20071310 Ver 1_USACE Correspondence_20070809

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-7890 Q.T. ~-
0'1 - 1~tD
August 6, 2007
Regulatory Division
Action ID No. SAW-2007-01980-062
Mr. Jim Russell
Tillery Tradition President
214 Tradition Drive
Mount Gilead, North Carolina 27306
Dear Mr. Russell:
~~_j^';
~~ .~ '~'~` ~~ ~J '~~~
,Pi
A':J~ ~ - ~UO~
'~7LAIVq,~ ~s~p t~~i ~ Afiw~ ARANCFt
On March 10, 2007, this Office received a request from your Authorized Agent, Hobbs,
Upchurch & Associates, P.A., for verification to utilize a Regional General Permit (RGP)
/Nationwide Permit (NWP) to impact Section 404 jurisdictional waters of Lake Tillery for the
purpose of stabilizing the banks and the installing apre-cast boat landing for the development of
anew private marina for the residents of the Tillery Tradition Country Club, located in
Montgomery County, North Carolina.
At this time, we consider your permit verification request incomplete. Your permit request
was initially under review for an RGP30, however it is now being considered under the terms
and conditions of a NWP 13 for bank stabilization and a NWP 36 for boat ramps. Please
provide the following information to complete our review:
1. Rip-rap stabilization along 1,225 LF of shoreline of Lake Tillery: NWP 13 for bank
stabilization must meet all of the following criteria:
(a) No material is placed in excess of the minimum needed for erosion protection;
(b) The activity is no more than 500 feet in length along the bank, unless this
criterion is waived in writing by the district engineer;
(c) The activity will not exceed an average of one cubic yard per running foot placed
along the bank below the plane of the ordinary high water mark or the high tide line,
unless this criterion is waived in writing by the district engineer.
Your current shoreline impacts are listed as 0.14 acres, whereas the maximum impacts for
1,225 LF of rip-rap should not exceed 0.084 acres below the ordinary high water mark of the
lake. Please justify impacts with exact dimensions while providing cross-sectional drawings to
indicate the placement of rip-rap in distance from the shoreline and depth below the lake's
normal pool level.

-2-
2. Pre-cast boat landing: Permit conditions require that "boat ramps will not exceed 20
feet in width". Your plan drawings do not indicate width, but do demonstrate that the proposed
boat ramp will extend approximately 10 feet below the lake's normal pool level. Your impacts
are listed as 0.04 acres, whereas the maximum in this case should not exceed 0.0046 ac. Please
justify.
3. Authorization from Progress Energy: Authorization of the Lilly's Bridge Marina
project is subject to the terms and conditions of Progress Energy Lake Authority's Shoreline
Management Plan (SMP) for Lake Tillery. Please provide a statement of written concurrence
from a Progress Energy representative.
4. Endangered Species Statement of Findings: Our office has not heard a response
regarding the nesting bald eagle near the proposed Tillery Tradition Marina. Please provide a
statement, whether written or verbal, directly from Mr. Hammond regarding potential impacts to
the species due to the development of the marina.
Please submit this information within 30 days of receipt of this letter or we will consider the
application withdrawn and close the file. Please be aware that if, upon review of any additional
information, we determine that a less environmentally damaging practicable alternative exists,
we would have no choice but to deny your NWP verification request and consider your proposal
in accordance with the standard permit (Individual Permit) processing procedures.
If you have any questions regarding these matters, please contact me at [phone].
Sincerely,
Emily R. Burton
Regulatory Specialist
Wilmington Regulatory Field Office
Copy Furnished:
Mr. Adam Kiker
Hobbs Upchurch and Associates, P.A.
300 SW Broad Street
Southern Pines, North Carolina 28388
Theresa Thompson
Montgomery Planning Department
219 S Main Street
Troy, North Carolina 27371

-3-
Mr. Ken Averitte
Division of Water Quality
Fayetteville Regional Office
225 Green St., Suite 714/Systel Bldg.
Fayetteville, North Carolina 28301
s. Cyndi Karoly
ivision of Water Quality
N.C. Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650