HomeMy WebLinkAbout20061912 Ver 1_401 Application_20061206
LETTER OF TRANSMITTAL
SS~ME, Inc.
9751 Southern Pine Blvd.
Charlotte, NC 28273
704.523.4726
704.525-3953 fax
To: Cyndi Karoly
NC DWQ
401 Water Quality Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
We Are Sending You: ® Attached
following items:
~S&ME
20061912
Date: 12-12-06
Job No. 1357-05-395A
Re: Bluffs at High Rock Lake
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^ Under separate cover via
^ Shop drawings ^ Proposal ^ Plans ^ Samples ^ Specifications
^ Copy of letter ®Regional General Permit No. 198200030 application package
including associated WQC No. 3492
the
Co ies Date No Descri tion
Cover letter, PCN, Agent Authorization Form, Figures, Site
7 12-12-06 1 Photo ra hs, APGI A royal Letter and A enc Comments.
Check payable to NCDWQ for $200.00; Impacts less than one
1 11-30-06 1
acre
These Are Transmitted As Checked Below:
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^ For use (~ (~ ~~ ~I`~' ~~
® For your approval ~ L ~ `~•~ ~ IJ ~-'
^ As requested ^For Review And Comment ~E~ ~ ;~ ZG~b
^For Bids Due: /_/ ^ Prints Returned After Loan To Us
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yY1TlANOS P,NO STORMW47ER BRAiJCW
Remarks: Enclosed, please find the above for your review and approval. Thank you
Suzanne Knudsen
Copy To: File, Michael Laws, USACE
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Signed:
IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE.
This Letter of Transmittal and the documents accompanying this Letter of Transmittal contain information from S&ME, Inc., which is confidential and legally
privileged. The information is intended only for use of the individual or entity named on this Letter of Transmittal. If you are not the intended recipient, you
are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on these documents is strictly prohibited.
S&ME, INC. / 9751 Southern Pine Blvd /Charlotte, NC 28273 / p 704.523.4726 f 704.525.3953 / vvww.smeinc.com
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20061912
December 12, 2006
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U.S. Army Corps of Engineers
Asheville Regulatory Field Office
] S l Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Attention: Mr. Steve Chapin
North Carolina Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Attention: Ms. Cyndi Karoly
Reference: Regional General Permitting
The Bluffs at High Rock Lake Project
Rowan County, North Carolina
S&ME Project No. 1357-OS-395A
Dear Mr. Chapin and Ms Karoly:
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S&ME, lnc. (S&ME) is pleased to submit this application for impacts to reservoir waters in
accordance with U.S. Army Corps of Engineers (USAGE) Regional General Permit (RGP) No.
198200030 and associated North Carolina Department of Environment and Natural Resources
(NCDENR), Division of Water Quality (DWQ) Water Quality Certification (WQC) No. 3492.
S&ME is working on behalf of Bluffs at High Rock, who will be considered the applicant for this
permit. Please find enclosed the following:
• A completed Pre-Construction Notification (PCN) and Agent Authorization Form;
• Figures: Site Vicinity Map (Figure ] ), USGS Topographic Map (Figure 2), 2002 Aerial
Photograph (Figure 3), Lot Characteristics (Figures 4 through 8) and Boat Ramp and
Dock Design (Figure 9);
• Site Photographs;
• Copy of Alcoa Power Generating, Inc. (APGI) Approval Letter and Appropriate Agency
Responses; and
• A check for $200.00 (DWQ processing fee).
S&ME, INC. / 9751 Southern Pine Boulevard /Charlotte, NC 28273-5560 / p 704.523.4726 f 704.525.3953 / www.smeinc.com
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Regional General Permitting S&ME Project No. 1357-OS-395A
The Bluffs at High Rock Lake December 4, 2006
PROJECT BACKGROUND
For purposes of this permit application, the subject property is referred to as the Bluffs at High
Rock Lake and is an approximately 19.4-acre tract located along the shoreline of High Rock
Lake, north of and adjacent to Long Ferry Road in Rowan County, North Carolina (35.6716°N,
80.3286°W).
Provided below is a list of pertinent information relating to the site and the permit applicant:
Applicant: The Bluffs at High Rock Lake
Mailing Address: P.O. Box 1974
Lexington, North Carolina 27293
Attention: Mr. Michael Laws
Telephone Number: 919-810-4929
Address of Project: North of and adjacent to Long Ferry Road along the
shoreline of High Rock Lake in Rowan County,
North Carolina.
Size of Property: Approximately 19.4 acres
Closest Waterway: High Rock Lake (Yadkin River)
DWQ Stream Index No. 12-(108.5) WS-V
River Basin: Yadkin-Pee Dee
County: Rowan
Coordinate Location of Site: 35.6716°N, 80.3286°W
USGS Quadrangle: Southmont, NC (1991)
In November 2005, S&ME completed an Environmental Assessment (EA) for the Bluffs at High
Rock Lake, which was submitted to APGI for approval. The EA document was prepared in
accordance with Section V of the Subdivision Access Approval, Multi-Use Facility Permitting,
and Industrial Approval Procedures-Yadkin Project FERC No. 2197 dated July 1, 1999 (Revised
July 1, 2002). A portion of this document included a Jurisdictional Wetlands and Waters of the
U.S. Determination within the study area (land along the approximately 3,600 linear feet [1fJ of
shoreline of High Rock Lake, or land within 100 feet of the normal full-pool elevation of 655 feet
[Yadkin Datum]). This effort determined the presence of one jurisdictional forested wetland and
two jurisdictional streams within the study area, adjacent to Lots 2 and 3. A second jurisdictional
2
~ s
Regional General Permitting S&ME Project No. 1357-OS-395A
The Bluffs at High Rock Lake December 4 2006
forested wetland is located adjacent to Lot 8. The EA was submitted to various regulatory and
state agencies including the USACE, U.S. Fish and Wildlife Service (USFWS), DWQ, and N.C.
