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HomeMy WebLinkAbout19951134 Ver 1_COMPLETE FILE_19950103State 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 C) EHNR November 6, 1995 Forsyth and Other Counties DEM Project # 951134 APPROVAL of 401 Water.Quality Certification Mr. Joe Mickey, Jr. District 7 Fisheries Biologist N.C. Wildlife Resources Commission T PY Dear Mr. Mickey: You have our approval to place fish attactor devices (discarded Christmas trees) in several lakes for the purpose of creating fish habitat at W. Ken Scott Reservoir, Kernersville Lake, Salem Lake, Winston Lake and Belews Lake, as you described in your application dated 24 October 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3027. This certification allows you to use Nationwide Permit Number 4 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 Domey at 919-733-1786. Sin rel , P.sn Ho d, Jr. .E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Winston-Salem DEM Regional Office Mr. John Domey Central Files 9511341tr P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper 0 199s A` sc?FI'c_s ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director VO/ copy MEMORANDUM TO: Mr. John Thomas, Permit Coordinator Raleigh Office, U. S. Army Corps of Engineers o O s *w FROM: Joe H. Mickey, Jr., District 7 Fisheries Biologist Joe Mickey e DATE: October 24, 1995 SUBJECT: Application for Nationwide Permit No. 4 to install various fish attractor devices in W. Kerr Scott Reservoir in Wilkes County, Kernersville, Salem and Winston Lakes in Forsyth County, and Belews Lake in Forsyth, Stokes and Rockingham Counties. The North Carolina Wildlife Resources Commission (NCWRC) is requesting 404 permits from the U. S. Army Corps of Engineers (COE) for the above referenced projects. By copy of this letter we are applying to the North Carolina Division of Environmental Management, Water Quality Section, for 401 certification. The proposed project consists of installation of fish attractor devices during January, February and March 1996 according to the following schedule: Attractor type Lake County Christmas trees or cut/cabled trees W. Kerr Scott Reservoir Wilkes 300 30 Kernersville Lake Forsyth 100 10 Salem Lake Forsyth 150 15 Winston Lake Forsyth 50 5 Belews Lake Forsyth, Stokes & 300 30 Rockingham AP I Bundles of 6-10 Christmas trees will be threaded onto steel cable. The bundles will be weighted and sunk in depths of 8-25 feet. Cabled trees will consist of felling trees from the shoreline into the lake. The tree will then be anchored to the stump by cable to prevent it from floating away and becoming a navigational hazard. Listed below are permits we have received in the past for these projects. However, they will have expired before work begins in January 1996 so we are re-applying for permits. Belews Lake - COE Permit No. 199401085, 1/4/94-1/4/96 Salem Lake - COE Permit No. 199301033, 1/29/93-1/29/95 Winston Lake - COE Permit No. 199301034, 1/29/93-1/29/95 Kernersville Lake - COE Permit No. 199301035, 2/8/93-2/8/95 This memorandum also serves to meet the concurrence requirements necessary for certain trout water counties. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401. as amended; 16 U.S.C. 661-667d). The fish attractor sites consist of open water or shoreline portions of lakes controlled by the City of Winston Salem Parks and Recreation - Salem and Winston Lakes, Forsyth County Parks and Recreation - Kernersville Lake, Duke Power Company - Belews Lake, and the COE- W. Kerr Scott Reservoir. Based on the range of trout in these counties, none of the projects will impact trout waters. Also, the projects will not impact State historical sites or Federally listed threatened or endangered species. The NCWRC, as project applicant, will take all necessary precautions to ensure that no negative environmental impacts will occur. Therefore, we have no objection to the projects as proposed. If there are any questions concerning these projects, please do not hesitate to contact me at 910/366-2982. cc: Ms. Stephanie Goudreau, Mt. Region Habitat Conservation Program Mr. Eric Galamb, DEM • ---s RECEI DEC o 9 1994 VVv'rtoJyMEMr& sc'FNCCS It F CO-PY V'- 0 North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director December 5, 1994 Mr. john Thomas U.S. Army Corps of Engineers Raleigh F=ield Office, Regulatory Brand", 6512 Falls of the Neuse Road Raleigh, North Carolina 27615-6846 OBJEC` : A review of an application by Carolina Marina for Nationwide Permit No. 4 to install fish attr'actor_a in F•.: e 1 ekys ::.. Lake, Forsyth, Rockingham, Stokes, and Guilford Counties. Dear Mr. Thomas- Mr. Mike F°ahnes'i:(:+ck, Ge ie'r°al Manager, Carolina Marina, `=8 Shelton Road, . t(_ '+I<:?2?i t_I- - -c3lG' .', North 27357 (1-800-344-BOAT) Sa Carolina is r-egE_Eest-i'iIg .s of concurrence a le ,.:• ?:i ,.f_: r' C+'f from the North Carolina WildliJfF. Resources Commission {NCiilF:E_.} to obtain a Nationwide Permit No. 4 from the U.S. Army rn?y Corps of Engineers. A site visit was conducted with the applicant; on D'c':crembe'i_ 1, 1994. These _ s t_ G+ r Y i f f , e'i "r't S are provided in accordance w i t h provisions of the Clean Water Act of 1977 (33 U. S . C . 466 2t. Seq.) and the Fish and Wildlife Coordination Act ' 4+_, ;.., ,::t - ..?:_ . amended; . . • b..:1 ::? 1.r? t .:_;., C 661-667d). The applicant i proposing to t place sections of r1 750 foot '_ .... fiberglass water slide in l:i>_' le 4::: uJ.