19860052 Ver 1_COMPLETE FILE_19860315

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State of NoAh Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary March 20, 1986 Director
Mr. Stephen J. McLeod
Carmel Development Corp.
6618 Fairview Road, Suite 203
Charlotte, NC 28210
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Shoreline Improvements
Carmel Development Corporation
Holiday Harbor Development
Mecklenburg County
Dear Mr. McLeod:
Attached hereto are two (2) copies of Certification No. 1891
issued to Carmel Development Corporation dated March 20, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
original Signed By
WILLIAM C. NIILLS
R. Paul Wilms
cc: Wilmington District Corps tfEngineers
Mooresville Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention PaYs
P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
L ?

NORTH CAROLINA
Mecklenburg County

i
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Carmel Development Corp.
pursuant to an application filed on the 20th day of January, 1986 to
place rip-rap along shoreline and create a sand beach area on Lake
Norman.
The Application provides adequate assurance that the discharge of
rip-rap and sand into a wetlands area adjacent to the waters of Lake
Norman in conjunction with the proposed shoreline improvements at
Holiday Harbor in Mecklenburg County will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore,
the State of North Carolina certifies that this activity will not
violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application and conditions hereinafter
set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
- as to prevent significant increase in turbidity
- - - - -- outside the area of construction-or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That the rip-rap and sand materials to be used
shall be clean and free of any toxic materials.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 20th day of March, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
WILLIAM C. MILLS
R. Paul Wilms, Director
WQC# 1891
4.A 6
5iA7i v
.State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary March 20, 1986 Director
Mr. Stephen J. McLeod
Carmel Development Corp.
6618 Fairview Road, Suite 203
Charlotte, NC 28210
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Shoreline Improvements
Carmel Development Corporation
Holiday Harbor Development
Mecklenburg County
Dear Mr. McLeod:
Attached hereto are two (2) copies of Certification No. 1891
issued to Carmel Development Corporation dated March 20, 1986.
If we can be of further assistance,.do not hesitate to contact us.
Sincerely yours,
Original Signed BY
e'ILLIAV C. MILLS
Paul Wilms
cc: Wilmington District Corps Engineers
Mooresville Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention PaYs
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
Mecklenburg County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Carmel Development Corp.
pursuant to an application filed on the 20th day of January, 1986 to
place rip-rap along shoreline and create a sand beach area on Lake
Norman.
The Application provides adequate assurance that the discharge of
rip-rap and sand into a wetlands area adjacent to the waters of Lake
Norman in conjunction with the proposed shoreline improvements at
Holiday Harbor in Mecklenburg County will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore,
the State of North Carolina certifies that this activity will not
violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application and conditions hereinafter
set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction-or construction=
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That the rip-rap and sand materials to be used
shall be clean and free of any toxic materials.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 20th day of March, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
WILLIAM C. MILLS
R. Paul Wilms, Director
WQC# 1891

RECEIVED
FEB Z R 1986
WATER QUALITY SECTION
OPERATIONS BRANCH
DIVISION OF ENVIRONMENTAL MANAGEMENT
February 14, 1986
MEMORANDUM TO: Bill Mills I CS,
FROM: D. Rex Gleason P
SUBJECT: Recommendations Regarding 401 Water Quality Certification
Carmel Development Corporation
Holiday Harbor-Lake Norman
Mecklenburg County, North Carolina
This Office has reviewed the proposal to excavate an access channel at
Holiday Harbor on Lake Norman, and the placement of sand and riprap along the
specified shoreline. Based on our review, we do not foresee any long term
or irreversable effects to water quality as a result of the proposal. During
construction, we anticipate that fish/wildlife habitats may be disturbed,
and possibly destroyed; however, the disturbance will be short-lived, and any
permanent destruction will be very minimal.
Precautions should be taken to minimize disturbance of shoreline property
not included as a part of this proposal. Approval is recommended.
If you have questions regarding this matter, please advise.
DRG:se

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC086-N-060-0115 February 6, 1986
PUBLIC NOTICE
CARMEL DEVELOPMENT CORPORATION, 6618 Fairview Road, Suite 203, Charlotte,
North Carolina 28210, represented by MR. STEPHEN J. MCLEOD, General Partner,
has applied for a Department of the Army permit TO PLACE QUARRY RUN RIPRAP AND
SAND MATERIALS ALONG THE SHORELINE OF LAKE NORMAN SHORELINE FOR BANK
STABILIZATION AND TO ESTABLISH A RECREATIONAL BEACH, ABOUT ONE MILE EAST OF
CORNELIUS, Mecklenburg County, North Carolina.
The following description of the work is taken from data provided by the
applicant. Plans submitted with the application show the proposed placement
of 6- to 9-inch diameter quarry run riprap material along approximately 1,700
linear feet of shoreline. The material is to be placed waterward from the
high water elevation contour an average distance of 8 feet to reach a depth of
approximately 1-foot. Additionally, the applicant plans to place sand in a
100-foot by 170-foot area of Lake Norman to establish a swimming beach. The
associated excavation of an access channel and construction of a boardwalk,
gazebos and floating docks are authorized pursuant to general permit No.
SAWCO82-N-000-0030, dated October 14, 1982, which permits work of this nature
within lakes in North Carolina, owned, operated and/or regulated by public
utility companies under license from the Federal Power Commission/Federal
Energy Regulatory Commission (FCRC). Plans showing the. work are included with
this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and

-2-
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
ozA

-3-
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
March 18, 1986.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before March 12, 1986, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Mike Smith, until 4:15 p.m.,
March 10, 1986, or telephone [phone].
L. Warren
Lieutenant Colonel,
Corps of Engineers
Deputy District Engineer

