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HomeMy WebLinkAbout20090919 Ver 1_Shoreline Stabilization_20090821State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director September 25, 2000 Jimmy Chisholm Carolina Power and Light Company 179 Tillery Dam Road Mt. Gilead, NC, 27306 And Joe Hall Duke Power and Lake Management P.O. Box 1006 Charlotte, NC, 28201-1006 Re: General 401 Water Quality Certification for Lake and Reservoir Activities Dear Messrs. Chisholm and Hall: The purpose of this correspondence is to clarify the provisions and process relative to NC Division of Water Quality's General 401 Water Quality Certification Number 3280 which correspond to the U.S. Army Corps of Engineers General Permit 198200030. We understand that you receive numerous requests from lakefront property owners inquiring about the permit requirements for activities they propose to conduct on the waterfront. After you have determined the property owner needs to obtain a permit for dredging or shoreline stabilization from you, we understand they are then instructed to obtain the necessary 404/401 Permits. These property owners should pursue the following sequence of events to determine their 404/401 permit needs. We have coordinated this letter with the U.S. Army Corps of Engineers so that it relates equally to both permitting programs. 1. The U.S. Army Corps of Engineers is the lead agency and accordingly determines 404 requirements for all projects. Applicants should first contact the appropriate Corps field office representative for their county. To identify which counties are handled by a particular Corps regulatory field office or to find the appropriate individual in the regulatory staff, the public can access the Wilmington District Regulatory Homepage at www.saw.usace.army.mil/wetlands/rep_tour.litm or read from the list on Appendix A. The Corps staff will determine if a 404 Permit is required, and if so, which particular one. It is important that the applicant learn specifically which Nationwide or Regional General Permit applies to their work. For lake and reservoir activities, General Permit 198200030 (also called General Permit 30 or GP 30), is often the appropriate permit. The matching General Certification for GP 30 is the subject of this correspondence. 2. Application for GP 30 involves submittal of detailed plans, location maps, and other supplemental information explaining the nature and scope of the work to the Corps. If the work is determined to comply with all conditions of GP 30, the Corps will then issue a "tear sheet" to the applicant, either on-site or by mail, that qualifies as the Corps' written confirmation that the proposed work complies with this regional general permit. It is important for applicants to note that GP 30 always requires written concurrence from the Corps- Non-Discharge Brandt 2321 Crabtree Blvd Parkview Raleigh. North Carolina 27604- Telephone 919-733-1786 Bldg FAX u 733-9959 M CQual Of4NOMindy A(1.,mal,ve Alan Cn-q-"e, 50% recydcVv 10% pwA conum" pane, 7 If the Corps tells an applicant that no 404 is required for their project, then no 401 Certification is required. However, applicants should note that projects located within the Neuse River, Tar-Pamlico River, or Randleman Reservoir Basins may require approval of Buffer Rules for projects within these watersheds. In such cases, the applicant should call the appropriate DWQ Regional Office staff (Appendix B) to discuss the project. The Regional Office staff may elect to perform a site visit to review the site conditions and discuss the buffer approval or variance process. 4. If the Corps requires a 404 Permit, then a 401 Water Quality Certification is required. In the case of GP 30, DWQ has a matching General Certification (GC 3280), which is attached. The first thing the applicant should do is carefully read GC 3280 to determine whether written concurrence is required. Written DWQ concurrence is required if the activity involves any fill, dredging or excavation of waters or wetlands. This includes any waterward extension of the shoreline, excavation of boat basins (even during lake draw-down periods), bank stabilization practices that involve any new fill in waters (including any amount of new rip-rap placement), boat ramps involving placement of fill in waters, and new dredging. Activities which do not require written concurrence for GC 3280 include seawall repairs that do not require any new fill in waters, and the placement of pilings for docks, piers and boathouses. It is vital that the applicant understands the difference between "No 401 Required" versus "No Written Concurrence for the 401 Required." No 401 is required only if no 404 is required. If a 404 is required, a 401 is always required. If the scope of work falls below the