19910834 Ver 1_Complete File_19910425

CHARLES R. COLEY
P.O. BOX 307
BLOWING ROCK, NC 28605
[phone] FAX [phone]
APRIL 25, 1991
MR. JOHN DORNEY
NC: DEPT. OF ENVIRONMENT, HEALTH AND NATURAL RESOURCL?
512 N. SALISBURY ST.
RALEIGH, NC: 27611
DEAR MR. DORNEY:
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THE FOLLOWING IS A RESPONSE TO YOUR LETTER DATED MARCH 21, 1991.
I AM ENCLOSING A COPY OF THE REQUESTED WET LAND SURVEY. THE
WETLANDS WERE IDENTIFIED AND MARKED BY MR. STEVE LUND, CORPS OF
ENGINEERS. THE TOTAL AMOUNT OF WETLANDS IN THE MARINA SITE IS 26,529
SQ.FT. (26,214 + 31S) OR 0.609 ACRES. THESE ARE MARGINAL WETLANDS
CAUSED BY WATER ENTRAPMENT WHEN THE AREA FLOODS. BASED UPON THE
INVESTIGATION AND OBSERVATION OF THE CORPS OF ENGINEERS, THERE IS NO
WATER COMING FROM UNDER THE GROUND. THE WATER IS ENTRAPPED BY HIGHER
OUTER CREEK BANK EDGES. IF THESE EDGES WERE LOWERED OR ELIMINATED,
THE WATER WILL DRAIN NATURALLY AND THESE WETLANDS WILL DISAPPEAR.
ACCORDING TO THE SURVEY BY MR. LUND, THERE ARE NO OTHER WETLANDS ON
THE SITE EXCEPT MINIMUM AMOUNTS BORDERING THE EDGES OF THE CREEK
BANKS.
YOU REQUESTED WE ADDRESS THE FOLLOWING PRACTICABLE ALTERNATIVES.
DOCKS INTO THE CATAWBA RIVER: DOCKS INTO THE CATAWBA RIVER ARE
PRACTICABLE AND PERMISSIBLE AT THIS LOCATION. DUKE POWER REQUIRES
THAT THE SAME RULES ARE TO APPLY HERE THAT APPLY TO DOCKS ON THE MAIN
BODY OF LAKE NORMAN. THESE REQUIREMENTS ARE AS FOLLOWS:
1. DOCKS MAY NOT EXTEND MORE THAN EIGHTY (80) FEET FROM THE
SHORELINE (760' CONTOUR) UNLESS A WATER DEPTH OF TEN (10) FEET IS NOT
AVAILABLE AT EIGHTY FEET, THEN THE DOCKS MAY EXTEND ANOTHER FORTY
(40) FEET TO A MAXIMUM DOCK LENGTH OF ONE HUNDRED AND TWENTY (120)
FEET.
2. IN ANY CASE, DOCKS MAY NOT EXTEND MORE THAN ONE-THIRD (1/3) THE
DISTANCE ACROSS THE RIVER, SUCH DISTANCE TO BE MEASURED TO THE
"ISLANDS" AT THE RIVER'S APPROXIMATE CENTER RATHER THAN TO THE FAR
SHORE.
WHILE IT MAY BE PRACTICAL AND PERMISSIBLE TO EXTEND DOCKS INTO THE
RIVER, IT WOULD NOT BE DESIRABLE TO LOCATE THE ENTIRE MARINA THERE
FOR THE FOLLOWING REASONS:
1. EXTENDING THE DOCKS INTO THE RIVER WILL CREATE A NARROWER AND A
SEVERELY RESTRICTED MAIN RIVER CHANNEL WHICH IS LOCATED BETWEEN THE
CATAWBA SHORE AND THE "ISLANDS." MOST OF THE BOAT TRAFFIC IS FORCED
TO USE THIS CHANNEL BECAUSE IT IS THE DEEPER PART OF THE RIVER. THE
WATER ON THE OPPOSITE SIDE OF THE "ISLANDS" IS VERY SHALLOW AND.
THEREFORE, IS NOT NAVIGABLE FOR MOST BOATS.
CHARLES R. COLEY
P.O. BOX 307
BLOWING ROCK, NC 28605
[phone] FAX [phone]
PAGE 2
MR. JOHN DORNEY APRIL 2S, 1991
2. A POTENTIAL NAVIGATIONAL HAZARD IS CREATED DUE TO THE PROXIMITY
OF THE RAILROAD BRIDGE TO THE PROPOSED DOCKS PLACED PERPENDICULAR TO
THE SHORELINE DIRECTLY INTO THE NARROW MAIN CHANNEL OF THE RIVER.
THIS WILL GREATLY REDUCE THE AVAILABLE SPACE FOR SAFE NAVIGATION AND
IS POTENTIALLY DANGEROUS, PARTICULARLY, DURING PERIODS OF MAXIMUM
RIVER :FLOW AND/OR MINIMUM WATER HEIGHTS WHEN THE LAKE IS LOWERED.
3. THE PLACEMENT OF A LARGE NUMBER OF DOCKS IN THE NARROWED, FAST
FLOWING MAIN CHANNEL OF THE RIVER MAKES THEM EXTREMELY SUSCEPTIBLE TO
DAMAGE DURING STORMS OR FLOODING. THEY ARE PARTICULARLY VULNERABLE
TO BATTERING BY FLOOD-BORNE DEBRIS IN THE UNPROTECTED CHANNEL. THEIR
DESTRUCTION AND SUBSEQUENT MOVEMENT DOWNSTREAM BY FLOOD WATERS HOLDS
THE FURTHER POTENTIAL FOR DAMAGE TO OTHER DOWNSTREAM FACILITIES.
IT IS FOR THE ABOVE REASONS THAT PLACING THE MARINA FACILITIES IN A
MORE PROTECTED AREA JUST OFF THE MAIN CHANNEL APPEARS TO BE THE MOST
LOGICAL SOLUTION. A LIMITED NUMBER OF DOCKS EXTENDING INTO THE RIVER
COULD BE CONSIDERED FOR SHORT-TERM "DAY" DOCKING, BUT THE CONDITIONS
DICTATE THAT THOSE SHOULD BE KEPT TO A MINIMUM.
KUDZU FIELD AS A MARINA SITE: THE KUDZU FIELD RISES TO A
TOPOGRAPHIC ELEVATION OF APPROXIMATELY 19.2' ABOVE THE 760' CONTOUR.
TO EXCAVATE THE ENTIRE FIELD WOULD REQUIRE AN EXCESSIVE AMOUNT OF
EARTHWORK TO DIG A MARINA AND WOULD LEAVE A SHORELINE ROUGHLY TWENTY
(20) FEET ABOVE THE MAXIMUM WATER LEVEL OF THE RIVER.
SINCE THE WATER LEVEL IN THE RIVER IS NORMALLY ABOUT FOUR (4) FEET
BELOW THE 760' LEVEL, THE AVERAGE HEIGHT OF THE BANES AT THE
SHORELINE OF THE MARINA WOULD BE APPROXIMATELY TWENTY-FIVE (25) FEET
ABOVE THE WATER. ACCESS TO FLOATING DOCKS WOULD REQUIRE LONG; RAMPS
OR A SERIES OF RAMPS TO ACCOMMODATE THE DIFFERENCE IN ELEVATION.
THIS WOULD NOT ONLY BE UNECONOMICAL TO BUILD, BUT IT WOULD BE
DIFFICULT TO DESIGN, HARD TO STABILIZE FOR THE LONGEVITY OF THE
FACILITY AND IMPRACTICAL FOR USE BY THE BOATING: PUBLIC.
FOR THESE REASONS, A LARGE SCALE EXCAVATION OF THE KUDZU FIELD TO
CREATE A MARINA WOULD BE HIGHLY IMPRACTICAL.
SMALLER STREAM MOUTH EXCAVATION: THE SMALLER STREAM AREA COULD BE
EXCAVATED TO ACCOMMODATE A SMALLER MARINA. UPON EXAMINATION OF THE
SITE, IT IS APPARENT THAT THIS AREA, EVEN IF ENLARGED, WILL NOT
CONTAIN ENOUGH BOAT SLIPS TO SERVE THE ANTICIPATED NEEDS OF THE
PROJECT. PLEASE REFER TO THE ATTACHED NEW MARINA DESIGN FOR THIS
AREA.
THE SUGGESTION TO EMPLOY DRY-STACK STORAGE TO INCREASE CAPACITY IS
A REASONABLE SUGGESTION, BUT LOCATING IT IN THE AREA OF THE SMALLER
STREAM MOUTH WOULD REQUIRE EXTENSIVE CLEARING, GRADING AND
DISTURBANCE OF THE SHORELINE HABITAT. WE DO NOT FEEL THAT IT IS IN
THE INTEREST OF SITE PRESERVATION TO ENLARGE THIS AREA TO MEET THE
DEMAND OF THE PROJECT NOR TO INCREASE THE GRADING REQUIRED FOR
STORAGE STRUCTURES IN THIS AREA SINCE A VIRTUALLY CLEARED, STABILIZED
CHARLES R. COLEY
P.O. BOX 307
BLOWING ROCK, NC 28605
[phone] FAX [phone]
PAGE 8
MR. JOHN DORNEY APRIL 2S, 1981
AREA ALREADY EXISTS NEARBY. THERE WILL BE A RESERVED AREA FOR DRY
STACKED STORAGE FOR FUTURE NEEDS NEAR THE LARGER MARINA AREA.
NEW MARINA DRAWINGS: ENCLOSED ARE PROPOSED MARINA CHANGES TO THE
ORIGINAL DESIGN SUBMITTED. THERE ARE TWO REVISED DRAWINGS OF THE
ORIGINAL MARINA BASIN AND ONE REVISED DRAWING OF THE SMALLER STEAM
BASIN.
THESE DESIGNS REFLECT THE CHANGES, MR. DORNEY OUTLINED IN HIS
LETTER:
* REDUCTION IN SIZE OF THE ORIGINAL MARINA BASIN.
* DEVELOPING A SMALLER MARINA IN THE SECONDARY SMALLER STREAM
TO ACCOMMODATE PART OF THE BOAT SLIP REQUIREMENTS.
* EXCAVATING PART OF' THE KUDZU FIELD TO CREATE PART OF THE
MARINA BASIN.
* ENLARGING THE MOUTH OF THE MARINA BASIN TO CREATE
ADDITIONAL MARINA FLUSHING.
* USING THE MAIN RIVER CHANNEL FOR A LIMITED PART OF THE
MARINA REQUIREMENTS.
BOTH REVISED DRAWINGS OF THE ORIGINAL MARINA, BASIN SHOW A
SIGNIFICANTLY INCREASED OPENING OF THE MOUTH OF THE MARINA INTO THE
RIVER. THIS INCREASED OPENING WILL GREATLY DECREASE ANY POSSIBLE
STAGNATION OF WATER IN THE MARINA SITE AND WILL GREATLY INCREASE FREE
FLOW AND MIXING OF MARINA AND RIVER WATER. THIS CHANGE SHOULD
EFFECTIVELY ANSWER ANY CONCERNS REGARDING POTENTIAL "STAGNATION" OF
WATER IN THE MARINA. CONVERSATIONS WITH DUKE POWER CONCERNING THE
FLOW RATES OF THE RIVER AT THE MARINA SITE INDICATE CONSTANT WATER
MOVEMENT AT HIGH FLOW RATES AND VOLUMES. THESE HIGH FLOW RATES AND
VOLUMES OF ADJACENT WATER WILL CREATE "PULLING" EFFECT ON THE WATER
IN THE MARINA, AND CAUSE DILUTION AND CHANGES OF THE WATER IN THE
MARINA.
IN ADDITION, THE PERENNIAL STREAM WHICH CARRIES CONSTANT WATER
FLOWS INTO THE BACK SIDE OF THE MARINA WILL PROVIDE ADDITIONAL
VOLUMES OF FRESH WATER TO AID FLUSHING AND DILUTION.
BOTH DRAWINGS REDUCE THE TOTAL SIZE OF THE LARGER MARINA FROM OVER
200 SLIPS TO LESS THAN 80 TO 112 SLIPS.
THE FIRST' PLAN SHOWS LEAVING THE WETLANDS UNDISTURBED AND
EXCAVATING AROUND THE WETLANDS. THIS PLAN WILL CREATE A MARINA OF 81
BOAT SLIPS.
USING THIS PLAN, WE WILL BE CREATING A POSSIBLE WATER STAGNATION
PROBLEM BECAUSE THE WETLAND AREA WILL HINDER THE FLOW OF THE WATER
THROUGH THE MARINA. MOST OF THE WATER FROM THE CREEK: HELPING TO
FLUSH THE MARINA WILL FOLLOW THE NATURAL CREEK BOUNDARY CREATED BY
THE WETLANDS. THEREFORE, THE MARINA FLUSHING WILL BE LESS EFFECTIVE
IF THE WETLANDS ARE RETAINED.
CHARLES R. COLEY
P.O. BOX 307
BLOWING ROCK, NC 28605
[phone] FAX [phone]
PAGE 4 MR. JOHN DORNEY APRIL 25, 1991
IF THE WETLANDS ARE LEFT UNDISTURBED DURING CONSTRUCTION AND AFTER
COMPLETION OF THE MARINA, THE PROPOSED MARINA EXCAVATION WILL LOWER
THE OUTER BOUNDARIES SURROUNDING THE WETLANDS. ONCE THESE BOUNDARIES
ARE LOWERED, THIS WILL PROBABLY ELIMINATE THE WATER ENTRAPMENT
CAUSING THESE WETLANDS. IF THE WATER ENTRAPMENT IS ELIMINATED, THESE
MARGINAL WETLANDS WILL PROBABLY CHANGE TO DRYLANDS BECAUSE OF NATURAL
DRAINAGE.
SINCE IT REQUIRES NO APPROVAL FROM THE CORPS OF ENGINEERS NOR
OTHER AGENCIES, WE UNDERSTAND THAT WE MAY PROCEED WITH THE
CONSTRUCTION OF THIS FIRST PLAN PROVIDED WE DO NOT DISTURB THE
WETLANDS AND WE WORK IN A PRUDENT MANNER DURING THE EXCAVATION OF THE
MARINA.
THE SECOND PLAN ELIMINATES THE WETLANDS AND PROVIDES 112 BOAT SLIPS
IN THE MARINA AND A TOTAL OF 157 SLIPS USING THE MAIN RIVER CHANNEL.
THE DOCKS IN THE MAIN CHANNEL ARE REDUCED IN NUMBER TO MINIMIZE
POSSIBLE HAZARDS TO NAVIGATION AND TO REDUCE THE POSSIBLE DAMAGE
CAUSED BY STORMS AND FLOODS.
THIS PROPOSAL WILL CREATE OPTIMUM MARINA FLUSHING BECAUSE THE
WETLAND BARRIER IS ELIMINATED AND THE MOUTH OF THE MARINA IS WIDENED.
THESE CHANGES SIGNIFICANTLY INCREASE WATER MOVEMENT WITHIN THE MARINA
AND MAXIMIZE MARINA FLUSHING.
THE THIRD PLAN CALLS FOR SLIGHTLY INCREASING THE SIZE OF THE
SMALLER STREAM MOUTH OPENING TO IT'S MAXIMUM EFFECTIVE SIZE AND TO
CREATE A SMALLER MARINA AT THIS LOCATION. THIS PLAN WILL PROVIDE AN
ADDITIONAL 34 BOAT SLIPS.
BOTH THESE PLANS CALL FOR DECREASING THE SIZE OF THE LARGER MARINA
BASIN, USING MARINA DOCKS ALONG TO RIVER BANK. IN A SAFE AND PRUDENT
MANNER, AND ELIMINA'T'ING WATER. QUALITY PROBLEMS OF STAGNATION. WE ARE
ABLE TO OBTAIN A SUFFICIENT COMBINED TOTAL NUMBER OF BOAT SLIPS FOR
THE PROJECT BY USING ALL THREE METHODS.
COMPENSATORY MITIGATION: IF MITIGATION MEASURES ARE REQUIRED TO
COMPENSATE FOR WETLANDS WHICH MAY BE DISTURBED BY THIS PROJECT, WE
WOULD PROPOSE TO INITIATE THE FOLLOWING MEASURES:
1. WHERE EXISTING WETLANDS OCCUR. THEY WILL BE LEFT INTACT
WHEREVER POSSIBLE. WHERE DISTURBANCE MUST OCCUR, LAND PLANNING AND
MARINA DESIGN WILL BE CONDUCTED IN A FASHION TO MINIMIZE ALL SUCH
DISTURBANCE.
2. AREAS WITHIN THE OVERALL SITE HAVE BEEN IDENTIFIED FOR PURPOSES
OF PROVIDING NEWLY CREATED WETLAND HABITAT FOR MITIGATION. THESE
AREAS ARE LOCATED WITHIN, OR ADJACENT TO, EXISTING DRAINAGES. WHERE
TOPOGRAPHY IS MOST APPROPRIATE IN THESE LOCATIONS, NEW WETLAND
HABITAT WILL BE CREATED BY FORMING ONE OR TWO FOOT CHECK DAMS OF
NATURAL ROCK TO CREATE WIDE, SHALLOW POOLS. THE SHORELINE AREAS OF
THESE POOLS WILL BE PLANTED WITH NATIVE WETLAND SPECIES OF FLOWERING
CHARLES R. COLEY
P.O. BOX 307
BLOWING ROCK, NC 28605
[phone] FAX [phone]
PAGE 5 MR. JOHN DORNEY APRIL 2S, 1991
SHRUBS AND GRASSES. WHERE APPROPRIATE, THE BOTTOM OF THE POOLS MAY
BE LINED WITH ORGANIC PEAT FOR PURPOSES OF REMOVING PARTICLES FROM
THE STREAM FLOWS PRIOR TO ENTERING THE RIVER. DETAILED PLANS FOR ALL
SUCH PROPOSED AREAS MAY BE PROVIDED WHEN THE ACREAGE OF COMPENSATORY
MITIGATION AREA IS DETERMINED AND A MORE ACCURATE TOPOGRAPHIC MAP IS
AVAILABLE.
COMPUTER MODEL BE RUN: THE SUGGESTION THAT A COMPUTER MODEL BE RUN
FOR THE MARINA APPEARS TO BE UNREASONABLE UNDER THE CIRCUMSTANCES,
PARTICULARLY SINCE NO SUCH MODEL HAS BEEN ESTABLISHED AS A MONITORING
MECHANISM FOR THE UPLAND AREAS. AS YOU DESCRIBED, IT TOOK THE STATE
SIX (6) MONTHS TO DEVELOP THE PROGRAM FOR THE TIDAL MODEL AND
ADDITIONAL EIGHTEEN (18) MONTHS TO APPROVE IT'S ACCURACY.
SINCE THIS IS NOT A COASTAL SITUATION; THE MARINA WILL BE DIRECTLY
CONNECTED BY A WIDE OPENING; TO A FREE FLOWING, HIGH VOLUME WATER
BODY; AND A CONSTANT FLUSHING OF FRESH WATER IS PROVIDED BY A
PERENNIAL UPSTREAM CREEK; THE REQUIREMENTS FOR THE CREATION,
CALIBRATION AND MONITORING, OF SUCH A MODEL APPEARS TO BE EXCESSIVE.
IN SUMMARY, WE HAVE DEMONSTRATED OUR WILLINGNESS TO WORK WITH AND
TO FOLLOW THE SUGGESTIONS OF EVERY DEPARTMENT AND AGENCY IN OUR
EFFORTS TO BUILD A MARINA AND RESIDENTIAL DEVELOPMENT. OUR DESIRE IS
TO CREATE A PROJECT WHICH WILL BE SUCCESSFUL, MEANINGFUL AND WILL
SIGNIFICANTLY CONTRIBUTE TO THE GROWTH AND THE QUALITY OF LIFE IN THE
TOWN OF CATAWBA. AND THE AREA. BASED UPON THESE EFFORTS AS WELL AS.
THE MINIMUM IMPACT WE WILL BE MAKING TO THE PRESENT ENVIRONMENTAL
CONDITIONS, IT IS REQUESTED THAT YOU APPROVE THE CONSTRUCTION OF THE
MARINA SITES IN THE PRIMARY BASIN USING THE PLAN WHICH ELIMINATES THE
SMALL AMOUNT OF WETLANDS AND APPROVE THE SECONDARY BASIN TO PROVIDE
FOR SUFFICIENT ADDITIONAL BOATING SLIPS FOR THE PROJECT. WE TRUST
THAT OUR WILLINGNESS IS APPARENT TO CREATE HIGH-QUALITY REPLACEMENT
WETLAND HABITAT IN MITIGATION FOR REMOVAL OF THE MARGINAL AREA AT THE
PROPOSED MARINA SITE.
FIERY TRULY YOURS,
CHARLES R. COLEY
ENCLOSURES:
COPIES: DR.
MR.
MR.
MR.
MS.
MR.
(4)
GEORGE T. EVERETT
CHARLES L. BAKER
W. STNNE ISENHOWER
STEVEN LUND
STEPHANIE GOUDREAU
ART OLDHAM
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 18, 1991
Regulatory Branch
Action ID. 199100014
Mr. Charles R. Coley
Post Office Box 307
Blowing Rock, North
Dear Mr. Coley:
Carolina 28605

-0 ?r
On June 26, 1991 you applied for Department of the Army authorization to
excavate two marina basins and construct two earthen dams on property
adjacent to the Catawba River and unnamed tributaries at Catawba, Catawba
County, North Carolina.
The plans you furnished are inadequate for our processing. Enclosed is
a sample drawing that you may use as a guide to prepare revised plans.
Plans are essentially in three parts: (1) a geographical location map, (2)
a plan (overhead) view, and (3) an elevation (side) view. The geographical
location map should show the location of your property with respect to the
surrounding road net, nearby towns, and prominent landmarks. The plan view
should indicate the position and alignment of your proposed work with
respect to property boundaries, low and high water elevation contours, areas
of wetlands, and other significant property features. The elevation view or
cross-sectional view should indicate specific details of your work. Your
plans should be drawn on one or more sheets of standard sized white paper
with dark pencil or ink.
Specifically, your plans must be revised as follows:
a. A 1-inch margin should be left at the top edge of each sheet for
purposes of reproduction and binding. A 1/2-inch margin should be left on
the three other edges.
b. A title block of each sheet should identify the proposed work and
contain the name of the body of water, river mile, if applicable, name of
the county and state, name of the applicant or agent, number of sheets in
set, and the date the plans were prepared.
C. The names and distances to nearby towns, communities, or other
identifiable locations should be indicated.

