19870154 Ver 1_COMPLETE FILE_19871005

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 284021890
September 29, 1987
SUBJECT: SAWC087-N-081-0332
Mr. Norman Newell
Town Manager
Town of Lake Lure
Post Office Box 255
Lake Lure, North Carolina 28746
Dear Mr. Newell:
RE-CEIVE
OCT Q 5 '1987
WATLR QUALITY SECT10i"I
OPERATIONS SRAN!rt-I
On September 21, 1987, you met with Mr. Jeff Richter of my
staff concerning proposed spoil disposal areas involved with the
dredging of the Lake, in Rutherford County, North Carolina.
You showed Mr. Richter a large field on the north side of the
Lake, near the mouth of the Broad River. You propose constructing
a dike around the field and then discharging the material.
Mr. Richter determined that the field is not a wetland;
and, provided that the dike is constructed completely on high
ground, no Corps authorization is required. Mr. Richter suggested
that you leave a barrier between the water's edge and the field,
and there is a strip of knee-to-waist-high weeds present which
would provide a satisfactory barrier. You will also need to
devise some method to further control erosion, whether this be a
silt fence, or grassing the slopes of the dike.
You went to several more proposed spoil sites which
Mr.. Richter determined were at least partially out of Corps'
jurisdiction. He showed you where this jurisdiction line was, and
you said that all spoil will stay out of the wetland areas,
following similar methods as mentioned above.
Because these spoil areas are not under Corps' jurisdiction,
you will not require a permit from the Corps for your work, and
therefore, in reference to our September 14, 1987, letter, your
application is retired.
Should you have any questions regarding this matter, please
contact Mr. Richter at [phone] and he will gladly assist
you in any way he can. Thank you for your cooperation with our
permits program.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
-2-
Copies Furnished:
Ms. L. K. (Mike) Gantt,
Supervisor
Division of Ecological
U.S. Fish and Wildlife
310 New Bern Avenue
Post Office Box 25039
Raleigh, North Carolina
Field
Services
Service
27611-5039
Mr. Lee Pelej
Ecological Review Branch
Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Randy Cheek
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. John Parker
Division of Coastal Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
N rth Carolina Department
Resources and Community
Post Office Box 27687
Raleigh, North Carolina
Management
of Natural
Development
27611-7687

STATE o
,? ' ? _ cps
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary July 16, 1987 Director
Colonel Paul W. Woodbury
Corps of Engineers
P. 0. Box 1890
Wilmington, NC 28402
Dear Colonel Woodbury:
In keeping with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice .... 0332
dated 28 May, 1987 which describes a project proposed by The Town of Lake
Lure. The project, involving the excavation of a swimming area, filling a
lake side wetland and bulkheading the fill, is located at Shakespeare Point at
Lake Lure in Rutherford County.
Based on a coordinated agency review, the state objects to the wetland
alteration phase of the project. In the course of the review, three key
agencies interposed objections to the wetland impacts. These agencies were
the Wildlife Resources Commission, the Division of Parks & Recreation and the
Division of Water Resources. For your information, the Division of
Environmental Management has issued Section 401 Water Quality Certification
No. 2109 for the work.
Should you require additional input from the state on this matter, do not
hesitate to contact this office or the agencies listed.
Very sincerely,
` 1ONr??
oh R. Parker, Jr.
Inland '404 Coordinator
JRP:jr/aw
cc: Wildlife Resources Commission, Raleigh /
Division of Environmental Management, Raleigh,?
Division of Parks & Recreation, Raleigh
Division of Water Resources, Raleigh
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
n I ouai Orrornmi[? -Attirmamc--, action Fmnlrn,cr
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$ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
??T4(PRO00REGION IV
345 COURTLAND STREET
E
ATLANTA, GEORGIA 30365 RFCETV
JUN 12 W7 JUN 17 1987
4WMD-MEB/LP
Colonel Paul W. Woodbury
District Engineer
U.S. Army Corps of Engineers, Wilmington
P.O. Box 1890
Wilmington, North Carolina 28402-1890
ATTENTION : Mr. Jeff Richter
SUBJECT: The Town of Lake Lure
(Public Notice No. 87-N-081-0332)
Dear Colonel Woodbury:
DO. Of Environrnentai Mgt.
Raleigh, N. C.
RECEIVED
JUN 2 2 1987
WATER QUALITY SECTION
OPERATIONS BRANCH
This is in response to the subject public notice proposing maintenance
dredging and construction of bulkhead with backfill in Lake Lure, Rutherford
County, North Carolina.
As a result of this activity, a 4,000-foot-long bulkhead will be constructed
an average of 4 feet waterward of the average high water line. Approximately
100,000 cu. yds. of dredged material will be placed behind the bulkhead
eliminating about 750,000 sq. ft. of open water and vegetated wetlands
dominated by willow (Salix sp.) and cattail (Typha sp.).
The purpose of the project is for the maintenance dredging of about 120,000
sq. ft. of lake bottcm and to provide a disposal site for the excavated
material. Shallow water littoral zones and emergent aquatic vegetation are
highly valuable components of aquatic systems providing important habitat
for fish and wildlife species.
It is clear that the proposed project will eliminate a valuable aquatic
resource and will result in unacceptable adverse environmental impacts.
Consequently, it is our opinion that the proposed project is contrary to
the Section 404(b)(1) Guidelines and should be denied.
Sincerely yours,
E.T. Heinen, chief C
Marine and Estuarine Branch
Water Management Division
cc: See enclosed
i
t
cc: Mike Gantt, Field Supervisor
U.S. Fish and Wildlife Service
Raliegh, NC
R. Paul Wilms, Director
NC Division of LIi'Jir0f;7G nt? 1 Management
Preston Pate, Chief
Field Supervisor
NC office of Coastal Management
W. Donald Baker
NC Wildlife Resources Commission
John Parker, Permits Coordinator
NC office of Coastal Management
Randy Cheek, Area Supervisor
National Marine Fisheries Service
Beaufort, NC
J.T. Brawner, Regional Director
National Marine Fisheries Service
St. Petersburg, FL

