HomeMy WebLinkAbout19970237 Ver 1_Complete File_19970324State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Ms. Norma Atherton
Duke Power Co.
Mail Stop MG03A5
13339 Hagers Ferry Road
Huntersville, NC 28078
Dear Ms. Atherton:
EDEHNFi
March 24, 1997
Burke County
WQC 401 Project #970237
You have our approval, in accordance with the attached conditions, to relocate the Tater Hole Access
Area at Lake Rhodhiss, as you described in your application dated 14 March 1997. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number 3099.
This Certification allows you to use General Permit Number 030 when it is issued by the Corps of
Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non - Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919 - 733 -1786.
nJr. P
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dorney
Central Files
970237.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919 -733 -1786 FAX # 733 -9959
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March 14, 1997
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Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Subject: Duke Power Company
Tater Hole Access Area Relocation
Burke County, North Carolina
Pre - Construction Notification Application
Record No: RH 005157
Certified: P576 350 902
Dear Mr. Dorney:
Duke Power Company is applying for General Permit 198200030 from the Army Corps of
Engineers to relocate the Tater Hole Access Area provided for the general public at the Lake
Rhodhiss Hydro Project. The existing site is currently located on the side of the lake near the
town of Granite Falls. The proposed site will be located near the town of Rhodhiss. We would
like 401 Certification for the activities associated with this construction.
Development at the new site will consist of paving an entrance road, turnaround area and a
parking lot. The two, 110 foot long boat ramps will be constructed of concrete as shown in the
attached drawings. The loading pier will be constructed between the boat ramps and will be 10
feet wide and 100 feet long with a concrete abutment for access. Approximately 2700 cubic
yards of fill material will be used.
Enclosed please find the Joint Federal and State Pre - Construction Notification Application
Form as well as seven sets of associated maps, drawings, list of property owners and project
description needed to process and issue a permit for this work. This work is scheduled to begin
the first of May, 1997. Should you need additional information, please contact me at (704)
875 -5963.
Sincerely,
Norma G. Atherton, Scientist
Environmental Division /Water Protection
Attachments
taterap l .doc
DEM ID: 97 O 2 7 CORPS ACTION ID: General Permit 198200030
NATIONWIDE PERMIT REQUE57ED (PROVIDE NATIONWIDE PERMIT #l:
PRE - CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE: NO
1) NOT=XCATION TO = CoR.PS OF ENGa'?IZ
2) "9LICATION FOR SECTION 401 C=ATIFICAiION
3) C00ADZ XTICIN WITS mm NC DIOISIoN OF COASTAL )PjzAGiD
SEND Tai ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRRSATE
FIELD OFFICE OF T= CORPS OF ENG--N-EERS (SE: AGENCY ADDRESSES STET) . SEVFF_N
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGaw.ENT
(SEE AGENCY ADDRESSES SLEET) PLEASE ?QINT.
OWNERS NAME: DukePower Company
2. MAILING ADDRESS: Mail Stop MG03A5
13339 Hagers Ferry Road SUBDIVISION NAME: 29 79
CITY: Huntersville STATE. NC ZIP CODE: 2808
?ROJECT LOCATION ADDRESS, :NCLUD:NG SUBDIVISION NAME (IF DIFFS'RENT FROM
*SAILING ADDRESS ABOVE): The proposed iste is located off Rhodhiss Road in
BurkeCounty, east of the town of Rhodhiss. NC.
3. TELEPHONE NUMBER (HOME): (WORK): (704) 875 -5963
4. IF APPLICABLE: AGENT'S NAME OR RES ?ONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Norma Atherton for Dave Mitchell
Mail Stop MG03A5;:13339 Hagers Ferry Road
Huntersville, Nf PRm
S. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
,SAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Burke NEAREST TOWN OR CITY: Rhodhitc,UC
See attached drawings_
Tater Hole Access
Area
SPECIFIC
LOCATION (INCLUDE ROAD
NUMBERS, LANDMAAKS,
ETC.):
This access area is
located approximately 6 miles
from Icard, NC, at
Latitude
35-26' 24" /Longitude
81 46' 12 ".