Normi4ti

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Location Map
Holiday Harbor :at Lake Norman
By Carmel Development Corp. Charlotte, N.C.
LandDesign, Inc. Landscape Architects
Charlotte, N.C.
Jan. 20,19W SHEET- `? OF 5
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PROPOSED BOAFt[Wa
?--? 760.0 MGJ WATER ELE
758.0 TYP. WATER ELEV.
751.0 AVG. MAX. DRAWDOM
EXISTING GRADE
PROPOSED G[K PROPOSED RIP-RAP-
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750 A
EXCAVATION SECTION A-A NO SCALE
I.
EXISTING GRADE
PROPOSED GRADE
EXCAVATION SECTION B-B NO SCALE
EXISTING GRADE
760.0 HICii WATER ELEV. F r- PROPOSED GRADE
SAND DEPOSIT FOR SWIMING AREA,
750.
SWIR41NG AREA SECTION C-C NO SCALE
Details
Holiday Harbor !at Lake Norman
By Carmel Development Corp. Charlotte, N.C.
LandDesign, Inc. Landscape Architects
Charlotte, N.C.
Jan. 20,1986' SHEET- 4 OF 5
i
PROPOSED RIP-RAP--\
760.0 11101 WATER 01',
758.0 TYP. EATER M.
751.0 AVG. MAX. DRA DOWN.
2
-7 -- ) - -- - 750.0

2"
GAZEBO SECTION GENERAL DESIGN CONCEPT NO SCALE.
I-CECKING r- FLOATS
NDRAIL
x 6" DECKING

WATER LEVEL (FLUCTUATES)
n V 1 e-& at^ nnrn to f DnTTMA
v - f 1L.1.J nne.?ewM..+ sn vv. . - .
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LO TYP. WATER ELEV
POSED RIP-RAP
BGAFDWkX SECTION NO SCALE
FLOATING DOCK SECTION NO SCALE
Details
Holiday Harbor at Lake Norman
By Carmel Development Corp. Charlotte, N.C.
LandDesign, Inc. Landscape Architects
Charlotte, N.C.
Jan, 20,1986' SHEET 5 OF 5

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
February 4, 1986
Regulatory Branch
SUBJECT: File No. SAWC086-N-060-0115
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
RECEIVED
FEB o6 1986
WATER QUALITY SECTION
OPERATIONS BRANCH
Enclosed is the application of Carmel Development Corporation,
represented by Mr. Stephen J. McLeod, for a Department of the Army
permit and a State Water Quality Certification to place riprap and
sand material along the shoreline of Lake Norman, near Cornelius,
Mecklenburg County., North Carolina. Your receipt of this letter
verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative
regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by March 31, 1986, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Mike Smith,
telephone [phone].
Sincerely,
a W. H is
ief, Regulatory Branch
Enclosure
14 OW
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V n.
Copy Furnished (without enclosure):
Mr. John Parker
Division Hof Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North,Carolna < 27611-7687
"L,-.D
REGULATORY BRANCH
AFFLICATIOhI
FOR
PERMIT TO EXCAVATE ANO/M FILL WATER QUALITY CERTIFi8TIION "
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAIM DC4 . 198F,
Sim a March Canifkia De"nuoient of On AMW
(os14 A MiYtratkri DetiM MM4 eiMaNnil .?lellowwcr aM Cw -Irn13A-118 11o w+tN"WA C ? CFA ?Iltr 6"Met ohm"
(GS Flom type or print and fill in all blarike. If information is not appilcabb, w indicate by placiq NIA M blanit.
1. Appliant Intorrnation McLeod J. Stephen, Cenral Partner of
Carmel Development Corporation
A. Name -
B. Address
6618 Fairview %ad
Charlotte, Street, V. Box nr Rowe 28210 [phone]
Litv nr Town State Zip Code Phone
IL Locstim of Pr Pr CC
A. County erurg_ Cornelius is 1 mile East
B. 1. City, town, community or landmark
2. Is proposed work within city fimi(sl Yes-No Lake Norman
C. Creek, river, sound or bay upon which protect is located or nearest named body of water to project
111. Description of Project
A. 1. Maintenance of existing project 2. New work X -...•.
below typical water level
L Purpose of excavation fill 6501 . A"ess channel length width depth
50' $
1
2. Boat basin Iength-width -,,...-depth
3. Fill area X length 100' width 1?70-'tom-depth 12" Sand for swim area
4. ocher length 1. 01 width8..,?depth1 Rip-Rap ore stabilization
C. 1. Bulkhead length - Average distance waterward of MHW (shcreiine)
2. Type of bulkhead construction (material)
0. Excavated material (i11 l (of fotect)
Alluvial soils, broken concrete
1. Cubic yards 2. Type of material
E. Fill material to be 1@61 1 ?lo- $dnd(see also VI A) 6"-9" Rip-Rap, washed sand
1. Cubic yards 2. Type of material
600 Y js, Ri RaD
IV. Land Type, Disposal Area, and rinstrupsi-on quipment.
A. Does the area to be excavated include any marshland, swamps or other wetland) Yes _? No ?
B. Does the disposal area inclyde any manriland. swamps or other wetland ) Yes _ No .... X
C. Disposal Area 400' Upland from excavation area
1. l.ocatlnn ?
Do you claim title to disposal area! Yes (see =an:,
D. Fill material viuoce if lilt it to be trucied in loco qudrrle.
E. How will excavated material be entrapped and erounn conualted)
with riser pipe outlet and oravel filter.
Type of equipment lo be used
G. Will marshland he crnswd in transporting equipment to protect site? if yes, explain
DAF41
Roar. Mill

