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Home My WebLink About19960060 Ver 1_COMPLETE FILE_19960122 State of North Carolina Department of Environment I Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan 8, Howes, Secretary Roger N. Schecter, Director RA DEHNR \ February 15, 1996 MEMORANDUM .l) . \ ( r.A,l ~(\~. ./ \1/ : c e,-_- e-~=(- ~,='=' _m_',~'.' , ) TO: Mr. A. Preston Howard, P. E. Director Division of Environmental Management FROM: John R. Parker, Jr. Inland "404" Coordinator SUBJECT: "404" Project Review The attached U.S. Army Corps of Engineers Public Notice for Action No. 199600631 jated January 18, 1996 describing a proposed project b;' the Town of Lake Lure, is being circula~;;d to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or \'iewpoint on the proposed project and retur this form by ASAP. If you have any questions regarding the proposed project please contact ::-:1e at 733-2293. When appropriate, in-depth comments with supporting data is requested. REPLY Y This office supports the project proposal. ,I No comment Comments on this project are attached. This office objects to the project as proposed. f', Signed Date z-/zl/9L I P.O, Box 27687, Raleigh. North Carolina 27611-7627 An Equal Opportunity Affirmative Action Employ'O- Telephone 919-733-2293 FAX 919-733-1495 50% recyc!ed/l 0% post-cons:...;mer paper TO: JOHN DORNEY ENVIRONMENTAL SCIENCES PRINT NAMES: --- Reviewer, R~~ WQ SUPV.: ~ ~ ' r. BRANCH DATE: :i. MEMORANDUM SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) *** PERMIT YR: 96 PERMIT NO: 0000060 APPLICANT NAME: LAKE LURE DREDGING PROJECT TYPE: DREDGING COE _" : RCD FROM CDA: - - REG OFFICE: ARO COUNTY: RUTHERFORD PERMIT TYPE: IND. DOT_" : DATE_FRM_CDA: 01/22/96 RIVER_AND_SUB_BASIN_": 030801 STREAM CLASS: 13 WI.. IMPACT?: Y JtfD WL_REQUESTED: WL_SCORE(II) : MITIGATION?: Y@ STR INDEX NO: 9-(17) ~ ;; 11 ~ ~ ~ :\ r=> ~ \~",. ~ ~~ ~ <:.'8 ?r \ 1ft WI, TYPE: WI.. ACR EST?: Y (fj) WATER IMPACTED BY FILL?: Y~ MITIGATION TYPE: MITIGATION SIZE: DID YOU REQUEST MORE INFO?: Y~ IS WETLAND RATING SHEET ATTACHED?: Y[€l HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N RECOMMENDATION (Circle One): ~~ISSUE/COND DENY COMMENTS: ~ jA~~-/lO-nu~~~ il1l:t~ d,/Vuy~~ _tk cc; Regional Office Central Files ..} 1.,- State of North Carolina Department of Environment I Health and Natural Resources Division of Coastal Management James B, Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director Jr~.~ - - - - - - DEHNA. February 15, 1996 MEMORANDUM TO: Mr. A. Preston Howard, P. E. Director Division of Environmental Management FROM: John R. Parker, Jr. Inland "404" Coordinator SUBJECT: "404" Project Review The attached U.S. Army Corps of Engineers Public Notice for Action No. 199600631 dated January 18, 1996 describing a proposed project by the Town of Lake Lure, is being circulated to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or viewpoint on the proposed project and return this form by ASAP. If you have any questions regarding the proposed project, please contact me at 733-2293. When appropriate, in-depth comments with supporting data is requested. REPLY This office supports the project proposal. No comment. Comments on this project are attached. This office objects to the project as proposed. Signed Date P.O. Box 27687. Raleigh. North Carolina 27611-7687 An Equal Opportunity Affirmative Action Employer Telephone 919-733-2293 FAX 919-733-1495 50% recycledl 10% post-consumer paper , , ~ , DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID No. 199600631 January 18, 1996 PUBLIC NOTICE THE TOWN OF LAKE LURE, REPRESENTED BY MR. JOHN R. STRUTNER (TOWN MANAGER), POST OFFICE BOX 255, LAKE LURE, NORTH CAROLINA 28746-0255 has applied for a Department of the Army (DA) permit TO DREDGE SAND AND SEDIMENT FROM THE MOUTH OF LAKE LURE HARBOR IN AN AREA SOUTH OF THE CONFLUENCE OF THE BROAD RIVER AND LAKE LURE IN RUTHERFORD COUNTY, NORTH CAROLINA. