HomeMy WebLinkAbout20021847 Ver 1_COMPLETE FILE_20021125oF W A tF9QG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
December 4, 2002
Jackson County
DWQ Project #: 02-1759
APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
Alvin Wilkes
Post Office Box 338
Scaly Mountain, NC 28775
Dear Mr. Wilkes:
You have our approval, in accordance with the attached conditions, to impact 0.013 acres of waters
for the purpose of shoreline stabilization at 423 Lakeshore Drive on Lake Glenville as you described in
your application dated November 20, 2002. After reviewing your application, we have decided that
this fill is covered by General Water Quality Certification Number 3373, which may be viewed on our
website at ham://h2o.enr.state.nc.us/ncwetlands. 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. 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). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this
approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
2. This project is for the installation of riprap and dry stack boulders to prevent further erosion of
the property due to wave action. The use of mechanical equipment on the beach must be
minimized.
3. Equipment and materials may be offloaded to the beach at the bulkhead site, but steps must be
taken to keep all equipment out of the reservoir.
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
04
N. C. 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)
(919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
a written petition, which conforms to Chapter- 15013 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 or Mike Parker at
our Asheville Regional Office at 828-251-6208.
Sincerely,
JRD/bs
Attachments
? ?ILLL
Pa 4Ki'ek, P
P
c c: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
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r Duke
Power-
A Duke h*-, y C-p-y
November 13, 2002
Mr. Alvin Wilkes
P.O. Box338
Scaly Mountain NC 28775
Re: Shoreline Stabilization application.
Mr. Wilkes:
0 2 n.
Duke Power
526 South Church Street
RO. Box 1006
Charlotte, NC 28201-1006
NW 2 5 ?
401
/Zit
It was good to see you again a few weeks ago at the property on Lakeshore Dr.
This letter is to confirm your request to stabilize the shoreline owned by Duke Power
Company at 423 Lakeshore Drive on Lake Glenville. I also gave you permission to take
down a poplar tree that was much eroded, under the root ball, for your safety during
construction of the wall.
As we discussed, you are required to obtain all State and Federal permits before you
begin with the project. I have included an application that Duke Power provides to the
property owner. This should be of help when you get ready to apply to the agencies for
other approval. Please remember to attach the pictures you have sent me, to the proper
application. Mr. Owen Anderson with the NCWRC has visited the site with me, and will
comment on the application.
If at any time I can assist you with the application please call me at 828-369-4513.
(t7 teller
' N 6?
Nantahala area Lake Rep.
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NOV-20-2002 09:32 FROM: M-WETLANDS 9197336893
TO:88285265326 P:2/6
66 cot C [.?
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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 Ferzait
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 I 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
1.650 Mail Service Center
Raleigh, NC 27699-1650
1. Applicant Information.
Owner/Applicant Information
Name:_ oal_u I.-A2
Mailing Address: C?
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Company Affiliation.:
Mailing Address:
Telephone Number. Fax Number-
E-mail Address:
H. Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
surrounding properties. You may use the diagram below to make a hand sketch of
Telephone Number. 2-2 - Fax Number: -
E-mail Address:
NOV-20-2002 09:32 FROM:DWO-WETLANDS 9197336893
1-0:88285265326 P:3/6
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.
1. Location
County: -d`
Nearest Town: e ivt,va
Subdivision name or site address (include phasellot number):
Directions to site please include road numbers, landmarks, etc. (This is not II
necessary if an adequate vicinity map IS inclu 3 L r r ?? ,
- V c M .lam _
2. Describe the existing land use or condition of the site at a time of this
application: t_a Ke
I Property size (acres):
4. Nearest body of water (streaWriver/sound/ocean/lake):? _Q C /LO A Iji
5. Describe the jrpose of thq proposed
b. List the type of e1quipment tQ be used to construct the project:_._.. ?p/vc d j? S?- f v2
Tra C t? a e ea C'a-?a r
7. Amount of impact (including all excavation, backfill, rip rap, x+atai ixag??lls, G O?
etc.) below the normal pool lake level in square feet or acres: (e X
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres: /_ f )(A00 O 'K & D (? / V-
b. Please describe vegetation above the normal pool. lake level and 50 feet land-
ward to be impacted rum r of fees for instance): 1 Cl e r'y ae-e
?L 1. av rP ??-
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
NOV-20-2002 09:33 FROM:DWO-WETLANDS 9197336893
s
-91' 14-61p
?t 1-1 f. X106
Pies" sppfoxh ely sketch the iobawb g ifarnaiion on thbt p1m
(please provide db»erwimt for each ftm, such as 10 #t. x 188 ft):
11 M popo "gd Won +cloWng (provide dinnenskm)
A Locedion of rip rap or fill to be pined ebom the Pbfl Pmtd elevation
3) Location of dp crap or fill to i* plmd below the Pont sievation
4) The WcOk ct of my prWosed sbuchw" so mh as buil_Oing,% rdaining
wails, ciodts, Ott.
