HomeMy WebLinkAbout20201097 Ver 1_401 Application_20191219DWR
Olrlslon of Water Resources
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
C Yes r No
Change only if needed.
BIMS # Assigned
20201097
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Select Project Reviewer*
Amy Annino:eads\amannino
Information for Initial Review
1a. Name of project:
Lake Lure Boardwalk and Marina
1a. Who is the Primary Contact?*
Dean Givens
1b. Primary Contact Email:*
loa@to,Anoflakelure.com
Date Submitted
12/19/2019
Nearest Body of Water
Lake Lure
Basin
Broad
Water Classification
B; Tr
Site Coordinates
Latitude:
35.433471
A. Processing Information
County (or Counties) where the project is located:
Rutherford
Is this a NCDMS Project
r Yes r No
Longitude:
-82.229393
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Version#*
1
Reviewing Office*
Asheville Regional Office - (828) 296-4500
1c. Primary Contact Phone:*
(828)625-9983
V
1b. What type(s) of permit(s) do you wish to seek authorization?
r Nationwide Permit (NWP)
W Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Regional General Permit (RGP) Number:
RGP Numbers (for multiple RGPS):
1d. Type(s) of approval sought from the DWR:
r 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
W Individual Permit
198200030 - Work in Waters of Lakes and Reservoirs
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F- 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Town of Lake Lure
2b. Deed book and page no.:
AD 3107, AD 2272
2c. Responsible party:
Town of Lake Lure
2d.Address
Street Address
2948 Memorial Highway
Address Line 2
P.O.Box 255
city
Lake Lure
FCstal / Zip Code
28746
2e. Telephone Number:
(828)625-9983
2g. Email Address:*
townmgr@townoflakelure.com
Slate / Frmnoe / Region
NC
Country
United States
2f. Fax Number:
r- Yes r No
r Yes r- No
3. Applicant Information (if different from owner)
3a. Name:
Dean Givens
3b. Business Name:
Parks, Recreation, and Lake Department; Town of Lake Lure
3c.Address
Street Address
2948 Memorial Highway
Address Line 2
P.O. Box 255
Cib
Lake Lure
Postal / Zip Code
28746
3d. Telephone Number:
(828)625-9983
3f. Email Address:*
loa@townoflakelure.com
State / Rmince / Pagion
NC
Country
United States
3e. Fax Number:
C. Project Information and Prior Project History C^U
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Town of Lake Lure
_2. Project Identification
2a. Property Identification Number:
1648621,1647423,1609739
2c. Project Address
Street Address
2930 Memorial Highway
Address Line 2
P.O. Box 255
City
Lake Lure
Postal / Zip Code
28746
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Lake Lure
3b. Water Resources Classification of nearest receiving water:*
B; Tr
3c. What river basin(s) is your project located in?*
Broad
3d. Please provide the 12-digit HUC in which the project is located.
030501050303
4. Project Description and History
2b. Property size:
814.83
State / Bovine / Region
NC
Country
United States
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
There is currently a floating marina, previously permitted, that will be relocated as a part of this project (and enhanced with additional floating dock are and additional slips) plus an older
Town owned boardwalk and dock capable of mooring 10 water crafts. The current boardwalk/ dock is constructed of pressure treated wood and runs along the shoreline between the
Town of lake Lure Marina and the Town owned Public Access beach.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
6 Yes r- No r- Unknown
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
PCN# 2011-01783
Project History Upload
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
4f. List the total estimated acreage of all existing wetlands on the property:
.14
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:*
The relocation of the eAsting floating marina and associated dock system, rebuilding same further west along the same shoreline, increasing the number of slips. The eAsting
Boardwalk along the shoreline Will be demolished and replaced with a floating structure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
This project is to relocate and build a floating dock system, floating pedestrian walkway, and larger marina, bringing the number to boat slips 90 or 100, and replacing the eAsting
stationary boardwalk and docks with a floating boardwalk and dock to provide safer access between Morse Park/ Washburn Marina and the Lake Lure Beach and Water Park (Public
Beach Access). The new floating boardwalk and docks will also include an increase in the structures mooring capacity.
4j. Please upload project drawings for the proposed project.
ProjectDrawingst_ToLL_Marina-Boardwalk_PCN.pdf 4.22MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the propertyor proposed impact areas?*
r Yes r No Q Unknown
Comments:
Adjacent land has a small wetland area, but not near impact area.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
2009-1579
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Liz Hair
Agency/Consultant Company: USACE
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
September 4, 2009
Sd1. Jurisdictional determination upload
Determination_ToLL_Marina-Boardwalk_PCN.pdf 315.82KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
N/A
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
F Wetlands r Streams -tributaries r Buffers
W Open Waters r Pond Construction
4.Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of wat,rbody
4d. Activity type :114e.
Wate rbody type
4f. Impact area
Satellite Map
Demo/Construct
P
Lake Lure
Other
Lake
1.23
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
0.00 1.23
4g. Total open water impacts:
1.23
4h. Comments:
i E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Construction of structures will occur on land, and assembly will be facilitated with the use or boats and/or barges. Impacts to the shoreline will not
occur.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Existing floating structures to be reused will be relocated using boats and barges. Existing boardwalk pilings will be plucked from water, while lake is
down, as to reduce the disturbance to the shoreline and water quality. Replacement structure will be assembled remotely and secured using non -
driven hollow steel poles.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes f• No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Minimal disturbance to water quality.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
No. Construction will not disturb upland areas or protected buffer zones. No. Construction will not disturb upland areas or protected buffer Zones.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
u
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPAUSEPA)?*
r Yes r No
Comments:*
Project is being constructed on Town property and is small scale.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 21-1.0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r' Yes r No
3b. If you answered "no," provide a short narrative description.
Project is an installed floating structure over the waters surface creating approximately 4 % new impervious surface
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
rYes r Nor N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r- No
Sc. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
r' Yes r No
5e. Is this a DOT project located within Division's 1-87
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Spoke vdth Bryan Tompkins at the Asheville Field Office and he expressed that there are no federally endangered species or designated critical
habitat that would be disturbed by this project.
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
Contacted Andrea Leslie with NC Wildlife Resource Commission. Project area is not located in or near an area designated as essential fish habitat.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r- Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
hftp://gis.ncdcr.gov/hpov,eb/
Source does not include archaeological data
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
Project is a public floating dock and boardwalk that due to the nature of its construction Will not contribute to flooding conditions at this location by
increasing flood heights or velocities, and will not be detrimental to public health, safety and general welfare of the community.
8c. What source(s) did you use to make the floodplain determination?*
https://fris. nc.gov/fris/index.asp)OF IPS=161 &ST=NC&user=General % 2OPublic
NC Flood Risk Information System - Map
Miscellaneous U
Comments
Miscellaneous attachments not previously requested.
Resolution 19-10-08B Authorizing the Filing of an Application for Approv....pdf 103.91 KB
ProjectPacket_ToLL_Marina-Boardwalk _PCN.PDF 4.87MB
Signature U
® By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Dean Givens
Signature
Date
12/19/2019
f Location of new
r boardwalk ramp
�•. { 'A
t .
Boardwalk proposed
removal
r-,
Proposed floating
r boardwalk and
` Nil' moorings (Marina)
Removal of old
wooden boardwalk
and moorings
Shy
Town of Lake Lure
Floating Boardwalk and Marina
I
Floating section will a
be relocated to new
mooring area.
Morse Park
w.,- A
J r y
Lake Lure
Location map is approximate, but not to scale.
Please see site plan for scalable drawings.
