19961133 Ver 1_Complete File_19961210

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality

James B. Hunt. Jr.. Govemor
Jonathan B. Howes. Secretary
A. Preston Howard. Jr.. P.E.. Director

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December 19, 1996
Mecklenburg County
WQC 401 Project #961133
~CProject~0.2232

APPROVAL or 401 Water Quality Certification

Riverpointe Marina Association
c/o Clone and Co.
P.O. Box 35429
Charlotte, ~C 28235

Dear Sirs:

You have our approval to impact in waters for the purpose of constructing boat slips at Riverpointe
Marina Association on Lake Wylie, as you described in your application dated 6 December 1996. Mter
reviewing your application, we have decided that this fill is covered by General Water Quality Certification
~umber 2674. This certification allows you to use General Pennit ~umber 030 when it is issued by the
Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If total
wetland ftlls for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A ~CAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must
follow the conditions listed in the attached certification. In addition, you should get any other federal, state
or local pennits before you go ahead with your project AlSo this approval will expire when the
accompanying 404 or CAMA pennit expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition which confonns to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are fInal and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act If you have any questions, please telephone John Dorney at 919-733-1786.

Sincerely,

Attachment

~~

e n Howard, Jr. P.E. /

cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
Mr.lohn Dorney
Central Files

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Division of Water Quality · Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd.; Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer. 50% recycled/10"k post consumer paper

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REQUEST FOR PERMISSION TO CONSTRUCT
FLOATING BOAT SLIPS FOR USE AS A
PRIVATE RESIDENTIAL MARINA 4011SSUEO

TO SERVE
RIVERPOINTE MARINA ASSOCIATION
MECKLENBURG COUNTY

SUBMITTED BY:

RIVERPOINTE MARINA ASSOCIATION
%CLINE & COMPANY
PO BOX 35429
CHARLOTTE, NC 28235

FILED BY:

DUKE POWER COMPANY
LAKE MANAGEMENT
PO BOX 1006
CHARLOTTE, NC 28201-1006
MAIL CODE: EC12Q

PROJECT NO. 2232

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TABLE OF CONTENTS

1. Purpose of Notification

2. Letter to Duke Power - Lake Management

3. Staement of Proposed Use

4. Facility Location and Description

5. Previous Agency Letter submitted

APPENDIX

A. FERC Permits
B. Duke Power Lease

PURPOSE OF NOTIFICATION

In accordance with the request of Duke Power Lake Management, this submission is to
advise you of the pending construction of previously permitted slips at the RiverPointe
Marina. The information contained herein is to reacquaint you with the facility and your
response to our original request. We have also included the FERC permits covering this
facility as well as the Duke Power Lease.

If your agency is required to respond to this request, please forward such response to the
address enclosed herein.

Crosland Land Co.

THE CROSLAND GROUP, INC.

December 2, 1996

Mr. Joe Hall
Duke Power Company
%Lake Management- EC12Q
PO Box 1006
Charlotte, NC 28201-1006

RE: RiverPointe Marina

Project No. 2232

Dear Mr. Hall:

The RiverPoint~ Marina Associaiton hereby agrees to comply with all recommendations,
requirements and/or conditions contained in the attached letters and permits from the
various federal, state, and local agencies pertaining to our application to continue
construction of the previously permitted RiverPointe Marina located on Lake Wylie in
Mecklenburg County.

The Marina will add 6 slips this year and possibly 4 to 6 per year up to 90 (total permitted)
slips.

Sincerely,

RIVERPOINTE MARINA ASSOCIATION

W~ /0. O~-:K--

William G. Daleure, II
President

Enclosures

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STATEMENT OF PROPOSED USE

The proposed use of 1.66 acres of the property is for a private marina previously approved
and permitted for 90 boat slips. 60 boat slips have been built and this request is to continue
building the remaining 30 as demand requires. The rights for this facility are held by the
RiverPointe Marina Association. The address is RiverPointe Marina Association, %Mr.
Charles Kolton of Cline & Company, PO Box 35429, Charlotte, NC 28235.

FACILITY LOCATION AND DESCRIPTION

The RiverPointe Marina which is a private Marina is located in the RiverPointe
neighborhood. Exit 1-77 on Carowinds Boulevard West. Turn left on HWY 49 and travel
south to within half a mile of the state line. Turn right on RiverPointe Drive which leads to
the Marina.

The location of the RiverPointe Marina is shown on the attached map. The attached
registered land survey shows the existing leased area as well as the structure which is then
marked as existing and to be built.

This facility will be used to serve only the residents of RiverPointe subdivision,

The Marina facility currently includes two 30 slip floating piers to accommodate 60 boats.
The approved and permitted facility allows for the construction of an additional 30 slip
floating pier to accommodate 30 additional boats. The facility, when complete, will be 210
feet long by 210 feet wide. The facility will be constructed of high quality galvanized steel
and concrete materials encapsulated styro foam tubs for floatation. See physical survey
map labeled Drawing No. I for the layout of the facility. This facility, which is being built
in phases, will be used for access to the lake for recreational use by the residents of the
RiverPointe subdivision.

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DUKE POWER COMPANY
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REF. OWG. NO. L, If. 4/- C -I

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DUKE POWER COMPANY
WYLIE DEVELOPMENT
AReA LEASED TO
RIVER PO I NTE HOMEOWNERS ASSN., INC.
STEELE CREEK TOWNSHIP
MECKLENBURG COUNTY, N.~
seA LE: /" . /00' JUNE 7 I 1966
CArAW8A rILE NO. 571

NorE: REVISED 1-27-89

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MECKLENBURG COUNTY
Department of Environmental Protection

December 9, 1988

Mr. Dale E. Pearson
Pearson Development Services Company
7313 Mossborough Court
Charlotte, N.C. 28212

Re: RiverPointe Subdivision Marina
Plantation Pointe Development
Company

Dear Mr. Pearson,

The Mecklenburg County Department of Environmental
Protection (MCDEP) received your letter of December 2, 1988
concerning the expans ion of thirty (30) boat slips to the
existing marina for a total of ninety (90) boat slips. Our only
comment is a recommendation that pump out facilities be provided
if boats with heads will be utilizing the boat slips.

