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HomeMy WebLinkAbout19870155 Ver 1_COMPLETE FILE_19871118J o' SfAlt o 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 Director November 18, 1987 Colonel Paul W. Woodbury Corps of Engineers P. 0. Box 1890 Wilmington, NC 28402 Dear Colonel Woodbury: In accordance with your request, this office has circulated to interested state review agencies U. S. Army Corps of Engineers Public Notice ... 0552 dated September 24, 1987 describing a project proposal by the Lake Norman Company represented by Land Design of Charlotte. The project, located at South & Stone Harbors near Davidson in Mecklenburg County, involves riprap boardwalk and dock construction. Based on a coordinated agency review, the state interposes no objection to this individual proposal. It should be noted for the record, however, that the Division of Water Resources did express concern over the cumulative impact on lake resources and use by overcrowding promoted by this type of development. This viewpoint position shares this concern. The Division of Health Services offers the following precaution concerning potable water: "The proposed project will be constructed near water resources which are used for drinking. Precautions should be taken to prevent contamination of the water- shed and stream by oil or other harmful substances. The contractor should contact the Davidson Water Treatment Works operated by the Charlotte-Mecklenburg Utilities at 5100 Brookshire Blvd., Charlotte, NC 28216, phone number 704-399-2221". For your information, the Division of Environmental Management issued Water Quality Certification No. 2166 for the project riprap on October 19, 1987. P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer X, 1 -1 Colonel Paul W. Woodbury Page 2 November 18, 1987 Should you require additional information on this matter, do not hesitate to contact this office or the agencies listed. Very sincerely, Jo R. Parker, Jr., Chief Major Permits Processing Section JRP:jr/aw cc: Division of Water Resources Raleigh / Division of Environmental Management ? y Raleigh Division of Health Services Raleigh IN REPLY REFER TO DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 September 10, 1987 Regulatory Branch SUBJECT: General Permit No. SAWC082-N-000-0030 R E C E I V E D SEP 14 1987 Mr. John Maxwell The Lake Norman company WATER QUALITY SECTION Post Office Box 643 OPERATIONS BRANCH Davidson, North Carolina 28036 Dear Mr. Maxwell: Thank you for your inquiry of September 4, 1987, regarding your plans to expand the docking facilities at North Harbor off Lake Norman, near Davidson, Mecklenburg County, North Carolina. On January 1, 1987, we renewed general permit No. SAWC082-N-000-0030 (enclosed) that authorizes construction activities in waters of lakes and reservoirs in the State of North Carolina, owned, operated, and/or regulated by public utility companies under license from the Federal Power Commission/Federal Energy Regulatory Commission (FERC) and all lakes or reservoirs in the State of North Carolina owned and operated by the Tennessee Valley Authority (TVA). Your proposed work is authorized if you can comply with all permit conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. If you have questions, contact Mr. Hugh Heine, Regulatory Branch, telephone (919) 343-4725. Sincerely, Enclosure Copies Furnished (without enclosure): Mr. William Mills Wate Quality Section / Divir sion of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 1 Raleigh, North Carolina 27611-7687 Charles W. Hollis Chief, Regulatory Branch 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 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 October 19, 1987 Director Ms. Linn Zahner Land Design 1701 East Boulevard Charlotte, NC 28203 Subject: Certification Pursuant to Section 401 of the Federal clean water Act, Proposed Rip-rap, Boardwalks, and Docks Lake Norman Company South and Stone Harbors Lake Norman Mecklenburg County Dear Ms. Zahner: Attached hereto are two (2) copies of Certification No. 2166 issued to Lake Norman Company dated October 19, 1987. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, Original Signed By William C. Mills For R. Paul Wilms cc: Wilmington District Corps of Engineers Mooresville Regional Office L,9r. William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA Mecklenburg County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Lake Norman Company pursuant to an application filed on the 23rd day of September, 1987 to excavate basins, place rip-rap and construct docks and piers at South and Stone Harbors. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Lake Norman in conjunction with the proposed development activities in Mecklenburg County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition (s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 50 NTU's or less are not considered significant). 2. Appropriate sedimentation and erosion control measures shall be employed to minimize turbidity and siltation impacts. 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 19th day of October, 1987. DIVISION OF ENVIRCNMENTAL MANAGEMENT Original Signed By William C. mills For R. Paul Wilms, Director WQC$ 2166 Vol) ? 4 fr 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 Director October 19, 1987 Ms. Linn Zahner Land Design 1701 East Boulevard Charlotte, NC 28203 Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Rip-rap, Boardwalks, and Docks Lake Norman Company South and Stone Harbors Lake Norman Mecklenburg County Dear Ms. Zahner: Attached hereto are two (2) copies of Certification No. 2166 issued to lake Norman Company dated October 19, 1987. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, original Signed BY William C. Mitts For R. Paul Wilms cc: Wilmington District Corps of Engineers Mooresville Regional Office Mir. Will i am Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer W, NORTH CAROLINA Mecklenburg County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Errvironmental Management Regulations in 15 NCAC 2H, Section .0500 to Lake Norman Company pursuant to an application filed on the 23rd day of September, 1987 to excavate basins, place rip-rap and construct docks and piers at South and Stone Harbors. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Lake Norman in conjunction with the proposed development activities in Mecklenburg County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 50 NTU's or less are not considered significant). 2. Appropriate sedimentation and erosion control measures shall be employed to minimize turbidity and siltation impacts. 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 19th day of October, 1987. DIVISION OF ENVIRCNMENTAL MANAGEMENT Original Signed By William C. Mills For R. Paul Wilms, Director WQC# 2166 i DIVISION OF ENVIRONMENTAL MANAGEMENT October 7, 1987 tl E C E I V } MEMORANDUM TO : Bill Mills Q r T 0 8. -'9H,7 'A'AiE?i QUALITY Sfljl0i FROM: D. Rex Gleason UPERAt!!)N!S S'R,:, it ' SUBJECT: 401 Certification Excavation and placement of Riprap at South and Stone Harbors (Lake Norman) Mecklenburg County, North Carolina This Office has reviewed the subject proposal for the excavation of shoreline and placement of riprap, plus construction of boardwalks and docks, at South and Stone Harbors on Lake Norman. Based on our review, we anticipate no adverse effect on water quality except during excavation when turbidity would be expected to increase. Fish and wildlife habitats in the immediate area of construction will probably be disturbed; however, this should be relatively insignificant. We, therefore, have no major objection to the proposal. If you have questions, please advise. DRG:se w? ?T??'? SrA 3 ??n State of North Carolina Department of Natural Resources and Community Development 512 North Salisbury Street 0 Raleigh, North Carolina 27611 James G. Martin, Governor October 2. 1987 Mr. R. Paul Wilms, Director Water Quality Section Division of Environmental Management Raleigh, North Carolina 27611 Dear Mr. Wilms: S. Thomas Rhodes, Secretary The attached U. S. Army Corps of Engineers Public Notice No. _O_R52Vdated 9/24/87 describing a project proposed by Lake Norman CO- 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 10121187 , 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:jr./aw P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 An Equal Opportunity / Affirmative Action Employer s ? DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 SAWC087-N-060-0552 September 24, 1987 PUBLIC NOTICE LAKE NORMAN COMPANY, represented by LAND DESIGN, 1701 East Boulevard, Charlotte, North Carolina 28203, has applied for a Department of the Army permit TO EXCAVATE BASINS, PLACE RIPRAP MATERIAL AND CONSTRUCT BOARDWALKS AND DOCKS ON LAKE NORMAN AT SOUTH AND STONE HARBORS, NEAR DAVIDSON, Mecklenburg County, North Carolina. The following description of work is taken from data provided by the applicant. Plans submitted with the application show proposed excavation along approximately 350 feet of shoreline at South Harbor and along approximately 400 feet of shoreline at Stone Harbor. Approximately 12,000 cubic yards of excavated material will result from work at South Harbor and approximately 7,500 cubic yards of excavated material will result from work at Stone Harbor. Excavated material, at both locations, is to be placed and retained on high ground. At South Harbor, riprap and erosion control matting