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HomeMy WebLinkAbout20030640 Ver 1_COMPLETE FILE_20030429? wH/F O RQG Michael F. Easley, Governor 7 William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources ~ Alan W. Klimek, P.E. Director 4 `C Division of Water Quality May 27, 2003 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Piedmont Design Associates, P.A. Attn: Mr. Glen D. Ruby 125 East Plaza Drive, Suite 104 Mooresville, NC 28115 DWQ Project No. 03-0640 Mecklenburg County Subject Property: The Villages at Harborside Marina, West Catawba Avenue, Cornelius, NC. 'Lake Norman [03-08-32, 11-(75), WS-IV (water supply) B & CA] REQUEST FOR MORE INFORMATION Dear Mr. Ruby: On April 29, 2003, the Division of Water Quality (DWQ) Wetlands/401 Unit received your letter dated April 8, 2003 requesting comments concerning the proposed development on the subject property. The DWQ has determined that the proposed docks, piers and floating boat slips do not require written concurrence from the DWQ as long as they comply with all of the conditions of General Water Quality Certification No. 3373 (GC3373). In addition, the DWQ has determined that the proposed docks piers and floating boat slips are "water dependent structures" and are therefore designated as "exempt" from the Catawba Buffer Rule (15A NCAC 02B.0243). "Exempt" activities do not require written authorization from the DWQ. "Exempt' activities shall be designed, constructed and maintained to minimize soil disturbance and to provide the maximum water quality protection practicable. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Duke Power regulations and permits and water supply regulations. The plans attached to your letter depict what appear to be trails within the protected 50-foot buffer. Although you did not request approval for these trails, please note that the construction of these trails will need to comply with the Catawba Buffer Rule (15A NCAC 02B .0243(6)) for "access trails" and/or "greenway/hiking trails". Depending on their proposed location and construction, these trails will either be designated as "exempt" (does not require DWQ approval) or "allowable" (does require DWQ approval) under the Catawba Buffer Rule. Please refer to the Rule or contact this office to determine how these trails will comply with it. This letter completes the review of the DWQ under Section 401 of the Clean Water Act and the Catawba riparian buffer protection rule as described within 15A NCAC 2B .0243. If you have any questions, please telephone Bob Zarzecki at 919-733-9726. Sincerely, eaann limek, PE., Director Attachments: GC 3373 Cc: USACE Asheville Regulatory Field Office Alan Johnson, DWQ Mooresville Regional Office File Copy Central Files North Carolina Division of Water Quality, Wetlands/401 Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.nc.us/ncwetiands/ WMANDS 1401 GROUP ASQUALITY North Carolina Wildlife Resources Commission Mr. Glen D. Ruby Piedmont Design Assoc., PA 125 East Plaza Drive, Suite 1.04 Mooresville, North Carolina 28115 May 2, 2003 RE: Proposed Marina Project, The Villages at Harborside, Mecklenburg County Dear Mr. Ruby: This correspondence is in response to your letter of April 8, 2003 concerning the referenced floating boat sl.ips..The North Carolina Wildlife Resources Commission (NCWRC) is authorized to comment and make recommendations which relate to the impacts of this project on fish and wildlife through the Federal License of Water Resource Project Act (Federal Power Act-16 U.S.C. 791a et seq.), the Clean Water Act of 1977, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The purpose of the projects will be to provide five (5) boat slips for non- waterfront lots. You are proposing to construct docks, piers and floating boat slips on Lake Norman. No dredging or shoreline stabilization is proposed. The area is located in an area indicated on Duke Power Shoreline Management maps as suitable for this type of activity. The NCWRC has no objection to the project provided the following general dock recommendations are implemented: 1) Boat docks should not be placed so as to impede or block navigation or create a navigational hazard for recreational vessels. 