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HomeMy WebLinkAbout20001516 Ver 1_COMPLETE FILE_20001206State 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 APPROVAL of 401 Water Quality Certification Mr. Charles Hutchens 1551ibsail Road Salisbury, NC 28146 Dear Mr. Hutchens: A N NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES December 10. 2000 Rowan County DWQ Project # 001516 You have our approval, in accordance with the attached conditions, to place fill material in 0.33 acres of waters for the purpose of removing sediment and stabilizing a shoreline at Lot 16, Anchor Davis subdivision, as you described in your application dated December 6, 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3280. This Certification allows you to use Nationwide Permit Number 030 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater. Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAJLa permit 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 with 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 Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Attachment cc: Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office File Copy Central Files Sin 1 , sevens Division of Water Quality • Wetlands/401 Unit 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 001516 "4011SSUED" August 2, 2000 North Carolina Division of Water Quality Mr. John Dorney 4401 Reedy Creek Road Raleigh, NC 27607 Dear Mr. Dorney, Porto PAYMENT RECEIVED As required by Yadkin, Inc. I am forwarding for your review a request for minor reservoir and shoreline modification. I am including seven sets of information as required, the US Corps of Engineers approval which was based on this identical package of information, and the $200 application fee. I believe I have included all requested information per the permit request form, copy attached. Please notify me should you require additional information. The request for dredging permit does not impact any wetland area, no area of cultural significance, and is intended solely to maintain access to existing docks where sedimentation buildup is currently threatening accessibility. Alcoa has requested we provide them with written concurrence from your department. Please return your written concurrence to the address below. Thank you in advance, Charles K. Hutchens Return To: Charles K. Hutchens 155 Jibsail Rd. Salisbury, NC 28146 (704) 721-6396 (work) (704) 636-2307 (home) Resource Impact Accessment No negative impact will be created for the High Rock Lake Basin. All excavation will occur within winter months during low water periods. All excavation will be performed in dry conditions, eliminating sedimentation runoff. The area for proposed excavation consists totally of sedimentatious deposits which have built up within the past 90 year period. No vegetation of any kind exists within the limits of the proposed excavation. No fish habitat of any kind including physical structure or topographic relief exists within the proposed excavation limits. Plans and Schedule for Conductinq the Proposed Excavation Proposed excavation is tentatively scheduled for commencement in January pending receipt of permit. All excavation is scheduled for completion within a two- week period after commencement based on discussions with the contractor. Target date for construction is January 95, 2009 Communications: All communications regarding the enclosed permit application should be forwarded to: Mr. Charles K. Hutchens 955 Jibsail Road Salisbury, NC 28946 (704) 636-2307 (home) (704) 729-6396 (work, 8:OOAM to 5:OOPM) r? Description of Proposed Excavation for Charles K. Hutchens Overview The proposed excavation is a result of sedimentation buildup along the frontage of and in the access channel to a lot owned and inhabited by Charles K. Hutchens. Said property is described as lot 16, Anchor Downs Subdivision, Providence Township, Rowan County, North Carolina. Sedimentation buildup has resulted in a decreased water depth approaching the main channel of High Rock Lake restricting access to a number of docks within the cove. The buildup does not permit adequate drainage of the cove, and is causing sedimentation deposits at an accelerated rate by modifying currents and eddy's within the cove. 1 propose to excavate the sedimentatious buildup to allow proper drainage of the cove and to restore boating access to existing dockage within the cove. Material Removal The total length of the proposed excavation is approximately 320 linear feet. At the