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d. The names and/or numbers of all roads in the vicinity should be
shown.
e. A graphic scale should be used and indicated for each basin plan.
f. The direction of flow in rivers should be shown.
g. The ordinary high water line (760 foot elevation contour) should be
labled and shown by a heavy line on all plan views.
h. Existing as well as proposed water depths in the project areas
should be indicated.
i. The number of cubic yards, type of material, method of handling, and
location of fill or material retention area should be indicated.
The proposed mitigation plans included with your application show the
construction of two impoundments upstream of the small marina basin. The
depth of these ponds is shown at 10 feet. This design is not in agreement
with previous discussions you have had with my staff as well as
representatives of the N.C. Wildlife Resources Commission and the N.C.
Division of Environmental Management which were to create shallow water
ponds capable of supporting emergent marsh vegetation. Please revise your
mitigation plans or explain why you have decided not to accept agency
recommendations. Before we could take final action on any permit that
included mitigation, we would need specific information on the type of
vegetation to be planted, planting densities, rootstock or seed source, bed
preparation, planting, fertilizing and monitoring schedule, and proposed
method to preserve these areas.
The revisions should be forwarded to the Asheville Regulatory Field
Office, 37 Battery Park Avenue, Room 75, Asheville, North Carolina 28801 by
August 5, 1991. If you have questions, please do not hesitate to contact
Mr. Steven Lund, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copy Furnished (without enclosure):
Mr. John Dorney
N.C. Department of Environment,
Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street
Raleigh, North Carolina 27604
©h?
a STATE
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary June 13, 1991 Director
Mr. Charles Coley
Post Office Box 307
Blowing Rock, North Carolina 28605
Dear Mr. Coley:
In response to your 25 April 1991 submittal and after careful
review of the plans at the Regional and Central office, the
Division of Environmental Management agrees that you have
sufficiently modified your marina plans to answer our dissolved
oxygen concerns. Also, since the Corps has now determined that
only one-half acre of wetlands is present rather than the three
acres noted in the public notice, our wetland-related concerns
can now be dealt with through mitigation as you discussed.
In terms of the marina plan, we could approve Plan #2 if the
docks and breakwater adjacent to the Catawba River are floating
rather than fixed and that the opening to the river is about 150
feet wide. Floating docks will allow free exchange of water to
avoid dissolved oxygen problems.
With respect to your mitigation plans, we believe that the small
ponds would be acceptable if planted with suitable species and a
sufficient length of monitoring (usually 5 years) is provided.
We will be glad to discuss this once we are agreed on the marina.
Sincerely, 4>
q 'R.2Dornevy
JRD/kls
coley.ltr/D-5
cc: George Everett
Mike Parker, MRO
Rep. W. Stine Isenhower
Steve Lund, COE
Stephanie Goudreau, WR(ZEGIONALOFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
CHARLES R. COLEY
P.O. BOX 307
BLOWING ROCK, NC 28605
[phone] FAX [phone]
15
APRIL 25, 1991
MR. JOHN DORNEY
NC DEPT. OF ENVIRONMENT, HEALTH AND NATURAL RESOUR ,.'? ?'?'??=?
A TER QVA l
t?](;
512 N. SALISBURY ST. Planning Bra
RALEIGH, NC 27611
DEAR MR. DORNEY: 6u
THE. FOLLOWING IS A RESPONSE TO YOUR LETTER DATED MARCH 21, 1991.
I AM ENCLOSING A COPY OF THE REQUESTED WET LAND SURVEY. THE
WETLANDS WERE IDENTIFIED AND MARKED BY MR. STEVE LUND, CORPS OF
ENGINEERS. THE TOTAL AMOUNT OF WETLANDS IN THE MARINA SITE IS 26,529
SQ.FT. (26,214 + 315) OR 0.609 ACRES. THESE ARE MARGINAL WETLANDS
CAUSED BY WATER ENTRAPMENT WHEN THE AREA FLOODS. BASED UPON THE
INVESTIGATION AND OBSERVATION OF THE CORPS OF ENGINEERS, THERE IS NO
WATER COMING FROM UNDER THE GROUND. THE WATER IS ENTRAPPED BY HIGHER
OUTER CREEK BANK EDGES. IF THESE EDGES WERE LOWERED OR ELIMINATED,
THE WATER WILL DRAIN NATURALLY AND THESE WETLANDS WILL DISAPPEAR.
ACCORDING TO THE SURVEY BY MR. LUND, THERE ARE NO OTHER WETLANDS ON
THE SITE EXCEPT MINIMUM AMOUNTS BORDERING THE EDGES OF THE CREEK
BANKS.
YOU REQUESTED WE ADDRESS. THE FOLLOWING PRACTICABLE ALTERNATIVES.
DOCKS INTO THE CATAWBA RIVER: DOCKS INTO THE CATAWBA RIVER ARE
PRACTICABLE AND PERMISSIBLE AT THIS LOCATION. DUKE POWER REQUIRES
THAT THE SAME RULES ARE TO APPLY HERE THAT APPLY TO DOCKS ON THE MA?N
BODY OF LAKE NORMAN. THESE REQUIREMENTS ARE AS FOLLOWS:
I. DOCKS MAY NOT EXTEND MORE THAN EIGHTY (80) FEET FROM THE
SHORELINE +.760' CONTOUR) UNLESS A WATER DEPTH OF TEN (10) FEET IS NOT
AVAILABLE AT EIGHTY FEET, THEN THE DOCKS MAY EXTEND ANOTHER FORTY
(40) FEET TO A MAXIMUM DOCK LENGTH OF ONE HUNDRED AND TWENTY (120)
FEET.
2. IN ANY CASE. DOCP'S MAY NOT EXTEND MORE THAN ONE-THIRD (1/3) T:-;E
DTSTANCE ACROSS 1'H! RIVER, SUCH DISTANCE TO 13L MEASURED TO THE
"1SLANDS" AT THE RiVER'S APPROXIMATE CENTER RATHER THAN TO THE FAR
SHORE.
WHILE IT MAY BE PRACTICAL AND PERMISSIBLE TO EXTEND DOCKS INTO THE
RIVER. IT WOULD NOT PE DESIRA-LE TO LOCATE THE ENTIRE MARINA THERE
MGR THE FOLLOWING R ASON'.
1 . EXTENDING THE DC !CF<:'= !NT!--` T•HE RIVER WILL CREATE A NARROWER AND A
:SEVERELY RESTRICTED MAIN RIVER CHANNEL WHICH iS LOCATED BETWEEN THE
CATAWBA SHORE AND THE "ISLANDS." MOST OF THE BOAT TRAFFIC IS FORCED
"; I L1SE THIS CHANNEL BEC ' U-E 1 T IS THE DEEPER L'ART OF THE RIVER. THE
WATER CiN 1'HE : APP' i`=' I TL I DE 01= THE "ISLANDS" IS VERY SHALLOW AND.
THEREF(-,RE. . , NC!T NA'! I GABLE _ F: MOST BOATS.

CHARLES R. COLEY
P.O. BOX 307
BLOWING ROCK, NC 28605
[phone] FAX [phone]
PAGE. 2 MR. JOHN DORNEY APRIL, 25. 1991
A POTENTIAL NAVIGATIONAL HAZARD IS CREATED DUE TO THE PROXIMITY
OF THE RAILROAD BRIDGE. TO THE PROPOSED DOCKS PLACED PERPENDICULAR TO
THE SHORELINE DIRECTLY INTO THE NARROW MAIN CHANNEL OF THE RIVER.
THIS WILL GREATLY REDUCE THE AVAILABLE SPACE FOR SAFE NAVIGATION AND
IS POTENTIALLY DANGEROUS, PARTICULARLY, DURING PERIODS OF MAXIMUM
RIVER FLOW AND/OR MINIMUM WATER HEIGHTS WHEN THE LAKE IS LOWERED.
3. THE PLACEMENT OF A LARGE NUMBER OF DOCKS IN THE NARROWED, FAST
FLOWING MAIN CHANNEL OF THE RIVER MAKES THEM EXTREMELY SUSCEPTIBLE TO
DAMAGE DURING STORMS OR FLOODING. THEY ARE PARTICULARLY VULNERABLE
TO BATTERING BY FLOOD-BORNE DEBRIS IN THE UNPROTECTED CHANNEL. THEIR
DESTRUCTION AND SUBSEQUENT MOVEMENT DOWNSTREAM BY FLOOD WATERS HOLDS
THE FURTHER POTENTIAL FOR DAMAGE TO OTHER DOWNSTREAM FACILITIES.
IT IS FOR THE ABOVE REASONS THAT PLACING THE MARINA FACILITIES IN A
MORE PROTECTED AREA JUST OFF THE MAIN CHANNEL APPEARS TO BE THE MOST
LOGICAL SOLUTION. A LIMITED NUMBER OF DOCKS EXTENDING INTO THE RIVER
COULD BE CONSIDERED FOR SHORT-TERM "DAY" DOCKING, BUT THE CONDITIONS
DICTATE THAT THOSE SHOULD BE KEPT TO A MINIMUM.
KUDZU FIELD AS A MARINA SITE: THE KUDZU FIELD RISES TO A
TOPOGRAPHIC ELEVATION OF APPROXIMATELY 19.2' ABOVE THE 760' CONTOUR.
TO EXCAVATE THE ENTIRE FIELD WOULD REQUIRE AN EXCESSIVE AMOUNT OF
EARTHWORK TO DIG A MARINA AND WOULD LEAVE A SHORELINE ROUGHLY TWENTY
(20) FEET ABOVE THE MAXIMUM WATER LEVEL OF THE RIVER.
.SINC:E THE WATER LEVEL IN THE RIVER. IS NORMALLY ABOUT FOUR (4) FEET
BELOW THE 760' LEVEL, THE AVERAGE HEIGHT OF THE BANKS AT THE
SHORELINE OF THE MARINA WOULD BE APPROXIMATELY TWENTY-FIVE (25) FEET
ABOVE THE WATER. ACCESS TO FLOATING DOCKS WOULD REQUIRE LONG RAMPS
OR A SERIES OF RAMPS TO ACCOMMODATE THE DIFFERENCE IN ELEVATION.
THIS WOULD NOT ONLY BE UNECONOMICAL TO BUILD, BUT IT WOULD BE
DIFFICULT TO DESIGN, HARD TO STABILIZE FOR THE LONGEVITY OF THE
FACILITY AND IMPRACTICAL FOR USE BY THE BOATING PUBLIC.
FOR THESE REASONS, A LARGE SCALE EXCAVAT!ON OF THE KUDZU FIELD TO
CREATE A MARINA WOULD BE HIG=HLY IMPRACTICAL.
SMALLE:' -_AM MUUTH I:XC:AVAT' HE SMALLER STREAM AREA COULD BE
EXCAVATE TC A;:._!'OM.^!OUA.T1 A. SMAL:__1 MAR i NP:. UPON EXAMINATION OF THE
SITE, iT iS APPARENT THAT THIS AREA, EVEN IF ENLARGED, WILL NOT
CONTAIT,N NG,_GH BOAT SLIPS TO SERVE THE ANTICIPATED NEEDS OF THE
RC J:-!' .. = __..,?.._. ..=FER . 1-i 'HE A,-TAC' E ? NEW MARINA DESIGN FOR THIS
AREA.
HE T10 EMPLOY DRY- STA ?TORAGE TO INCREASE CAPACITY I S
A EA. ;riNAB.___ ?:UGIGES . ! 0 1. BUT I : I N THE AREA OF THE SMALLER
_ REAM M, 0_`TH i.+ ULi Rr_G?i! 1 RE EXTE. .= 1 Vr: Ci.EAR I NG, GRAD I NG AND
T!_' AN _: i H.: HOREL 1 N[E HA? I TA'i WL 1?0 NOT FEEL THAT , T I S I N
PPES -.RVAT 1 N TF! E NL.4%RGE THIS AREA TO MEET THE
-MAN? CIL: R:- - E.C N04: 'Ci I :EASi l'H ' RAD I NG REQUIRED FOR
T'-) :AC.c i h: 1'H . c; ',.EA - 1 N P. \,' I ?TUALLY CLEAREL?, STABILIZED
CHARLES R. COLEY
P.O. BOX 307
BLOWING ROCK, NC 28605
[phone] FAX [phone]
PAGE 3 MR. JOHN DORNEY APRIL 25, 1991
AREA ALREADY EXISTS NEARBY. THERE WILL BE A RESERVED AREA FOR DRY
STACKED STORAGE FOR FUTURE NEEDS NEAR THE LARGER MARINA AREA.
NEW MARINA DRAWINGS: ENCLOSED ARE PROPOSED MARINA CHANGES TO THE
ORIGINAL DESIGN SUBMITTED. THERE ARE TWO REVISED DRAWINGS OF THE
ORIGINAL MARINA BASIN AND ONE REVISED DRAWING OF THE SMALLER STEAM
BASIN.
THESE DESIGNS REFLECT THE CHANGES, MR. DORNEY OUTLINED IN HIS
LETTER:
* REDUCTION IN SIZE OF THE ORIGINAL MARINA BASIN.
* DEVELOPING A SMALLER MARINA IN THE SECONDARY SMALLER STREAM
TO ACCOMMODATE PART OF THE BOAT SLIP REQUIREMENTS.
* EXCAVATING PART OF THE KUDZU FIELD TO CREATE PART OF THE
MARINA BASIN.
* ENLARGING THE MOUTH OF THE MARINA BASIN TO CREATE
ADDITIONAL MARINA, FLUSHING.
* USING THE MAIN RIVER CHANNEL FOR A LIMITED PART OF THE
MARINA REQUIREMENTS.
BOTH REVISED DRAWINGS OF THE ORIGINAL MARINA BASIN SHOW A
SIGNIFICANTLY INCREASED OPENING OF THE MOUTH OF THE MARINA INTO THE
RIVER. THIS INCREASED OPENING WILL GREATLY DECREASE ANY POSSIBLE
STAGNATION OF WATER IN THE MARINA SITE AND WILL GREATLY INCREASE FREE
FLOW AND MIXING OF MARINA AND RIVER WATER. THIS CHANGE SHOULD
EFFECTIVELY ANSWER ANY CONCERNS REGARDING POTENTIAL "STAGNATION" OF
WATER IN THE MARINA. CONVERSATIONS WITH DUKE POWER CONCERNING THE
FLOW RATES OF THE RIVER AT THE MARINA SITE INDICATE CONSTANT WATER
MOVEMENT AT HIGH FLOW RATES AND VOLUMES. THESE HIGH FLOW RATES AND
VOLUMES OF ADJACENT WATER WILL CREATE "PULLING" EFFECT ON THE WATER
IN THE MARINA ANT) CRUISE DILUTION AND CHANGES OF THE WATER IN THE
MARINA.
IN ADDITION, THE PERENNIAL STREAM WHICH CARRIES CONSTANT WATER
FLOWS INTO THE BACK. SIDE: OF THE MARINA WILL PROVIDE ADDITIONAL
V'1LUMES OF FRESH WAT.-R T O A I D FLUSH ! NG AND DILUTION.
t-ITH DRAW I r•iG_ HE . UTP.. __. F '''HI ?AF.:GER MARINA F- M
?GU SL 1 P'S TO .__S' S 'I HAN 10 11 ?,L . ? ? .
THE F i R'Sl' PLLAN '.4 . ;_AV I NG . H,'-' WET?ANDS .!ND I STURBED AND
E:tt=AVA". ' "' ^„ y? r, r)c', { _ ?^
W I CREATE A. MAF' I NA OF 31
1 iJ_T .''SC N' ?A r.
?OA.T S- l! Ps.
.JS I NG i H 1 _ I';?Ard WE W .....L D CRE A': I Ni_; A Pf 'S I BLE WATER STAGNAT I ON
A" ; ARE?. W . ?.- .. l `JD ER THE F1-_U4 CIF THE WATER
"Hk_il?Cz!1 is ti` -^ .. ..I '!!J'". i ter WA. T. -ROM T-!I (__REEF` HELPING TO
- ,_;-; !''.-?E r?., R W _ \!A ''ii'AL RELY; BC+UINDAI;Y CREATED BY
W rE7'_ANh AR :;H . N _ W I BE L.ES`S; EFFECT! VE
- ;-A E
CHARLES R. COLEY
P.O. BOX 307
BLOWING ROCK, NC 28605
[phone] FAX [phone]
PAGE 4 MR. JOHN DORNEY APRIL 25, 1991
IF THE WETLANDS ARE LEFT UNDISTURBED DURING CONSTRUCTION AND AFTER
COMPLETIOI-,i OF THE MARINA, THE PROPOSED MARINA EXCAVATION WILL LOWER
THE OU'T'ER BOUNDARIES SURROUNDING THE WETLANDS. ONCE THESE BOUNDARIES
ARE LOWERED. THIS WILL PROBABLY ELIMINATE THE WATER ENTRAPMENT
CAUSING THESE WETLANDS. IF THE WATER ENTRAPMENT IS ELIMINATED, THESE
MARGINAL WETLANDS WILL PROBABLY CHANGE TO DRYLANDS BECAUSE OF NATURAL
DRAINAGE.
SINCE IT REQUIRES NO APPROVAL FROM THE CORPS OF ENGINEERS NOR
OTHER AGENCIES, WE UNDERSTAND THAT WE MAY PROCEED WITH THE
CONSTRUCTION OF THIS FIRST PLAN PROVIDED WE DO NOT DISTURB THE
WETLANDS AND WE WORK IN A PRUDENT MANNER DURING THE EXCAVATION OF THE
MARINA.
THE SECOND PLAN ELIMINATES THE WETLANDS AND PROVIDES 112 BOAT SLIPS
IN THE MARINA AND A TOTAL OF 157 SLIPS USING THE MAIN RIVER CHANNEL.
THE DOCKS IN THE MAIN CHANNEL ARE REDUCED IN NUMBER TO MINIMIZE
POSSIBLE HAZARDS TO NAVIGATION AND TO REDUCE THE POSSIBLE DAMAGE
CAUSED BY STORMS AND FLOODS.
THIS PROPOSAL WILL CREATE OPTIMUM MARINA FLUSHING BECAUSE THE
WETLAND BARRIER IS ELIMINATED AND THE MOUTH OF THE MARINA IS WIDENED.
THESE CHANGES SIGNIFICANTLY INCREASE WATER MOVEMENT WITHIN THE MARINA
AND MAXIMIZE MARINA FLUSHING.
THE THIRD PLAN CALLS FOR SLIGHTLY INCREASING THE SIZE OF THE
SMALLER STREAM MOUTH OPENING TO IT'S MAXIMUM EFFECTIVE SIZE AND TO
CREATE A SMALLER MARINA AT THIS LOCATION. THIS PLAN WILL PROVIDE AN
ADDITIONAL 34 BOAT SLIPS.
BOTH THESE PLANS CALL FOR DECREASING THE SIZE OF THE LARGER MARINA
BASIN, USING, MARINA DOCKS ALONG TO RIVER BANK IN A SAFE AND PRUDENT
MANNER, AND ELIMINATING WATER QUALITY PROBLEMS OF STAGNATION. WE ARE
ABLE TO OBTAIN A SUFFICIENT COMBINED TOTAL NUMBER OF BOAT SLIPS FOR
THE PROJECT BY USING ALL THREE METHODS.
COMPENSATORY MIT'1GATION: IF M1TiGATI0N MEASURES ARE REQUIRED TO
CC!MPENSATE F O I R . WE,i LAN!: = WH I C'H MAY BE D I = T!JRBEL> BY TH ? S PROJECT, WE
W U L D r'ROF'0SE TC, 1 N 1. 1 A E THE i.L!='W I NG MEASURES .
1 . WHERE HE I NG WETLANI::S OC _'UF: HEY W 1 LL BE LEFT INTACT
WHEREVER P0SS --E. WHERE I STURBANC MU c T OC :UR, LAND P L A N N I NC-. AND
MAT=' I NA DES . GN W . _L ill" -FA-1 .:': A FASH IT 0'1 T'=J M I N I M 1 ZE ALL SUCH
AF'=F. w 's ' H :', ? iE VI=RA! HAVE BEEN i DENT I F I ED FOR PURPOSES
j F .. 1 , R (_ V 1 N i. w? - E Tv,F . . N! ID '-11 A . S T A ?: ri i R M I 1 THESE
t, IN - t-, Y _ ..?: .A I " E L ' 4,! . G A T . O N . A F:EA: AR 1,E CiR AI-- 'T A EN". Ti EXIST . NG DRAINAGES. WHERE
FIG,GkAP: _ AF'.'P'-! ATE . N' : ?!=S LlCAT I ONS, NEW WETLAND
i? ONE -!E; Wi=? AOT CHECK DAMS OF
A T .. ;FA . t.% . _y,4LL W L' THE SHOF'Ell I NE AREAS OF
OF PLANTS: W I TL NATIVE WETLAND SPECIES F FLOWERING
CHARLES R. COLEY
P.O. BOX 307
BLOWING ROCK, NC 28605
[phone] FAX [phone]
PAGE 5 MR. JOHN DORNEY APRIL 25, 1991
SHRUBS AND GRASSES. WHERE APPROPRIATE, THE BOTTOM OF THE POOLS MAY
BE LINED WITH ORGANIC PEAT FOR PURPOSES OF REMOVING PARTICLES FROM
THE STREAM FLOWS PRIOR TO ENTERING THE RIVER. DETAILED PLANS FOR ALL
SUCH PROPOSED AREAS MAY BE PROVIDED WHEN THE ACREAGE OF COMPENSATORY
MITIGATION AREA 1S DETERMINED AND A MORE ACCURATE TOPOGRAPHIC MAP IS
AVAILABLE.
COMPUTER MODEL BE RUN: THE SUGGESTION THAT A COMPUTER MODEL BE RUN
FOR THE MARINA APPEARS TO BE UNREASONABLE UNDER THE CIRCUMSTANCES,
PARTICULARLY SINCE NO SUCH MODEL HAS BEEN ESTABLISHED AS A MONITORING
MECHANISM FOR THE UPLAND AREAS. AS YOU DESCRIBED, IT TOOK THE STATE
SIX (6) MONTHS TO DEVELOP THE PROGRAM FOR THE TIDAL MODEL AND
ADDITIONAL EIGHTEEN (18) MONTHS TO APPROVE IT'S ACCURACY.
SINCE THIS IS NOT A COASTAL SITUATION; THE MARINA WILL BE DIRECTLY
CONNECTED BY A WIDE OPENING TO A FREE FLOWING, HIGH VOLUME WATER
BODY; AND A CONSTANT FLUSHING OF FRESH WATER IS PROVIDED BY A
PERENNIAL UPSTREAM CREEK; THE REQUIREMENTS FOR THE CREATION,
CALIBRATION AND MONITORING OF SUCH A MODEL APPEARS TO BE EXCESSIVE.
IN SUMMARY, WE HAVE DEMONSTRATED OUR WILLINGNESS TO WORK WITH AND
TO FOLLOW THE SUGGESTIONS OF EVERY DEPARTMENT AND AGENCY IN OUR
EFFORT'S TO BUILD A MARINA AND RESIDENTIAL DEVELOPMENT. OUR DESIRE IS
TO CREATE A PROJECT WHICH WILL BE SUCCESSFUL, MEANINGFUL AND WILL
SIGNIFICANTLY CONTRIBUTE TO THE GROWTH AND THE QUALITY OF LIFE IN THE
TOWN OF CATAWBA AND THE AREA. BASED UPON! THESE EFFORTS AS WELL AS
THE MINIMUM IMPACT WE WILL BE MAKING TO THE PRESENT ENVIRONMENTAL
CONDITIONS, IT IS REQUESTED THAT YOU APPROVE THE CONSTRUCTION OF THE
MARINA SITES IN THE PRIMARY BASIN USING THE PLAN WHICH ELIMINATES THE
SMALL AMOUNT OF WETLANDS AND APPROVE THE SECONDARY BASIN TO PROVIDE
FOR SUFFICIENT ADDITIONAL BOATING SLIPS FOR THE PROJECT. WE TRUST
THAT OUR WILLINGNESS IS APPARENT TO CREATE HIGH-QUALITY REPLACEMENT
WETLAND HABITAT IN MITIGATION FOR REMOVAL OF THE MARGINAL AREA AT THE
PROPOSED MARINA SITE.
?(;kY TRULY YOURS,
CHARLES R. COLEY
ENCLOSURES:
COPIE?S: DR.
M ?(4)
MR.
M .
MF;.
GE:ORGH T. EVEPE'TT
CHARLES L. BAKER
W. SITINE IS NHOWER
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t f-P - SAILS ,4,& ALLL.cvdl L- aVEt S?l?Salc_ -
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?..m. . North Carolina Department of Environment
.R Health, and Natural Resources
- _y
p 111213y
0CT 1990
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C091-N-018-0014
M
`. i<U?+Efly
s
October 11, 1990
PUBLIC NOTICE
MR. CHARLES R. COLEY, Post Office Box 1411, Blowing Rock, North Carolina,
28605 has applied for a Department of the Army (DA) permit to TEMPORARILY
DISCHARGE FILL MATERIAL INTO WETLANDS ADJACENT TO THE CATAWBA RIVER INCIDENTAL
TO THE EXCAVATION OF A PRIVATE RESIDENTIAL MARINA AT CATAWBA, CATAWBA COUNTY,
NORTH CAROLINA.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed excavation of two boat basins to serve a
proposed residential development. The larger basin would measure
approximately 500-feet long by 470-feet wide by 107feet deep and would be
created by deepening and enlarging the channel of a small, unnamed creek into
an area of forested wetlands. These wetlands are vegetated primarily with
river birch, box elder, sycamore, sweet gum and green ash. All excavated
material is to be retained on adjacent uplands, however during clearing and
excavation of the site an unknown quantity of material would be temporarily
discharged into wetlands. Excavation would be .accomplished by backhoe and
dragline loading material into dump trucks for transport to the disposal
areas. A total of approximately 2.5 acres of wetlands would be excavated. A
second, smaller basin is planned for a site approxmimately 2500 feet
downstream of.the first. There would be no discharge of excavated material
into any waters or wetlands at the second basin site. 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
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA 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
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
V
-2=
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 DA 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 DA 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
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.

