20010498 Ver 1_COMPLETE FILE_20010404

Michael F. Easley
Governor
William G. Ross, Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
May 8, 2001
CQf cuJk0_ GalciA" County
DWQ Project # 010498
APPROVAL of 401 Water Quality Certification
Mr. Jeff Cernuto
Bridgewater Company, LLC
Post Office Box 3608
Mooresville, NC 28117
Dear Mr. Cernuto:
You have our approval, in accordance with the attached conditions, to construct a marina at Astoria
Parkway (Astoria s/d) on Lake Norman, as you described in your application dated April 4, 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 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 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. 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 Dorney at 919-733-1786.
Sincerely,
r evens
Attachment
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File Copy
Central Files
?¦a
R'LlIbODA
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax: [phone]
John & Cyndi:
Some of these might have already gone through, but here are my comments:
.. Projects with Comments:
010235 (DOT, Alexander Co.) - the project is in WS-II. DOT must follow their document "BMPs for
the Protection of Surface Waters"
000894 (DOT, Lincoln Co.) - the project is in WS-II. DOT must follow their document "BMPs for the
Protection of Surface Waters"
?????? (no number assigned, L. Russell Bennett of Carolina Foxglove LLC, Jackson Co.) - the
project is in WS-III. If this road is a private road, then it will need to go through the variance
process with Jackson Co, Planning Dept. If it is a public road, road crossings are allowed if no
practical alternative exists. Plus BUA must be minimized, stormwater diverted away from surface
waters, and DOT must follow their document "BMPs for the Protection of Surface Waters."
010471 (Jackie Speight, Moore Co.) - the project is within WS-II HQW. The Foxfire Village
Planning Dept must review for variance process if it's a private rd.
010559 (Spangler Environmental, Wake Co.) - -40% of the project is within the WS-III Lake
Benson balance of watershed. If this road is a private road, then it will need to go through the
variance process with the Gamer Planning Dept. If it is a public road, road crossings are allowed if
no practical alternative exists. Plus BUA must be minimized, stormwater diverted away from
surface waters, and DOT must follow their document "BMPs for the Protection of Surface Waters."
010462 (DOT, Madison Co.) - the project is within WS-II. DOT must minimize BUA, divert
stormwater away from surface waters, and follow their document "BMPs for the Protection of
Surface Waters."
010474 (S&EC, Inc., Franklin Co.) - the project is within WS-II. If this road is a private road, then it
will need to go through the variance process with the Youngsville Planning Dept. If it is a public
road, road crossings are allowed if no practical alternative exists. Plus BUA must be minimized,
stormwater diverted away from surface waters, and DOT must follow their document "BMPs for the
Protection of Surface Waters."
010502 (Allen Smith, Durham Co.) - the project is within WS-IV. If the project doesn't need a
sedimentation and erosion control plan, then state WSWP rules do not apply; however, the local
WSWP program may be more protective. Consult with Durham Planning Dept.
010518 (John Corey, Pitt Co.) - lack of sufficient site map; questionable if within WS-IV. If the
project doesn't need a sedimentation and erosion control plan, then state WSWP rules do not
apply; however, the local WSWP program may be more protective. Consult with Pitt Co. or
Greenville Planning Dept
010496 (S&EC, Inc., Durham Co.) - the project is within Falls Lake WS-IV. If the project doesn't
need a sedimentation and erosion control plan, then state WSWP rules do not apply, however, the
local WSWP program may be more protective. Consult with Durham Planning Dept. If applies,
the the crossings are public projects, then its allowed with min of BUA, divert stormwater, BMPs
used.
010498 (Bridgewater Co., Iredell Co.) - the project is within WS-IV-CA of Lake Norman. If the
M project doesn't need a sedimentation and erosion control plan, then state WSWP rules do not
apply; however, the local WSWP program may be more protective. Consult with local Planning
Dept. Also, do Catawba Temp Rules apply?
010539 (DOT, Clay Co.) - the project is within WS-IV and a SEC plan is required. Therefore, a
public project crossing is allowed if no practical alternative exists. BUA must be minimized,
stormwater diverted, and DOT BMP document followed.
010547 (Griffin Contractors, Avery Co.) - no map, but the project is potentially within HQW and Tr
and maybe even WS-IV.
010659 (DOT, Jackson Co.) - the project is within WS-III, ORW, and Tr. Crossings allowed if no
practical altemative exists. BUA must be minimized, stormwater diverted, and DOT BMP
document followed.
010554 (DOT, Durham Co.) - the project is partially within WS-III and partially within WS-III-CA
The CA must be avoided. If not, show avoidance and minimization. BUA must be minimized,
stormwater diverted, and DOT BMP document followed.
010552 (David Duncan, Buncombe Co.) - Gap Creek is C Tr. No WSWP comment, but the design
shows no structural benefit to the applicant and impacts to troutwaters.
Proiects Reviewed, No Comments. Not in WS:
010570 - Town of Winfall, Perquimans Co,
010501- Winston Salem, Forsyth Co.
010503 - DOT, Yancey Co.
010506 - M/I Schottenstein Homes, Orange Co.
010540 - AG Industries, Rutherford CO.
010576 - Wetland and Natural Resource COncultants, Catawba Co.
010551- NRCS, Halifax CO.
MEMORANDUM
TO: John Dorney Regional Contact: Pete Colwell
Non-Discharge Branch WO Supervisor: RPx Gleason
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Bridgewater Company LLC County I *dW,-c4w
Project Number 01 0498 County2
Recvd From APP Region Mooresville
Received Date 4/4/01 Recvd By Region
Project Type commercial
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
r-? O YO N ?- 11-75 WSIV B CA 30,832.
.10 Y ON
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 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: 0 Issue 0 ISSue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 354020 Longitude (ddmmss) 805816
Comments:
The applicant has proposed a 22 slip marina to provide lake access for a 50-60 lot subdivision along
Lake Norman near Monbo at the Lake's northern end. The shoreline in this area is relatively steep_
and deep water is close to shore. The marina peirs will extend up to 130 feet into the lake where the
lake width is approAmatly 1500 ft wide.
cc: Regional Office
Central Office Page Number 1
?. w
K'/? North Carolina Wildlife Resources Commission rI
(;harles K. I ullwoocl, I"Accutive DireCU)1,
MEMORANDUM
TO: John Dorney, 401 Certification Unit
Division of Water Quality
FROM: Ron Linville, Regional Coordinato /
Habitat Conservation Program'
DATE: April 20, 2001
SUBJECT: Review of Proposal to Install Community Boat Slips, Astoria Parkway
Development, Lake Norman, Class WS-IV Critical Area, DWQ 010498,
Catawba County
This correspondence responds to a request by you for our review and comments
regarding the referenced project. Project sponsors propose to build two multiple slip
docks, cart paths, and an unloading area in association with the residential subdivision.
No dredging is indicated. The North Carolina Wildlife Resources Commission
(NCWRC) is authorized to comment and make recommendations which relate to the
impacts of this project on fish and wildlife through the Federal License of Water
Resource Project Act (Federal Power Act-16 U.S.C. 791a et seq.), and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
Based on our review of the documents submitted, we have no objection to the
project as proposed since the site is shown to be located in an area identified as
acceptable for this type of activity on Duke Power Company's "Critical Habitat
Inventory" maps. Therefore, the NCWRC has no objection to this project, provided the
following recommendations are implemented:
1) Boat slips should not be placed so as to impede or block navigation or create a
navigational hazard for recreational vessels.
2) If any dredging is necessary, it should be done in the dry if possible when the lake
level is low. This will minimize sediment impacts to the lake.
Mailing Address: Division of In1an(I I?Idicric.s • 1 721 Mail Service ( :enter • KaIcigh, NC 27699-1721
Telephone: [phone] cxt. 281 • Fax: [phone]