thresholds for written concurrence on the 401„ the conditions of GC 3280 still apply, and the applicant does not have to submit a formal request for approval from DWQ for their specific project. However, the applicant is still required to follow all of the conditions of GC 3280, which you can copy for them or they can download from our web site. A speed limit sign is a useful analogy to explain this - a driver needs to look for and obey the speed limit sign on a road, but does not have to obtain a letter from a police officer saying he has permission to drive down the road. 5. If a project does require written concurrence for GC 3280, then the applicant must provide a written application to the Division of Water Quality. We have prepared a special link entitled "A Lake Dweller's Guide to the 401 Water Quality Certification Process" on the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands . This site contains information to guide the applicant through this process, including links to the Pre-Construction Notification (PCN) application form. Copies of the appropriate web pages are attached herein for you to provide to applicants without internet access. If the applicant has already filled out a PCN form for the Corps, they can simply copy this PCN form for DWQ. In brief, the applicant is required to provide seven copies of the PCN form, an application fee made out to the Division of Water Quality ($200 if total impacts fall below 1 acre of waters/wetlands and 150 linear feet of streams, $475 if above these thresholds), and good quality vicinity and local maps depicting the impact. The reason we require seven copies is that we act as a state clearinghouse, and provide copies to five other agencies, which saves the applicant from this requirement. Provided that the applicant has included all of the required information, applications such as these are quickly issued by DWQ. The GC 3280 applications that are placed on hold are usually deficient in maps. Applicants can save themselves time by preparing good maps with scales and north arrows. The vicinity map must clearly depict their property within the county or city. T1ie site map must clearly show their property boundaries, and the location, nature and extent of the impacts. USGS topo maps are typically the most useful type of site map for individual property owners to use as a base for their site map. Impacts must be quantified on the map and in the form as an area (i.e. 0.5 acres, not just shoreline length). If an applicant needs help filling out the application form, they should contact the appropriate DWQ Regional Office Staff, or Cyndi Karoly at (919) 733-9721 in the DWQ Central Office. Thank you for your attention. If you have any questions, please telephone John Dorney at 919-733- 9646 or Cyndi Karoly at (919) 733-9721. _ Sincerely John Donley The Basics of the 401 Water Quality Certification Process 401 Water Quality Certification Program - The Basics Section 401 of the Clean Water Act delegates authority to the states to issue a 401 Water Quality Certification for all projects that require a Federal Permit (such as a Section 404 Permit). The "401" is essentially a verification by the state that a given project will not degrade Waters of the State or otherwise violate water quality standards. The following is a basic outline of the 401 review process in North Carolina: - When do you need to request a 401 Water Quality Certification? If the U.S. Army Corps of Engineers determines that a 404 Permit is required because your proposed project involves impacts to wetlands or waters, then a 401 Water Quality Certification is also required. The Corps also determines which type of permit is applicable to your work, a Nationwide, Regional, Generator Individual Permit. For each of the Nationwide, Regional or General Permit, a matching General Certification must be issued by DWQ in order for the Permit to be valid. An Individual 401 Water Quality Certification is necessary if an Individual 404 Permit is required. Once the Corps has determined which type of permit you should request, you can read the matching General Certifications on the DWQ web page. Please read the applicable Certifications very carefully, and note whether or not written concurrence/notification is required by DWQ. If written concurrence/notification is not required, and your project meets all of the conditions of the General Certification, you do not need to submit a formal application or receive a signed 401 Water Quality Certification for your particular project. If the General Certification states that written concurrence is necessary, please note the following steps necessary to obtain your 401 Certification. Fill out a Pre-Construction Notification In North Carolina, you use a single form to request both a 404 