Public Beach Access
I
THESE 3 SUPS OF EXISTING DOCK TO REMAIN
0 o THE REMAINDER OF DOCK TO BECOME DOCK C
z
3 Boat 5hps To Remain
� O
Z
J\
MARINA
EX15TING
BRICK PAVER WALK 9
CONCRETE LANDING RAMP
WITH A SLOPE <6%
�G (NEW) % Fuel Pump
HINGED TO CONCRETE LANDING O
6x30' TRAN5ITION RAMP LT
N�ll N� I FT
BEGIN FLOATING 5ECTION5
LT
e.
�! . `•. FT 40
��0 `'• Edge of Water LT ��� FT LT
LT
DF
LT
FT
• 1
Guardrail -` � �'
DF
� FT
LT
• FT LT
LT
. DP
STINGAgINA
��M 15TIN6
lr
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1
LEGEND: i
*LT= Light Towers (30)
TYPICAL EYELASH DIMENSIONS ■ FT= Fire Safety Towers (I G) FT LT LT FT LT O
(FLOATING) ♦ DP= Dry Stand Pipes (8) LT LT
LT FT
COLLAR POLE 'DP
i
ANCHORING BOTH SIDES
(TYP. EVERY OTHER FINGER) i
i 253' EXISTING
SLIP FROM EXI5TIN6 MARINA
rc-0\
IL
20' 3' ; LT
(TYP.) (TYP.) / FT
LT
DP
/ LT
FT LT
TYPICAL DRY STAND PIPE PLATFORM DIMENSIONS
'84�NE� O
LT
DP FT MAIN GANGWAY TO BE & WIDE X
LT 30' LONG FLOATING SECTIONS
4'
DP /
20' LT
Guardrail , FT
4' X 20' % '6i LT
INFILL AT ALL DP'5 / Edge of Water �61-
(DRY STAND PIPES)
(TYP.) D O
LT
FT
lLT
Rw
/ FT
DP
/ LT
/
/ FT
LT
END FLOATING SECTIONS
CONCRETE LANDING RAMP
WITH A 5LOFE <0 6x30' TRANSITION RAMP
7s (NEW)
HINGED TO CONCRETE LANDING
5hde
BRICK PAVER WALK
TO MATCH CITY LOOK �• NOTES:
(NEW) -`
THI5 IS A DRAWING FOR BIDDING $ DESIGN. NO
ENGINEERING HAS BEEN DONE FOR FL OA TING DOCK
cB SYSTEM. ALL MEASUREMENTS SHOWN ARE APPROXIMATE
TO BE DETERMINED BY BIDDERS DESIGN.
A 45' MINIMUM DISTANCE BETWEEN SLIP FINGERS AT
CLOSEST POINT
cB
EACH END MUST BE HANDICAP ACCESSIBLE
PROJECT END5
AT EDGE PAVEMENT
tt C5
LP GANG WAY SECTIONS CAN HAVE ADJUSTED LENGTHS
NOT TO EXCEED 30.
BEACH AREA
PROJECT LAKE LURE BOARDWALK MARINA
40 0 40 30 120
GRAPHIC SCALE FEET
FLOATING DOCK 992.0'
LAKE ELEVATION = 990.0'
Or
30'-0" RAMP
0
20'-0"
3/4" CHAMFER OUTSIDE EDGE MAY VARY - 20' MIN.
OF 8" THICK WALL ONLY RUBBED FINISHED OUTSIDE
AND TOP OF WALL ONLY
E T -1 T -F -T
00CNI
i
I I �
/ r
00
10'-0"
MAY VARY -10'MIN.
6' X 30' TRANSITION RAMP
ALL HORIZONTAL REBAR INSTALLED IN FOOTINGS OR IN WALL
SHALL BE BENT AROUND CORNERS AND THRU STEPS, LAPPED
A MINIMUM OF 24" AND TIED WITH AT LEAST THREE TIES
(FOOTING STEEL ONLY SHOWN HERE)
MINIMIZE ROUNDING OF TOP EDGE
OF WALL WHERE BRICK PAVERS
OR METAL RAMP JOIN WALL
3/4" CHAMFER OUTSIDE EDGE
OF 8" THICK WALL ONLY
RUBBED FINISHED OUTSIDE
AND TOP OF WALL ONLY
ELEVATION @ END OF
CONCRETE WALL = 992.0'
F
ELEVATION
SCALE 1 /2" =1'-0"
BRICK PAVERS
CRUSHED GRAVEL OR SAND
BASE FOR PAVER WALKWAY
SOIL SEPARATING FABRIC
HORIZONTAL REINFORCEMENT
#5 REBAR 12" OC, WITH (2) PCS.
AT THE TOP AS SHOWN
#57 WASHED STONE
#5 REBAR DOWEL - LENGTH VARIES
@ 12 OC. CENTERED IN WALL.
2'-6" X 12" 350OPSI CONCRETE FOOTING
#4 BARS 2'-0" LONG, 12" OC
(3) - #4 BARS IN FOOTING, 3" FROM
BOTTOM CORNERS AND CENTERED
SECTION A
RUBBED FINISHED OUTSIDE
AND TOP OF WALL ONLY
m
PLAN VIEW
SCALE 1 /211 =1'-011
'-0" 20
MAY VARY - 20' M I N .
MAX SLOPE 8%
CONCRETE LANDING RAMP
3/4" CHAMFER OUTSIDE EDGE
OF 8" THIC
Or
MINIMIZE ROUNDING OF TOP EDGE
OF WALL WHERE BRICK PAVERS
OR METAL RAMP JOIN WALL
ELEVATION TO MEET
PAVER WALKWAY
C z_
N 1 CA'Ro
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DESIGN INFORMATION (APPLIES TO ALL PAGES)
THE DESIGNS PRESENTED ON THESE DRAWINGS INCORPORATE THE FOLLOWING MINIMUM VALUES.
VERIFICATION OF THESE DESIGN REQUIREMENTS IS NOT THE RESPONSIBILITY OF THIS ENGINEER
CONCRETE (WHEN APPLICABLE) IMPORTANCE FACTORS (WHEN APPLICABLE)
MINIMUM 28 DAY COMPRESSIVE STRENGTH WIND 1.0
FOOTINGS & WALLS/SLABS 3500 / 3500 PSF SNOW 1.0
DENSITY 150 PCF SEISMIC 1.0
PERFORMING SLUMP 4 INCHES SEISMIC DESIGN (WHEN APPLICABLE)
SOIL (WHEN APPLICABLE) SEISMIC USE GROUP 1
MINIMUM SOIL BEARING PRESSURE 2000 PSF SITE CLASSIFICATION D
MINIMUM SOIL INTERNAL FRICTION ANGLE 30 DEG SPECTRAL RESPONSE
COMPACTED BACKFILL DENSITY ACCELERATION SDS 39% g, SD1 21% g
SLIDING COEFFICIENT 35u STRUCTURAL SYSTEM MOMENT FRAME
REINFORCING (WHEN APPLICABLE) SEISMIC BASE SHEAR Vx=1.1k, Vy 1.1k
ANALYSIS PROCEDURE EQVLNT LTRL FRCE
ALL REINFORCING STEEL IS TO BE ASTM A615 GRADE 60,
FABRICATED AND PLACED IN ACCORDANCE WITH ACI 318.
ALL LAPS SHALL BE A MINIMUM OF 36 BAR DIAMETERS.
GENERAL NOTES:
1. GLOBAL STABILITY AND SEISMIC LOADING HAVE BEEN CONSIDERED IN THIS DESIGN.
2. HYDROSTATIC LOADING IS CONSIDERED IN THIS ANALYSIS. SUFFICIENT DRAINAGE MUST BE PROVIDED
(PER PLAN DETAILS) SUCH THAT HYDROSTATIC LOADING IS DISSIPATED.