State Historic Preservation Office (SHPO). In a March 31, 2006 email, Ms. Amanda Jones with
the USACE concurred with our findings of jurisdictional areas located within the study area.
Furthermore, Ms. Jones stated that the impacts associated with the proposed project (construction
of the community boat launch, pier and dock within Lot 12) would require authorization by the
USACE under RGP 198200030 prior to construction of the project. To obtain USACE
authorization, a PCN describing the proposed project and impacts must be submitted for
approval.
EXISTING SITE CONDITIONS
The study area within the subject property is limited to land along the approximately 3,600 if of
shoreline along High Rock Lake, or land within 100 feet of the normal full-pool elevation of 655
feet (Yadkin Datum). 'The subject property has been subdivided into 12 lots, of which some have
been sold to private individuals. Bluff Lane offers access to these lots from Long Ferry Road to
the south. An existing boat pier is located within the northwestern portion of the site along the
shoreline of Lot 5. The subject area is largely undeveloped, hardwood forest. A riprap channel
extends from Bluff Lane to High Rock Lake adjacent to Lot 4 in the western portion of the site.
One jurisdictional forested wetland and two jurisdictional streams are located within the study
area adjacent to Lots 2 and 3. A second jurisdictional forested wetland is located adjacent to Lot
8. The vicinity of the study area is residential and forested.
Vegetation observed within the canopy of the study area includes tulip tree (Liriodendron
tulipfera), white oak (Quercus alba), American sycamore (Platanus occidentalis), water oak (Q.
nigra), sugar maple (Ater saccharum), American beech (Fagus grandifolia) and American
basswood (Tilia americana). Vegetation observed within the subcanopy of the study area
includes sweetgum (Liquidambar styrac~ua), tulip tree, sugar maple, silky dogwood (Cornzzs
amomum), mockernut hickory (Carya alba), eastern redbud (Cercis canadensis), common
buttonbush (Cephalanthus occidentalis) and arrowwood (Viburum dentatum). Herbaceous
vegetation within the study area includes wild yam (Dioscorea villosa), spotted wintergreen
(Chimaphila maculata), maidenhair fern (Adiantum pedatum), black cohosh (Cimicifuga
racemosa), sessile-leaf bellwort (Uvularia sessilifolia), perfoliate bellwort (U. perfoliata), hairy
sweet Cicely (Osmorhiza claytonia), Virginia creeper (Parthenocissus quinquefolia), Japanese
honeysuckle (Lonicera japonica), may-apple (Podophvllum peltatum), strawberry bush
S •
Regional General Permitting S&ME Project No. 1357-OS-395A
The Bluffs at High Rock Lake December 4 2006
(Euonymus americanus), Christmas fern (Polystichum acrostichoides), tickseed (Coreopsis sp.),
trillium (Trillium sp.), day lily (Hemerocallis fulva), iris (Iris sp.), and common moonseed
(Menispermum canadense). Lap trees (trees growing along the reservoir shoreline) observed
within the study area include sugar maple, sweet gum, silky dogwood, black willow (Salix nigra),
tag alder (Alnus serrulata) and green ash (Fraxinus pennsylvanica).
PROJECT DESCRIPTION
APGi manages and operates High Rock Lake as a principal storage and water regulation facility
for the Yadkin-Pee Dee River Basin. APGI permits residential development along the shoreline
of High Rock Lake in accordance with the requirements outlined in APGI's Subdivision Access
Approval, Multi-Use Facility Permitting and Industrial Approval Procedures. The Bluffs at High
Rock Lake is proposed as a gated residential community comprised of ] 2 lots. Lots 1 through 11
are residential lots and Lot l2 is proposed as a community boat pier, launch and dock facility.
Construction of this facility will require authorization through RGP 198200030 and associated
Water Quality Certification No. 3492. An on-site road is proposed which will extend from Bluff
Lane to a gravel parking area at the community boat pier, launch and dock area. Construction
activities will be performed "in the dry" (during periods of draw-down) between the months of
November through February when fish are not spawning. The boat launch will be 16 feet wide
constructed of concrete and extend 50 feet outward. The boat pier and dock will be constructed
ofgrade-marked pressure-treated lumber and pilings by the American Wood Preservers' Bureau.
The floating devices of the pier and dock will be encased in manufactured plastic so that the
structures will not rest on the reservoir bottom. The three-leveled pier will consist of stationary,
ramp and floating sections. The dock will accommodate up to six watercraft with floating piers
to provide access to each boat slip from dry land. Industry-standard construction equipment will
be used to construct the project. Construction will not take place in wetlands.
Of the 11 residential lots, Lots 6 through 1 1 will have private boat piers offering private access to
the reservoir. These piers do not require notification through submittal of a PCN. Lot 1 is
landlocked and Lots 2, 3 and 4 are ineligible for a private pier due to construction restraints such
as the presence of jurisdictional waters of the U.S., which include wetlands. Lot 4 does not
satisfy the water depth requirements to accommodate a private pier. Lot 4 has been sold and the
current property owner may excavate the reservoir bottom to accommodate adequate water depth.
APGI will not permit excavation activities until the property owner has received the appropriate
permits from the USACE and DWQ.
Regional General Permitting S&ME Project No. 1357-OS-395A
The Bluffs at High Rock Lake December 4. 2006
PROPOSED JURISDICTIONAL IMPACTS
The proposed project will entail constructing a concrete boat ramp within Lot 12 that extends
from a parking area into High Rock Lake. The impact to the reservoir bottom associated with the
boat ramp is expected to be O.OI 8 acre (800 square feet). The floating sections of the associated
boat pier and dock will be encased in manufactured plastic so that impact to the reservoir bottom
will not occur. The stationary portions of the dock will be secured by pilings driven into the lake
bottom and will not involve dredging or filling. Construction of the facility will occur while High
Rock Lake is drawn down (during the months of November through February) using industry-
standard equipment and approved construction materials.