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show an approximately 600 foot long and 200 foot wide area to be dredged at the entrance of the Lake Lure Harbor where it joins the main navigation channel in Lake Lure. The approximately 3 acre dredge site is situated in an area of high sediment deposition due to its' proximity to the mouth of the Broad River. An eight inch hydraulic dredge owned by the town is to be used to establish a depth of approximately 4.5 feet below the normal low pool elevation contour of the lake. The dredging work is to generate 17,800 cubic yards of silt and sand, all of which will be pumped to an approximately 3 acre diked dredged material disposal basin located to the west of the work site. The purpose of the proposed project is to reestablish safe boating access to and from Lake Lure Harbor. The completed work will also enable a concessionaire authorized by the Town to continue the operation of a boat tour service from docking facilities within the Harbor. 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 (DA) permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of Environmental Management (NCDEM) 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. This application is being considered pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. , ~ " -2- The District Engineer, based on available information, is not aware that the proposed activity will 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 and flood plain values (in accordance with Executive Order 11988), 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. The Corps of Engineers is soliciting comments from the publici Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Generally, the decision whether to issue this Department of the Army (DA) permit will not be made until the North Carolina Division of Environmental Management (NCDEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The NCDEM 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 (DA) permit serves as application to the NCDEM 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 (NCDEM), 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 (NCDEM) plans to take final action in the issuance of the Clean Water Act certification on or after February 2, 1996. ~ , -3- 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 (NCDEM), 4401 Reedy Creek Road, Raleigh, North Carolina 27607, on or before February 2, 1996, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Steve Chapin, until 4:15 p.m., February 2, 1996, or telephone (704) 271-4014. r ...... I.JANUMARKS & J1-'ACII.JI1~I}1~S I, B 1\ U;\ D I< I \T. R 21 OWN Oil I CI BO:\1 PIJ~ \'111 S ,~, \ 1,\ 1:\ C1l:\ \: \: \.J t Bl TI-,\I.O 13 \ l' ,~ II< YO;\! In l' (, I \1--:1 1 I 1\llJ\\l 7 DAM MARINA 1\,\\1P 1:11.1 IICT.\SI,S R/-\ I \1 S :\, I.,\KL I.lRL \1,\RI\;\ 1\;\\lP I~O/\l PI:I<\lIIS 1\1\ 1\1 S q 131<0/\1) 1<1\'1:1\ 1 1t\1\ D\Vr\1\ 1-, . BOAr PLI<MIIS J(), h\II~I-Il:IJ) \10t'0r!1\I\:S BOAT PU{MITS II TO\\ \ Oil \1--:1. U'RL \1\c.\l)l~ 12,II<YOi'\ 13;\1' BRIDeJl-: 1'\ Y'\CIIIISL,\\D BRIDCiF 1 t (JOI.F COt d{SL N A 1 /' Y ?,l2"P G t: f1~r;A - low v.. c.