HomeMy WebLinkAbout20210499 Ver 2_USACE Correspondence_202203161
Anderson, Mitchell L
From:Anderson, Mitchell L
Sent:Wednesday, March 16, 2022 9:04 AM
To:Ferguson, Jeff C
Subject:RE: [External] RE: RGP for Public Fishing Pier on Lake James
Good morning Jeff,
General Certification 4502 is the corresponding certification for Regional General Permit 30.
https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2152989&cr=1
As this project proposes the installation of new non‐vegetation materials (riprap, concrete) as well as impacts the
Catawba Buffer, written confirmation from the Division ensuring the project is eligible for coverage under WQC 4502 is
required.
Please use the link below to submit a shoreline stabilization form to DWR for your project.
https://edocs.deq.nc.gov/Forms/Shoreline_Stabilization
Please note, the project must meet all conditions listed within the certification to be covered. If all conditions cannot be
met, an individual 401 WQC may be required.
https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2152989
Below are applicable uses to your proposed buffer impacts. This list is based on a preliminary review of the plan
provided in your email on 3/14/2022.
Per 15A NCAC 02B .0614 (10)(aa), shoreline stabilization is allowable upon authorization.
Per 15A NCAC 02B .0614 (10)(tt), water dependent structures are allowable upon authorization.
Per 15A NCAC 02B .0614 (10)(n)(i), a pedestrian access trail and associated steps leading to a surface water,
dock, canoe or kayak access, fishing pier, boat ramp or other water dependent structure that is equal to or less
than six feet wide that does not result in the removal of tree(s) is deemed allowable.
Per 15A NCAC 02B .0614 (10)(n)(ii), a pedestrian access trail and associated steps leading to a surface water,
dock, canoe or kayak access, fishing pier, boat ramp or other water dependent structure that is equal to or less
than six feet wide that results in the removal of tree(s) or the addition of built upon area to the riparian buffer
are allowable upon authorization.
Per .0614(13)(b) the division must review impacts associated with any activity undertaken by the state. Any impacts
associated with NCWRC’s work must be approved by the NCDWR.
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Buffer impacts will be reviewed based on information provided within the shoreline stabilization application. A separate
buffer authorization application is not required.
Please do not hesitate to ask any questions.
Thank you,
Mitchell Anderson
Environmental Specialist – Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ – Division of Water Resources
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
828-296-4662 office
mitchell.anderson@ncdenr.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Ferguson, Jeff C <jeff.ferguson@ncwildlife.org>
Sent: Monday, March 14, 2022 4:49 PM
To: Anderson, Mitchell L <mitchell.anderson@ncdenr.gov>
Subject: FW: [External] RE: RGP for Public Fishing Pier on Lake James
Mitchell,
Here is another project that I am currently preparing. This will be a fixed fishing pier to be built near the Black Bear boat
ramp area on Lake James in McDowell County. We will be building this pier as a component of the day use area
improvements that Duke Energy is developing on the parcel adjacent to the boating access area. It is part of their FERC
Catawba‐Wateree Relicensing Agreement. NCWRC will only be responsible for the construction of the fishing pier
structure and the concrete abutment connecting it to the shoreline. There will be some riprap placed around the face of
the abutment to prevent wave erosion. The pathway/steps leading to the pier are to be built by others for Duke Energy.
I emailed Crystal Amschler at USACE to inquire about whether written notification would be required for this project. In
her reply, she said that it could be built under a RGP30 with no written notification.
Could you please advise whether a WQC or Catawba Buffer authorization will be required from your office?
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Please contact me if you have any questions.
Thanks,
Jeff
___________________________________________
Jeff C. Ferguson, PE
Mountain Region Engineer
NC Wildlife Resources Commission
mailing address: 171 Southern Cross Rd.
Weaverville, NC 28787
mobile: 828-231-3517 // fax: 919-707-0162
jeff.ferguson@ncwildlife.org
From: Amschler, Crystal C CIV USARMY CESAW (USA) <Crystal.C.Amschler@usace.army.mil>
Sent: Thursday, March 10, 2022 11:36 AM
To: Ferguson, Jeff C <jeff.ferguson@ncwildlife.org>
Cc: Leslie, Andrea J <andrea.leslie@ncwildlife.org>
Subject: RE: [External] RE: RGP for Public Fishing Pier on Lake James
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
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Hi Jeff,
Its my understanding that as long as no fill is placed below the normal pool level a permit wouldn’t be required. Based
on the information provided it sounds like what your describing would still not trigger a permit. The riprap being below
the high water line shouldn’t trigger a permit, but even if a permit was required this project is minor enough that it looks
like it would fall under the attached RGP30 with no written notification required.