Astoria Parkway Docks 2 04/20/01
3) The NCWRC discourages dredging or impacting shallow water areas with
productive bottom, wetlands, or submerged aquatic vegetation. We are less
concerned with dredging shallow areas having a mud or sand substrate. Fish-
friendly pier practices developed by Duke Power are recommended.
We encourage 50-foot minimum naturalized buffers for all lots along the edge of
the lake. Deed restrictions or other permanent restrictions may be used to protect buffers
from impacts that exceed the minimum necessary for lake access. All activities should
follow Duke Power Shoreline Management Guidelines, Federal Energy Regulatory
Commission requirements, and any conditions specified by the NC Department of
Environment and Natural Resources.
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: Chris Goudreau, NCWRC
John Ellis & Mark Cantrell, USFWS
Steve Chapin, USACOE
Ann Duncan, DPC
Jeffrey Cernuto, Bridgewater Company, LLC
-
f3498

DWQ ID: CORPS ACTION ID:
NATIONWIDE I?'E IT REQUESTED (PROVIDE NATIONWIDE PERMIT #) 401 Certification
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: Bridgewater Company, LLC j n
rn
2. MAILING ADDRESS: P.O. Box 3608 C M
rn z
SUBDIVISION NAME c:D ---1
CITY: Mooresville STATE: NC ZIP CODE: 28117
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
Astoria Subdivision, Astoria Parkway
3. TELEPHONE NUMBER: (HOME) (WORK) 704-799-9770
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
Jeffrey Cemuto, P.O. Box 3608, Mooresville, NC 28117, 704-799-9770
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Iredell - NEAREST TOWN: Catawba
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) Off of Felts Road (State
Route 1889)
6. IMPACTED OR NEAREST STREAM/RIVER: Catawba River 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 ® NO ? IF YES, EXPLAIN: WS IV Critical Area
(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? 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):
(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: 93.59
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.00
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0 EXCAVATION: 0
FLOODING: 0 OTHER : 0
DRAINAGE : 0 TOTAL ACRES TO BE IMPACTED: 0
(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
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?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Cart path, parking, unloading area, walkway along shoreline to be built onsite and docks to be built off site
and floated into place and held with appropriate anchors, no dredging, filling or shoreline reconstructbn is
necessary.
13. PURPOSE OF PROPOSED WORK: Install commercial docks foir community use
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
15. r r nYOU 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: March 13, 2001
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 March 13, 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 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 [phone].
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 I 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:
1. 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
AQTMTY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT

DATE
( E S SIGNATURE VALID ONLY
THORIZATION LETTER FROM
THE OWNER IS PROVIDED).
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