HomeMy WebLinkAbout20070300 Ver 1_Individual_2007021520070300
The following is an abbreviated application form for those applying fora 401 Water
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit
GP30. This Application cannot be used for wetland or stream impacts. Please
provide seven (7) copies of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of $200.00 for
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom
of greater or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
I. Applicant Information
1. Owner/Appli~t f
Name: '~
Mailing Address:
,;
1-~1~ ~r'1i1c25 - ~ X1.2 a
Telephone Number: 0 Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attach th Agent has si uthorit for th ow e /ap licant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:~~f~~~L.. ~,`~J' j~ Fax Number:
E-mail Address: r~i-,/n ~. / ~~,.:-~-.. ~ t ~ ~ _ 1 _ 1 _.
II. Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
surrounding properties. You may use the diagram below to make a hand sketch of
r
~ M .. ,,, ~
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location
County: '~ ~ Nearest Town:
Subdivision name or site address (~ dude phase/lot number): r~
Directions to site please include road numbers, landmarks, etc. (This is not
3. Property size (acres): ~ ~~
4. Nearest body of mater (stream/river/sound/ocean/lake): ~ fJN ~ ~+/11frH/) ~S
5. Describe the purpose of the proposed work: ~ ~ ~~~
~~ 6 ~,~
6. List the type of equipment to be used to construct the
7. Amount of impact (including all excavation, backfill, rip rap, r~ gds, ~~
etc.) below the normal pool lake level in square feet or acre
~n y,~0al
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lak level and, 50 feet lan~ward in
square feet or acres: /(~ ~~G l L~~~~
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of treks for~instance): ~~,( 19 /~~~lL
' -fir
Appli nt/ gent's natu
(Agent's signature is v only if an
~z~b o
~1/1 Date
letter from the applicant is provided.)
Describe the existing land use or condition of the site at the time of this
application: r 1 ~rv~
Lake i<Full Pond)
dull Pond
Shoreline
~~~ ~ ~~
-~dn ~5
~~~i
.. _ __
Please appraxirr7ately sketch tl~e falla~~ring inforrt~atian an this Flan
(please provide dimensions far each iterr,, such as 1a ft. x ~aa ftM.
1) ,f411 proposed vegetation clearing (provide dimensions)
?)' Location of rip rap ar fill to he plarect ~l}cave tt~e Full Pond ele~ration
3) LocaliUn of rip rap car fill to be placed kaelovr tits Full Pond elevation
Ali The location of any+ proposed structures such as buildings retaining
vralls, docks; etc.
5~ Tl,c lacatian of any excavation ar dredging below the Ful# Pond
elevation.
6) Location of construction access corridors.
DUAe Duke Energy Lake Services
Energy® F.C12Q l PO Box 1006
Charlotte, NC 28201-1006
November 20, 2006
Steve Law
Mecklenburg County Real Estate Services
1435 West Moorhead St.
Suite 120
Charlotte, NC 28208
Subject: Agent Authorization for Ramsey Creek Access Area at Lake Norman in Mecklenburg County
North Carolina -FERC No. 2232
Dear Steve:
This letter is provided to serve as the °Agent Authorization Letter" to provide the Mecklenburg Parks
and Recreation Department signature authority for the owner/applicant, that being Duke Energy
Carolinas, LLC, for shoreline stabilization work proposed at the Ramsey Creek Access Area. The
scope of work is the stabilization of a specific section of shoreline to minimize on going erosion and
enhance the aesthetics of the access area. ft is understood this work will take place sometime after all
the permits arE acquired.
This authority is granted to assist Mecklenburg Parks and Recreation in acquisition of necessary
permits to satisfy Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section
401 general water quality Certifications, and Riparian Buffer and Watershed Buffer Rules.
