19930670 Ver 1_COMPLETE FILE_19930823

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
°C. BCX 1. 890
'NILMINGTCN. NGRTH CAROLINA 28102-? oSv
N REPLY REFER TO
Mav 17, 1993

Regulatory Branch
Action ID. 199302068 and Nationwide Permit No, 1
Contained Disposal Areas) 6 (Ret?irn Water From Upland
Crescent Resources, incorporated t l,-•
400 South Tryon Street, Suite 1300 ?? VI
Charlotte, North Carolina 28202 l
Dear Sir:
Reference your April 15, 1993 application for Department of the Army
authorization to undertake construction work at the North Shore II Subdivision
on Lake Norman, off S.R. 113 (Isle of Pines Road), in Iredell County, North
Carolina. You are proposing to construct docks, piers, and floating boat
slips for 54 boats at this subdivision. In addition, you are proposing to
perform hydraulic dredging extending 40 to 80 from the shoreline in order to
establish adequate depths at the docks. No work is proposed that will impact
any wetlands in the area.
Provided the pier, dock, and boat slip constuction does not require
grading or filling below the 760 contour of the lake or in adjacent wetlands,
no Department of the Army (DOA) authorization is required for these
activities. However, the return water discharge to Lake Norman that is to
result from your proposed hydraulic dredging does require authorization as
urovided below.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization, pursuant to Section 404 of the Clean Water Act, was provided
for return water from an upland, contained dredged material disposal area
where the quality of the return water is controlled by the State through the
Section 401 Certification procedures. Please contact Mr. John Dorney of the
State at [phone] to obtain the required water quality certification or
a waiver of certification.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the

