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HomeMy WebLinkAbout20010294 Ver 1_COMPLETE FILE_20010227O?GF W A-rk O, Michael F. Easley Governor Uj r Sherri Evans-Stanton, Acting Secretary ] Department of Environment and Natural Resources p Kerr T. Stevens Division of Water Quality March 22, 2001 Catawba County DWQ Project # 010294 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Robert Caccia Duke Energy Corporation 13339 Hagers Ferry Road Mail Code: MG0345 Huntersville, NC 28078-7929 Dear Mr. Caccia: You have our approval, in accordance with the attached conditions and those listed below, to waters for the purpose of improving an existing boat accesarea on lookout Shoals Lake at Lookout Dam Road as described in your application dated February 27, 2001. 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 General 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 Water shed regulations. This approval will expire when the accompanying 404 or CAMA 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 except as modified below. If you change your project, you must notify us and you may be required to 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) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. The existing beach shoreline shall not be disturbed or shall be restored to its present configuration after this work is completed. 2. A grassy Swale shall be constructed from the new parking lot in order to protect downstream water quality. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733- 9646. ?w? NM*O Division of Water Quality Wetlands/401 Unit: (919) 733-1786 Fax: (919) 733-9959 1621 Mail Service Center Raleigh, NC 27699-1621 0? oS\ W Ar?9Q ? b__ w-- , N Attachment Michael F. Easley Governor Sherri Evans-Stanton, Acting Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality Si PSte s of Engineers Asheville Field Office cc: Corps Mooresville DWQ Regional Office File copy Central Files MENR Division of Water Quality Wetlands/401 Unit: (919) 733-1786 Fax: (919) 733-9959 1621 Mail Service Center Raleigh, NC 27699-1621 MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Duke Energy: Lookout Access Area County Catawba Project Number 01 0294 County2 Recvd From APP Region Mooresville Received Date 2/27/01 Recvd By Region Project Type access area upgrade Certificates Stream Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. FT-3 _0 Waters P77@) N 11 (73) WSIv B CA 30,832. Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y t0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y (0 N Recommendation: OQ Issue 0 ISSue/Cond 0 Deny Provided by Region: Latitude (ddmmss) 354536 Longitude (ddmmss) 810600 Comments: The applicant proposes to make improvements to an existing _public boat access area on Lookout Shoals Lake. The' its ovemeinclude: enlarging and paving the parking area; re nI_acina the e _ existing two boat ramps and three small docks with much longer ramps and a longer pier between them. The MRO has no objection to the project proposal but would like to see the existing "beach" shoreline kept intact. This office also recommends that a grassy swale be constructed along the lake side of the new parking lot in order to catch trash and debris as well as to retain some stormwater before entering the lake, cc: Regional Office Central Office Page Number 1 010294 DWQ ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 198200030 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 MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: Duke Enemy Corporation rn 2. MAILING ADDRESS: 13339 Haters Ferry Road Mail Code: MG03A5 C, SUBDIVISION NAME rn C7 --i CITY: Huntersville STATE: NC ZIP CODE: 28078-7929 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): Lookout Access Area is located near Lookout Dam Road in Catawba County on Lookout Shoals Lake. 3. TELEPHONE NUMBER: (HOME) (WORK) (704) 875-5268 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Robert W. Caccia (704) 875-5268 13339 Ha¢ers Ferry Road Mail Code: MG03A5 Huntersville, NC 28078-7929 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Catawba - NEAREST TOWN: Catfish SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) See attached map 6. IMPACTED OR NEAREST STREAM/RIVER: Lookout Shoals Lake RIVER BASIN: Catawba 7. (a) 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 Q NO ® IF YES, EXPLAIN: (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES 0 NO (c) 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/A 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES [:] NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (-INCLUDE PHOTOCOPY OF 401 CERTIFICATION): None we are aware of. (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES E] NO ® IF YES, DESCRIBE ANTICIPATED WORK: 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: Access area 2.7 ac Total Duke property 30.287 ac (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: None 10. (a) 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 (b) (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): N/A FT AVERAGE DEPTH BEFORE: N/A FT AFTER: N/A FT (b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: N/A PLACEMENT OF PIPE IN CHANNEL: N/A CHANNEL EXCAVATION: N/A CONSTRUCTION OF A DAM/FLOODING: N/A OTHER: N/A It. 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; 8.1/2 BY I I DRAWINGS ONLY) See attached project descriptions. 