3. FOOTINGS SHALL NOT BEAR ON SAND. CONSULT ENGINEER IF SITE CONDITIONS DO NOT ALLOW
FOOTINGS TO BEAR ON UNDISTURBED SOIL.
4. LOCATION OF LANDING RAMPS SHALL BE FIELD DETERMINED IN CONSULTATION WITH THIS ENGINEER
AND DEAN GIVENS, Parks, Recreation and Lake Director, FOR TOWN OF LAKE LURE.
CONCRETE FINISH NOTES (SMOOTH RUBBED FINISH):
REMOVE FORMS WHILE THE CONCRETE IS GREEN, PATCH IMMEDIATELY, AND COMPLETE RUBBING NOT LATER
THAN THE FOLLOWING DAY. WET THE SURFACE AND RUB USING A CARBORUNDUM OR SIMILAR ABRASIVE
BRICK UNTIL A UNIFORM COLOR AND TEXTURE IS PRODUCED. DO NOT PROVIDE CEMENT GROUT OTHER THAN
THE PASTE DRAWN FROM THE GREEN CONCRETE BY THE RUBBING PROCESS. MINIMIZE CORNER ROUNDING
WHERE BRICK PAVERS OR METAL RAMP ARE TO JOIN CONCRETE. INSIDE FACE OF CONCRETE WALLS WHERE
BACKFILLING WILL OCCUR NEED NOT BE RUBBED.
BRICK PAVERS
CRUSHED GRAVEL OR SAND
BASE FOR PAVER WALKWAY
SOIL SEPARATING FABRIC
HORIZONTAL REINFORCEMENT - #5 REBAR 121, OC,
TIED TO VERTICAL REINFORCEMENT
#57 WASHED STONE
#5 REBAR DOWEL - LENGTH VARIES
@ 12" OC. CENTERED IN WALL.
2'-0" X 12" 350OPSI CONCRETE FOOTING
#4 BARS 1'-6" LONG, 12" OC
(2) - #4 BARS IN FOOTING, 3" FROM
BOTTOM CORNERS.
SECTION B.
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SCALE - 3/411=1'-011
SCALE - 3/411=1'-011
Flotation:
Cella foam (Permafloat) — FPS Billets — Totally enclosed with high -density polyethylene.
Polyethylene shall contain UV Ray inhibitors and Carbon Black pigment to protect against
ultraviolet deterioration. Nominal wall thickness .150. Impervious to petroleum products.
Heavy duty mounting flanges and slots. 12 year warranty.
Foam: Virgin polystyrene beads closed cell with water absorption less than 3lbs./c.f at seven
days, when tested in accordance with ASTM C272.
Dock access:
Ramp/walkways to be all aluminum construction using an arched bridge truss design. High
strength to weight ratio. Reinforcement gussets at all corners and connection points. Main
structural component to be 2" tubing with radius corners,
Handrails/Guard Rail
42" above walking surface. No sharp corners, burrs, etc.
lnfill pickets are available to improve safety if desired.
Rail shall be designed to accommodate a 250# concentrated load in any direction. Alternately
guards shall be designed to resist a load of 50# per linear foot applied in any direction.
Dock railing:
Staircase and upper deck rails meet standard code with 4" centers for safety. Powder coat
finish. Available in 3 6" to 42" height.
Roof Panels:
26 Gauge R-Panels with a Valspar Weather X coating. 30 year limited panel warranty.
Optional 35 year warranty upon request.
Trimmed out & finished upper and lower perimeter edges.
Color chart available.
Bumpers:
Vinyl Horizontal All swim platforms or edges without vertical posts shall receive a P-
shape, black rub rail fastened with stainless steel hardware.
Vinyl horizontal coiner bumpers provided at finished ends of P-shape rub rail.
Vertical - 36" vertical bumper mounted on roof support posts. Bumpers mounted inside the
slips and along outside walkways. Fastened to roof support posts using stainless steel 3/8" x
3" bolts.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 009�1579 County: Rutherford U.S.G.S. Quad: Lam
NOTIFICATION OF JURISDICTIONAL DETERAUNATION
Property Owner/Agent: Town of Lake L_ure:_A_ttn: Mr. Clint Calhoun
Address: P.O. Box 255
Labe Lure, NC 28746
Property description:
Size (acres) 19.46 acres Nearest Town Lake Lure
Nearest Waterway Lake Lure River Basin Broad
USGS HUC 03050105 Coordinates 35.435078 N/-82.228801 W
Location description This site is located to the east, of Town mall, and bordered by Lake Lure on the east and to the
south at 2930114emorial Highway. lame Lure North Carolina. 35.4 5078 N and-92.228901 W.
Indicate Which of the Following Apply:
A. Preliminary Determination
® Based on preliminary information, there may be waters and wetlands on the above described property. We strongly
suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be
considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters and wetlands on the above described property sublect to the Permit reauirements of Sgetion4
of the Clean Water Act CWA 33 USC § 1344). Unless there is a ch n e in the la or our published re Glations
this d termination may be relied upon fora Deriod not to exceed five ears from the date of this notify ation.
We strongly suggest you have the waters and wetlands on your property delineated. Due to the size of your property
and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner, For a
more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by
the Corps.
2; The waters and wetlands on your property have been delineated and the delineation has been verified by the
Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed
and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA
Jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
The waters and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on _. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the Iaw or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification,
Action Id. 2009-1579
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Liz Hair at 828-271-7980.
C. Basis For Determination
The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and is adjacent to stream channels
located on the property that exhibit indicators of ordinary high water marks. The stream channel on the property is a tributary
to Lake Lure which flows into the Broad River and ultimately flows to the Atlantic Ocean.
D. Remarks
Based on a site visit conducted onAu ust 27 2009 the threeareas identified as wetlands which lie in the flood lain of
the Broad River, total approximately 4.53 acres are iurisdictional waters of the U.S.
E. Appeals Information (Phis information applies only to approved jurisdictional determinations as indicated in
R. above)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement -with that approved
jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification
of Appeal Process (NAP) fact sheet and request for appeal (RFA) farm, If you request to appeal this determination you must
submit a completed RFA forth to the following address:
District Engineer, Wilmington Regulatory Program
Attn: Liz Hair, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by November 4, 2009.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. * *
Corps Regulatory Official: Liz Hair
Issue Date: September 4, 2009 Expiration Date: September 4, 2014
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Pa
Applicant: Town of Labe Lure; Attn: Mr.
File Number: 2009-1579
Date: September 4, 2009
Clint Calhoun
Attached
is:
See Section below
INITIAL PROFFERED PERMIT (Standard. Permit or Letter of
A
permission)
PROFFERED PERMIT Standard Permit or Letter of ermission
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
Ell TON e foRowng z ntifie yob ;ri ghts and oohs regardg an admustrative appeal of the abrt�e ;
dec�icn. „dtioalWar:roatton tinay be found afi;h llz�vww usace'arm .nullnetlfiuictiirrslci�vlcecvohe sir
E
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LAP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer, Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL; You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer
within. 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD, Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps " "
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
If you have questions regarding this decision
If you only have questions regarding the appeal process you
and/or the appeal process you may contact:
may also contact:
Liz Hair, Project Manager
Mr. Michael F. Bell, Administrative Appeal Review
USACE, Asheville Regulatory Field Office
Officer
151 Patton Ave
CESAD-ET-CO-R
RM 208
U.S. Army Corps of Engineers, South Atlantic Division
Asheville, NC 28806
60 Forsyth Street, Room 9M 15
828-271-7980
Georgia 30303-8801
-----I.Atlanta,
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all. site
invesq �ations.