Permit and 401 Certification. This PCN Form can be downloaded directly. Please note, this form will be revised later in 1999 when the final versions of the new Nationwide Permits are issued. Just follow the instructions on the form. You should also include a cover letter explaining your project, and enclose a vicinity map and a site map (to scale) depicting all the proposed impact areas. You are also encouraged to provide any supporting documentation available, such as correspondence received from the Corps of Engineers or photographs. Remember, the more clearly you describe your project, the more quickly we can review your application. You will need to submit this application to the Corps and provide seven copies of the entire application to DWQ_ if you do not provide seven copies, your application will be returned as incomplete. DWQ will distribute the copies to five other state agencies, as well as the appropriate DW( regional office, which saves you time and expense. blATEP, QtJAL.ITY PLAVIMG Faxt919-715-5637 May 15 '01 10 05 P.02i04 ` LAKE AND R SER'VOM ACTXVI Y CERTIFICATION GENERAL CFRTERCATION FOR PROJECTS P.LIGT6LE FOR CORPS OF ENGINEERS REGIONAL PERMIT NUMBER 1982(0030 (TVA, OR FERC REGULATED PUBLIC I-TI'ILI IBS) AND REGIONAL PERMIT 198200079 (COE LAKE AND RESERVOIR MAINTENANCE REPAIR AND CONSTRUCTION ACTIVITIES) AND NEUSE/TAR-PAMLICOIRANDLEMAN BUFFER RULES. This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-22 17 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 far the discharge of fill material to graters and wetland areas as described in the Wilmington Districts Regional (General) Permit Number 198200030 and Regional Pern-dt Number 198200079 and for the Neuse, Tar-Pamlico and Randleman Buffer Rules (15A KCAC 213 .0233_025 -9 and .0250). This Certification replaces Water Quality Certification (WQC) Number 2674 issued on January 21, 1992 and Water Quality Certification Number 3099 issued on February 11, 1997. This WQC is rescinded when the Corps of Engineers re-authorizes these Regional General Permits or when deemed appropriate by the Director of the DWQ. The State of North Qarolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth- Conditions of Certif(i_ation: 1. Activities ites which rr,,, _re approval under either of these General Permits but do not result in fill, dredging or excavation of waters or wetlands (such as docks, piers or boathouses) do not require written concurrence from the Division of Water Quality as long as they comply with all other conditions of this General Certification. However, Condition No- 5 is applicable to all streams in basins With riparian area protection rules: 2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for ritten concurrence for a 401 Water Quality Certification must include thet appropriate fec. If a project also requires a CANIA Per-mt, one payment to both agencies lle t the t ohageoncies sha be cted and distributed between ai o fees. The tee shall be co in accordance with agreements reached between the Division of Water Quality and the Division of Coastal Management; 3_ Activities \,,°hic? result in fill, dredging or excavation of waters or wetlands under this General CCrtif1CaU011 icquit,; \ -tMCII concurrence frun-i the Division of Water Quality: 4. Measures shall be taken to prevent live or fresh concrete from coning contact with waters of the state until the concrete has hardened; N .. . • LIATER t1llALITY Plf#tdING Fax=919-715-5 37 -- :May z,.ut, -tv•w ?.w4?•?• Impacts to any stream length in the Neuse and Tar-Pamlico River Basins requires written concurrence from DWQ in accordance with 15A NCAC 2B.0233 and ISA NCAC 2B .0259. New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the NYeuse. and Tar-Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 213 .0233 and ISA NCAC 213 _0259_ All new deve)opment shall be located, designed, constructed, and. maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; That appropriate sediment and erosion control practices which equal or exceed those outlined iti the most recent version of the "North Carolina Sediment and Erosion Control (Planning and Design -Manual" or the "North Carolina Surface 'Mining Manual" whichever is more appropriate (available froth the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard, Rip-rap shall be (installed adjacent to bulkheads in freshwater lakes to ensure protection of aquatic habitat. Construction over wetlands shall, be elevated at least three feet above any wetlands, and floating structures shall not rest pcnodically on the bottom: 3. All sediment an erosion control measures placed in wetlands or waters shall be. removed and lithe natural Grade restored after the Division of Land Resources has relca;ed the project-, 9. If an environmental document is required, this Certification is not valid until a Finding- of No Signficant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. All water quality-related conditions of the FONSI or ROD shall become conditions of this Certification: 10. Piers and boat houses shall be constructed to provide for storage and removal of sc\,,,agc rather, than allowing raw waste or other sewage to be disposed dirccdv into surface waters-, 11. Additional site-s_ I conditions may be added to projects proposed with fill under this Certification in order to ensure compliance v,ith all applicable water cluatiry and cirluc?i[ standards: WATER 00C LITf PI V I1G Fax = 919-715-56337 - . May 15, *01' J'??10 0 !