V. 100"d UN of P1 Apa(01106091
A.LFrivm -
_ Cam"Wew us ria aniniuns w ay use tie ups.
htotnan owsdawnentt or lredtaerial
Otlwr
4.
I. I. Lot ?las(t)
Lowest floor elevation at least 4' above high water
2. Eiwatim of lads) above tttrtsn Mtlh wam ??-
3. Solt type and tatum -
1. Typo of building facilities ar stttnc:uret 2 and 3 story residential attached units, boardwalk
.? ? -----•- -
along waters edge, gazebos, and floating docks.
S. Swage dimoal andlor waste weer treatment A. E:ittirt+t Manned Now
B. Describe Connection to City-County system through a lift station.
6. Lead Casuftcatton (circle one) OEVELOf f.0 TRA,r'c rlfJNA's. COMMUNITY RURAL
CONSERVATION OTMl, I- (Scot CAMA Local Land Use Plan Svnetpsia
VI. Ferubeing to Fill and wow Quality .
A. Oon the proposed prnlect :r:volve the placement of till materia?s hel4w !weep i3h water? Y•s X?No-
L 1. WIN any runoff or discharge enter adtacent waters as a result of ormect activity or planned use of the
area following protect completion) Yes. 14o X
2. Type of diwhArlpe
VII. Nrlletat rate of shoreiine wosian Iif known): Slav
VUL Us& pwmlt nwrtbm and itwe dues of pnrwA t Department of Army Cw" of Enontem W State pwMitt for
Work M pniut area. it applicable:
13L Lanpa of tits. !ewired to coomlew ar Piect: man s or a lmproverlen s log
X In addltiew t• dw cotaaNted aoplicatioa fur". tM fattswirg iaettte tnwtt be provided:
A. Attach a copy of the dead (wilt State application only) or othw instrument under which applicant
Culm title to the affected prQaerty. OR It applicant is not claiming to be on owner of said property.
then forward a copy of the deed of other insa ntent under which the owner claift tide plot written
permission horn the owner to carry out the protect an his land.
L Attach an accurate wwk alai drawn to scale on 8'4 X I I" white paper l»e instruction hooklet for
details). Note. Original drawings preferred • only hsgh ouainv copies d"eated.
C. A copy of the application and plat must be served upon adiacent riparian landownws by Iegtstered or
cwtified mail cu by publication 1G.S. 113.229 (d))Enter date sM!ed = datp cent Jan. 21. 1986
0. Litt mama and complete addresses 01 the nosrtsn landowners with praoerty adicwWaq applicant's See Exhibit
Such to SPA I
Wl Ingon' Vies`1"cricit's' rhiii
po-!. of Engineers
P.O. Box 1890 Wilmin ton, NC 28402 1890 - [phone]
or Don Cofer, Duke Power Co. Health and Recreation Services 704 37
XL Cartificatien reeluiremom: I certify that to the best of my knowledge, the proposed activity comptip
with the State of North Caroltnats approved coastal mama omen? oropam and will be conducted in a
loaner consistent with such program.
W Any permit issued pursuant to this apoltcatinn will allow only the development described in this appli
Cation and plat. Applicants should therefore describe in the application and plat all anticipated dev*
apt?- t activities, including construction, excavation, filling, and land clearing.
DATE
Applicant's Sigrtatum
aH= SEE REVERSE SIDE FOR MAILI%G* INSTRUCTIONS
LaPOI- )-o s 1 . _q n
Landscape Architecture Land Planning r
. JPN ? 3 ?.9?6
January 21, 1986
Mr. Mike Smith
District Engineer
U.S. Army Corps of Engineers, Wilmington District
Regulatory Branch
P.O. Box 1890
Wilmington, N.C. 28402
RE: Holiday Harbor Condominiums--Proposed Lake Improvements
Carmel Development Corporation
Dear Sir:
The enclosed materials are being submitted for your review and approval, to
enable the applicant, Carmel Development Corporation, to obtain the necessary
permits for proposed lake improvements at Lake Norman. Phase I grading plans
have been submitted earlier this week to Duke Power Company for lake excavation,
and installation of 450 linear feet of shoreline rip-rap only, (see sheets
1 and 2 of 2 dated January 16, 1986) It is my understanding that these items
can be permitted by Duke Power Company under a General Permit No. SAWC082-N-
000-0030 without specific review and permitting from the Corps of Engineers or
other Federal and State agencies. These plans have been sent to the Corps
Wilmington office and to the N.C. Department of Natural Resources (John.Parker),
however, to inform them of the proposed phase I construction.
The second application being made now shows the phase I items just mentioned, and
in addition proposes the following:
1. installation of rip-rap stabilization for a 'total length of 1700
linear feet of shoreline (inclusive of 450 linear feet in phase I)
2. construction of a wood board walk along the proposed lake edge
covering a total length of approximately 600 linear feet
3. two gazebo structures
4. several floating boat docks
5. deposit of approximately 100 cubic yards of sand to create a desirable
swimming area and beach.
Please let me know at your earliest opportunity of any revisions or additions
that you may require to issue approval and permits for these plans.
Sincerely,
ivyin
Thomas M. McCrory, ASLA
Copy: John Parker
N.C. Dept, of Nat. Res.
Don Cofer
Duke Power Company
1701 East Boulevard Charlotte, NC 28203 704 333 0325

LanbDeAS
Landscape Architecture Land Planning
January 21, 1986
MEMORANDUM
Re: Holiday Harbor Proposed Lake Improvements
To: Adjacent Property Owners
From: Tom McCrory, ASLA
LandDesign, Inc.
The enclosed materials describe lake improvements proposed by Carmel
Development Corporation to create additional lakefront area, improve
boating access, stabilize the shoreline within the site area, and
provide lakefront amenities including gazebos, boat ramps, and wood
boardwalks. This application has been sent to the Army Corps of
Engineers for review, and part of the submittal requirements from the
Corps is that adjacent property owners and other government agencies
be informed of the proposed work.
If you have any.particular concerns or comments about this proposal,
please direct them to LandDesign, Inc., Duke Power Company, and/or The
Corps of Engineers. Telephone numbers are listed on the enclosed
application form.
Copy to: Steve McLeod, Carmel Development Corp.
1701 East Boulevard Charlotte, NC 28203 ' 704 333 0325
1e>rr "A
Holiday Harbor
Adjacent Property Owners
Tax' Pa rce 1 #
01-142-2
01-142-1
01-142-5
01-141-1
01-141-2
01-141-4
01-141-5
Owner and Address
NCF Financial
C/o Jim Coates
.600 Matthews - Mint Hill Rd.
Matthews, NC 28105
Robert E. & Kathryn Kunkleman
RFD 1 Box 390
Davidson, NC 28036
Robert E. Kunkleman & WF Kathryn
4001 McKee Rd.
Matthews, NC 28105
Josephine & James-W. Schout, JR.
1000 Sedgefield Rd.
Charlotte, NC 28209
Bethel Presbyterian Church
c/o Ralph Knox
Davidson, NC 28036
Leonard Clonte Knox
RFD 1 Box 395
Davidson, NC 28036
Mabel F. Rudisill
RFD 1 Box 410
Davidson, NC 28036

