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HomeMy WebLinkAbout20081596 Ver 1_401 Application_200810085&ME 3718 Old Battleground Road Greensboro, North Carolina 27410 Fa Phone: 80 ?:tf'3 9 y r.-A i (336) 288-8980 LETTER OF TRANSMITTAL l . Date: 10/16/08 Or Zile J`NR. - V?'A7ER, ilUP.L;1Y Project Number 1588-07-047 WEELA'NDSAr:o From: Melanie McKinne To: Ms. Cyndi Karoly Copy to: File NC Division of Water Quality 401 Wetlands Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, North Carolina 27604 (919) 733-1786 Subject: Application for Regional General Permit No. 198200030 Transmitted via First Class Overnight X Hand Other Mail Express ? Delivery ? Remarks: Ms. Karoly, Please find attached the following: • 5 copies of an application for Regional Permit No. 198200030 • Check in the Amount of $240.00 Please feel free to contact me at 336.288.7180 or mmckinneygsmeinc.com if you have questions or require additional information. Thanks you,, 1 Melanie V *J SWE, Inc. 3718 Cld Battleground Rd, Greensboro, North Carolina 27410 011420 + PLEASE DETACH AND RETAIN FOR YOUR RECORDS i INVOICE D. VOUCHER NO. AMOUNT 10-15-08 1588-07-049-Ph 1 1588-5040 $ 240.00 .l S ?s c° 4 I, y DEW - WATER, UUAL! f y WrTj 6 vno Aun crn... r..,;.. .__ .. _ - -- - ' ? • ......r r. a.n UI YN b V17 S ME Bank of America Greensboro, NC 27410 3718 Old Battleground Rd. Greensboro, North Carolina 27410 October 15, 2008 (336) 288-7180 PAY Two-Hundred-Forty- DOLLARS AND 00/100 CENTS TO THE NC Division of Water Quality DER OF 410 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699 66-55 531 $ **240.00** 011420 NOT VALID FOR AMOUNTS INEQSS OF $1,000.00 010 11.0114200 i:053LOOS 591: 02138237911' USACE SECTION 404/DWQ SECTION 401 REGIONAL GENERAL PERMIT NO.198200030 Crane Point at High Rock Lake Rowan County, NC S&ME Project No. 1588-07-047 Prepared for: Molasses, LLC P.O. Box 1234 Lexington, NC 27293 Prepared by: S&ME, Inc. 3718 Old Battleground Road Greensboro, North Carolina 27410 October 16, 2008 #S&ME Gelehrating 35 Years ' 1973.2008 October 16, 2008 U.S. Army Corps of Engineers Asheville Regulatory Field Office ' 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Attention: Mr. Steve Chapin North Carolina Division of Water Quality ' 401 Wetlands Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, North Carolina 27604-2260 ' Attention: Ms. Cyndi Karol y ' Reference: Regional General Permit No. 198200030 Application Crane Point at High Rock Lake ' Rowan County, North Carolina S&ME Project No 1588-07-047 . Dear Mr. Chapin and Ms. Karoly: S&ME, Inc. (S&ME) is pleased to submit this application for impacts to waters of the U.S., including wetlands in accordance with the U.S. Army Corps of Engineers (USACE) Regional General Permit (RGP) No. 198200030. S&ME is working on behalf of Molasses, LLC who will be considered the applicant for this pen-nit. Please find enclosed the following: ' Fi Si Vi i gures: te c nity Map (Figure 1), USGS Topographic Map (Figure 2), Soils Map (Figure 3), Aerial Map with Photo Locations (Figure 4), Approximate Wetlands Map (Figure 5), Proposed Pier Location Map (Figure 6), Proposed Launch Ramp for Permitting Drawings (Sheets 1-5) Appendix 1: Completed Pre-Construction Notification (PCN) and signed Agent ' Authorization Form Appendix 11: Site Photographs Appendix III: Upland and Wetland Data Forms, USACE Approved Jurisdictional Fonn A i ' ppend x IV: Alcoa Power Generating, Inc. (APGI) Subdivision Access Approval Letter dated March 6, 2008 Appendix V: Copies of agency correspondence 1 SWE, INC. / 3718 Old Battleground Road / Greensboro, INC 27410 / p 336.288.7180 f 336.288.8980 / www.smeinc.com 1 General Regional Permit No. 198200030 SWE Project No. 1588-07-047 Crane Point at High Rock Lake, Rowan County, NC October 16, 2008 PROJECT BACKGROUND For purposes of this pen-nit application, the subject property is referred to as the Crane Point at High Rock Lake and is an approximately 23-acre tract located along the shoreline of High Rock Lake, on Crane Point Road in Rowan County, North Carolina (35.3949°N, 80.1957°W). Provided below is a list of pertinent information relating to the site and the permit applicant: Table 1: Project Information Summary Applicant: Molasses, LLC Mailing Address: P.O. Box 1234 Lexington, NC 27293 Attention: Mr. Tim Ragan Telephone Number: 336.240.0672 Address of Project: Crane Point Road Size of Project Area: Approximately 23 Acres Closest Waterway: High Rock Lake, Class C River Basin: Yadkin Count : Rowan Coordinate Location of Boat Ramp: . 35.39490N, 80.1957°W USGS Quadrangle: Southmont, NC 1987 In December 2007, S&ME completed an Environmental Assessment (EA) for Crane Point 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. Detennination within the study area (land along the approximately 2,600 linear feet [If] of shoreline of High Rock Lake, or land within 100 feet of the nonnal full-pool elevation of 655 feet [Yadkin Datum]). This effort determined the presence of two jurisdictional forested wetlands, Wetland A, located in Lots 4 and 5, and Wetland B, located in Lots 7 and 8, as depicted in Figure 5. The EA was submitted to various regulatory and state agencies including the USACE, U.S. Fish and Wildlife Service (USFWS), Division of Water Quality (DWQ), and N.C. State Historic Preservation Office (SHPO). J General Regional Permit No. 198200030 SWE Project No. 1588-07-047 Crane Point at High Rock Lake, Rowan County, NC October 16, 2008 EXISTING SITE CONDITIONS The study area within the subject property is limited to land along approximately 2,600 if of shoreline as measured from the normal full-pool reservoir elevation of High Rock Lake, extending 100 feet inland. The existing land use within this area is largely undeveloped, hardwood forest (Photo 3). Generally, canopy vegetation within the study area was dominated by deciduous hardwoods including willow oak (Quercus phellos), sweetgum (Liquidambar styraciflua), and northern red oak (Q. rubra). In addition to the deciduous species, shortleaf pine (Pinus echinata) was interspersed within the canopy of upland areas. Subcanopy trees included blackgum (Nyssa sylvatica), white oak (Q. alba), red maple (Ater rubrum), eastern red cedar (Juniperus virginiana), American holly (Ilex opaca), and possumhaw (I. decidua). The shrub layer in upland areas included strawberry bush (Euonymus americanus) and Russian olive (Elaeagnus angustifolia). Herbaceous vegetation observed within the study area included spotted wintergreen (Chimaphila maculata), gamma grass (Tripsacum dactyloides), Solomon's seal (Polygonatum biflorum), partridgeberry (Mitchella repens), and Japanese honeysuckle (Lonicera japonica). An existing, maintained powerline easement bisected Lot 10 in the northeastern portion of the study area, exiting the study area upon crossing a cove. Vegetation observed in the maintained powerline easement included plume grass (Erianthus contortus), small-head sunflower (Helianthus microcephalus), goldenrod (Solidago sp.), sericea lespedeza (Lespedeza cuneata), five-fingers (Potentilla canadensis), Indian hemp (Apocynum cannabinum), mullein (Verbascum thapsis), and maypops (Passiflora incarnata). Additionally, saplings of shortleaf pine, willow oak, and sweetgum were observed within the powerline easement. Two small wetlands, identified as Wetland A, located in Lots 4 and 5, and Wetland B, located in Lots 7 and 8 are depicted in Figure 5. Wetlands A and B exhibited wetland pockets that appear to retain water after the lake recedes from high water levels. Vegetation observed in these areas included river birch (Betula nigra), green ash (Fraxinus pennsyNanica), black willow (Salix nigra), button bush (Cephalanthus occidentalis), silky dogwood (Corpus amomum), persimmon (Diospyros virginiana), smartweed (Polygonum sp.), and bugleweed (Lycopus virginicus). Debris including bottles, shoes, and tires within the coves adjacent to Lots 4, 5 (Photo 5), Lot 6 (Photo 7), and Lots 7, 8 (Photo 8) was observed. An existing concrete boat ramp was observed between an off-site property and the southwestern portion of Lot 4. 1 An area has been cleared within Lot 1 (Photos 1, 2) approximately 50 feet from the high water elevation inland. We understand that the previous property owner cleared this area, under a grandfather clause of Alcoa's Shoreline Stewardship Policy, prior to Molasses, LLC's acquisition of the property. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 General Regional Permit No. 198200030 Crane Point at High Rock Lake, Rowan County, NC SWE Project No. 1588-07-047 October 16, 2008 The topography of the shoreline within the property is generally gradual with sandy beaches located in many of the coves. Lots 3, 4, 10, and 11 have steeper topographic areas adjacent to their shorelines. ON-SITE JURISDICTIONAL AREAS Wetlands S&ME's Jurisdictional Determination found two small wetlands, identified as Wetland A, located in Lots 4 and 5, and Wetland B, located in Lots 7 and 8 which are depicted in Figure 5. Wetland A is approximately less than 0.05 acre in size and Wetland B is approximately less than 0.10 acre. Streams No on-site jurisdictional streams were identified during S&ME's Jurisdictional Detei7nination. 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 pen-nits 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. Crane Point at High Rock Lake is proposed as a residential community comprised of 22 lots. Lots 1 through 11 are shoreline lots with 10 eligible boat piers. Additionally, the proposed project entails the construction of a boat ramp, boarding dock, and a lake access road for use by residents, along an approximate 0.15- acre lot, located west of Lot 1. Construction of the boat ramp will require authorization through RGP 198200030 and associated Water Quality Certification No. 3693. An on- site road is proposed which will extend from a cul-de-sac to the community boat launch and dock area. Construction activities will be performed "in the dry" (during periods of draw-down) between the months of October through April when fish are not spawning. The boat launch will be 16 feet wide constructed of concrete and extend 85 feet outward. The boat pier and dock will be constructed of galvanized steel and all deck materials will consist of Trex Decking. The floating devices of the pier and dock will be encased so that the structures will not rest on the reservoir bottom. The dock will accommodate watercraft for access during boarding. Industry-standard construction equipment will be used to construct the project. Construction will not take place in wetlands. Of the 11 residential shoreline lots, Lots 1-5 and Lots 7-11 will have private boat piers offering private access to the reservoir. Lot 6 does not meet the minimum shoreline width requirement for a private pier and therefore, Molasses, LLC has proposed for Lots 6 and 7 to share a pier. Lots 1-4 and Lots 8-11 do not require notification through submittal of a Pre-Construction Notification (PCN). Lots 5-7 do not satisfy the water depth requirements to accommodate private piers and private property owners may excavate the reservoir bottom to accommodate adequate water depth. APGI will not i General Regional Permit No. 198200030 SWE Project No. 1588-07-047 Crane Point at High Rock Lake, Rowan County, NC October 16, 2008 pennit excavation activities until the property owner has received the appropriate permits from the USACE and DWQ. It will be the responsibility of individual property owners to obtain USACE, DWQ, and APGI permits for any excavation activities for private piers. The purpose of this application is to obtain a RGP 198200030 and associated Water Quality Certification No. 3693 for construction of the boat ramp within waters of the U.S. PROPOSED JURISDICTIONAL IMPACTS The proposed project will entail constructing a concrete boat ramp west of Lot 1 that extends from a cul-de-sac area into High Rock Lake. The impact to the reservoir bottom associated with the boat ramp is expected to be 0.04 acre (1,615 square feet). Construction of this facility will require authorization through RGP 198200030 and associated Water Quality Certification No. 3693. The floating sections of the associated boat pier and dock will be encased 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 October through April) using industry-standard equipment and approved construction materials. This pen-nit application submittal has been triggered by the proposed construction of a concrete boat ramp. Any future excavation proposed by individual lot owners for private piers will be the responsibility of the owners to obtain. PROTECTED SPECIES AND HISTORIC PROPERTIES Federally-Protected Species S&ME conducted a protected species assessment within the study area (land along the approximately 2,600 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. Results of these efforts did not reveal the presence of federally 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 October 15, 2007. The USFWS did not comment on the proposed project. An additional letter was provided to both the USFWS ' and the North Carolina Natural Heritage Program (NCNHP) on September 3, 2008. The NCNHP responded in a letter dated September 5, 2008 stating that they have no record or rare species, significant natural communities, significant natural heritage areas, or ' conservation/managed areas at the site, nor within one-half mile of the project area. To date the USFWS has not responded to our latest letter. 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 copy of the EA to SHPO on October 15, 2007. SHPO responded with a December 20, 2007 G l R i enera eg onal Permit No. 198200030 SWE Project No. 1588-07-047 Crane Point at High Rock Lake, Rowan County, NC October 16, 2008 l etter, attached, 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 reservoir, associated shoreline and waters of the U.S. 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 pen-nit 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 pen-nits. APGI does not permit activities that will impact aquatic vegetation or that will ' occur within waters of the U.S. Excavation may be considered by the future private owners of Lot 5 and for a shared pier between Lots 6 and 7 since the water depth was insufficient for piers. APGI will consider Lots 5-7 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 central portion of the shoreline. Permitting and approvals associated with excavation adjacent to Lots 5-7 will be the responsibility of ' the future private property owners. ' 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 nonnal full-pool elevation. Ramps cannot extend further than it is deemed necessary for the intended use. APGI will not permit activities on individual lots that will impact aquatic vegetation or impacts to waters of the U.S. including Wetlands A and B. No impacts to Wetlands A and B are ' proposed for this project. REGULATORY CONSIDERATIONS ' No wastes spoils or fills be placed within waters or riparian areas beyond the limits of those depicted in this PCN application. Appropriate sediment and erosion control ' practices equaling those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" will be required as part of ' the project specifications that govern the proper design and meet appropriate turbidity water quality standards. 1 General Regional Permit No. 198200030 SWE Project No. 1588-07-047 Crane Point at High Rock Lake, Rowan County, NC October 16, 2008 ' The North Carolina Wildlife Resources Commission (NCWRC) has provided a list of "Standard Recommendations for Marina Activities on Lakes" for this project. ' Construction moratoriums established by NCWRC will be adhered to by Molasses, LLC. Deed notifications for Wetlands A and B are not proposed for this project since the ' wetlands are located within 100-feet of the normal pool elevation of High Rock Lake, regulated by APGI. No impacts to these wetlands would be allowed by APGI and any activities including tree removal, or construction of pathways or trails would require approval by APGI. MITIGATION The proposed project entails permanent impacts to 0.04 acre of waters of the U.S. We do 1 not anticipate that mitigation will be required for this project based on the total amount of impacts. FJ 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 infonnation or answer questions you may have, please feel free to contact us. Sincerely, S&ME, Inc. Melanie L. McKinney, L.S.S. Natural Resources Project Man er P14 Rob Willcox, L.S.S. Natural Resources Department Manager Senior Review by Lisa J. Beckstrom, C.E., C.W.B. Attachments cc: Mr. Tim Ragan, Molasses, LLC 1 i 1 1 1 1 1 1 1 General Regional Permit No. 198200030 Crane Point at High Rock Lake, Rowan County, NC FIGURES SWE Project No. 1588-07-047 October 16, 2008 l V \ 0 z ° 0 o? ?o (T ?o m T ° Z Opp`' a 'Poi sO,> c O m< ? G? T _ <2 _Q \ z J C) w z Lif 'QO N 0 0 ir 0 X i, Z C ?m N y 569904A 0 w U a FILE RD pSAIL RD HIGH ROCK LAKE off, °oo Scale: 1 inch equals 2,000 feet Site Vicinity Map FIGURE Drawn by: MLM Crane Point Subdivision Reviewed b : Rowan County, NC fS&ME ,Igp Date: August, 2007 S&ME Project #1588-07-047 1 4 - t lam'^?