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HomeMy WebLinkAbout20010845 Ver 1_COMPLETE FILE_20010605Michael F. Easley u. Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality June 14, 2001 DWQ# 01-0845 Catawba County Charles H Kenworthy Post Office Box 3210 Hickory, NC 28603 APPROVAL of 401 Water Quality Certification Dear Mr. Kenworthy: You have our approval, in accordance with the attached conditions, to place fill in 0.0025 acre of waters in order to construct a seawall and pier on your property on Lake Hickory in Catawba County, as you described in your application materials received by the Division of Water Quality on June 5, 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 Regional Permit Number 198200030 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 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 you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the 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. 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 919-733-9646. Sincerely, Kerr T. Stevens Attachment cc: Corps of Engineers Asheville Regulatory Field Office Mooresville DWQ Regional Office Central Files File Copy North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604.2260 (Location) rI 401 ISSUED' 01 0845 DWQ ID: _ CORPS ACTION ID: _ '17 NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 9) _ F T1 ? f ri rn z PRE-CONSTRUCTION NOTIFICATION APPLICATION ° -- I 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). EVEN COPIES MUST BE SENT TO THE NC DIVISION OE WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: Charles H. Kenworthy 2. MAILING ADDRESS:- P, 0. Box 3210 Hickory, NC 28603 SUBDIVISION NAME, -Spring Lake CITY: -STATE: - ZIP CODE: - Hickory, NC 28603 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 5250 36th Street Drive NE Hickory, NC 28601 3. TELEPHONE NUMBER: (HOME) ` (WORK) _ (828)328-3348 (828)322-5067 4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: - - NEAREST TOWN: _ Catawba Hicko SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) _ Springs Road to Sulphur Springs Rd. Travel 2.1 mi. TL onto 36th St. DR. NE. 3rd Lot from end on right. 6. IMPACTED OR NEAREST STREAM/RIVER: RIVER BASIN: - - Lake Hickory 7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGII QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-11)? YES 0 NO ® IF YES, EXPLAIN: _ (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES Q NO (c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WI1AT IS THE LAND USE PLAN (LUP) DESIGNATION? - No. r 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): - No. (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK: _ 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: _ .47 acres. (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0 acres. to. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: _ EXCAVATION: _ FLOODING: OTHER : _ DRAINAGE_ TOTAL ACRES TO BE IMPACTED: _ 0 acres. (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: _ FT AFTER: _ FT WIDTH BEFORE (based on normal high water contours): _ FT AVERAGE DEPTH BEFORE: FT AFTER: FT (b) (2) STREAM CHANNEL IMPACT'S WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: _ PLACEMENT OF PIPE IN CHANNEL: _ CHANNEL EXCAVATION:. CONSTRUCTION OF A DAM/FLOODING: _ OTHER: - None 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA7 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY) Construction of wood seawall and wood pier with single boat slip. 13. PURPOSE OF PROPOSED WORK:_ To limit soil erosion and to retain shore line. Pier is to be constructed for storage of boat and recreational use of river. 14. STATE REASONS WHY IT IS BELIEVED THAT TIIIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) 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 14ABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: _ Sent letter to Mark Cantrell notifying of intentions. 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 _ Talked with Renee Gledhill-Earley May, 10, 2001. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC (STATE) LAND? YES ? NO ® (IF NO, GO TO 16) (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, HASTTHE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ? NO [] IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTII CAROLINA ENVIRONMENTAL POletCY 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 OF 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 OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (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. (c) WHAT IS LAND USE OF SURROUNDING PROPERTY? _ (f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? _ 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 WJ91-1 THE NORTH CAROLINA COASTAL MANAGEMENT OWNER'S/AGENTS SIGNATURE DA (AGENTS SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). 