HomeMy WebLinkAbout20090984 Ver 1_401 Application_20090909p9-0984
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7- Corps action ID no.
o Y DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information &PA
1. Processing
1 a. Type(s) of approval sought from the
Corps: x Section 404 Permit x Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 30
1c. Has the NWP or GP number been verified by the Corps? ? Yes x No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
Yes ? No For the record only for Corps Permit:
? Yes No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes X No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes X No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes x No
2. Project Information
2a. Name of project: Rocky Branch boat ramp _
2b. County: Macon 0
2c. Nearest municipality / town: Aquone
2d. Subdivision name: n/a
2e. NCDOT only, T.I.P. or state
project no: n/a MR-WATER QUALITY
WETLIMS AND STATER BRANCH
3. Owner Information
3a. Name(s) on Recorded Deed: Duke Energy
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable): Joseph W. Carriker
3d. Street address: PO Box 1006
3e. City, state, zip: Charlotte, NC 28201-1006
3f. Telephone no.: 704-382-8849
3g. Fax no.:
3h. Email address:
Page 1 of 10
PCN Form - Version 1.3 December 10, 2008 Version
' ? .a
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name: John Macemore
4c. Business name
(if applicable): NC Wildlife Resources Commision
4d. Street address: 20830 Great Smoky Mt. Expy.
4e. City, state, zip: Waynesville, NC 28786
4f. Telephone no.: 828-452-0422 Ext: 28
4g. Fax no.: 828-452-2307
4h. Email address: John.macemore@ncwildlife.org
5. Agent/Consultant Information (if applicable)
5a. Name: John Macemore
5b. Business name
(if applicable): NC Wildlife Resources Commission
5c. Street address: 20830 Great Smoky Mountains Expressway
5d. City, state, zip: Waynesville, NC 28786
5e. Telephone no.: 828/452-0422 x28
5f. Fax no.: 828/452-2307
5g. Email address: John.macemore@ncwildlife.org
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel iD):
Latitude: 35.105435 Longitude: 83.392421
1 b. Site coordinates (in decimal degrees): (DD.DDDDDD) (-DD.DDDDDD)
Property size:
1 c 3 acres
.
Surface Waters
2
.
2a. Name of nearest body of water (stream, river, etc.) to Nantahala Lake
proposed project:
2b. Water Quality Classification of nearest receiving water:
River basin: 1..? .? e.N0e)uzC.e-
2c
.
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Property is a public use boat ramp with residential and near US Forest Service property.
3b. List the total estimated acreage of all existing wetlands on the property:
0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
350 ft.
3d. Explain the purpose of the proposed project:
To provide a public boat ramp that is universally accessible because of increased use.
3e. Describe the overall project in detail, including the type of equipment to be used:
Construct a second concrete ramp 120 ft. long by 15 ft. wide. Will use a motor grader to level gravel surface, hand tools
used in concrete work and a tractor with front end loader to place rip rap along edge of completed ramp.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ? Yes ? No x Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Renovation in 2002 to remove old ramp replaced with new one and added a floating dock.
6. Future Project Plans
6a. Is this a phased project? ®Yes No
6b. If yes, explain.
Ongoing upgrades Duke and NCWRC plan to pave the parking lot put in a restroom and an ADA fishing pier in the next
five years or so.
Page 3 of 10
PCN Form -Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands Streams - tributaries ? Buffers
® Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
? Yes ? Corps
W1 ? P ? T ? No ? DWQ
? Yes ? Corps
W2 ? P ? T ? No ? DWQ
? Yes ? Corps
W3 ? P ? T ? No ? DWQ
? Yes ? Corps
W4 ? P ? T ? No ? DWQ
? Yes ? Corps
W5 ? P ? T ? No ? DWQ
W6 ? P ? T ? Yes
? No ? Corps
? DWQ
2g. Total wetland impacts 0
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 x P ? T Fill (temp.
dewater) French Broad
River x PER
? INT x Corps
? DWQ
90
25(35)
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PEI? ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 25(35)
3i. Comments: Impact from excavation and pouring of concrete footers in river bank and for temporary dewater structures, if
necessary. 4 wooden support piles will protrude from each footer to support decking (Fig. 2, Fig. 3 -sheets 1-6). Rip rap may
be placed on bank behind footer location if vegetation does not provide sufficient stability.
Page 4 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary
01 ®P ? T Nantahala Lake Concrete ramp and rip rap Lake 1/6
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts 1/6
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ?Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
B1 ?P?T ?Yes
? No
B2 ? P ? T ? Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fence will be used as necessary until stabilization by vegetation is achieved. Rip rap may be placed on lake bank if
vegetation does not provide sufficient stability. Removal of large trees on lake bank will be avoided; only herbaceous plant
clearing should be necessary.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes x No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank
? Payment to in-lieu fee program
? Permittee Responsible Mitigation
Using a Mitigation Bank
3. Complete
E
3a. Name of MBank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes x No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 0.02%
2b. Does this project require a Stormwater Management Plan? ? Yes x No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Area not subject to stormwater
programs. A 10' x 38' concrete apron will only add minor amount of imperviousness to area.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Macon County
? Phase II
? NSW
3b. Which of the following locally-implemented stormwater management programs ? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
? Yes ? No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 8 of 10
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the x Yes ? No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes x No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes x No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes x No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation (s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes x No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility-
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
[I Yes x No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
x Yes Sent copy of applic
? No
impacts.