_. . ?? -. 61 0 9Fe - i? • Roan 21 f ?r? 4 I rT r 1'k N\ 0- ¦ r? r r ?f ? .?r -.- ?ry r it r .' -USGS topographic map was obtained from www.libremap.org -? - Scale: 1 inch equals 1,000 feet USGS Topographic Map FIGURE Drawn by: MLM Crane Point Subdivision Rowan County, NC 2 Reviewed b : JBP S&M I Date: August, 2007 S&ME Project #1588-07-047 V 1 VaB n..n ? McB2 i% McC2 EnB :B2 McB2 PaB VaB L;ettz \ CcC EnB Soil information was obtained from http://soildatamart.nres.usda.gov!{ Scale: 1 inch equals 600 feet Soils Map FIGURE Drawn by: MLM Crane Point Subdivision Reviewed b Rowan County, NC 3 ME- Date: August, 2007 S&ME Project #1588-07-047 1 11 J 1 01 w » <-.el N .r 0 INN Lot 22 ,Lot 21 ° � �� *�. ,T �, �, � k�a > L`lot ;l11 ` "! I y - 7S 0A Rf r ' Lot 10A Lot 209S 4J I O . , I O 'Ao 1 `I r. Lot,7 -. Lot -49 8S 11 S �°'01- i., Lot 8 Lot 9 fy Lot 6 �;p-� '4 ,. Lot 18/ Lot 5 `/ t12 - O i Lot 13 �/ Lot 4 1 O Lot 14 i Wetland B ft. Is It�r y1r15 /� "Lot 3 V� -4 -_ In , Lot 2 Lot�1, I Scale: 1 inch equals 292 feet Drawn by: MLM Reviewed by: JBP Date: A„m„c+ ?nm 0 Approximate Wetlands Map FIGURE Crane Point Subdivision M E Rowan County, NC 5 S&ME Project #1588-07-047 .) 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O lsag 4'A ayl 6uawy P",P!suoO 0180160 V03 u u ° Q) L .--F V 1' / a 6 paa Q ?? :31VO B 03AO8: E r u3 O U a J Q I- w pp ° . o/Fo/6o sryo .9 31V0 NMtlNO o " JOa }Doy?MOa /I N =Z J O z O 0 ?h m; LLI -j L ° ?: E w . : m zQ =W t Umy ?? Fym Cp mU O n O / U K \ /?\ / Q o O= ? OW L] Q i? ?\ m ? ti _ Il /? Z \ O /? ? m OWZ ° o 7 Q a 2 `O U S ? N N O? ? 1 1 1 A 1 1 1 1 f 1 1 1 i 1 1 1 1 1 General Regional Permit No. 198200030 SWE Project No. 1588-07-047 Crane Point at High Rock Lake, Rowan County, NC October 16, 2008 APPENDIX 1 Completed Pre-Construction Notification (PCN) and signed Agent Authorization Form f Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) ' I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? 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 No. 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: ? N/A ¦ 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: ? N/A II. Applicant Information 1. Owner/Applicant Information Name: Molasses, LLC P.O. Box 1234 Lexington, North Carolina 27293 Attention: Mr. Tim Ragan Telephone Number: 336.240.0672 Fax Number: 336.219.3311 Email Address: tragan@lexcominc.net I 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: Melanie McKinney Company Affiliation: S&ME, Inc. Mailing Address: 3718 Old Battleground Road Greensboro, North Carolina 27410 Telephone Number: 336.288.7180 Fax Number: 336.288.8980 E-mail Address: mmckinney@smeinc.com I Page 6 of 17 ' 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 snaps 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. 1. Name of project: Crane Point at High Rock Lake 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A Property Identification Number (Tax PIN): 612-002 & 612-238 3. Location County: Rowan Nearest Town: Spencer Subdivision name (include phase/lot number): Crane Point at High Rock Lake Directions to site (include road numbers/names, landmarks, etc.): ' From Asheville: I-40 East towards Statesville, Take the US 64/NC 90 Exit towards W Statesville, Turn Right onto US 64/NC 90, US 64/ NC 90 becomes US 70/Industrial Blvd, Take 70 to Jake Alexander Blvd., Take I-85 North to Exit 81 - Spencer. Right on Long Ferry Road, Right on Lake Farm, Left on Crane Point Road From Mooresville: Take Hwy. 150 East towards Salisbury, Take Jake Alexander Blvd. and merge onto I-85 North to Exit 81- Spencer. Right on Long Ferry Road, Right on Lake Farm, Left on Crane Point Road 4. Site coordinates, if available (UTM or Lat/Long): 35.39.49 ON, 80.19.57 °W (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.) Property size (acres): The project area is approximately 23 Acres 5. Name of nearest receiving body of water: High Rock Lake, C Index #: 12-(115-2) Page 7 of 17 1 1 1 0 1 1 1 1 ?1 1 I 1 6. 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.ne.us/admin/maps/.) 7. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The existing land use within the project area is largely undeveloped, hardwood forest (Photo 3). Generally, canopy vegetation within the study area was dominated by deciduous hardwoods including willow oak (Quercus phellos), sweetgum (Liquidambar styraciflua), and northern red oak (Q. rubra). In addition to the deciduous species, shortleaf pine (Pinus echinata) was interspersed within the canopy of upland areas. Subcanopy trees included blackgum (Nyssa sylvatica), white oak (Q. alba), red maple (Ater rubrum), eastern red cedar (Juniperus virginiana), American holly (Ilex opaca), and possumhaw (I. decidua). The shrub layer in upland areas included strawberry bush (Euonymus americanus) and Russian olive (Elaeagnus angustifolia). Herbaceous vegetation observed within the study area included spotted wintergreen (Chimaphila niaculata), gamma grass (Tripsacum dactyloides), Solomon's seal (Polygonatum biflorum), partridgeberry (Mitchella repens), and Japanese honeysuckle (Lonicera japonica). An existing, maintained powerline easement bisected Lot 10 in the northeastern portion of the study area, exiting the study area upon crossing a cove. Vegetation observed in the maintained powerline easement included plume grass (Erianthus contortus), small-head sunflower (Helianthus microcephalus), goldenrod (Solidago sp.), sericea lespedeza (Lespedeza cuneata), five-fingers (Potentilla canadensis), Indian hemp (Apocynum cannabinum), mullein (Verbascum thapsis), and maypops (Passiflora incarnata). Additionally, saplings of shortleaf pine, willow oak, and sweetgum were observed within the powerline easement. Two small wetlands, identified as Wetland A, located in Lots 4 and 5, and Wetland B, located in Lots 7 and 8 are depicted in Figure 5. Wetlands A and B were characteristic of wetland pockets that appear to retain water after the lake recedes from high water levels. Vegetation observed in these areas included river birch (Betula nigra), green ash (Fraxinus pennsylvanica), black willow (Salix nigra), button bush (Cephalanthus occidentalis), silky dogwood (Corms amomum), persimmon (Diospyros virginiana), smartweed (Polygonacm sp.), and bugleweed (Lycopus virginicus). The portion of the reservoir adjoining the proposed project consists primarily of sandy silt substrate with some large boulders. Aquatic vegetation was not observed within this portion of the shoreline. Lap trees (trees growing along the reservoir shoreline) observed within the study area included river birch, sweet gum, sycamore (Platanus occidentalis), black willow, and green ash. Shrubs observed along the shoreline included button bush and silky dogwood. Additional shoreline Page 8 of 17 1?? 1 t F 1 71 J 1 h 1 vegetation observed just outside of the lap area included ironwood (Carpinus earoliniana) and river oats (Chasmanthium latifolium). The project area is bordered to the north and east by undeveloped land and several residences, bordered to the south by High Rock Land, and bordered to the west by a proposed subdivision. General land use in the vicinity of the project area is a mixture of residential subdivisions, single-family residences, and undeveloped land. 8. 