STATE OF NORTH CARCLINA )
COUNTY,*OF MECKLENBURG )

THIS ASSIGNMENT, made and entered into this day of November, 1985
by and between Carmel Land Company, a North Carolina corporation with its
principal office in Mecklenburg County, North Carolina (hereinafter
"Assignor") and Walter 0. Hendrix and J. Stephen McLeod, both of Mecklenburg
County, North Carolina (hereinafter "Assignee").
J1I111.9.21.9111:
WHEREAS, Assignor has entered into that certain Contract for Purchase of
Real Estate with Holiday Harbor Marina, Inc., which contract is dated the 25th
day of April, 1985, a copy of which is attached hereto as Exhibit "A"; and
WHEREAS, Assignee is desirous of having said Contract for Purchase of
Real Estate assigned to them and further desires to assume all obligations of
Assignor thereunder.
NOW, THEREFORE, for and in consideration of the sum of One Hundred
Dollars ($100.00) and other valuable consideration, Assignor does hereunder
transfer and assign to Assignee the attached Contract for Purchase of Real
Estate under the following terms and conditions:
1. The purchase price to be paid by Assignee to Assignor for such
Assignment shall be the sum of . and No/-100
Dollars 4 plus reimbursement due Assignor of
cash deposited with seller to be applied to purchase price at
closing), said sum to be paid to Assignor at the closing of the purchase and

sale of the 24.68 acres as provided in Exhibit "A".
2. Assignee agrees to assume all obligations of "buyer" under the terms
and co4ditions of said Contract for Purchase of Real Estate and to truly and
fully perform all terms and conditions as may be required of buyer under said
Exhibit "A".
IN WITLESS WHEREOF, Assignor does hereunto set its hand and seal the day
and year first above written.
CARMEL LAND COMPANY
r°
By*
IN WITNESS WHEREOF, Assignee has hereunto set their hands and seals the
day and year first above written.
Walter 0. Hendrix
J. SUbben"McLeod'
(SEAL)
SEAL)

-2-

STAT OF iPRTH CAROLINA )
COUNTY OF MECKLENBURG )
i?
THIS AGREEMENT, made and entered into this 7,5441 day of April, 1985, by
and between Holiday Harbor Marina, Ina., (formerly Statewide Developers, Inc.)
a North Carolina corporation with its principal place of business in
Mecklenburg County, North Carolina (hereinafter referred to as "Seller"), and
Camel Land Conpany, a North Carolina corporation with its principal place of
business in Mecklenburg County, North Carolina (hereinafter referred to as
"Buyer");
WHEREAS, Seller is the Lessee and Optionee of 24.68 acres, more or less,
located in Lemley Township, Mecklenburg County, North Carolina, by virtue of
that certain lease dated February 7, 1968 by and between Leonard C. Knox and
Wife,. Helen H. Knox as Lessor and Statewide Developers, Inc. (now Holiday
IN.
Harbor Marina) as is shown on Exhibit A attached and is Lessee of 6.70 acres
lying within the bed of Lake Norman as is more specifically described in that
certain Lease between the Seller and Duke Power Company dated the 12th day of
July, 1983 (hereinafter referred to as the *Subject Property"); and
WHEREAS, Buyer is desirous of acquiring the 24.68 acres and having the
aforementioned Duke Power Company lease assigned to it.
110W, THEREFORE, the parties hereto, for themselves, their heirs,
successors and assigns, do agree as follows: Seller will convey to Buyer and
Buyer will purchase from seller the aforedeacribed subject property and Seller
will assign in proper and binding form the aforedescribed Duke Power lease 'to
buyer under the following terms and conditions:

1. Zurchas2 trig. The purchase price to be paid to Seller by Buyer
shall be an follows:
Cost of Land
Cost of Depreciable Assets
including personal property
and improvements to real estate,
a schedule of which is shown on
Exhibit B attached.
TOTAL PURCHASE PRICE:
Said purchase price to be paid as follows:
A ' nd No/100 Dollars ?) non-refundable deposit
herewith to Seller to be applied to the purchase price at closing and the
balance of - and No/100 Dollars
to be paid to Seller in cash at closing.
2. Marketable Title. At closing, Seller will execute and deliver to -
Buyer a deed containing full warranties and covenants of title with North
Carolina excise tax stamps affixed at Seller's expense, and conveying to Buyer
good, marketable indefeasible fee simple title 'to the 24.68 acres aforesaid
and an assignment of the 6.70 acre lease aforesaid, insurable by Lawyers•Title
Corporation at standard rates under an owner's title insurance policy issued
on ALTA forms, free and clear of all liens, encumbrances and encroachments,
subject only to customary utility easements servicing the property, B-2
zoning, and recorded lease on a portion of the subject property to Bridgeport
Fabrics, Inc. recorded in Hook 3611 at Page 553 in the Mecklenburg Registry,
lease dated 31st day of March, 1981 on a portion of the subject property to
Jack William Bennett (recorded or unrecorded),' approximately forty-eight (48)
unrecorded leases for recreational vehicle space on a portion of the subject
2

proPJrty as Well as unrecorded leases for boat slips located within the 6.70
acres leased from Duke Power Company, the lien of.1985 ad valorem taxes, which
shall be prorated at closing. All closing costs other than Seller's legal
expenses shall be the responsibility of Buyer.
3. Sel lOr' s Covenants. Seller warrants and covenants with Buyer that
the following terms and conditions shall continue and remain in full force and
effect during the term of this contract until closing:
(a) That all the aforementioned unrecorded leases for recreational
vehicle spaces may be terminated not later than one (1) year from the date of
this agreement and that Seller will not renew any Lease for recreational
vehicle spaces beyond February 280 19861,-it being expressly understood and
agreed, however, that there are certain unrecorded leases for recreational
vehicle spaces which have already been renewed and which will not expire until
May 1, 1986, and that nothing has been done to extend the term of the
aforementioned Bridgeport Fabrics and Jack William Bennett leases.
(b) Seller will not permit, commit or suffer waste, impairment or
deterioration of the Subject Property or any part thereof.
(e) Seller will comply with all statutes, orders, requirements or,
decrees relating to the Subject Property by any federal, state or municipal
authority and observe and comply with all conditions and requirements
necessary to preserve and extend any and all rights, licenses, permits
(including but not limited to toning variances, special exceptions and non-.
conforming uses), privileges, franchises, concessions and restrictive
covenants which are applicable to the Subject Property.
3