6. IMPACTED OR NEAREST STREAM /RIVER: N /A'
RIVER BASIN: Lake Rhodhiss -
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS -I OR WS -II)? YES D<) NO ( ] IF YES, EXPLAIN: WS -IV
7b. IS. THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF' COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES ( I NO ( X1
7C. IF THE PROJECT IS LOCATED +1ITHIN A'COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES) , WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
N/A
Sa. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES (X] NO ( ) IF YES, PROVIDE ACTION -I.D. NUMBER OF
PREVIOUS 'PERMIT AND ANY ADD- TTIONAI, INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFI.CATION):.. No information is available on the existing oat ramp.
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED- FOR THIS PROPERTY IN THE
FUTURE? YES ( ] NO (X] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 100'
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A
2
10a. NIIMBER OF ACRES OF. WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: N/A EXCAVATION: ,^NU
FLOODING: N/A
OTHER: N/A
DRAZNAGE: N/A
TOTAL ACRES TO BE ZKPACTED: N/A
10b. (1) STREAH CHANNEL
TO BE IMPACTED BY THE PROPOSED PROJECT (I:°
RELOCATED, PROVIDE DISZ*ANCS BOTH BEFORE AND AFTER RELOCirION1
LENGTH BEFORE: N/A
F": AFTER: N/A FT
WIDTH BEFORE (based on normal high water contours): N/A
WIDTH AFTER: N/A
Fi
AVERAGE DEPTH BEFORE:
N/A cr AFTER: N/A FI'
(2) STREAM Cha&!Ei IM?AC75
WILL RESULT FROM: (CHEC:C ALL THAT APPLY)
OPEN CHANNEL FtE:,OCAT:ON:
N/A PLACEMENT OF PI ?v- IN CHANNEL: N/A
CHANNEL EXCAVATION: N/A
CONSTRUCTION OF A DAM I/ — OODING: p
OTHER: N/A
U. IF CONSTRUCTION OF A POND
IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRA::NING TO THE
POND? N/A
WHAT I5 THE EXPECTED POND
SURFACE AREA? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) : See attached description of proie&t.
13. PURPOSE OF PROPOSED WORK: The access if for public recreational guroasPC-
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS): N/A
15. YOU ARE REQUIRED TO CONTACT THE II.S. FISH AND WILDLIFE SERVICE
(USFWS) AND /OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL N..ABITAT
IN THE PERMIT AREA THAT MAY -BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: Phone conversation on 3/14/97 (ATTACH RESPONSES
FROM THESE AGENCIES.).
16. YOU ARE REQUIRFD TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING 7HE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFF ='TED BY THE PROPOSED
PROJECT. DATE CONTACTED: Phone conversation on 3/14/97
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES (I NO 3) (IF NO, GO TO 18 )
a. IF YES, DOES THE PROJECT REQUIRE PRE ?AP -kTION OF AN ENVIRONMENTAL
DOCUM%NT PURSUANT TO.THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES Cl NO (J
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES (J NO (j
IF ANSWER TO 17b IS YES,. THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE. TO DIVISION OF ENVIRONMENTAL MANAGE21ENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD. BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603 - 8003, TELEPHONE (919) 733 -6369.
4
13. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION N.AP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38) ALL STREAMS (INTERMITT!ENT AND PERMANENT) ON THE PROPER'T'Y
W= BE SHOWN ON THE MAP. MAP SCALES SHOULD BE I INCH EQUALS 50: FEET OR 1
INCH EQUA13 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PSRFORM.ED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGc.ENT PLAN IF REQUIRED.
e. W14AT IS LAND USE OF SURROUNDING ? ROPERTY?
N/A
t. I° AB ?LIC U LE, WHAT IS PROP05ED METHOD OF SEWAGE CISPOSAL7 N/A
q. SIGNED AND DATED AGENT AUTHORIZATION LETTER, I`_' APPLICABLE.
MOTE: WETLANDS OR WATERS OF THE U.S. 14-AY NOT HE I�ACTED PRIOR TO:
1) ISSUANCZ OF A SZCTION 404 CORPS OF ENGIN Z M PERMIT,
2 ) EITHER THE I9SUANC. OR WAIVER OF A 401 D IVI S ION OF
ENVIRONMENTAL MANAGZMSNT (WATER QUALITY) CERTIFICATION, AND
3 ) ( IN THE TTv-EY Y COASTAL COUNTIES ONLY) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSZD
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA. COASTAL MANAGZMENT
PROGRAM.
OWNER'S /AGENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (189.))