-3-
The DEM plans to take final action in the issuance of the Clean Water Act
certification on or after November 3, 1990.
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 October 29, 1990, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Steven Lund, until 4:15 p.m.,
November 10, 1990, or telephone [phone].
PCT 05 90 16 01 COE-ASHEVILL y P.5/9
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CHARLES R. COLEY
P.O. BOX 307
BLOWING ROCK, NC 28605
[phone] FAX [phone]
APRIL 25, 1991
MR. JOHN DORNEY
NC DEPT. OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
512 N. SALISBURY ST.
RALEIGH, NC 27611
DEAR MR. DORNEY:
THE FOLLOWING IS A RESPONSE TO YOUR LETTER DATED MARCH 21, 1991.
5-'
I AM ENCLOSING A COPY OF THE REQUESTED WET LAND SURVEY. THE
WETLANDS WERE IDENTIFIED AND MARKED BY MR. STEVE LUND, CORPS OF
ENGINEERS. THE TOTAL AMOUNT OF WETLANDS IN THE MARINA SITE IS 26,529
SQ.FT. (26,214 + 315) U 60 ACRE51 THESE ARE MARGINAL WETLANDS
CAUSED BY WATER ENTRAPMENT WHEN THE AREA FLOODS. BASED UPON THE
INVESTIGATION AND OBSERVATION OF THE CORPS OF ENGINEERS, THERE IS NO
WATER COMING FROM UNDER THE GROUND. THE WATER IS ENTRAPPED BY HIGHER
OUTER CREEK BANK EDGES. IF THESE EDGES WERE LOWERED OR ELIMINATED,
THE WATER WILL DRAIN NATURALLY AND- -THES-E-W S DIISAPPSKa
ACCORDING T_0 THE U Y MR. LU1VU, THERE ARE NO OTHER WETLANDS -ON
THE SITE EXCEPT MINIMUM AMOUNTS BORDERING HE-=GE?8 OF THE CREEK
BANKS.
YOU REQUESTED WE ADDRESS THE FOLLOWING PRACTICABLE ALTERNATIVES.
DOCKS INTO THE CATAWBA RIVER: DOCKS INTO THE CATAWBA RIVER ARE
PRACTICABLE AND PERMISSIBLE AT THIS LOCATION. DUKE POWER REQUIRES
THAT THE SAME RULES ARE TO APPLY HERE THAT APPLY TO DOCKS ON THE MAIN
BODY OF LAKE NORMAN.. THESE REQUIREMENTS ARE AS FOLLOWS:
1. DOCKS MAY NOT EXTEND MORE THAN EIGHTY (80) FEET FROM THE
SHORELINE (760' CONTOUR) UNLESS A WATER DEPTH OF TEN (10) FEET IS NOT
AVAILABLE AT EIGHTY FEET, THEN THE DOCKS MAY EXTEND ANOTHER FORTY
(40) FEET TO A MAXIMUM DOCK LENGTH OF ONE HUNDRED AND TWENTY (120)
FEET.
2. IN ANY CASE,-DOCKS MAY NOT EXTEND MORE THAN ONE-THIRD (1/3) THE
DISTANCE ACROSS THE RIVER, SUCH DISTANCE TO BE MEASURED TO THE
"ISLANDS" AT THE RIVER'S APPROXIMATE CENTER RATHER THAN TO THE FAR
SHORE.
WHILE IT MAY BE PRACTICAL AND PERMISSIBLE TO EXTEND DOCKS INTO THE
RIVER, IT WOULD NOT BE DESIRABLE TO LOCATE THE ENTIRE MARINA THERE
FOR THE FOLLOWING REASONS:
1. EXTENDING THE DOCKS INTO THE RIVER WILL CREATE A NARROWER AND A
SEVERELY RESTRICTED MAIN RIVER CHANNEL WHICH IS LOCATED BETWEEN THE
CATAWBA SHORE AND THE "ISLANDS." MOST OF THE BOAT TRAFFIC IS FORCED
TO USE THIS CHANNEL BECAUSE IT IS THE DEEPER PART OF THE RIVER. THE
WATER ON THE OPPOSITE SIDE OF THE "ISLANDS" IS VERY SHALLOW AND,
THEREFORE, IS NOT NAVIGABLE FOR MOST BOATS.
CHARLES R. COLEY
P.O. BOX 307
BLOWING ROCK, NC 28605
[phone] FAX [phone]
PAGE 2 MR. JOHN DORNEY APRIL 25, 1991
2. A POTENTIAL NAVIGATIONAL HAZARD IS CREATED DUE TO THE PROXIMITY
OF THE RAILROAD BRIDGE TO THE PROPOSED DOCKS PLACED PERPENDICULAR TO
THE SHORELINE DIRECTLY INTO THE NARROW MAIN CHANNEL OF THE RIVER.
THIS WILL GREATLY REDUCE THE AVAILABLE SPACE FOR SAFE NAVIGATION AND
IS POTENTIALLY DANGEROUS, PARTICULARLY, DURING PERIODS OF MAXIMUM
RIVER FLOW AND/OR MINIMUM WATER HEIGHTS WHEN THE LAKE IS LOWERED.
3. THE PLACEMENT OF A LARGE NUMBER OF DOCKS IN THE NARROWED, FAST
FLOWING MAIN CHANNEL OF THE RIVER MAKES THEM EXTREMELY SUSCEPTIBLE TO
DAMAGE DURING STORMS OR FLOODING. THEY ARE PARTICULARLY VULNERABLE
TO BATTERING BY FLOOD-BORNE DEBRIS IN THE UNPROTECTED CHANNEL. THEIR
DESTRUCTION AND SUBSEQUENT MOVEMENT DOWNSTREAM BY FLOOD WATERS HOLDS
THE FURTHER POTENTIAL FOR DAMAGE TO OTHER DOWNSTREAM FACILITIES.
IT IS FOR THE ABOVE REASONS THAT PLACING THE MARINA FACILITIES IN A
MORE PROTECTED AREA JUST OFF THE MAIN CHANNEL APPEARS TO BE THE MOST
LOGICAL SOLUTION. A LIMITED NUMBER OF DOCKS EXTENDING INTO THE RIVER
COULD BE CONSIDERED FOR SHORT-TERM "DAY" DOCKING, BUT THE CONDITIONS
DICTATE THAT THOSE SHOULD BE KEPT TO A MINIMUM.
KUDZU FIELD AS A MARINA SITE: THE KUDZU FIELD RISES TO A
TOPOGRAPHIC ELEVATION OF APPROXIMATELY 19.2' ABOVE THE 760' CONTOUR.
TO EXCAVATE THE ENTIRE FIELD WOULD REQUIRE AN EXCESSIVE AMOUNT OF
EARTHWORK TO DIG A MARINA AND WOULD LEAVE A SHORELINE ROUGHLY TWENTY
(20) FEET ABOVE THE MAXIMUM WATER LEVEL OF THE RIVER.
SINCE THE WATER LEVEL IN THE RIVER IS NORMALLY ABOUT FOUR (4) FEET
BELOW THE 760' LEVEL, THE AVERAGE HEIGHT OF THE BANKS AT THE
SHORELINE OF THE MARINA WOULD BE APPROXIMATELY TWENTY-FIVE (25) FEET
ABOVE THE WATER. ACCESS TO FLOATING DOCKS WOULD REQUIRE LONG RAMPS
OR A SERIES OF RAMPS TO ACCOMMODATE THE DIFFERENCE IN ELEVATION.
THIS WOULD NOT ONLY BE UNECONOMICAL TO BUILD, BUT IT WOULD BE
DIFFICULT TO DESIGN, HARD TO STABILIZE FOR THE LONGEVITY OF THE
FACILITY AND IMPRACTICAL FOR USE BY THE BOATING PUBLIC.
FOR THESE REASONS, A LARGE SCALE EXCAVATION OF THE KUDZU FIELD TO
CREATE A MARINA WOULD BE HIGHLY IMPRACTICAL.
SMALLER STREAM MOUTH EXCAVATION: THE SMALLER STREAM AREA COULD BE
EXCAVATED TO ACCOMMODATE A SMALLER MARINA. UPON EXAMINATION OF THE
SITE, IT IS APPARENT THAT THIS AREA, EVEN IF ENLARGED, WILL NOT
CONTAIN g OUGH BOAT SLIPS TO SERVE THE ANTICIPATED NEEDS OF THE
PROJECT. PLEASE REFER TO THE ATTACHED NEW MARINA DESIGN FOR THIS
AREA.
THE SUGGESTION TO EMPLOY DRY-STACK STORAGE TO INCREASE CAPACITY IS
A REASONABLE SUGGESTION. BUT LOCATING IT IN THE AREA OF THE SMALLER
STREAM MOUTH WOULD REQUIRE EXTENSIVE CLEARING, GRADING AND
DISTURBANCE OF THE SHORELINE HABITAT. WE DO NOT FEEL THAT IT IS IN
THE INTEREST OF SITE PRESERVATION TO ENLARGE THIS AREA TO MEET THE
DEMAND OF THE PROJECT NOR TO INCREASE THE GRADING REQUIRED FOR
STORAGE STRUCTURES IN THIS AREA SINCE A VIRTUALLY CLEARED, STABILIZED
CHARLES R. COLEY
P.O. BOX 307
BLOWING ROCK, NC 28605
[phone] FAX [phone]
PAGE 3
MR. JOHN DORNEY APRIL 25, 1991
AREA ALREADY EXISTS NEARBY. THERE WILL BE A RESERVED AREA FOR DRY
STACKED STORAGE FOR FUTURE NEEDS NEAR THE LARGER MARINA AREA.
NEW MARINA DRAWINGS: ENCLOSED ARE PROPOSED MARINA CHANGES TO THE
ORIGINAL DESIGN SUBMITTED. THERE ARE TWO REVISED DRAWINGS OF THE
ORIGINAL MARINA BASIN AND ONE REVISED DRAWING OF THE SMALLER ST4?AI'9
BASIN.
THESE DESIGNS REFLECT THE CHANGES, MR. DORNEY OUTLINED IN HIS
LETTER:
REDUCTION IN SIZE OF THE ORIGINAL MARINA BASIN.
DEVELOPING A SMALLER MARINA IN THE SECONDARY SMALLER STREAM
TO ACCOMMODATE PART OF THE BOAT SLIP REQUIREMENTS.
* EXCAVATING PART OF THE KUDZU FIELD TO CREATE PART OF THE
MARINA BASIN.
ENLARGING THE MOUTH OF THE MARINA BASIN TO CREATE
ADDITIONAL MARINA. FLUSHING.
* USING THE MAIN RIVER CHANNEL FOR A LIMITED PART OF THE
MARINA REQUIREMENTS. -,_
BOTH REVISED DRAWINGS OF THE ORIGINAL MARINA BASIN SHOW A
SIGNIFICANTLY INCREASED OPENING OF THE MOUTH OF THE MARINA INTO THE
RIVER. THIS INCREASED OPENING WILL GREATLY DECREASE ANY POSSIBLE
STAGNATION OF WATER IN THE MARINA SITE AND WILL GREATLY INCREASE FREE
FLOW AND MIXING OF MARINA AND RIVER WATER. THIS CHANGE SHOULD
EFFECTIVELY ANSWER ANY CONCERNS REGARDING POTENTIAL "STAGNATION" OF
WATER IN THE MARINA. CONVERSATIONS WITH DUKE POWER CONCERNING THE
FLOW RATES OF THE RIVER AT THE MARINA SITE INDICATE CONSTANT WATER
MOVEMENT AT HIGH FLOW RATES AND VOLUMES. THESE HIGH FLOW RATES AND
VOLUMES OF ADJACENT WATER WILL CREATE "PULLING" EFFECT ON THE WATER
IN THE MARINA AND CAUSE DILUTION AND CHANGES OF THE WATER IN THE
MARINA.
IN ADDITION, THE PERENNIAL STREAM WHICH CARRIES CONSTANT WATER
FLOWS INTO THE BACK SIDE OF THE MARINA WILL PROVIDE ADDITIONAL
VOLUMES OF FRESH WATER TO AID FLUSHING AND DILUTION.
BOTH DRAWINGS REDUCE THE TOTAL SIZE OF THE LARGER MARINA FROM OVER
200 SLIPS TO LESS THAN 80 TO 112 SLIPS.
THE FIRST' PLAN SHOWS LEAVING THE WETLANDS UNDISTURBED AND
EXCAVATING AROUND THE WETLANDS. THIS PLAN WILL CREATE A MARINA OF 81
BOAT SLIPS.
USING THIS PLAN, WE WILL BE CREATING A POSSIBLE WATER STAGNATION
PROBLEM BECAUSE THE WETLAND AREA WILL HINDER THE FLOW OF THE WATER
THROUGH THE MARINA. MOST OF THE WATER FROM THE CREEK HELPING TO
FLUSH THE MARINA WILL FOLLOW THE NATURAL CREEK BOUNDARY CREATED BY
THE WETLANDS. THEREFORE, THE MARINA FLUSHING WILL BE LESS EFFECTIVE
IF THE WETLANDS ARE RETAINED.
CHARLES R. COLEY
P.O. BOX 307
BLOWING ROCK, NC 28605
[phone] FAX [phone]
PAGE 4 MR. JOHN DORNEY APRIL 25, 1991
IF THE WETLANDS ARE LEFT UNDISTURBED DURING CONSTRUCTION AND AFTER
COMPLETION OF THE MARINA, THE PROPOSED MARINA EXCAVATION WILL LOWER
THE OUTER BOUNDARIES SURROUNDING THE WETLANDS. ONCE THESE BOUNDARIES
ARE LOWERED, THIS WILL PROBABLY ELIMINATE THE WATER ENTRAPMENT
CAUSING THESE WETLANDS. IF THE WATER ENTRAPMENT IS ELIMINATED, THESE
MARGINAL WETLANDS WILL PROBABLY CHANGE TO DRYLANDS BECAUSE OF NATURAL
DRAINAGE.
SINCE IT REQUIRES NO APPROVAL FROM THE CORPS OF ENGINEERS NOR
OTHER AGENCIES, WE UNDERSTAND THAT WE MAY PROCEED WITH THE
CONSTRUCTION OF THIS FIRST PLAN PROVIDED WE DO NOT DISTURB THE
WETLANDS AND WE WORK IN A PRUDENT MANNER DURING THE EXCAVATION OF THE
MARINA.
THE SECOND PLAN ELIMINATES THE WETLANDS AND PROVIDES 112 BOAT SLIPS
IN THE MARINA AND A TOTAL OF 157 SLIPS USING THE MAIN RIVER CHANNEL.
THE DOCKS IN THE MAIN CHANNEL ARE REDUCED IN NUMBER TO MINIMIZE
POSSIBLE HAZARDS TO NAVIGATION AND TO REDUCE THE POSSIBLE DAMAGE
CAUSED BY STORMS AND FLOODS.
THIS PROPOSAL WILL CREATE OPTIMUM MARINA FLUSHING BECAUSE THE
WETLAND BARRIER IS ELIMINATED AND THE MOUTH OF THE MARINA IS WIDENED.
THESE CHANGES SIGNIFICANTLY INCREASE WATER MOVEMENT WITHIN THE MARINA
AND MAXIMIZE MARINA FLUSHING.
THE THIRD PLAN CALLS FOR SLIGHTLY INCREASING THE SIZE OF THE
SMALLER STREAM MOUTH OPENING TO IT'S MAXIMUM EFFECTIVE SIZE AND TO
CREATE A SMALLER MARINA AT THIS LOCATION. THIS PLAN WILL PROVIDE AN
ADDITIONAL 34 BOAT SLIPS.
BOTH THESE PLANS CALL FOR DECREASING THE SIZE OF THE LARGER MARINA
BASIN, USING MARINA DOCKS ALONG TO RIVER BANK IN A SAFE AND PRUDENT
MANNER, AND ELIMINATING WATER QUALITY PROBLEMS OF STAGNATION. WE ARE
ABLE TO OBTAIN A SUFFICIENT COMBINED TOTAL NUMBER OF BOAT SLIPS FOR
THE PROJECT BY USING ALL THREE METHODS.
COMPENSATORY MITIGATION: IF MITIGATION MEASURES ARE REQUIRED TO
COMPENSATE FOR WETLANDS WHICH MAY BE DISTURBED BY THIS PROJECT, WE
WOULD PROPOSE TO INITIATE THE FOLLOWING MEASURES:
1. WHERE EXISTING WETLANDS OCCUR, THEY WILL BE LEFT INTACT
WHEREVER POSSIBLE. WHERE DISTURBANCE MUST OCCUR, LAND PLANNING AND
MARINA DESIGN WILL BE CONDUCTED IN A FASHION TO MINIMIZE ALL SUCH
DISTURBANCE.
2. AREAS WITHIN THE OVERALL SITE HAVE BEEN IDENTIFIED FOR PURPOSES
OF PROVIDING NEWLY CREATED WETLAND HABITAT FOR MITIGATION. THESE
AREAS ARE LOCATED WITHIN, OR ADJACENT TO, EXISTING DRAINAGES. WHERE
TOPOGRAPHY IS MOST APPROPRIATE IN THESE LOCATIONS, NEW WETLAND
HABITAT WILL BE CREATED BY FORMING ONE OR TWO FOOT CHECK DAMS OF
NATURAL ROCK TO CREATE WIDE, SHALLOW POOLS. THE SHORELINE AREAS OF
THESE POOLS WILL BE PLANTED WITH NATIVE WETLAND SPECIES OF FLOWERING
CHARLES R. COLEY
P.O. BOX 307
BLOWING ROCK, NC 28605
[phone] FAX [phone]
PAGE 5 MR. JOHN DORNEY APRIL 25, 1991
SHRUBS AND GRASSES. WHERE APPROPRIATE, THE BOTTOM OF THE POOLS MAY
BE LINED WITH ORGANIC PEAT FOR PURPOSES OF REMOVING PARTICLES FROM
THE STREAM FLOWS PRIOR TO ENTERING THE RIVER. DETAILED PLANS FOR ALL
SUCH PROPOSED AREAS MAY BE PROVIDED WHEN THE ACREAGE OF COMPENSATORY
MITIGATION AREA IS DETERMINED AND A MORE ACCURATE TOPOGRAPHIC MAP IS
AVAILABLE.
COMPUTER MODEL BE RUN: THE SUGGESTION THAT A COMPUTER MODEL BE RUN
FOR THE MARINA APPEARS TO BE UNREASONABLE UNDER THE CIRCUMSTANCES,
PARTICULARLY SINCE NO SUCH MODEL HAS BEEN ESTABLISHED AS A MONITORING
MECHANISM FOR THE UPLAND AREAS. AS YOU DESCRIBED, IT TOOK THE STATE
SIX (6) MONTHS TO DEVELOP THE PROGRAM FOR THE TIDAL MODEL AND
ADDITIONAL EIGHTEEN (18) MONTHS TO APPROVE IT'S ACCURACY.
SINCE THIS IS NOT A COASTAL SITUATION; THE MARINA WILL BE DIRECTLY
CONNECTED BY A WIDE OPENING TO A FREE FLOWING, HIGH VOLUME WATER
BODY; AND A CONSTANT FLUSHING OF FRESH WATER IS PROVIDED BY A
PERENNIAL UPSTREAM CREEK; THE REQUIREMENTS FOR THE CREATION,
CALIBRATION AND MONITORING OF SUCH A MODEL APPEARS TO BE EXCESSIVE.
\
IN SUMMARY, WE HAVE DEMONSTRATED OUR WILLINGNESS TO WORK WITH AND
TO FOLLOW THE SUGGESTIONS OF EVERY DEPARTMENT AND AGENCY IN OUR
EFFORTS TO BUILD A MARINA AND RESIDENTIAL DEVELOPMENT. OUR DESIRE IS
TO CREATE A PROJECT WHICH WILL BE SUCCESSFUL, MEANINGFUL AND WILL
SIGNIFICANTLY CONTRIBUTE TO THE GROWTH AND THE QUALITY OF LIFE IN THE
TOWN OF CATAWBA AND THE AREA. BASED UPON THESE EFFORTS AS WELL AS.
THE MINIMUM IMPACT WE WILL BE MAKING TO THE PRESENT ENVIRONMENTAL
CONDITIONS, IT IS REQUESTED THAT YOU APPROVE THE CONSTRUCTION OF THE
MARINA SITES IN THE PRIMARY BASIN USING THE PLAN WHICH ELIMINATES THE
SMALL AMOUNT OF WETLANDS AND APPROVE THE SECONDARY BASIN TO PROVIDE
FOR SUFFICIENT ADDITIONAL BOATING SLIPS FOR THE PROJECT. WE TRUST
THAT OUR WILLINGNESS IS APPARENT TO CREATE HIGH-QUALITY REPLACEMENT
WETLAND HABITAT IN MITIGATION FOR REMOVAL OF THE MARGINAL AREA AT THE
PROPOSED MARINA SITE.
VERY TRULY YOURS,
CHARLES R. COLEY
ENCLOSURES: (4)
COPIES: DR.
MR.
MR.
MR.
MS.
MR.
GEORGE T. EVERETT
CHARLES L. BAKER
W. STNNE ISENHOWER
STEVEN LUND
STEPHANIE GOUDREAU
ART OLDHAM
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[phone] FAX [phone]
April Z7,1991 VAY ?6 I?t?i1
DIV. O E,,,.,1111.... _; ..
Dr. George T. Everett
Director
Dept. of Environmontal, Hoalth, and Natural Resmurces
512 North Salisbury St.
Raleigh, N. C. 27611
Reference: Mr. John Dorney's letter dated March 21, 1601
Dear Dr. Everett:
We have been developing our pans for building a marina in Catawba,
N. C. on the Catawba River. We have had many meetings with the U.S.
Army Corps of Engineers and the N. G. Wildlife Commission in
developing these plans. We have incorporated their ideas into this
plan and !gave received their heap and assistance in developing the
ii f tin, to mf,,Pt t R Pnyl rnwrn tri 1 firi wi i U 11. rp~ i; iq[a r : [ RiH
upon these meetings, we werc succeasfu! in eve oping p.anc w io:
were acceptable to these Depa:tmenLS and Agcneies. These eff0•rta
have taken over 16 moriths and many meeting=.
On January 31, 1991, you wrote me a ;otter denying the approval of
the 401 application. Based upon that etter, we met with Mr. Dorney
and others at the site to review the marina design and the
application. Based upon that meeting on February n, i991, Mr.
Dorney responded with his letter dated March 21, 1991.
We have prepared a response to his letter but would like a meeting
with-you and the other key people to present our response and to
discuss it in detail. As a result of this meeting, we hope we can
resolve the matter and achieve a satisfactory solution for all
parties,
1 would appreciate your arranging this meeting as soon as possible
so we can proceed with our planning dnd development effcrts.
Thank you for your assistance, 1 will look forward to meeting you
in Raleigh.
Very truly y u,
ccharles a. Cols
cc: Mr.
Mr.
Ms.
Mr.
Mr.
Mr.
John Dorney
Steve Lund
Stephanie Goudreau
Charles L. Baker
W. Stine lsenhowe:
Art Oldham