-f L ~ Lv..f<?- SHEET I 0 F L{- /99600b3( - ......'--~., -. .....-"'-..... p.,~ -~ :~ { ROA[ r\f:\RR pos OFF- HIGHWAY ASA SflEET :2 0 F Lf t'tttboo6:;r lOWER COllIER COBB RD. -9' -~ ,f::I:::J.\:i) -f ~ " r- ...... .~ 0<)- ~ 3 of Lf " , ,- SHEeT ""I I q '1 ~ 00 ~.5 ( I-i~, ~,- --) <. 0 C' L. ,.1 ~.~ 1, 1 ,. A 1\):J\J J --r- ~~ ~ r-- ~ , ..5) , p , /0 , I\) ~ r- F ....''j "'i " ~ , " \.3' ." ,........ ~ , ~ ~ " p-, "- <:> <:> 2.84- 278 "- ~ r",,, ~~ -.;;' I\) 0 ~ '" ,,," "- 0) Z5'4 Z,o ~ rv;, -~ f\) 10 ,,~ ,~ eo. (Jl ~o Z~8 'l ~, ~ \~ ~ \T'o ~ ~ " Xl ,'-.. . -u r l> -~ )~ (-. -- -- , - ..., .I' U, -A I\J 1_-- , , . , ZI ..---......--..-.. ,..-..- _.~_._.__.. 'D' 171)4625~371 TOWN LAKE LURE 01/ 10/96 18 ~ 33 P02 ,- '. .s~~~ \..f -o-f <.f l~qbol)b31 i J . ~~ \i <I - -.... ') ., tI Clt ~ - ~ '-.J ....J iJ . . . -+ ~ ~ - V) , ~ .J ,~ ~ - 'I (? ~ ,..., ,. \J '> .. ~:3 '" ... ~ 1 V) - ~ .'" '-' v ~ l' ~ o,J -1 'Ill ~ t ~ .. ~ J ~ ~ ~ ~ At .s .... "" J. ......., I- ~ 4 -J ~ V ~ + " -1 i ...\- ,;ff ',. 1- + , I,) '> ~ ~ C/) J -, J .J -i. V V ~ J I,.,. - " 0 ,.. <. ~~ :r r ., 0 ~ ~ ,~ t\s )00 ......J j ~ '-" -J t+ J J () ~ "i -4 ~ -< '" \) $ ~ '4 '"t 1 .J. ~ ., \J J. "" .., ,J. 3 h ,.. ~ ~ ~ <otl ~ ~ ~ LAKE LURE CAMPGROUND Route 2, Box 2 · Boys Camp Road Lake Lure, NC 28746 704-625-9160 March 20, 1997 RECEIVED MAR 2 6 1997. ENVIRONMENTAL SCIENCES !,",';'.'!^U Charles Koontz North Carolina Department of Environment, Health and Natural Resources 59 Woodfin Place Asheville, North Carolina RE: SEDIMENT DEPOSIT ON BEIO PROPERTY ADJACENT TO LAKE LURE CAMPGROUND Dear Mister Koontz: The sediment that has been deposited on site Number One, in the Town of Lake Lure, to date is already starting to flow due to the recent rains we have had. According to the plan McGill Engineering submitted to DEHNR for a permit, there is supposed to be a rip-rap ditch along the west side of the property to direct flow to the river. This has not been done. There is also a seam in the silt fence that is open creating a potential problem. There is another place in the silt fence on the south side of the property where runoff is running under the silt fence filling up one of the drainage ditches with sediment. There is a third place on the southeast side where the silt fence has been taken down to allow for sewer line repairs as requested by the property owner and this also has not been put back in place, It appears that this silt fence is not heavy enough or properly placed to contain the material that is being deposited on this property. This unstable sediment is not being compacted according to the McGill. No silt fence will hold back the flow created by a light rain. If the permit for this site was approved based on the plan submitted by McGill Engineering, it certainly is not being followed. When I talked with you today you stated, and I quote, "Nothing can be done to prevent the problem of sediment runoff. As long as they have a silt fence up they are in compliance Use Easy Text entries to save a signature block, a special notice, some initials, or any information that you usually type often with the permit requirement". It seems a silt fence is the key to all erosion problems, in your opinion. It is my opinion that a silt fence will not hold back that amount of unstable "micaceous" muck that has been deposited, even if it is piled at a 2: 1 slope. These consequences are precisely what I was concerned about when I first contacted you back in October, and referred to in my first correspondence, dated