Thank you for the opportunity to comment on the proposal.
If you have any questions, please call me at 376-4603.

~:C]:Y: ) /;J , ·

Barbara S. Wiggin~
Environmental Hygienist
Water Quality Section

BSW/slc

EXHIBIT IIAII

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DEPARTMENT OF THE ARMY
WII.MINOTON OISTRICT. CORPS OF ENOINEERS
P.O. SOX 1890
WILMINOTON, NORTH C~ROLINA 28.02.1890

April' 22, 1988

IH REP\." REFE" ro
Regulatory Branch

SUBJECT: File No. SA~C088-N-060-0187

Plantation Pointe Development Company
1343 Matthews Township Parkway, Suite 201
Matthews, North Carolina 28105

Gentlemen:

In accordance with the written request of February 12, 1988,
and the ensuing administrative record, enclosed is a permit to
construct boat slips, a residential marina, on Lake ~ylie,
adjacent property off Camp Steer Road and North Carolina
Highway 49, Mecklenburg County, North Carolina.

If any change in the authorized work is required because of
unforeseen or altered conditions or for any other reason, the
plans revised to show the change must be sent promptly to this
office. Such action is ne~essary as revised plans must be
reviewed and the permit modified.

Please carefully read your permit. The general and special.
conditions are important.' Your failure to comply with these
conditions could result in a violation of Federal law. Certain
significant general conditions require that:

a. You must complete construction before December 31, 1991.

b. You must notify this office in advance as to when you
intend to commence and complete work.

c. You must allow representatives from this office to make
periodic visits to your worksite as deemed necessary to assure
compliance with permit plans and-conditions.

The enclosed Notice of Authorization, ENG Form 4336,' must be
conspicuously displayed at your worksite.