(d) Seller will keep the Subject Property free from all statutory liens
and pay bdrore delinquent and before any penalty or interest for non-payment
attachea, all taxea, assessments, water rates, sewer rates and other
governmental, public, municipal or private charges, dues, fines or impositions
and any prior liens now or hereafter assessed or liens on or levied against
the Subject Property or any part thereof.
(e) Seller will not create or suffer to be created, directly or
indirectly, any mortgage, lien, deed of trust, encumbrance, charge, easement,
condition, lease, covenant or other cloud or objection to marketable title
upon or against the Subject Property or any part thereof without the prior
written consent of Buyer, which consent will be in Buyer's sole and absolute '
discretion.
(f) Except as provided herein, Seller will not rezone or permit to be
rezoned or otherwise take similar action or permit action to be taken in
connection with the Subject Property or any part thereof which would prevent
Buyer's full and complete use and enjoyment of the Subject Property or any
part thereof without the prior written consent of Buyer in its sole and
absolute discretion.
(g) That that certain lease dated the 7th day of February, 1968 by and
between Leonard C. Knox and wife, Helen. H. Knox as Lessor and Statewide
Developers, Inc. (now Holiday Harbor Marina, Inc.) is in full foroe and effect
and that no material breaches have occurred on the part of the tenant and that
Seller shall exercise its option to acquire the property described therein
prior to or simultaneous with closing as is specifically set forth in
Paragraph 5 of the said lease.
4

W That Seller-will furnish to Buyer, prior to closing, a rent roll
acouratell reflecting the name of the tenant, term of lease, monthly or annual
rental to be paid, security deposit, if any, received together with a
certificate that no special concessions have been given to any tenant relating
to any future rental installments due.
(i) That Seller will cooperate with Buyer in the filing of a Petition
for Rezoning with the Town of Cornelius to allow for mixed uses of commercial
and. multi-family on the subject property, by procuring such signatures as may
be required of the record owner and by executing such documents as may be
required of it as Lessee.
(J) That the. aforedescribed lease with Duke Power Company is not in
default and may be fully and freely assigned to Buyer.
4. Bridgeport Fabr;? Lease Notwithstanding the provisions of Paragraph
1 above it is agreed that the purchase price shall be increased by the sum of
Twenty Thousand and No/100 Dollars ($20,000.00) if prior to or at closing
Seller shall. obtain from Bridgeport Fabrics a document in recordable and
binding form terminating the Lease recorded in Book 3611 at Page 553 which
date of termination shall be not later than February 28, 1987.
5. Rents. All rentals received by Seller from tenants of Seller prior
to February 28, 1986 shall be retained by Seller.
6. -Talidity_,t Contract. If for any reason Seller is unable to convey
fee simple marketable title as is more specifically set forth in Paragraph 2,
or in the event any of the conditions as set forth in Paragraph 3 are not not
as required herein, then Buyer. may, at its option, declare this Agreement null
and void provided, however, that should Buyer declare this agreement null and
5

void all work products generated by Buyer, including surveys, engineering
data, bite plan, rezoning material, shall be delivered to and shall become the
property of the Seller.
7. Closing. The closing of this transaction shall be held on or before
February 28, 1986. Provided, however, in the event the Internal Revenue Code
is amended relating to capital gains treatment so as to cause a different
capital gain to Seller as is currently provided, then in that event the
parties agree that the closing of this transaction shall be prior to the
effective date of the enactment of such change in the Internal Revenue Code,
provided, however, that such early closing shall not result in any economic
disadvantage to Buyer. Such closing shall be at the offices of Ervin,
gornfeld & MacNeill, 219 East Boulevard, Charlotte, North Carolina 28203, or
at such other place as the parties may mutually agree. Buyer shall not later
than thirty (30) days prior to closing at its cost and expense, furnish to
Seller a current boundary survey of the subject property which survey shall be
used in the preparation of all documents necessary for closing.
8. Brokeraxe Commission. A brokerage commission in the sum of ,
{'?) shall be paid by Seller to
Charlotte, North Carolina.
9. -Entire dg ¦ n . This contract constitutes the entire agreement
between the parties and may be amended or rescinded only by written agreement
of the parties.
6

{
(This is Page 7 of Contract for Purchase of Real Rotate by and between Holiday
Harbor Marina, Inc. and Carmel Land Company, dated this 25th day of April,
1985'1) P
IN WITNESS VHEREOF, the parties hereto have caused this Contract for
Purchase of Real Estate to be executed this 25th day of April, 1985.
[Corporate Seal]
ATTEST:
G
Se ore to y
[Corporate Seal]
ATTEST:
- ' Secretary

CARMEL LAND COMPANY, a Rorth Car 1iaa
corporation
2
By:
President
HOLIAAT HARBOR MARINA, INC.
BY:
President
7