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 subdivision consists of 22 residential homes and associated outbuildings with 11 shoreline lots and 10 eligible boat piers. Additionally, the proposed project entails the construction of a boat ramp, a boarding dock, and a lake access road along an approximate 0.15-acre lot, located west of Lot 1, for use by residents. Construction of the boat ramp will require authorization through RGP 198200030 and associated Water Quality Certification No. 3492. Construction activities will be performed "in the dry" (during periods of draw-down) between the months of October through April when fish are not spawning. The boat launch will be 16 feet wide constructed of concrete and extend 85 feet outward. The boat pier and dock will be constructed of galvanized steel and all deck materials will consist of Trex Decking. The floating devices of the pier and dock will be encased so that the structures will not rest on the reservoir bottom. The dock will accommodate watercraft for access during boarding. Industry-standard construction equipment will be used to construct the project. Construction will not take place in wetlands. Of the 11 residential shoreline lots, Lots 1-5 and Lots 7-11 will have private boat piers offering private access to the reservoir. Lot 6 does not meet the minimum shoreline width requirement for a private pier and therefore, Molasses, LLC has proposed for Lots 6 and 7 to share a pier. Lots 1-4 and Lots 8-11 do not require notification through submittal of a PCN. Lots 5-7 do not satisfy the water depth requirements to accommodate private piers and private property owners 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. It will be the responsibility of individual property owners to obtain USACE, DWQ, and APGI permits for any excavation activities for private piers. The purpose of this application is to obtain a RGP 198200030 and associated Water Quality Certification No. 3693 for construction of the boat ramp within waters of the U.S. Page 9 of 17 9. Explain the purpose of the proposed work: Market analysis and presales of the proposed project substantiate the community's need for a lakeside residential neighborhood where its members can appreciate the natural setting of the environment. The purpose of this application is to obtain a RGP 198200030 and associated Water Quality Certification No. 3693 for construction of the boat ramp within waters of the U.S. 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 USACE 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 October 2007, S&ME completed an Environmental Assessment (EA) for Crane Point 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 [If] 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 two jurisdictional forested wetlands, Wetland A, located in Lots 4 and 5, and Wetland B, located in Lots 7 and 8, as depicted in Figure 5. 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). 1 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 that Crane Point at High Rock Lake project will require future 404/401 permits from the USACE nor DWQ. The project will require future permits from APGI such as any applicable reservoir excavation and private pier construction permits. It will be the responsibility of individuals to obtain 404/401 permits for any excavation required in association with private pier construction. 1 I Page 10 of 17 VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to detennine, 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 impacts: proposed The proposed project will entail constructing a concrete boat ramp west of Lot 1 that extends from a cul-de-sac area into High Rock Lake. The impact to the reservoir bottom associated with the boat ramp is expected to be 0.04 acre (1,615 square feet). The floating sections of the associated boat pier and dock will be encased 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 October through April) 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 both structure and flooding. 1 1 Located Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) within 100-year Floodplain Distance to Nearest Stream (linear feet) Area of Impact (acres) (yes/no) N/A N/A N/A N/A N/A N/A Total Wetland Impact (acre) 0 3. List the total acreage (estimated) of all existing wetlands on the property: < 0.15 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 Page I 1 of 17 1 1 t 1 [7 1 1 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 Average Number Stream Name Type of Impact Perennial or Stream Width Impact Length Area of Impact (indicate on Intermittent? Before (linear feet) (acres) map) Impact N/A N/A N/A N/A N/A N/A N/A Total Stream Impact (by length and acreage) 0 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 Impact Name Wate Type of Waterbody Area of Site Number plicablle) e) (if applicable) Type of Impact (lake, pond, estuary, sound, Impact (indicate on ma p) bay, ocean, etc.) ) (acres) Dredging due to 0 04 N/A High Rock Lake construction of a Reservoir . concrete boat launch 6. List the cumulative impact to all Water-, of the I I C recnltino frnm t1,P nrniPnt• Stream Impact (acres): None Wetland Impact (acres): None Open Water Impact (acres): None Total Impact to Waters of the U.S. (acres) 0.04 ac Total Stream Impact (linear feet): None 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. 8. 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 Page 12 of 17 n No ponds are proposed for the project. Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: N/A Expected pond surface area: N/A V. 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 1 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 1 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 may be considered for Lots 5-7 since the water depth was insufficient for private or shared piers. APGI will consider Lots 5-7 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 in the vicinity of the proposed piers. Permitting and approvals associated with excavation adjacent to Lots 5-7 will be the responsibility of the future private property owners. Furthermore, APGI requires that piers be specifically designed to avoid impacts to the reservoir bottom and shoreline environment without mitigation. Specifically, 1 Page 13 of 17 f 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. APGI will not permit activities on individual lots that will impact aquatic vegetation or impacts to waters of the U.S. including Wetlands A and B. No impacts to Wetlands A and B are proposed for this project. VI. Mitigation 1 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. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Pennits, 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 USACE 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.ne.us/ncwetlands/stnngide.html. r 1. 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, 1 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 Page 14 of 17 1 contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are willing 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.ne.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): None Amount of buffer mitigation requested (square feet): None Amount of Riparian wetland mitigation requested (acres): None Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland miti ation re uested (acres): None None g q VII. 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 a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? N/A ' 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 VIII. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to detennine, 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. No Riparian or Watershed Buffers 1. Will the project impact protected riparian buffers identified within 15A NCAC 213 ' .0233 (Neuse), 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 I Page 15 of 17 r 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. 1 1 IX 1 1 L? ? t XI. I I 1 Zone* Impact (square feet) Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Total Gone l extends out .9U teet perpendicular trom 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 all appropriate information as identified within 15A NCAC 2B .0242 or.0244, or.0260. N/A 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 total impervious area of the project is dependent upon construction details on each individual lot. The project is not expected to exceed 24 percent impervious surface, since a 100-foot buffer in each lot must be maintained due to the APGI guidelines. 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. On-site wastewater disposal systems and wells 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 pen-nit application? Yes ? No I Page 16 of 17 I XII. 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 ' 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.ne.us/newetlands. 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. Crane Point at High Rock Lake residential community will not create secondary and cumulative impacts affecting downstream portions of High Rock Lake. XIII. 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 April 2009 when the reservoir is drawn down and fish are not spawning. ' Applicant/Agent's Signature Date (Agent's signature is valid only if an auth rization letter from the applicant is provided.) 