Please keep Duke Energy informed of the progress of this project Call me at 980- .373-6476 if you
have any questions. All future correspondence should be addressed to:
Scott Jolley
Duke Energy
Lake Services -EC12Q
PO Box 1006
Charlotte, NC 28201-1006
Scott Jolley, Sr Representative
Lake Services
Cc. Joe Carriker
www.duke-energy.com
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Mecklenburg County, NC POLARIS
Page 1 of 1
Mecklenburg County, North Carolina ~
POLARIS ~ ~' ? ~' ~~ ~
Property Ownership Land Records Information System
Date Printed: Tue Feb 13 12:23:35 EST 2007
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This map is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys,
planimetric maps, and other public records and data. Users of this map are hereby notified that the aformentioned public primary information
sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information
contained herein.
http://maps2.co.mecklenburg.nc.us/servlet/com.esri.esrimap.Esrimap?ServiceName=RealEstate&... 2/ 13/2007
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DEPARTMENT OF THE ?,RMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. 198200030
Name of Permittee: General Public
Effective Date: January 1.2005
Expiration Date: December 31, 2010
DEPARTMENT OF THE ARMY
GENERAL (REGIONAL) PERMIT
A general permit to perform work in or affecting navigable waters of the United States and
waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section
10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the
Clean Water Act (33 U.S.C. 1344), is hereby renewed and modified by authority of the Secretary
of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Past Office Box 1890
Wilmington, North Carolina 28402-1890
TO AUTHORIZE MAINTENANCE, REPAIR AND CONSTRUCTION ACTIVITIES. IN
LAKES AND RESERVOIlZS OWNED, OPERATED AND/OR REGULATED BY PUBLIC
UTILITY COMPANIES AND THE TENNESSEE VALLEY AUTHORITY (TVA) IN THE
STATE OF NORTH CAROLINA.
These lakes and reservoirs were constructed and exist primarily for the purposes of generating
hydroelectric power and/or providing water supply. They were constructed and~are operated by
public utility companies or under laws and regulations administered by the TVA. Activities
within these waters are the primary concern of, and should be regulated by, these parties. This
general. permit applies to all waters on or within lands owned or under flowage easement to
public utility companies and the TVA. Activities authorized are:
a. Construction of piers, floating boat docks, boat shelters, boat houses, boat ramps, jetties
and breakwater structures and installation of dolphins, pilings and buoys, using
commonly acceptable materials such as pressure treated lumber, unsinkable flotation
materials, and confined concrete.
b. Excavation and maintenance of recreational boat basins and canals/channels where
excavated material is placed and retained on high ground.
c. Stabilization of eroding shorelines utilizing appropriate bioengineering techniques,
construction and backfill of bulkheads, and the placement of riprap material.
d. Installation of submerged and aerial utility lines provided U.S. Coast Guazd requirements
for aerial lines are met and pre-project elevation contours are restored.
e. Maintenance of existing water intake and outfall structures provided all State and Federal
required authorizations have been obtained. Construction of new water intake and outfall
structures is not authorized under this general permit.
Special Conditions
a. Written confirmation that the proposed work complies with this general permit must
be received from the Wilmington District Corps of Engineers prior to the commencement of any
work. For this purpose, the proponent should submit to the Corps, detailed plans, location maps,.
and other supplemental information explaining the nature and scope of the work.
b. To be authorized by this permit, all piers, docks, boathouses and boat shelters shall be
pile-supported or floating structures. Piles, dolphins, jetties and breakwater structures may be of
wood, metal or precast concrete. Breakwater structures will be designed to provide for adequate
water circulation landwazd of the structures.
c. This general permit does not authorize construction across or into any natural or
manmade channel or water body in any manner that may adversely affect navigation by the
general public.
d. C-n natural waterways 30-foot wide or greater that have been designated as navigable
waters of the US pursuant to Section 10 of the Rivers and Harbors Act of 1899, this permit does
not authorize placement of any pier segment or structure further waterwazd than one-third the
width of the water body. For navigable water bodies less than 30 feet wide, pier requests will be
evaluated on a case-by-case basis and may be restricted to less than one-third the width of the
water body.
e. Docks or piers and adjoining platforms, decks, boathouses, boat shelters, docks, and
"L" and "T" sections will not cumulatively exceed the maximum allowable size of such
structures identified in the reservoir's shoreline management plan. Docks and piers extending
over wetlands will be elevated sufficiently (minimum of 4 feet above the wetland substrate) to
prevent total shading of vegetation, substrate, or other elements of the aquatic environment.