is planned to be placed along approximately 900 linear feet of shoreline, and a 750-foot-long boardwalk with floating docks is planned to provide 152 boat slips. A gazebo and floating dock for swimming are also planned for South Harbor. At Stone Harbor, riprap and erosion control matting is planned to be placed along approximately 850 feet of shoreline, and a 500-foot-long boardwalk with floating docks is planned to provide 80 boat slips. An open- sided gazebo is also to be constructed at Stone Harbor. The purpose of the work is to provide facilities of recreation boating and swimming for residential developments. Plans showing the work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a Department of the Army permit be issued until the North Carolina Division of Environmental Management has determined the applicability of a Water Quality Certificate as required by PL 92-500. Approval of this permit will give Federal authorization for maintenance dredging for a period of time not to exceed 10 years from the date of permit issuance. The permittee will be required to present plans to the District Engineer a minimum of 2 weeks prior to commencement of such maintenance work. All maintenance would be performed in accordance with Federal, State, and local permits and regulations governing such activities at the time the maintenance is undertaken. NIL .s -2- This application is being considered pursuant to Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in this 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 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. J -3- 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 October 16, 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 October 12, 1987, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Hugh Heine, until 4:15 p.m., October 26, 1987, or telephone (919) 343-4725. Location Map The Lake Norman Company Davidson, N,C. Iredell County MecklenburCounty ?-- Lake Norman L Stone Harbor Site South Harbor tom.. n i i ? kGoodrun Site Lake Norman To pavidsOn? ?a ? e R/ Lak e Norman #87161 Lc it O EC,sit )I 1 No Scale 4- South Harbor The Lake Norman Company Davidson, N,C. Boat Docking Facilities Total No. of Slips 152 Lake Norman Lake Norman SNIT 2 LmioLx'siq ii #87161 Approx. Scale 1" = 100' r Stone Harbor The Lake Norman Company Davidson, N.C. Boat Docking Facilities Total No. of Slips 80 Lake Norman Lake Norman #87161 Approx. Scale: 1" - 10o' Residential; pevelopment i SUM . To 15F, #Z ?..?ac.r1`f-I P1 ?V?l INS. ? I G,xe&pxr3? 1i T1?A'W:17 T 1 ERO?Io?i t?L M?1" ? 1 II e cnow 7iiRu 10'01, Tyr .X71?T" 2x8 AV -W2 SoUT>I?.#?N ` J1t76C1 T IWe. .40 6ir-OU1P e4*4 rA,4:::T- -3/fly G ?wf l."i_ w/ ;L? WasNF,.1?. t5O T .4p 61qa?w 6ON7A-ter 2" ,.Co K Pte' 3 14 PICA ?' Co x !v K i t? A.-(- .? 1'??' INC= ?t.tT1IEf'N ! X40 /.??'bUI? G ! N I ?MW? I I i1 6LXS?a 2 LE 41 - - - - - - - - - ?-- VI ?.ut Ea?}pIN1 N C? ?oU?LE N?APEFC, PLAN M EE 1,1 SST .? Gig' ,¢ LA,N? MisI Ca N, Z?46. (411 , -L? I. _ -)' IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 September 18, 1987 SUBJECT: File No. SAWC087-N-060-0552 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Mills: RECEIVED SEP 2 3 1987 WATER OUACITY SECTION OPERATIoNo PRANCW. Enclosed is the application of Lake Norman Company, represented by Ms. Linn Zahner of Land Design, for a Department of the Army permit and a State Water Quality Certification to excavate basins, construct docks and piers and place riprap material on Lake Norman at South and Stone Harbors, Mecklenburg, County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorization of the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is considered a reasonable time for State action. Therefore, if your office has not acted on the request by November 18, 1987, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Hugh Heine, telephone (919) 343-4725. Sincerely, lJ? . Cha a W. Hol is Chief, Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Location Map The Lake Norman Company Davidson, N,C, Lake Norman Iredell County Mecklenburg Count_ Lake Norman Stone Harbor Site 0 unR '\ Q_ ? South Harbor Site #I';% /I m L a k a V? ?O ?rf f?jth R? g DavIdson 6 To e Norman #87161 Lt 0Dcsl(III N., Craln Sout r .h Harbor The Lake Norman Company Davidson, N.C. Boat Docking Facilities Total No. of Slips 152 Lake Norman 77 Residentlal Developm( I -T-P, - - IV n j I i Lake Norman SNE?T 2 ??' ¢- Lill1L? DC;SIi 11 #87161 Approx. Scale 1" = 100, . t Stone Harbor The Lake Norman Company Davidson, N.C. Boat Docking Facilities Total No. of Slips 80 Lake Norman Lake Norman Z,G111L? D°Sll 11 ? ' ? b #87161 Approx. Scale: 1" - loo' Res?identla(' evelopment ?. D .C,IGy N J3? AP'u F-P NN./ 0 VD414Y e:? AL.