1 1 1 i Page 17of17 011021 2063 13:48 3362411311 rWut e? Proposal for Section 404/Section 401 Permitting Services SWE Proposal No. 1588-08-P063 ' Crane Point at High Rock Lake Rowan County NC April 3 2008 ' AGENT AUTHORIZATION FORM *-S&ME Date: _ 29 -() Project Information S&ME Project Name: Crane Point at Nigh Rock Take Type of Project: Permitting under Regional Permit No. 198200030 -_ ............ - ,--.NC.. -.-_ _ Location: Nigh Rock Lake, Rowan County. i Property Owner/Representative Information Business Name: mJ us-. UiC Mailing Address: eF O N? L?I ,1- City, State, Zip Code: T ` ' Telephone No. Contact: #i'? ? *`RA T,& Agent Information ' Business Na ne: Street Address: ' City, State, Zip Code: Telephone No. ' Contact: t Authorization: S&ME, Inc. 3718 Old Battleground Road Greensboro, NC 27410 (336) 288-7180 Ms. Melanie McKinney 27293 I on behalf of (Coniac?nature) ?0 LaCSf- L g=am hereby authorize (Name of Landowner or Representative) S&ME to act as agent with the USAGE in connection with the above-mentioned project. 5 1 1 1 1 1 D t General Regional Permit No. 198200030 Crane Point at High Rock Lake, Rowan County, NC APPENDIX 11 Site Photographs SWE Project No. 1588-07-047 October 16. 2008 7-7 Photo 1: Lot 1, facing northwest from shoreline area Photo 2: Lot 1, facing southwest within buffer zone I Photo 3: Lot 3, facing southwest within mature hardwood forest Photo 4: Facing northeast toward beach area in cove of Lot 4 Photo 5: Facing southwest toward Wetland A between Lots 4 Photo 6: Lot 6 facing the point at shoreline and 5 7/30/07 SITE PHOTOGRAPHS Taken by: CAM Sheet No. Crane Point at High Rock Lake Checked by: MLM ME Project No. 1588-07-047 Rowan County, NC Photo 11: Lot 11, facing northwest within mature hardwood forest 7/30/07 SITE PHOTOGRAPHS Taken by: CAM Checked by: MLM _ &ME Crane Point at High Rock Lake Project No. 1588-07-047 Rowan County, NC Sheet No. 2 Photo T Debris near Lot 6 Photo 8: Debris along beach between Lots 7 and 8 Photo 9: Facing northwest toward Wetland B between Lots 7 and 8 Photo 10: Facing southwest from Lot 10 along powerline easement L 1 1 t u H 1 General Regional Permit No. 198200030 SWE Project No. 1588-07-047 Crane Point at High Rock Lake, Rowan County, NC October 16, 2008 APPENDIX III Upland and Wetland Data Forms, USACE Approved Jurisdictional Determination For n 1 1 1 1 1 1 1 1 1 1 1 1 Project Site: Crane Point Subdivision Date: 7-25-07 Applicant/Owner: Molasses, LLC County: Rowan Investigators: Melanie McKinney - S&ME, Inc. State: NC Do normal circumstances exist on the site? Yes® No? Community ID: Is the site significantly disturbed (Atypical Situation)? Yes? No® Transect ID: Is the area a potential problem area? Yes? No® (if needed, explain on reverse) Plot ID: Wetland B DATA FORM ROUTINE WETLAND DETERMINATION (1987 USACE Wetlands Delineation Manual) VEGETATION (In Order of Str I. Dominant Plant Species Betula nigra 2. Salix nigra 3. Cornus amomum 4. Cephalanthus occidentalis 5. Diospyros virginiana 6. Lycopus virginicus 7. 8. t) Note those species observed to nave morphological adaptatl Stratum canopy Indicator FACW Dominant Plant Species 9. canopy FACW 10. canopy OBL 11. shrub FACW 12. shrub FAC 13. here FAC 14. 15. 16. to weuands with an F Stratum Indicator Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-): 100% Include species noted (*) as showing morphological adaptations to wetlands. Describe Morphological Adaptations: N/A Remarks: Wetland B HVDROLOGV RECORDED DATA PRIMARY (1 or more required) (Describe in Remarks) INDICATORS ? Stream, Lake or Tide Gage ? Inundated ? Aerial Photograph ® Saturated in Upper 12 Inches ? Other ® Water Marks ® No Recorded Data Available ? Drift Lines ® Drainage Patterns in Wetlands FIELD OBSERVATIONS: ? Sediment Deposits Depth of Surface Water: none SECONDARY (2 or more required) INDICATORS Depth to Free Water in Pit: 6 (in.) ® Water-Stained Leaves ? Local Soil Survey Data Depth to Saturated Soil: surface ? Other (Explain in Remarks) ® FAC-Neutral Test ? Other (Explain in Remarks) Remarks: Wetland B 1 1 A 1 1 1 1 1 q"11."; Map Unit Name (Series and Phrase): Pacolet sandy loam, 8 to 15% slopes Drainage Class: Well drained Field Observations ? Taxonomy Loamy, kaolinitic, thermic, arenic, kan hapludults Confirm Mapped Type? Yes No (Subgroup): PROFILE DESCRIPTION Depth Matrix Color Mottle Colors Mottle Texture, Concreations, [aches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Rhizospheres, etc. 0-6 " A 10 YR 3/2 None None Silt loam 6-18" Btg 10 YR 5/2 None None Silt clay loam Hydric Soil Indicators: ? Histosol ? Concretions ? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils ? Sulfide Odor ? Organic Streaking in Sandy Soils ? Aquic Moisture Regime ? Listed on Local Hydric Soils List ? Reducing Conditions ? Listed on National Hydric Soils List ® Gleyed or Low-Chroma Colors ? Other (Explain in Remarks) H dric Soil Present? Yes ® No El Remarks: Wetland B WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes® No? Hydric Soils Present? Yes® No? Wetland Hydrology Present? Yes® No? Is this Sampling Point Within A Wetland? Yes® No? Remarks: Wetland B 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 USACE Wetlands Delineation Manual) Project Site: Crane Point Subdivision Date: 7-25-07 Applicant/Owner: Molasses, LLC County: Rowan Investigators: Melanie McKinney - S&ME, Inc. State: NC Do normal circumstances exist on the site? Yes® No? Community ID: Is the site significantly disturbed (Atypical Situation)? Yes? No® Transect ID: Is the area a potential problem area? Yes? No® (if needed, explain on reverse) Plot ID: Wetland A 1 1 1 1 1 1 I) ivote those species observes to nave morpnologlcal aaaptau Stratum canopy Indicator FACW Dominant Plant Species 9. canopy FACW 10. canopy OBL 11. shrub FACW 12. herb FAC 13. herb FAC 14. 15. 16. s to wetlanas wan an ° Stratum Indicator Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-): 100% Include species noted (*) as showing morphological adaptations to wetlands. Describe Morphological Adaptations: N/A Remarks: Wetland A ' HYDROLOGY RECORDED DATA PRIMARY (1 or more required) (Describe in Remarks) INDICATORS ? Stream, Lake or Tide Gage ? Inundated ? Aerial Photograph ® Saturated in Upper 12 Inches ? Other ® Water Marks ® No Recorded Data Available ? Drift Lines ® Drainage Patterns in Wetlands FIELD OBSERVATIONS: ? Sediment Deposits Depth of Surface Water: none SECONDARY (2 or more required) INDICATORS Depth to Free Water in Pit: 10 (in.) ® Water-Stained Leaves ? Local Soil Survey Data Depth to Saturated Soil: surface ? Other (Explain in Remarks) ® FAC-Neutral Test ? Other (Explain in Remarks) Remarks: Wetland A 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 SOILS Map Unit Name (Series and Phrase): Pacolet sandy loam, 8 to 15% s lopes Drainage Class: Well drained Field Observations ? Taxonomy Loamy, kaolinitic, thermic, are nic, kan hapludults Confirm Mapped Type? Yes No (Subgroup): PROFILE DESCRIPTION Depth Matrix Color Mottle Colors Mottle Texture, Concreations, Niches Horizon (Mansell Moist) (Munsell Moist) Abundance/Contrast Rhizospheres, etc. 0-12 " A 10 YR 4/2 None None Sand loam 12-20" Btg 10 YR 5/1 None None Sand clay loam Hydric Soil Indicators: ? Histosol ? Concretions ? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils ? Sulfide Odor ? Organic Streaking in Sandy Soils ? Aquic Moisture Regime ? Listed on Local Hydric Soils List ? Reducing Conditions ? Listed on National Hydric Soils List ® Gleyed or Low-Chroma Colors ? Other (Explain in Remarks) H dric Soil Present? Yes ® No ? Remarks: Wetland A WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes® No? Hydric Soils Present? Yes® No? Wetland Hydrology Present? Yes® No[] Is this Sampling Point Within A Wetland? Yes® No? Remarks: Wetland A u 0 1 General Regional Permit No. 198200030 SWE Project No. 1588-07-047 Crane Point at Hiqh Rock Lake, Rowan County, NC October 16, 2008 APPENDIX IV APGI Subdivision Access Approval Letter dated March 6, 2008 Alcoa Power Generating Inc. Yadkin Division © PO Box 576 ALCOA Badin, North Carolina 28009-0576 Tel: 1-888-886-1063 Fax: 1-704-422-5776 www.alcoa.com/\/adkin March 6, 2008 Mr. Tim Ragan Mr. Dan Smith Molasses, LLC P.O. Box 1234 Lexington, NC 27293 RE: APGI Yadkin Project (FERC No. 2197) ' Crane Point at High Rock Reservoir Lots 1- 11 and Multi-use Facility Dear Messieurs Ragan and Smith, Alcoa Power Generating Inc. (APGI), through its Yadkin Division (Yadkin), has reviewed the Environmental Assessment (EA) and Agency Consultation documents ' as prepared and submitted by S&ME, Inc. for Lots 1-11 with 10 private piers (one shared pier and nine individual piers) and the proposed multi-use facility that includes a boat ramp, a dock, and a reservoir access road on the community "Lake ' Access Lot" intended to serve the Crane Point residential development in Rowan County, North Carolina and has determined that Yadkin's applicable EA and/or Agency Consultation Process requirements for Subdivision Access Approval as set forth in the Yadkin Shoreline Management Plan (SMP) have been satisfied. 