CDLEY & ASSOCIATES
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April 27, 1991
CHARLES R. COLEY
P.O. BOX 307
BLOWING ROCK, NC 28605
[phone] FAX [phone]
4
1,4 4
Dr. George T. Everett
Director
r'r
Dept. of Environmental, Health, and Natural Resource Lv?
512 North Salisbury St. 1 ?0
Raleigh, N. C. 27611
Reference: Mr. John Dorney's letter dated March 21,
Dear Dr. Everett:
f !J;

We have been developing our plans for building a marina in Catawba,
N. C. on the Catawba River. We have had many meetings with the U.S.
Army Corps of Engineers and the N. C. Wildlife Commission in
developing these plans. We have incorporated their ideas into this
plan and have received their help and assistance in developing the
plans to meet the environmental and wildlife requirements. Based
upon these meetings, we were successful in developing plans which
were acceptable to these Departments and Agencies. These efforts
have taken over 18 months and many meetings.
On January 31, 1991, you wrote me a letter denying the approval of
the 401 application. Based upon that letter, we met with Mr. Dorney
and others at the site to review the marina design and the
application. Based upon that meeting on February 25, 1991, Mr.
Dorney responded with his letter dated March 21, 1991.
We have prepared a response to his letter but would like a meeting
with you and the other key people to present our response and to
discuss it in detail. As a result of this meeting, we hope we can
resolve the matter and achieve a satisfactory solution for all
parties.
I would appreciate your arranging this meeting as soon as possible
so we can proceed with our planning and development efforts.
Thank you for your assistance. I will look forward to meeting you
in Raleigh.
Very truly y ul
4r-arles R. CoIE
cc: Mr.
Mr.
Ms.
Mr.
Mr.
Mr.
John Dorney
Steve Lund
Stephanie Goudreau
Charles L. Baker
W. Stine Isenhower
Art Oldham
MEMO
DATE:
TO:
SUBJECT:
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N Uf:E'"I Of E 1?'!'IRONI?'1 EN7 ti E_A L f l1
AND N-,k TURAI_ RESOURCES
P.O. Box 27687
`-- Ralcigh, N.C. 27611
TEUCOPY TO:
Water Quality Section
FAX: [phone]
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G.w.d°0
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary March 21, 1991 Director
Mr.'Charles Coley
Post Office Box 1411
Blowing Rock, North Carolina 28605
-Dear Mr. Coley:
As. discussed during our site visit on February 26, 1991,
we have prepared the following questions we need to have
addressed with regard to your application for 401.Cert fication.
Steve Lund -(Corps of Engineers.). And Stephanie Goudreau; (Wildlife
Resources Commission)— have reviewed a draft of this: letter and: I;
have incorporated their comments As.we-discussed-, there are.
three basic issues 1) wetland"delineations,.2);practicable
alternatives and 3) mitigation.
As Ron Ferrell stated, we will need a delineated, cert fied
wetland' map of -all `wetlands on tl%e, site. This will enable-you:.
and`all`agencies involved to"dete-imine how many acres of wetlands
are'involved,.' Without this map;.."we'will have to. assume that all
low"lying areas are wetlands. This might result in exaggerating
the extent" of your wetland impact. These maps are a normal part
of all wetland fill applications which we review.
With respect to practicable alternatives, please address the
following. You will note that we do not question the need for a
marina for your development. Our questions are addressed at
alternatives to meet that need.
1) Whether docks into the Catawba River are practicable.
If there is a Duke Power-related navigation restriction,
please document it.
2) Whether the Kudzu field adjacent to the wetland could
economically be excavated to create a marina, and
3) Whether the smaller stream mouth could be excavated and
enlarged to provide a smaller marina in conjunction with
dry stack storage to meet the marina need. This
location apparently does not contain any significant
amount of wetlands which would greatly reduce (if not
Poffu&m hevadhm Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
A. ['-.__1 ?_ -_ --` ---ems •m_..-. .? • .. ..
Charles Coley
March 21, 1991
Page Two
eliminate) your eventual mitigation costs. At the
present time, we believe that this alternative is quite
feasible and probably cheaper than excavating the
wetland and would have less environmental impact.
- This would probably require an individual permit.
-With respect to compensatory mitigation, please comment on
the following:
1) We will need a detailed plan (e.g., height of
dams,, number and size of trees..to be planted, monitoring for,.,
wetland creation success, etc.) for your idea of creating
wetlands in the small stream valleys. We remain skeptical of the
w plan-to excavate large amounts of soil from the stream beds and
terraces. This would be very expensive;-disrupt fairly
undisturbed natural communities, result in long-term erosion-and
slumping problems and instream sedimentation. We suggest con:sid-
ering,. one ;foot tall dams across the terraces and taller` dams-in
the..stream channels would cost less, have less environmental dam-
age and be more likely to succeed.:.
2) ,. If . the small stream-: mouth . (with .,its .peninsula) is not a
practicable'.?alternative for`your-marina; it could be'excavated-to
river,.level,(appx. 760 feet)to. create/ restore. a wetland. hf''
this optxo,n_:.is possible, we will need a detailed mitigation, plan
similar' to that outlined above..; The MIST manual which I: gave--you
should be a-. valuable reference:
:_Offsite mitigation is less preferred because it does not
duplicate-the: lost uses-of the._wetland-in-Town Creek. However;.:
purchase and-restoration of degraded:wetlands (e.g.,'' pasture)
nearby and.along the Catawba River or-Lyles Creek could be
suitable mitigation. Longterm monitoring would be necessary.
This would be more likely to succeed than either of the two
options above simply because topography would not have to be
altered. It may be cheaper for the same reason.
I would suggest that you address the practicable alternative
question first. The wetland delineation could be done
concurrently with that answer. If the option of a smaller marina
in the mouth of the small creek is practicable, then most of the
mitigation discussion is moot since there are few wetlands in the
smaller creek. I would recommend that you delay work on the
mitigation issue until the delineation and alternative questions
are satisfactorily answered.
We also have water quality concerns related to the marina
itself (of whatever size). If not properly designed to ensure
adequate flushing the water quality standards may be violated for
dissolved oxygen and coliform bacteria. We often require coastal
marinas to run a dissolved oxygen model to ensure that water

Charles Coley
March 21, 1991
Page Three
quality standards will not be violated. The flow in the Catawba
River and upstream creeks should be sufficient to ensure adequate
flushing if the marina mouth is open to the river for most of its
length. This can easily be accommodated at the smaller site by
removal of the peninsula. A computer model would not be needed
with this approach. However, the wetland (larger) site would have
a restricted entrance which could result in stagnant water and
water quality standards violations. A computer model documenting
that water quality standards would be protected would have to be
run for this option. Please address marina design in this con-
text along with your alternatives discussion.
I hope these items clarify our concerns. Please call me at
919-733-5083 if you would like to discuss these matters.
Sincerely,
c?\ Jam'' '
Jo n R. Dorney
Steve Lund, COE
Stephanie Goudreau, WRC
Steve Tedder
Mike Parker
"° R 199P
MARCH 19, 1991
6,0
MR. JOHN R. DORNEY
WATER QUALITY PLANNER
N.C. DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
P. 0. BOX 27667
RALEIGH, N.C. 27611
DEAR JOHN:
LAST WEEK, MR. STEVE LUND AND I MET IN CATAWBA AND HE FLAGGED THE
WETLANDS AT THE MARINA SITE. WE FOUND THAT WE HAD FAR LESS WETLANDS
THAN ESTIMATED IN THE ORIGINAL SITE PLAN. BASED UPON OUR VISUAL
ESTIMATES, WE BELIEVE THE TOTAL WETLANDS AREA INVOLVED IN THE MARINA
SITE WILL BE APPROXIMATELY ONE (1) ACRE OR LESS. I AM HAVING THE
ENTIRE MARINA AREA SURVEYED NEXT WEEK AND WILL BE ABLE TO SUBMIT THE
SURVEY TO YOU WITHIN 10 DAYS OR SO.
THE SECOND IMPORTANT CONSIDERATION WE OBSERVED WAS THAT THESE
WETLANDS ARE MARGINAL AREAS CAUSED BY FLOODING AND WATER ENTRAPMENT
RATHER THAN WATER COMING UP FROM UNDER THE GROUND. THESE WETLANDS ARE
NOT CONSTANTLY WET BECAUSE FLOODING OCCURS INFREQUENTLY. THESE
WETLAND AREAS ARE LOWER THAN THE PARAMETER CREEK BANKS. WHEN THE
AREA IS FLOODED THE WATER ACCUMULATES IN THE LOW AREAS AND CAN NOT
FLOW BACK INTO THE CREEK WHEN IT SUBSIDES. THE WATER CAN ONLY ESCAPE
BY DRAINING INTO THE SOIL OR THRU EVAPORATION. IF WE CREATE PROPER
DRAINAGE BY LOWERING THE HIGHER BANKS, WHICH ARE NOT IN THE WETLAND
AREAS BUT WHICH CAUSE THE WATER ENTRAPMENT, THESE WETLAND AREAS WILL
COMPLETELY DRY UP AND DISAPPEAR ON A NATURAL BASIS.
BECAUSE OF THE MINIMUM SIZE AND BECAUSE OF THE QUALITY OF THE
WETLANDS, I BELIEVE OUR PROPOSAL WILL GREATLY IMPROVE THE QUALITY OF
WATER AND WILDLIFE FOR THE WHOLE AREA.
WHEN WE LAST TALKED YOU HAD NOT RECEIVED MY CORRESPONDENCE AND WERE
PREPARING YOUR LETTER TO ME OUTLINING YOUR QUESTIONS. I WILL BE
LOOKING FORWARD TO RECEIVING THAT LETTER SO WE CAN PROCEED.
LOOKING FORWARD TO HEARING FROM YOU.
VER TRULY YOURS,
CHARLES R. COLEY
P.O. BOX 307 BLOWING ROCK, N. C. 28605 704-295-3556
MEMO
TO:
IL ?2 / L? 1/? /

DATE:
SUBJECT:

u's
9-V
AA_
0A From: 1??
d?
North Carolina Department of Environment,
Health, and Natural Resources g? printed on Recycled Paper
'? .? ?
Draft
March 19, 1991
Mr. Charles Coley
Post Office Box 1411
Blowing Rock, North Carolina 28605
Dear Mr. Coley:
As we discussed during our site visit on February 26, 1991,
we have prepared the following questions we need to have
addressed with regard to your application for 401 Certification.
Steve Lund (Corps of Engineers) and Stephanie Goudreau (Wildlife
Resources Commission) have reviewed a draft of this letter and I
have incorporated their comments. As we discussed, there are
three basic issues l) wetland delineations, 2) practicable
alternatives and 3) mitigation.
As Ron Ferrell stated, we will need a delineated, certified
wetland map of all wetlands on the site. This will enable you
and all agencies involved to determine how many acres of wetlands
are involved. Without this map, we will have to assume that all
low lying areas are wetlands. This might result in exaggerating
the extent of your wetland impact. These maps are a normal part
of all wetland fill applications which we review..
With respect to practicable alternatives, please address the
following. You will note that we do not question the need for a
marina for your development. Our questions are addressed at
alternatives to meet that need.
1) Whether docks into the Catawba River are practicable.
If there is a Duke Power-related navigation restriction,
please document it.
2) Whether the Kudzu field adjacent to the wetland could
economically be excavated to create a marina, and
3) Whether the smaller stream mouth could be excavated and
enlarged to provide a smaller marina in conjunction with
dry stack storage to meet the marina need. This
location apparently does not contain any significant
amount of wetlands which would greatly reduce (if not

Charles Coley
March 5, 1991
Page Two
eliminate) your eventual mitigation costs. At the
present time, we believe that this alternative is quite
feasible and probably cheaper than excavating the
wetland and would have less environmental impact.
This would probably require an individual permit.
With respect to compensatory mitigation, please comment on
the following:
1) We will need a detailed plan (e.g., height of
dams, number and size of trees to be planted, monitoring for
wetland creation success, etc.) for your idea of creating
wetlands in the small stream valleys. We remain skeptical of the
plan to excavate large amounts of soil from the stream beds and
terraces. This would be very expensive, disrupt fairly
undisturbed natural communities, result in long-term erosion and
slumping problems and instream sedimentation. We suggest consid-
ering one foot tall dams across the terraces and taller dams in
the stream channels would cost less, have less environmental dam-
age and be more likely to succeed.
2) If the small stream mouth (with its peninsula) is not a
practicable alternative for your marina, it could be excavated to
river level (appx. 760 feet) to create/restore a wetland. If
this option is possible, we will need a detailed mitigation plan
similar to that outlined above. The MIST manual which I gave you
should be a valuable reference.
3) Offsite mitigation is less preferred because it does not
duplicate the lost uses of the wetland in Town Creek. However,
purchase and restoration of degraded wetlands (e.g., pasture)
nearby and along the Catawba River or Lyles Creek could be
suitable mitigation. Longterm monitoring would be necessary.
This would be more likely to succeed than either of the two
options above simply because topography would not have to be
altered. It may be cheaper for the same reason.'
I would suggest that you address the practicable alternative
question first. The wetland delineation could be done
concurrently with that answer. If the option of a smaller marina.
in the mouth of the small creek is practicable, then most of the
mitigation discussion is moot since there are few wetlands in the
smaller creek. I would recommend that you delay work on the
mitigation issue until the delineation and alternative questions
are satisfactorily answered.
We also have water quality concerns related to the marina
itself (of whatever size). If not properly designed to ensure
adequate flushing the water quality standards may be violated for
dissolved oxygen and coliform bacteria. We often require coastal
marinas to run a dissolved oxygen model to ensure that water

Charles Coley
March 5, 1991
Page Three
quality standards will not be violated. The flow in the Catawba
River and upstream creeks should be sufficient to ensure adequate
flushing if the marina mouth is open to the river for most of its
length. This can easily be accommodated at the smaller site by
removal of the peninsula. A computer model would not be needed
with this approach. However, the wetland (larger) site would have
a restricted entrance which could result in stagnant water and
water quality standards violations. A computer model documenting
that water quality standards would be protected would have to be
run for this option. Please address marina design in this con-
text along with your alternatives discussion.
I hope these items clarify our concerns. Please call me at
919-733-5083 if you would like to discuss these matters.
Sincerely,
John R. Dorney
Wetlands and Technical Review
JRD/kls
CharlesC.ltr/401
cc: Rep. Isenhower
Steve Lund, COE
Stephanie Goudreau, WRC
Steve Tedder
Mike Parker
y

1? /gypp
Q ?°Y•d g
cl%j
March 1, 1991
Mr. John R. Dorney
N. C. Dept. of Natural Resources and Community Development
P. 0. Box 27687
Raleigh, N. C. 27611
Dear John:
I appreciate your meeting with us in Catawba earlier this week.
As a result of our meeting, I am enclosing copies of correspondence
with the U. S. Army Corp of Engineers. I hope this correspondence
will answer some of the questions previously addressed.
Next week, Steve Lund and I will be meeting to mark off and
establish the exact boundaries of the wet lands as you requested. I
will calculate the exact acreage of the wet lands to be disturbed. If
you need a survey of the boundary, I will•have a survey of the wet
land areas prepared to submit to you.
As soon as you have the opportunity to review the enclosed
information, I would appreciate your letting me know of any
additional information requirements so I can immediately respond.
Looking forward to hearing from you.
la:i_
Charles R. Coley
P. 0. Box 307 Blowing Rock. N. C. 28605 704-295-3556

DECEMBER ', 1990
MEMORANDUM
NORTH CAROLINA WILDLIFE RESOURCES COMMISSION'S MEMORANDUM DATED NOV.
2. 1990 TO US ARMY CORPS OF ENGINEERS.
MR. FRED HARRIS, CHIEF
DIVISION OF BOATING AND INLAND FISHERIES
NORTH CAROLINA WILDLIFE RESOURCES COMMISSION
512 N. SALISBURY ST.
RALEIGH, NC 27604-1188
SUBJECT: RESPONSE TO MR. HARRIS OPPOSITION TO BUILDING MARINA IN
WETLANDS.
MR. HARRIS RECOMMENDS THAT THE REQUESTED EXCAVATION PERMIT TO BUILD
A MARINA NOT BE ISSUED. IF ISSUED, HE RECOMMENDS SEVERAL MEASURES BE
IMPOSED TO BE INCLUDED TO MINIMIZE THE ADVERSE IMPACTS ON THE
WETLANDS AND STEAMS. WE REQUEST THAT MR. HARRIS'S RECOMMENDATION
SHOULD BE ABETTED AND THE MITIGATION PLAN TO COMPENSATE FOR WET LAND
LOSSES SHOULD BE ELIMINATED.
THE REASONS FOR OUR POSITION WILL BE FULLY EXPLAINED IN THE
FOLLOWING REPLY.
THE TOWN OF CATAWBA'S PLANNED GROWTH:
THE TOWN OF CATAWBA IS ACTIVELY WORKING TO REVITALIZE THE
COMMUNITY AND RECLAIM SOME OF ITS HISTORY AND LOST GROWTH. THE
TOWN IS SOLVING THE PROBLEMS HINDERING ITS GROWTH WITH A PLANNED
APPROACH. I WOULD LIKE TO DESCRIBE IN DETAIL SOME OF THEIR
EFFORTS AND SOME OF THE REASONS THEY HAVE CHOSEN THESE
APPROACHES.
TOWN'S HISTORY:
THE TOWN OF CATAWBA IS ONE OF THE OLDEST COMMUNITIES IN CATAWBA
COUNTY. IN 1858, THE CATAWBA STATION WAS BUILT ALONG THE NEWLY
CREATED WESTERN NORTH CAROLINA RAILROAD. THE TOWN WAS
SUBSEQUENTLY NAMED "CATAWBA STATION." IN AUGUST, 1860, THE CHIEF
ENGINEER REPORTED TO THE WNC-RR, "THE CATAWBA RIVER BRIDGE HAS
BEEN COMPLETED, NOTWITHSTANDING THE MANY PREJUDICAL REPORTS TO
THE CONTRARY, AND I CHALLENGE A COMPARISON WITH ANY OTHER BRIDGE
IN THE UNION, OF SIMILAR CONSTRUCTION, EITHER FOR STABILITY,
WORKMANSHIP, ARCHITECTURAL SKILL, OR SYMMETRICAL PROPORTION."
FROM THAT BEGINNING, THE TOWN FLOURISHED AND GREW, THEN BECAME
THE MERCHANTILE CENTER OF EASTERN CATAWBA COUNTY. IN THE BOOK, A
HISTORY OF CATAWBA COUNTY, SEVERAL SIGNIFICANT STATEMENTS
DESCRIBE THAT EARLY HISTORY OF THE TOWN. "NO ONE CITY HAS HELD
ITS LEADERSHIP POSITION IN CATAWBA COUNTY. FOR INSTANCE, CATAWBA

PAGE 2 MEMO. WILD LIFE 11-7-90
ONCE WAS THE METROPOLIS OF THE COUNTY, DUE TO ITS FOCAL POINT ON
THE RAIL LINE." "THE BRANSON'S NORTH CAROLINA BUSINESS DIRECTORY
FOR 1869 LISTS NINE (9) OF OF THE COUNTY'S FIFTEEN (15)
PHYSICIANS WITH CATAWBA STATION ADDRESSES." "THE NEWTON
ENTERPRISE REPORTED IN 1888 "CATAWBA HAS AWAKEN FROM HER LONG
SLEEP, WIPED HER EYES AND GONE TO WORK. SHE IS ON A BOOM."
THE RAILROAD AND THE CATAWBA RIVER HAVE ALWAYS BEEN LINKED TO THE
SIGNIFICANTS OF CATAWBA. FROM THE MID-1800'S UNTIL THE LATE
1920'S, THE RAILROAD WAS THE DOMINANT FACTOR IN TRANSPORTATION
AND THE GROWTH OF THE AREA. SINCE THAT TIME, CATAWBA LOST THAT
MOMENTUM AND HAS FAILED TO REACH IT'S POTENTIAL WHILE OTHER AREAS
IN THE COUNTY HAVE HAD FANTASTIC GROWTH AND VIBRANCE.
2. REVITALIZATION OF DOWNTOWN CATAWBA
THE TOWN OF CATAWBA HAS ESTABLISHED A HISTORIC DISTRICT. MANY OF
THE GREAT HISTORIC TREASURES OF THE TOWN HAVE BEEN LOST AND
DESTROYED. THE PURPOSE OF ESTABLISHING THE HISTORIC
DISTRICT WAS TO SAVE THOSE PRESENT BUILDINGS AND TO REBUILD THE
TOWN IN A QUALITY IMAGE EQUAL TO ITS GREAT HERITAGE. RESULTS OF
THESE EFFORTS CAN BE SEEN TODAY. ABANDON STORE BUILDINGS ALONG
MAIN STREET HAVE REOPENED. THE CATAWBA DRUG COMPANY ESTABLISHED
IN 1915 HAS BEEN REOPENED SUPPLYING THE PHARMACY AND SOCIAL
NEEDS OF THE TOWN. THE GENERAL STORE HAS BEEN REOPENED AS AN
ANTIQUE SHOP. THE ABANDONED "LITTLE" HOUSE HAS BEEN TURNED INTO
A TOWN MUSEUM. THE TOWN NEEDS MORE SIMILAR GROWTH TO HAPPEN BUT
IT WANTS QUALITY REVITALIZATION. PLANS ARE BEING DEVELOPED TO
CONTINUE THIS GROWTH BASED UPON THE STRONG HISTORY OF CATAWBA AND
OF CATAWBA COUNTY.
3. INDUSTRIAL GROWTH
ONE OF THE MAJOR PROBLEMS LIMITING INDUSTRIAL GROWTH IN CATAWBA
HAS BEEN THE LACK OF ADEQUATE WATER SUPPLY TO MEET THE INDUSTRIAL
NEEDS. THE TOWN RECOGNIZED THAT PROBLEM AND DURING THE PAST 12
MONTHS HAS WORKED WITH THE TOWN OF NEWTON AND THE COUNTY TO
INSTALLED A 12" WATER LINE TO SUPPLY ALL FUTURE WATER NEEDS FOR
INDUSTRIAL AND RESIDENTIAL GROWTH. THIS ELIMINATED A MAJOR
RESTRICTION ON THE TOWN'S GROWTH.
THE TOWN ALSO WORKED WITH SEVERAL OF ITS CITIZENS, DEVELOPED AND
ZONED A LARGE AREA ON THE NORTHWEST QUADRANT OF THE TOWN AS A
INDUSTRIAL PARK. THIS AREA HAS AMPLE WATER AND SEWER
AVAILABILITY AND THE DESIRED TERRAIN NEEDED TO ATTRACT NEW
INDUSTRIES WHEN THEY BECOME AVAILABLE.
4. RESIDENTIAL GROWTH
ANOTHER MAJOR FAC'T'OR LIMITING CATAWBA'S GROWTH WAS THE LACK OF
QUALITY RESIDENTIAL AND RECREATIONAL AREAS IN THE TOWN. "WHAT'S
THERE TO DO IN CATAWBA?" HAS BEEN AN UNANSWERED QUESTION LIMITING
ti