_'I". 0- W)_33" -04 ?a 12. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Regional Permit 198200030 or 198200079, whichever is sooner, 13. When written concurrence is required, the applicant is required to use the enclosed Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed. Non-compliance with or violation of the conditions herein set forth by a Specific fill project shall result in revocation of this Certification for the project and may result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality way require submission of a formal application for ittdivi.dual certification for any project in this category of activity, if it is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearin8s may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: t- June 2000 DIVISION 013 WATER QUALITY By Kcrr T_ Stevens Director WQC # 32SO US Army Corps Of Engineers Ficid,Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee lredell kson J Mitchell Union Polk Watauga US Army Corps of Engineers Avery Clay Buncombe Cleveland ac Lincoln Rowan Yancey 151 Patton Avenue Burke Gaston Macon Rutherford Room 208 Asheville, NC 28801-5006 Cabamis Graham Madison ell D M Stanley Swain Telephone: (828) 271-4854 Caldwell Haywood Catawba Henderson ow c Mecklenburg Transylvania Fax: (828) 271-4858 Raleigh Regulatory Field Office AJamance Durham Johnston Rockingham Wilson kes Yadkin St US Army Corps Of Engineers Alleghany Edgecombe li Lee sh N o Surry 6508 Falls of the Neuse Road n Ashe Frank Caswell Forsyth a Northampton Vance Suite 120 NC 27615 Raleigh Chatham Granville Orange Wake , Telephone (919) 876-8441 Davidson Guilford lif H Person h Randol Warren Wilkes Fax: (919) 876-5283 ax a Davie p Washington Regulatory Field Office Beaufort Currituck Jones Lenoir Pitt Tyrrell US Army Corps Of Engineers Bertie Dare Gates d C Martin Washington Post Office Box 1000 Washington, NC 27889-1000 en am Carteret' Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford de H C Pasquotank Perquimans 'Croatan National Forest Only Fax: (252) 975-1399 y raven Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 25111511 Columbus Moore Sampson Fax: (910) 2514025 Cumberland New Hanover Scotland US Fish and Wildlife Service! National Ma rine Fisheries Service US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service Raleigh Field Office Asheville Field Office Habitat Conservation Division Post Office Box 33726 160 Zihlicoa Street Pivers Island NC 27636-3726 Raleigh Asheville, NC 28801 Beaufort, NC 28516 , Telephone: (919) 8564520 Telephone: (828) 665-1195 Telephone: (252) 728-5090 North Carolina State Age ncies Division of Water Quality Division of Water Quality State Historic Preservation Office 401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources 1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center NC 27699-1650 Raleigh Raleigh, NC 27699-1619 Raleigh, NC 2 769946 1 7 , Telephone: (919) 733-1786 Telephone: (919) 733-5208 Telephone: (919) 7334763 Fax: (919) 733-6893 Fax: (919) 733-5321 Fax: (919) 715-2671 CAMA and NC Coastal Counties Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender NC 27699-1 63 8 Raleigh Brunswick Currituck New Hanover Perquunans , Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Wester Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 hdlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Sumry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey The following is an abbreviated application form for those applying for a 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 five (5) copies of this application and supporting information as well as a non-refundable application fee to the Division of Water Quality of $240.00 for impacts to lake bottom of less than 1 acre and $570.00 for impacts to lake bottom of greater or equal to 1 acre. Applications should be sent to: Division of Water Quality 401 Oversight/Express Review Permitting 1650 Mail Service Center Raleigh, NC 27699-1650 I. Applicant Information 1. Owner/Applicant Information ? ? i ?1 ? Name: `? e_ A A 1-2 Mailing Address: 0 Penn I a `o r Telephone Number: c y?