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 reservoir 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 Division of Parks and Recreation (NCDPR), NC Wildlife Resources Commission (NCWRC), and the NC Department of Natural ' Resources (NCDENR) and has made the following determinations about eligibility for private residential access to the reservoir and the proposed community boat ramp and dock. 7 In order for Lots 1-11 to be determined eligible for a pier, the lots must meet the following relevant eligibility requirements as described in the SMP: 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 t but not limited to buildings, houses, driveways, roof overhangs, decks, 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 forth in Yadkin's Subdivision Access, Multi-use Facility Permitting, and Industrial Use Procedures of the SMP (Procedures). ' Eligibility Determination The EA along with additional information provided by S&ME, Inc. provides sufficient information to determine whether Lots 1-11 meet these eligibility requirements (see table below). Yadkin may verify this information with actual field measurements 0 R Lot No. Lot Width ft Cove Width (ft) Water Depth ft 1 200.0 N/A 8 2 219.1 N/A 8 3 288.2 N/A 8 4 275.8 N/A 8 5 327.6 175.0 6 6 shared with Lot 7 116.3 N/A 6 7 shared with Lot 6 210.6 168.0 6 8 255.5 168.0 8 9 253.2 189.0 8 10 215.6 179.0 8 11 290.0 179.0 8 As measured by Molasses, LLC during onsite meeting with Robbie Cole, Alcoa. Minimum Requirements Lots 1 - 5 and Lots 8-11 meet the requirement that adjacent landowners each have 200 feet minimum shoreline width for an individual pier. While Lot 7 meets the minimum shoreline width requirement for an individual pier, Lot 6 does not; therefore, Molasses, LLC has proposed that Lots 6 and 7 share a pier. As such, Lot 7 will not be eligible for an individual pier. 1 1 1 1 1 u Lots 1-4 and Lots 8-11 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 5-7 do not meet Yadkin's minimum water depth eligibility requirement. Excavation may be an option to increase the water depth adjacent to these lots. As a reminder, Lots 5 and 7 are located in coves with a width of 175 feet and 168 feet, respectively, therefore, the water depth eligibility requirement of eight feet must be met within'/4 of the cove width (or 43.75 feet and 42 feet, respectively). 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, excavation will not be permitted in wetland areas or areas where aquatic vegetation is present. In order to receive approval for excavation, 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 U.S, Army Corps of Engineers (USACE) and the North Carolina Division of Water Quality (NCDWQ) by way of a Section 404 permit and a Section 401 Water Quality Certification. No excavation will be permitted in a Conservation Zone without NCWRC concurrence. Only once the necessary permits and approvals are obtained may excavation occur. The water depth at the proposed boat ramp and associated dock was not described in the EA. As a reminder, all proposed slips or all portions of the multi-use facilities intended for docking watercraft must meet the minimum water depth of 8-feet. 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 Yadkin's Shoreline Stewardship Policy. Multi-Use Facility Approval Molasses, LLC has proposed a boat ramp, a dock, and a reservoir access road on the community "Lake Access Lot". The proposed boat ramp will be approximately 15 feet wide and will consist of reinforced concrete six inches thick. The proposed dock will be constructed in accordance with the plan view in the EA adjacent to the proposed boat ramp. The proposed dock will accommodate two boats and will be utilized for short-term docking while boats are boarded. Before Yadkin can issue a Construction Permit for the multi-use facilities (dock and boat ramp), you must first satisfy the application requirements described in the Procedures (III. Multi-use Facility Permitting Process). To date, Yadkin has not received a complete Multi-use Facility Permit Application and a Pre-Application 1 P Meeting Worksheet (enclosed). A complete application and worksheet must also include the following: • construction plans or detailed drawings of the proposed facilities at a scale of 1:2,400 (1 inch = 200 feet) or larger, • certification by a registered Professional Engineer that the proposed facilities and any modifications planned for existing facilities are safe and structurally sound, • copies of all necessary county, state, and federal permits required for the planned facility(ies) or proof that such permits have been applied for, and • a non-refundable application fee in accordance with Yadkin's fee schedule with checks made out to Alcoa Power Generating Inc., Yadkin Division. Yadkin will determine whether to issue a multi-use facility Construction Permit based on its review of a complete Multi-Use Facility Application and Worksheet. Agency Recommendations Agency comments from the NCDPR, NCWRC, and the NCDENR have been received and reviewed. In addition to the requirements of eligibility discussed above, the following agency recommendations will be applicable, as appropriate, to both private recreation facilities and multi-use facilities: • The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion and sedimentation control plan will be required if one or more acres are to be disturbed. Plan must be filed with proper Local Program at least 30 days before beginning activity. • Any out-of-use water supply wells must be abandoned in accordance with 15 A NCAC 2C.0113. • Any open burning associated with land clearing debris must be in compliance with 15 A NCAC 2D. 1900. • An in-water work moratorium must take place during April 1 to June 1 to minimize impacts to spawning fish and to the survivability of young fish. • Suitable trees and brush or other "Fish-Friendly" structures should be placed under fixed piers to provide complex aquatic life habitat. These should be constructed and maintained for the life of the pier. • The use of pesticides, fertilizers, and cleaners must be avoided near or over water. • Where practicable, jurisdictional waters (including wetlands) and buffers should be set aside as common areas instead of being subdivided into portions of individual lots. Reservoir access easements through buffer zones are recommended. Maximum available buffers will ensure aquatic habitat benefits and protect shoreline habitat values. Buffers should be forested areas that run contiguously with the shoreline. • The NCWRC Standard Recommendations for Marina Activities on Lakes should also be considered. 4 Next Steps ' Yadkin's applicable EA and/or Agency Consultation Process requirements for Subdivision Access Approval as set forth in the SMP have been satisfied. Yadkin will accept and begin processing private pier applications from homeowners ' with a house under roof on Lots 1-4 and Lots 8-11. Permit for the multi-use facilities boat ram Before Yadkin can issue a Construction ( p and dock), you must first satisfy the application requirements described in the Procedures (III. Multi-use Facility Permitting Process). To date, Yadkin has not received a complete Multi-use Facility Permit Application and a Pre-Application Meeting Worksheet (enclosed). This letter in no way constitutes pre-approval or conditional approval of any private pier or other 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; vegetation clearing, or excavation). Permission to install structures, construct piers, or clear or plant vegetation will be considered with the individual property owners and will be granted in accordance with Yadkin's policies and practices at such time as permission is applied for. Please feel free to contact me at (704) 422-5622 or marshall.olson(C-)-alcoa.com if ' you have questions or need additional information. Marshall Olson Environmental and Natural Resources Manager