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.
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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