- 4 SS - U I ?S Fax Number: E-mail Address: 2. Agent 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: ! " ` I C' '( qy\ , t tne._P' Company Affiliation: ?IlK42 S uJ r c c S Mailing Address: 1(411 ?.r )9( Tch v Id II. l L o??G3U Telephone Number: o? - y 79d Fax Number: 17 o ?C E-mail Address: t 4o ml- 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 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 tt f' ??^^ County: ? d L. }c/N Nearest Town: GRO n -? e- F-c,. 15 Subdivision name or site address (include phase/lot number): Q Icnti b t, &, A ? Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): aZ i? G ?t?-? ?,1?? 0 ?? - • 5?'1 &.t -tU - 1, n 2. Describe the existing land use or condition of the site at the time of this application: 5 00C 3. Property size (acres): f ?- 4. Nearest body of water (stream/river/sound/ocean/lake): dy?- 5. Describe the purpose of the proposed work: S by r t_. c e S ?JT UA C,L G ss,. n ?-c. C lc?s 5 (? f Q??? -?t7 ?. n. %J IF 6. List the type of equipment to be used to construct the project: -5,U e 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level in square feet or acres: 1. A-0 A 0 A Q 8.a. Amount of impact (including all clearing, back fill, excavation, rip rap, retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in square feet or acres: I 'I k-s- A y ; V-Y\ -F- 8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted (number of trees for instance): 9-d t-09 A Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) 5?No Please approximately sketch the foliowing information on this plan (please provide dimensions for each item, such as 10 ft.. x 100 ft): 1) All proposed vegetation clearing (provide dimensions). 2) Location of rip rap or fill to be placed above the Fug Pond elevation 3) Location of rip rap or fill to be placed below the Full Pond elevation 4) The location of any proposed structures such as buildings, retaining wags, docks, etc. 5) The location of any excavation or dredging below the Full Pond elevation. 6) Location of construction access corridors. R??IY below full pond i tt XU6 ft I&MM fun pond Please approximately sketch the following information on this plan (please provide dimensions for each Item, such as 10 ft. x 900 ft): 1) All proposed vegetation clearing (provide dimensions) 7) Location of rip rap or fill to be placed above the Full Pond elevation 3) Location of rip rap or fill to be placed below the Full Pond elevation 4) The location of any proposed structures such as buildings, retaining watiss docks, etc. 5) The location of any excavation or edging below the Full Pond elevation. 5) Location of construction access corridors. DUKE ENERGY DIRECTIONS BY ROAD FORM Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big impact on permit processing time. Please complete this form and return it along with your completed permit application to: DUKE ENERGY C/O LAKE SERV[CES - EC 12 Q PO BOX 1006 CHARLOTTE, NC 28201-1006 1-800-443-5193 or Option 5 Applicant's Name: OC .1 A"I 5 _ v'? Street Address (at lake): 5- ? 0 3 QL !14 1'5uta) ev ?? ? Lake Name: 14 i [ 2I LxO l D ? fi Subdivision Name: Owl l ? (1A Property Section: (J 6.? L Lot !f City: tc,tA1. V`4 County: State: Zip: 0 Latitude: Longitude: yv Telephone: 0 j 2 Directions (from major road or highway): I e ?- -?- w?-- S?, p G i n n e n c?- u r, 2-I- Descriptive Structure(s) on Property (i.e. brick garage, white fence, mobile home, etc): bf- zJL KuL) 5e *Note: Please use the back of this form if desired to draw us a map to the site. gpaVLAKEMGMT/Package Information/Directions by Road Fonn.doc August l8, 2006 4 DUKE ENERGY LAKE SERVICES EC12-Q P O BOX 1006 CHARLOTTE, NC 28201-1006 704-382-1567 or TOLL FREE 1-800-443-5193 APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE ENERGY FILING FEE, PAYABLE TO DUKE ENERGY, TO ABOVE ADDRESS. 1. Applicant Information A. Name I c, B. Mailing Address o C. Telephone: G " II. Location of Proposed Project A. B. C. D. E. F. G H Lake (-+ ? C. 1::-_0 r_J Street Address _ County C- t City, town, community or landmark Section e,,. cL- Lot # 5 a a Directions to property by road 3 r :,h k. C) :__1 0101 k_J tin ? 6"ut hi- Latifude and longitude for the project site 6114 - v Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showing the exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found on internet site, www.mat)sonus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Map Clicking Will...", select "Lat/Long", click map) III. Description of Project LCA, IL,I A. Length of wall /0 0 Vie' e.-I- B. Material C i?sy a ro•0 Rou AUG 2 ? 