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Group Environment
July 30, 2001 Prepared
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Table
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| SMP Review and Implementation Process | |
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Consultation Process
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Submittal of Final SMP
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SMP Implementation Process
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Consultation was conducted throughout the development of the Final SMP Update. As described in Section 2, the fish and wildlife resource agencies commented on the methodologies and participated in the SWFHS and continue to participate in the development of habitat management strategies as a result of the Woody Debris Study. The fish and wildlife agencies were also consulted on the status of threatened and endangered species and habitats. The Recreation Use and Needs Study methodology was distributed to state and federal agencies, lake service providers, local governments, non-governmental organizations, and lake associations. Three interim reports of the Recreation Use and Needs Study were distributed for review on April 29, July 30, and November 29, 1999. The North Carolina and South Carolina SHPOs provided access to inventory site files for completion of the archaeological and historical inventory. Comments on the Draft SMP were invited for a 40-day period, beginning September 22, 2000. Comments were provided by resource management agencies, marine commissions, counties, environmental organizations, and individuals. Comments were received either through letters or contacts to the SMP website. Duke Power’s responses to comments received are included as Appendix I. All comments that were submitted prior to July 16, 2001 were accepted, including those that were received well after the close of the comment period.
The following 69 entities were provided specific notification of the availability of the Draft SMP available on the Internet either as a result of being resource management agencies or participants identified to participate in the Focus Group meetings:
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North Carolina Clearing House Alexander County Keshaw County McDowell County City of Davidson City of Cornelius Lancaster County Lincoln County Fairfield County Alexander County Gaston County York County City of Hickory Chester County City of Mooresville City of Tega Cay Caldwell County City of Belmont City of Cramerton Westport Dry Storage & Marina Western Piedmont COG Wateree State Park Wateree Homeowners Assn.(WHOA) USA Waterski US Fish & Wildlife Service (SC) US Fish & Wildlife Service (NC) US Coast Guard Auxiliary US Army Corps of Engineers (NC) Sierra Club SC Wildlife Federation SC State Historic Preservation Office SC Parks, Recreation & Tourism SC Dept. Natural Resources SC Dept. Health & Environmental Control |
The following 66 resource management agencies, cities, counties, marine commissions and the WHOA were mailed a copy(s) of the Final SMP Update on CD at the time of filing:
| FEDERAL US Fish and Wildlife Service (NC) US Army Corps of Engineers (NC) STATE SC Department of Natural Resources (7) NC Clearing House SC State Historic Preservation Officer SC Department of Health and Env. Control (3) NC State Historic Preservation Officer NCDENR-Land Quality (2) COUNTY Chester Co. Recreation Dept. Iredell Co. Planning (2) Gaston Co. Dept. of Planning and Code Enforcement Gaston Co. Parks and Recreation McDowell Co. Recreation Lancaster Co. Recreation Fairfield Co. Recreation Lincoln Co. Recreation Mecklenburg Co. Dept. of Envir. Protection Mecklenburg Co. Eng. and Building Standard Dept. Catawba Co. Parks and Recreation Alexander Co. Parks and Recreation Burke Co. Parks and Recreation Kershaw Co. Recreation York Co. Recreation CITY Charlotte Gastonia Rock Hill Camden York Lenoir Hickory Lugoff Morganton Belmont OTHER Wateree Homeowner's Association (WHOA) (2) Mountain Island Lake Marine Commission Lake Wylie Marine Commission Lake Norman Marine Commission |
US Fish and Wildlife Service (SC) US Army Corps of Engineers (SC) NCDENR-Parks and Recreation (2) SC Parks, Recreation and Tourism NCDENR-Div. of Water Quality (4) NC Wildlife Resources Comm. (4) Chester Co. Planning Dept. Iredell Co. Recreation Caldwell Co. Planning and Dev. (2) McDowell Co. Planning and Zoning Lancaster Co. Planning and Zoning Fairfield Co. Planning and Zoning Lincoln Co. Planning and Zoning Mecklenburg Co. Parks and Rec. Catawba Co. Planning and Zoning (2) Alexander Co. Planning and Dev. Burke Co. Planning (2) Kershaw Co. Planning York Co. Planning and Zoning Granite Falls Mooresville Davidson Cornelius Sawmills Statesville Mt. Holly Lancaster Tega Cay Cramerton |
SWFHS and SMP Mapping revisions and Draft SMP
Fall 1996-Spring 1997
Several meetings were held with representatives from the NCWRC and SCDNR to cooperatively develop the shallow water fish habitat classifications and to observe these habitats in the field.
