19960949 Ver 1_COMPLETE FILE_19960927

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NCWRC,HCP,FALLS LAKE

TEL:[phone]
Oct 25'96
1:55 No.001 P.02
?I Nortih Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-73.3-3391
Charles R. Fullwood, Executive Director
MRMORANDUM
TO: John Dorney
Division of Watcr Quality
7190;A-
FROM: Owen F. Anderson, ledmont Region Coordinator
Habitat Conservation Program
DATE: Octoher 25, 1996
SUBJECT: Felix Miller, Jr. Request for 401 Water Quality Certification to till
wetlands in Lake Tillery, Stanly County, North Carolina. DWQ IT.) #
960949.
Stuff biologists with the North Carolina Wildlife Resources Commission have
reviewed the subject application with respect to anticipated project impacts on aquatic
habitats. The site was inspected on October 17, 1996. Our comments are provided in
accordance with certain provisions of the Fish and Wildlife Coordination Act (48 Stat.
401, as amended; 16 U.S.C. 661 et seq.), and section 401(b) of the Clean Water Act of'
1977 (as atncndcd), and North Carolina General Statutes (G.S. 113-131 et seq.).
The proposed work involves dredging "lo remove silt/sludge" and installing
riprap sea wall "to eliminate erosion". The applicant plans to fill.007 acres (300 sq. ft.:)
of wetlands (public waters) in a small cove of Lake Tillery. The site is located at 24530
Strand Drive in Stanly County. Lukc Tillery, a 5,300-acre public reservoir operated by
Carolina Power and Light Company (CP&L) under Federal Energy Regulatory
Commission License, provides excellent fishing for largemouth bass, crappie, catfish,
sunfish and other species. Shallow waters are important spawning areas for various fish
species.
'1'hc project site is a small cove with an intermittent stream channel at the back
end. Some of the shoreline is wooded with trees along the lake shore. Little cover, such
as tree laps and vegetation beds, was observed in the water at the site.
Dredging of lakes and stream uhaancls arc likely to increase turbidity when
conducted in water becuuso the operator cannot contain all of the material being removed.
The increased turbidity degrades water quality and can destroy aquatic organisms that are
important to the food chain. We also are concerned that the applicant may remove
shoreline trees or other overhanging vegetation when the shoreline is stabilized. The loss
of shoreline vegetation could intensify erosion or sedimentation problurns where none
currently exists. Retention of trees and other vegetative cover as a buffer zone helps to
NCWRC,HCP,FALLS LAKE TEL:[phone] Oct 25'96 11:56 No.001 P.03
!Felix Miller-Lake Tillery 2 October 25, 1996
Stanly County 960949
prevent sedimentation and erosion and may also provide good fish habitat if the tree falls
into the lake. The applicant has not offered mitigation for wetland impacts or losses.
We request that the certification be conditionod as follows:
I . Nmit dredging of the lake bottom to the removal of accumulated sediment.
Water depth should not be increased (i.e., the original lake contour should be
maintained).
2. Retain or establish a 100-foot natural vegetated buffer beside all streams and
wetland arcits on the project site. Efforts should be made to retain or establish as
much of the buffer in a forest of native trees and shrubs as possible.
3. Place deed restrictions on property to prevent any impacts to remaining wetlands
by current or future owners.
4. Prohibit all dredge and fill activities from April 1 to June 1 to avoid disrupting
fish spawning activities.
5, Wetland rill should be minimized. Temporarily disturbed wetland areas should he
reseeded with annual ;?mall grains (e.g., millet, wheat or rye); and then be allowed
to revert to natural wetland vegetation.
6. Bank stabilization should incorporate the use of natural materials such as native
trees and shrubs.
7. Prohibit any sca walls and limit riprap to those areas absolutely necessary.
8. Dredged niaterial should be removed to a location that will prevent erosion and
sedimentation to the lake. Additionally, measures should be taken during
dredging to minimize sedimentation.
Thank you for the opportunity to provide input into the review process. If T can
be of further assistance, contact me at [phone].
WC:/ofa
State of North Carolina
Department of Environment,
Health and Natural Resources A74 • •
Division of Water Quality
James B. Hunt,Jr., Governor
Jonathan B. Howes, Secretary p E H N 1=1
A. Preston Howard, Jr., P.E., Director
October 7, 1996
Stanly County
DWQ Project # 960949
APPROVAL of 401 Water Quality Certification
Mr. Felix Miller, Jr.
1212 Lincoln Drive
High Point, NC 27260
Dear Mr. Miller:
You have our approval to dredge and place fill material in 300 square feet of waters for the purpose of
removing silt and stabilizing a shoreline at Lake Tillery, as you described in your application dated 3
October 1996. 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
and/or Nationwide Permit 13 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 Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorsey at 919-733-1786.
Sincerely,
1e on Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr. John Dorsey
Central Files
960949.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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6 0 r? 4 ACTION ID: . _
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Nationwide Permit Requested (Provide Nationwide Permit II): k
JOINT FORM FOR 401
Nationmide permits that require notification to the Corps of Engin4i5
Nationmide permits that require application for 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 [phone]
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTt NT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
ENVIRONMENTAL SCIENCES BRANCH
4401 Reedy Creek Road
Raleigh, N.C. 27607
ATTN: MR. JOHN DORNEY
Telephone [phone]
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:G i C , Y ,
Z 7 Z 6
2. Owners Address: 1 Z( Z 4 i n c o I n teio2ii71, /J,6,
3. Owners Phone Number (Home): 17/0 - Br ?cj - I.3 57 (Work): _ 2/6 - 919 - (0
4. If Applicable: Agent''s name or responsible corporate official, address, phone number.
5. Locadon of work (MUST ATTACH MAP). County: f;b4 ?Y .
Nearest Town or City: ??+ ?' le /??