Enclosure cc: Ms. Melanie L. McKinney, S&ME 1 1 ' L 1 1 1 General Regional Permit No. 198200030 Crane Point at High Rock Lake, Rowan County, NC APPENDIX V Copies of Agency correspondence SWE Project No. 1588-07-047 October 16, 2008 d STAl f ° North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator Michael F. Easley, Governor Office of Archives and History Lisbeth C. Evans, Secretary Division of Historical Resources Jeffrey J. Crow, Deputy Secretary David Brook, Director December 20, 2007 Melanie McKinney S&ME 3718 Old Battleground Road Greensboro, NC 27410 ' Re: Crane Point Subdivision, S&ME No. 1588-07-047, High Rock Lake, Rowan County, ER 07-2241 Dear Ms. McKinney: Thank you for your letter of October 15, 2007, concerning the above project. We have conducted a review of the proposed undertaking and are aware of no historic resources that would be affected by the project. Therefore, we have no comment on the undertaking as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. ' Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Peter Sandbeck 1 1 1 Location: 109 East Joncs Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC: 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 Ll P_J North Carolina Wildlife Resources Commission P Richard B. Hamilton, Executive Director MEMORANDUM TO: Melba McGee, Environmental Coordinator 1 Office of Legislative and Intergovernmental Affairs FROM: Ron Linville, Regional Coordinator Habitat Conservation Program DATE: November 7, 2007 SUBJECT: Crane Point at High Rock Residential Development, Environmental Assessment, High Rock Lake, DENR Project No. 08-0127, Rowan County Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject document and we are familiar with the habitat values of the area. Our comments are provided in accordance with provisions of the Federal Power Act, as amended (16 U.S.C. 791a- 825r) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). ' Crane Point at High Rock is a residential subdivision located on the shoreline of High Rock Lake which is an Alcoa Power Generating, Inc. (Yadkin) impoundment. Proposed facilities for the 22 residential homes include 10 boat piers and a boat ramp (lot 11) with a boarding dock and access road. The project impacts do not appear to be located within a designated Conservation Zone. No areas of Significant Aquatic Endangered Species habitat are located in or adjacent to the project area; however, four (4) small forested riparian wetlands are indicated for lots 4, 5, 7 and 8. The Bald eagle, Haliaeetus leucocephalus (NCT, FT) is known from High Rock Lake. ' Should Yadkin decide to allow the proposed project, we will not object to the proposed project provided the applicant adheres to the Yadkin Shoreline Management Plan including the 100-foot forested setback requirement for each of the lots. We offer the following additional suggestions to reduce future impacts to aquatic and terrestrial wildlife and their habitats. 1. An in-water work moratorium of 1 April to 1 June should be provided to minimize impacts to spawning fish and to increase the survivability of young fish. 2. Suitable trees and brush or other "Fish-Friendly" structures should be placed under fixed piers to provide complex aquatic life habitat. These should be constructed and maintained for the life of the pier. 3. Use of pesticides, fertilizers, and cleaners near or over water should be avoided. Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 1 Telephone: (919) 707-0220 - Fax: (919) 707-0028 j Page 2 November 7. 2007 Crane Point at High Rock Lake 1 t 1 1 4. Strict erosion and sedimentation controls measures should be installed and used before beginning any land clearing or construction. These measures should be routinely inspected and properly maintained. 5. Where practicable, jurisdictional waters (including wetlands) and buffers should be set aside as common areas instead of being subdivided into portions of individual lots. Lake access easements through buffer zones are recommended. Maximum available buffers will ensure aquatic habitat benefits and protect shoreline habitat values. Buffers should be forested areas that run contiguously with the shoreline. An access/walking trail may be placed in the buffer zone providing it is kept away from waters to the extent practicable, it is pervious, and its width does not exceed minimum width requirements specified in the Americans with Disabilities Act (ADA). 6. Although the project is not likely to directly affect Bald eagles, the US Fish and Wildlife Service should be contacted for their concurrence that the project will not negatively affect the Bald eagle or any plant or animal species within their purview. Habitat protection should be implemented to provide long term protection for any perching, nesting and foraging trees that may be used by Bald eagles. Although not specific to this site, the attached general recommendations for marinas are provided as information for Yadkin and project proponent's review and consideration as they plan and develop the project. Please be advised that this office does not evaluate for plants. The NC Natural Heritage Program and the US Fish and Wildlife Service should be contacted for site review and evaluation concerning plant and animal species within their respective jurisdictions. Thank you for the opportunity to review this document. If we can provide further assistance please contact our office at 336-769-9453. Attachment: Standard Recommendations for Marina Activities on Lakes Cc: Melanie McKinney, S&ME E-copy: Todd Ewing, WRC John Ellis, USFWS I Page 3 ' November 7, 2007 Crane Point at High Rock Lake 1 1 r-I 1 Standard Recommendations for Marina Activities on Lakes 1. Boat slips should not be placed so as to impede or block navigation or create a navigational hazard for recreational vessels. Reflectors or night lights may be needed for recreational safety. 2. Boat slips should not extend into the lake further than necessary. Shoreline management guidance should be followed to minimize impacts to open waters. Dock facilities should not extend more than a third (1/3), preferably less than a quarter (1/4) of the total water body width. 3. If any dredging is necessary, it should be done in the dry (if possible) when the lake level is low. This will minimize sedimentation into the lake. NCWRC discourages dredging shallow water areas with productive bottom, wetlands, or submerged aquatic vegetation. We are less concerned with dredging shallow areas having a mud or sand substrate. 4. The U.S. Army Corps of Engineers should be contacted to determine if a 404 Permit is required. The NC Division of Water Quality should be contacted to determine if certifications and stonnwater permits are necessary. 5. Any existing Environmental Areas, Natural Areas and shoreline buffers in the area should be surveyed or photographed to create a permanent record of current habitat conditions. Copies of this documentation should be permanently maintained. These habitat areas and any newly established habitats should be protected through common area conservation easements, individual lot deed restrictions or other enforceable methods to prevent future direct and/or indirect habitat impacts. Should impacts occur, project proponents should guarantee restoration of any affected habitats to original pre-disturbance conditions. 6. Boating restrictions and lake access restrictions may be appropriate that prevent and minimize secondary impacts from boat wakes and shoreline activities to Environmental Areas and shoreline buffers. 7. 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. 8. Concrete is toxic to aquatic organisms so procedures which prevent wet concrete from contacting surface waters should be used. 9. Beneficial undisturbed forested shoreline buffers should be provided and promoted. We recommend shoreline reforestation using autochthonous (native) plants. These should include large woody shrubs and trees. Disturbed buffers should be restored to naturally forested conditions. Depending on local conditions, buffers can be replanted with silky dogwood, river birch, red maple, silky willow, tag alder, black willow, sycamore, or other native woody species to provide improved habitat, stability and shade. 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 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. Disturbed banks should be temporarily replanted with a temporary crop of annual wheat or oats. Once established, native woody plants should improve habitats along the edge of the lake and provide water quality benefits as well as improve aesthetics. 