the temporary barge access and additional public access improvements, as shown on the enclosed plans. These impacts consist of 1.4 acres of temporary impacts to open waters, 0.73 acres of permanent impacts to open waters, and 45 linear feet of temporary impacts to streams. The permit is hereby modified to include the work as noted above. It is understood that all conditions of the original permit remain applicable and that the expiration date is unchanged. FOR THE COMANDER — \ 5&� Scott Jones, PW Chief Asheville/Charlotte Regulatory Field Offices Enclosures cc (with enclosures): NOAA/National Ocean Service 1315 East -west Hwy., Rm 7316 Silver Spring, Maryland 20910-3282 Mr. Bryan Thompkins U.S. Fish and Wildlife Service 160 Zillicoa Street Asheville, North Carolina 28801 -3 - Dr. Ken Riley National Marine Fisheries Service Habitat Conservation Division 101 Pivers Island Road Beaufort, North Carolina 28516 Mr, Todd Bowers Wetlands Protection Section — Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Doug Huggett Division of Coastal Management N.C. Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557 Dr. Pace Wilber National Marine Fisheries Service 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Eric Mularski HDR 440 S. Church Street Charlotte, North Carolina 28202 cc (via Email): NC DENR - Division of Water Resources NC WRC