Summer 1997
On June 24, 1997, representatives from Duke Power and WHOA representatives from Fairfield and Kershaw Counties met to discuss the Structure Renovation Program and the status of the SMP. On September 18, 1997, representatives from Duke Power made a presentation to representatives of WHOA regarding the Structure Renovation Program, Shoreline Management Guidelines and the development of the SMP.
Spring-early Summer 1998
Evaluated shallow water fish habitat classifications that were surveyed by Duke Power’s environmental consultant (Canal Environmental Services) with input in the field from NCWRC and SCDNR.
Early Spring – Fall 1998
A total of six meetings were held with representatives from Duke Power, USFWS, NCWRC and SCDNR to finalize the Lake Use Restrictions associated with the SMP environmental classifications. September 17, 1998, Duke Power and representatives from the Western Piedmont Council of Governments (WPCOG), the City of Hickory, and Burke and McDowell Counties met to review the proposed revisions to the SMP maps.
On September 22, 1998, Duke Power met with representatives from the Mountain Island Lake and Lake Wylie Marine Commissions and the Catawba Riverkeeper to review on-site the SMP mapping revisions. A presentation was made to the full Mountain Island Lake Marine Commission at their September 1998 regular meeting. On September 24, 1998, Duke Power met with representatives from the Lake Norman Marine Commission to review the SMP mapping revisions.
On August 26, 1998, Duke Power provided revised SMP maps to 44 agencies for review and comments. An additional 6 municipalities and the NC Clearinghouse, that were inadvertently omitted from the original filing, were also provided the SMP mapping information for review and comments. Comments were received from the USFWS, NCWRC, NCDENR, SCDNR, Iredell, Burke and Catawba Counties, the City of Hickory and the Mountain Island Lake, Lake Norman and Lake Wylie Marine Commissions. Comments from these agencies were addressed in a supplemental SMP filing with the Commission on November 18, 1998. Duke Power filed with the Commission the two separate mapping projects (SWFHS and SMP revisions) as one filing. The SMP mapping revisions were provided to 48 agencies for review and comment.
Fall 1998
Duke Power met with NCWRC to develop a proposal to study the importance of woody debris as shallow water fish habitat.
Winter 1998
An additional meeting between Duke Power, NCWRC, USFWS and SCDNR was conducted to finalize the Lake Use Restrictions associated with the Impact Minimization Zone (IMZ) SMP classification.
Spring 1999-Fall 2000
Implemented a Woody Debris Study with field assistance from NCWRC and SCDNR.
Spring 1999
Duke Power made a presentation on May 26, 1999, regarding the development of the SMP and the status of the SMP mapping revisions, to the Bi-State Catawba River Task Force at their quarterly meeting.
Duke Power provided information regarding an amendment to the original and supplemental filings of the SMP mapping revisions to the 51 identified SMP resource agencies. Duke Power submitted the amendment to the Commission on May 27, 1999.
Summer 1999
On July 15, 1999, Duke Power representatives made a presentation to representatives of WHOA regarding the Shoreline Management Guidelines and the status of the SMP.
Fall 1999
Duke Power met with representatives from the Centralina Council of Governments (CCOG), WPCOG, the 3 marine commissions and the Catawba Riverkeeper to review the previous SMP mapping revisions, the upcoming proposed SMP filing, and relicensing.
Spring 2000
Duke Power made a presentation on February 29, 2000, to representatives of the NCWRC regarding the development of the SMP and the status of the SMP mapping revisions.
Early Summer 2000
Duke Power sponsored a Focus Group meeting on May 30, 2000, to review the draft SMP filing. The Focus Group was available to a representative group of 50+ lake stakeholders (see Appendix J for a complete list of participants).
Duke Power made separate presentations to the Mountain Island Lake, Lake Wylie and Lake Norman Marine Commissions on June 7th, 20th and 26th regarding preparation of the full draft SMP filing in the Fall.
