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HomeMy WebLinkAbout19990710 Ver 1_COMPLETE FILE_19990616Duke Duke Power Power Group Environment, Health Safety Paft A Duke Energy Company MG03A5 13339 Hagers Ferry Road Huntersville, NC 28078-7929 March 29, 2000 s - " Mr. Steve Chapin Asheville Regional Field Office WETLANDS MOLIP 4?JATER UALITY SECTIbN U.S. Army Corps of Engineers 151 Patton Avenue, Room 143 Asheville, North Carolina 28801-5006 Subject: Duke Power - Application for General Permit 198200030 ACOE ID# 199930973 Allen Fishing Access Area Record No: AS 005157 Dear Mr. Chapin: Duke Power applied for and obtained General Permit 198200030 for upgrading the Allen Fishing Access Area located in Gaston County, North Carolina. The scope of this project has changed since the permit was obtained. These changes include: • Length of the trail adjacent to the river has been reduced from approximately 400 linear feet to approximately 340 linear feet. • The trail alignment has been shifted slightly. This realignment will result in less fill material per linear foot of shoreline than the original design. The revised estimate is that the project will result in 0.6 cubic yards of fill material per linear foot of shoreline. • Two 10' x 30' handicap accessible wooden fishing piers have been incorporated into this project Attached is a revised drawing which indicates the above changes for this project. Per our telephone discussion, you indicated that these changes would not require a permit modification. Should you need additional information, please contact me at (704) 875-5965. Sin erely, Jo n Estridge, Engineer Environmental Division/Water Protection Attachments cc: Mr. Sumar Bou-Ghazale - Mooresville Regional Office (with attachments) V Mr. John Dorney - Division of Water Quality/Wetlands/401 Unit (with attachments) State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director 0 • 46 2 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 9, 1999 Gaston County DWQ Project # 990710 Approval of 401 Water Quality Certification John Estridge Duke Energy Corp. 13339 Hagers Ferry Road Huntersville, NC 28078-7929 Dear Mr. Estridge: You have our approval, in accordance with the attached conditions, to place fill material for the purpose of constructing the Allen Fishing Access Area on Lake Wylie, as you described in your application dated July 1, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification number 3099. This Certificate allows you to use General Permit Number 198200031 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permit before you go ahead with your project including (but not limited to) Sediment and Erosion, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA expires unless otherwise specified in the General Certification. 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 send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying wit all conditions. 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). For this approval to be valid, you must follow the conditions listed in the attached Certification. This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided 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 Statues to the Office of Administrative Hearings, PO Box 27447, Raleigh, NC 27611-7447. This Certification and its conditions are final and binding unless you ask for 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 919-733-9646. Sincerely, Kerr T. Stevens Division of Water Quality • Environmental Sciences Branch Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper Cc: Wilmington Corps of Engineers Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office John Dorney Central Files 990710.1tr MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Duke Energy Corporation Project Number 99 0710 Recvd From APP Received Date 7/1/99 Recvd By Region 7/12/99 Project Type Fishing Access Samar Bou-ghazale Bpx GIP-awn County Gaston County2 Region Mooresville Certificates Stream Stream Impacts (ft.) Class -r Permit Wetland Wetland Wetland Stream Acres Feet K Type Type Impact Score Index Prim. Supp. Basin Req. Req. y. , 18 ? O YO N ? 11-122 WSIV ? 30,834. 1 F__ F__ F- ?? ON F F? Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? O YO N Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N Is Mitigation required? O Y # N Recommendation: 00 Issue O Issue/fond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) cc: Regional Office Central Office Page Number 1 Facility Name Duke Energy Corporation County Gaston Project Number 99 0710 Regional Contact: Samar Bou-ghazale Date: Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 r - ? r DE4 ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1). NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET) PLEASE PRINT. 1. OWNERS NAME: Duke Energy Corporation 2. MAILING ADDRESS: 13339 Hage G Ferry Road SUBDIVISION NAME: CITY: Huntersville STATE: NC ZIP CODE: 28078-7929 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE) : I-85 S, take Belmont-Mt. Holly exit, turn left onto Hwy 273, cross over Wilkenson Blvd., at stop sign turn left on 3. TELEPHONE NUMBER (HOME) : (WORK) _( 704.) 