2
f. Floating .docks, boathouses and boat shelters will not be constructed over wetlands.
g. Wooden jetties will not extend farther than 100 feet waterward of the NWL elevation
contours.
h. Decking for piers, docks, boathouses and boat shelters will accommodate loads not
less than 50 pounds per square foot.
i. Wood must be pressure-treated except in areas of boathouses or boat shelters protected
from the weather.
j. Metal pilings or beams will have a minimum section thickness of 3/16 inch.
k. Floating structures will be supported by material that will not become waterlogged or
sink when punctured and will be installed to provide for fluctuations of water elevation.
I. If the display of lights and signals on the authorized structure is not otherwise provided
for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed
and maintained by and at the expense of the permittee.
m. This general permit does not authorize any habitable structure or associated facility
for nonwater-related use.
n. This general permit does not apply to structures within existing or proposed marinas.
For purposes of this General permit, a marina is defined as any publicly or privately owned dock,
basin or wet boat storage facility constructed to accommodate more than 10 boats.
o. Boat ramps will not exceed 20 feet in width. During boat ramp construction and
maintenance, no fill or construction material may be placed in wetlands.
p. Excavation associated with boat ramp construction or maintenance is limited to the
area necessary for site preparation and all excavated material must be removed to uplands.
q. This general permit does not authorize the installation of fueling facilities on
authorized structures.
r. Where wetlands are present along a shoreline, all shoreline stabilization activities (bio-
engineering techniques, construction and backfill of bulkheads, and the placement of riprap
material) must be undertaken landward of the wetlands. This general permit does not authorize
the discharge of dredged or fill material within wetlands.
s. Bulkhead and riprap alignments will not extend farther waterwazd than an average
distance of two (2) feet, maximum distance of five (5) feet from the normal pool elevation
contour and may not extend more than 500 feet along a shoreline.
t. Riprap will be placed at the base of all bulkheads and will extend a maximum of three
(3) feet waterwazd on a 2:1 slope. All other fill material will be confined landward of bulkheads.
u. Material placed for shoreline stabilization will not exceed an average of one cubic
yard per running foot placed below the plane of the ordinary high water mark.
w. Excavation for the removal of accumulated sediment from existing basins, access
channels and boats slips must not exceed the lesser of the previously authorized depths or
controlling depths for ingress/egress.
x. To avoid potential impacts to fish spawning areas, excavation activities will not occur
during the months of March, April, May, or June of any year.
y. Dredging will be limited to channelwazd of the normal pool elevation. Finished
depths will not exceed the depth of the receiving waters channelwazd of the work.
z. All excavated material will be placed landward of the normal pool elevation contour
on high ground and confined by adequate dikes or other retaining structures to prevent erosion
and sedimentation into adjacent waters or wetlands. The temporary placement or double
handling of excavated or fill material waterwazd of the normal pool elevation is not authorized.
aa. The minimum clearance for aerial power lines wil] be governed by system voltage as
shown below:
Nominal System Minimum Clearance (ft)
Voltage, Kilovolts Above Bridge Cleazances
115 and below 20
138 22
161 24
230 26
350 30
500 35
700 42
750-765 45
4
Clearances are based on the low point of the line under conditions that produce the maximum sag
considering temperature, -load, wind, length, span and type of supports. Clearances for
communication lines, stream gauging cables, ferry cables and other aerial crossings will be a
minimum of ten (10) feet above clearances for bridges. Installation of utility lines will conform
to the special conditions of general (regional) permit No. 198100049.
bb. If an easement to fill or cross utility company, State or Federal property is required,
such easement must be obtained prior to commencement of work.
General Conditions.
a. Except as authorized by this general permit or any USACE approved modification to
this general permit, no excavation, fill or mechanized land-clearing activities shall take place
within waters or wetlands, at any time in the construction or maintenance of this project. This
permit does not authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area. This prohibition applies to all borrow and
fill activities connected with this project.
b. Authorization under this general permit does not obviate the need to obtain other
federal, state, or local. authorizations.
c. All work authorized by this general permit must comply with the terms and conditions
of the applicable Clean Water Act Section 401 Water Quality Certification for this general
-permit issued by the North Carolina Division of Water Quality.
d. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1.973
(North Carolina General Statutes Chapter 113A Articie 4).
e. The activities authorized by this general permit must not interfere with the publics
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for a reason other than safety.
f. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his authorized representative, said structure or work
shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee
will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
5
g. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the affected water of the United States to its former conditions.
h. The permittee will allow the Wilmington District Engineer or his representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
i. This general permit does not grant any property rights or exclusive privileges.
j. This permit does not authorize any injury to the property or rights of others.
k. This general permit does not authorize the interference with any existing or proposed
federal project.