tie in point to the existing lake bed, the width of excavation will be approximately 50 feet in width. The tie in point will be graded to match existing contours, and to eliminate any dramatic grade variations, creating a smooth tie in. The depth of sediment removal ranges from 0' at the beginning and ending points of excavation to a maximum depth of approximately 2' at the point to maximum sediment buildup. The estimated volume of spoils removal will be approximately 160 Cubic Yards. Proposed Disposal of Excavated Spoils I 0 ?? The proposed excavation is to be performed by. Z D Mr. Billy Ernhardt, Grading Contractor I b I o, 122 Foresail Rd. Salisbury, NC 28146 Ph: (704) 633-8989 Mr. Earnhardt is including as part of the cost of the grading contract, off-site disposal of all excavated material. Mr. Earnhardt has informed us he is disposing of the excavated material approximately 3 miles away from the lake basin at a parcel of property he owns on Leonard Rd. off Longs Ferry Road, Rowan County. Tenporary con- vzliDn Access Z'asemenl v too Q d1 • ? e 04 w ti (? K t •c.7 O O w M .-50 r es w • 00 4 i o? K M h" s S' ,mss' QD zo Z J ? 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Is Ct.??t? ,owe'vo re ow e ~ ~rs is ?.? . s ?S w?• r tA..j /A.f* A/.vt. Ote0 .tt?tto.ve O,I ? #0 C /t r Y - C/) "ArP OOW'W V-0 A.NO CA) POOP Aooo" ,vS. S? IF /yfI a ~/ ?i.t 1 ens i ^0 4ti /N A Cc •,t P V V QV e• It f.7••- %% ?o Z v a? 00 .???. WIJ • ?.?? ,. ti '? / jam/ . ^ ??,?fi i ?;? 10 :)Z 01- 12 qo 4r h ? .0,= ?i/ '00" 'Oop be '(0 llo? .00" lk kl- Ale 4ooop doo ?s G Exi s?in9 7ipoo9??phk Re/e ?t Proposed Orc4e NOf A0 &a,? mop 1 0 ? ? r V? V? b0C ;? . 'v? s_ 14 h to dop d h , /i/, % '? ? -`• = Drc? inyArea LPL / l/ ;'r go ? Of r t n , ?y N rs YADKIN* INC. APPLICATION FOR ACTIVITY PERMIT FOR RESI{RVOIR AND SHORELINE ALTERATION ON IIIOII ROCK RESERVOIR SECTION ONE-BACKGROUND INFORMATION (to he conrpletcd hr- tire Applicant) 1. Full Name (Adjoining Prope» • (At tic-r or Proposed Transferee) : (..hOIles 2. Permancnt Mailing Address: 3. Local Address (Ifdifferent): 4. Telephone (Business):f70¢)7Z/-G391o 5. 6. 9. 12. Fax No. and E-Mail (Optional): 281 M YMOKin i E (!.oral): 5a1)1G Reservoir. 7. Township: t/P??? J`-- ry:Awan Subdivision: ,Or 10. Section: 1 1. Parcel: Lot No.: J(o 14. Directions to property: 13. Tax Map No.:. Pp.-c-/ A0 15. Is the shoreline along the property described above designated as a High Cultural Probability Zone in Yadkin's Shoreline Management Plan (curle one, leave hlcutk i/yrm do not know) : Yes No SECTION TWO-INFORMATION NEEDED FOR ALTERATION OF SHORELINE (1hefollowing it fomiation mtest all lx attached to the application) l . Map of the reservoir area where the excavation is proposed - Applicant must a ttach a map of the area of the reservoir and adjoining shoreline property owned by the applicant where excavation is proposed. The map must clearly indicate the area of the proposed excavation and to what depth (contour elevation) the excavation is proposed. 2. Description of the planned excavation - Applicant must attach a written description of the planned excavation including an estimate of the reservoir bottom to be modified and the amount of material to be remove from the reservoir. 3. Plan for disposal of excavated material - Applicant must attach a written description of their plans for disposing of the excavated sediment. No sediment may be disposed of within the FERC project boundary (655 foot contour), or on property owned or managed by Yadkin or Alcoa. 4. Resource impacts assessment - Applicant must attach a brief written description of the potential impacts of the propose excavation activity on surrounding reservoir resources, including impacts to water quality and fish habitat. If there is any vegetation growing in or around the area of proposed excavation, it should be noted and the areas of vegetation should be photographed, and photos include with application. 5. Plans and schedule for conducting the proposed excavation - Applicant must attach a written schedule for completing the proposed excavation 6. Agency Approvals - Applicant must attach copies of written concurrence with the proposed excavation from the following agencies: U.S. Army Corps of Engineers (see back of this for m) North Carolina Division of Water Quality (see back of this form) North Carolina Department of Cultural Resources (required in High Cultural Probability Zones) (see back of this form) SECTION THREE (to be completed by the Applicant) I hereby apply for a permit to perform the above-described shoreline alteration at High Rock Reservoir. I agree to abide by all applicable requirements of Yadkin's Shoreline Management Plan, the conditions of the Activity Pen-nit for Shoreline Alteration and other Yadkin procedures and requirements. I also agree that NO WORK will begin until I receive an ACTIVITY P IT signed by Yadkin. 