PAGE 3 MEMO WILD LIFE 11-7-90
THE TOWN'S PRECONCEIVED VALUE AND GROWTH. THE TOWN IS CLOSE TO
THE CATAWBA RIVER AND LAKE NORMAN BUT WAS NOT ON IT NOR HAD
DIRECT ACCESS TO THE RIVER.
FOR A NUMBER OF YEARS, CHARLES R. COLEY HAS OWNED A FARM IN
CATAWBA WHICH HE HAD PLANNED TO DEVELOP. THIS PROPERTY IS
LOCATED ON THE SOUTH WESTERN PORTION OF THE TOWN ADJOINING
CENTRAL AVENUE, THE CATAWBA RIVER AND THE DRUMSTEAD DEVELOPMENT.
THE PROPERTY HAD BEEN ZONED M1 FOR MANUFACTURING. SINCE
ACQUIRING THE PROPERTY THE DRUMSTEAD DEVELOPMENT WAS BUILT AND
BECAME THE BEST RESIDENTIAL AREA IN THE COMMUNITY. BECAUSE OF
THIS LOCATION AND THE NEED FOR A LARGER RESIDENTIAL AND
RECREATIONAL AREA, THE TOWN REZONED A LARGE PORTION OF MR.
COLEY'S PROPERTY R1, IT'S HIGHEST RESIDENTIAL CLASSIFICATION, AND
THE BALANCE OF THE PROPERTY ALONG THE RIVER TO RR, WHICH PROVIDES
FOR RESORT & RECREATIONAL USE. THIS IS THE ONLY PROPERTY IN THE
TOWN OF CATAWBA WHICH PROVIDES LAKE ACCESS.
4. DEVELOPMENT PLANS
TO CREATE THE NECESSARY IMPACT WHICH WILL ATTRACT THE DESIRED
IN-MIGRATION AND GROWTH FOR CATAWBA; THREE IMPORTANT DEVELOPMENT
CONSIDERATIONS HAD TO BEEN INCLUDED:
1. RECREATIONAL (BOATING, PARKS, GOLFING, WATER ACTIVITIES AND
AREAS)
2. HISTORICAL (THE TYPE OF DEVELOPMENT AND STYLE)
3. THE LAND (LOCATION, TERRAIN, POSSIBLE DENSITY, ETC.)
MOST PEOPLE WHO LIVE NEAR A LAKE WANT TO LIVE ON THE WATER BUT
THIS IS IMPOSSIBLE BECAUSE OF THE SMALL AMOUNTS OF WATER FRONT
PROPERTY WHICH IS AVAILABLE. TO MEET THOSE NEEDS, A PLACE NEAR
ONE'S HOME TO KEEP ONE'S BOAT AND TO GET TO THE WATER IS
NEEDED. THIS NEED WAS SATISFIED BY PLANNING FOR A MARINA FOR
THOSE OWNERS.
THE NATURAL TERRAIN PROVIDED THE IDEAL LOCATION FOR A MARINA. IT
IS IDEALLY SHAPED, HAS A CREEK FLOWING THRU IT TO PROVIDE THE
NECESSARY WATER CLEARING, AND IS THE APPROPRIATE SIZE FOR THIS
TYPE OF DEVELOPMENT.
THE PROPOSED MARINA SITE WAS HIGH AND DRY FARMLAND UNTIL THE LAKE
WAS FORMED IN THE 1950'S. IT WAS NOT A NATURAL WET LANDS AREA.
AS INDICATED ON THE DUKE POWER SURVEY MAP, THIS AREA WAS TO BE
UNDER WATER AFTER THE FLOODING OCCURRED (SEE ATTACHED DUKE POWER
SURVEY). SINCE THAT TIME, SEDIMENT HAS FILLED THE AREA AND
CREATED A MARGINAL WET LANDS AREA. BASED UPON THE TERRAIN AND
THE AMOUNT OF SEDIMENTATION WHICH HAS ALREADY OCCURRED, WE WOULD
ANTICIPATE THAT THROUGH CONTINUATION OF NATURAL EROSION AND
SEDIMENTATION THAT THIS MARGINAL WET LANDS WILL BECOME HIGH AND
DRY FARM LAND IN THE NEAR FUTURE. WE PROPOSE TAKING IT BACK TO
THE ORIGINAL PLAN VERSUS THE PRESENT PLAN CAUSED BY SEDIMENTATION
ti

PAGE 4 MEMO WILD LIFE 11-7-80
FROM UP STREAM POLLUTION SINCE THE LAKE WAS FORMED.
DUE TO THE LOCATION AND SHAPE OF THE AREA, THIS PROVIDES AN IDEAL
PROTECTED HARBOR FOR BOATS WHEN WINDS AND FLOODING OCCURS.
THE LOCATION IS CLOSE TO THE RAILROAD BRIDGE (A HISTORIC LANDMARK
FOR CATAWBA). THE EASTERN SIDE OF THE PROPOSED MARINA IS MUCH
HIGHER THAN THE WESTERN SIDE WHERE HOUSING WILL BE DEVELOPED.
THE EASTERN SIDE IS PRESENTLY OWNED BY NORFOLK AND SOUTHERN CORP.
THIS SIDE JOINS THE MAIN RAILROAD LINE AND THE RAILROAD BRIDGE.
NEGOTIATIONS ARE IN PROGRESS TO ACQUIRE AND DEVELOP THIS SIDE OF
THE PROPOSED MARINA TO CREATE A COMMERCIAL, MUSEUM, COMMUNITY
PARK, PUBLIC MARINA AND WATER ACCESS AREAS; RECREATIONAL AND
HISTORICAL SITE AREAS.
EMPLOYMENT OPPORTUNITIES
BY BUILDING THE MARINA, THE RESIDENTIAL AND COMMERCIAL AREAS, IT
IS ESTIMATED THAT APPROXIMATELY 200 JOBS WILL BE CREATED DURING
THE CONSTRUCTION PHASE OF THE PROJECT WHICH WILL TAKE 5 TO 7
YEARS. ONCE CONSTRUCTION IS COMPLETED, IT IS ANTICIPATED
APPROXIMATELY 75 PERMANENT JOBS WILL BE CREATED.
TO SUMMARIZE: THE MARINA SITE IS IDEALLY SITUATED FOR A QUALITY
RESIDENTIAL DEVELOPMENT AND MARINA. IT FULLY CAPITALIZES ON THE
NATURAL TERRAIN OF THE PROPERTY. IT WILL PROVIDE THE NEEDED
INCENTIVE FOR THAT NEW PROSPECT TO CONSIDER CATAWBA AS A PLACE TO
BUILD THEIR DREAM HOME. IT WILL BE A SIGNIFICANT ANSWER TO THE
QUESTION "WHAT'S THERE TO DO IN CATAWBA?' IT WILL PROVIDE A
COMMERCIAL, HISTORIC AND RECREATIONAL AREA FOR THE TOWN. IT WILL
PROVIDE PUBLIC ACCESS TO THE RIVER. IT WILL CREATE SIGNIFICANT
EMPLOYMENT OPPORTUNITIES FOR THE TOWN AND THE COUNTY. IT IS THE
RIGHT LOCATION AND THE RIGHT PRODUCT TO ALLOW THE TOWN TO
GROW MEETING THE QUALITY IMAGE PLAN DESIRED BY THE COMMUNITY.
IT WILL BE IN TUNE WITH THE TIMES WITH THE RIGHT PRODUCT AT THE
RIGHT PLACE. WE ARE NOT DESTROYING A NATURAL WET LANDS AREA. WE
ARE RECLAIMING THE OPEN WATER AREA WHICH WAS ORIGINALLY FORMED BY
LAKE NORMAN BEFORE UP-STEAM SEDIMENTATION AND POLLUTION FILLED
THE AREA.
BUILDING THE MARINA IN THE CATAWBA RIVER
ONE OF THE SUGGESTIONS THAT MR. HARRIS MADE WAS TO LOCATE THE
MARINA IN THE CATAWBA RIVER RATHER THAN THE PROPOSED LOCATION.
THERE ARE SEVERAL MAJOR PROBLEMS LOCATING THE MARINA IN THE
RIVER. THE RIVER IS NARROW AND SHALLOW AT THIS LOCATION. A
MARINA OF THIS SIZE WILL BE A HINDRANCE AND GREATLY RESTRICT
MOVEMENT AND WOULD BE A DANGER TO NAVIGATION. THE LOCATION IS
NEAR THE RAILROAD BRIDGE WHICH WOULD ALSO CONTRIBUTE TO THE

PAGE S MEMO WILD LIFE 11-7-90
DANGER OF NAVIGATION.
THE PROPOSED LOCATION WILL NOT INTERFERE WITH NAVIGATION AND WILL
NOT RESTRICT THE RIVER CHANNEL.
BUILDING THE MARINA IN ANOTHER LOCATION ON THE PROPERTY.
OTHER LOCATIONS WERE CONSIDERED AS POSSIBLE SITES FOR THE MARINA
ON THE PROPERTY. NO OTHER LOCATION WAS FOUND WHICH WOULD BE
FEASIBLE NOR WOULD PROVIDE THE COMMERCIAL, RECREATIONAL AND
HISTORICAL BENEFIT TO THE TOWN.
IF THE PROPOSED SITE IS DISAPPROVED TO DEVELOP A MARINA, THE
MARINA CONCEPT WILL BE ABANDONED BECAUSE THERE IS NO OTHER
LOCATION AVAILABLE WHICH IS FEASIBLE TO USE TO BUILD A MARINA.
THE RESULTS OF THIS ABANDONMENT WILL BE A GREATLY REDUCED DEMAND
FOR THE RESIDENTIAL PROPERTY, AN IMPORTANT HISTORIC AND
COMMERCIAL SITE LOST TO THE TOWN FOR IT'S QUALITY GROWTH, AND
PUBLIC WATER ACCESS WILL BE LOST FOR THE TOWN'S PARKS AND
RECREATIONAL ACTIVITIES; AND LOST OF EMPLOYMENT OPPORTUNITIES.
ABANDONMENT OF THE MARINA WILL GREATLY JEOPARDIZE THE SUCCESS OF
THE RESIDENTIAL AND COMMERCIAL DEVELOPMENT OF THE AREA. ONE OF
THE MOST IMPORTANT DUTIES OF A TOWN IS TO PROVIDE SERVICES TO THE
CITIZENS. IN ORDER TO PROVIDE THESE SERVICES, FUNDS MUST BE
GENERATED FROM TAXES. WITHOUT GROWTH CREATED FROM THE
RESIDENTIAL AND COMMERCIAL SUCCESS OF THIS PROJECT, THE TAX BASE
OF THE COUNTY AND THE TOWN WILL BE SEVERELY HURT, THEREFORE, THE
SERVICES MUST BE MET BY OTHER FUNDING OR ELIMINATED.
A MITIGATION PLAN TO COMPENSATE FOR WETLAND LOSSES
THERE IS NO OTHER PROPERTY AVAILABLE ON THE SITE WHICH IS
FEASIBLE TO PROVIDE FOR ADDITIONAL WET LANDS. WE ARE NOT TAKING
FROM NATURAL WET LAND AREAS BUT ARE PROVIDING MORE WATER AREA FOR
THE LAKE AS WAS ORIGINALLY DESIGNED AND PLANNED (SEE ATTACHED
DUKE POWER SURVEY).
ONE OF THE PRIMARY REASONS FOR THE WET LAND LAWS BEING
ESTABLISHED WAS TO PREVENT PROPERTY OWNERS FROM DESTROYING THE
WETLANDS BY FILLING IN THESE AREAS WITH DIRT TO RECLAIM THE LAND
OR DRAINING THE AREA. IN OUR CASE, WE ARE NOT RECLAIMING THE
LAND BUT ARE EXPANDING THE WATER BASE. THIS WILL PROVIDE LARGER
AREA AND A CONSTANT WATER SUPPLY FOR FISH, WATERFOWL AND OTHER
WILDLIFE VERSUS ONLY PERIODICALLY FLOODING.
OTHER MEASURES DESCRIBED BY MR. HARRIS
THESE MEASURES ARE REALISTIC: AND WILL BE INCLUDED. THESE
MEASURES ARE FULLY DESCRIBED IN HIS LETTER. THEY INCLUDE THE
FOLLOWING:

PAGE 6
MEMO WILD LIFE
11-7-90
1. WORK WILL BE PROHIBITED DURING APRIL AND MAY.
2. EROSION AND SEDIMENTATION CONTROLS WILL BE DESIGNED TO
ADEQUATELY AND SAFELY PASS THE 10-YEAR 1-DAY DESIGN STORM.
3. TEMPORARY GROUND COVER WILL BE PLACED ON THE SPOIL AREAS
AND OTHER BARE SURFACES AS SOON AS CONSTRUCTION IS
COMPLETE. PERMANENT VEGETATION IN THESE SAME AREAS WILL BE
PROVIDED.
WE AGREE THAT PROPER SEDIMENTATION CONTROLS ARE ESSENTIAL TO THE
WELL BEING OF THE LAKE AND THE WILDLIFE. WE WILL INSIST THAT
THESE CONTROLS BE INSTALLED TO PROTECT THE LAKE AND WILDLIFE
DURING THE CONSTRUCTION PHASE. THIS IS IN EVERYONE'S BEST
INTEREST.
SUMMARY
THE PROPOSED MARINA PROJECT IS VERY IMPORTANT TO THE TOWN OF
CATAWBA. IT WILL PROVIDE MANY BENEFITS TO THE TOWN IN WAY OF BEAUTY;
GROWTH POTENTIAL FOR COMMERCIAL AND RESIDENTIAL GROWTH; EMPLOYMENT
OPPORTUNITIES; RECREATIONAL AREAS WITH WATER ACCESS AND PARKS FOR ITS
PEOPLE; AND ALLOW ALL THE FOLKS TO CAPTURE SOME OF THE HISTORIC
SIGNIFICANTS OF THE RAILROAD AND THE RAILROAD BRIDGE.
BY BUILDING THE MARINA, WE WILL BE RECLAIMING AND EXPANDING THE
LAKE AREA AS WAS ORIGINALLY PLANNED. THIS WILL BENEFIT THE LAKE AND
THE WILDLIFE. BY PROVIDING PROPER SEDIMENT CONTROLS DURING
CONSTRUCTION, WE WILL REDUCE ANY NEGATIVE IMPACT UPON THE WILDLIFE.
THIS APPEARS TO BE A WIN/WIN TYPE PROJECT FOR EVERYONE--THE
STATE--THE TOWN--THE WILDLIFE COMMISSION--THE DEVELOPER--AND THE
CITIZENS LIVING IN AND VISITING THE AREA.

JANUARY 3, 1991
MR. STEVEN LUND
ASHEVILLE REGULATORY FIELD OFFICE
37 BATTERY PARK AVENUE
ROOM 75
ASHEV I LLE, N. C. 28801
DEAR STEVE:
ENJOYED 'TALKING WITH YOU YESTERDAY ABOUT ULIH PI..ANNED MEETING IN
CATAWBA TODAY WITH MIS, FIRED HARRIS AND O'I'lil`ffirl C[INCERN 1 NG THE
OBJECTION TO DISTURBING THE WETLANDS BY THE N,0, WILDLIFE COMMISSION.
WE MET IN CATAWBA AND HAD A VERY Iit1("C.FiSt?l 1,11 Mt) TI NG. BASED UPON
THE MEETING AND THR ACTUAL, RRV l H.W tilt` TIIE M411111110.1) S I Tl , MR. HARRIS
AGREED TO DROP THEIR 00J EC:T I ON 'lo '1110: C UNHT1i11t "'T 1 TIN OF THE MARINA. HE
WILL BE OUTLINING 1111;,00 CHANGUH AND i f!QU I RVMkN'1'Ii TO YOU.
I AM ENCLOSING MY FORMA14 RESPONSE TO YOUR hl-'; TT FR R CONCERNING THE
OBJECTION TO THE CONSTRUCTION OF THE MARINA. 1 PREPARED THIS
RESPONSE PRIOR TO TODAY'S MEETING WITH MR. HARRIS. I REVIEWED THIS
RESPONSE WITH MR. HARRIS AT THE MEETING.
AS WE DISCUSSED YES'T'ERDAY, THE TOWN OF C:ATAWMA? THE CATAWBA COUNTY
COMMISSIONERS, THE CATAWBA COUNTY INDUSTRIAL DEVELOPMENT CORPORATION
AND THE CATAWBA COUNTY CHAMBER OF COMMERCE WILL. BE SUBMITTING LETTERS
TO YOU SUPPORTING THE DEVELOPMENT OF THE PROJECT. IF YOU DO NOT
RECEIVE THESE LETTERS IN THE NEAR FUTURE, I WOULD APPRECIATE YOUR
LETTING ME KNOW SO I CAN FOLLOW UP WITH THESE GOVERNMENTAL
ORGANIZATIONS.
I WILL BE LOOKING FORWARD TO HEARING FRt:1M YOU AFTER YOU HEAR FROM
MR. HARRIS AND HAVE AN OPPORTUNITY TO REVIriW MY RESPONSE.
SINCERELY YOURS,
CHARLES R. COLEY
1111 N(3 T':U =K. N.?.W_#,41.:_. .. _7(?4-295-355G
P. 0. BOX 307,
10 ,

l ti
l?
1?.

? On
North Carolina ?X ildlif.-e Resources Commis _'
512 N. Salisbury Strut, halal h, North Cnrolinn 276 044168, 919.733.3391
Charles R. ullwood. Rxecutivt, 1:N1e0or
MEMORANDUM
To: G. Wayne Wright, Chief
Regulatory Branch, U.S. Army Corps of Engineers
FROM: Fred Barris, Chief
Division of Boating and Inland Fisheries
DATE: January 10, 1991
SUBJECT: Second response to propoael by Mr. Charles R.
Coley to excavate a private residential marina in
unnamed tributary of Catawba River, Catawba
County, Public Notice CESAW-0091-N-018-0014.
eaa boat c basin to
Mr. Charles Coley proposes to excavate
serve a proposed residential development
Catawba in an unnamed tributary of the Catawba River. The
basin would be dreated by deepening and enlarging the
channel of the excabevremovedating off
forested wetlands.
site.
Staff of the North Carolina Wildlife Resources
Commission„(NCWRC) met with Mr. Coley on February 3, 1991 at
the Catawba Town Hall to discuss altarnatives to excavating
in wetlands. We agreed that placing navheat rmina
anontthe
Catawba River would be a hazard
excavation in nonwetlands is not economically practical.
Therefore, the NCWRC is withdrawing our objectof this ion voiced in
the memo of November 2, 1990 to t
provided-that the following measures be included within the
project to minimize adverse impacts to wetlands and streams:
1) A mitigation plan to compensate for wetland losses
must be developed and presented to the NCWRC for
review. Mitigation,should be based upon no net loss of
in-kind value. The NCWRC is willing to work with Mr.
The
Coley in the development fiy?t,i?,tephanie Goudreau
Mountain Region Habitat Biologist
(704-738-3910).

2) Work will be prohibited during April and May to
avoid impacting egg and fry stages of fish.
3) Erosion and sedimentation controls around spoil
areas must be designed to adequately and safely pass
the 10-year 1-day design storm (6 1/2 inches of rain in
24 hours),
4) Temporary ground cover must be placed on spoil areas
and other bare surfaces as soon as construction is
complete. Permanent vegetation in thane same areas
must be established within 16 days of project
completion to provide long term arouton control.
These comments are provided in acuordancse with the
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 amendedl 16 U.S.C. st seq.). Thank you for the
opportunity to review and comment on this project. If we
can provide further assistance, please call on us.
cc: Mr. Steven Lund, USACOE, Asheville
Ms. Stephanie Goudreau, Mountain Rogion Habitat
Biologist''
Mr. Chris Goudreau, District 8 Fisheries Biologist
Mr. Jack Mason; District 8 Wildlife Biologist
Mr. Allen Boynton, Regional Nongame Biologist
.