~

J8.I!:an Vithalani
Sincerely, Acting District Engineer

~~~~ ~~:->

Paul W.Woodbury
Colonel, Corps of Engineers
District Engineer

Enclosures

-2-

Copy Furnished with enclosures:

Director, Atlantic Marine Center
National Ocean Service
A!TN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510

Copies Furnished with special conditions and plans:

Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039

Mr. Randy Cheek
National Marine Fisheries Service
Habitat Conservation Service
Post Office Box 570
Beaufort, North Carolina 28516

Mr. William L. Kruczynski, Chief
Wetlands Section
Marine/Estuarine Branch
Region IV
Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365

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

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Application No.

S)WC08S ~ QGO 0187

Name 01 Appllcanl

PLurr.HION rOIN::::: f)e-n:LOl'd~.H COMPANY

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EUectlye Oale

APR r ~ 1988

Expiration Olle (/(oppUcobu)

J1 61::1.I::wbC:4 1991

REGULA TORY BRANCn

DEPARTMENT OF THE ARMY
PERMIT

ReCerring to writ~a request dlted ... co Ij I" 19Sdor a permit to: .
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I Xl PerCorm work ia or aUecting aavigabll wlters of thl United States. upoa the recommendatioa of the Chief of En~neen.
pursuant to Sectioa 10 of the Riven Ind Hlrbors Act of Mlrch 3.1899133 U.S.c. 4031;

I ) Discharge dredged or fill ma~ria1 into waters of the Uaited States upon the issuancI of a permit from the Secretary of the
Army acting through the Chief of En~neen punuant to Section 404 of the Clean Water Act 133 U,s..C. 13441: -

I ) Transport dredged material for the purpose of dumping it into ocela weten upoa the Issulace of I permit from the
Secretary of the Army Icting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and
Sanctuaries Act of 1912186 Sca'- 1052: P,L. 92.532]:

Plantation Pointe Development Company
1~48 Matthews Township Parkway, Suite 201
Matthews, North Carolina 28105

Is hereby authorized by the Secretary of the Army:
to

construct boat slips, a residential marina, ou Lake Yylie,

In adjacent property off Camp Steer Road and North Carolina Highvay 49

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Mecklenburg County, North Carolina

in Iccordanc. with the plans and dnwiZlgs attached hereto which are iZIcorporaced In aad mad. a part oC this permit (o"4rGlI7-
in~s. ,iue (i.U "wnb~~o~otA~~d~rutic~ itU"tifkatio" m41'4...)

lubject to the Collowing conditions:

I. Genera' Condltlons:

a. That all activities Identified and authorized h.reln shan be consistent with the terms and conditio as of this permit; and
that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditioas oC
this permit which may result il1 the modification. ,u,pel1sion or revocation oC this permit-In whole or In part. IS set forth more
apecifically in Oeneral Coaditions j or k hereto. and in the Institution of ,uch lept proceediacs as the United States Goveru-
ment may consider appropriate. whether or not this pennit has been previously modified. ,uspended or revoked in whole or in
part.

ENG FORM 1721, Sep 82

EomON OF 1 JUL TT IS OBSOLETE

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b. That all activities authorized herein shall. il they involve. during their COIUtruction or operation. any discharge o(
pollutants i.ato "'aten ol the United Statu or ocean "'aten, be at all ticu consisteat with applicable water quality standards.
elfluent limitations and standards ol performance. prohibitions. pretreatment standards and managemaat practices establish,
ed punuant to the Clean Water Act 133 U.S.C. 13441. the Marine Protection. Ruearch and Sanctuariu Act ol 1972lP.L. 92.532,
l#) SC4t. 10521. or punuant to applicable State and localla",.

c. That when the activity authorized herein involves a di.scharge during its construction or operation. or any pollutant
(iN:ludinc drYdc.J. O~ /iU m"c",,,ll. into water.s o( the United States. the authorized actiyity shan. if applicable water quality stan.
darcb are revised or modified during the term ol thi.s permit, be modilied. if necessary. to contorm with such revised or modified
..atar quality standard.s within 6 month.s ol the .llective date ol any revision or modUication ot water quality standards. or u
clirectad by an implementation plaa contained i.a .such revised or modilied standard.s, or within such longer period ol time u the
Di.strict EnginHr. in consultation with the Regional Admini.strator ol the Environmental Protection Agency, may determine to
b. reuonable under the circum.staaces.

d. That the discharge will not destroy a threatened or endangered species as identified under the Endangered Species Act.
Or' endanger the critical habitat ol .such species. .

L That th. permittee agrees to make every renooable elfort to prosecute the coostruction or operatioa ol th. work
authorized h.reio in a manner so as to minimiza aoy advene impact 00 fish. ",ildlile. and natura! environmental nlues.

f. That tbe permittee agrees that he ",ill prosecute tha construction or ",ork authorized herein in a manner so u to minimize
any degndation ol weter quality.

g. Tbat tbe permittee shallallo", the District Engineer or his eutborized representative!s) or desig-uee(s) to ma.ke periodic in'
spections at a ny time deemed aecessary in order to a"ure tbat tbe activity beiag performed under authority o( this permit is in
accordance witb tbe ter~-s and conditions pre';c~ibed her~in:'-

h. Tbat tbe permittee shall maintain the structure or work authorized herein in good condition and in reasonable ec.
cordance with tbe plans and drawings attached bereto.

.. . .. ..
L Tb~t thi.s permit doe.s not con';ey any pr~perty rlgbts:either in re~l estate or material. or any exclusive priYileges: and
that it does not authorize any i.ajury to property or invnion ol rights or any i.afringement ot Federal, State. or local laws or
regulations,

1. That this permit does not obviate the requirement to obtain state or local assent required by la.. for the activity authoriz.
ed herein.

It. That this permit mey be either modified, iu.spended 'Or revoked ili ;'h~i~ or in part punuant to the policies and pro-
cedures ol 33 CFR 325.7.

L That in iuuing thi.s permit, the Government has.relied on the intormation and data which the permittee hu provided in
connection with his permit application. It. subsequent to the iuuance ol this permit, such i.atormation and data prove to be
matarially lalse. matariany i.acomplete Or' inaccurate. this permit may be modified. sa.spended or revoked. in whol. or in part,