Date:
Telephone number:
I
1 Signature of appellant or agent,
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this
form to:
District Engineer, Wilmington Regulatory Division, Attn: Liz Hair, Project Manager, Asheville
Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801.
4
RESOLUTION NO. 19-10-08B
A RESOLUTION OF THE TOWN COUNCIL OF TOWN OF LAKE LURE,
NORTH CAROLINA, AUTHORIZING THE FILING OF AN APPLICATION
FOR APPROVAL OF FINANCING AGREEMENT AUTHORIZED BY NCGS
160A-20.
WHEREAS, the Town of Lake Lure desires to finance marina expansion and
boardwalk replacement; and
WHEREAS, the Town of Lake Lure desires to finance these improvements by
the use of an installment contract authorized under North Carolina General Statute 160A,
Article 3, Section 20; and
WHEREAS, Findings of Fact by this governing body must be presented to
enable the North Carolina Local Government Commission to make its Finding of Fact set
forth in North Carolina General Statue 159, Article 8, Section 151 prior to approval of the
proposed contract;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Lake Lure, North Carolina, meeting in regular session on October 8, 2019, that the
said Council makes the following FINDINGS OF FACT:
1. The proposed con ract is for the purpose of financing $1.1 million for
marina expansion and boardwalk replacement by the Town of Lake Lure.
2. The proposed contract is preferable to a bond issue because: 1) the total
costs of the financing are not sufficient to warrant the expenses involved
in a General Obligation Bond issue; 2) The proposed project is too
expensive to be funded through current revenues and/or fund balance, thus
the installment contract method of financing proves to be the best
alternative for the Town of Lake Lure; and 3) the desired term of the
financing is ten years, thereby making bonds a less desirable alternative.
3. The sum to fall due under contract will be adequate and not excessive for
the proposed purpose and the rate of interest will be approximately the
same or lower than that of a general obligation bond issue, when
considering total costs involved in a referendum, legal expenses, insurance
etc.
4. The Town of Lake Lure's debt management procedures and policies are
acceptable. The Town adheres to its Budget Ordinance, has a history of
timely debt obligation payments, and maintains an acceptable level of
unappropriated fund balance. The Town Manager and Finance Officer
constantly monitor the Town's fiscal structure and periodically report the
financial condition to the Town Council.
5. The Town of Lake Lure is not in default in meeting its debt service
obligations.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Manager
is hereby authorized to act on behalf of the Town of Lake Lure in filing an
application with the North Carolina Local Government Commission for approval
of the Financing and other actions not inconsistent with resolution.
This Resolution is effective upon its adoption this 81h day of October,
2019.
Michelle Jolley
Town Clerk
LZ
Carol C. Pritchett
Mayor
f Location of new
r boardwalk ramp
�•. { 'A
t .
Boardwalk proposed
removal
r-,
Proposed floating
r boardwalk and
` Nil' moorings (Marina)
Removal of old
wooden boardwalk
and moorings
Shy
Town of Lake Lure
Floating Boardwalk and Marina
I
Floating section will a
be relocated to new
mooring area.
Morse Park
w.,- A
J r y
Lake Lure
Location map is approximate, but not to scale.
Please see site plan for scalable drawings.
Public Beach Access
I
THESE 3 SUPS OF EXISTING DOCK TO REMAIN
0 o THE REMAINDER OF DOCK TO BECOME DOCK C
z
3 Boat 5hps To Remain
� O
Z
J\
MARINA
EX15TING
BRICK PAVER WALK 9
CONCRETE LANDING RAMP
WITH A SLOPE <6%
�G (NEW) % Fuel Pump
HINGED TO CONCRETE LANDING O
6x30' TRAN5ITION RAMP LT
N�ll N� I FT
BEGIN FLOATING 5ECTION5
LT
e.
�! . `•. FT 40
��0 `'• Edge of Water LT ��� FT LT
LT
DF
LT
FT
• 1
Guardrail -` � �'
DF
� FT
LT
• FT LT
LT
. DP
STINGAgINA
��M 15TIN6
lr
E�'
1
LEGEND: i
*LT= Light Towers (30)
TYPICAL EYELASH DIMENSIONS ■ FT= Fire Safety Towers (I G) FT LT LT FT LT O
(FLOATING) ♦ DP= Dry Stand Pipes (8) LT LT
LT FT
COLLAR POLE 'DP
i
ANCHORING BOTH SIDES
(TYP. EVERY OTHER FINGER) i
i 253' EXISTING
SLIP FROM EXI5TIN6 MARINA
rc-0\
IL
20' 3' ; LT
(TYP.) (TYP.) / FT
LT
DP
/ LT
FT LT
TYPICAL DRY STAND PIPE PLATFORM DIMENSIONS
'84�NE� O
LT
DP FT MAIN GANGWAY TO BE & WIDE X
LT 30' LONG FLOATING SECTIONS
4'
DP /
20' LT
Guardrail , FT
4' X 20' % '6i LT
INFILL AT ALL DP'5 / Edge of Water �61-
(DRY STAND PIPES)
(TYP.) D O
LT
FT
lLT
Rw
/ FT
DP
/ LT
/
/ FT
LT
END FLOATING SECTIONS
CONCRETE LANDING RAMP
WITH A 5LOFE <0 6x30' TRANSITION RAMP
7s (NEW)
HINGED TO CONCRETE LANDING
5hde
BRICK PAVER WALK
TO MATCH CITY LOOK �• NOTES:
(NEW) -`
THI5 IS A DRAWING FOR BIDDING $ DESIGN. NO
ENGINEERING HAS BEEN DONE FOR FL OA TING DOCK
cB SYSTEM. ALL MEASUREMENTS SHOWN ARE APPROXIMATE
TO BE DETERMINED BY BIDDERS DESIGN.
A 45' MINIMUM DISTANCE BETWEEN SLIP FINGERS AT
CLOSEST POINT
cB
EACH END MUST BE HANDICAP ACCESSIBLE
PROJECT END5
AT EDGE PAVEMENT
tt C5
LP GANG WAY SECTIONS CAN HAVE ADJUSTED LENGTHS
NOT TO EXCEED 30.
BEACH AREA
PROJECT LAKE LURE BOARDWALK MARINA
40 0 40 30 120
GRAPHIC SCALE FEET
FLOATING DOCK 992.0'
LAKE ELEVATION = 990.0'
Or
30'-0" RAMP
0
20'-0"
3/4" CHAMFER OUTSIDE EDGE MAY VARY - 20' MIN.
OF 8" THICK WALL ONLY RUBBED FINISHED OUTSIDE
AND TOP OF WALL ONLY
E T -1 T -F -T
00CNI
i
I I �
/ r
00
10'-0"
MAY VARY -10'MIN.
6' X 30' TRANSITION RAMP
ALL HORIZONTAL REBAR INSTALLED IN FOOTINGS OR IN WALL
SHALL BE BENT AROUND CORNERS AND THRU STEPS, LAPPED
A MINIMUM OF 24" AND TIED WITH AT LEAST THREE TIES
(FOOTING STEEL ONLY SHOWN HERE)
MINIMIZE ROUNDING OF TOP EDGE
OF WALL WHERE BRICK PAVERS
OR METAL RAMP JOIN WALL
3/4" CHAMFER OUTSIDE EDGE
OF 8" THICK WALL ONLY
RUBBED FINISHED OUTSIDE
AND TOP OF WALL ONLY
ELEVATION @ END OF
CONCRETE WALL = 992.0'
F
ELEVATION
SCALE 1 /2" =1'-0"
BRICK PAVERS
CRUSHED GRAVEL OR SAND
BASE FOR PAVER WALKWAY
SOIL SEPARATING FABRIC
HORIZONTAL REINFORCEMENT
#5 REBAR 12" OC, WITH (2) PCS.
