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HomeMy WebLinkAbout20061912 Ver 1_401 Application_20061206 LETTER OF TRANSMITTAL SS~ME, Inc. 9751 Southern Pine Blvd. Charlotte, NC 28273 704.523.4726 704.525-3953 fax To: Cyndi Karoly NC DWQ 401 Water Quality Unit 1650 Mail Service Center Raleigh, NC 27699-1650 We Are Sending You: ® Attached following items: ~S&ME 20061912 Date: 12-12-06 Job No. 1357-05-395A Re: Bluffs at High Rock Lake Pi~~~ R~l\IT r RF~ ~w ~n ^ Under separate cover via ^ Shop drawings ^ Proposal ^ Plans ^ Samples ^ Specifications ^ Copy of letter ®Regional General Permit No. 198200030 application package including associated WQC No. 3492 the Co ies Date No Descri tion Cover letter, PCN, Agent Authorization Form, Figures, Site 7 12-12-06 1 Photo ra hs, APGI A royal Letter and A enc Comments. Check payable to NCDWQ for $200.00; Impacts less than one 1 11-30-06 1 acre These Are Transmitted As Checked Below: ~ ~'='.• ^ For use (~ (~ ~~ ~I`~' ~~ ® For your approval ~ L ~ `~•~ ~ IJ ~-' ^ As requested ^For Review And Comment ~E~ ~ ;~ ZG~b ^For Bids Due: /_/ ^ Prints Returned After Loan To Us - v~a~r~,vWAI'~:~;ailr:LITY yY1TlANOS P,NO STORMW47ER BRAiJCW Remarks: Enclosed, please find the above for your review and approval. Thank you Suzanne Knudsen Copy To: File, Michael Laws, USACE _~ Signed: IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE. This Letter of Transmittal and the documents accompanying this Letter of Transmittal contain information from S&ME, Inc., which is confidential and legally privileged. The information is intended only for use of the individual or entity named on this Letter of Transmittal. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on these documents is strictly prohibited. S&ME, INC. / 9751 Southern Pine Blvd /Charlotte, NC 28273 / p 704.523.4726 f 704.525.3953 / vvww.smeinc.com s ~S&ME 20061912 December 12, 2006 303d .,of , ~, -i~ "~ ~'~!VED U.S. Army Corps of Engineers Asheville Regulatory Field Office ] S l Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Attention: Mr. Steve Chapin North Carolina Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Attention: Ms. Cyndi Karoly Reference: Regional General Permitting The Bluffs at High Rock Lake Project Rowan County, North Carolina S&ME Project No. 1357-OS-395A Dear Mr. Chapin and Ms Karoly: ;__ e .~'.°~ r ~ a ~• ~v J ~.~~ ~~ P -N - r,.. ;?' ~ r ~~ ~,' ~,~ ~~~ r 't ~~v ~7 ~ =. S&ME, lnc. (S&ME) is pleased to submit this application for impacts to reservoir waters in accordance with U.S. Army Corps of Engineers (USAGE) Regional General Permit (RGP) No. 198200030 and associated North Carolina Department of Environment and Natural Resources (NCDENR), Division of Water Quality (DWQ) Water Quality Certification (WQC) No. 3492. S&ME is working on behalf of Bluffs at High Rock, who will be considered the applicant for this permit. Please find enclosed the following: • A completed Pre-Construction Notification (PCN) and Agent Authorization Form; • Figures: Site Vicinity Map (Figure ] ), USGS Topographic Map (Figure 2), 2002 Aerial Photograph (Figure 3), Lot Characteristics (Figures 4 through 8) and Boat Ramp and Dock Design (Figure 9); • Site Photographs; • Copy of Alcoa Power Generating, Inc. (APGI) Approval Letter and Appropriate Agency Responses; and • A check for $200.00 (DWQ processing fee). S&ME, INC. / 9751 Southern Pine Boulevard /Charlotte, NC 28273-5560 / p 704.523.4726 f 704.525.3953 / www.smeinc.com t • Regional General Permitting S&ME Project No. 1357-OS-395A The Bluffs at High Rock Lake December 4, 2006 PROJECT BACKGROUND For purposes of this permit application, the subject property is referred to as the Bluffs at High Rock Lake and is an approximately 19.4-acre tract located along the shoreline of High Rock Lake, north of and adjacent to Long Ferry Road in Rowan County, North Carolina (35.6716°N, 80.3286°W). Provided below is a list of pertinent information relating to the site and the permit applicant: Applicant: The Bluffs at High Rock Lake Mailing Address: P.O. Box 1974 Lexington, North Carolina 27293 Attention: Mr. Michael Laws Telephone Number: 919-810-4929 Address of Project: North of and adjacent to Long Ferry Road along the shoreline of High Rock Lake in Rowan County, North Carolina. Size of Property: Approximately 19.4 acres Closest Waterway: High Rock Lake (Yadkin River) DWQ Stream Index No. 12-(108.5) WS-V River Basin: Yadkin-Pee Dee County: Rowan Coordinate Location of Site: 35.6716°N, 80.3286°W USGS Quadrangle: Southmont, NC (1991) In November 2005, S&ME completed an Environmental Assessment (EA) for the Bluffs at High Rock Lake, which was submitted to APGI for approval. The EA document was prepared in accordance with Section V of the Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures-Yadkin Project FERC No. 2197 dated July 1, 1999 (Revised July 1, 2002). A portion of this document included a Jurisdictional Wetlands and Waters of the U.S. Determination within the study area (land along the approximately 3,600 linear feet [1fJ of shoreline of High Rock Lake, or land within 100 feet of the normal full-pool elevation of 655 feet [Yadkin Datum]). This effort determined the presence of one jurisdictional forested wetland and two jurisdictional streams within the study area, adjacent to Lots 2 and 3. A second jurisdictional 2 ~ s Regional General Permitting S&ME Project No. 1357-OS-395A The Bluffs at High Rock Lake December 4 2006 forested wetland is located adjacent to Lot 8. The EA was submitted to various regulatory and state agencies including the USACE, U.S. Fish and Wildlife Service (USFWS), DWQ, and N.C. State Historic Preservation Office (SHPO). In a March 31, 2006 email, Ms. Amanda Jones with the USACE concurred with our findings of jurisdictional areas located within the study area. Furthermore, Ms. Jones stated that the impacts associated with the proposed project (construction of the community boat launch, pier and dock within Lot 12) would require authorization by the USACE under RGP 198200030 prior to construction of the project. To obtain USACE authorization, a PCN describing the proposed project and impacts must be submitted for approval. EXISTING SITE CONDITIONS The study area within the subject property is limited to land along the approximately 3,600 if of shoreline along High Rock Lake, or land within 100 feet of the normal full-pool elevation of 655 feet (Yadkin Datum). 