October 14, 1996, as well as all subsequent conversations and correspondence. According to the SEDIMENT A nON POLLUTION CONTROL ACT OF 1973 (As amended through 1993) of the North Carolina General Statutes Chapter I13A Article 4, G.S.I13A-60(c) provisions are available for review of local government's enforcement of the permitted erosion and sediment program. The Town of Lake Lure approached the land owner of this ./ Page 2 dump site for permission to use this property and despite all of our voiced concerns prior to the initiation of this project, prevailed until she agreed, whereupon they paid for all of the land preparation. We experienced a devastating flash flood, September 4, 1996, which did more that $150,000 worth of damage to our property/business in addition to two months lost revenue because of this disaster. We have worked all winter repairing and rebuilding our park to prepare of the 1997 tourist season. On March 28 we plan to reopen for the season and the MESS deposited beside us is going to have a definite impact on returning customers and especially new customers as they approach our park and enter on our west side. I have no doubt that there will be a sizable economic impact on our business this year. To date we have counted ten outflow sites of liquid muck draining from the bottom of the enormous mound of sediment that has been deposited on this site. As the weather gets warmer, since this material is always wet, we are facing mosquito infestation, vial odors and the presence of vultures feeding on the decomposing substances contained within, and all this in close proximity and full view of North Carolina Scenic Highway 64/74A. This is certainly not conducive to a pleasant touring or camping experience in beautiful Hickory Nut Gorge. We would appreciate your intervention in this matter. As stated in G.S.I13A-51, Preamble to the previously referenced Article, "Control of erosion and sedimentation is deemed vital to the public interest and necessary to the public health and welfare.....". Very Truly Yours, Louis W. Hughes LWH/ph Cc: The Honorable James B. Hunt, Jr. State of North Carolina Western Office of the Governor Asheville, North Carolina Charles H. Gardner Director and State Geologist NCDEHNR Raleigh, North Carolina Jonathan B. Howes, Secretary NCDEHNR Raleigh, North Carolina Stephanie Goudreau NC Wildlife Resources Commission Mirion, North Carolina Nann Guthrie, Senior Field Officer NCDEHNR, Western Region Asheville, North Carolina William Clarke, Attorney at Law Roberts & Stevens Asheville, North Carolina State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management .AVA DEHNR James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director February 20, 1996 Town of Lake Lure c/o Mr. John R. Strutner P.O. Box 255 Lake Lure, ~C 28746-0255 Dear Mr. Strutner, Re: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Lake Lure dredging Project #960060, COE #199600631 Rutherford County Attached hereto is a copy of Cenificaion No. 3056 issued to Town of Lake Lure dated 20 February 1996. If we can be of further assistance, do not hesitate to contact us. Sincerely. Attachments "J)~-, giest:do:~? PE 960060. wqc cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DEM Regional Office Mr. John Dorney Mr. John Parker, Division of Coastal Management Central Files Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer. 50% recycled'1 0% post consumer paper NORTH CAROLINA RutheIford County CERTIFICA TION THIS CER TIFI CA TI 0 N