AT THE TOP AS SHOWN
#57 WASHED STONE
#5 REBAR DOWEL - LENGTH VARIES
@ 12 OC. CENTERED IN WALL.
2'-6" X 12" 350OPSI CONCRETE FOOTING
#4 BARS 2'-0" LONG, 12" OC
(3) - #4 BARS IN FOOTING, 3" FROM
BOTTOM CORNERS AND CENTERED
SECTION A
RUBBED FINISHED OUTSIDE
AND TOP OF WALL ONLY
m
PLAN VIEW
SCALE 1 /211 =1'-011
'-0" 20
MAY VARY - 20' M I N .
MAX SLOPE 8%
CONCRETE LANDING RAMP
3/4" CHAMFER OUTSIDE EDGE
OF 8" THIC
Or
MINIMIZE ROUNDING OF TOP EDGE
OF WALL WHERE BRICK PAVERS
OR METAL RAMP JOIN WALL
ELEVATION TO MEET
PAVER WALKWAY
C z_
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DESIGN INFORMATION (APPLIES TO ALL PAGES)
THE DESIGNS PRESENTED ON THESE DRAWINGS INCORPORATE THE FOLLOWING MINIMUM VALUES.
VERIFICATION OF THESE DESIGN REQUIREMENTS IS NOT THE RESPONSIBILITY OF THIS ENGINEER
CONCRETE (WHEN APPLICABLE) IMPORTANCE FACTORS (WHEN APPLICABLE)
MINIMUM 28 DAY COMPRESSIVE STRENGTH WIND 1.0
FOOTINGS & WALLS/SLABS 3500 / 3500 PSF SNOW 1.0
DENSITY 150 PCF SEISMIC 1.0
PERFORMING SLUMP 4 INCHES SEISMIC DESIGN (WHEN APPLICABLE)
SOIL (WHEN APPLICABLE) SEISMIC USE GROUP 1
MINIMUM SOIL BEARING PRESSURE 2000 PSF SITE CLASSIFICATION D
MINIMUM SOIL INTERNAL FRICTION ANGLE 30 DEG SPECTRAL RESPONSE
COMPACTED BACKFILL DENSITY ACCELERATION SDS 39% g, SD1 21% g
SLIDING COEFFICIENT 35u STRUCTURAL SYSTEM MOMENT FRAME
REINFORCING (WHEN APPLICABLE) SEISMIC BASE SHEAR Vx=1.1k, Vy 1.1k
ANALYSIS PROCEDURE EQVLNT LTRL FRCE
ALL REINFORCING STEEL IS TO BE ASTM A615 GRADE 60,
FABRICATED AND PLACED IN ACCORDANCE WITH ACI 318.
ALL LAPS SHALL BE A MINIMUM OF 36 BAR DIAMETERS.
GENERAL NOTES:
1. GLOBAL STABILITY AND SEISMIC LOADING HAVE BEEN CONSIDERED IN THIS DESIGN.
2. HYDROSTATIC LOADING IS CONSIDERED IN THIS ANALYSIS. SUFFICIENT DRAINAGE MUST BE PROVIDED
(PER PLAN DETAILS) SUCH THAT HYDROSTATIC LOADING IS DISSIPATED.
3. FOOTINGS SHALL NOT BEAR ON SAND. CONSULT ENGINEER IF SITE CONDITIONS DO NOT ALLOW
FOOTINGS TO BEAR ON UNDISTURBED SOIL.
4. LOCATION OF LANDING RAMPS SHALL BE FIELD DETERMINED IN CONSULTATION WITH THIS ENGINEER
AND DEAN GIVENS, Parks, Recreation and Lake Director, FOR TOWN OF LAKE LURE.
CONCRETE FINISH NOTES (SMOOTH RUBBED FINISH):
REMOVE FORMS WHILE THE CONCRETE IS GREEN, PATCH IMMEDIATELY, AND COMPLETE RUBBING NOT LATER
THAN THE FOLLOWING DAY. WET THE SURFACE AND RUB USING A CARBORUNDUM OR SIMILAR ABRASIVE
BRICK UNTIL A UNIFORM COLOR AND TEXTURE IS PRODUCED. DO NOT PROVIDE CEMENT GROUT OTHER THAN
THE PASTE DRAWN FROM THE GREEN CONCRETE BY THE RUBBING PROCESS. MINIMIZE CORNER ROUNDING
WHERE BRICK PAVERS OR METAL RAMP ARE TO JOIN CONCRETE. INSIDE FACE OF CONCRETE WALLS WHERE
BACKFILLING WILL OCCUR NEED NOT BE RUBBED.
BRICK PAVERS
CRUSHED GRAVEL OR SAND
BASE FOR PAVER WALKWAY
SOIL SEPARATING FABRIC
HORIZONTAL REINFORCEMENT - #5 REBAR 121, OC,
TIED TO VERTICAL REINFORCEMENT
#57 WASHED STONE
#5 REBAR DOWEL - LENGTH VARIES
@ 12" OC. CENTERED IN WALL.
2'-0" X 12" 350OPSI CONCRETE FOOTING
#4 BARS 1'-6" LONG, 12" OC
(2) - #4 BARS IN FOOTING, 3" FROM
BOTTOM CORNERS.
SECTION B.
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SCALE - 3/411=1'-011
SCALE - 3/411=1'-011
Flotation:
Cella foam (Permafloat) — FPS Billets — Totally enclosed with high -density polyethylene.
Polyethylene shall contain UV Ray inhibitors and Carbon Black pigment to protect against
ultraviolet deterioration. Nominal wall thickness .150. Impervious to petroleum products.
Heavy duty mounting flanges and slots. 12 year warranty.
Foam: Virgin polystyrene beads closed cell with water absorption less than 3lbs./c.f at seven
days, when tested in accordance with ASTM C272.
Dock access:
Ramp/walkways to be all aluminum construction using an arched bridge truss design. High
strength to weight ratio. Reinforcement gussets at all corners and connection points. Main
structural component to be 2" tubing with radius corners,
Handrails/Guard Rail
42" above walking surface. No sharp corners, burrs, etc.
lnfill pickets are available to improve safety if desired.
Rail shall be designed to accommodate a 250# concentrated load in any direction. Alternately
guards shall be designed to resist a load of 50# per linear foot applied in any direction.
Dock railing:
Staircase and upper deck rails meet standard code with 4" centers for safety. Powder coat
finish. Available in 3 6" to 42" height.
Roof Panels:
26 Gauge R-Panels with a Valspar Weather X coating. 30 year limited panel warranty.
Optional 35 year warranty upon request.
Trimmed out & finished upper and lower perimeter edges.
Color chart available.
Bumpers:
Vinyl Horizontal All swim platforms or edges without vertical posts shall receive a P-
shape, black rub rail fastened with stainless steel hardware.
Vinyl horizontal coiner bumpers provided at finished ends of P-shape rub rail.