PROTECTED SPECIES
S&ME conducted a protected species assessment within the study area (land along the
approximately 3,600 If of shoreline of High Rock Lake, or land within 100 feet of the normal
full-pool elevation) consisting of a literature review and a site reconnaissance. The results of
these efforts did not reveal the presence of protected terrestrial species (plants or animals that
occur on land) within the study area. These results were incorporated into the EA document. As
mentioned previously, a copy of the EA document was submitted to the USFWS on September
27, 2005. The USFWS did not comment on the proposed project.
HISTORIC PROPERTIES
APGI has conducted a cultural resources assessment on some properties adjacent to High Rock
Lake. The subject property was included in this assessment and was determined to have low
cultural resources risk. As mentioned previously, S&ME also provided a scoping letter to SHPO
on September 26, 2005. SHPO responded with an October 1 1, 2005 letter stating their office was
not aware of historic resources that would be affected by the proposed project.
AVOIDANCE AND MINIMIZATION
APGI enforces strict guidelines that adjacent landowners must comply with to gain access to the
reservoir from their lot. These guidelines aid in avoiding and minimizing impacts to the
Regional General Permitting S&ME Project No. 1357-OS-395A
The Bluffs at High Rock Lake December 4. 2006
reservoir, associated shoreline and waters of the U.S. (streams), including wetlands and are
discussed below:
To comply with APGI's Shoreline Management Plan, Shoreline Stewardship Policy and
Specifications for Private Recreation Facilities, adjacent landowners to High Rock Lake must
obtain an APGI-administered permit prior to constructing a private pier. Before APGI will
approve such permits, certain criteria, such as water depth, must be met. However, High Rock
Lake is regularly subjected to a high sedimentation load which decreases the water depth of the
resen~oir. As a result, APGI will consider excavation of the reservoir bottom to achieve the
required water depth for a private pier through the landowner submitting an "Application for
Activity Permit for Reservoir and Shoreline Alteration (Excavation, Dredge and Fill)" along with
appropriate regulatory agency permits. APGI does not permit activities that will impact aquatic
vegetation or that will occur within waters of the U.S. Excavation was considered for Lots 2, 3
and 4 because the water depth was insufficient for a private or shared pier. However, due to the
presence of aquatic vegetation and waters of the U.S. adjacent to Lots 2 and 3, excavation of the
reservoir bottom cannot be authorized by APGI. APGI will consider Lot 4 eligible for excavation
of the reservoir bottom to reach the minimum water depth requirement, because aquatic
vegetation and waters of the U.S. are not located along the shoreline. Permitting and approvals
associated with excavation adjacent to Lot 4 will be the responsibility of the current property
owner.
Furthermore, APGI requires that piers be specifically designed to avoid impacts to the reservoir
bottom and shoreline environment without mitigation. Specifically, piers cannot extend into the
reservoir farther than 75 feet from the normal full-pool elevation. Ramps cannot extend further
than it is deemed necessary for the intended use. Additionally, the client has been given a copy of
RGP 198200030 so that the project will comply with the conditions of the permit.
Regional General Permitting S&ME Project No. ] 357-OS-395A
The Bluffs at High Rock Lake December 4, 2006
CLOSING
By copy of this correspondence and completed PCN, we are requesting your acceptance of this
permit application. Your timely response to this PCN is appreciated, and if we can provide
additional information or answer questions you may have, please feel free to contact us.
Sincerely,
S&ME, Inc.
l~~`~ C~
Suzanne L. Knudsen
Natural Resources Staff Professional
Lisa J. Beckstro , C.E., C.W.B.
Natural Resources Department Manager
Senior Reviewer
Attachments
Mr. Michael Laws, Bluffs at High Rock
PRE-CONSTRUCTION NOTIFICATION AND
AGENT AUTHORIZATION FORM
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 2 0 0 6 1 9 1 2
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
Check all of the approval(s) requested for this project: ~~ , , , ~h.
® Section 404 Permit ^ Riparian or Watershed 1~~~~les
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: RGP 198200030
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
1. Owner/Applicant Information ~;~
Name: The Bluffs at High Rock Lake L~c,~,: 1 al ZilU6
Mailing Address: PO Box 1974
Lexington, North Carolina 27293 oew Q~` -'~'~~~ ~~ :a,~~u1~~
N~'f~.NFlI7. a3~~ u70Rt'A>rY~T~it 9RtWt;r1
Telephone Number: 919-810-4929 Fax Number: 843-626-0193
E-mail Address: mwlaws@wesi-inc.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Suzanne Knudsen
Company Affiliation: S&ME, Inc.
Mailing Address: 9751 Southern Pine Boulevard
Charlotte, North Carolina 28273
Telephone Number: 704-523-4726 Fax Number: 704-525-3953
E-mail Address: sknudsen@smeinc.com
30~d
Updated 11/1/2005
Page 1 of 1 1
III. 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. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
I . Name of project: The Bluffs at High Rock Lake
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 12 Parcels: 612B014 - 612B025
(Former Tax PIN: 612 015 and 612 014)
4. Location:
County: Rowan Nearest Town: Spencer
Subdivision name (include phase/lot number): Bluffs at High Rock Lake-Phase I-Lots 1-12
Directions to site (include road numbers/names, landmarks, etc.):
From Charlotte: I-85 North to Exit 81 -Spencer. Right on Long Ferry Road, Left on
Bluff Lane
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.6716°N, 80.3286°W
6. Property size (acres): 19.4 acres
7. Name of nearest receiving body of water: High Rock Lake
8. River Basin: Yadkin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The study area within the subject property is limited to
land along the approximately 3,600 If of shoreline along High Rock Lake, or land
within 100 feet of the normal full-pool elevation of 655 feet (Yadkin Datum). The
Updated 11/1/2005
Page 2 of ] 1
subject property has been subdivided into 12 lots, of which some have been sold to
private individuals. Bluff Lane offers access to these lots from Long Ferry Road to the
south. An existing boat pier is located within the northwestern portion of the site along
the shoreline of Lot 5. The subject area is largely undeveloped, hardwood forest. A
riprap channel extends from Bluff Lane to High Rock Lake adjacent to Lot 4 in the
western portion of the site. One jurisdictional forested wetland and two jurisdictional
streams are located within the study area adjacent to Lots 2 and 3. A second
jurisdictional forested wetland is located adjacent to Lot 8. The vicinity of the study
area is residential and forested.
