HomeMy WebLinkAbout19950760 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
1:3 EHNR
July 26, 1995
Iredell County
DEM Project # 95760
APPROVAL of 401 Water Quality Certification ADDITIONAL CONDITION
Mr. David Hickman
Turnpike Properties, Inc. FILE 7
10-G Coliseum Drive
foof
Winston-Salem, N.C. 27106
Dear Mr. Hickman:
You have our approval to place fill material in 0.07 acres of wetlands or waters for the purpose
of using a temporary work platform to construct bridge support No. 1 at Windemere Island Park, as
you described in your application dated 24 July 1995. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Numbers 2745 and 2727. These
certifications allow you to use Nationwide Permit Numbers 25 and 33 when they are 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.
Turbidy curtains shall be properly installed and maintained for the duration until all of the temporary
work platform material is removed. 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.
cerely,
Pre, n Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Domey
Central Files
95760.1tr
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
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DEM ID: G 5-7 60 ACTION ID:
Nationwide Pe ,it Requested (Provide Nationwide Permit #): Permit No. 033 O? 0.2?
JOINT FORAM FOR
Nation-Aide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER DIVISION 0- ENVIRONMENTAL MANAGEMEN
oq ?5
CORPS OF ENGINEERS TQ DEPARTMENT OF ENVIRONMENT, HEAr- ,
DEPARTMENT OF THE ARMY AND NATUR?? RESOURCES ?? SG??
P.O. Box 1890 ENVIRONMENTAL SCIENCES BRANCH `v
Wilmington, NC 28402-1890 4401 Reedv Creek Road S 0
?
ATTN: CESAW-CO-E. Raleigh, N.C. 27607 401 ISSUE `S
Telephone (919) 251-4511 . zTTN: MR. JOHN DORNEY
Telephone (919) 733-1786
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 PRD?-T
1. Owners Nane: Turnpike Properties, Incorporated
2. Owners Adc-ess: 710-G Coliseum Drive, Winston-Salem, NC 27106
3. Owners Phone Number (Home): (Work):
(910) 722-2236
4. If Applicable: Agent's name or responsible corporate offici2l, address, phone number.
Mr. David Hickman
5. Location of -?•ork (MUST ATTACH MAP). County:
Nearest Town or City: Troutman
Specific Location (Include road numbers, landmarks, etc.):
Iredell
Windemere Island Park
6. Name of Closest Stream/River:
7. River Basin:
Lake Norman
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS E? YES [ ] N0 [ ]
9. Have any Section 404 permits been previously requested for use on this property? YES (] NO
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: Alots:t
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: °
Fill ed: 0.07 AC (60'± x 501±)
Drained:
Flooded:
Excavated:
Total Impacted: 0.07 AC (60'± x 50'±)
12. Description of proposed work (Attach FLANS-8 1/2" X 11 drawings only):
Temporary. Work Platform
13. Purpose of proposed work: To provide access to construct bridge support No. 1
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note-measures ..a
taken to minimize wetland impacts. The water at support No.- 1 is too shallow to
float a barge to accomplish this construction.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NM-FS) 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 FORWARDED TO CORPS.
16. You are required to contract 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[
)
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 prope:-ry.
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? _ , _1
F. If applicable, what is proposed method of sewage disposal? ;n/.n,wn "j,
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UNITZD STATER OF A"R I CA
lsDSRAL AUBRGY RHOULATGAY COXXIO STOW
Duke Power Company
Project No. 2232-246
North Carolina
omm kippstovila llm- PltOJI!'+C? use or Fpwxc7 t mms
( Issued August 3, 1990 )
On June 28, 1994, Duke Power Company, licensee ter the
Catawba-Wateree Project. filed for approval of a non-project use
of project lands in order to provide an easement to Heronwood
Associates for a proposed bridge.
The licensee wishes to grant an easement across 0_63 acres
of project property. The bridge will allow public aGCess to a
proposed development on Fieronwood Island, on Lake Norman.
The filing included letters of consultation and permits fron
the U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers,
North Carolina Department of Natural Resources, North Carolina
Department of Cultural Resources, and the Lake Norman Marine
Commission; no objections to the bridge easement were stated.
The North Carolina Wildlife Resources Commission conditioned its
approval to require that adequate erosion control measures roust
be taken during construction and that the bridge be adequately
narked for boating safety. The North Carolina Department of
Human Services cowrmented that the construction should be
conducted so as not to contravene water quality standards.
Iredell County's approval of the project requires that the bridge
allow boat traffic to pass under at least 1/3 of is span and be
at least 12 feet above full pond elevation-
These conditions should be adequate to ensure that water
quality and other environmental values are maintained. The
licensee should take steps adequate to ensure that the grantee
provides and maintains, adequate markings (i.e. lights, clearance
signs) to ensure the safety of recreation boaters in the
reservoir. No details of the plan to provide safety war-kings on
the bridge were provided in the filing, so no determination of
the adequacy of the markings could be made. The grantee should
be required to submit plans for safety markings on the bridge for
Commission approval prior to construction to ensure boater
safety.
Copies of the instruments of conveyance have been included
which contain the necessary covenants required.by the Commission.
The easement and bridge construction as proposed should not
effect project operations, will not conflict with the:
recreational uses of the project, and environmental impacts,
including those to water quality, should be minor and temporary.
DC-A-B
- 2 -
(A) The licensee's Jong 278, 1990, request for approval of a
non-project use of project lands for ar bridge easement An
appr. oves.d .
(e) The licensees shall include in the instrunentes of
conveyance a condition that precludes construction of the bridge
until a safety plan is approved by the Commission. The plan
shall include a description ahd identification of the locntion of
the markings, Rigns, and lights to be provided.
(C) This order is lseued under the authority delegated to
the Director pursuant to Mection 375.314 of the Commission's
regulations. S+-ction 385.1902 of the COwn.issLan's regulations
provides 30 days from the date of this order for appeal to the
Commission of this action. Filing an appeal does not stay the
effective date of thin order or any date specified herein.
Mark "b3insen
Ji
Dracstor, Divisiax of Project
Compliameo and Adni:ni*tr*tion