is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Town of Lake Lure resulting in 3 acres of water impact in RutheIford County pur:,llant to an application filed on the 18th day of January of 1996 to dredge Lake Lure Harbor near Lake Lure and the Broad River. The Application provides adequate assurance that the discharge of fill material into the waters of Lake Lure in conjunction with the proposed development in RutheIford 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 the applicable portions of 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 (50 NTUs in streams and rivers not designated as trout waters by OEM; 25 NTUs in all saltwater classes, and all lakes and reservoirs; 10 :'ITUs in trout waters). Violations of any condition herein set forth shall result in revocation of this Certification, This Certification shall become nuH and void unless the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit. If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O, Box 27447, Raleigh, N.C. 27611-7447. If modifications are made to an original Certification. you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be [mal and binding. This the 20th day of February, 1996 DIVISION OF ENVIRONMENTAL MA-"\'AGEMENT WQC #3056 r~;])~~:~E FEB-16-1996 14:33 FROM Asheville RO DEHNR TO AQUATIC TOX P.01 MEMORANDUM PRINT NAMES! ~ 'ReViewer:~ TO: ' JOlIN DORNEY WQ SUPV.: ENVIROIIKllNTAL SCIENCES BRANCH DATE" -- - ~ SUBJECT: WETLAND STAFF REPORT AND RECOMMKNDATIONS ***RACH ITEM MUST BE ANSWERED (USE N/ A FOR NOT APPLICABLE) *** PERMIT YRI 96 PERMIT NO. 0000060 APPLICANT NAME: LAKE LURE DREDGING PROJECT TYPB: DREDGING ~OE #: RCD FROM CJ)A: REG_OFJICB: ARO RIVER_AND_SUB_BASlN_': 030801 COVlITY: ltU'I'HERFORD PERMIT TYPE: IND. DOT #: DATE_FRM_CDA: 01/22/96 STR_INDEX_NO: 9-(17) STR~~A~Cct.ASS: 13 WL_IMPACT?: Y J!{J WL_REQUESTED : WL_SCORE(I); MITIGATION?: y~ WL_TYPE: WL_ACR_EST?: Y@ WATER IMPACTED BY FILL?: Yf!Y MIT:tGATION_TYPB~ MITIGATION_SIZE: DID YOU REQUEST MORE INFO?: Y@ IS WETLAND RATING SHEET ATTACHED?: Y@ HAVE PROJECT CHANGBS/CONDITIONS BEEN DISCUSSED WITH APPLICANT'l: YJN RECOMMENDATION (Circle one): @S~ ISSUE/CONn DENY COMMENTS: -i!o L(,d;l..~-A4--":' ~~J:J~d~~ ..tL .. .~, :c: Regional Office Central Files TOTAL p.e1 '/ January 2lJ, 11)1)6 NC Division of Environmental Management 440 I Ready Creek Road Raleigh, NC 27607 AUn: Mr, Steve Chapin Dear Mr, Steve Chapin. In reference to the Public Notice from the Department of Army Corps of Engineers where the town of Lake Lure has applied to dredge silt from Lake Lure at a site of where the Rocky Broad enters Lake Lure, In the past the tax payers of Lake Lure have heard promises from the town council. concerning a plan to drop the lake level sixteen (16) feet. which was supposed to have taken place last year (llJ95) to remove the large sedimentation build up with heavy equipment/that has accumulated where the Rocky Broad River enters Lake Lure, The town of Lake Lure and consequently the lake front owners of Lurewoods Landing (north shore) and Mark Twain /Seton Road (south shore) arc having a serious problem as a result of silt build up in the lake The plan as submitted does not address the larger problem of silt build up west of the proposed dredgi ng site, It does seem awfully short sighted to dredge such a small channel to only address the problem of running the tour boat and access to the town basin. I hope you will delay issuing a dredging permit until the town of Lake Lure defines a long term plan that addresses all the problems and spells