Vegetation observed within the canopy of the study area includes tulip tree
(Liriodendron tulipfera), white oak (Quercus alba), American sycamore (Platanus
occidentalis), water oak (Q. nigra), sugar maple (Ater saccharum), American beech
(Fagus grandifolia) and American basswood (Tilia americana). Vegetation observed
within the subcanopy of the study area includes sweetgum (Liquidambar styraciJlua),
tulip tree, sugar maple, silky dogwood (Corms amomum), mockernut hickory (Carya
alba), eastern redbud (Cercis canadensis), common buttonbush (Cephalanthus
occidentalis) and arrowwood (Viburum dentatum). Herbaceous vegetation within the
study area includes wild yam (Dioscorea villosa), spotted wintergreen (Chimaphila
maculata), maidenhair fern (Adiantum pedatum), black cohosh (Cimicifuga racemosa),
sessile-leaf bellwort (Uvularia sessilifo/ia), perfoliate bellwort (U. perfoliata), hairy sweet
Cicely (Osmorlriza claytonia), Virginia creeper (Partltenocissus quinquefolia), Japanese
honeysuckle (Lonicera japonica), may-apple (Podophyllum peltatum), strawberry bush
(Euonymus americanus), Christmas fern (Polysticltum acrostichoides), tickseed
(Coreopsis sp.), trillium (Tri/lium sp.), day lily (Hemerocallis fulva), iris (Iris sp.), and
common moonseed (Menispermum canadense). Lap trees (trees growing along the
reservoir shoreline) observed within the study area include sugar maple, sweet gum,
silky dogwood, black willow (Salix nigra), tag alder (Alms serrulata) and green ash
(Fraxinus pennsylvanica).
10. Describe the overall project in detail, including the type of equipment to be used: APGI
manages and operates High Rock Lake as a principal storage and water regulation
facility for the Yadkin-Pee Dee River Basin. APGI permits residential development
along the shoreline of High Rock Lake in accordance with the requirements outlined in
APGI's Subdivision Access Approval, Multi-Use Facility Permitting and Industrial
Approval Procedures. The Bluffs at High Rock Lake is proposed as a gated residential
community comprised of 12 lots. Lots 1 through 11 are residential lots and Lot 12 is
proposed as a community boat pier, launch and dock facility. Construction of this
facility will require authorization through RGP 198200030 and associated Water
Quality Certification No. 3492. An on-site road is proposed which will extend from
Bluff Lane to a gravel parking area at the community boat pier, launch and dock area.
Construction activities will be performed "in the dry" (during periods of draw-down)
between the months of November through February when fish are not spawning. The
boat launch will be 16 feet wide constructed of concrete and extend 50 feet outward.
The boat pier and dock will be constructed of grade-marked pressure-treated lumber
Updated 11/1/2005
Page 3 of 11
and pilings by the American Wood Preservers' Bureau. The floating devices of the pier
and dock will be encased in manufactured plastic so that the structures will not rest on
the reservoir bottom. The three-leveled pier will consist of stationary, ramp and
floating sections. The dock will accommodate up to six watercraft with floating piers to
provide access to each boat slip from dry land. Industry-standard construction
equipment will be used to construct the project. Construction will not take place in
wetlands.
Of the 11 residential lots, Lots 6 through 11 will have private boat piers offering private
access to the reservoir. These piers do not require notification through submittal of a
PCN. Lot 1 is landlocked and Lots 2, 3 and 4 are ineligible for a private pier due to
construction restraints such as the presence of jurisdictional waters of the U.S., which
include wetlands. Lot 4 does not satisfy the water depth requirements to accommodate
a private pier. Lot 4 has been sold and the current property owner may excavate the
reservoir bottom to accommodate adequate water depth. APGI will not permit
excavation activities until the property owner has received the appropriate permits
from the USAGE and DWQ.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. In November 2005, S&ME completed an Environmental Assessment
(EA) for the Bluffs at High Rock Lake, which was submitted to APGI for approval. The
EA document was prepared in accordance with Section V of the Subdivision Access
Approval, Multi-Use Facility Permitting, and Industrial Approval Procedures-Yadkin
Project FERC No. 2197 dated July 1, 1999 (Revised July 1, 2002). A portion of this
document included a Jurisdictional Wetlands and Waters of the U.S. Determination within
the study area (land along the approximately 3,600 linear feet [1fJ of shoreline of High Rock
Lake, or land within 100 feet of the normal full-pool elevation of 655 feet [Yadkin Datum]).
This effort determined the presence of one jurisdictional forested wetland and two
jurisdictional streams within the study area, adjacent to Lots 2 and 3. A second
jurisdictional forested wetland is located adjacent to Lot 8. The EA was submitted to
various regulatory and state agencies including the USAGE, U.S. Fish and Wildlife Service
(USFWS), DWQ, and N.C. State Historic Preservation Office (SHPO). In a March 31,
2006 email, Ms. Amanda Jones with the USAGE concurred with our findings of
jurisdictional areas located within the study area. Furthermore, Ms. Jones stated that the
impacts associated with the proposed project (construction of the community boat launch,
pier and dock within Lot 12) would require authorization by the USAGE under RGP
Updated 11/1/2005
Page 4 of 1 1
198200030 prior to construction of the project. To obtain USAGE authorization, a PCN
describing the proposed project and impacts must be submitted for approval.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
It is not anticipated the Bluffs at High Rock Lake project will require future 404/401
permits from the USAGE nor DWQ. The project will require future permits from APGI
such as any applicable reservoir excavation and private pier construction permits.