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street a Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary July 8, 1987 Director
Mr. Norman Newell
Town Manager
Town of Lake Lure
P.O. Box 255
Lake Lure, NC 28746
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Bulkhead at Shakespeare
Pointe
Town of Lake Lure
Lake Lure
Rutherford County
Dear Mr. Newell:
Attached hereto are two (2) copies of Certification No. 2109
issued to Town of Lake Lure dated July 8, 1987.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
William Q Mills
for R. Paul Wilms
cc: Wilmington District Corps of Engineers
Asheville Regional Office
Mr. William Mills
Mr. David Owens
1
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
NORTH CAROLINA
Rutherford 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 Town of Lake Lure pursuant
to an application filed on the 14th day of may, 1987 to construct a
bulkhead and fill at Shakespeare Point.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Lake Lure
in conjunction with the proposed bulkhead in Rutherford County will not
result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies
that this activity will not violate Sections,301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conducted in accordance with the application
and conditions hereinafter set forth.
Condition (s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That appropriate sedimentation and erosion control
measures shall be employed to minimize turbidity
and siltation impacts.
3. That any concrete which is placed associated with
construction of the bulkhead not be allowed to
contact the water when the concrete is wet.
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 8th day of July, 1987.
DIVISION OF ENVIRONM1TAL MIArE[ENT
Original Signed By
William C. Mills
For R. Paul Wilms, Director
WQC# 2109
S
- IN, State of North Carolina

Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary July 8, 1987 Director
Mr. Norman Newell
Zbwn Manager
Town of Lake Lure
P.O. Box 255
Lake Lure, NC 28746
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Bulkhead at Shakespeare
Pointe
Town of Lake Lure
Lake Lure
Rutherford County
Dear Mr. Newell:
Attached hereto are two (2) copies of Certification No. 2109
issued to Town of Lake Lure dated July 8, 1987.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signet} By
William C. Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Asheville Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
A
NORTH CAROLINA
Rutherford 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 Town of Lake Lure pursuant
to an application filed on the 14th day of May, 1987 to construct a
bulkhead and fill at Shakespeare Point.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Lake Lure
in conjunction with the proposed bulkhead in Rutherford 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 NI'U's or less
are not considered significant).
2. That appropriate sedimentation and erosion control
measures shall be employed to minimize turbidity
and siltation impacts.
3. That any concrete which is placed associated with
construction of the bulkhead not be allowed to
contact the water when the concrete is wet.
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 8th day of July, 1987.
DIVISION OF E NVIP40NDE ]TAL MANAGEMENT
Original Signet! By
Wdiliiam C. Mills
For R. Paul Wilms, Director
WQC# 2109
W
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street 0 Raleigh, North Carolina 27611
James G. Martin, Governor S. Thomas Rhodes, Secretary
June 1, 1987
Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
The attached U. S. Army Corps of Engineers Public Notice No. 0332 dated
5/28/87 describing a project proposed by The Town 0 a e Lure
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 6/24/87
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed
Date
Agency
JRP : j r. /aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer
i * F Y
.
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, Nor.th.Carolina 28402-1890
SAWC087-N-081-0332
28 May 1987
PUBLIC NOTICE
THE TOWN OF LAKE LURE, Post Office Box 255, Lake Lure, North Carolina,
28746, has applied for a Department of the Army permit TO CONSTRUCT A BULKHEAD
AND PLACE DREDGED DISPOSAL MATERIAL IN WETLANDS INSIDE THIS BULKHEAD AT
SHAKESPEARE POINT, ADJACENT TO LAKE LURE, RUTHERFORD 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 that the applicant proposes to construct a 4,000-foot-long
bulkhead an average of 4 feet waterward of the original high water line, and
to dispose of approximately 100,000 cubic yards of dredged material behind
this bulkhead in a wetland area known as Shakespeare Point, with dimensions of
approximately 1,500 feet long by 500 feet wide by 3 feet deep.
Some dredged material has been disposed on the existing beach, and
conversations with the applicant confirmed that while the beach needed
building up and would not require a permit, not all of the material could be
accommodated here; thus the need to select a nearby disposal site. According
to the applicant, the site in question is the only one which can economically
be used.
The disposal area is characterized by flooded wetlands and open water,
with a road going through and circling the Point. This road has grassed
shoulders which slope into the wetlands. The flooded wetlands are utilized by
ducks and other waterfowl, and vegetated primarily with cattails (Typha sp.),
and willow (Salix sp.). The purpose of the work is to maintenance dredge Lake
Lure. Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
r
-2-
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
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
r ? .

-3-
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
July 8, 1987.
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 July 1, 1987, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
June 29, 1987, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer

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State of North Carolina
Department of Natural Resources and Community Development
Asheville Regional Office
James G. Martin, Governor S. Thomas Rhodes, Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
June 11, 1987
MEMORANDUM
TO: Bill Mills
401 Certification
THROUGH: Forrest R. Westall
Water Quality RegiI*, visor
FROM: James R. Reid, Enviro nt 1 Chemist
Water Quality Section
SUBJECT: 401 Certification
Town of Lake Lure
Shakespear Point Project
Rutherford County
In accordance with your request on June 3, 1987, I reviewed
subject project. Based upon the information provided, neither
violations of water quality standards nor measurable adverse
environmental impacts would be anticipated. Therefore, certification
of this project is recommended consistent with the comments in the
following paragraph.
The information provided did not contain specifics concerning
construction of the bulkhead. Any permit which may ultimately be
issued for the project should be contingent upon use of generally
accepted construction and engineering practices and normal precautions
regarding pouring of concrete in and near surface waters.
know.
If there are any questions concerning this review, please let us
JRR:ls
Interchange Building, 59 Woodfin Place, P.O. Box 370, Asheville, N.C. 28802-0370 • 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
REC EIVEID
MAY 2 9 ia87
tiv?! Eta Ou"AL!°"J ; Lrrl(),'
SAWC087-N-081-0332 28 May 1987
PUBLIC NOTICE
THE TOWN OF LAKE LURE, Post Office Box 255, Lake Lure, North Carolina,
28746, has applied for a Department of the Army permit TO CONSTRUCT A BULKHEAD
AND PLACE DREDGED DISPOSAL MATERIAL IN WETLANDS INSIDE THIS BULKHEAD AT
SHAKESPEARE POINT, ADJACENT TO LAKE LURE, RUTHERFORD 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 that the applicant proposes to construct a 4,000-foot-long
bulkhead an average of 4 feet waterward of the original high water line, and
to dispose of approximately 100,000 cubic yards of dredged material behind
this bulkhead in a wetland area known as Shakespeare Point, with dimensions of
approximately 1,500 feet long by 500 feet wide by 3 feet deep.
Some dredged material has been disposed on the existing beach, and
conversations with the applicant confirmed that while the beach needed
building up and would not require a permit, not all of the material could be
accommodated here; thus the need to select a nearby disposal site. According
to the applicant, the site in question is the only one which can economically
be used.
The disposal area is characterized by flooded wetlands and open water,
with a road going through and circling the Point. This road has grassed
shoulders which slope into the wetlands. The flooded wetlands are utilized by
ducks and other waterfowl, and vegetated primarily with cattails (Typha sp.),
and willow (Salix sp.). The purpose of the work is to maintenance dredge Lake
Lure. Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
V
-2- . .
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
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
r,.