Fall 2000
A second Focus Group to receive input and comments on the draft SMP was conducted, using the previously identified lake stakeholders, on October 6, 2000 (see Appendix J for a complete list of all participants of the October 6th meeting.)
Fall 2000-Present
Presented the final results of the Woody Debris Study to the wildlife resource management agencies in both North and South Carolina. Met February 14, 2001, with representatives from NCWRC, SCDNR and USFWS(SC) to review the study results and continue the consultation process. July 17, 2001 met with representatives from NCWRC to continue the consultation process. Similar meetings will be conducted, as necessary, with all the wildlife resource management agencies involved in the study throughout the summer and fall. Final results of the consultation will be filed with the Commission in a supplemental filing on or before October 31, 2001.
Terrestrial, Rare and Endangered Species
A series of field investigations and planning initiatives were conducted in NC and SC to identify important natural, cultural and recreational resources of the Catawba River. Although the initiatives were conducted in association with the development of the SMP, the Catawba River Corridor Plan, developed in 1994 from a community based planning process fostered by SCDNR also served as impetus for these initiatives. Because there is little-to-no potential for terrestrial resources within the project boundary, these initiatives focused on terrestrial resources along the entire length of the Catawba River, including lands along the free-flowing sections of the river (which are outside the FERC project boundary). In many cases, detailed investigation could not be performed because of limited access to private property. Helicopter surveys allowed identification of areas with greatest potential for unique or rare resources. NC and SC Natural Heritage databases were searched to determine known rare species locations.
While no issues have been raised to date regarding the impact of project operations on terrestrial resources, these initiatives illustrate Duke Power’s continuing efforts to cooperate with resource agencies to monitor potential natural resource issues.
NORTH CAROLINA
February 1997
Helicopter flight over the Catawba River to evaluate wildlife habitat, special habitat areas, including potential bog turtle habitats. Participants included representatives from Duke Power and NCWRC
April 1997
Duke Power scientists met with NCWRC to discuss rare and endangered species adjacent to the Catawba-Wateree Project. NCWRC provided Duke Power a list of rare and endangered species in the Catawba Basin derived from the Natural Heritage database.
November 1997
In a routine meeting of the NC Planning Framework that included Duke Power and NCWRC. NCWRC indicated that the bald eagle population was expanding.
July 1998
Duke Power and NCWRC and personnel from the enforcement division of NCWRC conducted a helicopter flight over a heron rookery located on an island on Lake Norman. Duke Power and NCWRC personnel also held a planning and protection meeting to discuss management of the island.
October 1999
Resource experts from Duke Power, NCWRC, and NCDENR met to begin the process of developing the Catawba River Basin Natural Resource Plan. Included in this group were representatives from NCDENR – Natural Heritage Program, NCWRC, NCDENR-Division of Parks and Recreation, and Duke Power. Input was provided for the Catawba River basin regarding habitat concerns and protected, endangered, threatened, or special concern (PETS) species.
July 2000
The input from the ongoing basin planning consultation was placed into a draft of the Catawba River Basin Natural Resource Plan and provided for public comment. Burke, Catawba, and Lincoln Counties provided comments that they were conducting or planning to conduct natural heritage surveys in their jurisdictions.
SOUTH CAROLINA
April-May 1999
Field trips were conducted with Duke Power and SCDNR, and SC Parks, Recreation and Tourism (SCPRT) representatives to view, discuss and report on potential resources of the Wateree, Rocky Creek, Cedar Creek, Great Falls, Dearborn, and Fishing Creek Hydro Station properties and tailraces.
May 1999
Field trips were conducted with Duke Power, SCDNR, and SCPRT representatives to view and discuss potential resources of the deltas of Big and Little Wateree and Dutchman’s Creeks on Lake Wateree, Cane Creek on Fishing Creek Lake, and Crowder’s Creek and Big Allison Creek on Lake Wylie. The report from these site visits describe the natural resources of the areas.
May-June 1999
Field trips were conducted with Duke Power, SCDNR, and SCPRT representatives to visit the tailrace of Lake Wylie Hydro Station, the Nation’s Ford river crossing, River Front Park in Rock Hill, Landsford Canal State Park, the SC Highway 9 access area and several islands below the tailrace at Lake Wylie and the upper portions of Fishing Creek Lake. The visit and report focused on the natural resources of the free-flowing section of river below Lake Wylie.