(This is Page 8 of Contract for Purchase of Real Rotate by and between Holiday
Harbor Marina, Ina. and Carmel Land Company, dated this 25th day of April,
198A)
STATE OF NORTH CAROLINA )
COUNTY OF MECKLENBURG )
_, i e. , a Notary Public for said County and
State certify that n G - rano, Nei I i,Jr. personally oam% b fore me
this day and being by me duly sworn, acknowledged that _he is the "eeretary
of Carmel Land Company, and that by authority duly given and as the act of
corporation, the foregoing instrument was signed in its name by p President,
sealed with its corporate seal, and attested by „amself as its"Secretary.
WITNESS my hand and seal this 25th day of April, 1985.
'My Commission Expires:
Notary Public
STATE OF NORTH CAROLINA )
)
COUNTY OF MECKLENBURG )
I, „??;1?. /,.'?.C,, a Notary Public for said County and
State certify that <1rt c??,? z,? ?z. personally came before me
this day and being ly 'bye duly sworn, acknowledged that ,jhe is the Secretary
of Holiday Harbor Marina, Inc., and that by authority duly given and as the
act of corporation, the foregoing instrument was signed in its name by its
President, sealed with its corporate seal, and attested by himself as its
Secretary.
WITNESS my hand and seal, this 25th day of April, 1985.
Notary Public
My Commission Expires: &
8
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Location Map
Holiday Harbor :at Lake Norman
By Carmel Development Corp. Charlotte, N.C.
LandDesign, Inc. Landscape Architects
Charlotte, N.C.
Jan, 20,1986' SHEET 1 OF 5

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st Q PROPOSED BOARDWALK
EXISTING GRADE •
!UPOSED GRAI PROPOSED RIP-RAP
~ - - 760.0 HIGJ WATER ELEV.
i
758.0 TYP. WATER ELEV..
751.0 AVG. MAX. DI MM 750.0
EXCAVATION SECTION A -A NO SCALE
EXISTING GRADE PROPOSED RIP-RAP
-PROPOSED GRADE / 760.0 HIGH WATER ELEV.
758.0 TYP. WATER ELEV.
751.0 AVG. MAX. DRAMN
750.0
EXCAVATION SECTION B-B NO SCALE
EXISTING GRADE,.
PROPOSED GRADE
HIGH VKER ESE
--SAND DEPOSIT FOR SWIMMING AREA
750.0
SWIMMING..AREA SECTION C-C NO SCALE
Details
Holiday Harbor'at Lake Norman
By Carmel Development Corp.. Charlotte, N.C.
LandDesign, Inc. Landscape Architects
Charlotte, N. C.
Jan. 20,1986' SHEET 4 OF 5

211 )

f
_ y
GAZEBO SECTION GENERAL DESIGN CONCEPT
T

NO SCALE.
DECKING
r*- FLOATS
'rlAftDitAIL
t11 X 611 DECKING.,.
60.0 HIG!i WATER--
LEV.: '
'58.0 TV. WATER ELEV
'ROPOW RIP-RAP
_r
BOARMALK SECTION NO SCALE

WATER LEVEL (FLUCTUATES)
nt. rn •.snllnnrn ThIfnnTTAU
_
_.

FLOATING DOCK SECTION NO SCALE
Details
Holiday Harbor at take Norman
By Carmel Development .Corp. Charlotte, N.C.
LandDesign, Inc. Landscape Architects
Charlotte, N.C.
Jan, 20,1986' SHEET 5 OF 5
'Ali
K ?
J
L
a
January 28, 1986
N.C. Department of Natural Resources
and Community Development
Division of Environmental Management
P.O. Box 27687
Raleigh, NC 27611-7687
J C. t..ine. .......6. e
RE: Holiday Harbor Condominiums-Proposed Phase I Lake Improvements
by Carmel Development Company
Dear Sirs:
This letter is to inform your agency of a proposal by Carmel Development
Company to excavate a portion of Lake Norman and install 450 linear feet of
rip-rap shoreline stabilization. This proposed construction is shown on
the enclosed sheets 1 and 2 of 2 by LandDesign, Inc., dated January 16,
1986. Permit applications have been made to Duke Power Company, via Don
Cofer, Health and Recreational Services, and to Mecklenburg County
Engineering Department. If your agency has any specific comments regarding
this proposal, or if we need to obtain any specific approval or
authorization from you for this construction, please let me know.

The proposed site is located aproximately one mile west of Cornelius, on
N.C. Highway 73, and is adjacent to an existing marina facility with the
same name, which will continue to operate as a public facility. Dredging
will be undertaken to deepen the existing cove within Duke Power property,
to provide additional water surface area and allow movement of boats in
and out of the cove. An estimated + or - 7500 cubic yards of dredge
material will be generated during this procedure, with an additional + or -
3500 cubic yards of soil to be excavated along the banks to provide slopes
above water that are gradual enough to stabilize and maintain with
permanent vegetation. The excavated material will be deposited on the site
in the areas indicated in plan, with erosion control measures implemented
to control sedimentation and erosion. In addition, 450 linear feet of
shoreline will be stabilized by rip-rap. ---
FEB 5>1 l"ccQ? .
PERM0.S `, t02' Un, ,RtK
1701 East Boulevard Charlotte, NC 28203 704 333 0325
4W 40
f

Holiday Harbor Condominiums
January 28, 1986
Page Two
Plans for this work have been submitted to the Army Corps. of Engineers,
and in a letter dated Dec. 30, 1985 they have indicated that the proposed
dredging is authorized by their general permit No. SAWC082-N-000-0030,
which is implemented by Duke Power Company. This general permit (attached)
also allows for installation of up to 500 linear feet of shoreline rip-rap.
Sincerely,
LandDesign, Inc.
Thomas M. McCrory
TM/pm
Enclosures: Sheets 1 and 2 of 2, Phase I Grading
Letter from Corps. of Engineers dated Dec. 30, 1985.
Department of the Army General Permit
(Rec'd from Corps. of Engineers with above letter)

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTKCAROUNA 28402-1890
December 30, 1985
IN REPLY REFER TO
Regulatory Branch
SUBJECT: General Permit No. SAWC082-N-000-0030
'
t ''