'The subject property has been subdivided into 12 lots, of which some have been sold to private individuals. Bluff Lane offers access to these lots from Long Ferry Road to the south. An existing boat pier is located within the northwestern portion of the site along the shoreline of Lot 5. The subject area is largely undeveloped, hardwood forest. A riprap channel extends from Bluff Lane to High Rock Lake adjacent to Lot 4 in the western portion of the site. One jurisdictional forested wetland and two jurisdictional streams are located within the study area adjacent to Lots 2 and 3. A second jurisdictional forested wetland is located adjacent to Lot 8. The vicinity of the study area is residential and forested. Vegetation observed within the canopy of the study area includes tulip tree (Liriodendron tulipfera), white oak (Quercus alba), American sycamore (Platanus occidentalis), water oak (Q. nigra), sugar maple (Ater saccharum), American beech (Fagus grandifolia) and American basswood (Tilia americana). Vegetation observed within the subcanopy of the study area includes sweetgum (Liquidambar styrac~ua), tulip tree, sugar maple, silky dogwood (Cornzzs amomum), mockernut hickory (Carya alba), eastern redbud (Cercis canadensis), common buttonbush (Cephalanthus occidentalis) and arrowwood (Viburum dentatum). Herbaceous vegetation within the study area includes wild yam (Dioscorea villosa), spotted wintergreen (Chimaphila maculata), maidenhair fern (Adiantum pedatum), black cohosh (Cimicifuga racemosa), sessile-leaf bellwort (Uvularia sessilifolia), perfoliate bellwort (U. perfoliata), hairy sweet Cicely (Osmorhiza claytonia), Virginia creeper (Parthenocissus quinquefolia), Japanese honeysuckle (Lonicera japonica), may-apple (Podophvllum peltatum), strawberry bush S • Regional General Permitting S&ME Project No. 1357-OS-395A The Bluffs at High Rock Lake December 4 2006 (Euonymus americanus), Christmas fern (Polystichum acrostichoides), tickseed (Coreopsis sp.), trillium (Trillium sp.), day lily (Hemerocallis fulva), iris (Iris sp.), and common moonseed (Menispermum canadense). Lap trees (trees growing along the reservoir shoreline) observed within the study area include sugar maple, sweet gum, silky dogwood, black willow (Salix nigra), tag alder (Alnus serrulata) and green ash (Fraxinus pennsylvanica). PROJECT DESCRIPTION APGi manages and operates High Rock Lake as a principal storage and water regulation facility for the Yadkin-Pee Dee River Basin. APGI permits residential development along the shoreline of High Rock Lake in accordance with the requirements outlined in APGI's Subdivision Access Approval, Multi-Use Facility Permitting and Industrial Approval Procedures. The Bluffs at High Rock Lake is proposed as a gated residential community comprised of ] 2 lots. Lots 1 through 11 are residential lots and Lot l2 is proposed as a community boat pier, launch and dock facility. Construction of this facility will require authorization through RGP 198200030 and associated Water Quality Certification No. 3492. An on-site road is proposed which will extend from Bluff Lane to a gravel parking area at the community boat pier, launch and dock area. Construction activities will be performed "in the dry" (during periods of draw-down) between the months of November through February when fish are not spawning. The boat launch will be 16 feet wide constructed of concrete and extend 50 feet outward. The boat pier and dock will be constructed ofgrade-marked pressure-treated lumber and pilings by the American Wood Preservers' Bureau. The floating devices of the pier and dock will be encased in manufactured plastic so that the structures will not rest on the reservoir bottom. The three-leveled pier will consist of stationary, ramp and floating sections. The dock will accommodate up to six watercraft with floating piers to provide access to each boat slip from dry land. Industry-standard construction equipment will be used to construct the project. Construction will not take place in wetlands. Of the 11 residential lots, Lots 6 through 1 1 will have private boat piers offering private access to the reservoir. These piers do not require notification through submittal of a PCN. Lot 1 is landlocked and Lots 2, 3 and 4 are ineligible for a private pier due to construction restraints such as the presence of jurisdictional waters of the U.S., which include wetlands. Lot 4 does not satisfy the water depth requirements to accommodate a private pier. Lot 4 has been sold and the current property owner may excavate the reservoir bottom to accommodate adequate water depth. APGI will not permit excavation activities until the property owner has received the appropriate permits from the USACE and DWQ. Regional General Permitting S&ME Project No. 1357-OS-395A The Bluffs at High Rock Lake December 4. 2006 PROPOSED JURISDICTIONAL IMPACTS The proposed project will entail constructing a concrete boat ramp within Lot 12 that extends from a parking area into High Rock Lake. The impact to the reservoir bottom associated with the boat ramp is expected to be O.OI 8 acre (800 square feet). The floating sections of the associated boat pier and dock will be encased in manufactured plastic so that impact to the reservoir bottom will not occur. The stationary portions of the dock will be secured by pilings driven into the lake bottom and will not involve dredging or filling. Construction of the facility will occur while High Rock Lake is drawn down (during the months of November through February) using industry- standard equipment and approved construction materials. PROTECTED SPECIES S&ME conducted a protected species assessment within the study area (land along the approximately 3,600 If of shoreline of High Rock Lake, or land within 100 feet of the normal full-pool elevation) consisting of a literature review and a site reconnaissance. The results of these efforts did not reveal the presence of protected terrestrial species (plants or animals that occur on land) within the study area. These results were incorporated into the EA document. As mentioned previously, a copy of the EA document was submitted to the USFWS on September 27, 2005. The USFWS did not comment on the proposed project. HISTORIC PROPERTIES APGI has conducted a cultural resources assessment on some properties adjacent to High Rock Lake. The subject property was included in this assessment and was determined to have low cultural resources risk. As mentioned previously, S&ME also provided a scoping letter to SHPO on September 26, 2005. SHPO responded with an October 1 1, 2005 letter stating their office was not aware of historic resources that would be affected by the proposed project. AVOIDANCE AND MINIMIZATION APGI enforces strict guidelines that adjacent landowners must comply with to gain access to the reservoir from their lot. These guidelines aid in avoiding and minimizing impacts to the Regional General Permitting S&ME Project No. 1357-OS-395A The Bluffs at High Rock Lake December 4. 