June 1999
A field trip was conducted with Duke Power, SCDNR and SCPRT representatives to tour the islands and reservoir of Great Falls/Rocky Creek Lakes. The report included a description of the natural resource characteristics of these sites.
Spring-Summer 1999
Duke Power provided the financial support for an inventory, by an independent consultant, of rare, threatened, and endangered plants and significant natural areas along the free flowing portion of the Catawba River that extends below Lake Wylie to Landsford Canal State Park, the Cane Creek area on Fishing Creek Lake, and the islands on Fishing Creek, Cedar Creek and Rocky Creek Lakes. Although most of these areas are in not in the project boundary, the SC Planning Framework Team considered these areas to have the highest potential for rare species or unique natural areas on lands near the project.
Spring-Summer 2000
Duke Power provided the financial support for an inventory, by an independent consultant, of rare, threatened, and endangered plants and significant natural areas on lands of and adjacent to Landsford Canal State Park. Although this area in not in the project boundary, the SC Planning Framework Team considered this area to have a high potential for rare species or unique natural areas on lands near the project. Various tours and discussions of natural resources of the Catawba River in South Carolina were conducted with local land trusts, Council of Governments, and other agency personnel to further identify natural resources of the river.
June 2000
The first draft of the Catawba River Planning Framework was approved by the investigation team. The draft plan identifies and prioritizes rare and unique natural, cultural, and recreational resources of the river.
Cultural Resources
Spring 1997
Duke Power, in consultation with both the North Carolina and South Carolina SHPOs, began working in 1996 on development of the MOA required in the Order Approving and Modifying Shoreline Management Plan. At that time, the SHPOs and Duke Power determined that entering into a PA would be more appropriate than a MOA. In a letter dated January 15, 1997, FERC concurred with this decision and more clearly defined the scope of the agreement. In a letter dated January 22, 1997, Duke Power requested a time extension to complete the PA from February 2, 1997, to May 5, 1997. This request was granted and Duke Power filed a Draft PA with FERC on May 5, 1997.
Fall 1997
FERC forwarded the Draft PA to the North Carolina SHPO, the South Carolina SHPO and the ACHP for review and comment. On August 1, 1997, FERC directed Duke Power to address comments it received from the ACHP and the North Carolina SHPO. Duke Power provided its response to these comments on September 26, 1997, and incorporated its comments into the draft PA.
1998 – Present
Duke Power, FERC, the North Carolina SHPO and the South Carolina SHPO had numerous teleconferences and discussions regarding the PA during the period from the Fall of 1997 until the Spring of 2001. On March 29, 2001, the final signatory executed the PA and an Order was issued on April 5, 2001 Approving Programmatic Agreement. The final PA is included as Part 1 of Appendix C.
On May 24, 2001, representatives from Duke Power met with the NC SHPO in Raleigh to review the recently executed PA and model development, and discuss other procedural issues regarding implementation of the PA.
Recreation Upgrades
1996 - Present
Duke Power has been customarily discussing conceptual plans for each of the Access Area upgrades with the respective wildlife offices. Normally, several projects are compiled together and discussed five to ten times a year, either via phone conversations or scheduled meetings, with representatives from the respective wildlife offices. Federal, State and local agencies are contacted in writing during the permitting phase for all Access Area upgrades. The number of times this occurs during a particular year varies depending upon the number of proposed projects. There have historically been six to ten projects in construction at the same time over the last three years.
Recreation Use and Needs Study
On November 5, 1998, Duke Power submitted to the Commission a plan for conducting a recreation use and needs study for the Catawba-Wateree Project. Prior to that filing Duke Power consulted with the appropriate Federal, State and local agencies regarding the proposed study plan methodology. Comments were received from: Iredell County, NCDENR, Mecklenburg County, and SCPRT. In response to the public notice issued November 26, 1998, the NCWRC, USFWS (NC) and the Lake Norman Marine Commission submitted comments on the proposed study plan.
1999
The study plan called for the use of five separate survey forms to obtain data for use in evaluating the recreational use and needs of the Project. A total of 8,166 survey forms were mailed to: pier permit holders (Survey A), registered boaters and households in the counties surrounding the lakes (Survey B), Access Area and tailrace recreation users (Survey C), marina owners (Survey D) and lake management support agencies (Survey E).Three interim reports on the results of the study were filed with the appropriate Federal, State and local agencies and the Commission during the one-year study period.