5
DATE
i
970237
DUKE POWER COMPANY
TATER HOLE ACCESS AREA RELOCATION
PROJECT DESCRIPTION
Duke Power Company proposes to relocate the Tater Hole
Access Area for the general public at the Lake Rhodhiss
Hydro Project. The project is located in Burke County near
Rhodhiss, North Carolina.
CURRENT CONDITION OF SITE
The existing site is currently located in Caldwell County on
the other side of the lake near the town of Granite Falls,
N.C. The work required to close the existing site will be
performed by the North Carolina Wildlife Resources
Commission. The new site is located off of Rhodhiss Road in
Burke County just east of the town of Rhodhiss. There is an
existing road extending from Rhodhiss Road partially into
the project area but stops where a logging road continues.
The logging road continues on in the general direction of
the primary project area. The relocated project site is
primarily in it's natural state. The existing logging road
extends through a logged out area but the area proposed for
the parking lot, turnaround and boat launch area is covered
with thick brush and some mature trees.
PROPOSED DEVELOPMENT
The scope of this project will include:
- Installation and removal of erosion control devices
- Clearing and removal of debris as necessary to accommodate
project layout.
- Grading, graveling (24 feet wide) and paving (20 feet
wide) by approximately 4600 foot long entrance road to
sustain light duty traffic.
- Grading, graveling and paving of parking lot and ramp
turnaround area to sustain light duty traffic. Ditch
shall be provided along parking lot to carry runoff water
around the paved area. Asphalt curbing shall be placed
along the turnaround and the parking lot edge in order to
route parking lot runoff down the ramp area.
- Painting parking lot with stripes for 120 car and trailer
slots with 6 handicapped parking designations in
specified locations.
- Installation of signs marking handicap parking spaces.
- Preparation of ramp bed for (2) 110 foot long boat ramps
with class B riprap (five inch to 15 inch d=iameter
stone).
Page 1
- Installation of (2) 110 foot concrete boat ramps. Ramps
expected to be constructed of 7 inch thick reinforced
concrete mat with curbing to specified dimensions.
- Installation of 10 foot wide by six inch thick concrete
apron to adjoin boat ramps with concrete curb extending
from ramp to join asphalt curbing.
- Installation of (1) 100 foot long loading pier and
concrete pier abutment for access. Pier shall be located
between the concrete ramps.
- Installation of parking lot lights sufficient to light
entire area of parking lot and turnaround area.
- Finish grading and grassing and /or rocking of edges along
entrance road and parking lot, shoreline and other
structural components to establish natural erosion
control. This shall include installation of underground
CMP for proper routing of rainfall runoff as necessary
and riprap at all CMP outfalls.
Page 2
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DUKE POWER COMPANY
TATER HOLE RELOCATION ACCESS AREA
PROJECT VICINITY MAP
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Page 8
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IN
APO
LIST OF PROPERTY OWNERS WHOSE PROPERTY ADJOINS THE WATERBODY
ADJACENT TO ACCESS AREAS
February 13, 1997
LAKE RHODHISS SITES
TATER HOLE ACCESS AREA RELOCATION ( PROPOSED TO BE RHODHISS ACCESS
AREA)
CAROLINA CENTER LLC
P.O. BOX 1003
CHARLOTTE, N.C. 28201 -1003
(ALL OF THE SHORELINE IS ADJACENT TO THIS OWNER)
HARLEY BROWN
8277 BROWN CIRCLE
CONNELY SPRINGS, N.C. 28612
(ACTUALLY ONLY ADJOINS PROPERTY ALONG ACCESS ROAD INSTEAD OF WATER BODY)
LARRY M. STILLWELL OR LARRY M. STILLWELL
P.O. BOX 187 8663 RHODHISS RD
RHODHISS, N.C. 28667 ICARD, N.C. 28666
(ACTUALLY ONLY ADJOINS PROPERTY ALONG ACCESS ROAD INSTEAD OF WATER BODY)
EUGENE L. WEAVER
P.O. BOX 332
RHODHISS, N.C. 28667
(ACTUALLY ONLY ADJOINS PROPERTY ALONG ACCESS ROAD INSTEAD OF WATER BODY)
JIM OWENS, DIRECTOR OF PLANNING AND DEVELOPMENT
BURKE COUNTY
P.O. BOX 219
MORGANTON, N.C. 28680 -0219
(ACTUALLY SEPARATES PROPERTY FROM RHODHISS RD, DOES NOT GET ALL THE WAY TO
WATER)
Page 12