2006 reservoir, associated shoreline and waters of the U.S. (streams), including wetlands and are discussed below: To comply with APGI's Shoreline Management Plan, Shoreline Stewardship Policy and Specifications for Private Recreation Facilities, adjacent landowners to High Rock Lake must obtain an APGI-administered permit prior to constructing a private pier. Before APGI will approve such permits, certain criteria, such as water depth, must be met. However, High Rock Lake is regularly subjected to a high sedimentation load which decreases the water depth of the resen~oir. As a result, APGI will consider excavation of the reservoir bottom to achieve the required water depth for a private pier through the landowner submitting an "Application for Activity Permit for Reservoir and Shoreline Alteration (Excavation, Dredge and Fill)" along with appropriate regulatory agency permits. APGI does not permit activities that will impact aquatic vegetation or that will occur within waters of the U.S. Excavation was considered for Lots 2, 3 and 4 because the water depth was insufficient for a private or shared pier. However, due to the presence of aquatic vegetation and waters of the U.S. adjacent to Lots 2 and 3, excavation of the reservoir bottom cannot be authorized by APGI. APGI will consider Lot 4 eligible for excavation of the reservoir bottom to reach the minimum water depth requirement, because aquatic vegetation and waters of the U.S. are not located along the shoreline. Permitting and approvals associated with excavation adjacent to Lot 4 will be the responsibility of the current property owner. Furthermore, APGI requires that piers be specifically designed to avoid impacts to the reservoir bottom and shoreline environment without mitigation. Specifically, piers cannot extend into the reservoir farther than 75 feet from the normal full-pool elevation. Ramps cannot extend further than it is deemed necessary for the intended use. Additionally, the client has been given a copy of RGP 198200030 so that the project will comply with the conditions of the permit. Regional General Permitting S&ME Project No. ] 357-OS-395A The Bluffs at High Rock Lake December 4, 2006 CLOSING By copy of this correspondence and completed PCN, we are requesting your acceptance of this permit application. Your timely response to this PCN is appreciated, and if we can provide additional information or answer questions you may have, please feel free to contact us. Sincerely, S&ME, Inc. l~~`~ C~ Suzanne L. Knudsen Natural Resources Staff Professional Lisa J. Beckstro , C.E., C.W.B. Natural Resources Department Manager Senior Reviewer Attachments Mr. Michael Laws, Bluffs at High Rock PRE-CONSTRUCTION NOTIFICATION AND AGENT AUTHORIZATION FORM Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 2 0 0 6 1 9 1 2 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing Check all of the approval(s) requested for this project: ~~ , , , ~h. ® Section 404 Permit ^ Riparian or Watershed 1~~~~les ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: RGP 198200030 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information 1. Owner/Applicant Information ~;~ Name: The Bluffs at High Rock Lake L~c,~,: 1 al ZilU6 Mailing Address: PO Box 1974 Lexington, North Carolina 27293 oew Q~` -'~'~~~ ~~ :a,~~u1~~ N~'f~.NFlI7. a3~~ u70Rt'A>rY~T~it 9RtWt;r1 Telephone Number: 919-810-4929 Fax Number: 843-626-0193 E-mail Address: mwlaws@wesi-inc.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Suzanne Knudsen Company Affiliation: S&ME, Inc. Mailing Address: 9751 Southern Pine Boulevard Charlotte, North Carolina 28273 Telephone Number: 704-523-4726 Fax Number: 704-525-3953 E-mail Address: sknudsen@smeinc.com 30~d Updated 11/1/2005 Page 1 of 1 1 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. I . Name of project: The Bluffs at High Rock Lake 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 12 Parcels: 612B014 - 612B025 (Former Tax PIN: 612 015 and 612 014) 4. Location: County: Rowan Nearest Town: Spencer Subdivision name (include phase/lot number): Bluffs at High Rock Lake-Phase I-Lots 1-12 Directions to site (include road numbers/names, landmarks, etc.): From Charlotte: I-85 North to Exit 81 -Spencer. Right on Long Ferry Road, Left on Bluff Lane 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.6716°N, 80.3286°W 6. Property size (acres): 19.4 acres 7. Name of nearest receiving body of water: High Rock Lake 8. River Basin: Yadkin (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The study area within the subject property is limited to land along the approximately 3,600 If of shoreline along High Rock Lake, or land within 100 feet of the normal full-pool elevation of 655 feet (Yadkin Datum). The Updated 11/1/2005 Page 2 of ] 1 subject property has been subdivided into 12 lots, of which some have been sold to private individuals. Bluff Lane offers access to these lots from Long Ferry Road to the south. An existing boat pier is located within the northwestern portion of the site along the shoreline of Lot 5. The subject area is largely undeveloped, hardwood forest. A riprap channel extends from Bluff Lane to High Rock Lake adjacent to Lot 4 in the western portion of the site. One jurisdictional forested wetland and two jurisdictional streams are located within the study area adjacent to Lots 2 and 3. A second jurisdictional forested wetland is located adjacent to Lot 8. The vicinity of the study area is residential and forested. Vegetation observed within the canopy of the study area includes tulip tree (Liriodendron tulipfera), white oak (Quercus alba), American sycamore (Platanus occidentalis), water oak (Q. nigra), sugar maple (Ater saccharum), American beech (Fagus grandifolia) and American basswood (Tilia americana). Vegetation observed within the subcanopy of the study area includes sweetgum (Liquidambar styraciJlua), tulip tree, sugar maple, silky dogwood (Corms amomum), mockernut hickory (Carya alba), eastern redbud (Cercis canadensis), common buttonbush (Cephalanthus occidentalis) and arrowwood (Viburum dentatum). Herbaceous vegetation within the study area includes wild yam (Dioscorea villosa), spotted wintergreen (Chimaphila maculata), maidenhair fern (Adiantum pedatum), black cohosh (Cimicifuga racemosa), sessile-leaf bellwort (Uvularia sessilifo/ia), perfoliate bellwort (U. perfoliata), hairy sweet Cicely (Osmorlriza claytonia), Virginia creeper (Partltenocissus quinquefolia), Japanese honeysuckle (Lonicera japonica), may-apple (Podophyllum peltatum), strawberry bush (Euonymus americanus), Christmas fern (Polysticltum acrostichoides), tickseed (Coreopsis sp.), trillium (Tri/lium sp.), day lily (Hemerocallis fulva), iris (Iris sp.), and common moonseed (Menispermum canadense). Lap trees (trees growing along the reservoir shoreline) observed within the study area include sugar maple, sweet gum, silky dogwood, black willow (Salix nigra), tag alder (Alms serrulata) and green ash (Fraxinus pennsylvanica). 10. Describe the overall project in detail, including the type of equipment to be used: APGI manages and operates High Rock Lake as a principal storage and water regulation facility for the Yadkin-Pee Dee River Basin. APGI permits residential development along the shoreline of High Rock Lake in accordance with the requirements outlined in APGI's Subdivision Access Approval, Multi-Use Facility Permitting and Industrial Approval Procedures. The Bluffs at High Rock Lake is proposed as a gated residential community comprised of 12 lots. Lots 1 through 11 are residential lots and Lot 12 is proposed as a community boat pier, launch and dock facility. Construction of this facility will require authorization through RGP 198200030 and associated Water Quality Certification No. 3492. An on-site road is proposed which will extend from Bluff Lane to a gravel parking area at the community boat pier, launch and dock area. Construction activities will be performed "in the dry" (during periods of draw-down) between the months of November through February when fish are not spawning. The boat launch will be 16 feet wide constructed of concrete and extend 50 feet outward. The boat pier and dock will be constructed of grade-marked pressure-treated lumber Updated 11/1/2005 Page 3 of 11 and pilings by the American Wood Preservers' Bureau. The floating devices of the pier and dock will be encased in manufactured plastic so that the structures will not rest on the reservoir bottom. The three-leveled pier will consist of stationary, ramp and floating sections. The dock will accommodate up to six watercraft with floating piers to provide access to each boat slip from dry land. Industry-standard construction equipment will be used to construct the project. Construction will not take place in wetlands. Of the 11 residential lots, Lots 6 through 11 will have private boat piers offering private access to the reservoir. These piers do not require notification through submittal of a PCN. Lot 1 is landlocked and Lots 2, 3 and 4 are ineligible for a private pier due to construction restraints such as the presence of jurisdictional waters of the U.S., which include wetlands. Lot 4 does not satisfy the water depth requirements to accommodate a private pier. Lot 4 has been sold and the current property owner may excavate the reservoir bottom to accommodate adequate water depth. APGI will not permit excavation activities until the property owner has received the appropriate permits from the USAGE and DWQ. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USAGE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. In November 2005, S&ME completed an Environmental Assessment (EA) for the Bluffs at High Rock Lake, which was submitted to APGI for approval. The EA document was prepared in accordance with Section V of the Subdivision Access Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures-Yadkin Project FERC No. 2197 dated July 1, 1999 (Revised July 1, 2002). A portion of this document included a Jurisdictional Wetlands and Waters of the U.S. Determination within the study area (land along the approximately 3,600 linear feet [1fJ of shoreline of High Rock Lake, or land within 100 feet of the normal full-pool elevation of 655 feet [Yadkin Datum]). This effort determined the presence of one jurisdictional forested wetland and two jurisdictional streams within the study area, adjacent to Lots 2 and 3. A second jurisdictional forested wetland is located adjacent to Lot 8. The EA was submitted to various regulatory and state agencies including the USAGE, U.S. Fish and Wildlife Service (USFWS), DWQ, and N.C. State Historic Preservation Office (SHPO). In a March 31, 2006 email, Ms. Amanda Jones with the USAGE concurred with our findings of jurisdictional areas located within the study area. Furthermore, Ms. Jones stated that the impacts associated with the proposed project (construction of the community boat launch, pier and dock within Lot 12) would require authorization by the USAGE under RGP Updated 11/1/2005 Page 4 of 1 1 198200030 prior to construction of the project. To obtain USAGE authorization, a PCN describing the proposed project and impacts must be submitted for approval. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. It is not anticipated the Bluffs at High Rock Lake project will require future 404/401 permits from the USAGE nor DWQ. The project will require future permits from APGI such as any applicable reservoir excavation and private pier construction permits. VI. Proposed Impacts to Waters of the United States It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The proposed project will entail constructing a concrete boat ramp in Lot 12 that extends from a parking area into High Rock Lake. The impact to the reservoir bottom associated with the boat ramp is expected to be 0.018 acre (800 square feet). The floating sections of the associated boat pier and dock will be encased in manufactured plastic so that impact to the reservoir bottom will not occur. The stationary portions of the dock will be secured by pilings driven into the lake bottom and will not involve dredging or filling. Construction of the facility will occur while High Rock Lake is drawn down (during the months of November through February) using industry-standard equipment and approved construction materials. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to bath structure and flooding. Updated 11/1/2005 Page 5 of 11 Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (linear (acres) ( es/no feet N/A N/A N/A N/A N/A N/A Total Wetland Impact (acres) N/A 3. List the total acreage (estimated) of all existing wetlands on the property: ~ 0.50 acre 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Stream Impact Area of Number Stream Name Type of Impact Width Before Len th lm act p (indicate on ma) ]ntermittent? Im act (linea~feet) (ac res) N/A N/A N/A N/A N/A N/A N/A Total Stream Impact (by length and acreage) N/A N/A 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water ]mpact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc. (acres Lot 12 High Rock Lake Dredging due to construction Reservoir O.Ol8 of a concrete boat launch Total Open Water Impact (acres) 0.018 6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect: Stream Impact (acres): 0 Wetland Impact (acres): 0 Open Water Impact (acres): 0.018 Total Impact to Waters of the U.S. (acres) 0.018 Total Stream Impact (linear feet): 0 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. Updated 11/1/2005 Page 6 of 1 1 Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. APGI enforces strict guidelines that adjacent landowners must comply with to gain access to the reservoir from their lot. These guidelines aid in avoiding and minimizing impacts to the reservoir, associated shoreline and waters of the U.S. (streams), including wetlands and are discussed below: To comply with APGI's Shoreline Management Plan, Shoreline Stewardship Policy and Specifications for Private Recreation Facilities, adjacent landowners to High Rock Lake must obtain an APGI-administered permit prior to constructing a private pier. Before APGI will approve such permits, certain criteria, such as water depth, must be met. However, High Rock Lake is regularly subjected to a high sedimentation load which decreases the water depth of the reservoir. As a result, APGI will consider excavation of the reservoir bottom to achieve the required water depth for a private pier through the landowner submitting an "Application for Activity Permit for Reservoir and Shoreline Alteration (Excavation, Dredge and Fill)" along with appropriate regulatory agency permits. APGI does not permit activities that will impact aquatic vegetation or that will occur within waters of the U.S. Excavation was considered for Lots 2, 3 and 4 because the water depth was insufficient for a private or shared pier. However, due to the presence of aquatic vegetation and waters of the U.S. adjacent to Lots 2 and 3, excavation of the reservoir bottom cannot be authorized by APGI. APGI will consider Lot 4 eligible for excavation of the reservoir bottom to reach the minimum water depth requirement, because aquatic vegetation and waters of the U.S. are not located along the shoreline. Permitting and approvals associated with excavation adjacent to Lot 4 will be the responsibility of the current property owner. Updated 11/1/2005 Page 7 of 1 1 Furthermore, APGI requires that piers be specifically designed to avoid impacts to the reservoir bottom and shoreline environment without mitigation. Specifically, piers cannot extend into the reservoir farther than 75 feet from the normal full-pool elevation. Ramps cannot extend further than it is deemed necessary for the intended use. Additionally, the client has been given a copy of RGP 198200030 so that the project will comply with the conditions of the permit. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USAGE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. It is anticipated that the proposed project will not require mitigation. Therefore, no mitigation plan has been developed. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at Updated 11/1/2005 Page 8 of 11 (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ N/A X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Updated 11/1/2005 Page 9 of 1 1 Zone* Impact (s uare feet) Multiplier Required Miti ation 1 3 (2 for Catawba) 2 1.5 Total * Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach ali appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The proposed project will not generate impervious surfaces that will increase stormwater runoff; therefore stormwater controls will not be necessary. XII. Sewage Disposal (required by DWQ) 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. The wastewater generated from the Bluffs at High Rock Lake will be processed by septic systems. Construction of the community facilities in Lot 12 will not generate future or current wastewater. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No Updated I I/1/2005 Page 10 of 1 1 if yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The proposed project outlined in this PCN will follow strict guidelines as set forth by APGI. It is in the intent of these guidelines to avoid degradation of water quality. The Bluffs at High Rock Lake residential community will not create secondary and cumulative impacts affecting downstream portions of High Rock Lake. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Activities associated with the impacts outlined in this PCN are anticipated to be completed before March 2007 when the reservoir is drawn down and fish are not spawning. ~~~ ~ ial.~/ Applica t/Agent' Signature Date (Agent's signature aid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 11 of 11 S&ME AUTHORIZATION FORM TO ACT AS AGENT WITH THE US ARMY CORPS OF ENGINEERS Date: July 26, 2006 Project lnformaticn S&ME Project Name; Bluffs at High Rock Lake Type of Project: Natural P.esources Services Location: Rowan County, North Carolina Propert}~ Owner/Representative Information Business Name: _._,.- :~ i Mailing Address: City, State, Zip Code: L~x~. Telephone No_ ~~ Contact: Agent Information Business Narne: S&IVIE, Inc. Street Address: 9751 Southern Pine Boulevard City, State, Zip Code: Charlotte, NC 28273 Telephone No. (704) 523-4726 Contact: Ms. Suzanne Knudsen Authori2ation: I _/~///l~/~G~/ ~.