and! or the Government may, ili addition. institute appropriate legal proceedings. .

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m. That any modUic.tioD. su.speasion: or revocatioa of this permit shan not b. the basi.s for any claim for damaps against
th.Ua.itedStatas," ." . -. ' , .

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D. That the permittee shall notify the District Engineer at ..hat time the activity authoriud herein will b. commenced. as
far in advanc. of the time at commencem.nt as the Di.strict Engineer may specify, and of &.ay 11UpeDlion of work. if for a period
of more than on. we.k. resumption of work and ita completion. .

o. That it the actiyity authorized herein i.s notcompletad on or betore 3 t Seray at DEC19 q I ,(tltrff y~

(rom tM clac. of iuUAllc~ of tAU JWmUt unku otlwrwiu slHcifi.<<i) thi.s p.rmit, it not previou.sly revok.d or specifically extended.
ahall automaUcally expire.

p. That thi.s permit does Dot authorize ~r ~pproYe the c~nstrUction ot particular structures, the authorization or approval of
..hk~ may require author:iution by the CODgreU or other agencies at the Federal Government.

q. That if and when the permittee desires to abaadon the activity authorized herei.a, aaleu such abandoament is part of a
tra.asfer procedure by which the permittee is trans felTing hi.s interest.! hereil1 to a third party pursuant to General Condition t
hereol, he must restore the lrea to a condition satistac~ry to .the District Engineer.

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r. That it the recording of this permit i.s pouibl. ander applicable Stata or loca1la"., the permittae shall take -such action as
may be neceuary to record this permit with the Register ol DHds or other appropriate official charged with the responsibility
for maintaining records o( title to and intarests in real property. '. '. ;.:: .

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s. That there shall be no unreasonable interference with nayigation by the ui3tence or use ol the activity authorized

herei.a.

t. That this permit may not be transferred to a third party without prior written notica ~ the District Engineer, either by
the tra.asCeree's written agreement to comply with all terms and conditions ol thh permit or by the tranderree subscribiag to
this permit ia the space provided below and thereby agreekg to comply with al\ tern" and conditions oC this permit. In addi.
tion. if the permittee translen the interesb authorized berein by conveyance oC realty. the deed ,hall r.Cerance this permit and
the terms a.ad conditions specified herein and this permit ,hall b. recorded along with the deed with the Register ol Deeds or
. other ap'propria~ offieia.l. .

u. That if the permittee during prosecution of the work authorized herein, ancounters a previously unidentified ar-
cheological or other cultur-a! resource within the area subject to Department of the Army juri, diction that migl1t b. eligible for
listing i.a tha N' ationa! Register ol Hi3toric Places, h. ,hall immediately notify the district engineer.

II. Special Conditions: Ul~,...~, COnditiofU n14tin, ,P<<ifi=11y to eM pl'Opoud ,t7uccu,... ot'urot'A: .,.cI&orizrd by UW SHnnic/:

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a. No attempt will be made by the permittee to prevent the full and free
use by the public.of all navigable waters at or adjacent to the authorized
work. Use of the permitted activity must not interfere with the public's
right to free navigation on all navigable waters of the United States.

b. The permittee will maiqtain the authorized work in good condition and
in conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he abandons the permitted activity without
having it transfered to a third party.

c. The authorized structure and associated activity will not cause an
unacceptable interference with navigation.

'.

3

The following Special Conditions will be .pplicable wben .ppropri.te:

5nUCTURES IN OR AFFECTING NAVIGAllE WATERS OF THE UNITED STATES:
.. Th.t this permit does not .uthorize the interference with .ny existing or proposed Feder.1 project .nd th.t the permittee
.h.1l not be entitled to compensation for dam.ge or injury to the structures or worlc authoriud berein wbicb m.y be caused by
or result from existing or ruture oper.tions undertalcen by the United Stetes ill the public interest.

b. Tbat no attempt sball be m.de by the permittee to prevent the fuU .nd free use by the public of aU n.vig.ble w.un .t or
adj.cent to tb. activity authorized by this permit.

Co That if the displ.y of lights and sign.ls on any structure or worlc .uthorized herein is not otharwise provided for by I.....
auch Ughts .nd sign.ls as m.y be prescribed by the Unit.ld States Co.st Ciuardsb.U be instelled .nd maintained by .nd at the
expense of the permi<<ce.

Ii. That the pucittee. upon receipt of a notic. of reyocation of this permit or upon its upiration before completion of the
authorized strUcture or worlc. shall. ...ithout upense to the UDited SteteS and in such time .nd manner as the Secretary of the
Army or his .uthorized representative may direct. restore the waterway to its former conditions. If the permittee fails to com.
ply with the direction of the Secretary of the Army or his authorized representative. the Secretary or his designee m.y restore
the waterway to its former condition. by contr.ct or otherwise. and recover the cost thereof from the permittee. .

e. Structures for Small Bo.ts: That permi<<ce hereby reco(Uizes the possibility that tha structure permitted herein may be
aubject to damage by w.ve wash from passing vessels. The issuaace of this permit does not reUeva the permittee from taking all
proper steps to insure the integrity of the structure permitted herein and the safety of boets moored thereto from damage by
..ve wash and the permittee sh.ll not hold the United States li.ble for LllY such dam.ge.

MAINTENANCE DREDGINC:
a. Tbat wben the worlc authorized herein includes periodic maintenance dredging. it may be performed under this permit
for yesrs from tbe date of issuance or-tbis permit (UIl1ur. UIlUU otJur.uiu indicatld);

b. Tbat tbe permittee will advise the District Engineer in writing at least two weeks berore he intends to undertalce any
.maintenance dredging.

OISCHARGES OF DREDGED OR Fill MATERIAL INTO WATERS OF THE UNITED STATts:
a. Tbat the discharge will be carried out in conformity with the loals aad objectives of the EP A Ciuidelines estabUshed pur.
aUaJ1t to Section .c04(bl of the CleaJ1 Water Act and published in 40 CFR230;

