20020221 Ver 1_COMPLETE FILE_20020212

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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Division of Water Quality
March 13, 2002
DWQ# 02-0221
Rowan County
Randy Basinger
3585 Miller Road
Salisbury, NC, 28147
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Basinger:
You have our approval, in accordance with the attached conditions, to dredge 0.92 acre of waters in order to provide
deep water boat access to your property on High Rock Lake in Rowan County, as you described in your application
received by the Division of Water Quality on February 12, 2002. After reviewing your application, we have decided that this
fill is covered by General Water Quality Certification Number 3280, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands . 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 in writing 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 and the additional condition listed below:
1. Dredged material shall not be disposed of in wetlands.
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 Pete Colwell in DWQ's Mooresville Regional Office at 704-663-1699 or Cyndi Karoly in
Raleigh at 919-733-9721.
Sincerely,
?Uregory J. Thorpe, Ph.D.
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
020221
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)
non loo 1100 - --- N - -son c-n 11..11, •..•.,. u•.n.. ,..... .. •...., ..,...--..._u....a,.r
MEMORANDUM
TO: John Dorney Regional Contact: Michael L. Parker
Non-Discharge Branch WO Supervisor: Rex nleason
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Tony Randall Basinger County Rowan
Project Number 02 0221 County2
Recvd From APP Region Mooresville
Received Date 2112/02 Recvd By Region 2/15/2002
Project Type excavation
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME_
Waters O YO N 12-(124.5) WSIV B &CA 30,704. 0.90 ?- F__ F-
N F_ F_ F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y pO N Did you request more Info? Q Y QQ N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y QQ N
Is Mitigation required? Q Y ( N Recommendation: Q Issue O Issue/Cond p Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
The ap lire cant proposes to excavate a 200 by 200 foot area in front of his rip vate pier on High Rock
Lake, The 2-3 foot deep excavation is necessary provide deep water access for the applicant's
boat. All work will be preformed when lake levels are below the area of the excavation, which w_ ill
minimize_ the potential for WO impacts. Issuance of the 401 certification is recommended,
cc: Regional Office
Central Office Page Number 1
Date: V , o JQ°Z
To: ?RRO Steve Mitchell
?FRO Ken Averitte
?WaRO Deborah Sawyer
?WiRO Joanne Steenhuis
?WSRO Jennifer Frye
?ARO Mike Parker
O'MRO Pete Colwell
From: .
Triage Check List
Project Name I ,' ?1 II
DWQ Project Number U a -n?a
County U` C!' J5,
Telephone (919) 733-
The file attached is being forwarded to you for your evaluation. Please call if you need
assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USGW topo maps
? Minimization/avoidance issues
r -
? Buffer-Rules (Neuse, Tar-Pamilco, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concerns
N l /S IV
Comments ' ?I I l?d?k "GIXQ W
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Randy Basinger PHONE; 704-857-7576
3585 Miller rd
Salisbury N.C. 28147
Re: Lake bottom excavation
Dear Sirs;
Thank you for taking the time to review this proposal. I would like to submit this
proposal to excavate the area around and beyond my existing pier in order to be
able to get my boat to and from and also use the pier when the water level is low.
I would like to remove approximately 200 ft. wide by 200 ft. long by approximately
2-3 ft deep tapering back to ground level. This would add up to be about 80,000
cuft to be removed. Excavation would start at the deck part of my pier and
extend out toward deeper water approx. 200 ft. digging to be performed by
means of front end loader and a track hoe.
When the water level is full I have water approximately 6 feet deep at the end of
my pier. For the past two years the water level has stayed about 4-5 ft below full,
therefore being to low to use my pier.
The shoreline in front of my property has such a gradual slope you would have to
go out approximately 300-400 ft from the sea wall to get to water 8or 9 ft deep
when the lake is full.
We will be hauling the removed material to a Mr. Robert Sweatt, 2565 Liberty
road Gold Hill N.C.28071 Ph. 704-279-4019 about 3 miles from the excavation
point. Debris will be hauled off by means of tandem trucks and can exit the lake
bottom area approx 300 yrds from the site with no damage to any property.