~f on behatfof (Contact Suture ~ %~ ~ ~ /~ hereby authorize (Name of Lando er or Representative) S&ME, Inc. to act as agent for the above- Toned project. ~/~ a~ g•d efts : i i 90 9Z i ~, ~~~~1~~~ i I, Source: MapQuest Website Scale: As Shown Checked by: LJB Drawn by: SLK Date: 11-30-06 ~r~`~~ ~ ~~ ~'~a ~. ~ _ ~ . { ~l3~ t~ ~ ~ ~ ~ f``~ bject Property s,,; ~~ DEC 1 3 zaa6 s,~!vr< . ~u,ai ni:' ~'Rr, ~?ar, SITE VICINITY MAP Bluffs at High Rock Lake - - Rowan County, North Carolina Project No.: 1357-05-395A u Figure 1 m __ DEC ~ ~ 2aa~ M Approximate limits of subject property ~r Scale: As Shown Checked by: LJB Drawn by: SLK Date: 11-30-06 USGS TOPOGRAPHIC MAP Bluffs at High Rock Lake Rowan County, North Carolina Project No.: 1357-05-395A Figure 2 ! ~ rr .~., vvvv ~~~~ G '~(14q~ `~" ~ ~~} ~ . j ., 12 ~ +`57~t3 ~~ f ~~ ~y.,~~,~~1 ~~ ~~5,t~~t1t181 ~ ~~`~~~ '~ ~. ~ ~12B ~ ~ « ,,;++~~~' J ~~ _ v _ ~ ,,;~ y ~, ~ -, L631'`'~ ` ~~~, ~ ,~-, `'d. ~~~ ~ ~ 'k~^ ~ ~~ ~ ply ''"'~ „ 'r ,a A ~~ r Qu., ~. 4 '~ ~ 15 `ii~~~.x ~~ ^ ,4 ~ r V[I^~y~_ ~ YL 1-~ y~ ,~~~1 OlAtADNA.F2~ ~~ ~ ~ s'' ~ ~tb~d4 ~-`~,~~ "'"~~ ++~~ i ~ ~ ' 'S t ~ k r ~_ ,s ~i122~rJ~1~ 41 ~~4+9ky ,,~~2'~° ~ w ~ 111 1538 o ma -~. ~ ~ ~ `31`2~72~ ~ ~ '~~ ~ . rt ~~ ~' ~p~.~ ~~J~n ~ R 82x}5 `' °. o aaa~ ~ ~a.u`sr~~ ~;~~- , , - ~~ . ~ t 548 ~ ~ w ~~ Source: 2002 Aerial Photograph -Rowan County GIS website ~ ~ ~~~~ nn D~ ~ ~ ~, ? U t~a~ Lot Number ~ ~~N~e ~ ~~.dRrrr, ~r~~ ~a~~'~C Approximate limits of subject property h Scale: As Shown Checked by: LJB Drawn by: SLK Date: 11-30-06 2002 AERIAL PHOTOGRAPH Figure ..=- S&ME Bluffs at High Rock Lake Rowan County, North Carolina Project No.: 1357-05-395A _ ui :_ _ w J (n J C J Q ~ R'A .r ~ ~ ~ •O ~ ~ I ~ a~ ~ ~, c~ W E~ ~E Ec~ ~ ~+ ~; ~oL ao- o_ ~ ~~ ~ ~ ~ ~z J Q QO ~, J U... co ~ ca ~ o .c Q cn o ~ ~ ~ U ~ Q ~ c ~, = m co i ~~ ~ U m 0 ~__.~ ~ ~ ~e ,~ tia ~~ ^' ~ v 1~ ~ v o o~ ~N ~~ ~~~ ,~, ~~ v ~ ~ o M r.~ v , ~ m '~ ~ O O ~ ~v~ w m W ~` ~ Y U ~, W O U .D ^, C W ~ Q O a C a Y ~ U ~ ~ o, N a T ~ ~ ~ D O N ~ ,b ~ ~ ~ m ~ v o ,~ ~ m Z ,,~, ~ ti ~ 'N O ~ ~ ~ ~ ~ ~ V N .~ ~ "~ ~ ~ o 0 (1 ,Q ` ~ ~ L ~V •Vy ,^ ~ O ~ N ~ ~ ~ ~ V ~ ~ •a; ~ ~ ~ a~ ~X O Q M ~ ~ ~ M ~~ ~~~`!° ~ z o ti A Z Z M ~Z ~ ~ .- ~ J ~ ~ U ~ <n a Lot 5 1.1 Acres Point Boat Dock DEC \ DEC Approximate location of existing residential structure Approximate location of existing, partially constructed boathouse Cove Approximate Subdivision Boundary Bluff Lane Lot 4 . 6 Acres Cove View No pier/dock D ~! ~; or ~ ~ ~ zoo LEGEND ~~~_' ~ ' ~ Approximate Location of Existing Boat Dock 1 Conceptual Location iii 4 C~ ' ' 0 of Boat Dock Enlarged portion REFERENCE: Basemap provided by Shulenburger Surveying Company, P.A. and modified by S&ME, Inc. SCALE: DRAWN BY: CHECKED BY: FIGURE: NTS DRA/SLK LJB LOT CHARACTERISTICS 5 PROJECT NO: DATE: ,.r The Bluffs at High Rock Lake ~= 1357-05-395A 08/12105 Rowan County, North Carolina Lot 6 .8 Acres Cove Vlew Boat Dock Approximate location of existing riprap channel -_. --- . , F~ LEGEND Conceptual Location of Boat Dock Approximate Locatior Of Wetland B ~I features identified have not ~ted nor verified by the USACE. D ran. ~Q~ `~l~ ~D OE D ~ ~ ~ 1006 s~srOR"'"'''~R~cti REFERENCE: Basemap provided by Shulenburger Surveying Company, P.A. and modified by S&ME, Inc. SCALE: DRAWN BY: CHECKED BY: NTS DRA/SLK LJB PROJECT NO: DATE: 1357-05-395A 08/12105 FIGURE:I LOT CHARACTERISTICS 6 The Bluffs at High Rock Lake Rowan County, North Carolina Approximate Subdivision ~ Boundary 10~ 6~GF ~~~F Lot 10 Enlarged portion 2, 0 Acres Point Boat Dock Lot 11 2, 0 Acres Poin~/Cove Boat Dock -------____ -------___ ----- -_l ~ Cove ~~' LEGEND ~1~~~1~~1~~"f ~~~~ > ,~ f 0 Conceptual Location OEC t, y 219 6 of Boat Dock i +; D~NR • wA~ i:~r G~~~: o~, :AANDe ANrJ STOI?~dWaTE~Y 3Rnr~~,~ REFERENCE: Basemap provided by Shulenburger Surveying Company, P.A. and modified by S&ME, Inc. SCALE: DRAWN BY: CHECKED BY: FIGURE: NTS DRA/SLK LJB LOT CHARACTERISTICS 7 PRO~ECrNO: DATE: The Bluffs at High Rock Lake 1357-05-395A 08!12105 Rowan County, North Carolina N ro N Lot 12 _--` - -_ Residual Tract --' ' 2.4 Acres - '" ~~ ~~ Boat Ramp .--, - - -. _ .- ,~ _- ,~ - .- --- ,. --,- ,~ ---- ,,, ,, - ,. ,. ,, ,. ,. ,. ,. ' ~' LEGEND -' .-- ,, ,, ~, ~~ ~ See Figure 9 for boat '' 0 -' ! ramp and dock design --- " - , ,,- i --'----~ ' ~ Approximate Location e~G~ REFERENCE: Basemap provided by Shulenburger Surveying Company, P.A. and modified by S&ME, Inc. Of Proposed Lake Access Road ^~ u~~~ 'iEC ~ 3 2006 . F -, i~R - WAl ~.n Uun~, ; a~~r~;~~~GSANO sroR-~w~tF.~ a~ SCALE: NTS DRAWN BY: DRA/SLK CHECKED BY: LJ13 LOT FIGURE: CHARACTERISTICS PRO~ECTNO: DATE: The Bluffs at High Rock Lake $ 1357-05-395A 08!12/05 _ Rowan County, North Carolina p ~~rb~~ ~.~ ~~~ DE(~ 1113 2006 DENS :~~ ~ ~,. :~ REFERENCE: Basemap provided by WH Lynch and modified by S&ME, Inc. SCALE: DRAWN BY; CHECKED BY: BOAT RAMP AND FIGURE: NTS SLK LAB DOCK DESIGN PRO~ECTNO: DATE: _ The Bluffs at High Rock Lake 9 1357-05-395A 11-30-06 - Rowan County, North Carolina SITE PHOTOGRAPHS a;~ ~ ~~~ sk, ", ~ ~4 ~ t '41t° ~lRT~f+i'IFJ~1~R tiff v.er ~ n J~~~i! Photo 1: Lot 11, facing northwest within mature hardwood forest. Photo 5: Facing east along existing boat dock, a partially constructed building and stairs within Lot 5. 6/9/05 Taken by: SLK _' ~~~I Checked by: LJB - Project No. 1357-05-395A `may Photo 2: Debris in cove located near Lots 2, 3 and 4. Photo 3: Debris near Lot 7. Photo 4: Facing northwest toward existing residence and 2 decks within Lot 5. 