Access Area Improvement Initiative (AAII)
Spring 1998 – Winter 1998
Duke Power met with representatives from the following state and local agencies, and municipalities to provide information on the AAII:
- SCPRT
- SCDNR
- NCWRC
- NCDENR Division of Parks and Recreation
- LINCOLN COUNTY
- CATAWBA COUNTY
- IREDELL COUNTY
- CALDWELL COUNTY
- MCDOWELL COUNTY
- MECKLENBURG COUNTY
- ALEXANDER COUNTY
- BURKE COUNTY
- GASTON COUNTY
- YORK COUNTY
- KERSHAW COUNTY
- LANCASTER COUNTY
- FAIRFIELD COUNTY
- CHESTER COUNTY
- LAKE NORMAN MARINE COMMISSION
- LAKE WYLIE MARINE COMMISSION
- MOUNTAIN ISLAND MARINE COMMISSION
- TOWN OF SAWMILLS
- CITY OF MOUNT HOLLY
- CITY OF BELMONT
- GREAT FALLS HOMETOWN ASSOCIATION
1999 - Present
In addition to the initial meetings, Duke Power has continued to have numerous phone conversations and meetings with these entities to promote the AAII.
To facilitate the involvement of stakeholders in the development of the SMP Update, Duke Power formed a Focus Group. The goals of Focus Group sessions were twofold: (1) to provide an opportunity for Duke Power to share information on how the SMP Update was being developed; and (2) to provide a mechanism for the Focus Group participants to provide input into the SMP Update. Duke Power developed a comprehensive list of potential stakeholders representing fish and wildlife, recreation and safety, economic development, water quality, and preservation and land use issues. Over fifty representatives of these entities (see Appendix J for a list of participants) were invited to the Focus Group session on May 30, 2000. Those attending included representatives of the U.S. Fish and Wildlife Service (NC), the NCWRC, the SCDPRT, Burke County Planning Director, the Catawba River Foundation, the Lake Wateree Homeowners’ Association (WHOA), the Catawba-Wateree Water Users Association, Mecklenburg County Environmental Protection, Charlotte-Mecklenburg Utilities Department, NCDPR, the Western Piedmont Council of Governments, Crescent Resources, and others. The Focus Group session was recorded by a court recorder and video and copies of the presentation materials were provided to those who were invited but were not able to attend. A second Focus Group session was conducted on October 6, 2000, during the draft SMP comment period. The Focus Group participants were provided the opportunity to review the draft SMP via the Internet prior to the meeting on the 6th. This second session provided an opportunity for Focus Group members to provide feedback on the draft SMP. This session was also recorded by court recorder and video taped. Copies of the draft SMP on CD were also available to participants at this meeting.
The primary means of distributing the Final SMP Update, including maps will also be via CD and the Internet. Duke Power will provide written notification to the resource agencies, Focus Group members, and the WHOA that the Final SMP Update is available for review via the Internet by accessing the Duke Power SMP website at www.dukepower.com. Duke Power will distribute approximately 90+ copies of the Final SMP Update in a CD-ROM format to representatives of the 66 identified resource management agencies, cities, counties, and the WHOA. Others may request a copy of the SMP Update or additional copies on CD for a nominal fee. Requests for hard copies of the complete Final SMP Update will be handled by providing a copy of the plan on CD from which copies can be printed. Duke will only provide hard copies of the SMP Classification Maps to the resource management agencies and the WHOA, upon request. Hard copies of the maps are available to others, for a nominal fee, through Duke’s GIS consultant. Those interested in hard copies should contact Duke Power at 1-800-443-5193 for information regarding map availability.
Duke Power submitted one original and eight hard-copies of the Final SMP Update to FERC on July 30, 2001. Copies of the Final SMP Update on CD will be provided to each of the resource agencies and the WHOA as specified in the February 1996 FERC Order. The Final SMP Update replaces the Draft SMP that was available for review via the Internet at www.dukepower.com. The website will updated with the Final SMP Update by mid-August..