2009 C. Distance from property line/shoreline Q DENR - WATER QUALITY IV. Intended Use of Project Area WETLANDS ANDSTORW4ATER BRANCH A. Private Vl*' B. Commercial V. Applicant Signature Date Q PLEASE NOTE. THE FOLLOWING: • 2 COPIES OF THE "DUKE ENERGY APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA", PHOTOGRAPHS OF THE SHORELINE TO BE STABILIZED, AND FIVE (5) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE-CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO: NC DIVISION OF WATER QUALITY ATTENTION. CYNDI KAROLY PARKVIEW BLDG., 2321 CRABTREE BLVD. RALEIGH, NC 27604 919-733-1786 Subdivision a l?L YALAKEMGMIVackage Information\NC Shoreline Stabilization Application.doc (ATTACHMENT S) BIO-ENGINEERING AND SHORELINE STABILIZATION MITIGATION TECHNIQUES FOR LAKES MANAGED BY DUKE ENERGY LAKE SERVICES 1. Bio-engineering A. Definition Bio-engineering is an effective scientific method, using a combination of natural and living materials, to stabilize eroded banks along the shoreline. Bio-engineering techniques vary according to a number of factors, including but not limited to; slope, soil type and wave action. Often a combination of techniques may be utilized to effectively control erosion in areas with varying condition. B. Benefits In addition to controlling erosion and the aesthetic value of a more natural shoreline, the use of native plants create additional habitat for wildlife. A permit and written authorization for any shoreline stabilization project is required from Duke Energy Lake Services. By utilizing bio- engineering as the primary stabilization technique, the permit application fee for shoreline stabilization is waived. C. Native Plant Species COMMON NAME SPECIES SOFT RUSH JUNCUS EFFUSUS ARROW ALUM PETANDRA VIRGMICA SHALLOW SEDGE CAREX LURIDA SILKY DOGWOOD CORNUS AMOMUM TUSSOCK SEDGE CAREX STRICTA BUTTONBUSH CEPHALANT 4US OCCIDENTALIS GRAY DOGWOOD CORNUS RACEMOSA YELLOW IRIS IRIS PSEUDACORUS VIRGINIA BLUEFLAG IRIS VIRGINICA PICKEREL WEED PONTEDERIA CORDATA BLACK WILLOW SALIX NIGRA SOFT STEM BULRUSH SCIRPUS VALIDUS GREEN BULRUSH SCIRPUS ATROVIRENS EELGRASS VALLISNERIA AMERICANA WOOLGRASS SCIRPUS CYPERINUS Note: Other plant species that are not listed may also be acceptable. Plant species that are not native to Duke Energy lakes should not be considered and will not likely be approved. GpaALAKEMGMT\Package InfomiationTio-Engmeering Infonnation.doc August 18, 2006 (ATTACHMENT 8) D. Techniques Bio-engineering techniques normally include minor grading to allow for the installation of a rip rap toe, rock gabion, Bio-log®, crib wall or similar structure in high energy areas. The structures are then enhanced by the addition of natural/living material. For example. 1. live stakes - branches cut from living material and planted with stems and buds pointed upward. Initially they offer little to no soil reinforcement but do so after the first growing season once a root system becomes established. Often used with other techniques and conducted during the dormant season. 2. live fasciae - branched bundled and secured together and placed in a very shallow trench along the toe of the eroded bank or in the bank face. They are usually installed in conjunction with geotextile fabrics above a rip rap or gabion toe. brush mattress - includes both live stakes and live fascines. Provides protection of the shoreline upon installation and can be used in layers beginning just above a rip rap or gabion toe. 4. plant plugs - plantings with intact root stock. Placed directly into the bank face with the soil compacted around the root stock. E. Follow up activities Riparian Zone Management Information: Duke Energy will design and publish an informational piece that will provide property owners with a range of information about bio-engineering techniques, material sources, information sources and the value of riparian zone. This will be the final project in the Riparian Zone Management Initiative and will serve as a compilation of the on-going efforts through the year 2000. II. Mitigation A. General Guidance Mitigation proposals should provide realistic but substantial allowances for reducing and relieving the impact of the proposed shoreline stabilization technique proposed. In general, mitigation activities should enhance the wildlife habitat in the immediate area of the stabilization activity and may consist of but are not limited to; enhancing fish cover under an approved pier or similar structure, maintaining a natural vegetative buffer along the entire shoreline of the lot, placing or maintaining secured cover and perching habitat (e.g. root wads, stumps, fallen trees, etc.) along portions of the shoreline. Gpa1\LAKEMGMTPackage informahon\Bio_Enginemrg Informat n.doc August 18, 2006 (ATTACHMENT 8) B. Review Timefi-ame Applicants for proposed shoreline stabilization activities identified in the Shoreline Stabilization Technique Selection Criteria (Attachment 1) that require wildlife agency review and/or mitigation must send their applications to the district game and fisheries biologist of the applicable