-2-
activity complies with any subsequent modification of the nationwide perm-1z
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Please be reminded that no grading or temporary storgae of
excavated/dredged material is authorized below the 760 contour of Lake Norman
or in any adjacent wetlands. Questions or comments may be addressed to
Mr. Steve Chapin, Asheville Field office, Regulatory Branch, telephone (704)
271-4014.
Sincerely,
Enclosure
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina
Mr. Steve Hemby
Duke Power Company
Post Office Box 1006
Chhaarlotte, North Carolina 28201-1006
.Ir. B.K. Barringer, Jr., P.E.
104 Westfield Center
Mooresville, North Carolina 28115
Management Lake Norman Dredging and Marine
of Construction, Inc.
Post office Box 44
Barium Springs, North Carolina 28010
27626-0535
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., RE., Director
August 18, 1993
Mr. Wade Harmon
Lake Management Operations Representative
Duke Power Company
P.O. Box 1006
Charlotte, N.C.
Dear Mr. Harmon:
DEl--INR
Re: Water Quality Section comments
Various dock, pier and minor dredging projects on Lake
Norman
Recently Mr. B.K. Barringer sent several plans to DEM, Water
Quality Section for review concerning plans for docks and piers in
Lake Norman specifically (Laurel Pointe Marina and East Shore II
Marina). From conversations with Mooresville Regional Office and
Central Office Staff in his office on 27 July 1993, I understand that
Duke Power requires land owners to contact us regarding water quality
concerns. Also as we discussed, DEM rarely has water quality concerns
with this type of project.
Therefore this letter will provide standing approval for new and
repaired docks and piers in Lake Norman until this letter is recinded.
In all cases you shall continue to notify the appropriate DEM Regional
Office of these proposed changes. If DEM has not responded within 30
days of the date of your letter, I hereby provide approval for these
projects.
In addition if dredging is planned which does not require a 404
PErmit from the U.S. Army Corps of Engineers, then DEM does not need
to be notified since no 401 Water Quality Certification would be
needed. However if an individual or Nationwide Permit (such as NW
Permit 16 for return water from upland diked disposal sites) is
required, then a 401 Certification will be needed. I look forward to
our meeting on September 7 in the Mooresville REegional Office to
discuss these matter.
Please contact me at 919-733-1786 if you have any questions.
c rely,
Jo 'n R. Dorney
We lands and Tec ical Review Group
lknorman
cc: Rex Gleason, Mooresville Regional Office
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 096 post-consumer paper
State of North Carolina IFR?TF
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor dft
Jonathan B. Howes, Secretary C) F= H N F1
A. Preston Howard, Jr., P.E., Director
August 18, 1993
Mr. Steve Shriner
Cresent Resources, Inc.
400 South Tryon Street
Suite 1300
Charlotte, N.C. 28202
Dear Mr. Shriner:
RE: Requests for dredging and return water discharge under
Corps of Engineers Nationwide Permit No. 16
North Shore II Subdivision, Isle of Pines Road
Lake Norman
Iredell County
DEM # 93670, COE # 199302068
Recently DEM received a request for a 401 Water Quality
Certification associated with the dredging and discharge of
return water from a project on Lake Norman entitled North Shore
II Subdivision, Isle of Pines Road. I understand that the Corps
of Engineers has authorized this project under Nationwide Permit
16. As the letter from the Corps stated, use of this Nationwide
Permit requires written concurrence from the Division of
Environmental Management through a 401 Certification. This
procedure changed on January 21 1992 when DEM issued a number of
General Certifications in association with the new Nationwide
Permits.
This change of procedures has resulted in some confusion and
uncertainty. I am aware that several Lake Norman dredging
projects (as well as those on other lakes) have been done without
proper DEM review and approval. I propose that DEM and other
interested parties develop design and operational procedures for
upland diked disposal areas which would speed-up DEM approval.
Mr. Mike Parker of the Mooresville Regional Office will be
working with Mr. Wade Harmon of Duke Power and others to develop
these procedures. If you would like to be involved please call
Mr. Parker at 704-663-1699. Information likely to be included in
these procedures include a 2:1 volume ratio (diked disposal
area:dredged material) and a one-foot freeboard to ensure
adequate settling. An operation and maintenance plan will also
probably be needed.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
. An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
n~ n ? M
Mr. Steve Shriner
August 18, 1993
Page 2
Please be aware that all uses of Nationwide Permit 1.6
require written DEM approval. If your company has plans for
additional use of this Permit, please take measures to ensure
that the DEM has been contacted for our concurrence. I believe
that the standard engineering protocols which will soon be
developed will allow rapid review and approval of these projects.
I can be reached at 919-733-1786 if you have any questions.
Sincerely,
rnR Dorney j
W tlands and T c nical Review Group
93670.1tr
cc: Mike Parker, Mooresville Regional Office
Asheville Field Office Corps of Engineers
Wilmington District Corps of Engineers, David Franklin
Central Files
Mr. B.K. Barringer
IMPORTANT
To
OUT
of
Phone
AREA CODE NUMBER EXTEN 10
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
Signed
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,,att.. f Environment, Health, and Natural Resources
K Ale v o v]v(? Printed on Recycled Paper
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 f2ni
August 6, 1993 no 15 (Uj --
IN nt""T ntrtn I V
Regulatory Branch
Action ID. 199300180
Ms. Susan L. Foster
Crescent Resources, Incorporated
400 South Tryon Street, Suite 1300
Post Office Box 1003
Charlotte, North Carolina 28201-1003
Dear Ms. Foster:
P
. Reference our May 18, 1993 letter regarding the violation of a
condition issued on a Department of the Army permit authorizing the
construction of an access road across a cove at Lake Norman for the North
Shores II Subdivision in ?_ elI`'?Eoiilaty? North Carolina. Specifically,
Condition Number 3 had not been complied with and we had ordered corrective
measures to be taken.
On July 20, 1993, Mr. Steve Chapin of my staff inspected the
restoration work which you completed. The inspection revealed that the work
had been completed to our satisfaction.
Your cooperation in resolving this matter is greatly appreciated. If
you have any questions, please contact Mr. Chapin in our Asheville
Regulatory Office at [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Zp Furnished:
John Dorne
Y
North Carolina Department of Environment,
Health, and Natural Resources
Division of Environmental Management
Water Quality Planning
Post Office Box 29535
Raleigh, North Carolina 27626-0535
u 18 in
l
V v
B. K. BARRINGER, JR., P.E.
104 Westfield Center Telephone [phone]
MOORESVILLE, NORTH CAROLINA 28115
July"' r, 1993
Mr. John Dorney
Water Quality Section
Division of Environmental Management
NCDEHNR
P. 0. Box 29535
Raleigh, NC 27626-0535
Re: North Shore II Subdivision
off Isle of Pines Rd.
Iredell County - Lake Norman
Engineer/Designer

Dear Mr. Dorney:
You received a copy of a letter dated May 17, 1993 from the Corps of Engineers to
Crescent Resources, Inc. They asked that we get your comments for inclusion in the
F.E.R.C. application.
We understand that there will be a minimal amount (less than 1 acre) of dredging in
the area of the docks. If you need further information, please let us know.
Thanks for your attention to this matter.
Yours tr ly,
f ?
l
B. K. Barringer, Jr., P.E.
N. C. Registration No. 3370
BKB/Irb
Enclosure