out where the dredge material will be deposited, what properties and wet land will be affected and what the long term goals and expected results will be, Sincerely. . C-0,/j' ~:~,~,f' William R. Breen, Jr, / . , RECEIVED FEB 0 5 1996 ENVIRONMENTAL SCIENCES -->.,......., CfOClVOO REPLY TO ATTENTION OF January 19, 1996 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O, BOX 1890 WilMINGTON, NORTH CAROLINA 28402-1890 Regulatory Branch Mr. John Dorney Division of Environmental North Carolina Department Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina Management of RECEIVED 'JAN 2 2 1996 fNVIR.ONMENT. ~.,. . ~~ ~CIENCF.S Action ID No. 199600631 27607 Dear Mr. Dorney: Enclosed is the application of the Town of Lake Lure for Department of the Army authorization and a state Water Quality Certification to dredge approximately 17,777 cubic yards of accumulated sediment out of an approximate 3 acre area on Lake Lure. 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 authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is 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, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by March 12, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Steve Chapin, Asheville Field Office, Regulatory Branch, telephone (704) 271-4014. Sincerely, /:J,'Uc~ ~~ G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 APPlICA TlON FOR DEPARTMENT OF THE ARMY PERMIT (33 CFR 325) OMB APPROVAL NO. 0710-003 Expires October 1996 PulJlic reponing burden for this collection of information is estimated to average 5 hours per response, Including the time for reviewing Instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Depanment of Defense, Washington Headquaners Service Directorate of Information Operations and Repons, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-00031. Washington, DC 20603. Please DO NO RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable waters of the United States, the discharge of dredged or fill material Into waters of the United States, and the transponation of dredged material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. One let of original drawings or good reproduciblr .:opies which show the location and character of the proposed activity must be attached to this application (see lample drawings and instructions I and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. 1. APPLICATION NO. 2. 4. DATE APPLlCA nON COMPLETE! 5. APPLICANT'S NAME Town of Lake Lure, NC AUTHORIZED AGENT'S NAME AND TITLE 1M .g.ntls notrequirfJd/ 6. APPLICANT'S ADDRESS P.O. Box 255 Lake Lure, NC John R. Strutner, Town Manager 9. AGENT'S ADDRESS 28746 SAME AS APPLICANT a. 10. A ENT'S PHONE NOS, W AREA CODE 7 a. Residence b. Business b. Business SAME AS APPLICANT 11, STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application, APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (s.. instructions' Lake Lure Harbor Channel (from harbor to Main Channel of lake) 13. NAME OF WATERBODY, IF KNOWN (i/.pplic.ble/ 14, PROJECT STREET ADDRESS Ii'.pp'ic.ble/ Lake Lure Project site is located Lot 44, Mark Twain Drive and at an angle toward the opposite shore. 5. LOCATION OF PROJECT Rutherford COUNTY North Carolin STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, Ise. instructionsl SEE: ATTACHED MAPS 7. DIRECTIONS TO THE SITE u.S. 64/74-A to Lake Lure. Turn into Town Marina/Community Center complex. Follow main road to gate to entrance to ShakespeARE Point (the Gazebo). Walk down pathway to Gazebo to view dredge area. [NG FORM 4:i4~. Fph q4 r:n!Tlnhl nt: C:l:P 01 Ie::: nQc::r'll t:TC 10..