b. That the discharge will consist of suitable maurial fre. from toxic poUutants in toxic amounts.

Co That the fill creaud by the discharge wiIl be properly m.intained to prevent erosion and other non'point sources of pollu.

tion. . .

DI~OSAl OF DREDGED MATEllIAllNTO OCEAN WATERS:
:. &. That the disposal will b. carried out.inconformity with the pals. objectives. and requirements of the EPA citeria
e.tablisbed pursuant to Section 102 of th. Marina' Prouction. Reseuch and Saactuaries Act of 1.972. PllbUshed in 4O-CFR 22()'
228. r' .

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b. That the permitue shalf place a copy of this p.rmit in a coospicuous place in th~ Yassel to Ii. Ils.d for the transportatioll
alld! or di.sposal of _the dredged material as authorized herein..
... . ~ . .. .

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ffective 011 the date of the District Engineer's signature.
mply:w:ith die urias aad conditiollS oithis permit. . .'
OF NT COMPANY' 4./Z'/6b

, . DATE

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Ac~~;:g Di~~!"ict E.'Ei4~~ \ Be

.

PAUL W. WOODBURY,
DISTRICT ENGINEER.
u.s. ARMY, CaRl'S OF ENCINEERS

Transreree bereby agrees to comply with tbe urms and conditions of this permit.

,..

DATE

TRANSFEREE

OATE

4

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT. CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402.1890
January 10, 1989

IN REPL V REFER TO
Regulatory Branch

SUBJECT: File No. CESAW-CO-88-N-060-0187

Mr. Dale E. Pearson
Pearson Development Services
7313 Mossborough Court
Charlotte, North Carolina 28212

Dear Mr. Pearson:

Reference the Department of the Army permit issued on April 26, 1988, to
Plantation Pointe Development Company to construct boats lips for a residential
marina on Lake Wylie, Riverpointe Marina, off Camp Steer Road and NC Highway
49, Mecklenburg County, North Carolina. Also, reference your written request
of December 2, 1988, on behalf of Plantation Pointe Development Company for
permit modification to realign the marine facilities.

The permit is hereby modified to include the work as shown on the enclosed
plan. It is understood that all conditions of the original permit remain
applicable, and the expiration date is unchanged.

BY AUTHORITY OF THE SECRETARY OF THE ARMY:

Sincerely, John F. Miniclier, Jr.
l.iou tC1::2.n t Co lcne 1,
Corps of Engineers

~ ,--..~\ )~(~I/'I'~jPut.y District. El1gin~eT

Paul~ ~oo~bury \
Co 0 el, Corps of Engi ers
District Engineer

Enclosure

Copies Furnished ~ith enclosure:

Director, Atlantic Marine Center
National Ocean Service, NOAA
Attention: CAM04
439 West York Street
Norfolk, Virginia 23510

Mr. John Parke r
North Carolina Department
Resources and Community
Post Office Box 27687
Raleigh, North Carolina

of Natural
Development

27611-7687

Duke Power Company
Post Office Box 33189
Charlotte, North Carolina 28242

JAN 11 '89 11:01

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UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION

4 5 [fBe f 62 007

:.: -."

, Duke' Power' Company

. .
. .

.. 'f' ..

project No. '2232-207 . '.-":"
North Carolina . . . ;..,

.i.~!. n

..:~

ORDER APPFOVING CHANG~' IN LAND"RIGHT~r"

(Issued October 6, 1988)

. On July 27, ~1988, the, Duke Power Company (licensee)
. ., .r~'gY:~~ted ~.u~ho~i ~a tion. .~?..~l?.su.e. ap,ermit .to t~e ~lan ta tion: . .-: '
. ~:Poil1~e, Deve.1opmc~t. company .~tPP-?C)<tcf: cons.truct pt'l.va,te, boat....>~:':':.:::.
':. sllpsi: ,within the Catawba--::-Wa"teree Prbj.ect;. bounda..iy;' ',~fo serve,.the':"':'-
'residents of the River poln'teSubdivls1on. The PPDC proposes'to '.' ,
install two floating piers"~dth 60 boat slips. extending about 230 '
feet into a cove located off'the main body of Lake Wylie.

The U.S. Fish and Wildlife Service, N.C. Department of
Natural Resources and Community Development, and the N.C.
Department of Cultural Resources, by letters dated January 11,
1987, and October 14 and 16, 1987/ respectively/ expressed no.
objection to the proposed development. The N.C. Wildlife
Resources Commission (WRC), N.C. Department of Human Resources
(DHR), Mecklcnberg County Department of Enviro~ental Protection
(MCDEP)/ and the U.S. Army Corps of Engineers (COE), by letters
dat~d October 16/ 1987, January 27, 1988, and April 18 and 22,
1988, respectively, also expressed no objection to the proposal
provided certain conditions are met. The following conditions
were recommended: (1) the WRC stated that reflecting markers or
lights should be installed on the boat docks to make them visible
at night; (2) the DHR stated that adequate precautionary measures
should be taken to minimize pollution from boat motors, and that
the preservative used in treating the wood for the boat bottoms
shall not contain any harmful chemicals; (3) the MCDEP requested
that toilet "pump out facilities" should be provided if boats
with toilets will be utilizing the boat slips and; {4) the C.OE
stated that all conditions of the issued 404 permit'must be '~et.

The licensee should include in its permit to the PPDC,
stipulations that require the PPDC to: (1) provide adequate
warning devices (i.e. reflectors) that will make the entire
cluster dock facility visible at night; (2) notify all boat slip
usars that they must abide by state or local laws that prohibit
the use of toxic chemicals contained in some boat bottom paints;
(3) notify all boat Slip users that boat toilet facilities that
are designed to discharge human waste into the waters of Lake
Wylie are prohibited; and (4) make available to boat slip users/
equipment designed to pump out waste from boat toilets.

OC-A-3

..

.2 . :,'~

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Implementation of these measures 'w.;~ld:.n1ake thebb'at'slip' ;:.~\';':'.;:.~<:'
facility "visible to boaters at nigh:t':;and"'would r:'educ~ the ....:.~::.:.......
potential for any water 'quality. degradation associ"ated with'" '. .. . . .
operat.ion of the facility. . '.:.. '.;' . . ..' :., '. ..
. . .. . . ...... :'. ...... .,,-.i~~"
'. .

. .' The 'envirornri~l)ta1 effects..of :'constructing., t-he.-pI"oposed .:',. ....
_ facilities would;:be minoi~.'Nq"diedgc:"~rid;.-fill'a.ctivities are: .~..~ .
proIiosed. . No wetland areas.:would be 'distUrbed. . Locali~ed long": ". '
term. m.ino'r'degradation in' 'water' q\lality . may occur due .to motor .
boat"fuel 'and oil leakages. . Localized short-term minoi' incrcas'es
in, .s.6d.imentatio~ "and turbi'd.ity'may result during _ the construction