NC/SC agency for a minimum 30-day review and comment period. In the absence of any finding of significant adverse impacts on fish and wildlife resources during this 30-day review period, the applicant will be allowed to proceed without further notice to send their completed application to Duke Energy Lake Services for approval. If there are findings of significant impact and those impacts are not adequately mitigated, then the applicant will not be allowed to proceed with the proposed stabilization activity. Applicants should make every effort to comply directly with resource agency recommendations. C. Agency Review Lake (NC) James, Rhodhiss, (SC) Wylie (SC) (SC) Fishing Creek, Great Lookout Shoals, Norman, Falls/Rocky Crk., Wateree, Mtn. Island, Wylie (NC) Keowee, Jocassee, Gaston Shoals, 994slands Agency Contact Mr. Chris Goudreau Mr. Dick Christie Mr. Roh Ahle NC Wildlife Resources SC Department of Natural SC Department of Natural Commission Resources Resources Rt. 6, Box 685 PO Box 4496 PO Box 167 Marion, NC 28752-9229 Rock Hill, SC 29732 Columbia, SC 29202 *Applicants should fill out the Duke Energy Shoreline Stabilization Application form completely, attach any applicable mitigation proposals and send along with a cover letter to the agency contact. **Agency correspondence must also be attached before sending the final application to Duke Energy for approval. Cq.U AUMGMTTackW lnfm=tuyu\Bio-Engine mg hTonnahondoc August 1$ 2006 Duke Power Catawba-Wateree Project No. 2232 Keowee-Toxaway Project No. 2503 Attachment L Shoreline Stabilization Technique Selection Process Environmental Stabilization not Bottomland Hardwooq allowed Shoreline Stabilization Project area Review/approval and potential mitigation. Application classification ?I -4?T No stabilization allowed in IMEs from March • June to limit impacts to fish spawning. Requires state wildlife agency (e.g., NCWRC, SCDNR) Is the bank height less than 3 feet? i Applicant can use hardening structures. Seawalls not allowed, Is the bank :?? Is the bank ` height less than height less than -, 2 feet? 3 feet? / Applicant can only use bioengineering and enhanced rip rap. No seawalls or simple rip rap. Mitigation requirements determined by state wildlife agency. Applicant can use hardening structures. Mitigation requirements determined by state wildlife agency. Attachment L Duke Power Catawba-Wateree Project No. 2232 Keowee-Toxaway Project No. 2503 Shoreline Stabilization Technique Selection Process General conditions: -All seawalls must have Class B or larger rip[-rap extending 6 feet lakeward from the base. -Considering current lake level operating targets and variability and the desire to prevent unnecessary impacts, rip rap must be confined to the area between 6' below full pond elevation and no more than one foot above full pond elevation to the maximum practicable extent. Potential exceptions include areas where entire placement is above the FERC project boundary, where banks are already eroded above the full pond elevation or where severely eroded banks must be sloped back or terraced to provide minimum bank stability. -Seawalls are not allowed in areas with an average eroded bank height or less than 3 feet. -Proposals for stabilization where bank height is less than 2 feet can utilize approved bio-engineering techniques and enhanced rip-rap techniques only. -The bank height is the average height of the eroded shoreline (measured from the original lake bed to the top of the eroded bank) in the area to be stabilized. -Bio-engineering techniques within an IMZ require applicant to provide photo evidence of successful vegetation establishment at 1 year point Bio-engineering is a stabilization approach that utilizes natural and living material. Bio-engineering techniques may include use of rip-rap with live stakes, rock filled gabions, live staked crib walls, biologs, and numerous other activities. -Applicant can use bioengineering, rip-rap, seawalls or any combination of stabilization techniques where use of hardening structures are allowed. -Stabilization in an IMZ requires review/approval by the applicable state wildlife agency and reasonable mitigation requirements as determined through consultation with the state wildlife agencies. -Stabilization is not allowed from March 1 through June 30 in areas identified as IMZs in the SMP. -New or expanded stabilization activities (excluding Bio-engineering) may not be undertaken within the 50' Environmental offset associated with an Environmental classification in the SMP. -Cuttfill -Stabilization in areas classified as Natural due to the presence of significant cultural resources, should not have artifacts impacted by utilizing any shoreline stabilization techniques. rn rn rn Q Cf) Z? 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