I do not foresee any negative impacts on water quality or fish habitat, if anything
the excavation should improve them. There is no vegetation in this area except
grass that has grown because water levels have been low.
Thank you for your consideration in this matter
Randy Basinger
al-? c/
The following is an abbreviated application form for those applying for a 401 Water
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. This Application cannot be used for wetland or stream impacts. Please
provide seven (7) copies of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of $200.00 for
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom
of greater or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
1. Applicant Information
Owner/Appli cant Information
Name: U,?
Mailing Address:
s
e%
Telephone Numb-_--
E-mail Address:
e
Fax Number: ;?2a4l-
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if th Agent h:-?s signatory authority for the owner/applicant.)
Name:
Company Affiliation.
Mailing .'address:
Telephone Number. Fax Number:
E-mail Address:
II. Project Information
Attach a vicinity map dearly owing the location of the property with respect to
local landmarks such 2s towris, rivers, and roads. Also provide a detailed site
plan showing propmzy boundaries and development plans in relation to
surrounding propertks. You r?r use the diagram below to make a hand sketch of
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
Location "? /
County: led"4 Nearest Town: f ?J.Di+
Subdivision name or site address (include phase/lot number): J",*"7e1 /o/;OAI
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):/,/d?,,,?,/.?
JroAT vl Al jvv?7/i?nti 49v l?Pi/Ti 0 h fr9corl/ /hKii /!! ?/7
2. Describe the exi_szina land use or condition of the site at the time of this
application: ?dey e __ OfAcL_; -'aloe A_eef - /lIA1,V4 Z -le
3. Property size
4. Nearest body of ? t . (str: sn rive:. `saund/ocean/lake): /?h ? z?c,t' /<, AP
5. Describe the purpose of the proposed work: /`?rr'ti`,/? ./ / fay Tl •? .?v
C.//u/ A J P o /f ssiP/ /,4,7 /ri ii /fir// i? ?!v
6. List the type of e,-.-dement ID bemused two con ruct the project: %r??c? ??P_ I n/1-1?
1 - ? J 7-11,00 h Al Y /
7. Amount of impair. (including all excavation, backfill, rip rap, retaining walls,
etc.) below the no.mzl pool lzke level in square feet or acres: -eo"ove I+airoil:
a 2 yU // X 2 --7 f`,f k oe 1 1,4
QUO. o?ry C'?,?/
8. a. Amount of impect (inc!ltding all clearing, back fill, excavation, rip rap,
retaining, walls, ew.) above ffi? normal pool lake level and 50 feet land-ward in
square feet or acmK ,/Lull e a4 ee nor?? / eg&z
b. Please describe v?egetatiem zbove the normal pool lake level and 50 feet land-
ward to be impacted (numbe=r of trees for instance): none
W y 1paz
Applicant/Agent's Signer Date
(agent's signature is valid on v if an amhorizarion letter from the applicant is provided.)
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VIRGINIA-CAROLINA REFRACTORY, INC.
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896 Dove Court
Denver, North Carolina 28037
??FggCTON
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0 North Carolina Wildlife Resources Commission 0
Charles It. Fullwood, Executive Director
MEMORANDUM
TO: John R. Dorney, Division of Water Quality
Dept. of Environment and Natural Resources
FROM: Ron Linville, Regional Coordin ?
Habitat Conservation Program
DATE: March 4, 2002
SUBJECT: Review of an application by Randy Basinger, DDWQ 020221, 417 Sportsman Drive,
Summer Place, Lot 26, High Rock Lake, Rowan County
The applicant is requesting 401 Water Quality Certification from the North Carolina Division of
Water Quality. The NCWRC has reviewed information provided by the applicant, and field biologists on
our staff are familiar with habitat values of the project area. These comments are provided in accordance
with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The project involves the removal of 100,000 cubic feet of soil around the applicant's existing pier.
The work is to be accomplished in the dry so as not to impact lake waters.
Providing the activity follows Alcoa Lake Management and Federal Energy Regulatory Agency
requirements, we will not object to the project providing the following conditions are implemented:
Excavation will be accomplished in the dry using stringent erosion control measures should be
installed where soil is disturbed and maintained until project completion. A sediment and erosion
control plan may be needed for the project.