Vertical - 36" vertical bumper mounted on roof support posts. Bumpers mounted inside the
slips and along outside walkways. Fastened to roof support posts using stainless steel 3/8" x
3" bolts.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 009�1579 County: Rutherford U.S.G.S. Quad: Lam
NOTIFICATION OF JURISDICTIONAL DETERAUNATION
Property Owner/Agent: Town of Lake L_ure:_A_ttn: Mr. Clint Calhoun
Address: P.O. Box 255
Labe Lure, NC 28746
Property description:
Size (acres) 19.46 acres Nearest Town Lake Lure
Nearest Waterway Lake Lure River Basin Broad
USGS HUC 03050105 Coordinates 35.435078 N/-82.228801 W
Location description This site is located to the east, of Town mall, and bordered by Lake Lure on the east and to the
south at 2930114emorial Highway. lame Lure North Carolina. 35.4 5078 N and-92.228901 W.
Indicate Which of the Following Apply:
A. Preliminary Determination
® Based on preliminary information, there may be waters and wetlands on the above described property. We strongly
suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be
considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters and wetlands on the above described property sublect to the Permit reauirements of Sgetion4
of the Clean Water Act CWA 33 USC § 1344). Unless there is a ch n e in the la or our published re Glations
this d termination may be relied upon fora Deriod not to exceed five ears from the date of this notify ation.
We strongly suggest you have the waters and wetlands on your property delineated. Due to the size of your property
and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner, For a
more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by
the Corps.
2; The waters and wetlands on your property have been delineated and the delineation has been verified by the
Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed
and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA
Jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
The waters and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on _. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the Iaw or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification,
Action Id. 2009-1579
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Liz Hair at 828-271-7980.
C. Basis For Determination
The site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and is adjacent to stream channels
located on the property that exhibit indicators of ordinary high water marks. The stream channel on the property is a tributary
to Lake Lure which flows into the Broad River and ultimately flows to the Atlantic Ocean.
D. Remarks
Based on a site visit conducted onAu ust 27 2009 the threeareas identified as wetlands which lie in the flood lain of
the Broad River, total approximately 4.53 acres are iurisdictional waters of the U.S.
E. Appeals Information (Phis information applies only to approved jurisdictional determinations as indicated in
R. above)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement -with that approved
jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification
of Appeal Process (NAP) fact sheet and request for appeal (RFA) farm, If you request to appeal this determination you must
submit a completed RFA forth to the following address:
District Engineer, Wilmington Regulatory Program
Attn: Liz Hair, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by November 4, 2009.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. * *
Corps Regulatory Official: Liz Hair
Issue Date: September 4, 2009 Expiration Date: September 4, 2014
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Pa
Applicant: Town of Labe Lure; Attn: Mr.
File Number: 2009-1579
Date: September 4, 2009
Clint Calhoun
Attached
is:
See Section below
INITIAL PROFFERED PERMIT (Standard. Permit or Letter of
A
permission)
PROFFERED PERMIT Standard Permit or Letter of ermission
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
Ell TON e foRowng z ntifie yob ;ri ghts and oohs regardg an admustrative appeal of the abrt�e ;
dec�icn. „dtioalWar:roatton tinay be found afi;h llz�vww usace'arm .nullnetlfiuictiirrslci�vlcecvohe sir
E
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LAP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer, Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL; You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer
within. 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD, Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps " "
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
If you have questions regarding this decision
If you only have questions regarding the appeal process you
and/or the appeal process you may contact:
may also contact:
Liz Hair, Project Manager
Mr. Michael F. Bell, Administrative Appeal Review
USACE, Asheville Regulatory Field Office
Officer
151 Patton Ave
CESAD-ET-CO-R
RM 208
U.S. Army Corps of Engineers, South Atlantic Division
Asheville, NC 28806
60 Forsyth Street, Room 9M 15
828-271-7980
Georgia 30303-8801
-----I.Atlanta,
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all. site
invesq �ations.
Date:
Telephone number:
I
1 Signature of appellant or agent,
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this
form to:
District Engineer, Wilmington Regulatory Division, Attn: Liz Hair, Project Manager, Asheville
Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801.
4
Mitchell Anderson
From: Annino, Amy M <amy.annino@ncdenr.gov>
Sent: Wednesday, December 18, 2019 2:45 PM
To: Mitchell Anderson
Cc: Brad L. Burton
Subject: RE: [External] Permitting Question, Town of Lake Lure Marina Project
Attachments: GC4145.pdf
Brad and Mitchell,
The Division of Water Resources has a corresponding Water Quality Certificate 4145 to the USACE General Permit 30. If
project activities meet any of the conditions on page 2 of the attached GC 4145, written approval from this office will be
required.
You described the project will remove an existing boardwalk, install a floating boardwalk, and construct a concrete ramp
in an upland location (-30 feet upslope from the normal high-water level). Based on the project activities you have
described, written approval from this office will not be required. If project activities change, please contact DWR to
discuss whether a 401 will be required.
Amy Annino
Environmental Specialist —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4656 office
amy.annino(a)-ncdenr.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
,I-I:
�11 n cowooffis ..
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Mitchell Anderson <manderson@townoflakelure.com>
Sent: Tuesday, December 17, 2019 3:08 PM
To: Annino, Amy M <amy.annino@ncdenr.gov>
Subject: RE: [External] Permitting Question, Town of Lake Lure Marina Project
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
report.spam@nc.gov
LAKE STRUCTURES REGULATIONS
their sole expense, liability insurance coverage against claims for bodily injury, death or property
damage occurring in or about the lake structure in the amount of at least $500,000 per
occurrence. Prior to applying for a lake structure permit or renewal of a lake structure certificate,
proof of this liability insurance must be provided the town pursuant to § 94.03 (A) (8).
(Amended 6-28-94, 10-20-98, 7-11-06, 9-12-06) Penalty, see § 94.99
§ 94.05 DESIGN AND CONSTRUCTION STANDARDS
The following standards shall be adhered to during the design and construction of any
structure on Lake Lure. The Lake Structure Administrator will carefully examine plans
submitted with any applications for a lake structure permit as described in § 94.03, to be sure that
the plans meet the following provisions. Requests for variances must be made when the lake
structure permit application is submitted. (Amended 8-14-07)
(A) Effective the date of this regulation, December 15, 1992, the minimum measurable shoreline
length required to construct any lake structure shall be 100 feet. Nonconforming lots of record
that existed prior to these regulations, with 35 to 100 feet of measurable shoreline length, may
construct any authorized lake structure, provided minimum setbacks are met, and the owner of
the subject lot does not own contiguous upland property to enable conformity to the minimum
measurable shoreline length through recombination. When contiguous upland property is owned
by the same owner, it shall be legally recombined to achieve the longest shoreline length
possible, before any lake structure is approved. In rare situations, recombination may not be
legally possible. Should recombination not be allowed, the subject shoreline shall be treated as
though it is not contiguously owned. See examples A and B below. Sea walls are allowed on any
lot subject to shoreline stabilization requirements in §94.07 of these regulations. (Amended 7-
11-06, 9-12-06, 4-12-16)
(1) Covered or enclosed structures, including boathouses, shall be limited to a width of 45
feet or 45% of the measurable shoreline length, or the usable shoreline length of the upland lot,
whichever is less. (Adopted 4-12-16)
(2) Lots with 100 feet or more of measurable shoreline length shall be limited to any
authorized lake structure or combination thereof, with a maximum of three moorings or slips,
provided minimum setbacks are met. Other provisions of these regulations shall apply and the
maximum number of moorings or slips shall not be varied. (Adopted 4-12-16)
(3) Lots of record with 35 to 100 feet of measurable shoreline length shall be
limited to any authorized lake structure or combination thereof, with a maximum of two
moorings or slips, and shall not exceed the usable shoreline length. Variances are not permitted
for the maximum number of moorings or slips; or, structures that are larger than what the usable
shoreline will accommodate. Covered or enclosed structures shall require a Lake Structure
Appeals Board determination the proposed structure will not materially obstruct the view of the
lake from any adjacent upland property. Other provisions of these regulations shall apply. See
examples C and D below. (Adopted 4-12-16)
(4) Lots of record with a minimum measurable shoreline length of less than 35 feet shall
be limited to a single mooring, which shall not be varied. This mooring may be part of a pier not
LAKE STRUCTURES REGULATIONS
to exceed six feet in width. The pier will be centered on the subject shoreline to the greatest
extent possible but, without variance, shall be allowed up to five feet off center. When placed off
center, the tie up cleats will be on the side of the pier with the greatest area available between the
pier and the projected property line. Other provisions of these regulations shall apply, which
may require a variance. (Adopted 4-12-16)
EXAMPLE A: A lot of record has 50 feet of measurable shoreline which, after
subtracting the 30 feet for both 15-foot side yard setbacks, could accommodate a boathouse with
one slip in the 20 feet of remaining usable shoreline. (Adopted 4-12-16)
EXAMPLE B: The same owner in example A owns the small upland lot of record next
door with 25 feet of measurable shoreline, which would normally allow a single pier. That owner
could not build the small boathouse on the one lot and the pier on the other. Instead, that owner
must recombine the lots to provide 75 feet of measurable shoreline before building any structure.