04
?l ?
Memo Page 2 January 10, 1991
'l 'ea 1 V A/ 01 C," I 'l 111'/111
P. 0. Box 10 111iutua 704 241-2215
CATAWBA, N. C. 20609
TOWN COUNCIL
Mayor
JOHN H. EL.MORE, JR.
Commissioners
C, BENNETT GILBERT
J. BRAD MOSER
VANCE L. READLING
JOSEPH C. SIGMON
December 12, lrltil)
Clerk-Treasurer
DOLLY K. POPE
Town Administrator
MICHAEL E. GRANDSTAFF
Attorney
THOMAS W. WARLICK
Mr. Steven I. ind
Department of ri'ho Army
Wilmington District" Clorpn
Post office Box 1090
Wilmington, North Carolina
cat= ElluIIlo01,11
Mp?Cial?lEl?()
Subject; U. S. Army Corps of Engineers HiblAc Notice and North
Carolina Wildlife Co?I minnioi) Memorandum, concerning Mr.
Charles 14. Coley proposed Mal: Ina/14uereational/Residential
Development.
Dear Mr. Lund:
We understand that Mr. Charles it. [..Cloy has applied for a
Department of the Army (DA) permit to 1'EMPUM11LY I? SC'HARGE FIT-T,
i
MATE BIAL-- 'rL._ WL,"r .L11NU-AIJ? ACLINT.. TCI._.,`t:lllr..CNI'AWBA-IUVE$, INCIDENTAL,
TQ_TI1 .. aC'AV_AT1UH..__QF A___VIII911'14.. LilIiLIT1'IAL MAUNA AT CATAWBA.
S:ATAWLA._.SU.ltNT-Y,,...,.I I ULiT11....5:'ALtU L 114 A
It is also our underAstandinq that 1:11a North Carolina Wildlife
Commission isatled amemoraandnm objectl.nej to the construction of The
Marina, be cattfit 1:t L' the deLlt:imot:fum of t.ho wet landa.
our 'Town Board anti t"l,amill )g t)ppart molit', have been trying to
encouraue Mr:. i_ o I oy 1 a DoVo 1 ctttll en t'. p1 r11i11 Whtii iwor and wherever they
can have a pomit.tvo eotint:wift` Illitraot. fi_il; Cllr potential growth and
posterity for our f llttli: u t;Jullovi11..:tollit.
our administral-loii, w.it°1r priAulliialcynaa'i and technical help, has
worked hard to bi, 'Lng progrekiHl.ve Changoij lira our little community.
In the past might: (S) yearn, we have ount:inued to successfully
implement rltuncarolls plannLllg proje ct:ii, whioli have. stimulated the
growth for Catawba. We Have worked vo y closely and have the
political support: of our Clat.awbet C4.-)ttnt.y Board of Commissioners, on
our water and sewer expansion plane for out Community. The Catawba
County Manager, Mr. Tom Ltindy and the County Commissioners are
sincerely intuvested in tlicA welfare of the entire COL111ty, not just
those living In the larUe3r tirban areas. 11hey have shown this
interest with t11eir support t:hrotiUlr grailLs and long term loans for
water and sewer developmont to the rtiral mild urbanizing areas of
our County.

page 2
1r
our admiliistratiun has been an artve?cnt,u cif progressive Town
government anti wc, !lave worked very Ilard to'
:o I,everse the past trends
of a community losing its population. 1)III:ing the past eight 8
years we have initiated the following iml: rovoments in bringing our
community into the Twentieth eent't11-y.
Hired a part-time Tow11 Planninci/Admlil'istrat:or;
* Adopted a Flood Plai11 Ord:inance;
* Adopted a ollIlIq Drell nti11re?;
* Act9I)ted a HLIIIAdivi a ir.:?11 uL°?i i Heine!??;
* Adopted ii M_i<nimum 11r,usi?1u or?illianool
* Adopted Xxt,raterrit.oul.igl. z ,1111141;
Adopted all Augresu the nnnolttil !tin 1'1 Fin;
Did away wIt:Il savell c)lci Wr11-@1' wp11k, and replaced these
wells with d 12 inch water ?i eiii1 1:1',,111 Hie City of Newton;
* Adopted all ngtj 'essive policy In elt"(l111 ril?g Federal. and state
Cyrants
* Encourager) the cit tzens to fix ill) and renovate their old
Historical !Homes;
* Renovated the Old Town lidl.l./F ire Department into modern
facilities, which includes c?'ommiss.-Ioners Board Room, the
Police Maintenance Departments;
Built a new modern Fire Depaj'1:ment:;
* constructed rind installed new tilde wmIkm in the central
Business Dimtr.ict;
" Installation of cross walk and blilikinti traffic light for
our school Children;
k Completely renovated t.:he olcl Town picnic shelter at our
Town Park;
* Upgraded and repaired inimerutls old water meters and water
and sewer, i fines;
* Purchased and installed a comptltc.r for the Ilowlt
Administrat.i.va be part'Anow? ,;
r
Supported, ollcoura(jetl, Lind zun?: d t' Jim Ollrtl.JOS R, Coley
proposed M?tl' 111+:i/11eot C??1t', le,nil ? /lies! ilellt l d l Development
Plans for otir r'iummuwl LVI and zoned ti 1 t1t`??1?3 Hection of land
for a fi1tL11'a Iliduatl,A,il 11til k AI uul W11.11 e4ooess to major
water and mewin, mai jifi
The Board and I bollave in t:1114 caxl,i,11s1.r:,11 ()r t.,nir natural resources
to the fullest extoIli;:, WIt:I1 uktl c gllarric 1'c?r (,t11' environment, ill
order to create and ma l lit:a:in rI 11a1.)i tjit: wilero r?nC' children will want
to live, work, and 1,lay. Ill c?tdt?r Lo seCUVO R "future" for our
Town, w.-aus-t utilize the "prement" for planuinU and implementing!
This task is s:S5>ti11?.p, for our sttrvival.I
Mr. Coley's plans fit right in and are deoporately needed to
encourage other duality development: in otir Cdlrlmunity. Without
growth, a small Town like ours cannot meet the increasing demands
of an urban society. Mr. 0:,1ey, is t;l1e unly land developer who has
come before our Town Planning lionrd and crttr ti?-,dvd of Commissioners
with a well t1lotu,lit Out c1pvelol,tt1ent , wh
could have ail out.st;anding intpacL ii
uri tar, ?l'r.?wit?
ed
for these reasoliti we are able t. O Wlir?l el1enr„1:0 Ill y ichendorswhen e iMr. mplColeementy
Proposal and 1101). that it will lip, r.?c?l:c+?i t? s future. Therefore;
s
U' S. Army Corps Of enC,?ftleers. 1 li favorably by the
if our Town Government can furii:l."h YOU an Ord
or other assurailc?es, please advice, y ditional information
Trusting that we will hear from y«t1 so,_,ri
Thank you. l.i? rc?c
Jar ds to this matter.
Most Sincerely,
.
John H. Elmore Ali`, r Mayor,
Town of Catawba
JHE,JR./dkp .
cc Charles R. Coley
Town Board of c'ainattissioller•s
Thomas W. Warlick
Mike Graridstaff A4tucnr,y
TOwn Administrator

AI
CATAWBA COUNTY
e
P.O. Box 389. 100-A South West Doutovard . Newton, North Carolina 28658
184% [phone] PAX [phone]
P
January 3, 1994
Mr. Steven Lund -
Department of the Army
'Wilmington District
Corp. of Engineers
P.O. Box 1890
Wilmington, NC 28204.1890
Dear Mr, Lund:
I am writing in reforance to a propaaed rdsidontiol project called Catawba
Station to be located on the Catawba River in Crat4wbsi North Carolina. The
purpose of this lettar'is to support the develcploont of this project for the
Town of Catawba,
The Town of Catawba in the past years has tried to upgrade its physical
facilities and infrastructure to be in a position to attract new and diverse
development. The To" has surplus capacity in all of its utilities and has
attractive land pricas for development, Catawba' `Stati.on.will be one of the
first significant``residantial devalopments for the Town of_,Catawba and will
have a major economic impact on the Town's future growth,
Catawba Station will have a major impact on the future growth of the Town of
Catawba and the surrounding areas and we would requaot that approval be given
to allow this project to proceed,
Sincerely,
Robert E. Hibbitts, Chairman
Catawba County Board of Commissioners
/me
1..w
a? + e
.a
1842 -1991 Colou)W ?'ry????l? ?;ti?C ?1l'1 rltrt? 1,50 Yeats s of Progress Printed on
AecyciN Paper

December 21, 1990
Mr. Steven Lund
Department of the Army
Wilmington District
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28204-1890
Dear Mr. Lund:
I'm writing in reference to a proposed residential project called
Catawba Station to be located on the Catawba River in Catawba, N.C.
The purpose of this letter is to offer the support of the Catawba
County Industrial Development Commission for the development of
this project.
The primary function of the IDC is in t:he tocruitment of new,
diversified manutnaturers into the nouttt:y as wall as the
encouragement of existing industries to oapnnd. One of the
critical support moot;ors in my efforts In the availability of
attractive residential developments anti Min ivubnequent quality of
life attributes that accompany such deve:lopillont.
The Town of Catawba is well positioned tor ruture growth in both
the residential and industrial sectors, surplus capacity is
available in all utilities and attractively priced land is
available for development.
PP
Catawba Station will have a major impact on the future growth of
the town and surrounding county and we request that approval be
given to allow this project to proceed.
Sincerely,
Kenneth M. Atkins, C.I.D.
Executive Director
KMA/bt
Catawba cc:°`wMr.
Comity Mr.
Industrial Mr.
Dcvelolmtcnt
Comntlssion Mr.
Charles Coley
John Elmore
Mike Grandstaff
Dave Hunsucker
Post t:)tficc Box 389
Ncwton, North (:arolimi 28658
IdelAwile [phone] o FAX (70l) 400 80 )
-SWZ. N.C. DEPT. OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
P.O. Box 27687
Raleigh, N.C. 27611
Water Quality Section
FAX: [phone]
TEL.ECOPY TO: le d? net' 00F-
FAX NUMBER: _ 70 ? ??
FROM: Q ( k
?' PHONE: ( q -733 533
NO. OF PAGES INCLUDT,NG THIS SKEET:
COMMENTS: vyie
-(AK
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16F3
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OE ENVIRONMENT, fiEALTji
AND N.ATURAL RESOURCES
P.O. Box 27687
-? Raleigh, N.C. 27611
TEUCOPY TO:
J
Water Quality Section
FAX: [phone]
FAX NUMBER:
FROM: ?V_ r JV 4 PHONE:-LI 135
NO. OF PAGES INCLUDING THIS SKEET:
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MEMO
TO:

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DATE:
SUBJECT:
From:
STME o
North Carolina Department of
Health, and Natural Resources
Environment,
4 Printed on Recycled Paper

February 14, 1991
Dr. George T. Everett
Director
Dept. of Environment, Health, and Natural Resources
512 North Salisbury St.
Raleigh, N. C. 27611
Dear Dr. Everett:
Today, I received your letter dated January 31, 1991 concerning my
application for water quality certification. I also talked with Mr.
John Dorney concerning the letter.
We have scheduled a meeting in Catawba, N. C. on February 25, 1991
at 11:00 A. M. with Mr. John Dorney of your department, Mr. Fred
Harris of the N. C. Wildlife Dept., Mr. Steven Lund of the U.S. Army
Corps of Engineers and others. The purpose of the meeting is to
conduct a site review the project with all these departments and,
hopefully, resolve and finalize the objections to the construction of
the marina.
After this meeting, I will prepare and submit all the necessary
documentation for the final review.
Sincerely
Charles R.
P. 0. Box 307 Blowinx Rock, N. C. 28605 704-295-3556
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-18900
IN REPLY REFER TO February 11, 1991
Regulatory Branch
Action ID. 199100014
Mr. Charles R. Coley
Post Office Box 1411
Blowing Rock, North Carolina 28605
Dear Mr. Coley:

61
?a P, -
r

By copy of North Carolina Department of Environment, Health and Natural
Resources, Division of Environmental Management, letter to you of January 31,
1991, we learned that State authorization for you to temporarily discharge
fill material into wetlands adjacent to the Catawba River incidental to the
excavation of a private residential marina at Catawba, Catawba County, North
Carolina, has been denied. Under the administrative rules of our regulatory
program, denial of required State authorization precludes favorable
consideration of a Federal permit. Accordingly, your Department of the Army
(DA) application is hereby denied, and your file has been retired.
Additionally, by letter of December 7, 1990, we furnished you comments
from the North Carolina Wildlife Resources Commission (NCWRC). While
appealing denial of your application for Water Quality Certification is the
next step in pursuing authorization, you should be aware that the NCWRC
comments will be unchanged by the outcome of that appeal. Because of NCWRC's
influence on DA permit decisions, it is unlikely a DA permit would be
available unless your project can be modified to lessen its impacts.
Mr. Steve Lund of my staff is available to answer any questions you may
have or to assist you in developing a revised plan. He may be reached at
telephone [phone].
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Thomas C. Suermann
Lieutenant Colonel,
Corps of Engineers
District Engineer

Copies Furnished:
-2-
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
U.S. Environmental Protection
Agency - Region IV
Wetlands Section - Water Quality Branch
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Dorney
Water Quality Section
D' is ion of Environmental Management
rth Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
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State of North Carolina v ?' £ 611
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
February 13, 1991
Dr. G. Wayne Wright
Corps of Engineeers
P. 0. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
William W. Cobey, Jr., Secretary
In keeping with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice .... 0014
dated October 11, 1990 which describes a project proposed by Mr. Charles R.
Coley of Blowing Rock. The project, involving wetland excavation and
"temporary" placement of excavated material on wetland to facilitate boat
basin and marina construction, is located on the Catawba River, at Catawba, in
Catawba County.
Based on a coordinated agency review, the state recommends the required
Federal permit not be issued. On January 31 the Division of Environmental
Management denied the necessary Section 401 Water Quality Certification.
Likewise, the N. C. Wildlife Resources Commission objected to the project due
to potential adverse impacts of the proposed activity on fish and wildlife
using the project area. Additionally, the Division of Land Resources
expressed concern over project methodology, etc. should a permit be issued.
Of course, sedimentation plans would be required for both sites.
The writer observes that unfortunately, this request is one of many
examples of projects being designed in the nearest wetland as opposed to using
high ground, which apparently carries a higher value monetarily.
Should you require additional input from the state on this matter, do not
hesitate to contact this office or the responding agencies.
ry s\incerely,
John Parker, Jr.
Inland '404 Coordinator
cc: Division of Environmental Managementl/
Wildlife Resources Commission
Division of Land Resources
COE - Asheville
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
NDER: Complettleitirms 1 and 2 when additional services are desired, and complete It 3
and 4.
ut your address in the "RETURN_ TO" Space on the reverse side. Failure to do this will prevent this
card from being returned to you. The return receipt fee will provide` you the name of the person
delivered to and the date of delivery. For additional fees the following services are available. Consult
po t ster for fees and check box(es) for additional service(s) requested.
1. I(Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
/ t (Extra charge) i t- (Extra charge) t
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6. Signature - Agent
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ddressee
-9A
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rm 3811, Mar. / 87 * u.SIG.P.o. 1987-178-268
DOMESTIC: RETURN RE

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A %��i IUC+. 0170//- �68'r.

State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
February 13, 1991
Dr. G. Wayne Wright
Corps of Engineeers
P. 0. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
William W Cobey, Jr., Secretary
In keeping with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice .... 0014
dated October 11, 1990 which describes a project proposed by Mr. Charles R.
Coley of Blowing Rock. The project, involving wetland excavation and
"temporary" placement of excavated material on wetland to facilitate boat
basin and marina construction, is located on the Catawba River, at Catawba, in
Catawba County.
Based on a coordinated agency review, the state recommends the required
Federal permit not be issued. On January 31 the Division of Environmental
Management denied the necessary Section 401 Water Quality Certification.
Likewise, the N. C. Wildlife Resources Commission objected to the project due
to potential adverse impacts of the proposed activity on fish and wildlife
using the project area. Additionally, the Division of Land Resources
expressed concern over project methodology, etc. should a permit be issued.
Of course, sedimentation plans would be required for both sites.
The writer observes that unfortunately, this request is one of many
examples of projects being designed in the nearest wetland as opposed to using
high ground, which apparently carries a higher value monetarily.
Should you require additional input from the state on this matter, do not
hesitate to contact this office or the responding agencies.
ry s\incerely,
John Parker, Jr.
Inland '404 Coordinator
cc: Division of Environmental Management ?
Wildlife Resources Commission
Division of Land Resources
COE - Asheville

P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
January 31, 1991
Certified Mail
Return Receipt Requested
Mr. Charles Coley
Post Office Box 1411
Blowing Rock, North Carolina 28605
Subject: Application for Water
Proposed Wetland Fill
Charles Coley Project
Wetlands adjacent to
Catawba County
Dear Mr. Coley:
George T. Everett, Ph.D.
Director
Quality Certification
Catawba River
Your application for a Water Quality Certification under
Section 401 of the Federal Clean Water Act was received by the
Division on October 12, 1990. The activity for which the
Certification is sought for temporarily discharging fill into 2.5
acres of wetlands near the Catawba River. The purpose of the
proposed project is to allow marina excavation for site No. 1.
In order for the Division to provide a Water Quality
Certification, we must certify that the activity will.not result
in a violation of State Water Quality Standards for waters of the
State.
Our staff has reviewed your application and has identified
specific concerns for impact of this project on the Water Quality
Standards. We have determined that practicable alternatives
exist to your present project design. We can discuss these
alternatives if you desire. The wetland fill would be
eliminating significant uses that these wetlands provide. The
uses that would be eliminated are stormwater control, water
quality enhancement, aquatic life and wildlife habitat. If you
would like to pursue a 401 Certification for Site No. 2, I
believe that a 401 Certification could be issued for that
activity since no uses would be lost in that instance. Because
Ponutlon Pmendon Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
.46 , -
Mr. Charles Coley
January 31, 1991
Page Two
of these concerns for potential violation of the Standards, I
have determined that your application shall be denied.
If this denial is unacceptable to you, you have the right to
an adjudicatory hearing upon written request within thirty (30)
days following receipt of this denial. This request must be in
the form of a written petition conforming to Chapter 150B of the
North Carolina General Statutes and filed with the Office of
Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27604.
Unless such demands are made, this denial shall be final and
binding.
If you have any questions concerning this denial, please
contact Mr. John Dorney in the Water Quality Planning Branch of
this Division at [phone].
Si

George TV Everett
GTE: JD
cc: Mooresville Regional Office
U.S. Army Corps of Engineers
John Parker
John'Dorney
Central Files
DIVISION OF ENVIRONMENTAL MANAGEMENT
January 9, 1991
MEMORANDUM TO: Bill Mills
FROM: D. Rex Gleason '
PREPARED BY: Michael L. Parkeryp
SUBJECT: 401 Certification
Charles Coley Project
Catawba County, North Carolina
The staff of this office has conducted a review of the
material submitted for the subject project and offers the
following comments.
Departmental policy currently does not provide for wetlands
destruction without considering mitigation activities. With
increasing concern over wetlands loss, this Agency should
recommend wetlands mitigation on any project greater than one
acre where wetlands are impacted. A review of this project (Site
No. 1) indicated approximately 2-112 acres will be impacted
(destroyed) and no replacement projected. Furthermore,
construction of this project does not appear to be beneficial to
public welfare or safety nor does it appear to have a significant
economic impact on the surrounding area. The wetlands are of
high value as they provide substantial stormwater controls and
residuals stabilization prior to intersecting with a Class
WS-III, B reservoir. For these reasons, destruction of this
wetlands habitat cannot be recommended at this time.
As for Site No. 2, it appears that no wetlands impact
(destruction) will occur as a result of this project. This being
the case, this office would have no objection to the use of this
site for the proposed project.
Should mitigating alternatives arise for Site No. 1, this
office can re-evaluate this project pending receipt of the new
information.
MLP:se
MEMO
DATE:
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SUBJECT:
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Message l/l '
i 0
N.C. Dept. of Environment, FlAth, and Natural Resources
CHARLES R. CoLEY
P.O. Box 1411
BLOWING ROCK, NORTH CAROLINA 28605
September 15, 1990
41
Mr. Steven
Biologist
U. S. Army
Regulatory
37 Battery
Asheville,
Dear Steve:
W. Lund
Corps of Engineers
Field Office
Park Ave., Rm. 75
N. C. 28801
ye 6
R F; j
.1.>>
I r,
5 1990
p{ rs •:,c:,?
I am enclosing the Application For Department Of The Army
Permit with various attachments.
Based upon our discussions and my understanding, I believe
this is complete. If you have any questions or if you need
additional information, please don't hesitate to call me so
I can respond immediately.
I understand that once you receive the completed application,
it will take approximately 45 days to complete your work and
respond to me with the necessary approvals.
Looking forward to hearing from you.
Very truly yours,
Charles R. Coley
Enclosures: (6)

TELEPHONE [phone]
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0702-0036
(33 CFR 325) Expires 30 June 1992
Public reporting burden for this collection of information is estimated to average 5 hours per response for the majority of cases, including the time for reviewing
instructions, searghing existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
Applications for larger or more complex projects, or those in ecologically sensitive areas, will take longer. Send comments regarding this burden estimate or any
other aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of information and Regulatory Affairs, Office
of Management and Budget, Washington, DC 20503.
The Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act and
Section 103 of the Marine, Protection, Research and Sanctuaries Act These laws require permits authorizing activibesln.or affecting navigable waters of the
United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it
into ocean waters. Information provided on this form will be used in evaluating the application for a permit. Information in this application is made a matter of
public record through issuance of a public notice. Disclosure of the information requested is voluntary; however, the data requested are necessary in order to
communicate with the applicant and to evaluate the permit application. If necessary information is riot provided, the permit application cannot be processed nor
can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application
(see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application
that is not completed in full will be returned.
1. APPLICATION NUMBER (To be assigned by Corps) 3. NAME, ADDRESS. AND TITLE OF AUTHORIZED AGENT
None
Telephone no. during business hours

2. NAME AND ADDRESS OF APPLICANT A/C ( ) (Residence)
A/C ( ) (Office)

Charles R. & Patricia H. Coley
Green Hill Road--P. 0. Box 1411 Statement of Authorization: I hereby designate and authorize
Blowing Rock, N. C. 28605 to act in my
Telephone no. during business hours behalf as my agent in the processing of this permit application and to
furnish, upon request, supplemental information in support of the application.
A[C ( 7 0 4_ 2 9 5- 19 5 6 (Residence) SIGNATURE OF APPLICANT DATE
Atc(704-295-3128 (Office)
4. DETAILED DESCRIPTION OF PROPOSED ACTIVITY
4a. ACTIVITY To build boat marina and activity area. The area will be designed
to support a maximum of 250 boats in a protected area. See Plan view,
Typical Elevation, Vicinity Map, and Area Photography which is attached.
4b. PURPOSE
Intended use of Marina and Activity area will be for the pleasure
and support of property owners of developed homes and lots and for public
use. Construction start date will be as soon as possible pending needed
approvals and completion expected within 180 days of start.
4c. DISCHARGE OF DREDGED OR FILL MATERIAL
The type of excavated materials expected is alluvial. The expected
excavated quantity is 30,000 cubic yards+. The type of equipment to
be used will be backhoe, drag lines and trucks for hauling. The excavated
material will be entrapped by silt retaining fencing around the excavated
materials. The excavated materials will be stored on site on property
owned by Coley.
ENG FORM 4345, Aug 89 EDITION OF APR 86 IS OBSOLETE. (Prupunant: CECW-0N)
5. NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC., WHOSE PROPERTY ALSO ADJOINS THE WATERWAY
A. Southern Railroad, 8 North Jefferson St., Roanoke, Va. 24042
B. Duke Power, P. O. Box 33189, Charlotte, N. C. 28242
C. Charles R. Coley, same as #2.
6. WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED
Catawba River/Lake Norman. Approximately (1) mile off Central Avenue.
Approximately 1000 ft. south of SRR Bridge Crossing. Town of Catawba, N. C.
7. LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED
ADDREss: Catawba Landings Street.
Off State Road 1827/ S. 4th St.
Catawba, N C 28609
STREET, ROAD, ROUTE OR OTHER DESCRIPTIVE LOCATION
Catawba-- North Carolina--- 28609
COUNTY STATE ZIP CODE
Town of Catawba
LOCAL GOVERNING BODY WITH JURISDICTION OVERSITE
8. Is any portion of the activity for which authorization is sought now complete? YES NO
If answer is "yes" give reasons, month and year the activity was completed. Indicate the existing work on the drawings.
9. List all approvals or certifications and denials received from other federal, interstate, state or local agencies for any structures, construction, discharges or other
activities described in this application.
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
Town of Catawba Zoning-RR 8/10/90 9/4/90
Town of Catawba Development Plan
Duke Power Excavation Approval 7/12/90
US Army Corp. of Engineering Excavation 9/15/90
NC Dept. of Enviromental, Health, &
Natural Resources------General Approval 7/12/90
10. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in the
application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that 1 possess the authority to
undertake the proposed activities or I am acting as the duty authorized agent of the applicant.
9/15/90
NA PP LI?ANT ?? . DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 3. has been filled out and signed.
18 U.S.C. Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of The United States
knowingly and willfully falsifies, conceals, or rovers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent
statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or
fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than foe years, or both.
(Reverse or ENO FORM 4345) U.S. GOvENNAEW PRINTING OFFICE: IM O--W1,%8
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 18, 1990
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. CESAW-C091-N-018-0014
Dear Mr. Mills:
Enclosed is the application of Mr. Charles R. Coley, for Department of the
Army authorization and a State Water Quality Certification to temporarily
discharge excavated material into wetlands adjacent to the Catawba River
incidental to the excavation of a private, residential marina at Catawba,
Catawba 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.
Mr. William Mills
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
S: December 18, 1990
OC o
6
We are considering authorizing 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 a reasonable time for State action.
Therefore, if you have not acted on the request by December 18, 1990, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Steven Lund, telephone
[phone].
Sincerely,
W ne Wri t
t<cie , Regulatory Branch
Enclosure
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

aw o
State of North Carolina
Department of Natural Resources and Community De
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
October 16, 1990
.Dr. George T. Everett
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Dr_ Everett :
William W. 01my, Jr., Se=etary
The attached U. S. Army Corps of Engineers Public Notice No. 0014 dated
10/11/90 describing a project proposed by Mr Charles R Col'
is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by 11/6/90
Very sincerely,
John R. Parker, Jr.
404 Coordinator
a n
REPLY This office objects to the project as proposed. 4 0 I dt" `?
Comments on this project are attached.
JRP:jr/aw
This office supports the project proposal.
No comment. \
Signed? 16 Date ti I
Agency W9
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C091-N-018-0014 October 11, 1990
PUBLIC NOTICE
MR. CHARLES R. COLEY, Post Office Box 1411, Blowing Rock, North Carolina,
28605 has applied for a Department of the Army (DA) permit to TEMPORARILY
DISCHARGE FILL MATERIAL INTO WETLANDS ADJACENT TO THE CATAWBA RIVER INCIDENTAL
TO THE EXCAVATION OF A PRIVATE RESIDENTIAL MARINA AT CATAWBA, CATAWBA COUNTY,
NORTH CAROLINA.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed excavation of two boat basins to serve a
proposed residential development. The larger basin would measure
approximately 500-feet long by 470-feet wide by 10-feet deep and would be
created by deepening and enlarging the channel of a small, unnamed creek into
an area of forested wetlands. These wetlands are vegetated primarily with
river birch, box elder, sycamore, sweet gum and green ash. All excavated
material is to be retained on adjacent uplands, however during clearing and
excavation of the site an unknown quantity of material would be temporarily
discharged into wetlands. Excavation would be accomplished by backhoe and
dragline loading material into dump trucks for transport to the disposal
areas. A total of approximately 2.5 acres of wetlands would be excavated. A
second, smaller basin is planned for a site approxmimately 2500 feet
downstream of the first. There would be no discharge of excavated material
into any waters or wetlands at the second basin site. 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
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA 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
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
c *A-- ro
I
-2-
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 DA 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 DA 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
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.