Specific Location (Include road numbers, landmarks, etc.):
6. Name of Closest Stream/River: QEE PEE X..T I,45K ???9kE 77-,
7. River Basin: .D?25
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO [? -
9. Have any Section 404 permits been previously requested for use on this property? YES [ I NO F-}---J
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands located on project site:
i Axe TSLL? v .?5 s, oo ® dcaQES. ?T?(?s ? ;?f -1.?,?d? ?
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:' ? / '
Drained:
Flooded:
Excavated: -
Total Impacted: ,= 9,
12. Description of proposed work (Attach PLANS-S 1 =" X 11" drawings onlv):
14. State reasons why the applicant believes that this activity trrr?ust be carried out ip we? ds. Also, note measures
taken to minimize wetland impacts. /i.(`j ,=r?i?cc7 L(jef„
15. You are required to contact the US. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NhiFS) regarding the presence or any Federally listed o. 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[ ] No [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Prservadon 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[ ] 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 propc;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 pro'cct, attach
E. What is land use of surrounding property? _Xe'r' a
F. If applicable, what is proposed method of sewzge disposal?
'e crew; ova
Owner's Signature Date
i
13. Purpose of proposed work: To Sli Z-2. 49!%rt/z?
Sketch must be submitted by Lessee to Carolina Power & Light company that shows:
1. Lessee's name, address and phone number. feI;x /.-leer, Te, /1? /I 6;qA f,O? N.
2. Lot number and subdivision P L AV A 71. z 5 Z SeI? on 8) R+ Q1? 0 ? ?? 1
3. Allocation lines that determine facilities location. See E"?closc? S?.?,e7
4. Lot (at least portion joining CP&L and direction of side lines), Company land
and shoreline. 46T 61- 6 (c
5. Description of facilities desired. 9?pgy? ; L44,11 1D--Jg, go
??
6. Dimensions of facilities desired. A So '
7. Maximum distance facilities will extend into water. Z . 0
Address to use:
Carolina Power & Light Company ??Y Qve 5?'on S ??ectSe
805 N. Pinehurst Street Cdn?
Aberdeen, NC 28315
• ATTN: Jimmy C. Chisholm
fi<<94
CP&L
805 North Pinehurst Street
September 12, 1996
Felix Miller, Jr.
1212 Linciln Drive
I ligh Point, Nc 27261
Dear Mr. Miller:
SUBJECT: Encroacbment Permission, Lot Nos. 1 thru 6, Section !I
River Haven Subdivision
In answer to your inquiry concerning encroachment on Carolina Power & Light Company (CP&L)
property at Lake Tillery, CP&L's policy is as follows:
1. CP&L (LESSOR) will allow adjacent landowners (LESSEE) to ;:ncroach on CP&L land
for various work activities in its lake immediately adjoining its land heretofore leased to
LESSEE so long as all local, state. and federal regulations are complied with.
Dredging and the discharge of dredged or fill material into waters or wetlands is regulated
by the US Army Corps of Engineers (Corps), and in some cases by the N.C. Department
of Environmental, Health, and Natural Resources (DEHNR). Certain activities in utility
company lakes, including construction of boat docks, excavation of boat basins, and
placement of riprap for shoreline stabilization, have been authorized by the Wilmington
District Office of the Corps in General Permit #198200030. Written approval is not
required from the Corps for activities authorized by this permit. However, you are
responsible for ensuring that your proposed activity does comply with the conditions of the
Corps permit. You are required to obtain written approval from DEHNR, in the form of
a water quality certification, before beginning work. Written approval is also required
from 'P&L.
Questions regarding the specific conditions of this permit should be directed to the
appropriate Corps or DEHNR office. Stanly County residents should contact the Corps'
Asheville office (704-271-4014), and Montgomery County residents should contact the
Corps' Wilmington office (910-251-4441). Questions regarding the water quality
certification required from DEIINR should be directed to the N.C. Division of Water
Quality at 919-733-1786. Also, because the regulation affecting land and water use are
continually being revised, activities which were acceptable in the past may no longer be
approved. You should contact the appropriate regulatory agency to ensure that the
activities you propose are acceptable. Similarly, you should contact CP&L to ensure that
the proposed activity is consistent with CP&L's policies for use of leased land.
2. LESSEE must have a valid Lease Agreement with CP&L in force at the time any work takes
place.
- Page 2-
3. For approved dredging, only silted (deposited) material may be removed from the lake. The
original contour of the lake may not be changed (e.g., no widening or deepening is allowed
by removing `hard' material).
4. The 284.67-foot contour elevation shall not be disturbed nor shall any land between the said
contour and the edge of the waters of the lake be disturbed.
Any dredged material must be removed in entirety from CP&L property and disposed
of in a manner acceptable to regulatory agencies.
LESSEE shall be wholly and solely responsible for all of its operations on and over the property of
LESSOR, and shall defend and hold harmless LESSOR from any and all demands, claims, or suits,
whether in law or in equity, for personal injury, death, or property damage, including but not limited
to damage to the property of, or death or injury to employees, agents, or licensees of LESSOR or
LESSEE, as well as to members of the public, arising out of activities of LESSEE on the land of
LESSOR. LESSEE shall be wholly and solely responsible for complying with all federal, state, and
local regulations governing LESSEE's activities, and for obtaining all necessary permits and
government approvals. LESSEE shall indemnify and hold LESSOR harmless from any liability
arising from LESSEE's failure to comply with regulations or obtain permits and government
approval.
If you agree to these terms, sign and return copy to me.
Very truly yburs,
Ji my Chisholm
C. U44461.,,
Senior Services Specialist
I agree to t above terms.
Felix Miller, Jr.
q/ f'?/ ?Y,
Date