If the recombination was not allowed for some legal reason, then both lots could be built upon.
(Adopted 4-12-16)
EXAMPLE C: Assume the recombination in example B did occur. On the new 75 foot
lot, the owner would be allowed to build any authorized lake structure that would fit in the
resulting 45 feet of usable shoreline, but still subject to the lesser 45% of the measurable
shoreline length for covered or enclosed structures, which is 33.75 feet in this scenario. The
owner could then build a boathouse up to 33.75 feet wide with two slips anywhere within that 45
feet of usable shoreline. The remaining usable shoreline space could be used for docks and
access. (Adopted 4-12-16)
EXAMPLE D: A lot of record with only 40 feet of measurable shoreline could build a
small lake structure up to 10 feet wide. Conversely, that same lot could not get a variance to
build the structure 11 feet wide or wider. The usable shoreline (10 feet) in this example is less
than the 45% (18 feet) of the measurable shoreline. (Adopted 4-12-16)
(B) No structure shall be placed in the water more than 30 feet or one third the distance to the
opposite shore, whichever is less, as measured to and from the shoreline. At least one third of the
waterway shall be left unobstructed. No portion of any lake structure shall extend beyond this
boundary. For the purpose of positioning lake structures along an irregular boundary, the
shoreline shall be defined as the straight line between the two widest points on the shoreward
side of the structure, where they meet the shoreline. The measurement to the opposite shore shall
be made to the point on the opposite shore which results in the shortest distance from the
proposed structure. (Amended 4-12-05, 4-12-11, 4-12-16)
(C) No portion of any structure shall be located closer than 15 feet to any side lot line, as
projected into the lake. The projection of the lot line shall be a straight line on the same bearing
as the lot line and shall extend no further than 30 feet or one third the distance to the opposite
shore. This provision does not apply to sea walls. (Amended 4-12-05, 3-11-14, 4-12-16))
(D) Hand rails should be constructed in such a way so as not to interfere with boaters' visibility.
0
LAKE STRUCTURES REGULATIONS
(E) Height
(1) Except as provided below, lake structures shall not exceed 15 feet in height above the
shoreline elevation of 990 feet MSL. This does not include the additional height of
railings (no greater than 42") around a rooftop deck. As actual lake levels may vary,
establishing the 990 MSL on any particular day can be achieved by calling the town
hall for the lake level reading at the dam on that day. The maximum allowable height
of structures above the shoreline elevation can then be calculated. As an example, if
the lake level is 1 foot below 990 MSL, then the maximum allowable height is 16 feet
above the actual level of the lake on that particular day. (Amended 12-9-03)
(2) Accessory structures to be used for protection from direct sun and rain may be erected
above rooftop decks provided they meet the following standards and are approved by
the Lake Structures Appeals Board.
Decktop Accessory Structures Guidelines:
(a) Shall not exceed a height of ten feet above the surface of the rooftop deck.
Thus, the maximum allowable height of any lake structure that includes a
decktop accessory structure is 25 feet.
(b) Shall not exceed 50 % of the area of the rooftop deck or 150 square feet,
whichever is less.
(c) Shall be completely open on all sides except for partial walls not more than 42
inches in height above the surface of the rooftop deck and insect screens.
(d) Shall be located abutting the shoreward end of the rooftop deck and not extend
towards the lake beyond the midpoint of the deck.
(e) Shall not include any sanitary facilities.
(f) May include one storage container not more than 42 inches in height to store
deck furnishings.
(3) Decktop accessory structures shall be approved by the Lake Structures Appeals Board
upon a finding that the structures meet the standards in this subsection and that they
do not materially obstruct the view of the lake from any adjacent or nearby properties.
(F) Materials of construction for pilings shall include reinforced concrete, hot dipped galvanized
steel, aluminum, or pressure treated wood, provided railroad ties and other wood treated with
creosote or similar material shall not be allowed. Anchorages for floating docks and piers shall
be of galvanized steel cables or the equivalent secured to reinforced concrete anchorage on the
lake bottom and/or to steel anchor piles in firm ground on shore. Alternate materials may be
approved if specified by a licensed engineer or architect and does not pose an environmental
threat. (Amended 6-18-01, 7-11-06)
10
LAKE STRUCTURES REGULATIONS
(G) The town exercises no jurisdiction or control over the design of structures to be built over
the lake, but strongly urges that the design of lake structures be architecturally compatible with
that of the residence(s) on the adjoining upland lots. (Amended 7-11-06)
(H) Any sewage or waste water systems installed in or on lake structures must meet state and
local codes. (Amended 8-14-07)
(I) No lake structure shall be designed, constructed or used as temporary or permanent living
quarters. (Adopted 12-15-92; Amended 4-12-05)
(J) Satellite dish antennas of not more than 30 inches in diameter may be installed on lake
structures, provided they do not exceed the highest portion of the lake structure to which it is
attached.
(K) Moored Floating Platforms
(1) Moored wooden or other solid surfaced floating swimming platforms shall be no greater than
64 square feet in area and have white or silver reflectors affixed to both sides of each corner.
The frames for such structures shall be constructed of hot dipped galvanized steel or pressure
treated lumber and with polystyrene floatation. Steel drums are prohibited. Alternate
materials may be approved if specified by a licensed engineer or architect and does not pose
an environmental threat. Only one permanently moored floating platform (solid or inflatable)
shall be permitted for each upland lake front lot, except as provided in subparagraph (3)
below. (Amended 7-11-06, 8-14-07)
(2) Permanently moored inflatable floating platforms shall be no greater than 178 square feet in
area or 15 feet in diameter and have white or silver reflectors affixed to both sides of each
corner or, for circular platforms, at least every six feet of circumference. Such platforms
shall be located not less than 10 feet from the shore or any hard surfaced structures and shall
be moored in water not less than ten feet in depth at any point below the platform. All
permanently moored inflatable floating platforms shall be removed from the lake between
November 1 and April 1 of each year and at any time they deflate or are in a state of
disrepair. As part of the permit application process, the applicant shall provide a copy of the
manufacturer's recommended safety specifications and shall specify the manner in which the
applicant will adhere to said specifications. Only one permanently moored floating platform
(solid or inflatable) shall be permitted for each upland lake front lot, except as provided in
subparagraph (3) below. (Amended 8-14-07)
(3) Permanently moored inflatable floating platforms larger than 178 square feet in area
may be approved by town council, but only for organized group recreation programs
supervised by appropriately trained personnel meeting the standards of the American
Red Cross. Said platforms shall only be approved adjacent to land zoned R-3, CG or
GU under Chapter 92 of this code and shall have white or silver reflectors affixed to
both sides of each corner or, for circular platforms, at least every six feet of
circumference.. All permanently moored inflatable floating platforms shall be
removed from the lake between November 1 and April 1 of each year and at any time
they deflate or are in a state of disrepair. As part of the permit application process,
11
LAKE STRUCTURES REGULATIONS
the applicant shall provide a copy of the manufacturer's recommended safety
specifications and shall specify the manner in which the applicant will adhere to said
specifications. At its discretion, the town council may allow more than one
permanently moored inflatable floating platforms adjacent to land zoned R-3, CG or
GU. (Amended 8-14-07)
(4) Anchorage for moored floating platforms shall be of galvanized steel cables,
galvanized chain or stainless steel cables secured to reinforced concrete anchorage on
the lake bottom, vertically below. Alternate materials may be approved if specified
by a licensed engineer or architect and does not pose an environmental threat.