. "f t'h' b t"o: k f .. 'I' t' :., ;.'. ..,.'. , .....'.:;,..:'. , . .,.. '... . . :.- ..' :. .
.0 ", ~. 0.3. " oc. aCl 1. y.~ '.' .... "': :., .,.... ....... ,'",;''' . ......:: . :., . ' . ." .:-;;. .... ...;.,
, .~. ;':';':Y:.i::~;'~: ..... ::-;. >:' :'~ .. ;.:;: :,:.:. '.; ....,./>.X:/: ;:,~'~::'.-::~~: ':~;:: "~!'f~~'.;./'~':','" '::.'.1~~:::;:.;:-<<':':.::' : ..::':;~~: r~.'. '.~~~'.'),-
'~c.iD1-rector orders. '':'''~':','. ..' ....;.....-... '. . ,.,.".,::..

. (A') The application for authorization to '.:ipprovc the
construction of.'GO boat slips for use by the residents of the
Plantation pointe subdlvision, fil~d on July 27, 1987, is
approved if the conditions set forth in paragraphs B through D of
this order are included in the permit to PPDC.

(B) Adequate warning devices (i.e. lights or reflectors)'
must be installed to make the entire cluster dock facility
visible at night.

(.C) The PPDC must put all boat slip users on notice that
they must abide by state or local laws that prohibit the use of
toxic chemicals contained in some boat bottom paints and that the
use of boat toilet facilities that are designed to discharge
human or any other wastes into the waters of Lake Wylie are
prohibited.

(D) Equipment designed to 'pump out waste from boat toilets
must be made available to the boat slip users.

(E) This order is issued under authorization'delegat~d .to
the Director and is final unless appealed to the Commission -~der
Rule 1902 within 30 days from the'dd'ate~~ ord,r.

. Mark Robinson
Director, Division of Project
Compliance and Administration

..

., l ffB:- ~ 52 C.32

~NITED STATES OF ~1ERICA
FEDERAL ENERGY REGULATORY COMMISSION

Duke Power Company

Project No. 2232-218
North Carolina

ORDER APPROVING NONPROJECT USE OF PROJECT LANDS

( Issued April 14, 1989 )

On March 8, 1989, Duke Power Company (licensee) requested
Commission approval for the construction and operation of an
additional 30 boat slips by the Plantation Pointe Development
Company for Riverpointe Marina (bringing the total to 90 Slips).

On October 6, 1988, an order was issued approving the
construction and operation of the original 60 boat Slips. The
additional construction will consist of a single 30-slip floating
pier, anchored to the bed of Lake Wylie with self-driving piles.

The licensee consulted with appropriate federal, state, and
local agencies concerning the construction. The Department of
the Army, Wilmington District Corps of Engineers, the North
Carolina Department of Cultural Resources (State Historic
Preservation Officer), and the North Carolina Division of Health
Services had no objection to the proposed construction.

The U.S. Fish and Wildlife Service (FWS) stated that the
proposed addition may adversely impact fish and wildlife
resources. However, due to staffing limitations no further
action would be taken.

The Mecklenburg County Department of Environmental
Protection had no objection and recommended that pump out
facilities be provided if boats with heads will be utilizing the
boat Slips.

The North Carolina Wildlife Resources Commission stated that
no permit was required from their agency, adding a request that
appropriate lights or reflective markers be added to any slip
that may represent a boating hazard.

To ensure that pollution associated with the proposed
development is minimized, wood preservatives used in treating the
wood in the boat slips should not contain dangerous chemicals and
boat Slip users should be made aware of local and state water
pollution control laws. .

The addition of a single floating pier to the eXisting
facility will have only minor environmental impact.

!':\~~'''':''~I

OC-A-3

~ ,

-2-

Implementation of the requests and re=ommendations identified
above would ensure long-term impacts to the environment are
minimal. The proposed construction will have no effect on
project operation and is compatible with recreational uses of the
project.

The Director orders:

(A) The above described application for authorization to
permit marina development is approved with the provision that the
conditions set forth in paragraphs B through G are made a part of
this permit.

(B) Warning devices (i.e., lights or reflectors) must be
installed at each boat docking and pier facility in sufficient
numbers to ensure that the facilities are visible at night to the
boating public.

(C) Preservatives used in treating the wood used for the
bulkheads, boardwalks, and docks must not contain any chemicals
that are prohibited by state and local laws.

(D) Each applicant must put all boat slip users on notice
that they must abide by state or local laws that prohibit the use
of toxic chemicals contained in some boat bottom paints and that
dumping waste from boat holding facilities is prohibited.

(E) Equipment designed to pump out waste from boat toilets
must be made available by the marina owner to boat slip users who
have boats equipped with toilet facilities.

(F) The use of the subject land and water shall not
endanger health, create a nuisance, or otherwise be incompatible
with overall project recreational use. Furthermore, the licensee
shall take all necessary precautions to ensure that the
construction, operation, and maintenance of the authorxzed
structures or facilities will occur in a manner that will protect
the scenic, recreational, and environmental values of the
project.

(G) The Commission reserves the right to require the
licensee to take remedial action to correct adverse environmental
impacts resulting from the authorized action.

-3-

(H) This order is issued under authority delegated to the
Director and is final unless appealed under Rule 1902 to the
Commission by any party within 30 days from the issuance date of
this order. Filing an appeal does not stay the effective date of
this order or any data submittal specified in this order. The
licensee's failure to appeal this order shall constitute
acceptance of this order.

~~

irector, )~~~on of Project
ompliance and Administration

.'

"

l'

STATE OF NORTH CAROLINA

COUNTY OF MECKLENBURG

LEASE

T~ LEASE AGREEMENT, made and entered into this 3/~
of ~ , 1988, by and between RIVERPOINTE
HOMEOWNERS ASSOCIATION, INC., a North Carolina non-profit
corporation, hereinafter called "Landlord", and RIVERPOINTE
MARINA ASSOCIATION, INC., a North Carolina non-profit
corporation, hereinafter called "Tenant";

day

N 1. 1: N ~ .s. .s. ~ 1: li:

That for and in consideration of the mutual promises and
agreements of the parties hereto, and in further consideration
of the rental agreed to be paid by Tenant to Landlord, all as