0 Si@tadueof t Q06sz?- (Permarient):11049315-230 7 Property owner: Mr. Charles K. Hutchens Address: 155 Jibsail Rd. Salisbury, NC 28146 Telephone No.: Size and Location of project (water body, road name/number, town, etc.): Lot #16 at Anchor Downs s/d on High Rock Lake. Description of Activity: Excavate approx. 160 CY of accumulated sediment from an approx. 16,000 SF area of open water on High Rock L. for the purpose of improving boating access. Excavated material will be disposed of at a contained, high ground location. Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344). (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: 198200030 Regional General Permit Number. Nationwide Permit Number. Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919)733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date November 21. 2000 Corps Regulatory Official Steve Chapin Telephone No. (828) 271-4014 Expiration Date of Verification December 31. 2004 CESAW Form 591 Revised July 1995 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 General Permit No. 198200030 Name of Permittee: General Public Effective Date: July 24, 2000 Expiration Date: December 31, 2004 DEPARTMENT OF THE ARMY GENERAL (REGIONAL) PERMIT A general permit to perform work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby renewed and modified by authority of the Secretary of the Army by the District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES IN LAKES AND RESERVOIRS OWNED, OPERATED AND/OR REGULATED BY PUBLIC UTILITY COMPANIES AND THE TENNESSEE VALLEY AUTHORITY (TVA) IN THE STATE OF NORTH CAROLINA. These lakes and reservoirs were constructed and exist primarily for the purposes of generating hydroelectric power and/or providing water supply. They were constructed and operated by public utility companies or under laws and regulations administered by the TVA. Activities within these waters are the primary concern of, and should be regulated by, these parties. This general permit applies to all waters on or within lands owned or under flowage easement to public utility companies and the TVA. Activities authorized are: a. Construction of piers, floating boat docks, boat shelters, boat houses, boat ramps, jetties and breakwater structures and installation of dolphins, pilings and buoys, using commonly contours. f. Boat ramps will not exceed 20 feet in width. No material for construction will be placed in wetlands. Excavation is limited to the area necessary for site preparation and all excavated material must be removed to uplands. g. This general permit does not authorize the installation of fueling facilities on authorized structures. h. Decking for piers, docks, boathouses and boat shelters will accommodate loads not less than 50 pounds per square foot. i. Wood will be pressure-treated except in areas of boathouses or boat shelters protected from the weather. Metal or pre-cast concrete pilings are acceptable. j. Metal pilings or beams will have a minimum section thickness of 3/16 inch. k. Floating structures will be supported by material that will not become waterlogged or sink when punctured and will be installed to provide for fluctuations of water elevation and not break away. 1. Shoreline stabilization activities (bio-engineering techniques, construction and backfill of bulkheads, and the placement of riprap material) are only authorized along shorelines void of wetland vegetation, or where construction is accomplished landward of such vegetation. This general regional permit does not authorize the discharge of dredged or fill material in marsh or wooded wetlands. m. Bulkhead and riprap alignments will trot extend farther than an average distance of 2 feet waterward, 5 feet maximum, from the normal pool elevation contour and may not extend more than 500 feet along a shoreline. Riprap will be placed at the base of all bulkheads and will extend a maximum of three (3) feet waterward on a 2:1 slope. n. Not more than an average of one cubic yard of fill material per running foot of shoreline will be placed within waters of the United States. o. All fill material will be obtained from an upland source and confined landward of bu ' ' scads. p. All fill material, including riprap material, discharged into waters of the United States, must be free from pollutants in 1,-xic amounts. The use of metal products, organic materials, Y. I ms general tAcuuIL uvw iwL uu?.?...?. ?..? .. ._ __._.