875-5965 4. IF APPLICABLE AGENT'S NAME OR RESPONSIBLE CORPORATE ..OFFICIAL, ADDRESS, PHONE NUMBER: John Estridge (704) 875-5965 13339 Hagers Ferry Road Huntersville. NC 28078-7929 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Gaston NEAREST TOWN OR CITY: Belmont SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) _see attached map * Southpoint Road, go 4 miles. Allen Steam Station is on the left. 6. IMPACTED OR NEAREST STREAM/RIVER: Lake Wylie RIVER BASIN: Catawba River 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 [ ) NO [XI IF YES, EXPLAIN: 7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT ARE OF ENVIRONMENTAL CONCERN (AEC) ? YES [ ) NO (X ) 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION: N 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ..j NO [ X ) IF YES, PROVIDE ACTION I. D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE .FUTURE? YES [ j NO [ X] IF YES, DESCRIBE ANTICIPATED WORK: 9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:' 22.799 acres 1.02 acres disturbed 9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0 - 10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: N/A EXCAVATION: N/A FLOODING: N/A OTHER: N/A DRAINAGE: N/A TOTAL ACRES TO BE IMPACTED: N/A 10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: N/A FT AFTER: N/A FT WIDTH BEFORE (based on normal high water contours): FT WIDTH AFTER: N /A FT AVERAGE DEPTH BEFORE: N/A FT AFTER: N/A FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: NL_ PLACEMENT OF PIPE IN CHANNEL: CHANNEL ELEVATION: N/A CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS 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%m x 11" DRAWINGS ONLY): See attached 13. PURPOSE OF PROPOSED WORK: This access area is for public recreational purposes. 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 U.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 CIRTICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. letter. DATE CONTACTED: 6/24/99 sent (ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: 6/2499 letter sent 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [ ] NO [ X j (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT N/A PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [ ] NO [ ] _b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT N/A OF ADMINISTRATION STATE CLEARINGHOUSE? YES [. J NO [ ] IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATIO14 FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT 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. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVO:,VES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Steam Electric Power Generation f. IF APPLICABLE, WHAT. IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A g. SIGNED AND DATED BY AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U. S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION. (0 17- uhf OWNER WAGENT'S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18G.)) DUKE POWER COMPANY ALLEN FISHING ACCESS AREA PROJECT DESCRIPTION June 18, 1999 Duke Power Company proposes to improve the Allen Fishing Access Area provided for the general public on Lake Wylie. The project is located in Gaston County, North Carolina near NC Highway 273 and Duke's Allen Steam Plant. CURRENT CONDITION OF SITE The existing site consists of a paved parking lot and earthen paths. A path leads from the parking lot downhill to the . discharge canal near Allen Steam Plant (Lake Wylie). The fishing trail path is located on the bank parallel to the discharge canal. PROPOSED DEVELOPMENT Plans for the site are: upgrade and pave the access trail between parking lot and discharge canal to provide handicap access. Upgrade and pave the fishing trail parallel to discharge canal. The fishing trail (approximately 400 feet long) will be wide enough to allow others to pass while handicapped persons are fishing. The existing paved parking lot will have new parking lot stripes painted to designate 4 handicap parking spaces and approximately 22 standard spaces. Intentions are to perform construction in 1999. 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 and paving of access trail and fishing trail to provide handicap access. - Restriping existing parking lot and installing handicap parking signage. Finish grading and sodding, grassing and/or rocking of edges along access path, fishing trail, shoreline and other structural components to establish natural erosion control. - Installation of new trash can pad. Installation of FERC regulatory signs. V ! Q„ Z Q z = ? LJL W¢Q U J Q Q J cn m co CO 0 m sag N p im D b .•a' 0 , O ? 4 t? 91 - p ul??a a f h voo I w UL k I W .a. nR - Q U_ J° ?a x . O J Lu C) ~ m 0- U) ?i w O Oz Q > Y caa ?,ol W • U \ O U O 00 Z ? w U pOE 1 gco • 1 k.00 W m i? LLJ 3 ? 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I, 145 ................. 105 100 ..._........... ----•• 100 95 .......... .`.?. ._.. 95 90 .......... ... 90 85 85 -30 0 30 110 ...... 105 100 ------- 95 ...... 90 ------- 85 -30 0+75 0 0+50 PROVIDE 54 FILL SLOPE BETWEEN -,STA- 0.00 TO STA.1.25 110 105 100 95 90 85 30 110 ...................... 110 105 .............. 105 100 ------ ..?. ....... 100 95 ---------- :...? ?... 95 90 90 -30 0 30 1+75 PROVIDE 2=1 FILL SLOPE BETWEEN STA. 1.25 TO STA.3#00 110 .................. --- 110 105 ......... 105 100 ............... ....... 100 95 ----------------- --- 95 85 85 -30 0 30 1+50 110 ...................... 105 ? ................ 100 ....... ..... 95 .. \ \ -- 9o .......... ?........... 85 -30 0 30 0+25 110 110 --------.•. ••...... 110 105 105 ........... 105 100 too .......... 7 . ----- too 95 95 ..........? .. ?. .... 95 90 90 ---------- ......... 90 85 85 85 -30 0 30 110 ...................... 110 105 `...--••-: --••----- 105 100 ------ loo 95 ............ \-- ----- 95 90 ......_......._` 90 8s 85 --30 0 30 0+00 1+00 110 SEE TYPICAL BANK SECTION 105 FOR STABILIZATION MEASURES REQUIRED FOR THE BANK FROG STA- 0.00 TO 4.16 100 95 90 85 30 1+25 110 ..................... 105 ... ........ 100 ..... N ?. .... 95 ............... Fl SH IN G TRAk 90 \ SECTION B-13 85 A,' V NZI UU S STATIONS -30 0 C S a% gS'ZOL A913: : Zi'9t • 41Ad: .-•--- -- 1 1 ..-..... 1 I M ? O a :r :I 6g'l0l Aaj3 OS'8Z•£ Ihd i 1 40 0 g\ N? r 1 S9701, A013: / LO•£fi•Z IAd: I a 3 1 : 3 1 a ' ' ..... Sl? ze . . ........ .......... S9't0t A913 o ? £t'6L•t lid 1 W 1 1 S N I W pp W ?. -:A U• d \ Z. X• ' W' ?g-Zoj A913: OS•69.0 IAd: I 1 I • 1 I ' x i 0 1 I CL N I S9'LOl A J3 i 00'00.0 IAd o ,n CD, Ln 00 m 0 a, 0 06+6 00+1 00+£ } 3 Y 3 1- a OO+Z LLJ J ILL. O N: CL OO+t 00+0 Q O v u I Allen Fishing Access Area Adjacent Property Owners 1. Glenn E. Lytton PO Box 1143 Belmont, NC 2. Duke Energy Corp 422 S. Church St. Charlotte, NC 28242