All activities must be in compliance with the shoreline management plan.
The activity should not destabilize any existing pier structures and/or shorelines.
We also encourage the applicant to consider the establishment of shoreline vegetation in order to
improve fisheries in the area. Adding fish-friendly pier devices should benefit aquatic habitats. These
measures may be discussed with Alcoa Shoreline Management personnel or North Carolina Wildlife
Resources Commission biologist.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 336/769-9453.
Cc: Lawrence Dorsey, WRC
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext. 28 1 0 Fax: [phone]
401 s for February
Subject: 401s for February
Date: Mon, 25 Feb 2002 13:01:05 -0500
From: Milt Rhodes <[e-mail]>
To: [e-mail]
CC: Cyndi Karoly <[e-mail]>
Mike:
Sorry for the delay.
Here are my comments.
020179 - Deck shown in sketch must be water dependent in order to be
constructed within the specified water supply watershed setback (buffer
requirement). From the sketch it is difficult to determine whether the deck is
within the minimum setback. The sketch indicates a deck at 100 sf. A deck is
not a water dependent structure by definition, therefore we ask that the deck
be placed outside of the minimum water supply watershed setback as defined in
the local ordinance for the lake. If the deck serves as access to the walkway,
we request that the deck be sized to no larger than needed to provide this
accessibility, and the deck must remain uncovered.
020157 - No comment
020168 - No comment - Lake James is not a WS Watershed, however, the county has
established ordinances to better protect the lake. The 8' foot pathway is
larger than would be allowed in WS watersheds, and the applicant should check
with the local government to determine if the pathway plans are consistent with
local ordinances.
011492 - Please notify us when final plans come in.
020129 - Road crossings do not appear to have been avoided or minimized. These
are public roads, I presume, therefore they should reduce all avoidable impacts
to the buffer areas and stream features. In addition, the NC DOT allows for
road widths to be reduced when the TND road guidelines are utilized. If the
roads have not been designed using these standards, then the applicant should
consider utilizing these guidelines to help reduce stream crossing impacts.
Additionally, I am interested in whether bottomless culverts could be utilized
on the stream crossing to minimized disturbance of channels. (See Designing
Highway Culverts That Do Not Impede the Movements of Resident Fish Species
http://www.usroads.com/journals/p/rej/9711/re971102.htm for more information.)
020221 - No comment - I guess now is the time to dredge, although he may need
to dredge deeper, as it looks like it will be a dry summer.
020222 - The site doesn't appear to have a stabilzation need, therefore we
question whether a stabilization of the stream (lake) bank is necessary. We
recommend, as this shoreline illustrates a very gradual slope utilizing a lower
impact stabilization technique, perhaps incorporating a sandy beach style
shoreline, as opposed to the harder structure "seawall with backfill" as
proposed. In addition, the pictures attached to the application indicate that
gravel (rock) has been deposited within the water supply watershed protection
buffer setback zone associated with Lake Norman. The rules state that no new
impervious surfaces are allowed within this zone, and specifically mentions
gravel being an impervious surface. The material illustrated in the pictures
should be relocated outside of the minimum water supply setback zone so as to
be consistent- with the state rules regarding water supply watershed protection.
020240 and 020232 - DOT project (and DOT projects in general. The roads
appear to be wider than is necessary. The DOT should explore the use of their
own TND Road Guidelines to determine if the reduction in street width proposed
in the TND guideline manual could be utilized in these locations. Reducing
I of 2 2/25/02 1:02 PM
401 s for February
impervious surfaces is a goal of the water supply watershed protection program
and in all the DOT project submitted for review, there appear to be
opportunities for reducing the water quality impacts associated with roads that
are too wide and have more covered surfaces than is necessary.
I have no comments on the other projects.
Thanks for the chance to review the projects.
Sincerely,
Milt Rhodes
2 of 2 2/25/02 1:02 PM
-C,lgo Fax [phone]
r s RANDY BASINGER
.0 Vice President/Manager of Construction
CTO? 1-800-525-3920
Office [phone]
VIRGINIA-CAROLINA REFRACTORY, INC. Home [phone]
896 Dove Court Mobile [phone]
Dcnver, North Carolina 28037 Pager [phone]