13. PURPOSE OF PROPOSED WORK: This access area if 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 US FISH AND WILDLIFE SERVICE AND/OR NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: Letter dated 2/22/01. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED Letter dated 2/21/01. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS ORT THE USE OF PUBLIC (STATE) LAND? YES ? NO ® (IF NO, GO TO 4-618) (a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT 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 OF ADMINISTRATION STATE CLEARINGHOUSE YES F-] NO ? IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE 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 INVOLVES THE DISCHARGE OF EXCAVATED ORI-? 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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET ORF 1 INCH EQUALS 100 FEET OR€ THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCTPROJECT. (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? Recreational. (f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO: I. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, 2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY CERTIFICATION, AND 3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM, I Ilk A ZI L L (7 OWNER'S/AGENT'S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). DUKE POWER LOOKOUT ACCESS AREA PROJECT DESCRIPTION JANUARY 16, 2001 Duke Power proposes to improve Lookout Access Area provided for the general public on Lookout Shoals Lake. The project is located in Catawba County, North Carolina near Lookout Dam Rd. CURRENT CONDITION OF SITE The existing site is comprised of a gravel parking lot and paved turnaround area with 2 boat ramps and 3 loading piers. PROPOSED DEVELOPMENT Plans for the site are to: remove 2 existing boat ramps and 3 loading piers, improve and pave the entrance drive, install 2 new boat ramps, install 1 new loading pier, and expand parking lot to approximately 53 lighted spaces. Existing and new parking spaces will be paved. Intentions are to perform construction in 2001. The scope of this project will include: - Installation and removal of erosion control devices. - Removal of existing boat ramps and loading piers. - Clearing and removal of debris as necessary to accommodate project layout. - Improve and pave the entrance drive. - Grading, stone base and paving of ramp turnaround area and enlarged parking lot to sustain light duty traffic. Asphalt curbing will be placed along the turnaround and some parts of the parking lot edge. - Preparation of ramp bed for (2) 100 foot long boat ramps with class B riprap (five inch to 15 inch diameter stone). - Installation of (2) 100 foot concrete boat ramps. Ramps are expected to be constructed of 7 inch thick reinforced concrete mat with curbing to specified dimensions. - Installation of 25 foot wide by six inch thick concrete apron to adjoin boat ramps with concrete curb extending from ramp to edge of concrete apron. - Installation of (1) 100 foot long loading pier and concrete pier abutment for access. Pier shall be located between the concrete ramps. Pier procurement and installation will be by North Carolina Wildlife Resources Commission. - Finish grading and grassing and/or rocking of edges along entrance road and parking lot, shoreline and other structural components to establish natural erosion control. - Installation of parking lot lights. - Installation of new trash can pad. - Installation of FERC regulatory signs. ALEXANDER C UNTY . 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Lookout Access Area Quantities of Material Placed in or Dredged from Water Volume of riprap under ramps = 110 cy Volume of two concrete ramps = 117 cy Dredging (cut) to install ramps = -16 cy Net estimated volume increase 221 cy (approximately) Lookout Access Area Adjacent Property Owners at Shoreline January 16, 2001 Michael C. Mays 4585 Sunrise Beach Road Catawba, NC 28609 Carolina Centers LLC PO Box 1003 Charlotte, NC 28201-1003 P Duke Power. A O,k, 1,-K, (lyFebruary 22, 2001 Mr. John Dorney North Carolina Department of Environment, and Natural Resources Division of Water Quality/Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Subject: Duke Energy - 401 Water Quality Certification Request Lookout Access Area upgrade on Lookout Shoals Lake Certified: 700 1670 0002 1812 2449 Dear Mr. Dorney: Duke Power Group Environment, Health & Safety MG03A5 13339 Hagers Ferry Road Hunrersvillc, NC; 28078-7929 010294 Duke Energy is applying for General Permit 198200030 from the Army Corps of Engineers for upgrading the existing lake access area located on Lookout Shoals Lake. This letter is requesting 401 certification for activities associated with this construction. The Lookout Access Area is located in Catawba County. As required, please find seven (7) copies of the `Pre-Construction Application Form' that includes the associated maps, drawings, a list of property owners and project description needed to process and issue a permit for this work. A check in the amount of $200 (CK# 439047) is also enclosed to cover the 401 permit fee. Should you need additional information, please contact me at (704) 875- 5268. Sincerely, /&e75(- 4V, ate. Robert W. Caccia Engineer, Water Compliance PAYMENT RECEIVED Attachments: 7 - Pre-Construction Application Forms, $200 check for application fee