-............................. rr..::r\AJ nr 18, Nature of Activity (Description 01 project, include slllesturesl Utilizing the Town-owned dredge and existingr DOE approved silt basins, the TO~I of Lake Lure proposes to dredge accumulated silt material at the project siter i.e. the entrance to Lake Lure Harbor from the main channel of Lake Lure. The dredge area is 600 ft. long by 200' ft. wide by 4 ft. deep. 19. Project Purpose (Descri~ the ,"son or purpose of the pro;ect. see instructionsl The objective.is to remove accumulated silt material thus improving navigation in and out of the harbor. Boats have a difficult time and are hitting bottom. 20. Reason(s) for Discharge USE BLOCKS 20.22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED Dredged material will be discharged into the existing silt basins. 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Silt material from the Broad River basin. Approximately 17,777 c. yds. lS involved. 22. Surface Area in Acres of Wetlands or Other Waters Filled Isee instrue,ions' No discharge will be made into surface waters of Lake Lure or the Broad River. Dredged materials will be discharged into Town's existing silt settling basins. 23. Is Any Portion of the Work Already Complete? Yes _ No -A- IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees. Etc., Whose Property Adjoins the Waterbody (If more than can be entered here. please attach a supplemental list). Lot 29 Lot 50 Lot 441 30 Lot 29A Hugh L. & Alice Co] Town of Lake Lure Betty B. Crouch Royce P. & Margaret Thomas 3 North Street P.o. Box 255 1902 Brewton Ct. 832 4th Ave. W. Gulf Breezer FL Lake Lure, NC 28746 Wilmington, NC 28403 Hendersonville, NC 28739 32561 25, List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DA TE APPLlW DATE APPROVED DATE DENIED 'Would include but is not restricted to zoning, building and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application, I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the ,"(h'~'9'", ,I tho .ppli""t. j) / ,;J {/ i ~ DATE DATE The application must be signed by the person who desires to undertake Hie proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up eny trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. . U,S,GPO: 1994,520.4 78182018 ..... -,' ,.., ..;::,...,' .,.,.... v. . 'IW' V , ,.. "" , ,"'nl I vv n",'" VVf\r\J/~I~\H\\J~ U\JI"\V~-I\l;~, or.tlncn,~, 1\1 I'.IAN[tr\IIJ\]~ KS 4~~ F'A(~ILJIrrI~~S - , lll~ ();\ I) 11.1 \. i ,1< \ I ()Wt\ OJ'I'II .1:0/\ I 1'1:1-'\11'1'>, · \1'\1~ ell ,I,\, \TI Illd'l\I,() I\,y S ll~ y():\ Il:',' t, 1,,\1<1 11.1'" 1)/\\' 'I DAM MA<I!\!A ' I~,'\\IP. I'l 'jJ, N A i I ( T \i S 1 '; . I~ I. '\ I \ I S ~: 1,:\KI,I.I:II.I',i!\I<Ii\''. 1~,\\11' .\(JAI 1'!'.I{\lliS ~~! \'1-\/ S II, HII.()/\!) RI\'I,jx II.\I,;)\I'.\RI',. llil/ll PERMITS /0 1::\ll,~r:II:II" \,10lIN'I,\It\'S nO!ll PI'.RMlIS i I. 'I () \\' \' U I' ,I \ t\ I: I J I!< I:, 1\ I {(' ^ l~ I. 12, 'I II. YU0: HI' ,{ rH< mer, : \, Y:\(III 1:;[ v~u BRll 1(;1; 1-1, (j()l.I: U)l!I~ SL 2 \ , r- /\ I' ' ,. \ ....... "\9 ),{H, >1'74> .,./ "'. "....; \ :V hf:'P~'C i~ ~ ~ 16r !CWl--.. 0-1 L~ L......(e. Sf/EET I of Lf /9?600b3( U I ellll. II '" o.J '.., ~ U"""\,/t:-~t:;:, ' "'''' nil"" ",vllr 'oJ1 I-I~\JI\~///,/~,.> II..... "'//1'//"/>/ ' '. .. '//// /, " ' ."..."".. ""'VVI~, V .,7-"'. /,.", /////'/ . / "/ '" // .. ,.' " " " .. o', "/ / , .. ", /.'.' / /. / ,"v. "' ,;. "'~ ~-r?" ./~, . , , , / /,// .. /// " '/",/,' /// ' , ". ,,~..,..., ""'-'~ /, , .. // .' // ,'.. / . /' ~',~"-'-.. " "'" / ,.. .. . 