VI. Proposed Impacts to Waters of the United States
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The proposed project will entail
constructing a concrete boat ramp in Lot 12 that extends from a parking area into High
Rock Lake. The impact to the reservoir bottom associated with the boat ramp is
expected to be 0.018 acre (800 square feet). The floating sections of the associated boat
pier and dock will be encased in manufactured plastic so that impact to the reservoir
bottom will not occur. The stationary portions of the dock will be secured by pilings
driven into the lake bottom and will not involve dredging or filling. Construction of the
facility will occur while High Rock Lake is drawn down (during the months of
November through February) using industry-standard equipment and approved
construction materials.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to bath structure and flooding.
Updated 11/1/2005
Page 5 of 11
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (linear (acres)
( es/no feet
N/A N/A N/A N/A N/A N/A
Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: ~ 0.50 acre
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial or Average Stream Impact Area of
Number Stream Name Type of Impact Width Before Len th lm act
p
(indicate on ma) ]ntermittent? Im act (linea~feet) (ac
res)
N/A N/A N/A N/A N/A N/A N/A
Total Stream Impact (by length and acreage) N/A N/A
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water ]mpact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc. (acres
Lot 12 High Rock Lake Dredging due to construction Reservoir O.Ol8
of a concrete boat launch
Total Open Water Impact (acres) 0.018
6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect:
Stream Impact (acres): 0
Wetland Impact (acres): 0
Open Water Impact (acres): 0.018
Total Impact to Waters of the U.S. (acres) 0.018
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
Updated 11/1/2005
Page 6 of 1 1
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
APGI enforces strict guidelines that adjacent landowners must comply with to gain access
to the reservoir from their lot. These guidelines aid in avoiding and minimizing impacts to
the reservoir, associated shoreline and waters of the U.S. (streams), including wetlands and
are discussed below:
To comply with APGI's Shoreline Management Plan, Shoreline Stewardship Policy and
Specifications for Private Recreation Facilities, adjacent landowners to High Rock Lake
must obtain an APGI-administered permit prior to constructing a private pier. Before
APGI will approve such permits, certain criteria, such as water depth, must be met.
However, High Rock Lake is regularly subjected to a high sedimentation load which
decreases the water depth of the reservoir. As a result, APGI will consider excavation of
the reservoir bottom to achieve the required water depth for a private pier through the
landowner submitting an "Application for Activity Permit for Reservoir and Shoreline
Alteration (Excavation, Dredge and Fill)" along with appropriate regulatory agency
permits. APGI does not permit activities that will impact aquatic vegetation or that will
occur within waters of the U.S. Excavation was considered for Lots 2, 3 and 4 because the
water depth was insufficient for a private or shared pier. However, due to the presence of
aquatic vegetation and waters of the U.S. adjacent to Lots 2 and 3, excavation of the
reservoir bottom cannot be authorized by APGI. APGI will consider Lot 4 eligible for
excavation of the reservoir bottom to reach the minimum water depth requirement,
because aquatic vegetation and waters of the U.S. are not located along the shoreline.
Permitting and approvals associated with excavation adjacent to Lot 4 will be the
responsibility of the current property owner.
Updated 11/1/2005
Page 7 of 1 1
Furthermore, APGI requires that piers be specifically designed to avoid impacts to the
reservoir bottom and shoreline environment without mitigation. Specifically, piers cannot
extend into the reservoir farther than 75 feet from the normal full-pool elevation. Ramps
cannot extend further than it is deemed necessary for the intended use. Additionally, the
client has been given a copy of RGP 198200030 so that the project will comply with the
conditions of the permit.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
It is anticipated that the proposed project will not require mitigation. Therefore, no
mitigation plan has been developed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
Updated 11/1/2005
Page 8 of 11
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ N/A
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Updated 11/1/2005
Page 9 of 1 1
Zone* Impact
(s uare feet) Multiplier Required
Miti ation
1 3 (2 for Catawba)
2 1.5
Total
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach ali appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The proposed project will not generate
impervious surfaces that will increase stormwater runoff; therefore stormwater controls
will not be necessary.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The wastewater generated from the Bluffs at High Rock Lake will be processed by septic
systems. Construction of the community facilities in Lot 12 will not generate future or
current wastewater.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
Updated I I/1/2005
Page 10 of 1 1
if yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The proposed project outlined in this PCN will follow strict guidelines as set forth by
APGI. It is in the intent of these guidelines to avoid degradation of water quality. The
Bluffs at High Rock Lake residential community will not create secondary and cumulative
impacts affecting downstream portions of High Rock Lake.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Activities associated with the impacts outlined in this PCN are anticipated to be completed
before March 2007 when the reservoir is drawn down and fish are not spawning.
~~~ ~
ial.~/
Applica t/Agent' Signature Date
(Agent's signature aid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 11 of 11
S&ME
AUTHORIZATION FORM
TO ACT AS AGENT WITH THE
US ARMY CORPS OF ENGINEERS
Date: July 26, 2006
Project lnformaticn
S&ME Project Name; Bluffs at High Rock Lake
Type of Project: Natural P.esources Services
Location: Rowan County, North Carolina
Propert}~ Owner/Representative Information
Business Name: _._,.-
:~ i
Mailing Address:
City, State, Zip Code:
L~x~.
Telephone No_
~~
Contact:
Agent Information
Business Narne: S&IVIE, Inc.
Street Address: 9751 Southern Pine Boulevard
City, State, Zip Code: Charlotte, NC 28273
Telephone No. (704) 523-4726
Contact: Ms. Suzanne Knudsen
Authori2ation: I _/~///l~/~G~/ ~.~f on behatfof
(Contact Suture
~ %~ ~ ~ /~ hereby authorize
(Name of Lando er or Representative)
S&ME, Inc. to act as agent for the above- Toned project.