5) The footman of aW excavation or dridging bartw Ft# FNmO
elsvafion.
g) L oc t of eanstrucdim ames s ca rrickm
70:88285265326 P:4/6
J-p
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE 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 POWE AYABLE TO DUKE POWER,
TO ABOVE ADDRESS. NIA
L Applicant Information
A. Name_
B. Mailing Address P.0 AO X 3.-3 S < y .. /V• C. Telephone: 'J6' d 3-,5 R & ° 9
H. Location of Proposed Project
A. Lake ?'J e'u't; l I e
B. Street Address -fir r r ?.ve 12 3 f!
C. County Cc C L G iU
D. City, town, community or landmark } /vt r?c
E. Section Lot # Subdivisi n
F. Directions to property byroad O YO r''? ?"' 16
G. Latitude and ongitude for the project site e/
H. 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,
ii-m- w.mansonus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Map
Clicking Will...", select "Lat/L.ong", click map)
III. Description of Project
A. Length of wa 1
B. Material
C. Distance from property ling
IV. Intended Use of•Project Area
A. Private y
B. Commercial
V. Applicant Signature
w rlir ie??
/shorclin O
•- .? ?abr-% rr ? i
?s?n ? R.Q
(3,1s e
Date
PLEASE NOTE THE FOLLOWING:
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PA TTON A VF_ - ROOM 208,
ASIIEVILLE, 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. JOHN DORNEY
PARKVIEW BLDG., 2321 CRABT REE BLVD.
RALEIGH, NC 27604
919-733-1786
12A)7/01ssb
(AY-1'Acc(.(c NT s,
BIO-ENGINEERING AND SHORELINE STABIIZATION MITIGATION
TECUNIQUES
FOR LAKES MANAGED BY DUKE PONVER, CAKE MANAGEMENT
I. Bio-engineering
A. Definition
Bio-engineering is an effective scientific method, using a combination of natural and living
materials, to stabilize eroded banks along the shoreline. Bio-engineering techniques vary
according to a number of factors, including but not limited to; slope, soil type and wave action.
Often a combination of techniques may be utilized to most effectively control erosion in areas
with varying conditions.
B. Benefits
In addition to controlling erosion, and the aestlietic value of a more natural shoreline, the use of
native plants create additional liabitat for wildlife. A permit and written authorization for any
shoreline stabilization project is required from Duke Power, Lake Management. By utilizing bio-
engineering as (lie primary stabilization technique, the permit application fee for shoreline
stabilization is waived.
C. Native Plant Species
COMMON NAME SPECIES
SOFT RUSH JUNCUS EFFUSUS
ARROIV ALUM PETANDRA VIRGINICA
SHALLOW SEDGE CARER LURIDA
SILKY DOGWOOD CORNUS AMOMUIv1
TUSSOCK SEDGE CAREX STRICTA
U ONBUSI-I
) CEPHALANTHUS OCCIDENTALIS
-
GRAY DOGWOOD CORNUS RACEMOSA
YELLOW IRIS IRIS PSEUDACORUS
VIRG[N[A BLUEFLAG IRIS VIRGINICA
SOFT RUSH JUNCUS EFFUSUS
PICEKERELVIEED PONTEDEMA CORDATA
BLACK WILLOW SALIX NIGRA _
SOFT STEM BULRUSH SCIRPUS VALIDUS
GREEN BULRUSH SCIRPUS ATROVIRENS
EELGRASS VALLISNEIUA AMERICANA
W1001-GRASS SCIRPUS CYPERINUS
Note: Other plant species that are not listed may also be acceptable. ( lant species that ale no
native to Duke Power lakes should 110(1)c considered and will not likely be approved.
/.1..111.W 11 11\\11'I'"'A MAI \f.ll'.wyA 11 tth Mt - I M 4 . I
(At-:A\-r 81
D. Tccl?(iiques
Dio-engineering techniques normally include minor grading to allow for the installation of a rip
rap toe, rock gabion, Bio-log®, crib wall or similar structure in high energy areas. Tile structures
are then enhanced by the addition of natural/living material. For example:
1. live stakes - brancles cut from living material and planted with stems and buds pointed
upward. Initially they offer little to no soil reinforcement but do so after the first growing season
once a root system becomes established. Often used with other techniques and conducted during
the dormant season.
2. live fascine - branches bundled and secured together and Placed in a very shallow trench
along the toe of the eroded bank or in the bank face. They are usually installed in conjunction
with geotextile fabrics above a rip rap or gabion toe.
3. brush mattress - includes both live stakes and live fascines. Provides protection of the
shoreline upon installation and can be used in layers beginning just above a rip rap or gabion toe.
4. plant plugs - plantings with intact root stock. Placed directly into tile, batik face with the
soil compacted around the root stock.
L. Follow up activities
Riparian Zone Management Information: Duke Power will design and publisli an informational
piece that will provide property owners with a range of infor(nation about bio-engineering
techniques, material sources, inforTnation sources and (lie value of riparian zones. This will be (he
final project in the Riparian Zone Management Initiative and will serve as a conipila(ion of tlic
on-going efforts through the year 2000.