.
? Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
x Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Natural Heritage Program
Page 9 of 10
PCN Form - Version 1.3 December 10, 2008 Version
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes x No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
Yes ® No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
John Macemore J
Pro 9/10/09
Applicant/Agent's Printed Name `7 Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is rovided) Date
Page 10 of 10
Duke
Energy.
August 19, 2009
John Macemore, Boating Tech. Supervisor, Mt. Region
North Carolina Wildlife Resources Commission
20830 Great Smokey Mt. Expy.
Waynesville, NC 28786
Subject: Agent Authorization for Rocky Branch Access Area at
Lake Nantahala in Macon County North Carolina
Nantahala Hydro Project - FERC No. 2692
Dear John,
Hydro Strategy, Licensing and Lake Services
Recreation Planning and Design
Duke Energy Carolinas, LLC
526 South Church St
Charlotte, NC 28202
Mailing Address:
EC12Q
PO Box 1006
Charlotte NC 28201-1006
This letter is provided to serve as the "Agent Authorization Letter" to provide the NCWRC signature
authority for the owner/applicant, that being Duke Energy Carolinas, LLC, for upgrade work proposed at
Rocky Branch Access Area. The work includes the addition of a second boat ramp and repair of the lower
part of the existing boat ramp, if needed. This work is proposed to occur while Lake Nantahala is pulled
down for Hydro Operations purposes later this year. The improvements will benefit boat launching
capabilities for the general public. It is understood this work will take place after all the permits are
acquired.
This authority is granted to assist the NCWRC in acquisition of necessary permits to satisfy Section 404
and/or Section 10 Nationwide, Regional and General Permits, Section 401 general Water Quality
Certifications, and Riparian Buffer and Watershed Buffer Rules.
Please keep Duke Energy informed with the progress of this project. Call me a 704-382-8849 if you have
any questions. All future correspondence on this subject should be addressed to:
Joseph W. Carriker, Project Manager
Duke Energy
Hydro Strategy, Licensing and Lake Services
Recreation Planning and Design - EC 12Q
PO Box 1006
Charlotte, NC 28201-1006
Sincerely,
?,V, &a-,)
Joseph W. Carriker, Project Manager
Duke Energy Hydro Strategy, Licensing and Lake Services
cc: Scott Jolley, Steadman Sugg and Travis Sinclair
www.duke-energy.com
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FW: NC E-Pay Remittance Advice
FW: NC E-Pay Remittance Advice
SVC_DENR.ooc.cash
Sent: Tuesday, September 15, 2009 7:23 AM
To: Dennison, Laurie
Page 1 of 1
09-0984
I believe this is yours. I will deposit to 1602 435100095 2341.
Theresa
-----Original Message-----
From: OSC.nc.payment@osc.nc.gov [mailto:OSC_.nc_payr?ent@osc._nc.9o_v]
Sent: Tuesday, September 15, 2009 2:05 AM
Subject: NC E-Pay Remittance Advice
TO:
DEPT OF ENVIRONMENT & NATURAL
RESOURCES CONTROLLERS OFFICE
1606 MAIL SERVICE CENTER
RALEIGH NC 27699-160
RE:
Direct Deposit Notification
A transfer has been created in CMCS for the amount of $240.00
for payment number 17PT0000039447. It is your office's responsibility to
confirm that this transfer has been passed and submitted in CMCS.
These funds were paid by the following agency:
WILDLIFE RESOURCES COMMISSION
CONTROLLER'S OFFICE
TRADE ACCOUNTS PAYABLE
1751 VARSITY DR RALEIGH, NC 27606-2576
Agency Contact Phone: 919-707-0090
Please direct all questions regarding this payment/transfer to the
agency contact phone number listed directly above. This agency
maintains information regarding your payment records. Any questions
concerning payment amount and invoice information/documentation
should be directed to the agency's Accounts Payable office and they
will be happy to assist you with your inquiries
PLEASE DO NOT REPLY TO THIS EMAIL.
CONTACT THE PAYING AGENCY AT THE NUMBER LISTED ABOVE.
Invoice Number Inv Date Invoice Amount Discount Amount Net Amount
ROCKYBRNCH091109 09/11/09 $240.00 $00.00 $240.00
401 CERT. FOR ROCKY BRANCH BAA, NCWRC
TOTAL: $240.00
This notification was sent from the North Carolina Office of the State Controller.
If this notification has been sent in error, please contac t the agency
listed above to make corrections.
E-mail correspondence to and from this address may be subject to the North Carolina
Public Records Law and may be disclosed to third parties by an authorized state
official.
https://mail.nc.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAACChSeOTRSCT5TN0706x... 9/15/2009