10. Fencing is recommended to protect buffers and direct users to provided access points. 11. Although not recommended, a walking trail may be placed in the buffer zone providing it is kept away from waters to the maximum extent practicable, it is pervious, and its width does not exceed minimum width requirements specified in the Americans with Disabilities Act (ADA). NCWRC recommends "Fish- Friendly" structures for ADA piers and docks as these devices provide attractive fish habitat. 12. If 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 on site. 13. All activities must follow established shoreline management plans and any conditions specified by the NC Department of Environment and Natural Resources, including buffer requirements. 14. If any water and sewer connections will be provided for piers and manila facilities, Department of Environmental Health and Division of Water Quality requirements must be followed to avoid any noxious conditions or health concerns. 1 t North Carolina Michael F. Easley, Governor Natural Resources William G. Ross Jr., Secretary September 5, 2008 Ms. Melanie McKinney ' S&ME, Inc. 3718 Old Battleground Road Greensboro, NC 27410 Subject: Proposed Crane Point Subdivision - Crane Point Road; High Rock Lake, Rowan County S&ME Project No. 1588-07-047 Dear Ms. McKinney: ' The Natural Heritage Program has no record of rare species, significant natural communities, significant natural heritage areas, or conservation/managed areas at the site nor within 1/2-mile of the project area. (An identified natural area lies within a mile to the south, but across an arm of the lake.) We presume that the State Threatened bald eagle (Haliaeetus leucocephalus) does occur/forage at High Rock Lake ' during parts of the year; however, we have no record of a nest within several miles of the project site. ' You may wish to check the Natural Heritage Program database website at www.ncnhp.org for a listing of rare plants and animals and significant natural communities in the county and on the quad map. Our Program also has a new website that allows users to obtain information on element occurrences and significant natural heritage areas within two miles of a given location: <http://nhpweb.enr.state.nc.us/nhis/public/gmap75_main.phtml>. The user name is "public" and the password is "heritage". You may want to click "Help" for more information. NC OneMap now provides digital Natural Heritage data online for free. This service provides site specific information on GIS layers with Natural Heritage Program rare species occurrences and Significant Natural Heritage Areas. The NC OneMap website provides Element Occurrence (EO) ID ' numbers (instead of species name), and the data user is then encouraged to contact the Natural Heritage Program for detailed information. This service allows the user to quickly and efficiently get site specific NHP data without visiting the NHP workroom or waiting for the Information Request to be answered by NHP staff. For more information about data formats and access, visit <www.nconemap.com>, then click on "FTP Data Download", and then "nheo.zip" [to the right of "Natural Heritage Element Occurrences"] You may also e-mail NC OneMap at <datag0ancmail.net> for more information. ' Please do not hesitate to contact me at 919-715-8697 if you have questions or need further information. Sincerely, Harry-.,. LeGrand, Jr., Zoologist 1 Natural Heritage Program 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 NOOne Phone: 919-733-49841 FAX. 919-715-30601 Internet: www.enr.state.nc.us/ENR/ Carolina ;Viatunally ' An Equal Opportunity I Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper r- LIB 1 *- S&ME September 3, 2008 U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 Attention: Mr. Brian Cole North Carolina Natural Heritage Program Raleigh Office 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Attention: Mr. Harry LeGrand Reference: Regional General Permit No. 198200030 Proposed Crane Point Subdivision Crane Point Road High Rock Lake, Rowan County, North Carolina S&ME Project No. 1588-07-047 Dear Mr. Cole and Mr. LeGrand: S&ME, Inc. (S&ME) conducted a protected species assessment on July 30, 2007, for an area defined as 100 feet from the normal pool elevation of High Rock Lake on the above referenced tract. The purpose of the assessment was to develop an opinion of the presence of suitable habitat for federal and state protected threatened and endangered species for inclusion in an Environmental Assessment (EA) Report. Although potentially suitable habitat was identified for Schweinitz's sunflower along a power line right-of- way, no individuals of this species were identified. S&ME is requesting comments from both the U.S. Fish and Wildlife Service and the North Carolina Natural Heritage Program for inclusion in our permit application for a Regional General Permit No. 198200030. The permit is being submitted for construction of a boat ramp that will service the proposed subdivision. The subject site totals approximately 23 acres adjacent to High Rock Lake in Rowan County, North Carolina. The subdivision consists of 22 residential homes and associated outbuildings with 11 shoreline lots and 10 eligible boat piers. Additionally the project entails the construction of a boat ramp, a boarding dock, and a lake access road for use by SWE, INC. / 3718 Old Battleground Road / Greensboro, INC 27410 / p 336.288.7180 f 336.288.8980 / www.smeinc.com P t t d S i R i ro ec e pec es ev ew SWE Project No. 1588-07-047 Regional General Permit No. 198200030 September 3 2008 ' its resident Fi d i ti h s. gures ep c ng t e project area are attached for your reference. Thank you for your review of this project. ' Federally Protected Species ' According to the U.S. Fish and Wildlife Service online database accessed September 2, 2008, the Bald Eagle (Haliaeetus leucocephalus) was listed as protected under the Bald and Golden Eagle Protection Act. Schweinitz's sunflower (Helianthus schweinitzii) was listed with a current record status as endangered (E) for Rowan County, North Carolina. The Carolina darter (Etheostoma collis collis), Robust redhorse (Moxostoma robustum), Yellow lampmussel (Lampsilis cariosa), Prairie birdsfoot- trefoil (Lotus unifoliolatus var. helleri), and Virginia quillwort (Isoetes virginica) were listed as federal species of concern (FSC) for Rowan County, North Carolina. ' Georgia aster (Symphyotrichum georgianum) was listed as a candidate species (C). State Protected Species ' A search of the North Carolina Natural Heritage Program online database was conducted on September 2, 2008 for the Southmont, NC topographic quadrangle. The Bald Eagle H li ( a aeetus leucocephalus) was listed as state threatened (T) and the Eastern Small- footed Myotis (Myotis leibii) was listed as a state species of concern (SC) for the ' Southmont, NC quadrangle. Closing ' We respectfully request official correspondence from your office for inclusion in our permit application regarding your input related to the threatened and/or endangered ' species that may be affected by the proposed project. Sincerely, S&ME, Inc. / 1 1L1 6't ) Melanie McKinney, L.S.S. Natural R P M a esources roject an ger i Attachments: Figures ' 2 tw X7" 1 ?i tf i ? - {? Efp 6 n ,f ? Dt f 1, ; R- - ? t f t , °' r Ot:ained from Jibrerrra f 1 gt'f{? k p°.,? Scale: 1 inch equals 1,000 feet. 11 USGS Topographic Map I FIGURE Drawn bye ML Reviewed by dBP Date,: August, 2007 Crane Point Subdivision EA Rowan County, NC S&ME SWE Project #1588-07-047 2 PaC PaD -/ \ Pac r VaB by Y ' PaB i i VaB _ r Soil information was obtained CH I k! ZS{ E'Li LP ?'k`a t F.,, l_I lE.: k r -42 'i V Fit' !? 1 PaC CeB2: Cecil sandy loam 2-8% slopes, eroded PaC: Pacolet sandy loam 8-15% slopes PaD: Pacolet sandy loam 15-25% slopes PcC2: Pacolet sandy clay loam 8-15% slopes, eroded a j COB2 \COC\ ttp:UsoiIdatarnart.nres.usda..ga? ', .. , Soils Map Crane Point Subdivision EA Rowan County, NC S&ME- S&MProject #1588-07-047 ¦ Drawn by: MLM 4 Reviewed by:.lgp Date: August, 2007 NTtieB2 FIGURE 3 ?f9L - S9 R 1 ¦ Legend 1 Proposed Boat Piers ' Scale: 1 inch equals 292 feet Drawn b : MLM Reviewed by: JBP ME?- Date: A a „ni ic+ Onn7 Aerial Photograph FIGURE Crane Point Subdivision EA Rowan County, NC S&ME Project #1588-07-047