401 ISSUED PO Box 3210 Hickory, NC 28603 June 1, 2001 PAYNIE RECEIVED John DorneP?1"Ybs UP Wetlands Unit - (r Parkview Building 2321 Crabtree Blvd. Raleigh, NC 27604 01 0845 Dear Mr. Dorney, I am submitting the pre-construction notification application requesting approval to build a sea wall along the edge of my property located at 5250 30h Street Drive NE Hickory on Lake Hickory in Catawba County. I would like to build a four-foot high sea wall along the edge of my property, which is 109 feet in length, to help to control erosion into the lake. Over the years that I have owned the property there has be approximately two feet of erosion that has occurred. The shoreline is located approximately nine feet from the normal water level of the lake. By building the sea wall, to be constructed of Allan Block morterless masonry, I believe that 1 will be able to stabilize the shoreline, when the water level rises, and prevent any further erosion as well as limit the amount of runoff into the lake. The sea wall will be bui13_as close as possible to thegx t _sk?oreline, thus maintaining as much of the beach as possible. This project is expected to take approximately two weeks from start to knish and all efforts will be taken to complete the project with minimal disturbance to the environment. I have met with Wade Harmon of Duke Power Lake Management and he has stated that the property is a good candidate for a sea wall. He has also given preliminary approval for the construction of a pier as well. I have enclosed a copy of the Application for Permit to Stabilize the Shoreline in North Carolina. I have also received an approval letter from the Fish and Wildlife Service in Asheville, of which 1 have enclosed a copy, stating that at this time there are no endangered or threatened species in my area and requesting stringent erosion control prior to ground disturbance. I have also enclosed a copy of my property survey, which has the location of the sea wall highlighted as well as the proposed pier. You will also find a copy of the Duke Power Directions by Road Form along with several maps enclosed to help locate the project site. 1 believe that I have enclosed all appropriate material, along with a $200.00 check to cover the fee, if there is anything further that I can do please do not hesitate to call me at 828-322-5067. Thank you for your help with this request. Thank you, l Charles Kenwogyo?? r 4 l . 010845 401 ISSUED-, ' l DWQ IDS; CORPS ACTION ID: - NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT t) _ PRE-CONSTRUCTION NOTIFICA'T'ION 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 OE WATER QUALI'T'Y. AWN: JOIN DORNEY, 4401 REEDY CREEK ROAD, RALEIGII, NC 27607. PLEASE PRIN'T' OR TYPE. 1. OWNER'S NAME: Charles H. Kenworthy 2. MAILING ADDRESS: -P.O. Box 3210 Hickory, NC 28603 SUBDIVISION NAME -Spring Lake CITY: -STATE: - ZIP CODE: _ Hickory, NC 28603 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 5250 36th Street Drive NE Hickory, NC 28601 3. TELEPHONE NUMBER: (HOME) _ (WORK) _ (828)328-3348 (828)322-5067 4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: - - NEAREST TOWN: _ :.1:-) 1 _ Catawba Hick' SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) _Springs Road to Sulphur Springs Rd. Travel 2.1 mi. TL onto 36th St. DR. NE. 3rd Lot from end on right. 6. IMPACTED OR NEAREST STREAM/RIVER: RIVER BASIN: _ - Lake Hickory 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-11)? YES E] NO ® IF YES, EXPLAIN: _ (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES E] NO (c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 Folk LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? - No. S. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT7 YES p NO ?X IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): _ Na. (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES O NO ® IF YES, DESCRIBE ANTICIPATED WORK: _ 9. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND:_ .47 acres. (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0 acres. to. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: _ EXCAVATION: _ FLOODING: _ OTHER : _ DRAINAGE - TOTAL ACRES TO BE IMPACTED: _ 0 acres. (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: _ FT AFTER: _ FT WIDTH BEFORE (based on normal high water contours): _ FT AVERAGE DEPTH BEFORE: FT AFTER: FT (b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: _ PLACEMENT OF PIPE IN CHANNEL: _ CHANNEL EXCAVATION:. CONSTRUCTION OF A DAM/FLOODING: _ OTHER: - None 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY) Construction of wood seawall and wood pier with single boat slip. 13. PURPOSE OF PROPOSED WORK: _ To limit soil erosion and to retain shore line. Pier is to be constructed for storage of boat and recreational use of river. 14. STATE REASONS WHY IT IS BELIEVED THAT 111IS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) 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 TIIAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATECONTACTED:_ Sent letter to Mark Cantrell notifying of intentions. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SIAPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICI-I MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED _ Talked with Renee Gledhill-Earley May, 10, 2001. .! 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC (STATE) LAND? YES E] NO ® (IF NO, GO TO 16) (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 [] NO [] IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL P%ICY 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 OF 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 OF I INCA EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (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. (c) WHAT IS LAND USE OF SURROUNDING PROPERTY? _ (I) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? _ 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 CONSIS-UENT WIN THE NORTH CAROLINA COASTAL MANAGEMENT OWNER'S/AGENTS SIGNATURE DA (AGENTS SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM TIDE OWNER IS PROVIDED). DUKE POWER LAKE MANAGEMENT, EC12-Q 0 1 0 8 4 5 ° P O BOX 1006 CHARLOTTE, NC 28201-1006 704-382-1567 or TOLL FREE 1-800443-5193 APPLICATION FOR PERMIT TO STABILIZE TIIE SHORELINE IN NORTH CAROLINA Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER, TO ABOVE ADDRESS. L Applicant Information A. Name Charles H. Kenworthy B. Mailing Address PO Box 3210 Hickory, NC 28603 C. Telephone: (828) 322-5067 IL Location of Proposed Project A. Lake Hickory B. Street Address 5250 36th Street Drive NE C. County Catawba D. City, town, community or landmark Hickory E. Section NE, Lot N 3 Subdivision Spring Lake F. Directions to property byroad From Springs Road turn onto Sulphur Springs Road at Stop Light. Travel approx 2-1 miles. TL onto 36th Street Dr. NE. Lot is 3rd from end on right. G. Latitude and longitude for the project site Lat : 35.804461 Lon: 81.25603 Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showing the exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found on internet site, www.mapblast com) HL Description of Project A. Length of wall 109' B. Material ?66d' Ai4A y "OUP A(49 AY C. Distance from property line/shoreline 1' IV. Intended Use of Project Area A. Private X B. Commercial V. Applicant Signature Date 5^15 O! PLEASE NOTE THE FOLLOWING: • A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY MUST BE SUBMITTED TO: VSARMYCORPS OFENGINEERS, ISI PATTONAVE. - ROOM 208, ASHEVILLE, NC 28801-5006 A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE-CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO: NC DIVISION OF WATER QUALITY ATTENTION. JOAN DORNEY 1621 MAIL SERVICE CENTER RALEIGH, NC 27699-1621 919-733-1786 I 1 / 10/OOssb United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 May 22, 2001 Mr. Charles Kenworthy P.O. Box 3210 Hickory, North Carolina 28603 Dear Mr. Kenworthy: Subject: Construction of a Seawall and Pier, Catawba County, North Carolina In your letter dated May 10, 2001, you requested our comments with regard to the subject project. The following comments are provided in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e), and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Endangered Species. According to our records and a review of the information you provided, no listed species or their habitats occur on the site. We concur with your determination that the proposed project will not affect endangered or threatened species and their habitats. Therefore, we believe the requirements under Section 7 of the Act are fulfilled. However, obligations under Section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. Erosion Control. Given the proximity of the project to aquatic environments, we want to emphasize that stringent sedimentation- and erosion-control measures should be implemented prior to ground disturbance and should be maintained throughout project construction. Thank you for allowing us to comment on this project. Please contact Mr. Mark Cantrell of our staff at 828/258-3939, Ext. 227, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-01-423. 7ly, *,- Brian P. Cole State Supervisor 'V 40' r 010845 VkWQ ID: _, CORPS ACTION ID: - 401 I SSU8 NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMrr ff) _ PRE-CONSTRUCTION NOTIFICATION APPLICATION f FOR NATIONWIDE PERMITS THAT REQUIRE: 1. NOTIFICATION TO THE CORPS OF ENGINEERS r r i C.7 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 X71 COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, .T'I'N: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. 1. OWNER'S NAME: Charles H. Kenworthy 2. MAILING ADDRESS:_ P.O. Box 3210 Hickory, NC 28603 SUBDIVISIONNAME-Spring Lake CITY: -STATE: - ZIP CODE: _ Hickory, NC 28603 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 5250 36th Street Drive NE Hickory, NC 28601 3. TELEPHONE NUMBER: (HOME) _ (WORK) _ (828)328-3348 (828)322-5067 4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: rn -i 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY -WITH SCALE): COUNTY: - - NEAREST TOWN: _ Catawba Hicko SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) _ Springs Road to Sulphur Springs Rd. Travel 2.1 mi. TL onto 36th St. DR. NE. 3rd Lot from end on right. 