1. In issuing this permit, the Federal Government does not assume any liability for the
following:
(1) Damages to the pertnitted~ project or uses thereof as a result of other permitted
or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this permit.
(4) Design or construction deficiencies associated with the permitted work
(5) Damage claims associated with any future modification, suspension, or
revocation of this permit.
m. Authorization provided by this general permit may be modified, suspended or
revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the
Army, determines that such action would be in the best public interest. The term of this general
permit shall be five (5) years unless subject to modification, suspension or revocation. Any
modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the United States Government.
6
.~
n. This general permit does not authorize any activity, which the District Engineer
determines, after any necessary investigations, would adversely affect:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C.
1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic
and recreational rivers established by state and local entities.
(2) Historic, cultural or azcheological sites listed in or eligible for inclusion in the
National Register of Historic Places as defined in the National Historic Preservation Act of 1966
and its codified regulations, the National Historic Preservation Amendment Acts of 1.980 and
1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and
Repatriation Act.
(3) Sites included in or determined eligible for listing in the National Registry of
Natural Landmarks.
o. This general pernut does not authorize any activity that will adversely affect any
threatened or endangered species or a species proposed for such designation, or their designated
critical habitat as identified under the Federal Endangered Species Act (16 U.S.C. 1531).
Information on the location of threatened and endangered species and their critical habitat can be
obtained directly from the Corps field offices or at the following Internet address:
httn://www.ncnhD org/Pa~es/heritagedata.html. Permittees should notify the Corps if any listed
species or designated critical habitat might be affected by the proposed project and may not
begin work until notified by the Corps that the requirements of the Endangered Species Act have
been satisfied and that the activity is authorized.
p. Permittees are advised that development activities in or neaz a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This general permit does
not authorize any activity prohibited by the National Flood Insurance Program.
q. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guazd Marine Safety Office
at (910) 772-2191.
r. The pernuttee must maintain any structure or work authorized by this permit in good
condition and in conformance with the terms and conditions of this permit. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple
of the work authorized by this permit will automatically transfer this permit to the property's new owner,
with all of the rights and responsibilities enumerated herein. The permittee must inform any
subsequent owner of all activities undertaken under the authority of this permit and provide the
subsequent owner with a copy of the terms and conditions of this permit.
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s. At his sole discretion, any time during the processing cycle, the Wilmington District
Engineer may determine that this general permit will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
t. All fill material placed in waters or wetlands shall be generated from an upland source
and will be clean and free of any pollutants except in trace quantities. Metal products, organic
materials (including debris from land clearing activities), or unsightly debris will not be used.
u. All excavated material will be disposed of in approved upland disposal areas.
BY AUTHORITY OF THE SECRETARY OF THE
les R. Al ander, Jr.
lonel, U.S. Army
District Engineer
8
U.S. ARMY CORPS OF ENGINEERS _~ ~ - -.:~'`
WILMINGTON DISTRICT
MODIFICATION 2 0 0 7 0 3 0 0
Action ID. SAW-2007-82-360 County: Mecklenburg USGS Quad: Lake Norman South
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Mecklenburg County Parks and Recreation
Address: c/o Mecklenburg County Real Estate Services
Attn: Rod Fritz - Protect Manager
1435 W Morehead St Suite 120
Telephone No.: 704-432-1315
Charlotte, NC 28208
Size and location of property (water body, road name/number, town, etc.): This protect is located on
Lake Norman, 13441 Nance Rd, Mecklenburg County, North Carolina.
Description of projects area and activity: This permit authorizes stabilization of 200 Linear Feet of
eroding shoreline with bio-engineered design in accordance to your drawings.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 198200030
Nationwide Permit Number:
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Debbie Miller at 828-271-7980.
Corps Regulatory Official Debbie Miller Date: January 31, 2007
Expiration Date of Verification: December 31, 2010