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Source: MapQuest Website
Scale: As Shown
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Date: 11-30-06
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SITE VICINITY MAP
Bluffs at High Rock Lake
- - Rowan County, North Carolina
Project No.: 1357-05-395A
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Figure
1
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Approximate limits of subject property
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Scale: As Shown
Checked by: LJB
Drawn by: SLK
Date: 11-30-06
USGS TOPOGRAPHIC MAP
Bluffs at High Rock Lake
Rowan County, North Carolina
Project No.: 1357-05-395A
Figure
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2002 AERIAL PHOTOGRAPH Figure
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Rowan County, North Carolina
Project No.: 1357-05-395A
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Lot 5
1.1 Acres
Point
Boat Dock
DEC \
DEC
Approximate location of
existing residential structure
Approximate location of existing,
partially constructed boathouse
Cove
Approximate Subdivision
Boundary
Bluff Lane
Lot 4
. 6 Acres
Cove View
No pier/dock
D
~! ~;
or ~ ~ ~ zoo
LEGEND
~~~_' ~ ' ~ Approximate Location of
Existing Boat Dock
1 Conceptual Location
iii 4
C~ ' ' 0
of Boat Dock
Enlarged portion
REFERENCE: Basemap provided by Shulenburger Surveying Company, P.A. and modified by S&ME, Inc.
SCALE: DRAWN BY: CHECKED BY: FIGURE:
NTS DRA/SLK LJB LOT
CHARACTERISTICS 5
PROJECT NO: DATE: ,.r The Bluffs at High Rock Lake
~=
1357-05-395A 08/12105 Rowan County, North Carolina
Lot 6
.8 Acres
Cove Vlew
Boat Dock
Approximate location of
existing riprap channel
-_. ---
. ,
F~
LEGEND
Conceptual Location
of Boat Dock
Approximate Locatior
Of Wetland B
~I features identified have not
~ted nor verified by the USACE.
D ran. ~Q~
`~l~ ~D
OE D
~ ~ ~ 1006
s~srOR"'"'''~R~cti
REFERENCE: Basemap provided by Shulenburger Surveying Company, P.A. and modified by S&ME, Inc.
SCALE: DRAWN BY: CHECKED BY:
NTS DRA/SLK LJB
PROJECT NO: DATE:
1357-05-395A 08/12105
FIGURE:I
LOT
CHARACTERISTICS 6
The Bluffs at High Rock Lake
Rowan County, North Carolina
Approximate Subdivision
~ Boundary
10~
6~GF
~~~F
Lot 10
Enlarged portion 2, 0 Acres
Point
Boat Dock
Lot 11
2, 0 Acres
Poin~/Cove
Boat Dock
-------____ -------___ ----- -_l
~ Cove
~~' LEGEND
~1~~~1~~1~~"f ~~~~
>
,~
f 0 Conceptual Location OEC t, y 219 6
of Boat Dock i
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REFERENCE: Basemap provided by Shulenburger Surveying Company, P.A. and modified by S&ME, Inc.
SCALE: DRAWN BY: CHECKED BY: FIGURE:
NTS DRA/SLK LJB LOT
CHARACTERISTICS 7
PRO~ECrNO: DATE: The Bluffs at High Rock Lake
1357-05-395A 08!12105 Rowan County, North Carolina
N
ro
N
Lot 12 _--`
- -_
Residual Tract --' '
2.4 Acres - '" ~~ ~~
Boat Ramp .--, - - -. _
.-
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' ~' LEGEND
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'' 0
-' ! ramp and dock design
--- "
- , ,,- i
--'----~ ' ~ Approximate Location
e~G~
REFERENCE: Basemap provided by Shulenburger Surveying Company, P.A. and modified by S&ME, Inc.
Of Proposed Lake
Access Road
^~ u~~~
'iEC ~ 3 2006
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SCALE:
NTS DRAWN BY:
DRA/SLK CHECKED BY:
LJ13 LOT FIGURE:
CHARACTERISTICS
PRO~ECTNO: DATE: The Bluffs at High Rock Lake $
1357-05-395A 08!12/05 _ Rowan County, North Carolina
p ~~rb~~
~.~ ~~~
DE(~ 1113 2006
DENS :~~ ~ ~,. :~
REFERENCE: Basemap provided by WH Lynch and modified by S&ME, Inc.
SCALE: DRAWN BY; CHECKED BY: BOAT RAMP AND FIGURE:
NTS SLK LAB DOCK DESIGN
PRO~ECTNO: DATE: _ The Bluffs at High Rock Lake 9
1357-05-395A 11-30-06 - Rowan County, North Carolina
SITE PHOTOGRAPHS
a;~ ~
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~ t '41t°
~lRT~f+i'IFJ~1~R tiff v.er ~ n J~~~i!
Photo 1: Lot 11, facing northwest within mature hardwood forest.
Photo 5: Facing east along existing boat dock, a partially
constructed building and stairs within Lot 5.
6/9/05
Taken by: SLK _' ~~~I
Checked by: LJB -
Project No. 1357-05-395A `may
Photo 2: Debris in cove located near Lots 2, 3 and 4.
Photo 3: Debris near Lot 7.
Photo 4: Facing northwest toward existing residence and 2
decks within Lot 5.
6/9/05 SITE PHOTOGRAPHS
Taken by: SLK The Bluffs at High Rock Lake
Checked by: LJB _ _~ ~ S&M E
Project No. 1357-05-395A ~ Rowan County, NC
Sheet
2
Photo 7: Facing east toward cleared path within Lot 5.
Photo 8: Facing north near Lot 6 toward eroded, steep
shoreline slope.
Photo 9: A beach area with gradual topography at Lot 11.
Photo 10: Facing north toward Wetland A in Lot 3.
Photo 11: Facing south within Wetland B in Lot 8.
Photo 12: Facing upstream along Stream 1 in Lot 2.