JAN

Mr. Thomas M. McCrory, ASLA
Landdesign Incorporated
`
1701 East Boulevard <?6
G
Charlotte, North Carolina 28203
Dear Mr. McCrory:
Reference your December 10, 1985, letter on behalf of Carmel
Development Company, regarding the Holiday Harbor Condominium
project, adjacent to N. C. Highway 73 approximately one mile west
of Cornelius, Mecklenburg County, North Carolina.
On October 14, 1982, we issued general permit No. SAWC082-N-
000-0030 (copy enclosed) that authorizes construction activities
in waters of lakes and reservoirs in the State of North Carolina,
owned, operated, and/or regulated by public utility companies
under license from the Federal Power Commission/Federal Energy
Regulatory Commission (FERC) and all lakes or reservoirs in the
State of North Carolina owned and operated by the Tennessee Valley
Authority (TVA). Review of your plans indicates that the proposed
dredging of 7,500 cubic yards of bottom materials to establish a
boat access channel and the construction of wooden ramps, floating
docks, gazebos and wooden walkways is authorized by this general
permit if you will comply with all permit conditions and any
stipulations by Duke Power Company. Please read the enclosed
permit to prevent an unintentional violation of Federal law. This
general permit does not relieve you of the responsibility to
obtain any required State or local approval.
We have determined that the remainder of the proposed work,
stabilization of approximately 1,700 linear feet of shoreline with
a bulkhead structure and riprap material and the placement of sand
to form a beach, is not authorized by general permit and must be
authorized by individual permit. In this regard, it is necessary
that you furnish additional information. Enclosed is a pamphlet
designed as a guide for applicants that explains, in general
terms, why a permit is required, when a permit is needed, and how

1
y . 3 yw

-2-
to submit a permit application. Clear and accurate information,
including drawings, must be provided. Supplemental pages may be
used.
Plans should consist of one original or good quality
reproducible set of drawings on 8-1/2-inch by 11-inch tracing film
or white paper. Submit the fewest number of sheets necessary to
adequately show the proposed work. Drawings should be prepared in
accordance with the general format of the enclosed sample. Block,
style lettering should be used. A 1-inch margin should be left at
the top edge of each sheet and a 1/2-inch margin should be left on
the three other edges for purposes of reproduction and binding. A
title block on each sheet should identify the proposed work and
contain the name of the body of water, name of the county and
state, name of the applicant or agent, number of sheets in set,
and the date the plans were prepared. As plans must be reproduced
photographically, color shading should not be used. Plans must
show work as dots, hatching, or similar graphic symbols. Ordinary
high and low waterlines should be shown. Water depths in the
project area should be indicated. Principal dimensions of the
structure or work and the extent of the encroachment waterward of
the applicable high waterline should be shown. The location of
all wetlands in the project area (i.e., swamps, marshes, etc.)
must be clearly shown. The depth at the waterward face of the
proposed work should be indicated. A cross-section drawing of
fill work, including approximate side slopes, should be prepared.
The number of cubic yards, type of material, method of handling,
and location of fill or material retention area should be
indicated.
This information should be forwarded to us by January 6, 1986.
If you have questions, please do not hesitate to contact Mr. Mike
Smith, Regulatory Branch, telephone [phone].
Sincerely,
0(?taslwl.
It
t
ief, Regulatory Branch
Enclosures

-3-
Copies Furnished (without enclosures):
Mr. John Parker
North Carolina Department of
Natural Resources and
Commuity Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Don Cofer
Duke Power Company
Health and Recreational Services
422 South Church Street
Charlotte, North Carolina 28242

Application 11o. SAWCO82-N-000-0030
Name of Applicant: General Permit
Effective Date: 14'October 1982
Expiration Date: 31 December 1986
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to perform work in or affecting navigable waters of the United States upon the recommendation of
the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403) and
to Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby Issued by authority of the Secretary of the
Army by the
District Engineer
US Army Engineer District, Wilmington
Corps of Engineers
PO Box 1890
Wilmington, NC 28402
r

To authorize construction activities and work requiring approval of the Department of the Army in waters of lakes
and reservoirs in the State of North Carolina, owned, operated, and/or regulated by public utility companies
under license from the Federal Power Commission/Federal Energy Regulatory Commission (FERQ) and all lakes or
reservoirs in the State of North Carolina owned and operated by the Tennessee Valley Authority (TVA).
Activities and work authorized are: (1) construction of boat docks, ramps, and boat houses using materials
commonly acceptable for such construction such as pressure treated lumber, creosoted piling, concrete, and
normally acceptable flotation materials; (2) excavation of boat slips and channels for use by recreational
boating; (3) construction of bulkheads and backflll, and placement of riprap along shorelines for shoreline
stabilization and erosion control purposes; (4) installation of submerged and aerial powerllnes and utility lines
where U.S. Coast Guard requirements for aerial crossings are met and where bottom elevations are restored to
preproject contours for submerged lines; (5) construction of water intake and waste discharge facilities where
other State and Federal agency requirements are met.
These lakes and reservoirs were created and exist primarily for the purpose of generation and production of
hydroelectric power. They were constructed and operated under laws and regulations administered by the Federal
Energy Regulatory Commission and its antecedent, the Federal Power Commission and TVA. Activities within these
waters are the primary concern of, and should be regulated by those parties. This General Permit therefore
applies to all waters on or within lands owned by or under flowage easement to public utility companies or TVA.
1. Specific Conditions.
a. For all floating facilities, flotation units shall be constructed of material which will not become
waterlogged or sink when punctured.
: b. Excavation of boat slips and channels for use by recreational boating are restricted to the area between
normal low water or summer pool elevations and normal high or winter pool elevations.
c. Construction of bulkheads and backfIIIs and placement of riprap along shorelines must extend no further
than 10 feet or an average of 5 feet beyond the normal high pool elevation and must include a total length of no
more than 500 feet along the shoreline. It is recommended that no more than 50 feet of this distance be
bulkheaded and the remainder be riprapped where possible.

