E9-11113. Duke Energy Carolinas, LLC of Gaston County, NC; Notice of Application for Amendment of License and Soliciting Comments, Motions to Intervene, and Protests

May 6, 2009.

Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:

a. Application Type: Non-Project Use of Public Lands and Waters.

b. Project No.: 2232-564.

c. Date Filed: April 1, 2009.

d. Applicant: Duke Energy Carolinas, LLC.

e. Name of Project: Catawba-Wateree Project.

f. Location: Lake Wylie, Gaston County, North Carolina.

g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.

h. Applicant Contact: Mr. Kelvin K. Reagan, Duke Energy Carolinas, Senior Lake Services Representative, P.O. Box 1006, Charlotte, NC 28201-1006, [phone].

i. FERC Contact: Jaime Blakesley, Telephone [phone], and e-mail: [e-mail].

j. Deadline for filing comments, motions to intervene, and protest: June 8, 2009. All documents (original and eight copies) should be filed with: Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426.

The Commission's Rules of Practice and Procedure require all interveners filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application.

k. Description of Request: The licensee requests Commission approval to lease to Riverside Marina, Inc. (Riverside), 2.0738 acres of project land at the Catawba-Wateree Project, for a commercial marina on Lake Wylie. The commercial marina will consist of the following facilities: Two lease areas containing four cluster docks with forty-two covered boat slips; one courtesy dock; two access ramps; one dry-dock storage building of 160,000 sq ft; and one pier used for gas dock and pump-out services. Riverside will also provide a 3,000 sq ft convenience store with forty-three parking spaces, and an existing picnic shelter. Riverside plans to stabilize 500 ft of shoreline and dredge approximately 1,600 cubic yards of lakebed material around proposed slip area. Additionally, the licensee is requesting that 1,719 linear feet of adjoining shoreline, as identified in the project's approved shoreline management plan, be re-classified from business/industrial to future commercial to support the marina. The licensee consulted with the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, and all pertinent state and local agencies.

l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street, NE., Room 2A, Washington, DC 20426, or by calling [phone]. This filing may also be viewed on the Commission's Web site at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at http://www.ferc.gov/​docs-filing/​esubscription.asp to be notified via e-mail of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or e-mail [e-mail], for TTY, call [phone]. A copy is also available for inspection and reproduction at the address in item (h) above.

m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

o. Any filings must bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE”, as applicable, and the Project Number of the particular application to which the filing refers.

p. Agency Comments: Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency's comments must also be sent to the Applicant's representatives.

q. Comments, protests and interventions may be filed electronically via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site at http://www.ferc.gov under the “e-Filing” link.

Kimberly D. Bose,

Secretary.