APGI APPROVAL LETTER AND
APPROPRIATE AGENCY RESPONSES
ALCOA
April 5, 2006
Suzanne L. Knudsen
S&ME, Inc.
9751 Southern Pine Boulevard
Charlotte, NC 28273
RE: APGI Yadkin Project (FERC No. 2197)
The Bluffs at High Rock Lots 1 - 12
Suzanne,
Alcoa Power Generating inc.
Hydro Division
PO Box 576
Badin, North Carolina 28009-0576
Tel: 1-888-886-1063
Fax: 1-704-422-5776
wvvw.alcoa.corn/tapoco
Alcoa Power Generating Inc. (APGI), through its Yadkin Division (Yadkin), reviewed
the Environmental Assessment (EA) and Agency Consultation documents as
prepared and submitted by S&ME, for Lots 1 - 12 at The Bluffs at High Rock
residential community in Rowan County to determine the eligibility of the subject lots
for private residential access to High Rock Reservoir. As a reminder, High Rock
Reservoir, because of its size, functions as a storage reservoir and serves as the
principal storage and water regulation facility for nearly the entire Yadkin/Pee Dee
River including Yadkin's and other's downstream hydroelectric operations. The
operation of High Rock powerhouse, and consequently releases of water through
the turbines, depends primarily on current water level, streamflow into the
Reservoir, and time of year. Because High Rock Reservoir is a storage reservoir,
there are seasonal fluctuations in resenvoir water levels. Also, because of Yadkin's
minimum water discharge requirements, extensive drawdowns of the Reservoir can
occur during drought conditions.
Yadkin manages the FERC-licensed Yadkin Project (Project) in an environmentally
responsible manner, generally consistent with the recommendations of state and
federal resource agencies. Accordingly, Yadkin has reviewed the EA along with
agency comments from the NC Department of Environment and Natural Resources
(NCDENR), the NC Division of Parks and Recreation (NCDPR), the NC Division of
Water Resources (NCDWR), the NC Wildlife Resources Commission (NCWRC},
the NC Department of Cultural Resources (NCDCR), and Rowan County and has
made the fallowing determinations about eligibility for private residential access to
the reservoir.
In order for Lots 1 - 12 to be determined eligible for a pier, the lots must meet the
following relevant eligibility requirements as described in the Yadkin Shoreline
Management Plan (SMP):
r i ~ ~
A. Lots must meet the minimum lot width, water depth, and cove width
specifications outlined in the Private Recreation Facility Specifications.
B. In new subdivisions platted and recorded on or after July 1, 1999, lots must
maintain a 100-foot forested setback. Additionally, all structures (including
but not limited to buildings, houses, driveways, roof overhangs, decl~s,
porches, patios, cantilevered decks, stairs, posts, columns, fences, retaining
walls, landscaping walls, and gazebos) must be set back at least 100-ft from
the reservoir shoreline.
C. In order for a lot in a new subdivision to be eligible for a private pier, the
subdivision developer must have satisfied Yadkin's applicable Environmental
Assessment or Agency Consultation Process requirements and obtained
subdivision access approval as set fo ~h ire `fadkin's Subdivision Access
Approval.
Eligibility Determination
The EA provides sufficient information to determine whether Lots 1 - 12 meet these
eligibility requirements.
Minimum Requirements
Lots 2-11 meet the requirement that adjacent landowners each have 200 feet
minimum shoreline width for an individual pier. Lot 1 does not adjoin the reservoir
and is accordingly not eligible for access to the reservoir. The developer is not
requesting private residential access to the reservoir for Lot 12, but rather is
proposing the installation of a community boat ramp on this lot.
Lots 5, 6, 7, 8, 9, 10, and 11 meet Yadkin's minimum water depth eligibility
requirement of eight feet within 75-ft of the shoreline or "/4 of the cove width,
whichever is less. Lots 2, 3, and 4 do not meet Yadkin's minimum water depth
eligibility requirement. Excavation may be an option to increase the water depth
adjacent to Lot 4. However, there are areas of wetland vegetation adjacent to Lots
2 and 3 that prohibit excavation. Please keep in mind that any excavation must be
conducted and completed in accordance with the specifications for Shoreline and
Reservoir Alteration (Section VII) of the Shoreline Stewardship Policy. Additionally,
as mentioned, excavation will not be permitted in wetland areas or areas where
aquatic vegetation is present.
In order to receive approval for excavation adjacent to Lot 4, the applicant must first
satisfy the application requirements described in the SMP. Included in these
requirements (but not limited to) is the approval of the US Army Corps of Engineers
(USAGE) and the NC Division of Water Quality (NCDWQ) by way of a Section 404
permit and a Section 401 Water Quality Certification. only once the necessary
permits and approvals are obtained may excavation occur. An excavation
application has been enclosed for your convenience.
The boat launch ramp proposed for Lot 12 must first satisfy the application
requirements described in the Subdivision Access, Multi-use Facility Permitting, and
Industrial Use Procedures (Procedures) of the SMP. Prior approval of the USACE
and the NCDWQ by way of a Section 404 permit and a Section 401 Water Quality
Certification will be required. Only once the necessary permits and approvals are
obtained, including a signed construction permit from Yadkin and a professional
engineer's certification that the ramp will be safe and structurally sound, may the
installation of the boat ramp occur.
100-Foot Forested Setback
In order to be eligible for a private pier, vegetation within 100-foot forested setback
must be maintained as it existed prior to development. This approval of eligibility is
given on the condition that, at a minimum, the existing buffer is maintained in
accordance with the vegetation management guidelines outlined in `~'adkin's
Shoreline Stewardship Policy (copy previously provided).
Subdivision Access Approval
Yadkin's applicable EA and/or Agency Consultation Process requirements for
Subdivision Access Approval as set forth in the SMP have been satisfied.
In summary, Yadkin has determined that Lots 5 -11 are eligible for an individual pier
provided the conditions outlined above and within the Shoreline Stewardship Policy
are met.