hereinafter set out, said Landlord has leased, rented and
demised, and does hereby lease, rent and demise unto Tenant,
and Tenant does hereby lease and rent from Landlord the
following described property on the hereinafter set out terms
and conditions, to-wit;

1. Demised Premises. The property (hereinafter called
the "demised premises") this day leased to Tenant as described
on Exhibit A which is attached hereto and incorporated herein
by reference. The demised premises is leased by Landlord to
Tenant without warranties or covenants of any kind, express or
implied, and Tenant accepts the property in an "as is"
condition, sUbject to easements, dedications, rights-of-way and
covenants, conditions and restrictions of re~ord.

2. Duke Power Lease. A portion of the demised premises
is the lake bed of Lake Wylie which has been leased by Landlord
from Duke Power Company (hereinafter "Duke Power Lease"), a
copy of which is attached hereto as Exhibit A. Tenant hereby
agrees to keep, observe and perform all the agreements,
conditions and terms of the Duke Power Lease, including payment
of the annual rent on the part of the original Lessee and
agrees to become jointly and severally liable with Landlord for
the future performance of the Duke Power Lease. Te~ant further
agrees to hold harmless and indemnify Landlord against any
liability arising as a result of Tenant's failure to perform
the covenants and conditions of the Duke Power Lease. In the
event the Duke Power Lease expires or is terminated, this Lease
shall also terminate.

3. Term of Lease. The term of this Lease shall be thirty
{30} years, commencing at 12:01 a.m., ~NVA.ey i' ,
19B-Q, and ending at midnight, J)€Cfi't??IJ6e '3/ ',2018,
59

JGW/jbt/9-7-88/533

. l'

except that the term of Lease shall terminate earlier as
provided in Paragraph 2 hereof if the Duke Power Lease for the
lake bed between Landlord and Duke Power Company, Inc. expires,
or is terminated.

4. Rental. The rental to be paid by Tenant to Landlord
shall be $1.00 per annum, which said rental shall be payable in
advance of the first day of each and every year thereafter.

5. Obliqations of Tenant. Tenant agrees with and for the
benefit of Landlord as follows:

a. Tenant will make all rental payments, including
payment to Duke Power Company, of the annual rent hereunder and
of the Duke Power Lease on or prior to the due date thereof and
will provide, at its sole cost and expense, all utilities and
other services and materials necessary for the operation of the
demised property.

b. Tenant shall pay before delinquent all taxes to
become payable on the demised premises, including taxes on any
improvements thereon; shall pay all assessments for street
improvements, if any, or otherwise levied by any public taxing
authority; shall maintain adequate fire and extended coverage
insurance in amounts not less than sufficient to comply with
all co-insurance requirements; shall maintain adequate public
liability insurance, naming Landlord, Tenant, and Duke Power
Company as insureds, in an amount required by Landlord but not
less than $500,000/$1,000,000 for bodily injury and not less
than $50,000/$100,000 for property damage and shall furnish
Landlord and Duke Power Company with a copy of the same and
said policy shall provide that it cannot be cancelled without
the insurance carrier giving Landlord fifteen (15) days written
notice; and shall otherwise pay any and all charges, liens or
assessments to become due after the commencement of the terms
of this Lease to the end that Landlord's rent under this Lease
shall be net-net-net to said Landlord without any deductions
therefrom or charges thereon of any nature or kind.

c. Tenant shall~e said property only for the
purpose of constructing, maintaining and operating a private
boat marina to serve those persons who are owners of Lots in
Riverpointe Subdivision, inClUding any future additions
thereto, and who are members of Riverpointe Marina Association,
Inc., and shall not permit, allow, or cause any activity to be
conducted thereupon which will or may become an annoyance or
nuisance to the neighborhood or interfere in any fashion with
the enjoyment by other owners and tenants of property in the
vicinity of the demised premises.

-2-

d. Tenant may not make alterations or improvements
upon the demised premises without the prior written approval of
the Declarant in the Declaration of Covenants, Conditions and
Restrictions for Riverpointe recorded in Book 5767 at Page 568
in the Mecklenburg Public Registry so long as Declarant owns
more than two lots in Riverpointe and thereafter the prior
written approval of Landlord. Tenant shall submit to
Declarant, and later to Landlord for its review detailed plans
of all proposed alterations or improvements. Declarant and
later Landlord in its sole discretion shall approve or
disapprove such plans.

e. At the end of the term of this Lease, Tenant shall
promptly deliver possession of the demised premises to Landlord
and any and all improvements thereon shall be and become the
property of Landlord immediately upon said termination, Tenant
hereby agreeing to maintain all of such improvements in good,
sound condition and in a neat appearance and in all respects
tenantable by Landlord upon Landlord's possession thereof,
normal wear and tear excepted. -

f. Tenant shall comply with all requirements of any
of the duly constituted public authorities having jurisdiction
over its operation and with the terms of any State, local or
Federal law, ordinance or regulation applicable to Tenant or
its use of the demised premises and that it will save Landlord
harmless from penalties, fines, costs, expenses or damages
resulting from a failure to so comply.

g. Tenant agrees to keep the demised premises in good
condition and repair; to keep outside areas adjoining the
premises clean, well landscaped, mowed, and with shrubbery well
trimmed, and not to burn, place or permit any rubbish or
obstruction adjacent to buildings located on the demised
premises.

h. Tenant further agrees that it will keep open and
operate the marina facilities throughout the entire year.

i. Tenant agrees-~o refrai~ from doing each and every
one of the following: (I) Permitting, allowing or causing to
be used in or about the premises any phonographs, radios,
public address systems, sound production or reproduction
devices, mechanical or moving display devices, motion picture
or television devices, excessively bright lights, changing,
flashing, fliCkering or moving lights or lighting devices, or
any similar devices, the effect of which shall be visible or
