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Home My WebLink About20070493 Ver 1_WRC Comments_20070329w~(,t ~ o o '7 o S~ 4 -~ ~ North Carolina Wildlife Resources Commission ~ March 27, 2007 Richard B. Hamilton, Executive Mr. Dennis Whitaker Duke Power Lake Management 526 Church Street Charlotte, North Carolina 28201-1006 ~r~~~~~'~~~i ,a h~C~~t ~ ~~ ZOil7 W~TIANp;? 6~~(l STO~~a94'!AT~:F? FSRANCH RE: Lake Hickory Marina Expansion for True Public Marina, Lake Hickory, Caldwell County Dear Mr. Whitaker: This correspondence is in response to a Permits-4-U, Inc. submittal package dated March 5, 2007 concerning necessary approvals for the referenced marina project. 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). The proposed marina project will include the following: 1. Rebuild existing slips 5. Service dock renovation 2. 102 new slips (176 total) 6. Dry hydrant provision 3. 30 boat dry storage 7. Commercial staging area 4. Boat ramp renovation 8. Shoreline stabilization Based on our review, we have found no reason to object to the proposed project providing the activities comply with Duke Power Shoreline Management requirements and the Clean Water Act as well as applicable federal, state and local government requirements. The following general recommendations (not priontized) should be incorporated into the site when appropriate to promote aquatic and terrestrial habitats, protect environmental quality, and protect the general public: 1. Boat slips should not be placed so as to impede or block navigation or create a navigational or safety hazard. Reflectors or night lights may be appropriate. 2. Boat slips should not extend into the lake further than necessary. Duke Power guidance should be followed to minimize impacts to open waters. Dock facilities must not extend more than a third (1/3) of the total water body width, preferably less than a quarter (1 /4) of the total water body width. 3. Low Impact Development (LID) techniques are encouraged and recommended for the projects with a lot of impervious area involved due to the increased potential for Mailing Address: Division of Inland Fisheries 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 Faz: (919) 707-0028 Lake Hickory Marina - Tn~e Public Marina -Page 2 - March 27, 2007 polluted runoff. Information on LID practices and measures can be found at www.low%mpactdc~~eloPment. ors,. 4. Where fueling stations or maintenance areas will be provided, emergency spill containment and stormwater management activities should be provided that meet Division of Water Quality and Emergency Management requirements. Emergency spill containment equipment should be readily available near these stations. 5. If any water and sewer connections will be provided, Department of Environmental Health and Division of Water Quality requirements must be followed to avoid any noxious conditions or health concerns. 6. If dredging is necessary, it should be done in the dry if possible when the lake level is low to minimize sedimentation issues. NCWRC discourages dredging shallow water areas with productive bottom, wetlands, or submerged aquatic vegetatton. The U.S. Army Corps of Engineers should be contacted to determine if a 404 Permit is required. The NC Division of Water Quality in Mooresville should be contacted to determine if a 401 Certification is necessary. Appropriate Clean Water Act approvals should be obtained prior to beginning any land or lake disturbing activities. 7. Stabilization should only occur in areas where needed to protect destabilized and eroding shorelines. Naturally sloped and vegetated areas that are stabile should not be hardened unnecessarily. Stabilization should be done with minimum class I (class II preferred) riprap or rock. This size rock improves aquatic habitat structure. Fabric matting may be used beneath the stone to reduce erosion and turbidity. To the extent practicable, rock or stone should be placed just above the high water mark and towards the lake five (5) to six (6) feet or further to provide continuous aquatic edge habitat. We do not support the use of river rock as raver mining negatively impacts aquatic life and river rock does not tend to stay in place or provide long-term stability. 8. Any Large Woody Debris (LWD) should be maintained to the maximum extent practicable to provide aquatic habitat where this can be provided safely. If relocated, the LWD must be securely anchored so that it will remain where installed. 9. Stringent erosion control measures should be installed where soil is disturbed and maintained until project completion. Excavated materials should not be stockpiled where sediment will erode to surface waters. Temporary or permanent herbaceous vegetation should be planted on all bare soil within ten (10) days of ground disturbing activities to provide long-term erosion control. 10. Wide undisturbed shoreline buffers and natural vegetation should be maintained or provided to the extent practicable. Disturbed banks may be revegetated tivith silky dogwood (Corrttrs an7ornrm), silky willow (Salix sericea), tag alder (Altars serrttlata), black willow (Salix ~zigra), and sycamore (Platarrtis occidentalis) or other native plants to provide long term bank stability and shoreline shading. Note that silky dogwood, silky willow and black willow can be planted as live stakes collected during the dormant growing season. Cuttings should be randomly planted and done on four (4) foot centers from the waters edge to the top of the bank. Trees should be planted on ten (10) to twelve (12) foot centers. Banks m these areas should also be seeded with annual wheat or oats and/or stabilized with natural material fiber matting. 11. Fencing should be provided to funnel visitors to predetermined access points to prevent or reduce user impacts to buffers. 12. Paths or drives through buffer areas should be avoided whenever possible. These should be no wider than needed to access the boating facilities and meet American with Disabilities Act (ADA) requirements. 13. Any existing Environmental Areas, Natural Areas and shoreline buffers should not be disturbed directly or indirectly by the project. These areas should be surveyed and/or photographed to create a permanent record of current habitat conditions. Copies of this documentation should be permanently maintained and provided to Duke Power and/or regulatory/resource agencies if requested. These habitat areas or newly Lake Hickory Marina -True Public Marina -Page 3 - March 27, 2007 established habitats should be protected through common area conservation easements, individual lot deed restrictions or -other enforceable methods to prevent future impacts. Should impacts occur, project proponents should guarantee restoration of any affected habitats to original pre-disturbance conditions or better. 14. Boating restrictions such as no wake zones and lake access restrictions should be implemented that prevent and minimize secondary impacts from boat wakes and shoreline activities to environmentally sensitive areas and shoreline buffers. 15. Work within the buffer zone or in the lake should be accomplished outside the fish spawning season of March 1 through June 1 {or as otherwise stipulated by Duke Power) to prevent ofd site sedimentation from impacting aquatic life. 16. Any water pumping or lake intake structures should utilize passive screens with openings not to exceed 1 centimeter (lmillimeter in waters having anadromous fish) and with a maximum intake velocity of 0.5 fps (feet per second). Any intake structures should be marked in a manner that will reduce hazards to navigation or recreation during and after construction. 17. Wet concrete is toxic to aquatic organisms. Construction procedures which prevent wet concrete from contacting surface waters should be used. 18. Duke Power's Fish-Friendly Pier practices for stationary piers and docks should be used where practicable to provide aquatic habitat and fishing benefits. These measures may offset lost LWD m the area. We are aware that all the above general recommendations may not be applicable to this specific project. They are provided for information to assist in project planning and marina operations. Thank you for the opportunity to comment on this project during its planning phase. If you have any questions regarding these comments, please contact me at 336/769-9453. Sincerely, Ron Linville Regional Coordinator Habitat Conservation Program E-copy: Ann Duncan, Permits-4-U, Inc.