5.3 SMP Implementation Process
Implementation of the SMP will involve: (1) providing a supplemental filing of the results of the Duke Power and wildlife management agency consultation regarding woody debris and habitat enchancement activities; (2) completion of recreational enhancements proposed in the SMP; (3) completion of the predictive model as stipulated in the PA in consultation with the North Carolina and South Carolina SHPOs; (4) printing and distribution of the informational materials; and (5) monitoring the effects of implementation of the SMP on shoreline development.
The supplemental filing regarding the woody debris and habitat enhancement consultation will be provided to the Commission on or before October 31, 2001.
The Final SMP Update includes a list of proposed recreational enhancements as well as a list of parcels to be leased to agencies and local governments as part of the AAII. Duke Power will commit the resources necessary to complete the proposed recreational enhancements.
Duke Power will proceed with the development of the predictive model for the protection of archaeological and historic site locations. Development of the predictive model and development of a plan and schedule for testing of the model will occur in accordance with the Cultural Resources PA.
The final version of the Riparian Zone Management Information Brochure will be available for distribution to all lake use permit applicants and other lake stakeholders on or before September 30, 2001. The Fish-Friendly Pier pamphlet is currently included in all stabilization and pier application packages mailed from Duke Power Lake Management. The Duke Power Piedmont Reservoir Shoreline Stabilization and Wetland Horticultural Guide on CD and the Access lake map book are currently available upon request to any interested party. The Catawba Currents newsletter is printed and distributed to over 14,000 subscribers on a periodic basis. Information regarding cultural resources within the basin will be developed and distributed in accordance with the terms of the Cultural Resource Programmatic Agreement.
Duke Power intends to begin utilizing the revised SMP maps (July 2001) and Classification and Lake Use Restrictions for the 2001 C-W SMP Map Revisions (Appendix G) on July 30, 2001. Complete lake use permit applications that were mailed to Duke Power and post-marked before July 30, 2001, will be processed under the 1999 SMP maps and Classification and Lake Use Restrictions for the 1998 C-W SMP Map Revisions approved by the Commission on December 1, 2000. This action is necessary to ensure that the existing environmentally valuable aquatic habitats were and remain protected by the agreed upon Lake Use Restrictions.
5.4 Additional Management Activities
Since the filing of the 1994 SMP, Duke Power has undertaken numerous management activities that support full license compliance on the Catawba-Wateree Project (FERC No. 2232). These activities include but are not limited to:
- Conducting a 1-year study to evaluate the effectiveness of the fish-friendly pier design to attract fish similar to shorelines with significant coarse woody debris.
- Submittal of the Excavation Programmatic Agreement (November 15, 1998) to ensure compliance with the license for activities not covered under the Land Use Article (Article 39). The agreement was developed in consultation with the resource agencies and assures Duke Power’s excavation permitting process complies with all applicable Federal, State, and local regulations.
- Conducting a series of Focus Group meetings (July 28, 1997, August 26, 1997, September 30, 1997, and October 14, 1997) to receive input into revisions of the Shoreline Management Guidelines from a representative group of lake stakeholders.
- Co-sponsorship with the NC Marine Trades Services, two workshops on pumpouts and proper disposal of marine wastes (March 18, 1998 and October 22, 1998). The first of these two, one-day workshops brought together pumpout vendors, NC and SC state and local agency permitting personnel involved in regulating pumpout and waste disposal and distribution of grant funding, and 27 operators of public and private marinas (see Appendix K for list of attendees) on Duke Power lakes. Attendees exchanged information and identified any obstacles for proper marine waste disposal. The second workshop included key agency personnel and consisted primarily of a review of the results of Duke Power’s draft Pumpout Study findings.
- Conducting a Pumpout Study (see Appendix L for a copy of the study) on Duke Power lakes in North and South Carolina (December 21, 1998). The study consisted of a compilation of general pumpout information, benchmark data, grant funding sources, identification of obstacles to pumpout installation and action items delegated to workshop participants.
- Co-sponsorship with the NC Marine Trades Services a workshop (see Appendix M for the workshop agenda and attendees) for commercial marina operators (March 30, 1999).
- Ensuring permitted structures are maintained in good repair and do not a pose a hazard to public safety and navigation through implementation of the Structure Renovation Program (1995-Present) (see Appendix N for a copy of the Structure Renovation Program).
- Conducting annual marina inspections for commercial marina facilities (1999-Present).