\/, OECR&N ?.IAJL 2 , J olfST - e;IEE- Cvt? 1?' ?T?.1G? I?1/ Igo I I.1`?' NI A1(_.6 .... . &X& A pi "J'fZI .TLt7 ?MT I 1 e".61N CaJT -a- DST' I I Io10° -r•ror .te r z)(e x v il?2 ?oUT ?+°.N `mil-?tJ6t1 ?I?I>r.. ..40 61)TDOPP Curt-i T- w/ -2x& x>3 t2K--.)7' _ ,? 6cN T/% tr ?G Il?i4?71111?.t-K. 2' XLo" X BALKI MCA X to X I b ."j17C' #2 SDUTI J Eft} 1 `f? ! .40 C,11LbU I?IU CW1 Cr ! N -AL Tp? r- i1 i? 6LA! 2 I j ! ? ?I.,.?-V?TIC?N 1I ? ICLI I U L aL VIE±.bt! ?I-}awlNGi tX?UpLE H?At??, ICI .AN VI EJA? IL? t)5-<D' 161 N I r-KG 1 ?4v RECEIVED EEPI DEPARTMENT OF THE ARMY S 2 81987 Wilmington District, Corps of Engineers WATLR QUALITY SECTION Post Office Box 1890 OPERATIONS BRANCH Wilmington., North Carolina 28402-1890 SAWC087-N-060-0552 September 24, 1987 PUBLIC NOTICE LAKE NORMAN COMPANY, represented by LAND DESIGN, 1701 East Boulevard, Charlotte, North Carolina 28203, has applied for a Department of the Army permit TO EXCAVATE BASINS, PLACE RIPRAP MATERIAL AND CONSTRUCT BOARDWALKS AND DOCKS ON LAKE NORMAN AT SOUTH AND STONE HARBORS, NEAR DAVIDSON, Mecklenburg County, North Carolina. The following description of work is taken from data provided by the applicant. Plans submitted with the application show proposed excavation along approximately 350 feet of shoreline at South Harbor and along approximately 400 feet of shoreline at Stone Harbor. Approximately 12,000 cubic yards of excavated material will result from work at South Harbor and approximately 7,500 cubic yards of excavated material will result from work at Stone Harbor. Excavated material, at both locations, is to be placed and retained on high ground. At South Harbor, riprap and erosion control matting is planned to be placed along approximately 900 linear feet of shoreline, and a 750-foot-long boardwalk with floating docks is planned to provide 152 boat slips. A gazebo and floating dock for swimming are also planned for South Harbor. At Stone Harbor, riprap and erosion control matting is planned to be placed along approximately 850 feet of shoreline, and a 500-foot-long boardwalk with floating docks is planned to provide 80 boat slips. An open- sided gazebo is also to be constructed at Stone Harbor. The purpose of the work is to provide facilities of recreation boating and swimming for residential developments. Plans showing the work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a Department of the Army permit be issued until the North Carolina Division of Environmental Management has determined the applicability of a Water Quality Certificate as required by PL 92-500. Approval of this permit will give Federal authorization for maintenance dredging for a period of time not to exceed 10 years from the date of permit issuance. The permittee will be required to present plans to the District Engineer a minimum of 2 weeks prior to commencement of such maintenance work. All maintenance would be performed in accordance with Federal, State, and local permits and regulations governing such activities at the time the maintenance is undertaken. -2- This application is being considered pursuant to Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in this 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 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. -3- 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 October 16, 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 October 12, 1987, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Hugh Heine, until 4:15 p.m., October 26, 1987, or telephone (919) 343-4725. Location Map The Lake Norman Company Davidson, N.C. Ire?dell County MecklenburgCounty i - Lake Norman Stone Harbor Site South Harbor y Qoodrun R *Ib Site w L V,C• ?O Lake Norman To dS0 Lake Norman f 11?1- #87161 L. Lc110 asic111 No Scale 4 youth. Harbor The Lake Norman Company Davidson, N.C. Boat Docking Facilities Total No. of Slips 152 Lake Norman ,NResidentlal Development Lake Norman Sfl?? 2 fir''' .? L?ittc?L?.?i?ltt P?-) Approx. Scale 1" = 100' Stone Harbor The Lake Norman Company Davidson, N.C. 7-i Boat Docking Facilities Total No. of Slips 80 Lake Norman L,a??c? Desi?vl #87161 T Approx. Scale: 1" - loo' T 0- Lake Norman evelopment '%-?- - - - r ? OF ? . I. i7??N? tt7 >3? a?u? W?/ ? ?ulyY GIALV, ¢+C.R?.?Il1 ?a? ?. Jols-T" Td MZ W./ I(o II• MAILS A." LUM15M Ta 13F, #Z -V 6-.,zu p 404164T. r-r !ox(o?c3 ?1 TRr:A'?tt7 ?T ? 1 Fr-06PI ,1 caiT zO. W4:r 1 it sacnoN 'THp,.Lt 10,du #2 SDUTHCt,-w `flrLlc? I PINm .40 G?GUt?lp G`fi' Zx8 x v iv2 0=10L >• M-444 avlue? .4v Gni`vvuuv caNrtACT' w/ ?T Wok-6HM Uol.-T 02 maVL THE9N YE14-dN11. 'PINE ,.00 ("Vz;uw GONTa cr Co x & X 10 71ZF-AT-.V 0 N 's t? i1 ?sc 1 Kow l i i I ?tT- ?J?VAT1dN TF Vlekl < F40VWNCn VCWM3 E- HSAPM LAKV MiaI GI N, r-KG. PLAN ViF.t.4 ?n I F_ of