audible outside of the confines of the premises, except
lighting for the parking areas and boat areas. (2) Causing or
permitting any noxious disturbing or offensive odors, fumes or

-3-

. "

gasses, or any smoke, dust, steam or vapors, or any loud or
disturbing noise or vibrations to originate in or be emitted
from the premises.

6. Assiqnment and Sublettinq. Tenant shall not assign,
mortgage, or encumber this Lease Agreement, nor sublet or
permit the premises or any part thereof to be used by others,
without the prior written consent of Landlord, except for the
leasing of boat slips to members of Tenant under the Lease
Agreement form attached hereto as Exhibit B. Any changes or
modifications to the Lease Agreement form attached hereto as
Exhibit B must be consented to and approved in writing by
Landlord. The consent of Landlord to assignment or subletting
shall not be construed to relieve Tenant from obtaining the
written consent of Landlord to any further assignment or
subletting.

7. Default. If Tenant shall continue in default in the
payment of any rental or other sum of money required to be paid
hereunder to Landlord, Duke Power Company or otherwise, for a
period of ten (10) days after notice of such default has been
given to Tenant, or if Tenant shall default in the performance
of any other covenant of this Lease and does not remedy such
default within thirty (30) days after written notice thereof or
does not within such thirty (30) days commence such act or acts
as shall be necessary to remedy such default and shall complete
such act or acts promptly, or if Tenant shall become insolvent
or be adjudicated bankrupt, or file in any court a petition in
bankruptcy or other debtor proceedings, or file or have filed
against it a petition for the appointment of a receiver or
trustee for all or substantially all of the ~ssets of Tenant
and such appointment shall not be vacated or set aside within
twenty (20) days from the date of such appointment, or if
Tenant makes an assignment for the benefit of creditors, or
petitions for or enters into an arrangement, or if Tenant shall
vacate or abandon the demised premises or any substantial part
thereof, or suffer the Lease to be taken or encumbered under
any legal process and such taking or encumbrance is not
dissolved within twenty (20) days, then in any such event, in
addition to any and all other rights Landlord might have at law
or in equity, Landlord shall have the right and option to
terminate this Lease and shall have the immediate right of
reentry to remove all persons and property from the' demised
premises and dispose of or store such property as it sees fit,
all without resort to legal process and without being deemed
guilty of trespass.

8. Inspection of Books and Records. Landlord shall be
furnished by April I of each year during the term of this Lease
with a financial statement of Tenant prepared in accordance

-4-

. t ~

with generally accepted accounting practices showing the income
and expenses and the assets and liabilities of Tenant as of the
end of the preceding calendar year. Such statement shall be
certified by an officer of Tenant. Tenant shall make available
to Landlord upon thirty days written notice such records,
including but not limited to, membership lists and waiting
lists, as Landlord may require to verify that Tenant is
complying with the terms of this Lease.

9. BY-Laws. Tenant covenants and agrees that any change
in the By-Laws or Articles of Incorporation of Tenant without
the prior written consent of the Landlord, as evidenced by a
certified resolution of its Board of Directors, shall be a
default under the terms of this Lease. Copies of the aforesaid
By-Laws are attached hereto as Exhibit C and the Articles of
Incorporation are attached hereto as Exhibit D. All of said
Exhibits are hereby incorporated into this Lease by reference.

10. General Provisions. .This contract is subject to
the following general conditions arid provisions:

a. All performances by Tenant of its obligations
hereunder shall be within the times herein permitted, and
Landlord shall not be obliged to notify Tenant of any default
by Tenant or Tenant's assignees or sublessees, except as herein
specifically provided.

b. Upon request of Landlord, Tenant shall provide
Landlord with satisfactory evidence of its compliance herewith,
specific reference being made, without limiting the generality
hereof, to Tenant's agreements to pay taxes,_assessments, liens
and insurance premiums.

~

c. Any failure by Landlord to enforce its rights and
privileges hereunder at any time or times, shall not be deemed
a waiver of its rights to enforce the same or other rights and
remedies at a future time or future times.

d. This Lease shall be binding on the parties hereto,
and upon their heirs, devLgees, successors and assigns.

e. This Lease embodies the entire agreemeht between
the parties and shall be amended or rescinded only upon written
agreement of said parties.

IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.

-5-

.. ,:

RIVERPOINTE HOMEOWNERS
ASSOCIATION, INC.

By: ~{~ ~

RIVERPOINTE MARINA ASSOCIATION,
INC.

By:

~

President

STATE OF NORTH CAROLINA

COUNTY OF MECKLENBURG

This 3/~ day of ~~~A/ ., 1988, personally came
before me, m~ UJ. EttuJi#L , who being by me duly
sworn, says that he is President of RIVERPOINTE
HOMEOWNERS ASSOCIATION, INC. and that the seal affixed to the
foregoing instrument in writing is the corporate seal of said
corporation; that said writing was signed and sealed by him on
behalf of said corporation by its authority duly given. And
the said. President acknowledged the said writing to be
the act and deed of said corporation.

of ....J;lITNESS my hand and notarial seal, this t.he .3/.d: day
-~ ,1988.

~.~
No ry Public

~y corr~ission expires:

...~

J././qql
,

-6-

~ ,. .

.':, I.

STATE OF NORTH CAROLINA

COUNTY OF MECKLENBURG

. ---This. -.;Jj At day of 71eu.x~ ,1988, personally came
before me, ~~ ~.E~nJ~ ,who being by me duly sworn,
says that he is President of RIVERPOINTE MARINA
ASSOCIATION, INC. and that the seal affixed to the foregoing
instrument in writing is the corporate seal of said
corporation; that said writing was signed and sealed by him on
behalf of said corporation by its authority duly given. And
the said President aCknowledged the said writing to be
the act and deed of said corporation.

,tlITNESS my hand and notarial seal, this the 3/ d day
of J2p.Lt~./L ,1988.

My commission expires:

h

!)./ . /119/
.

; I \.

-7-

~,..1A./' tfY-;'~
. _ No~ry Public