-= Lake as fish c:l ttrr:! t":: t;.-, ?- `_ Slide sections are 16 feet and 24 feet long by 1 feet wide b yv, 4 feet high. Two _.,l...t.le tube s..{... C.t: 1t_+?' I.a will serve -, c..r-:7 the base, with two sections ;:tacked in the base sections and a third single section placed (:+r'? top,, creating a structure _ipprc!:{7.ir?ately 12 iCom'e't high. Tube sections will be connected to each other by bolts. Attr'actor s'truct'ures will he built on a barge, then towed to the site and sunk. Attractor's will be placed at Water depths not exceeding 20 feet. The-ish }side will be placed so that the top of the structure top will be 6 feet below the normal pool elevation so that it will not be at hazard to navigation. At:,'tr-act.ors will be marked by buoys supplied by the Nor..th? Carolina Wildlife Resources Commission. incerel- 06ginal signed by Joe Mickey Joseph H. Mickey, Jr. District 7 Fisheries Biologist cc: Ms. Stephanie t:oudr°erau, Mt. Region Habitat Biologist: Mr. f_:l-yuck l.c!rawa, Duke Power- Company M}._. Di-°y-trik:_ Har.r..ellDuke Power Company pert. Eric C? al:;tfAb ! Division of F_nvi s!t'm_ntal. Management Mr-.. Mike t i"N.iliil':}__tock, Carolina Marina Mr. `I-ris+t.tas Page 2 December 51 1994 This project hra s the potential to improve fish cover in the lake an enhance angling catch rates. Therefore we have no objection to the placement of the fiberglass tubes in the lake. However- the applicant: should coordinate this project with Duke Bower Company (lake owner) And the PdCWRC: to ensure proper- placement of the structures. If these attract ors are placed in the lake, the NCWRC: plans to enhance the ._attrar_.tors with bundles of Christmas trees on an every other year rotation beginning in 1996. Thank you for the opportunity to review and comment on this project. If 1 ban be e of f- further assistance, please contact 910/366-2982. DEW ID: ACTION ID Nationwide Permit Re uested Provide Nationwide Pe _ JOINT F - H G• ..: Nationw? ?de permits that require notii?ication to the corps of En i'veers Na+•n;n?virle nermits_that.require application for Sectton•401"certfication__ Mr. John Thomas U.S. Army Corps of Engineers Regulatory Branch 6512 Falls of the Neuse Road > Raleigh,,NC 27615 i 91.9/876 8441 x F I ?`?ytu? ?? r, f i `a ,p c t •? ? ? k} rx isy F,. 5 `r _ . , ? +`•k ,?.' 1j ? a PLEASE PRINT r y ?1. Owners Name. CAROLINA MARINA ?2. Owners Address: 548 Shelton Road, Stokesdale, NC 27357 ?3, Owners Phone Number (Home): (Work): 1-800-344-BOAT 4, If Applicable: Agent's name or responsible corporate official, address, phone number: 91:..0..-.427-0498 R. Mike Fahnestock, General Mara er Carolina Marina 548 h on d 5 5. Location` of work (MUST ATTACH MAP). C - Belews Lake - . Stokes, Forsyth, g , ounty; Guildford Nea es 1o not?(:i?,countes. pine Hall & Stokesdale Specific Location (Include road numbers, landmarks, etc,): Bele-ws Lake from Carolina Marina at end of SR11.176, Rockingham County ?6. Name of Closest Stream/River: 7. River Basin: DAN Belews Lake 8., Is this project located in a watershed classified as Trout, SA, HQW, ORW WS I, or WS II? YES i- NO [ ] ?9. Have any Section 404 permits been previously requested for use on this property? Co. YESy9 ] NO If yes, explain. NC Wildlife Resources Commission ID 1994401085, Permit 4, Fish Attractors ? 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: - less. than 0.5 acres - Q ,C-,C- n v'a R -- V?? ?M(?or-ian l ? ?J 16e hand c?ra?n can ? 12. Description of proposed work (Attach PLANS-8 1 2" X il" drawings only):, ,We:?mill?-place sections y'} of-an- old7fiberglass'-Vdter "slide in the lake as fish attractors. Sections will be stacked and bolted togeter to a height of-approximately 10' and sunk at various 8-30 eec_ ? 13. Purpose of proposed work: Place sections of an old water slide in-Belews Lake to enhance fish cover as. att=erction devices; 14. State reasons why the applicant believes that this activity must be carved out in wetlands. Also, note measures taken to minimize wetland impacts. 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 L ]' NO.j ] k RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic ,, t ' properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO [ ' ] RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, streams, and lakes on the property. B. If available, representative photograph of wetlands to be impacted by project. ' C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. _ = ? ? _. - D:°-If a: stormwater'management plan is required for this project, attach copy. E. What is land use of surrounding property? F..If.applicalile what is proposed method of sewage disposal? Date Owner's Signature o ft Av-rmo R aE.0 A6-EA,7- HANGING ROOK STATE PARK 65 STOKES COUNTY anRSYTH COUNTY A r y i Tdt?. Lt Ya ? - 4 i ? r % FISH AT1'RACTOR CONSTRUCTION USING WATER SLIDE SECTIONS, BELEWS LAKE Lake, surface 6' Structures will be placed no deeper than 20' and no closer to- tbe',isukface, than 61 Bottom PROFILE VIEW Hides will be constructed from 16 or 24 foot sections of fiberglass tubes 5 feet wide by 4 feet high. Sections will be stacked two or three sections high and connected together by bolts. A completed hide will then be sunk in water depths from 20' to 6'. Concrete weights will be added to the structures if needed. BoltE Sketch by Joe Mickey NCWRC HIDE CONSTRUCTION