-- -- nonwater-related use. z. This general permit does not apply to structures within existing or proposed marinas. A marina is defined as any publicly or privately owned dock, basin or wet boat storage facility constructed to accommodate more than 10 boats. aa. All work will comply with Water Quality Certification No. 3280, issued by the North Carolina Division of Water Quality (NCDWQ) on June 1, 2000. 2. General Conditions. a. All activities authorized by this general permit that involve the discharge of dredged or fill material in waters of the United States will be consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, pre-treatment standards and management practices established pursuant to the Clean Water Act (33 U.S.C. 1344) and applicable State and local law. If the proposed activity involves the discharge of dredged or fill material in waters of the United States, prior to the commencement of any work, the applicant will satisfy the North Carolina Division of Water Quality (NCDWQ) regarding the need for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. b. There will be no unreasonable interference with navigation or the right of the public to riparian access by the existence or use of activities authorized by this general permit. c. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. d. A permittee, upon receipt of written notice from the Wilmington District Engineer of failure to comply with the terms or conditions of this general permit, will, within 60 days, without expense to the U.S. Government, and in such manner as the Wilmington District Engineer may direct, affect compliance with the terms and conditions or return the worksite to a 1. This general permit will not be applicable to proposed construction when the Wilmington District Engineer determines, after any necessary investigations, that the proposed activity would adversely affect areas which possess historic, cultural, scenic, conservation or recreational values. Application of this exemption applies to: (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and recreational rivers established by State and local entities. (2) Historic, cultural or archeological sites listed in or eligible for inclusion in the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. (4) Endangered or threatened species or habitat of such species as determined by the Secretaries of Interior or Commerce and concerned in accordance with the Endangered Species Act (16 U.S.C. 1531). m. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program which prohibits any development, including fill within a floodway that results in any increase in base flood elevations. n. At his discretion, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific construction proposal. In such case, the procedure for processing an individual permit in accordance with 33 CFR 325 will be available. o. The permittee or the permittee's successors will maintain the authorized work in good condition and in conformance with the terms and conditions of the general permit. BY AUTHORITY OF THE SECRETARY OF THE ARMY: TamPC W ThT nnv ?o?`vZ?j3r? \ t" ? t , ' r 2 Oa n i° \ a V r L ? ? e h , i N h?, s i f Y I ii 1 h i? M? rl a, b? .l X4 W O Z ? V h 2 Q ? 04 2 . V ? . U O ?0 Z ? ? 2 Q Q Q. 0 16 L 0 16 if\?•'??ee16 l h ? y r\ 1\ h 0 .... ' ? .?o;?33t Y! ? q TV! h a" lk * kv` , f I?V?? Z O%b ?' h 4 I r 0 M M V M O 2 a 0 M 4 M M a ao w 0 OR J fig 4 PROPERTY SURVEY FOR: CHARLES KENNETH HUT CHENS po RH, 2 V• Q ? 1 d' _ Q Q o O J tO OV J a Q . ? W y ti LOT 17 Z THOMAS H. SHEA DR 818-69 VICINITY MAP * NOT TO SCALE S Sg. YELL A? CFO 6p, ll?lp I Hoc s?• H \ O NOTE: THE LAKE BOUNDARY OF THIS LOT RUNS WITH THE 655 FOOT CONTOUR. \ 1 ALCOA Datum I LEG EN ? Existing Slone 0 Existing Iron • New Iron 6 Point x Noil f Centerline RW Right -of -Woy LOT 16 OF ANCHOR DOWNS, SECTION, ONE PROVIDENCE TOWNSHIP-ROWAN CO. N.C. ? CnR 821 DEED BOOK PAGE 220 O,/ ?(? ; .. I ?. ^.,• .t BOOK OF MAPS PAGE 1209 •I TAX MAP 612 PARCEL 80 r.R l L SCALE I It - 30 DATE 12-9-98 '0: ???• c= cu - NOTE: THIS PROPERTY IS NOT IN A DESIGNATED ?. `Il?.tt``C FLOOD HAZARD AREA. STIR!/FY H MAP BY SHULENBURGER SURVEYING CO. 516 N. MAIN ST., SALISBURY, N.C. PHONE 637- 9623 Rp, \ r ti co m 0 1 J N W 3 Q J Q d n 0 J