(Amended 7-11-06)
(5) Temporarily moored inflatable water recreation devices shall be no greater than 80
square feet in area or 10 feet in diameter and are allowed in the lake only from April 1
through November 30. (Amended 6-18-01, 4-12-11)
(6) Any moored floating platform, whether permanent or temporary, shall be identified
with the owner's name, local address, and local telephone number so that the platform
can be identified and returned if it breaks loose from its mooring. This identification
may be accomplished by attaching a metal or plastic tag to the platform or by printing
the information directly onto the device using paint or ink. (Adopted 10-13-09)
(L) Boardwalks shall not exceed four feet in width and shall not extend more than six feet into
the lake. If approved by adjoining property owners, a boardwalk may run the full distance from
property line to property line or even cross the property line if the adjacent properties' owners
approve of its construction and wish it to continue along in front of their property.
(M) No lake structure, other than seawalls, shall obstruct the free flow of water in the lake.
(N) As a condition of issuance of a permit, all structures built above the roof of a boathouse or
covered slip, including decks and deck top accessory structures, shall require certification by a
licensed architect or engineer that the boathouse structure is capabl e of supporting the dead and
live load of the rooftop structure. Excluded from this requirement are structures installed rather
than built (such as umbrellas, awnings, canopies, or moored inflatable platforms) so long as these
structures do not exceed 150 pounds in total weight. (Amended 10-20-98, 7-11-06, 10-13-09)
Penalty, see § 94.99
(0) Temporary mooring at commercial and resort locations shall be identified by a sign which
states that the mooring may only be occupied during the hours between 6:00 a.m. and 12:00
midnight.
(P) These standards shall not apply to any lake structures owned or proposed by the Town of
Lake Lure, providing that designs for such structures have been reviewed and approved by the
Lake Advisory Board and the Town Council. (Amended 3-11-08)
12
LAKE STRUCTURES REGULATIONS
walls and boardwalks). Existing private docks or boathouses must be removed prior to
construction of a cluster mooring facility and no private docks or boathouses can be applied for
or constructed adjacent to the upland lot(s) for which a cluster mooring facility has been
approved. All moorings shall be classified as permanent or temporary, numbered, and with
signage that is viewable from the lake which indicates classification and number of each
mooring. (Amended 4-12-05, 7-11-06, 8-14-07, 3-11-08)
(1) For areas with upland lots that are zoned for resort use, the lake front property that is used
in the formula for determining the number of moorings must be contiguous with the site of
the proposed cluster mooring facility and the same lake front property must be developed
with roads and structures in place prior to review of the application. If any existing mooring
facilities are to be included in the total moorings of the mooring facility, they will be
factored into the total slips calculated with the above formula. (Amended 4-12-05, 8-14-07)
(2) For areas with upland lots zoned and utilized for commercial purposes, only temporary
moorings shall be allowed. A maximum of three craft owned by the operators of the
commercial establishment may be permanently moored at the establishment's cluster
mooring facility. (Amended 4-12-05).
4 94.14 MARINAS
(A) The Lake Structure Administrator and the Lake Advisory Board shall review each lake structure
permit application for a marina, restricted and unrestricted. The review will confirm that the
proposed facility conforms to these regulations, evaluate its impact on the lake's carrying
capacity, and determine that the location will not be adverse to navigation and boating safety or
to any nearby residential area. A recommendation based on this review will then be submitted to
Council. The Council shall approve or deny the request after examining the report. (Amended
4-12-05, 8-14-07, 4-12-16)
(B) Marinas must meet the following standards:
W Shall only be installed adjacent to upland lot(s) zoned for commercial or resort use.
(Amended 5-12-15)
(2) The same requirements shall apply to marinas as do to all other lake structures except
individual slips or moorings shall not be enclosed or covered. Canopies attached to or
installed above boat lifts are considered roofs and are prohibited in marinas. (Amended 5-
12-15)
(3) Such facilities may not have more than five permanent or temporary moorings for each 100
feet of shoreline that is owned by the applicant. The lakefront property that is used in the
formula for determining the number of moorings must be contiguous with the site of the
proposed marina. (Amended 5-12-15)
(4) The shoreline must be free of any other lake structures that could be used specifically for
the purpose of mooring boats. This does not include seawalls, boardwalks, docks, or
gazebos that are used for access, protection from direct sun and rain, and as collection
LAKE STRUCTURES REGULATIONS
areas for users of the facility. Such structures must meet the following standards:
a. Shall not have any tie-up points or cleats that would allow a boat to be moored, thereby
changing the structure's function.
b. Shall not exceed a height of 15 feet above the shoreline elevation of 990 feet MSL.
c. Shall not exceed 1200 square feet.
d. Shall be completely open on all sides. (Amended 5-12-15)
(5) Existing private docks or boathouses must be removed prior to construction of a marina
and no private docks or boathouses can be applied for or constructed adjacent to the upland
lot(s) that are associated with a marina. (Amended 5-12-15)
(6) All moorings shall be classified as permanent or temporary, numbered, and with signage
that is viewable from the lake which indicates classification and number of each mooring.
(Amended 5-12-15)
(7) These limitations shall not apply to any marina owned by the Town. (Amended 4-12-05,
7-11-06, 8-14-07, 3-11-08, 5-12-15)
(C) Moorings shall only be rented or leased for the permanent mooring of any watercraft with a valid
boat permit issued by the town for the current year. The town may assess the marina owner an
annual commercial use fee for each permanent mooring leased or rented. (Amended 4-12-05, 8-
14-07)
(D) Docks and piers at a marina may be either fixed or floating structures.
(E) Sale of fuel, lubricants, boats, marine accessories, bait and fishing supplies and repair of boats
shall be permitted only at unrestricted marinas, provided the upland property is zoned for
commercial use. (Adopted 10-20-98, Amended 8-14-07, 4-12-16) Penalty, see § 94.99
4 94.15 PROHIBITED USES
The following uses or activities shall be prohibited unless written approval is given by the Town
Council: (Amended 8-14-07)
(A) Any activity such as dredging or filling at or below the shoreline without written permission from
the Town of Lake Lure or any land disturbance which alters the shoreline other than as required
by action of the Town Council. (Amended 8-14-07)
(B) The cutting of standing trees at or below the lake boundary.
(C) Disposal of any trash, brush, leaves, or scrap building materials into the lake.
(D) Allowing any livestock or commercially raised animals to have access to the lake or its shoreline.
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