6/9/05 SITE PHOTOGRAPHS Taken by: SLK The Bluffs at High Rock Lake Checked by: LJB _ _~ ~ S&M E Project No. 1357-05-395A ~ Rowan County, NC Sheet 2 Photo 7: Facing east toward cleared path within Lot 5. Photo 8: Facing north near Lot 6 toward eroded, steep shoreline slope. Photo 9: A beach area with gradual topography at Lot 11. Photo 10: Facing north toward Wetland A in Lot 3. Photo 11: Facing south within Wetland B in Lot 8. Photo 12: Facing upstream along Stream 1 in Lot 2. APGI APPROVAL LETTER AND APPROPRIATE AGENCY RESPONSES ALCOA April 5, 2006 Suzanne L. Knudsen S&ME, Inc. 9751 Southern Pine Boulevard Charlotte, NC 28273 RE: APGI Yadkin Project (FERC No. 2197) The Bluffs at High Rock Lots 1 - 12 Suzanne, Alcoa Power Generating inc. Hydro Division PO Box 576 Badin, North Carolina 28009-0576 Tel: 1-888-886-1063 Fax: 1-704-422-5776 wvvw.alcoa.corn/tapoco Alcoa Power Generating Inc. (APGI), through its Yadkin Division (Yadkin), reviewed the Environmental Assessment (EA) and Agency Consultation documents as prepared and submitted by S&ME, for Lots 1 - 12 at The Bluffs at High Rock residential community in Rowan County to determine the eligibility of the subject lots for private residential access to High Rock Reservoir. As a reminder, High Rock Reservoir, because of its size, functions as a storage reservoir and serves as the principal storage and water regulation facility for nearly the entire Yadkin/Pee Dee River including Yadkin's and other's downstream hydroelectric operations. The operation of High Rock powerhouse, and consequently releases of water through the turbines, depends primarily on current water level, streamflow into the Reservoir, and time of year. Because High Rock Reservoir is a storage reservoir, there are seasonal fluctuations in resenvoir water levels. Also, because of Yadkin's minimum water discharge requirements, extensive drawdowns of the Reservoir can occur during drought conditions. Yadkin manages the FERC-licensed Yadkin Project (Project) in an environmentally responsible manner, generally consistent with the recommendations of state and federal resource agencies. Accordingly, Yadkin has reviewed the EA along with agency comments from the NC Department of Environment and Natural Resources (NCDENR), the NC Division of Parks and Recreation (NCDPR), the NC Division of Water Resources (NCDWR), the NC Wildlife Resources Commission (NCWRC}, the NC Department of Cultural Resources (NCDCR), and Rowan County and has made the fallowing determinations about eligibility for private residential access to the reservoir. In order for Lots 1 - 12 to be determined eligible for a pier, the lots must meet the following relevant eligibility requirements as described in the Yadkin Shoreline Management Plan (SMP): r i ~ ~ A. Lots must meet the minimum lot width, water depth, and cove width specifications outlined in the Private Recreation Facility Specifications. B. In new subdivisions platted and recorded on or after July 1, 1999, lots must maintain a 100-foot forested setback. Additionally, all structures (including but not limited to buildings, houses, driveways, roof overhangs, decl~s, porches, patios, cantilevered decks, stairs, posts, columns, fences, retaining walls, landscaping walls, and gazebos) must be set back at least 100-ft from the reservoir shoreline. C. In order for a lot in a new subdivision to be eligible for a private pier, the subdivision developer must have satisfied Yadkin's applicable Environmental Assessment or Agency Consultation Process requirements and obtained subdivision access approval as set fo ~h ire `fadkin's Subdivision Access Approval. Eligibility Determination The EA provides sufficient information to determine whether Lots 1 - 12 meet these eligibility requirements. Minimum Requirements Lots 2-11 meet the requirement that adjacent landowners each have 200 feet minimum shoreline width for an individual pier. Lot 1 does not adjoin the reservoir and is accordingly not eligible for access to the reservoir. The developer is not requesting private residential access to the reservoir for Lot 12, but rather is proposing the installation of a community boat ramp on this lot. Lots 5, 6, 7, 8, 9, 10, and 11 meet Yadkin's minimum water depth eligibility requirement of eight feet within 75-ft of the shoreline or "/4 of the cove width, whichever is less. Lots 2, 3, and 4 do not meet Yadkin's minimum water depth eligibility requirement. Excavation may be an option to increase the water depth adjacent to Lot 4. However, there are areas of wetland vegetation adjacent to Lots 2 and 3 that prohibit excavation. Please keep in mind that any excavation must be conducted and completed in accordance with the specifications for Shoreline and Reservoir Alteration (Section VII) of the Shoreline Stewardship Policy. Additionally, as mentioned, excavation will not be permitted in wetland areas or areas where aquatic vegetation is present. In order to receive approval for excavation adjacent to Lot 4, the applicant must first satisfy the application requirements described in the SMP. Included in these requirements (but not limited to) is the approval of the US Army Corps of Engineers (USAGE) and the NC Division of Water Quality (NCDWQ) by way of a Section 404 permit and a Section 401 Water Quality Certification. only once the necessary permits and approvals are obtained may excavation occur. An excavation application has been enclosed for your convenience. The boat launch ramp proposed for Lot 12 must first satisfy the application requirements described in the Subdivision Access, Multi-use Facility Permitting, and Industrial Use Procedures (Procedures) of the SMP. Prior approval of the USACE and the NCDWQ by way of a Section 404 permit and a Section 401 Water Quality Certification will be required. Only once the necessary permits and approvals are obtained, including a signed construction permit from Yadkin and a professional engineer's certification that the ramp will be safe and structurally sound, may the installation of the boat ramp occur. 100-Foot Forested Setback In order to be eligible for a private pier, vegetation within 100-foot forested setback must be maintained as it existed prior to development. This approval of eligibility is given on the condition that, at a minimum, the existing buffer is maintained in accordance with the vegetation management guidelines outlined in `~'adkin's Shoreline Stewardship Policy (copy previously provided). Subdivision Access Approval Yadkin's applicable EA and/or Agency Consultation Process requirements for Subdivision Access Approval as set forth in the SMP have been satisfied. In summary, Yadkin has determined that Lots 5 -11 are eligible for an individual pier provided the conditions outlined above and within the Shoreline Stewardship Policy are met. Lot 4 meets the shoreline frontage and cove width requirements but does not meet Yadkin's minimum water depth requirement. Excavation may be an option to increase water depth provided that the conditions