-3-
The DEM plans to take final action in the issuance of the Clean Water Act
certification on or after November 3, 1990.
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'October 29, 1990, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Steven Lund, until 4:15 p.m.,
November 10, 1990, or telephone [phone].
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DEPARTMENT OF THE ARMY PERMIT
Permittee Mr. Charles Coley
Permit No,
Action ID. 199100014
Issuing Office CESAW-CA-H
,.411 fC??
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
To clear, grub and excavate .6 acres of forested wetlands, place rip-rap for
shoreline stabilization, and create three impoundments totalling approximately
.6 acres on cwo uruutwed tributaries as mitigation for the contruction of a
residential marina at the proposed Catawba Station development adjacent to the
Catawba :fiver. According to the enclosed plans.
Project Location:
Lake Norman at Catawba, Catawba County, North Carolina
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 1996 . If you find that you need
more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2., You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi-
tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make
a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of
this permit from this office, which may require restoration of the area. _
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordina-
tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places.
ENO FORM 1721, Nov 88 EDITION OF SEP 82 IS OBSOLETE. (33 CPR 325 (Appendix A))
1
4. If you. Deli the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
6. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
In the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it con-
tains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
See enclosed sheet.
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.G. 403).
(14 Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a.. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges..
c. This permit does not authorize any injury to the property or rights of other.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, nr to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
2
e. Damage claims associated with any future modification, suspension, or revocation of this permit
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to mpl with the terms and conditions of this permit.
MR* CHARLES COLE
All C%
(PERMITTEE) (DATE)
This wrpit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
RICT ENGINEER)
TER S. TUL.LOCH, COLONEL
Z <-4 -Vt,?
(DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
Gi9Ti9w,8? .S??Tio.? fE??= LoP?7•?.?J' ??iPPo?P.?T/? -
(TRANSFEREE) (DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1988 - 717.425
SPECIAL CONDITIONS
t1ti????A{18Y\ 1. The conditions of the attached 401 Water Quality Certification
issued by the North Carolina Division of Environmental Management
on March 6, 1992 are hereby incorporated by reference as conditions
of this permit.
y
2. If the permittee determines that off shore excavation by hydraulic
dredge is necessary, he will submit a written request for
modification of this permit to include plans identifying areas to
be dredged, quantity and type of material to be excavated, and
location, size and design of a diked spoil retention area.
3. Appropriate erosion and sediment control measures will be utilized
and maintained throughout construction of the authorized project.
This should include, but not be limited to, timing of construction
to avoid periods of high water in Lake Norman and sequencing of
marina excavation such that the basin area is completed before the
entrance channel.
4. Golf course construction, as shown on the general site plan sheet
2 of 9, is not authorized by this permit. This area has not been
reviewed by Corps of Engineers personnel and additional permits or
permit modifications may be required for this future development.
5. Construction of the required mitigation areas must proceed
concurrently with excavation of the authorized marina basin.
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402
Action ID No. 199100014 December 30, 1992
ENVIRONMENTAL ASSESSMENT, FINDING OF NO SIGNIFICANT IMPACT
AND STATEMENT OF FINDINGS
Applicant: Charles R. Coley, Green Hill Road, Post Office Box 1411, Blowing
Rock, North Carolina 28605, Telephone [phone] or [phone].
This permit action is being taken under authority delegated to the
Wilmington District Engineer by the Secretary of the Army and the Chief of
Engineers by Title 33, Code of Federal Regulations, Part 325.8, pursuant to:
Section 10 of the Rivers and Harbors Act of 1899.
-X-Section 404 of the Clean Water Act.
Section 103 of the Marine Protection, Research and
Sanctuaries Act.
Section 4(e) of the Outer Continental Shelf Lands
Act of 1953.
-X-Section 401 of the Clean Water Act. Water Quality
Certification issued by the North Carolina Division of Environmental
Management.
Section 402 of the Clean Water Act. National Pollutant Discharge
Elimination System (NPDES) permit issued by the North Carolina
Division of Environmental Management.
Section 307 of the Coastal Zone Management Act.
Consistency concurred and CAMA permit issued by North Carolina
Division of Coastal Management.
_X Conforms to the Section 404(b)(1) Guidelines, (40 CFR 230, FR 24 DEC
?80).
Conforms to the Ocean Dumping Criteria (40 CFR 220-229, FR 11 JAN
77).
Project Description: The applicant proposes to excavate two inland boat
basins off the Catawba River in the tailwaters of Lake Norman to provide boat
slips for residents of a proposed subdivision. The small marina would be
approximately 1/2 acre in size, provide 35 slips and would be excavated at the
mouth of an intermittent stream into an upland area. The larger basin would
be excavated at the mouth of a perennial stream. It would measure 400 feet
long and 350 feet wide or approximately 3.2 acres of which .6 acres consists
of forested wetlands with the rest being non-wetland floodplain forest. This
larger basin would be connected to the Catawba River by a 170-foot wide,
200-foot long access channel which would incorporate the existing stream -
-2-
channel and some upland area. Approximately 152 slips are planned for this
marina. Both marinas would be excavated to a depth of 10 feet below ordinary
high water with a combination of draglines, backhoes, bulldozers and trucks.
Approximately 65,000 cubic yards of material would be removed and retained on
uplands adjacent to the marina sites. In order to compensate for the loss of
wetlands at the large marina, the applicant proposes to construct three
mitigation areas totaling .6 acres. Small, shallow impoundments would be
constructed on the tributary streams above each marina basin. These areas
would then be planted with wetland tree, shrub and grass species.
Environmental Setting: The project site consists of a large tract of land
with approximately 1200 feet of frontage on the Catawba River located about 1
mile east of the City of Catawba. An existing Southern Railroad main track
forms the northern boundary of the property with an additional spur line
running in a southerly direction through the tract. The great majority of the
land is ridge top or moderately steep ridge slope which is heavily forested.
An unnamed, perennial stream flows through the northern section of the tract
forming a step falls as it.flows over a bedrock outcrop before it enters a
low, basin-like area. This depressional area is below the ordinary high water
line of Lake Norman and is subject to backwater flooding. This area includes
the only wetland identified on the property; a .6 acre forested wetland of
river birch, sycamore, box elder, sweet gum and green ash. The remainder of
this low area is vegetated by floodplain forest dominated by tulip poplar.
Immediately south is a high river terrace which shows some evidence of past
disturbance possibly from railroad activity or construction related to the
impoundment of Lake Norman. The area appears to have been excavated and is
presently vegetated with a thick cover of kudzu vine. A small, intermittent
stream flows through the southern portion of the property in a very narrow
valley. The Catawba River at the site is approximately 800 feet wide although
the presence of several mid-channel islands indicates that the amount of deep
water area is considerably less. According to Duke Power Company, the maximum
depth of water in the area is about 10 feet at full pond.
Environmental Impacts: The proposed work will result in the conversion of
approximately .6 acres of forested wetland to open water at the large marina
basin. An additional 2.2 acres of floodplain forest would also be excavated.
Approximately 500 linear feet of shallow, perennial stream channel would also
be deepened to 10 feet as a result of marina excavation resulting in the loss
of about .4 acres of stream habitat. All benthic organisms within the
affected channel would be lost. Field observations indicate that this should
be limited to small numbers of clams. The wildlife habitat associated with
the wetland area would be lost as would nutrient assimilation, detrital export
and other riparian support functions. Once they are established, the required
mitigation areas are expected to fully replace these lost wetland functions.
Flood storage and sediment retention are expected to increase as a result of
basin construction by the creation of a large, open-water area. Gamefish
habitat will also be increased, although the habitat value is not expected to
be high.
-3-
The proposed work will not significantly alter existing navigational patterns .
in the area. Recreational boat use in this extreme upper reach of Lake Norman
is largely limited to an occasional fishing boat or canoe. If fully utilized,
the marina would generate substantially more power boat usage in the area.
There will be some increase in turbidity during construction and some leaching
of preservatives will occur after the dock structures are in place.
Turbidities may be locally high but should be rapidly dissipated by wave,
wind, and/or current action and diluted by the large volumes of water in the
Catawba River. After the marina is operational small amounts of petroleum
products will also leak into the waters from boat engines. Due to the inflow
of water from the perennial stream and the wide channel connection to the
river, the marina is expected to have adequate circulation and flushing and is
not expected to degrade the quality of adjacent waters.
Alternatives: The applicant considered several design changes and locational
alternatives during the course of this permit review in an attempt to reduce
or eliminate adverse impacts to wetlands and water quality. The present
design incorporates recommendations made by the NC Division of Environmental
Management to provide for adequate circulation and flushing in the marina.
One alternative was to provide boat slips solely through the construction of
off-shore piers. The narrowness of the navigable channel through this area
limits the length of any open water structures and the applicant could not
practically develop enough boat slips with this alternative to meet the
objectives of the project. These physical constraints would be a limiting
factor at other locations along the river in the immediate vicinity of the
project site. Also considered was the possibility of shifting the basin
location out of the wetland area and into the high river terrace immediately
to the south. Due to the elevation of this terrace, this alternative would
nearly triple the volume of excavated material and result in a corresponding
increase in project costs. Spoil materials would also have to be hauled away
from the basin site. Basin side slopes would be steep and high. The water
level would be 15 to 20 feet below the ground elevation. Ramps to the docks
would be exceedingly long and the usable docking area would be less than the
basin dimensions. The wetland area is situated within the natural depression
such that it would not be practical to attempt to excavate around it. The
present marina design incorporates recommendations of the NC Division of
Environmental Management to reduce the potential for adverse impacts to water
quality. The length of the basin was shortened and, most significantly, the
entrance was widened from 50 feet to 170 feet to insure adequate flushing.
Summary: I have reviewed the application and plans furnished by the applicant
and the environmental assessment. I am aware that the project would eliminate
.6 acres of forested wetland as well as the wildlife habitat and water quality
maintenance functions that the wetland provides. I am also aware that the
-4-
project would result in the destruction of benthic organisms within the reach
of stream channel to be excavated. However, I do not consider these impacts
significant as they are minimal and will be mitigated for onsite. The
applicant has also incorporated design changes into his proposal which should
minimize adverse effects to water quality.
The proposed project has had extensive review through our normal public notice
process, and there are no substantive objections to the project as of the
writing of this statement. The U.S. Environmental Protection Agency and the
National Marine Fisheries Service have reviewed this application and did not
comment. The US Fish and Wildlife Service issued a "no action" response to
the public notice. The North Carolina Wildlife Resources Commission did not
object to the revised basin design provided that compensation was included for
wetland impacts. The North Carolina Division of Environmental Management
initially denied 401 Water Quality Certification for the original basin design
but later issued the required certification with conditions after the
applicant incorporated their recommendations for basin modifications and
wetland compensation. These conditions have been incorporated by reference
into this permit. Letters of support for the project were received from the
Town of Catawba, Mayor John Elmore, the Catawba County Board of Commissioners,
and the Catawba County Industrial Development Commission.
I have reviewed the application and plans and the public interest record, and
I find that the proposed work is not controversial and will not have a
significant effect on the quality of the human environment.
I find that this application is not a major Federal action significantly
affecting the human environment; and hence, the preparation of a detailed
statement under Section 102(2)(c) of the National Environment Policy Act of
1969 is not required.
I have given full consideration to this application. After weighing favorable
and unfavorable aspects, I find that the issuance of a permit to Mr. Charles
R. Coley will not be contrary to the general public interest provided that he
adheres to the conditions incorporated in the permit.
V ?- -
lter Tulloch
Colonel, Corps of Engineers
District Engineer

APPLICATION FOH DEPARTMENT OF THE ARMY PERMI OMB APPROVAL NO. 0702-0036
(33 CFR 325) Expires 30 June 1992
Public reporting burden for this collection of information is estimated to average 5 hours per response for the majority of cases, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
Applications for larger or more complex projects, or those in ecologically sensitive areas
will take lon
er
S
d
,
g
.
en
comments regarding this burden estimate or any
other aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services
Directorate for Information
,
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of information and Regulatory Affairs
Office
,
of Management and Budget, Washington, DC 20503.
The Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act and
Section 103 of the Marine, Protection, Research and Sanctuaries Act These laws require permits authorizing activitiesln_or affecting navigable waters of the
United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it
i
nto ocean waters. Information provided on this form will be used in evaluating the application for a permit. Information in this application is made a matter of
public record through issuance of a public notice. Disclosure of the information requested is voluntary; however, the data requested are necessary in order to
communicate with the applicant and to evaluate the permit application. If necessary information is not provided, the permit application cannot be processed nor
can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application
(see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application
that is not completed in full will be returned.
1. APPLICATION NUMBER (ro be assigned by Corps) 3. NAME, ADDRESS. AND TITLE OF AUTHORIZED AGENT
None
T
l
h
e
ep
one no. during business hours
2. NAME AND ADDRESS OF APPLICANT
NC ( ) (Residence)

Charles R. & Patricia H
Cole A/C ( ) (Office)
.
y
Green Hill Road--P. 0. Box 1411
Statement of Authorization: I hereby designate and authorize
Blowing Rock, N. C. 28605 to act in my
Telephone no. during business hours behalf as my agent in the processing of this permit application and to
furnish, upon request, supplemental information in support of the application.
NC ( 7 0 4- 2 9 9- 3 5 5 Fi (Residence)
Nc(704-295-3128 SIGNATURE OF APPLICANT DATE
(Office)
4. DETAILED DESCRIPTION OF PROPOSED ACTIVITY
4a. ACTIVITY To build boat marina and activity area. The
area will be designed
to support a maximum of 250 boats in a protected area. See Plan view,
Typical Elevation, Vicinity Map, and Area Photography which is attached.
4b. PURPOSE
Intended use of Marina and Activity area will be for the pleasure
and support of property owners of developed homes and lots and for public
use. Construction start date will be as soon as possible pending needed
approvals and completion expected within 180 days of start.
4c. DISCHARGE OF DREDGED OR FILL MATERIAL
The type of excavated materials expected is alluvial. The expected
excavated quantity is 30,000 cubic yards+. The type of equipment to
be used will be backhoe, drag lines and trucks for hauling. The excavated
material will be entrapped by silt retaining fencing around the excavated
materials. The excavated materials will be stored on site on property
owned by Coley.
ENG FORM
AUg 89 EDITION OF APR 88 IS OBSOLETE. (Prupurwnt: CECW-ON)

5. NAMES AND ADDRESSES OF ADJOINING PK _RTY OWNERS, LESSEES, ETC., WHOSE PROPERTY A. ADJOINS THE WATERWAY
A. Southern Railroad, 8 North Jefferson St., Roanoke, Va. 24042
B. Duke Power, P. 0. Box 33189, Charlotte, N. C. 28242
C. Charles R. Coley, same as #2.
6. WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED
Catawba River/Lake Norman. Approximately (1) mile off Central Avenue.
Approximately 1000 ft. south of SRR Bridge Crossing. Town of Catawba, N. C.
7. LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED
ADDRESS: Catawba Landings Street.
Off State Road 1827/ S. 4th St.
Catawba, N. C. 28609
STREET, ROAD, ROUTE OR OTHER DESCRIPTIVE LOCATION
Catawba-- North Carolina--- 28609
COUNTY STATE ZIP CODE
Town of Catawba_
LOCAL GOVERNING BODY WITH JURISDICTION OVERSITE
8. Is any portion of the activity for which authorization is sought now complete? ? YES NO
If answer is "yes" give reasons, month and year the activity was completed. Indicate the existing work on the drawings.
9. List all approvals or certifications and denials received from other federal, interstate, state or local agencies for any structures, construction, discharges or other
activities described in this application.
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
Town of Catawba Zoning-RR 8/10/90 9/4/90
Town of Catawba Development Plan
Duke Power Excavation Approval 7/12/90
US Army Corp. of Engineering Excavation 9/15/90
NC Dept. of Enviromental, Health, &
Natural Resources------General Approval 7/12/90
10. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in the
application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that 1 possess the authority to
undertake the proposed activities or 1 am acting as the duly authorized agent of the applicant.
9/15/90
WQNA PPLIOyANT /?. DATE SIGNATURE OF AGENT DATE
_
The application must be siignnedl by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 3 has been filled out and signed.
18 U.S.C. Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of The United States
knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent
statements or representations or makes or uses any false writing or document knowing same to contain any false fichtious or
fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.
(Reverse of ENO FORK 4345) u.& GDVEMM err PFWM MU: IM 0-041-MB
?v Ste xr,??t ?? ?t^cJ vvefi. eEC-reac?r ?i%kPcLt?fiec?-.
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C091-N-018-0014
1<:?q 1©00 1 PUBLIC NOTICE
October 11, 1990
MR. CHARLES R. COLEY, Post Office Box 1411, Blowing Rock, North Carolina,
28605 has applied for a Department of the Army (DA) permit to TEMPORARILY
DISCHARGE FILL MATERIAL INTO WETLANDS ADJACENT TO THE CATAWBA RIVER INCIDENTAL
TO THE EXCAVATION OF A PRIVATE RESIDENTIAL MARINA AT CATAWBA., CATAWBA COUNTY,
NORTH CAROLINA.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed excavation of two boat basins to serve a
proposed residential development. The larger basin would measure
approximately 500-feet long by 470-feet wide by 10-feet deep and would be
created by deepening and enlarging the channel of a small, unnamed creek into
an area of forested wetlands. These wetlands are vegetated primarily with
river birch, box elder, sycamore, sweet gum and green ash. All excavated
material is to be retained on adjacent uplands, however during clearing and
excavation of the site an unknown quantity of material would be temporarily
discharged into wetlands. Excavation would be accomplished by backhoe and
dragline loading material into dump trucks for transport to the disposal
areas. A total of approximately 2.5 acres of wetlands would be excavated. A
second, smaller basin is planned for a site approxmimately 2500 feet
downstream of the first. There would be no discharge of excavated material
into any waters or wetlands at the second basin site. Plans showing the work
are included with this public notice.
The State bf North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA 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
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

s
-2-
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 DA 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 DA 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
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.

-3-
The DEM plans to take final action in the issuance of the Clean Water Act
certification on or after November 3, 1990.
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 October 29, 1990, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work,.as outlined above, will
be received in this office, Attention: Mr. Steven Lund, until 4:15 p.m.,
November 10, 1990, or telephone [phone].
P.
JOCT 05 '90 1601 COE-:P HEVILLE y
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NORTH CAROLINA
Catawba 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 NCAC2H, Section .0500
to Charles Coley pursuant to an application filed on the 15 day
of November, 1991 to construct a private residential marina in
0.6 acres of wetlands near the Catawba River.
The Application provides adequate assurance that the
discharge of fill material into the waters of wetlands near the
Catawba River in conjunction with the proposed marina in Catawba
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. Vegetation - three permanent circular plots shall
be located in each mitigation area. The centers
of these plots shall be located with a permanent
marker and surveyed. Plots shall be one meter
radius for herbs, 2 meter radius for shrubs, 3
meter radius for saplings and 10 meter radius for
trees. Herbs shall be recorded by percent cover
by species. The number of stems by species shall
be counted for shrubs, saplings and trees. Tree
diameter at breast height shall also be recorded.
Intensive vegetation monitoring shall be done at
the permanent plots in the spring and fall one
year after mitigation is done and five years after
mitigation. Survival of planted trees and shrubs
shall also be noted annually.
3. Soils - Soil color, hue and chroma shall be
determined at 10 randomly chosen locations in each Y
mitigation areas. Data shall be collected in the
spring and fall for each year for five years.

