HomeMy WebLinkAbout19950916 Ver 1_COMPLETE FILE_19950919State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr„ Governor
Jonathan B, Howes, Secretary
A. Preston Howard, Jr., P.E., Director
ID F= F1
September 20, 1995
Catawba County
DEM Project # 95916
APPROVAL of 401 Water Quality Certification
Ms. Angela Tucker
Environmental Division/Water Protection
Duke Power
13339 Hagers Ferry Road
Huntersville, N.C. 28078-7929
FILE COM
Dear Ms. Tucker:
You have our approval to place fill material in waters for the purpose of constructing a barge
launch ramp at Oxford Hydro Station, as you described in your application dated 22 August 1995.
After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 2674. This certification allows you to use General Permit Number 030 when it is
issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Dorey at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Domey
Central Files
var , r. P.E.
95916.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
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DUKE POWER
August 22, 1995
Mr. John Dorney
North Carolina Department of Environment, Health
and Natural Resources
DEM - Water Quality Planning
P.O. Box 29535
Raleigh, NC 27626-0535
Subject: Oxford Hydro Station - Barge Launch Access
Catawba County
File: GS - 707.00
Dear Mr. Dorney:
9 5 C1 / C0
Duke Power is applying for coverage with the Army Corps of Engineers under
General Permit #198200030 to construct a barge launch ramp at Oxford
Hydro Station. This ramp will be used only by Duke Power Company to
perform maintenance to the intake structure at the hydro station. We would
like 401 certification for activities associated with this construction.
The launch ramp will be constructed of rock and stone immediately upstream
of the dam as shown in the attached drawings. Approximately 600 cubic
yards of material will be used in order to reach a 5 foot depth at the end of the
ramp. This is the minimum possible launch depth for the barge. Due to the
isolated location of the ramp little environmental impact is anticipated.
Work is expected to begin immediately upon approval. Attached are copies of
the associated drawings. Should you need any additional information, please
do not hesitate to contact me at (704) 875-5495.
Sincerely,
Angela Tucker
Environmental Division/Water Protection
Attachments
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photographs taken 1966. Field checked 1970 1970
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10,000-foot grid based on North Carolina coordinate system AMS 4755 1 SW-SERIES V842
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PROPOSED
------------ __._...... LAUNCH
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EXISTING - SHEET
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N. T. S.
AREA OF PLAN
BULKHEAD
/SPILLWAY
BULKHEAD
NOTESs
1. MINIMUM DEPTH REQUIRED TO
LAUNCH BARGES IS 5' OF WATER.
2. LENGTH FROM SHORE TO END OF
RAMP APPROXIMATELY G5'.
3. RAMP LENGTH IS BASED ON
REQUIRED 5' WATER DEPTH WITH
LAKE LEVEL AT APPROXIMATELY
932.00, NORMAL OPERATING LEVEL.
N. T. S.
DUKE POWER COMPANY
OXFORD HYDRO STATION
PROPOSED BARGE LAUNCH RAMP
PLAN & SECTION
OR AWN JL -5_OATEES/1G/95
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40-7311
DUKE POWER
September 8, 1995
RECEIVED
SEP 14 1995
ENVIRONMENbj(. SCIENCFf;
Mr. John Dorney
North Carolina Department of Environment, Health
and Natural Resources
DEM - Water Quality Planning
P.O. Box 29535
Raleigh, NC 27626-0535
Subject: Oxford Hydro Station - Barge Launch Access
Catawba County
File: GS - 707.00
Dear Mr. Dorney:
On August 22, 1995, Duke Power requested 401 certification for activities
associated with the construction of a barge launch ramp at Oxford Hydro
Station. The joint application form was inadvertently left out of the package
that was sent to you.
Enclosed is the joint application form you requested. Also enclosed are
copies of the notifications sent to the US Department of the Interior Fish and
Wildlife Services and the State Historic Preservation Office.
Should you require any additional information to process this application,
please do not hesitate to contact me at (704)875-7809.
Sincerely,
i
Angela Tucker
Environmental Division/Water Protection
Attachments
INFORMATION SHEET
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE-'biS- f C?„EnGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION C kf'-WAENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT NOTIFICATION
REQUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers
before work can proceed. They are as follows:
NWP 5 (only for discharges of 0 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length
or greater than an average of one cubic yard per running foot)
NWP 14 (only for fills in special aquatic sites, including wetlands, and
must include a delineation of affected special aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is
in a special aquatic site and must include a delineation of the affected
special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites,
including wetlands)
NWP 26 (only for greater than 1 acre total impacts and must include a
delineation of affected special aquatic sites, including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid
and minimize impacts to aquatic resources)
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites,
including wetlands)
For activities that may be authorized by the above listed nationwide permits
that require notification, the applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit
with any special conditions imposed by the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete
notification is received by the District Engineer and no notice has been
received from the District Engineer, and required state approvals have been
obtained. Required state approvals include: 1) a Section 401 water quality
certification if authorization is requested for a discharge of dredged or fill
material, and 2) an approved coastal zone management consistency determination
if the activity will affect the coastal area.
2/3/92
-2-
Use of NWP 12 also requires notification to the District Engineer, but work
may not begin until written concurrence is received from the District
Engineer. The time periods described above do not apply. Furthermore,
requirements to notify the U.S. Fish and Wildlife Service (USFWS), the
National Marine Fisheries Service (NMFS), and the State Historic Preservation
Office (SHPO), as indicated-below and on the notification form, do not apply.