2) If dredging is necessary, it should be done in the dry if possible when the lake level is low. This will minimize sedimentation into the lake. Please note that the NCWRC discourages dredging shallow water areas with productive bottom., wetlands, or submerged aquatic vegetation. We are less concerned with dredging shallow areas having a mud or sand substrate. 3) The U.S. Army Corps of Engineers should be contracted to determine whether a 404 permit is required for this project at 828-271-7980. Additionally, you should contact the NC Division of Water Quality (Mooresville Regional Office) at 704- 663-1699 to determine if a 401 Certification may be necessary. Mailing Address: Division of Inland Fisheries e 1721 Mail .Service Center d Raleigh, NC; 2 7699-1 7 2 1 1.elephone: (919) 733-3633 ext. 281 , Fax. (919) 715-7643 a3- Ub`!o Charles R. Fullwood, Executive Director I PIEDMONT DESIGN ASSOCIATES, P.A. 125 East Plaza Drive, Suite 104 Mooresville, NC 28115 Telephone (704) 664-7888 Fax (704) 664-1778 Email: Pda1230.alltel.net April 8, 2003 NCDENR Division of Environmental Management Wetlands and Technical Review 1621 Mail Service Center Raleigh, NC 27699-1621 Attn: John Dorney, PE RE: The Villages at Harborside Marina; Cornelius, Mecklenburg County, NC Dear Sirs: ;eying eying inning J VP wvnilWntifurtLl7_t RON Please find attached a copy of the site plan for the proposed shoreline development referenced above. Application is being made to Duke Power Company for the required FERC permit to construct docks, piers and floating boat slips for five (5) slips at the location referenced on the site plan. No dredging or shoreline stabilization will be required for this project. Please consider this in your evaluation. The environmental impact of the proposed use and construction is minimal. Construction activity will consist of the installation of pre-fabricated floating modules which will be anchored with self-driving telescoping piles and minimum required non-floating structures (piers) for shore access. No discharge of waste from boats will be allowed. The environmental impact is positive in that the shoreline will be better protected by placing the boat slips in one centralized location. There will be no irreversible or irretrievable commitments of resources to the proposed use. We ask that you advise us, by return mail, of any comments you may have concerning this development or of any permits your authority may require. Your comments are a requirement of the FERC permit application. Thank you for your cooperation and prompt response. Please advise if additional information is required. Best Regards. Piedmont Design Associates, P.A. Q Glen D. Ruby Business Manager enclosures N '- - - PAUL 0. PIJYBON, JR 0-4 s - THE VILLA(?EO 0 HARBOR?IIDE PO BOX 2978 Associates, P.A. =BAUTW;U;FQ rEIS110R0? NC 27429-9 78 PSuiteh104one:(West704) Westfield Center. 125 East Plaza Drive 15 9E 336-282-9442 Mooresville North-1764)A 1 66d-7RRR F Fa rolina 28164.1 7R ¦" Complete items 1, 2, and $. Also complete A.. Signature item 4 if Restricted Delivery is desired. 0 Agent ¦ Print your name and address on the reverse X ? Addresse so that we can return the card to you. B. Received by (Printed Name) Date of Deliver ¦ Attach this cans to the back of the mailpiece, *' _U or on the front if space permits. D. Is delivery address drfferent.from item 1? ? Yes 1. Article Addressed to: If YES, enter delivery address below: ? No Piedmont Design 125 East Plaza Drive, Suite •104 Mooresville, NC 28115 03-0640 - Mecklenburg 3. Service Type E3-c rtified Mail ? Express Mail ? Registered Erliietum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2r Article Number ( ransfer from se-1- fabeq', 7002 3150 0004 9 315 3438 2g01. ,Domestic RetL6 Receipt ? ?S Form 3811; August 102595-r' ITED STATES POSTAL SERVICE First-Class Mail. Postage & Fees Paid USPS Permit No. G710 ; • Sender: Please print your name, address, and ZIP+4 in this box • NC DENR Division of Water Quality Wetlands/401 Certification Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 1#£i#11#£d'td+!Ili! Fi#I##£d}£I#£d3fNiiil7££££#i£1?#,