Lot 4 meets the shoreline frontage and cove width requirements but does not meet
Yadkin's minimum water depth requirement. Excavation may be an option to
increase water depth provided that the conditions outlined above and within the
Shoreline Stewardship Policy are met. The cove width adjacent to Lot 4 is
approximately 150-ft. Yadkin's minimum water depth requirement would need be
satisfied within 37.5-ft of the full pool elevation.
Lots 2 and 3 meet the shoreline frontage and cave width requirements but do meet
Yadkin's minimum water depth requirement. However, there are areas of wetland
vegetation adjacent to Lots 2 and 3 that prohibit excavation and accordingly, Lots 2
and 3 are not eligible for reservoir access.
Agency Recommendations
Agency comments from the NCDENR, NCDPR, NCDWR, NCWRC, NCDCR, and
Rowan County have been received and reviewed. In addition to the requirements
of eligibility discussed above, Yadkin will require, through its construction and
private recreation facility permits, that the following recommendations be met:
• An in-water work moratorium is recommended to take place between April 1
and June 1.
This recommendation is also contained within Yadkin's Shoreline
Stewardship under the specifications for Shoreline and Reservoir Alteration.
w ~ ~ •
At such a time, approval of any excavation permit will only be granted if the
requirements and specifications for excavation are met.
• It is recommended that tl~e developer install suitable trees and brush under
the pier to provide suitable aquatic habitat.
Yadkin concurs with this recommendation. Final determination of any
mitigation measures required will be determined in conjunction with the
relevant permitting process.
• The use of insecticide, herbicides, fertilizers, and cleaners must be avoided
near or over water.
Yadkin's SMP expressly prohibits the application of pesticides or herbicides
in the Project reservoirs, on Project lands, or on the Yadkin-Managed Buffer
without Yadkin's written permission. In accordance with the SMP and
NCWRC's recommendation, the use of such chemicals shall not occur
without prior approval.
State erosion and sedimentation control measures must be strictly adhered
to.
Yadkin concurs that all applicable erosion and sedimentation control
measures be applied. Final determination of any mitigation measures
required or applicable regulations will be determined in conjunction with the
relevant permitting process.
• It is suggested that all disturbed areas be planted with native vegetative
cover as soon as work in the project area has ceased.
Yadkin concurs with this recommendation. Final determination of any
mitigation measures required will be determined in conjunction with the
relevant permitting process.
It is suggested fo fhe extent any shoreline stabilization is to occur native
trees, shrubs, and aquatic vegetation be planted along the edge of the
shoreline.
Yadkin concurs with this recommendation. Final determination of any
mitigation measures required will be determined in conjunction with the
relevant permitting process.
Next Steps
Once the required Subdivision Access Approval fee of $5,000.00 has been
provided, Yadkin will consider The Bluffs at High Roclc EA complete for private
individual pier development. This means that Yadkin will then accept and begin
processing private pier applications from homeowners with a house under roof on
lots 5 - 1 ~ . Yadkin will continue to work with the developer in accordance with its
•
Procedures to determine if the proposed boat launch ramp on Lot 12 may be
installed.
For Lot 4 successful completion of the excavation process must take place prior to
that Lot being eligible for a private recreation facility. Any reservoir excavation must
be conducted and completed in accordance with the specifications for Shoreline
and Reservoir Alteration (Section VII) of the Shoreline Stewardship Policy.
Assuming excavation achieves the required minimum water depth, and once the lot
has house under roof on it, the property owner{s) could then apply for a construction
permit for a pier accordance with the applicable SMP guidelines. Completion of the
EA and this determination of eligibility will clear the way for Yadkin to begin
processing the required excavation and other activity permits.
This letter in no way constitutes pre-approval or conditional approval of any
excavation, private pier, or activities to occur on the Yadkin-Managed Buffer, along
the shoreline, or in the reservoirs (including installation of private individual or
shared piers, or multi-use facilities, shoreline stabilization measures, pathways, or
vegetation clearing). Permission to install, structures, construct piers, clear or plant
vegetation or conduct excavation will be considered with the individual property
owners and will be granted in accordance with Yadkin's existing policies and
practices at such time as permission is applied for.
Please feel free to contact me at (704) 422-5644 or robert.smet ar7,alcoa.com if you
have questions or need additional information.
Robert Smet
Environmental and Natural Resources Manager
Enclosure
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North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter D. Sandbeel:, Adminivrn,ar
J.inbcth (.:. tScans, tiecrctarv
Jeffrey J. C:ro,v, Deputy ticcretary
October l 1, 2005
Suzanne L.I~nudsen
S&IvIE
9751 Soudlenl Pine P~oulevard
Charlotte, NC 28273
Office of Archives And I-listory
Division of hlistorical Resources
David Brook, Director
Re: The Bluffs at High Roclc Lahe, Long Ferry Road, S&ME 1357-05-395, Rolvan County, ER 05-2287
Dear Ms. Itnudsen:
Thanl: you for your letter of September 26, 2005, concerning the above project.
We have conducted a review of the project and are aware of no historic resources that would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Ad~risory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 3G CFR
Part 800.
Thanl~ you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. in all future
corrlmulucatian concerning this project, please cite the above-referenced t4acking number.
Sincerely,
~~
e~7 ~.
Peter Sandbeclc
Location Mailing Address Telephone/Fax
ADMINISTRATION 5117 N. Dluunt Strcct, Raleigh NC 4617 Alail tien•ice Ccn,cr, Raeigh NC 271,9')-4GI7 (919)733-4763/733-N653
RESTORATION 515 N. Illuunt Stnct, Raleigh NC 4117 Alni) Service Cem,cr, llalcigh NC 27699-4GI7 (919)73J-6547/715-4N111
SURVEY & PLANNING 515 N. Dluunt Stren, Raleigh, NC 4617 M1{ail Sen•ice Canter, lialeigh NG 27G')'I-4617 (919)733-G545/715.4HI11