B. REQUEST TO DEM FOR NATIONWIDE PERMIT SECTION 401 GENERAL CERTIFICATION
CONCURRENCE OR INDIVIDUAL SECTION 401 CERTIFICATION.
Certain nationwide permits were denied general 401 certification by the State
of North Carolina and, thus, require individual Section 401 water quality
certifications. They are NWP 6, NWP 17, NWP 21, and NWP 34.
Certain nationwide permits have general certifications, but require
concurrence from the N.C. Division of Environmental Management that the
general certification applies to a proposed action. They are NWP 7, NWP 129
NWP 13, NWP 14, NWP 15, NWP 16, NWP 18, NWP 26 (if greater than 1/3 acre total
impact), NWP 33, NWP 38, and NWP 40. NWP 23 requires only that the applicant
notify DEM.
C. APPLICATION PROCEDURES.
The attached form should be used to obtain approval from the Corps of
Engineers and/or the N.C. Division of Environmental Management as specified
above. The applicant should make sure that all necessary information is
provided in order to avoid delays. One copy of the application is required by
the Corps of Engineers and seven copies are required by DEM. Plans must be on
8 112 x 11 inch paper.
Endangered species requirement: Applicant must notify the U.S. Fish and
Wildlife Service and/or the National Marine Fisheries Service regarding the
presence of endangered species that may be affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE
P.O. BOX 33726
RALEIGH, NC 27636-3726
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
PIVERS ISLAND
BEAUFORT, NC 28516
Historic resources requirement: Applicant must notify the State Historic
Preservation Office regarding the presence of historic properties that
may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 EAST JONES STREET
RALEIGH, NC 27601
(919) 733-4763
Information obtained from these agencies should be provided with application.
DEM ID:
ACTION ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone (919) 733-5083
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME:
Duke Power Company
2. OWNERS ADDRESS: 13339 Hagers Ferry Road
Huntersville NC 28078
3. OWNERS PHONE NUMBER (HOME): (WORK): (704) 875-5954
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: _ Agent's Name: John S Carter
Address same as ahove
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Catawba
NEAREST TOWN OR CITY: Taylor-,vil1P. R
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Turn right off I-40 West onto Hwy 16. Go 8-1 miles
Catawba River, turn left just before bridge
6. NAME OF CLOSEST STREAM/RIVER: Lake Hickory
7. RIVER BASIN: Lake Hickor
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [X]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [X]
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
N/A
2/3/92
• r-
-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: N/A
DRAINED: N/A
FLOODED: _ N/A
EXCAVATED: N/A
TOTAL IMPACTED: N/A
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): To build a barge
launch access at Oxford Hydro Station.
13. PURPOSE OF PROPOSED WORK: The ramp will be used by Duke Power Company
to perform maintenance to the intake structure at the hydro station.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. No wetlands impacted.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [X] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [X] NO [ J
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY. N/A
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT. N/A
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. N/A
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY. N/A
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Hydroelectric power station.
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
WNER'S SIGNATURE D E
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DUKE POWER
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September 6, 1995
Brian P. Cole, Field Supervisor
US Department of the Interior
Fish and Wildlife Services
Asheville Field Office
330 Ridgefield Court
Asheville, NC 28806
Subject: Oxford Hydro Station - Barge Launch Access
Catawba County
File: GS - 707.00
Dear Mr. Cole:
Duke Power Company is applying for a 404 permit and a 401 certification
from the Army Corps of Engineers and the Division of Environmental
Management for construction of a barge launch ramp at Oxford Hydro
Station. The ramp will be used only by Duke Power Company to perform
maintenance to the intake structure at the hydro station.
The launch ramp will be constructed of rock and stone immediately upstream
of the dam. Approximately 600 cubic yards of material will be used in order to
reach a 5 foot depth at the end of the ramp. Due to the isolated location of
the ramp, little environmental impact is anticipated.
Enclosed are copies of the drawings submitted to the Corps. Should you
need any additional information to process this application, please do not
hesitate to contact me at (704)875-5495.
Sincerely,
Angela Tucker
Environmental Division/Water Protection
Attachments
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September 6, 1995
Renee Gledhill-Earley, Environmental Review Coordinator
NC Department of Cultural Resources
State Historic Preservation Office
109 East Jones Street
Raleigh, NC 27601-2807
Subject: Oxford Hydro Station - Barge Launch Access
Catawba County
File: GS - 707.00
Dear Ms. Earley:
Duke Power Company is applying for a 404 permit and a 401 certification
from the Army Corps of Engineers and the Division of Environmental
Management for construction of a barge launch ramp at Oxford Hydro
Station. The ramp will be used only by Duke Power Company to perform
maintenance to the intake structure at the hydro station.
The launch ramp will be constructed of rock and stone immediately upstream
of the dam. Approximately 600 cubic yards of material will be used in order to
reach a 5 foot depth at the end of the ramp. Due to the isolated location of
the ramp, little environmental impact is anticipated.
Enclosed are copies of the drawings submitted to the Corps. Should you
need any additional information to process this application, please do not
hesitate to contact me at (704)875-5495.
Sincerely,
Angela Tucker
Environmental DivisionMater Protection
Attachments