outlined above and within the Shoreline Stewardship Policy are met. The cove width adjacent to Lot 4 is approximately 150-ft. Yadkin's minimum water depth requirement would need be satisfied within 37.5-ft of the full pool elevation. Lots 2 and 3 meet the shoreline frontage and cave width requirements but do meet Yadkin's minimum water depth requirement. However, there are areas of wetland vegetation adjacent to Lots 2 and 3 that prohibit excavation and accordingly, Lots 2 and 3 are not eligible for reservoir access. Agency Recommendations Agency comments from the NCDENR, NCDPR, NCDWR, NCWRC, NCDCR, and Rowan County have been received and reviewed. In addition to the requirements of eligibility discussed above, Yadkin will require, through its construction and private recreation facility permits, that the following recommendations be met: • An in-water work moratorium is recommended to take place between April 1 and June 1. This recommendation is also contained within Yadkin's Shoreline Stewardship under the specifications for Shoreline and Reservoir Alteration. w ~ ~ • At such a time, approval of any excavation permit will only be granted if the requirements and specifications for excavation are met. • It is recommended that tl~e developer install suitable trees and brush under the pier to provide suitable aquatic habitat. Yadkin concurs with this recommendation. Final determination of any mitigation measures required will be determined in conjunction with the relevant permitting process. • The use of insecticide, herbicides, fertilizers, and cleaners must be avoided near or over water. Yadkin's SMP expressly prohibits the application of pesticides or herbicides in the Project reservoirs, on Project lands, or on the Yadkin-Managed Buffer without Yadkin's written permission. In accordance with the SMP and NCWRC's recommendation, the use of such chemicals shall not occur without prior approval. State erosion and sedimentation control measures must be strictly adhered to. Yadkin concurs that all applicable erosion and sedimentation control measures be applied. Final determination of any mitigation measures required or applicable regulations will be determined in conjunction with the relevant permitting process. • It is suggested that all disturbed areas be planted with native vegetative cover as soon as work in the project area has ceased. Yadkin concurs with this recommendation. Final determination of any mitigation measures required will be determined in conjunction with the relevant permitting process. It is suggested fo fhe extent any shoreline stabilization is to occur native trees, shrubs, and aquatic vegetation be planted along the edge of the shoreline. Yadkin concurs with this recommendation. Final determination of any mitigation measures required will be determined in conjunction with the relevant permitting process. Next Steps Once the required Subdivision Access Approval fee of $5,000.00 has been provided, Yadkin will consider The Bluffs at High Roclc EA complete for private individual pier development. This means that Yadkin will then accept and begin processing private pier applications from homeowners with a house under roof on lots 5 - 1 ~ . Yadkin will continue to work with the developer in accordance with its • Procedures to determine if the proposed boat launch ramp on Lot 12 may be installed. For Lot 4 successful completion of the excavation process must take place prior to that Lot being eligible for a private recreation facility. Any reservoir excavation must be conducted and completed in accordance with the specifications for Shoreline and Reservoir Alteration (Section VII) of the Shoreline Stewardship Policy. Assuming excavation achieves the required minimum water depth, and once the lot has house under roof on it, the property owner{s) could then apply for a construction permit for a pier accordance with the applicable SMP guidelines. Completion of the EA and this determination of eligibility will clear the way for Yadkin to begin processing the required excavation and other activity permits. This letter in no way constitutes pre-approval or conditional approval of any excavation, private pier, or activities to occur on the Yadkin-Managed Buffer, along the shoreline, or in the reservoirs (including installation of private individual or shared piers, or multi-use facilities, shoreline stabilization measures, pathways, or vegetation clearing). Permission to install, structures, construct piers, clear or plant vegetation or conduct excavation will be considered with the individual property owners and will be granted in accordance with Yadkin's existing policies and practices at such time as permission is applied for. Please feel free to contact me at (704) 422-5644 or robert.smet ar7,alcoa.com if you have questions or need additional information. Robert Smet Environmental and Natural Resources Manager Enclosure r r r dya SfA7~ y rARM '~aa a ~~~'~ North Carolina Department of Cultural Resources State Historic Preservation Office Peter D. Sandbeel:, Adminivrn,ar J.inbcth (.:. tScans, tiecrctarv Jeffrey J. C:ro,v, Deputy ticcretary October l 1, 2005 Suzanne L.I~nudsen S&IvIE 9751 Soudlenl Pine P~oulevard Charlotte, NC 28273 Office of Archives And I-listory Division of hlistorical Resources David Brook, Director Re: The Bluffs at High Roclc Lahe, Long Ferry Road, S&ME 1357-05-395, Rolvan County, ER 05-2287 Dear Ms. Itnudsen: Thanl: you for your letter of September 26, 2005, concerning the above project. We have conducted a review of the project and are aware of no historic resources that would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Ad~risory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 3G CFR Part 800. Thanl~ you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. in all future corrlmulucatian concerning this project, please cite the above-referenced t4acking number. Sincerely, ~~ e~7 ~. Peter Sandbeclc Location Mailing Address Telephone/Fax ADMINISTRATION 5117 N. Dluunt Strcct, Raleigh NC 4617 Alail tien•ice Ccn,cr, Raeigh NC 271,9')-4GI7 (919)733-4763/733-N653 RESTORATION 515 N. Illuunt Stnct, Raleigh NC 4117 Alni) Service Cem,cr, llalcigh NC 27699-4GI7 (919)73J-6547/715-4N111 SURVEY & PLANNING 515 N. Dluunt Stren, Raleigh, NC 4617 M1{ail Sen•ice Canter, lialeigh NG 27G')'I-4617 (919)733-G545/715.4HI11