4. Hydrology - Groundwater hydrology shall be
monitored monthly at three wells in each
mitigation area during the first year. In
addition, data shall be collected continuously at
one station in mitigation area C for the first
year of mitigation. After the first year,
groundwater levels-shall be recorded during: the
spring and fall of : the next four years.-.-,-
5.- Reporting -..Monitoring shall be done for-five
years after construction of the dams. Reports
.shall be sent to DEM, Central Office by January 1
of each year.
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 6 day of March, 1992.
WQC# 2699
DIVISION OF ENVIRONMENTAL MANAGEMENT
eo ge T. Everett, irector

512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
January 7, 1992
Mr. G. Wayne Wright
Chief, Regulatory Branch
Wilmington District
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
4-4
ECFNED
'JAN 10 1992
IS0100 BRANCH
SUBJECT: Revised mitigation plans for Action. ID. 199100014 by
Mr. Charles R. Coley to compensate for wetlands lost
during excavation of a private residential marina at
Catawba, Catawba County.
Dear Mr. Wright:
The North Carolina Wildlife Resources Commission (NCWRC) has
reviewed the information provided by Mr. Charles R. Coley, and
biological field staff conducted site visits October 26, 1990 and
February 3 and 26, 1991. 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.).
Since the original public notice was issued on October 11,
1990, Mr. Coley has modified the project to minimize impacts to
wetlands. The original marina basin in the larger unnamed
tributary has been modified to accommodate 152 boat slips rather
than 200, with the main channel of the Catawba River being
utilized for some of the slips and part of an uplands field of
kudzu to be excavated for the basin. An additional basin will be
excavated in a smaller unnamed tributary to accommodate 35 boat
slips. These modifications will result in the loss of 0.6 acre
of forested wetlands at the major marina basin rather than a loss
of 2.5 acres as originally proposed. Work in the smaller basin
does not involve wetlands.
Mr. Coley has identified three sites where wetlands can be
created to compensate for the loss of 0.6 acre of forested
wetlands. Wetlands will be created by constructing one or two-
foot rock dams in the unnamed tributaries to create wide, shallow
? L UIDY
,J - r- T
. 8- 04
® North Carolina Wildlife Resources Commission

pools. Plans show Mitigation Areas A and B to be located on the
smaller unnamed tributary upstream of the small marina and
Mitigation Area C to be located upstream of the major marina on
that tributary. Two or three ponds will be created at each site
for a total of 0.6 acre of new wetlands. Shorelines of the
wetlands will be planted with trees (Acer rubrum, Betula nigra),
shrubs (Sambucus albus, Cornus alba, Myrica cerifera,
Philadelphus coronarius), and grasses (Panicum virgatum, foxtail
millett, and K-31 tall fescue). Grasses will be planted in the
fall, while trees and shrubs will be planted in the spring.
Mitigation areas will be monitored on a monthly basis for the
first year of growth, and dead plants will be replaced during
this time. These areas will continue to be monitored after one
year by a groundskeeping entity under control of a property
owner's association.
The NCWRC does not object to the project and the mitigation
plan as proposed. We request access for NCWRC personnel to the
mitigation areas once work is completed so that we may also
evaluate the success of the project.
Sincerely,
&4m?? 4L;4P
Dennis Stewart, Manager
Habitat Conservation Program
DLS/lp
cc: Ms. Stephanie Goudreau, Mt. Region Habitat Biologist
Mr. Chris Goudreau, District 8 Fisheries Biologist
Mr. Jack Mason, District 8 Wildlife Biologist
Mr. Steve Lund, USACOE
Mr. John Dorney, DEM
Mr. Allen Ratzlaff, USFWS, Asheville
f
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tdb
WETLAND MITIGATION
AREA C 7(46,
SI-FIVB MATERIAL
AREA
161
TREE MATERIAL
ACER RUBRUM
BETULA NIGRA
MYRICA CERIFERA
(10 GAL CONTAINER MATERIAL)
„no__
R PD ............ ... 711
'770
•• ...• .•• •••• .•• .........
••••• ...•• ..•• .......................
• SHRUB MATERIAL
SAMBUCUS ALBUS
CORNUS ALBA
PHILADELPHUS CORONARIUS
(1 GAL CONTAINER MATERIAL-4' O.C. )
.... )jjJ ii' PsEcnoN .a.156:eg-
EL 768
,—;7/
SCALE: 1"=40'
0 10 20 30 40
!!!!Siiiii I
PROP: GRADE
144---:--- ,-- ,--
10.--_ ---:.--- ----- '
14 b ----- __--
)---- _---
170 --- ----
/72- _-------
.----- .-------
.------
714, ______---.
-----
• ... ..........
V. 1 A ..... ..... :V . .
.i.MIOCLE POND EL. 772.0
GRASS MATERIAL
PANICUM- VIRGATUM
FOXTAIL MILLET('
K-31 TALL FESCUE
(HYDROSEED & JUTE MAT -SLOPES &
LOW.PLAW AREAS AS NECESSARY)
7
SECTION
GRASS MATERIAL AREA
"S.:UPPER POND EL 778.0
GRASS MATERIAL AREA
GRASS MATERIAL AREA
TREE MATERIAL (TYP)
778
774
772
770
768
Zee
782
;700
58
\ 1ST. GRADE
•
\\E 40T HORIZ.
VERT.
'=
SHRUB MATERIAL AREA
AREA
witTel/MMI4c

y V
ti
August 23, 1091
Mr. Steve Lund
Regulatory Field Office
Army Corps of Engineers
37 Battery Park Avenue
Ashville, N.C. 28801
Dear Mr. Lund:
J
1991,

Based upon a request to Mr. Charles Coley for additional
information concerning marina excavation by Mr, G. Wayne
Wright, Chief of the Regulatory Branch, we have prepared the
necessary documentation which you will find attached. In
response to specific questions in Mr. Wright's letter which
cannot be shown graphically, we have provided the following
text:
1. The amount of material to be excavated is 30,000 cubic
yards. The type of material is alluvial. The method of
material handling in terms of equipment to be used
is a backhoe, draglines and trucks for hauling. The
location of a material retention area is indicated on
the Site Plan. The area will be isolated by silt-
retention fencing which will be placed on site utilizing
appropriate, acceptable management practices for the
erection of such containment measures.
2. Bed Preparation for proposed vegetation will be composed
of the following:
A. 1811 - 2411 organic 1lcompro" base soil over the cut,
shaped grade. The 1811 - 2411 application will be mixed
with sand.
B. Seeding of grasses will be in the fall. Planting of
shrubs and trees will occur in early spring. All
plantings will have a temporary saucer of 3t1 in height
established around each hole. 51t of crowned, hand-
tamped backfill will be placed around each plant. All
planting pits will be twice the size of the containers
for each plant.
C. Fertilizer applications will occur in the fall for
seeded grasses and will consist of a time-release 10-24-
10 fertilizer. A second application will occur the
following spring if required. Fertilizer applications
Oldham Planning & Design Associates, Inc.
Land Planning • Site Design • Landscape Architecture • Feasibility Analyses
500 East Boulevard - Suite Two
Charlotte, NC 28203
[phone]
FAX [phone]
Denver, CO • Charlotte, NC
t
7m]
Mr. Steve Lund
August 26, 1991
for planted materials will occur in spring and will
consist of time-release 12-6-6 fertilizer. A second
application will occur during the following mid-summer
if required.
D. All introduced mitigation areas will be monitored on
a monthly basis throughout the first year of growth to
determine health, stability and success of permanent
establishment of materials. Any unsuccessful materials
will be replaced. Thereafter, methods of preservation
to ensure permanency will include continual monitoring,
maintenance and any necessary re-fertilization or
replacement planting by a groundskeeping entity under
the auspices and control of a property owners
association.
All other requested information appears on the attached
drawings. If there is any further information which you
require, please do not hesitate to contact our office at
your earliest convenience.
Sincerely,
Z
Arthur H. Oldham
President

James G. Martin, Governor George T Everett, Ph.D.
Director
William W. Cobey, Jr., Secretary March 6, 1992
Mr. Charles Coley
P.O. Box 307
Blowing Pock, NC 28605
Dear Mr. Coley:
Subject. Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed residential marina
Project #91834, COE #199100014
Catawba County
Attached hereto is a copy of Certification No. 2699 issued
to Mr. Charles Coley dated March 6,•1992.
If we can be of further assistance, do not hesitate to
contact us.
Attachments
sincerely,
e rge T. Everett
1
i
cc: Wilmington District Corps,of Engineers
Corps of Engineers Asheville Regional Office
Mooresville DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
UGIONAL (ATICi=S
\loorc.villc RACigh W\ 1'11ington
Atihcvillc I lycumilc
704/251-6208 919!486-1 ?41 7041663-1699 919: 71-47(X) 91`) `) }/rh4Sl
V"ilminglon
919/ 3`)?-3`XX)
Winton Solcm
9I9/89(i-7(X )7
Pollution Prevention Pays
I'.U H )`)5i?. Ralcigh. North Carolina 27,)26 {)53?, Iclchhcmc 9197337(11
A" I qual Up??mun:;•; Alhm,a;:.,: A, n-: i •,i,6-"'
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
NORTH CAROLINA
Catawba Count
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 .0500
Environmental Management Regulations in 15 NCAC 211on the 15 day
to Charles Coley pursuant to an application filed
of November, 1991 to construct a private residential marina in
0.6 acres of wetlands near the Catawba River.
.The Application provides adequate assurance that the
discharge of fill material into the waters of wetlands near the
Catawba River in conjunction with the proposed marina in Catawba
County will not result inua?neslonThof applicable Water erePore, the. State of
standards and discharge gdel
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. Vegetation - three permanent circular plots shall
be located in each mitigation area. The centers
of these plots shall be located with a permanent
marker and surveyed. Plots shall be one meter
3
radius for herbs, 2 meter radius for shrubs,
meter radius for saplings and 10 meter radius for
trees. Herbs shall be recorded by percent cover
by species. The number of stems by species shall
be counted forshrubs, eightpshagl alsotrees.
rec rded.
diameter at breast
Intensive vegetation monitoring shall be done at
the permanent plots in the spring and fall one
year after mitigation is done and five years after
mitigation. Survival of planted trees and shrubs
shall also be noted annually.
3. Soils - Soil color, hue and chroma shall be
determined at 10 randomly chosen locations in each
mitigation areas. Data shall be collected in the
spring and fall for each year for five years.

4. Hydrology - Groundwater hydrology shall be
monitored monthly at three wells in each
mitigation area during the first year. In
addition, data shall be collected continuously at
one station in mitigation area C for the first
year of mitigation. After the first year,
groundwater levels shall be'recorded during the
spring and fall of.the next four years.
5. Reporting - Monitoring shall be done for five
years after construction of the dams. Reports
shall be sent to DEM, Central Office by January 1
of each year.
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 6 day of March, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
eo ge T. Everett, irector
L
WQC# 2699
i
• -+ ems. SGVFo?
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Mi. Charles Coley
P.O. Box 307
Blowing Rock, NC 28605
Dear Mr. Coley:
March 6, 1992
George T. Everett, Ph.D.
Director
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed residential marina
Project #91834, COE #199100014
Catawba County
Attached hereto is a copy of Certification No. 2699 issued
to Mr. Charles Coley dated March 6, 1992.
If we can be of further assistance, do not hesitate to
contact us.
Attachments
Sincerely,-
e rge T. Everett
1
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Mooresville DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
REGIONAL OFFICES
A%heville Fayetteville Moore,ville Raleigh Watihington Wilmington
704/251-6208 919/486-1541 704/663-1699 919/571-47(X) 91W946-6481 919/391-39(X1
Winston-Salem
919/896-7(X)7
Pollution Prevention Pays
1'.0. Box 29535. Raleigh, North Carolina 276200535 Telephone [phone]
An hpol Opl>. m itv :Vfinn.,mc ,4 a,:; npl
., r
NORTH CAROLINA
Catawba 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 Charles Coley pursuant to an application filed on the 15 day
of November, 1991 to construct a private residential marina in
0.6 acres of wetlands near the Catawba River.
The Application provides adequate assurance that the
discharge of fill material into the waters of wetlands near the
Catawba River in conjunction with the proposed marina in Catawba
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. Vegetation - three permanent circular plots shall
be located in each mitigation area. The centers
of these plots shall be located with a permanent
marker and surveyed. Plots shall be one meter
radius for herbs, 2 meter radius for shrubs, 3
meter radius for saplings and 10 meter radius for
trees. Herbs shall be recorded by percent cover
by species. The number of stems by species shall
be counted for shrubs, saplings and trees. Tree
diameter at breast height shall also be recorded.
Intensive vegetation monitoring shall be done at
the permanent plots in the spring and fall one
year after mitigation is done and five years after
mitigation. Survival of planted trees and shrubs
shall also be noted annually.
3. Soils - Soil color, hue and chroma shall be
determined at 10 randomly chosen locations in each
mitigation areas. Data shall. be collected in the
spring and fall for each year for five years.

4. Hydrology - Groundwater hydrology shall be
monitored monthly at three wells in each
mitigation area during the first year. In
addition, data shall be collected continuously at
one station in mitigation area C for the first
year of mitigation. After the first year,
groundwater levels shall be recorded during the
spring and fall of the next four years.
5. Reporting - Monitoring shall be done for five
years after construction of the dams. Reports
shall be sent to DEM, Central Office by January 1
of each year.
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 6 day of March, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
eoLge T. Everett, irector
WQC# 2699
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George T Everett, Ph.D.
William W. Cobey, Jr., Secretary March 6, 1992 Director
Mr. Charles Coley
P.O. Box 307
Blowing Pock, NC 28605
Dear Mr. Coley:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed residential marina
Project #91834, COE #199100014
Catawba County
Attached hereto is a copy of Certification No. 2699 issued
to Mr. Charles Coley dated March 6, 1992.
If we can be of further assistance, do not hesitate to
contact us.
Attachments
sincerely,
` e rge T. Everett
I
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Mooresville DEM Regional Office
Mr. John Dorney
Mr, John Parker
Central Files
REGIONAL OFFICES
Asheville Fayetteville Moorewille Raleigh \C'ashington
704/251-6208 919/486-1541 704/663-16913 9191571-47(X) 919/946-61481
Wilminy,Kon Winston-Salem
919/395-39(X) 919/896-7(X)7
Pollution Prevention Pays
RO_ Box 29535. Raleigh, North Carolina 270204M5 ; "Iclephonc 919-733-7015

NORTH CAROLINA
Catawba 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 Charles Coley pursuant to an application filed on the 15 day
of November, 1991 to construct a private residential marina in
0.6 acres of wetlands near the Catawba River.
The Application provides adequate assurance that the
discharge of fill material into the waters of wetlands near the
Catawba River in conjunction with the proposed marina in Catawba
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. Vegetation - three permanent circular plots shall
be located in each mitigation area. The centers
of these plots shall be located with a permanent
marker and surveyed. Plots shall be one meter
radius for herbs, 2 meter radius for shrubs, 3
meter radius for saplings and 10 meter radius for
trees. Herbs shall be recorded by percent cover
by species. The number of stems by species shall
be counted for shrubs, saplings and trees. Tree
diameter at breast height shall also be recorded.
Intensive vegetation monitoring shall be done at
the permanent plots in the spring and fall one
year after mitigation is done and five years after
mitigation. Survival of planted trees and shrubs
shall also be noted annually.
3. Soils - Soil color, hue and chroma shall be
determined at 10 randomly chosen locations in each
mitigation areas. Data shall be collected in the
spring and fall for each year for five years.
4. Hydrology - Groundwater hydrology shall be
monitored monthly at three wells in each
mitigation area during the first year. In
addition, data shall be collected continuously at
one station in mitigation area C for the first
year of mitigation. After the first year,
groundwater levels shall be recorded during the
spring and fall of the next four years.
5. Reporting - Monitoring shall be done for five
years after construction of the dams. Reports
shall be sent to DEM, Central Office by January 1
of each year.
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 6 day of March, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
1 ?
eo ge T. Everett, irector
WQC# 2699
P North Carolina Wildlife Resources Commission 9
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
January 7, 1992 -'U rr ,
f <
Mr. G. Wayne Wright
Chief, Regulatory Branch
Wilmington District
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
SUBJECT: Revised mitigation plans for Action ID. 199100014 by
Mr. Charles R. Coley to compensate for wetlands lost
during excavation of a private residential marina at
Catawba, Catawba County.
Dear Mr. Wright:
The North Carolina Wildlife Resources Commission (NCWRC) has
reviewed the information provided by Mr. Charles R. Coley, and
biological field staff conducted site visits October 26, 1990 and
February 3 and 26, 1991. 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.).
Since the original public notice was issued on October 11,
1990, Mr. Coley has modified the project to.minimize impacts to
wetlands. The original marina basin in the larger unnamed
tributary has been modified to accommodate 152 boat slips rather
than 200, with the main channel of the Catawba River being
utilized for some of the slips and part of an uplands field of
kudzu to be excavated for the basin. An additional basin will be
excavated in a smaller unnamed tributary to accommodate 35 boat
slips. These modifications will result in the loss of 0.6 acre
of forested wetlands at the major marina basin rather than a loss
of 2.5 acres as originally proposed. Work in the smaller basin
does not involve wetlands.
Mr. Coley has identified three sites where wetlands can be
created to compensate for the loss of 0.6 acre of forested
wetlands. Wetlands will be created by constructing one or two-
foot rock dams in the unnamed tributaries to create wide, shallow
pools. Plans show Mitigation Areas A and B to be located on the
smaller unnamed tributary upstream of the small marina and
Mitigation Area C to be located upstream of the major marina on
that tributary. Two or three ponds will be created at each site
for a total of 0.6 acre of new wetlands. Shorelines of the
wetlands will be planted with trees (Aces rubrum, Betula nigra),
shrubs (Sambucus albus, Cornus alba, Myrica cerifera,
Philadelphus coronarius), and grasses (Panicum virgatum, foxtail
millett, and K-31 tall fescue). Grasses will be planted in the
fall, while trees and shrubs will be planted in the spring.
Mitigation areas will be monitored on a monthly basis for the
first year of growth, and dead plants will be replaced during
this time. These areas will continue to be monitored after one
year by a groundskeeping entity under control of a property
owner's association.
The NCWRC does not object to the project and the mitigation
plan as proposed. We request access for NCWRC personnel to the
mitigation areas once work is completed so'that we may also
evaluate the success of the project.
Sincerely,
Dennis Stewart, Manager
Habitat Conservation Program
DLS/lp
cc: Ms. Stephanie Goudreau, Mt. Region Habitat Biologist
Mr. Chris Goudreau, District 8 Fisheries Biologist
Mr. Jack Mason, District 8 Wildlife Biologist
Mr. Steve Lund, USACOE
. John Dorney, DEM
Mr. Allen Ratzlaff, USFWS, Asheville
el"
STAT[
•? Ouun Mks
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary February 24, 1992 Director
Mr. Arthur Oldham
Oldham Planning and Design Associates, Inc.
500 East Boulevard, Suite Two
Charlotte, North Carolina 28203
Dear Mr. Oldham:
Re: Charles Coley Project
Catawba County
DEM # 91834, COE # 199100014
q/ 01
Below is an outline of our proposed mitigation plan for Mr.
Coley's project. Our concerns generally relate to the monitoring
outlined in your August 23, 1991 letter to Steve Lund.
I. Vegetation - three permanent circular plots shall be
located in each mitigation area. The centers of these
plots shall be located with a permanent marker and
surveyed. Plots shall be one meter radius for herbs, 2
meter radius for shrubs, 3 meter radius for saplings
and 10 meter radius for trees. Herbs shall be recorded
by percent cover by species. The number of stems by
species shall be counted for shrubs, saplings and
trees. Tree diameter at breast height shall also be
recorded.
Intensive vegetation monitoring shall be done at the
permanent plots in the spring and fall one year after
mitigation is done and five years after mitigation.
Survival of planted trees and shrubs shall also be
noted annually.
II. Soils - Soil color, hue and chroma shall be determined
at 10 randomly chosen locations in each mitigation
areas. Data shall be collected in the spring and fall
for each year for five years.
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
r .4
Mr. Arthur Oldham
February 24, 1992
Page Two
III. Hydrology - Groundwater hydrology shall be monitored
monthly at three wells in each mitigation area during
the first year. In addition, data shall be collected
continuously at one station in mitigation area C for
the first year of mitigation. After the first year,
groundwater levels shall be recorded during the spring
and fall of the next four years.
IV. Reporting - Monitoring shall be done for five years
after construction of the dams. Reports shall be sent
to DEM, Central Office by January 1, ] of each year.
Please review these thoughts with Mr. Coley. If they are
acceptable, I can issue the 401 Certification as soon as
possible. I can be reached at our new phone number (919-733-
1786).
Sincerely,
Vf
JJ PnR..bDDorney
JRD/kls
Oldham.ltr/Vo1.1WP
cc: Steve Lund, COE
Ron Ferrell, DEM
Mike Parker, MRO \
0
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID. 199100014
November 8, 1991
Mr. John Dorney
NC Department of Environment,
Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street
Raleigh, North Carolina 27604
Dear Mr. Dorney:
S: January 7, 1992
NOV 1991
AVER QUAI ITY
!n Manning Brancr:
On October 11, 1990 we announced by public notice the application of
Mr. Charles R. Coley for a Department of the Army permit to temporarily
discharge fill material into wetlands adjacent to the Catawba River
incidental to the excavation of a private residential marina at Catawba,
Catawba County, North Carolina.
In response to agency concerns and denial of the Section 401 Water
Quality Certification by the North Carolina Division of Environmental
Management, Mr. Coley has submitted revised plans. These new plans include
a modified basin configuration for improved water circulation and a proposal
to compensate for the loss of the approximate .6 acres of wetlands within
the proposed excavation area. Please review the enclosed plans as well as
the narrative regarding establishment of the mitigation areas and provide us
with any comments and/or certifications within 60 days of the date of this
letter.
If you have any questions, please contact Mr. Steven Lund, Asheville
Regulatory Field Office, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosures
Copy Furnished (without enclosures):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

r
August 23, 1491
Mr. Steve Luna
Regulatory Field Office
Army Corps of Engineers
37 Battery Park Avenue
Ashville, N.C. 28801
Dear Mr. Lund:
Based upon a req,aest to Mr. Charles Coley for additional
information concerning marina excavation by Mr. G. Wayne
Wright, Chief of the Regulatory Branch; we have prepared the
necessary documentation which you will find attached. in
response to specific questions in Mr. Wright's letter which
cannot be shown graphically, we have provided the following
text:
1. The amount of material to be excavated is 30,000 cubic
yards. The type of material is alluvial. The method of
material handling in terms of equipment to be used
is a backhoe, draglines and trucks for hauling. The
location of a material retention area is indicated on
the Site Plan. The area will be isolated by silt-
retention fencing which will be placed on site U?tilizing
appropriate, acceptable management practices for the
erection of such containment measures.
2. Bed Preparation for proposed vegetation will be composed
of the following:
A. 18" - •,411 organic "compro" base soil over the cut,
shaped grade. The 18" - ?at' application will be mixed
with sand.
B. Seeding of grasses will be in the fall. Planting of
shruzbs and trees will occur in early spring.
All
i _
plantings will have a temporary saucer of 3" in height
established around each hole. F" of crowned, hand-
tamped backfill will be placed around each plant. All
planting pits will be twice the size of the container;
for each plant.
C. Fertilizer applications will occur in the fall for
seeded grasses and will consist of a time-release 10-24-
10 fertilizer. A second application wlil occur thi P_.
following spring if required. Fertilizer applications
Oldham Planning & Design Associates, Inc.
Land Planning • Site Design • Landscape Architecture • Feasibility Analyses
500 Eau Boulevard Suite Two
Charlotte, NC 28203
(704) 3-i2-1919
FAX [phone]
61

Denver, CO • Charlotte. NC
Mr. Steve Lund
August 26, 1991
for planted materials will occur in spring and will
consist of time-release 12-6-6 fertilizer. A second
application will occur during the following mid-summer
if required.
D. All introduced mitigation areas will he monitored on
a monthly basic throughout the first year of growth to
determine health, stability and success of permanent
establishment of materials. Any unsuccessful materials p
will he replaced. Thereafter, methods of preservation
to ensure permanency will include continual monitoring,
maintenance and any necessary re-fertilization or (? Q s
replacement planting by a groundckeeping entity under
the ausnicec and control of a property owners
association.
All other rec_,.uested information appears on the attached
drawings. If there is any further information which you
require, please do not hesitate to contact our office at df??
your earliest convenience. ? La
Sincerely,
x z (U
Arthur H. Oldham
a
President
6A,
?I?
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N.C. DEPT. OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
P.O. Box 27687
Raleigh, N.C. 27611
Water Quality Section
I FAX: [phone]F
TELECOPY TO:
?Z?-
FAXNWMBER: ( 0 q -- ( C)'(?)e?
FROM: PHONE:_i=L!
NO. OF PAGES INCLUDING THIS SHEET:
COhSlENTS: 4-u C
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TRANSMISSION REPORT
( MAR 86 '93 81:39PM )

* DATE START REMOTE TERMINAL MODE TIME RESULTS TOTAL DEPT. FILE
CODE NO.
TIME IDENTIFICATION

MAR 86 81:37PM COE-ASHEVILLE G3E>ST 81'18" OK 04

IL
rte. N.C. DEPT. OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
P.O. Box 27687
Raleigh, N.C. 27611
Water Quality Section
FAX,: (0-1 9)p"34) ? -
=COPY TO: C k
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FAX NUMBER: D l 5 ?R'191
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( MAR 06 '92 01:34PM )
DATE START REMOTE TERMINAL MODE TIME RESULTS TOTAL DEPT. FILE
TIME IDENTIFICATION PAGES CODE NO.
'
MAR 06 01:32PM COLEY_&_ASSOC, G3E>ST 01'17" OK 04
State of North Carolina
TELECOPY TO:
Division of Environmental Management
P.O. Box 29535
Raleigh, NC 27626-0535
Department of Environment, Health, and Natural Resources
FAX NUMBER:
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----
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s CHARLES R. COLEY
P.O. BOX 307
BLOWING ROCK, NC 28605
[phone] FAX [phone]
August 18, 1992
wf1(gIVD
Mr. John Dorney ?ATf? UN N GSfC
NC Dept. of Environment, Health and Natural Resources
512 N. Salisbury St.
Raleigh, NC 27611
Dear John:
Enclosed are copies of information I am providing to Steve Lund
concerning the dredging in the river.
If you have any questions concerning the information, don't
hesitate to contact me.
Very NL truly yours,
13--
Charles R. Coley
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