d. Rlprap material must consist of clean rock or masonry materials such as marl, brick, or broken concrete.
Materials such as car bodies, tires, scrap metal, paper products, tree limbs, wood debris, or other material Is
not considered riprap.
e. Any fill material will consist of suitable material free from toxic pollutants in toxic amounts.
f. All excavated material must be.removed entirely to high ground and/or retained behind suitable retention
structures to prevent reentering the water and creating excessive turbidities, etc.
g. The minimum clearance for aerial communication Imes or any Imes not transmitting electrical power will
be 10 feet above the clearance for bridges in the vicinity.
h. The minimum clearance for aerial electrical power transmission lines will be governed by the system
voltage as shown below.
Nominal System
Voltage, Kilovolts
115 and below
138
161.
230
350
500
700
750-765
Minimum Clearance
Above Bridge Clearances
20
22
24
26
30
35
42
45
1. Clearances are based on the low point of the line under conditions which produce the maximum sag
considering temperature, load, wind, length, span, and type of supports.
2. General Conditions.
a. All activities authorized by this general permit shall be consistent with applicable water quality
standards, effluent limitations, and standards of performance, prohibitions, pretreatment standards and
management practices established pursuant to the Clean Water Act (33 U.S.C. 1344), the Marine Protection,
Research and Sanctuaries Act (33 U.S.C. 1413) and pursuant to applicable State and local law. To assure
preservation of water quality, permittee, If required to do so, must apply for and obtain a Water Quality
Certification from NCDEM in accordance with Section 401 of the Clean Water Act.
b. If easements to fIII'State bottoms are required by the N.C. Department of Administration, State Property
Office, such easements must be obtained prior to proceeding with work under this general permit.
c. The general permit does not authorize any activity which might affect a threatened or endangered species
as identified under the Endangered Species Act (16 U.S.C. 1531) or adversely modify designated critical habitat
of such species without consultation with the U.S. Fish and Wildlife Service.
d. A property owner must make every reasonable effort to prosecute the work authorized herein in a manner so
as to minimize any adverse impact of the work on fish, wildlife, and natural environmental values.
e. A property owner must prosecute the work authorized herein in a manner so as to minimize any degradation
of water quality.
f.. A property owner shall permit the District Engineer or his representative to make periodic inspections at
any time deemed necessary in order to assure that the activity is being performed In strict accordance with the
terms and conditions of this general permit.
'-1 0

g. This general permit does not convey any rights, either In real estate or material, or any exclusive
privileges; and it does not authorize any injury to property or invasion of rights or any infringement of
Federal, State or local laws or regulations, nor does it obviate the requirement to obtain State or local assent
required by law for the activity authorized herein.
h. Authorization provided by this general permit may be either modified, suspended, or revoked In whole or
in part if the District Engineer, acting on behalf of the Secretary of the Army, determines that such action
would be in the best public interest. Unless subject to modification, suspension, or revocation, the term of
this general permit shall be 5 years. Any modification, suspension, or revocation of authorization shall not be
the basis for any claim for damages against the US Government.
1. This general permit does not•authorjze the Interference with any existing or proposed Federal project and
the permittee shall not be entitled to compensation for damage or Injury to the structures or work authorized
herein which may be caused by or result from existing or future operations undertaken by the United States in the
public Interest.
J. Upon receipt of written notice from the District Engineer of failure to comply with the terms and
conditions of this general permit, permittee shall, within 60 days, without expense to the US Government and In
such manner as the District Engineer may direct, effect compliance with the terms and conditions or return the
worksite to a prework condition.
k. This general permit will not be applicable to proposed construction when the District Engineer believes
that authorization may be warranted but that the proposed activity might significantly affect the quality of the
human environment and determines that an Environmental Impact Statement (EIS) must be prepared.
1. This general permit will not be applicable to proposed construction when the District Engineer determines
that the proposed activity would adversely affect areas which possess recognized historic, cultural, scenic,
conservation, or recreational values. Application of this exemption applies to:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those proposed for
inclusion as provided by Sections 4 and 5 of the Act, and wild, scenic, and recreational rivers established by
State and local entities.
(2) Historic, cultural, or archaeological sites listed in or eligible for Inclusion in the National
Register of Historic Places as defined in the National Historic Preservation Act of 1966 and its codified
regulations.
(3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks.
m. At his discretion, the District Engineer may determine that this general permit wlII not be applicable to
a specific construction proposal. In such case, the procedure for processing an individual permit in accordance
with 33 CFR 325 will be available.
n. This General Permit does not preempt any approvals which may be required under law or regulations admin-
istered by the Federal Energy Regulatory Commission (FERC) or by the FERC licenses or by TVA.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
OMGE T. BURCH
&AA EXECUTiA ASSISTANT
ARPAD A. KOPCSAK, JR.
LTC, Corps of Engineers
Acting District Engineer
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Location Map
Holiday. Harbor ;at Lake Norman
By Carmel Development Corp. Charlotte, N.C.
LandDesign, Inc. Landscape Architects
Charlotte, N.C.
Jan, 20,1986' SHEET- '? OF 5
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State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
40
James G. Martin, Governor
S. Thomas Rhodes,?ecretary
fp-
April 3, 1986
Colonel L. Warren
Deputy District Engineer
Corps of Engineers
P. 0. Box 1890
Wilmington, NC 28402
David W Owens
Director
Dear o one Warren:
In accordance with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice . 0115
dated February 6, 1986 which describes a project proposed by Carmel Development
Corporation of Charlotte. The project, involving riprap installation for
shoreline stabilization,is located on Lake Norman east of Cornelius in Mecklen-
burg County.
Based on a coordinated agency review, the state will interpose no objection
to the project described in the Notice. However, the Division of Land Resources,
Mooresville Regional Office does recommend the following: 1) that riprap
activity be accomplished when the lake is down, 2) a filter material should
be laid under the riprap to prevent erosion beneath it, 3) riprap should
be of a size to prevent movement by wave action, and, finally 4) all shoreline
area should be stabilized immediately following project completion.
For your information, the Division of Environmental Management issued
water quality certification No. 1891 on March 20, 1986.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Eaual Oooortunity Affirmative Artinn Fmn1-
ar?
s
Colonel L. Warren
April 3, 1986
Page 2
Should you require additional input from the state on this matter,
do not hesitate to contact this office.
Very sincerely,
n Parker, Jr.
Inlan '404 Coordinator
JRP:jr/aw
cc: Division of Land Resources
Raleigh /
Division of Environmental Management./
Raleigh
'c