Sincerely,
Crystal C. Amschler
Project Manager
Crystal Amschler
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
(828)‐271‐7980 Ext 4231
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at:
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
From: Ferguson, Jeff C <jeff.ferguson@ncwildlife.org>
Sent: Wednesday, March 9, 2022 9:32 AM
To: Amschler, Crystal C CIV USARMY CESAW (USA) <Crystal.C.Amschler@usace.army.mil>
Cc: Leslie, Andrea J <andrea.leslie@ncwildlife.org>
Subject: [URL Verdict: Neutral][Non‐DoD Source] RE: [External] RE: RGP for Public Fishing Pier on Lake James
Crystal,
4
I have added some additional detail to the preliminary plan/profile sheet to better show the riprap that will be placed
around the face of the concrete abutment. The bottom of the front face of the abutment will be at or near the normal
full pond elevation of 100.0’ (Duke Energy datum). During the summer months, the normal target elevation of Lake
James is 98’, and the normal minimum level is 95’. The proposed riprap will be needed to stabilize the shoreline and
protect the abutment from potentially being undermined by wave action at these levels.
The profile shows the riprap extending from 100’ down to 97’ ending at a break in the slope of the lakebed. I have
extended the riprap protection out to 3’ from both sides of the abutment. The total area of riprap that would be placed
below the normal full pond elevation of 100.0’ is 133SF, and the estimated volume of riprap to be placed in this area is
5CY. Apart from that shoreline protection, the only other fill or disturbance below NFP would be the driven pile
foundation for the pier and cross bracing attached to the pilings.
Please let me know if USACE will require written notification for these activities.
Thank you,
Jeff
___________________________________________
Jeff C. Ferguson, PE
Mountain Region Engineer
NC Wildlife Resources Commission
mailing address: 171 Southern Cross Rd.
Weaverville, NC 28787
mobile: 828-231-3517 // fax: 919-707-0162
jeff.ferguson@ncwildlife.org
From: Amschler, Crystal C CIV USARMY CESAW (USA) <Crystal.C.Amschler@usace.army.mil>
Sent: Tuesday, March 8, 2022 4:52 PM
To: Ferguson, Jeff C <jeff.ferguson@ncwildlife.org>
Cc: Leslie, Andrea J <andrea.leslie@ncwildlife.org>
Subject: [External] RE: RGP for Public Fishing Pier on Lake James
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Hi Jeff,
If the only disturbance in the lake will involve pile driving then a permit would not be required for this work. Based on
the information you provided and the plan, riprap and a concrete abutment would be built, but this would occur above
the normal high water, therefore this wouldn’t require a permit either. If your plans change and any discharge of
material such as rock or soil needs to be placed below the normal pool level then let me know and we can discuss any
permits required at that time.
Sincerely,
Crystal C. Amschler
Project Manager
Crystal Amschler
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
(828)‐271‐7980 Ext 4231
5
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at:
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
From: Ferguson, Jeff C <jeff.ferguson@ncwildlife.org>
Sent: Monday, March 7, 2022 3:23 PM
To: Amschler, Crystal C CIV USARMY CESAW (USA) <Crystal.C.Amschler@usace.army.mil>
Cc: Leslie, Andrea J <andrea.leslie@ncwildlife.org>
Subject: [Non‐DoD Source] RGP for Public Fishing Pier on Lake James
Hello Crystal,
I am working on a design for a fixed fishing pier that will be built near the Black Bear boating access area on Lake James
in McDowell County. The coordinates of the proposed pier site are (N35.74449°, W81.965265°). NC Wildlife will be
building this fishing pier in cooperation with Duke Energy as part of the Catawba‐Wateree FERC relicensing
agreement. Attached is a drawing sheet showing the proposed pier site with a profile along the centerline of the pier.
The proposed pier will be built on 32 driven piles. The walkway section will be 8’ wide by 78’ long with a 12’ end section
that will be 36’ wide. The pier is designed to be universally accessible. The gangway will be >6’ wide to allow sufficient
passing space when anglers might be fishing along the rails of the walkway section. The pier will be connected to the
shoreline with a concrete abutment to be set at >2’ above the normal full pond elevation of Lake James. Riprap will be
placed around the base of the abutment to prevent wave erosion.
While I am completing the plans for the structure, I wanted to confer with you about any approvals that will be required
by the USACE for this project.
Feel free to give me phone call at 828‐231‐3517 if you would like to discuss this in greater detail.
Thank you,
Jeff
___________________________________________
Jeff C. Ferguson, PE
Mountain Region Engineer
NC Wildlife Resources Commission
mailing address: 171 Southern Cross Rd.
Weaverville, NC 28787
mobile: 828-231-3517 // fax: 919-707-0162
jeff.ferguson@ncwildlife.org
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.