1
-3- . .
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
July 8, 1987.
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 July 1, 1987, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
June 29, 1987, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer

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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
May 11, 1987
RECCE ED
SUBJECT: File No. SAWC087-N-081-0332 M i 14 19
WATER QUALITY SEC;TVII
OPERA710INS 17'.1'..+''!.4
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
Enclosed is the application of the Town of Lake Lure,
represented by Mr. Norman Newell, for a Department of the Army
permit and a State Water Quality Certification to excavate an
area, construct a bulkhead and place excavated material in
wetlands adjacent to Lake Lure, Rutherford County, North Carolina.
Your receipt of this letter verifies your acceptance of a valid
request for certification in accordance with Section 325.2(b)(ii)
of our administrative regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by July 11, 1987, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeff Richter,
telephone [phone].
Sincerely,
ha s W. tis
hief, Regulatory Branch
Enclosure
-2-
Copy Furnished (without enclosure):
Mr. John Parker.,,;
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
'•. n? L ? a nn-s
April 24, 1987
Mr. Jeff Richter
Wilmington District Corps of Engineers
P.O. Box 1890
Wilmington, N.C. 28402
Attention: Jeff Richter
Attached is our application for dredging in Lake Lure along with a
plat of the area.
We will send you a separate under cover copy of the deed and
permission letter from the Globe Playhouse Inc.
We would appreciate it if you would visit the site to address us on
any problems that may not have been foreseen.
Sincerely,
Norman Newell
Town Manager
NN/maf

APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 146.12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229,143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320.329)
i
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank! I ? r-, fl"r
1. Applicant Information
Town of Lake Lure
A. Name
Last First Middle
B. Address Box 255
Street, P. O. Box or Route
Lake Lure, N.C. 28746
City or Town State Zip Code Phone
II. Location of Proposed Project:
A. County Rutherford
B. 1. City, town, community or landmark Lake Lure
2. Is proposed work within city limits? Yes No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Intersection
of Lake Lure, Rocky Broad River and Pool Creek. Transfer of silt from lake to
adjacent land.
Ill. Description of Project
A. 0 Maintenance of existing project 2. New work
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area length 1500' width 500' depth 3'
4. Other length width depth
C. 1. Bulkhead length 4000' Average distance waterward of MHW (shoreline) 4'
2. Type of bulkhead construction (material)
D. Lxcavated material (total for project)
1. Cubic yards 100,000 2. Type of material silt
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 0 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No X
B. Does the disposal area include any marshland, swamps or other wetland? Yes _ X No
C. Disposal Area
1. Location Shakespeare Point
2. Do you claim title to disposal area? No
D. Fill material source if fill is to be trucked in Lake Lure
E. How will excavated material be entrapped and erosion controlled? Berm 6' X6" width
4' silt fence
1 ype of equipment to be used _Drag Line and Dredge
G. Will marshland be crossed in transporting equipment to project site? If yes, explain No
*.. ' .. V. Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial
3. Housing Development or Industrial
4. Other Globe Theatre Complex
B. 1. Lot size(s) Land 2. Elevation ofl"s) above mean high water 6'
3. Soil type and texture sand
4. Type of building facilities or structures Theatre and ancillary buildings
5. Sewage disposal and/or waste water treatment A. Existing Planned X
B. Describe Trunk line to man hole at marina
6. 'Land Classification' (circle one) DEVELOPED TRANSITIONAL COMMUNIT RURAL
CONSERVATION OTHER See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes-No X
2. Type of discharge
3. Location of discharge
VII. Present rate of shoreline erosion (if known):
Vlll. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: N. A.
IX. Length of time required to complete project: _ 1 year
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8%z X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served 1 . A.
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
N. A.
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XI1. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE 4-21-R7
Applicant's Signature C

D&F•82 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10/78

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