6. IMPACTED OR NEAREST STREAM/RIVER: RIVER BASIN: - - Lake Hickory 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-11)? 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 [] 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? - No. 8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECT? YES ? NO QX IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): _ No. (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES p NO ® IF YES, DESCRIBE ANTICIPATED WORK: - (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND:_ , 47 acres. (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0 acres. to. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: _ EXCAVATION: _ FLOODING: _ OTHER : _ DRAINAGE - TOTAL ACRES TO BE IMPACTED: _ 0 acres. (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: LENGTH BEFORE: _ FT AFTER: _ FT WIDTH BEFORE (based on normal high water contours): _ FT AVERAGE DEPTH BEFORE: - FT AFTER: _ FT (b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: _ PLACEMENT OF PIPE IN CHANNEL: _ CHANNEL EXCAVATION:. CONSTRUCTION OF A DAM/FLOODING: OTHER: - None - 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS TIIE SIZE OF THE WATERSHED DRAINING TO THE POND? WHAT IS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY I 1 DRAWINGS ONLY) Construction of wood seawall and wood pier with single boat slip. 13. PURPOSE OF PROPOSED WORK:- To limit soil erosion and to retain shore line. Pier is to be constructed for storage of boat and recreational use of river. 14. STATE REASONS WHY IT IS BELIEVED THAT 111IS ACTIVITY MUST BE CARRIED OUT IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) Is. 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. DATECONTACTED:_ Sent letter to Mark Cantrell notifying of intentions. 16. YOU ARE REQUIRED TO CONTACT TIIE 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 _ Talked with Renee Gledhill-Earley May, 10, 2001. 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC (STATE) LAND? YES [] NO ® (IF NO, GO TO 16) (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 [] NO [] IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL P%ICY 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. l8. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF 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 OF 1 INCH EQUALS 100 FEET OF THEIR EQUIVALENT. (b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PRODUCT. (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? _ (f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? _ 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 WIFE[ THE NQRTH CAROLINA COASTAL MANAGEMENT OWNER'S/AGENTS SIGNATURE DA (AGENTS SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED). DUKE POWER DIRECTIONS BY ROAD FORM Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big impact on permit processing time. Please complete this form and return it along with your completed permit application to: DUKE POWER C/O LAICE MANAGEMENT - EC 12 Q PO BOX 1006 CHARLOTTE, NC 28201-1006 1-800-443-5193 Applicant's Name: Charles H. Kenworth Street Address (at lake): 5250 36th Street Drive NE Lake Name: Hic Subdivision Name: Spriniz Lake Property Section: Lot N -3 City: Hickory, County: Catawba _ State: North Carolina Zip: 28601 Telephone:. (828) 322-5067 Type of Permit Requested "Circle": Private Facility Commercial Facility Excavation Stabilization Conveyance Miscellaneous Uses Directions (from major road or highway): *From Springs Road turn onto Sulphur Springs Road at stop light. *Turn Left onto 36th Street Drive NE (Spring Lake). approx. 2.1 thiles down Sulphi *Property is third from end of paved road. t Descriptive Structure on Property (i.e. brick garage, white fence, mobil home, etc): * A-Frame House with wood siding and a flat 2 car carport. *Note: Please use the back of this form if desired to draw us a map to the site. GPAULAKEMGM"r/LMPI'MANRECTIONS.DOC Elreoivc Dale: 11/15/98 11VI3 OO Znnm In O Znnm not O Z.nnm All O Pan O Identifv Legend 09 Structures 1 El Aerial Photo 98 Streams Lakes / Ponds ? Misc. Lines C?? 5' Contours 100YR Flood 373509054645 N Catawba Cou*, NC 65 45 55 35 65 N Location Map Return to Full Extent Enter Search Data GIS Real Estate Map Server : Number Name: ile Number: lat BookE--]Plat Page v: ?y Portion of Name: . bdivision: Date & Time Stamp This map product was prepared from the Catawba County, NC Geographic Information System. Catawba County has made substantial efforts to 5/10/2001 ensure the accuracy of location and labeling information contained on this map. Catawba County promotes and recommends the independent 11:43:17 AM verification of any data contained on this map product by the user. 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