II. Mi(iga(ion
/k A. General nuidance
Mitigation proposals should provide realistic bu( substantial allowances for reducing and
relieving (lie impact of (lie proposed shoreline stabilization technique proposed. In general
mitigation activities should enhance (lie wildlife habitat in llie immediate area of (lie stabi,
activity and niay consist of, but are not limited to; enhancing fish cover under an approved pier or
similar structure, maintaining a natural vegetative buffer along (lie entire shoreline of llie lot,
placing or maintaining secured cover and perching liabilat (e.g. root wads, stumps, fallen (rees,
etc.) along portions of (lie shoreline.
(A1-I'A(:1(.1c,NT HI
B. Revicw Timcframc
Applicants for proposed shoreline stabilization activities identified in the Shoreline Stabization
Technique
Selection Criteria (Attachment l) that require wildlife agency review and/or mitigation must send
their applications to the district game and fisheries biologist of the applicable NCISC agency for a
minimum 30-day review and comment period. In the absence of any findings of significant
adverse impacts on fish and wildlife resources during this 30-day review period, the applicant
will be allowed to proceed without further notice to send their completed application to Duke
Power-Lake Management for approval. If there are findings of significant impact and those
impacts are not adequately mitigated, then the applicant will not be allowed to proceed witil the
proposed stabilization activity. Applicants should make every effort to comply directly with
resource agency recommendations.
C. Agency Review
Lake (NC) JAMES, RIIODHISS,
LOOKOUT SHOALS, NORMAN,
MTN. ISLAND, WYLIE (NC) (SC) WYLIE (SC) (S ) FISHING CRK., GREAT
FALLS/ROCKY CRK.,
WATEREE, KEOWEE,
JOCASSEE, GASTON SHOALS,
99-ISLANDS
Agency
Contact MR CHRIS GOUDREAU
NC WILDLIFE RESOURCES
COMMISSION
RT. 6, BOX 685
MARION, NC 25752-9229 MR. DICK CHRISTIE
SC DEPARTMENT OF
NATURAL RESOURCES
PO BOX 4496
ROCK HILL, SC 29732 MR. RON AHLE
SC DEPARTMENT OF
NATURAL RESOURCES
PO BOX 167
COLUMBIA, SC 29202
*Applicants should fill out the Duke Power Shoreline Stabilization Application form completely,
attach any applicable mitigation proposals and send along with a cover letter to the agency
contact.
**Agency correspondence must also be attached before sending the final application proposal to
Duke Power for approval.
,.1..1',.1.11•!11\'11'4 WA INAI It It- M '-?'IV ?r 1 I\C???. 5I2.7/99
Attaclinient I
Shoreline Stabilization Technique Selection Process
Stabilization not
allowed
Shoreline Stabilization l project area
Application I classification
Was classification s the bank he
based on shallow > =1 foot?
water criteria?
Applicant can use
hardening structures.
Applicant can only
use bioengineering or
rip rap. Seawalls not
allowed.
Dr SDK Q?1
Fa 6, F? l
Is the bank
height > = 5ft?
Applicant can use
hardening structures.
Mitigation requirements
determined by state
wildlife agency.
/J
General conditions:
All seawalls must have rip-rap at base.
-Considering current lake level operating targets and variability and the desire to prevent unn ces ary pads; np
rap must be confined to the area between 6' below full pond elevation and full pond elevatio to the maximum
practicable extent. Potential exceptions include areas where entire placement is above the,FERC p(oje,. i
boundary, where banks are already eroded above the full pond elevation or where severely eroded banks +nu?t be
sloped back or terraced to provide mininhum bank stability.
-The bank height is the average height of the eroded shoreline(measured from the original lake bed to the top of the
eroded bank) in the area to be stabilized.
-Bioengineering techniques within an IMZ require applicant to provide photo evidence of successful vegetation
establishment at 1 year point. Bioengineering is a stabilization approach that utilizes natural and living material.
Bioengineering techniques include use of rip rap with live slakes, rock filled gabions, live staked crib walls, biologs,
and numerous other activities.
-Applicant can use bioengineering, rip rap, seawalls or any combination of stabilization techniques where use of
hardening structures are allowed.
Stabilization in an I1v17_ requires reasonable mitigation requirements as determined through consultation with state
wildlife agencies.
-Stabilization in areas classified as Natural due to the presence of significant cultural resources, should not have
artifacts impacted by utilizing any shoreline stabilization technique.
No 4aWfizatioa allowed in
W from Mardi - Jude to
limit impacts to fish spawning.
Req ices slate wildlife agency
(e.g NCwRC, SCONR)
reVKtw and approval.
Applicant must use
bioengineering stabilization.
Mitigation requirements
determined by state wildlife
gency. Seawalls not allowed.
D 7 sdae«
AINA 1999
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