1;.., '\- ., .. / //.. ///." ,,' /" / / --' , r b<~.:>:..... .~ ,-/.... /.' / / /// /'/ ' . ~"77"r:T7, / /'7'.,. 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'l -- ~ ~ 'i.;'\ ~I"" ",', ". ,..... ~ \'!:' N ~- -i '''''--4_::_ - ._~' ~ --. \_ : _. '-' ... \~ (Jl ....- ~_.. .(!'J,'", _ ~~.IJ" () ~~, ~; ,;, '.- --&~- ~~-~~~ ~< "__'h_~~:f____. _ ;;a: ):, _ \'<> ... -'- ". --"{ - f J ....' -l. :~" '~t't> '~. '~) - N-.._'.::;. ':~ L J .", ~ _'_ ". .'~:: I ':::: ~'J.~ , ~ ,..,...?/..., " -"" ~ . ,'" _ _ ~~ -~.... ~:r;A '\,) h -1 a:'", ---'" \0 \Vo" ....... 1<. '(J I' I\) \<' U;;'~-"'" '9 I.... ._-.~-<._~:- Nl 0) ..... ...,. . .,. -l.. (~. ~- ,~ , .. ........, ,,' ----- 1'. ....,' ~go U, -A I\J ,- ~.. , , . I / /' 7'~ -.-_ /~~-~ / l / /<;; / Rev BY:'Wiliin~torl J:.strict : 1-12-96; 11:45 US,f.f'(MY CORfJS/:NliHS" USAv:-Heg, tJranCt1i;; ~ '.~. J.' \'~ItOL,:)C:.J' .L < ~.I"l' u/U\U ....H.'h.LJ i J . ~ ,-,., \J ~ ~ ""'-..... ~ ~ r . ...., ....J ..t ~ ~ .+ V) (? ,~ '1) ...... ." .. ~:3 '> ~ 00 ." '- v ~ ~ ~ .... ~ ~ :i , t V> .. J ~ ~ &-. ~ ~ ... .. ......, b1 -i ...j J I,. + \J rJ CI)' J v \J ~ I... j < l!. "..) ;r' r~j ~ :r j ~ ....) C:.\- d i 0 t "1 ~ ~ -< ~ ~ \) .- ..1 't '1 -~ 'CJ \J J. 11"\ J '0 ,i ~-, . ,- ~ <l -4 ~: ~ ... ~ ~ ..s ~ ~ (2...* L{. .0 of Lf l~qbc?"b31 - a . , - .Jl 1\ ~ u :: V) - ~ ,., ~ 'J. tI .....J v c+- o ~ .tI'fI I. 1 ., ~ 1 I Ii 4-. - I 0 ,.. ::r 0 \:) (\J """ ~ q weCO DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 ITt:'C$V~D li41{ < C'J\lvt?Oi\l < 1.9.96' ~Nl; ~"'. '1l &c.' . '''' ! i'flvc~8 l Action rD No. 199600631 January 18, 1996 PUBLIC NOTICE THE TOWN OF LAKE LURE, REPRESENTED BY MR. JOHN R. STRUTNER (TOWN MANAGER), POST OFFICE BOX 255, LAKE LURE, NORTH CAROLINA 28746-0255 has applied for a Department of the Army (DA) permit TO DREDGE SAND AND SEDIMENT FROM THE MOUTH OF LAKE LURE HARBOR IN AN AREA SOUTH OF THE CONFLUENCE OF THE BROAD RIVER AND LAKE LURE IN RUTHERFORD COUNTY, NORTH CAROLINA. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show an approximately 600 foot long and 200 foot wide area to be dredged at the entrance of the Lake Lure Harbor where it joins the main navigation channel in Lake Lure. The approximately 3 acre dredge site is situated in an area of high sediment deposition due to its' proximity to the mouth of the Broad River. An eight inch hydraulic dredge owned by the town is to be used to establish a depth of approximately 4.5 feet below the normal low pool elevation contour of the lake. The dredging work is to generate 17,800 cubic yards of silt and sand, all of which will be pumped to an approximately 3 acre diked dredged material disposal basin located to the west of the work site. The purpose of the proposed project is to reestablish safe boating access to and from Lake Lure Harbor. The completed work will also enable a concessionaire authorized by the Town to continue the operation of a boat tour service from docking facilities within the Harbor. 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 (DA) permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of Environmental Management (NCDEM) 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. This application is being considered pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. , -2- The District Engineer, based on available information, is not aware that the proposed activity will 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 and flood plain values (in accordance with Executive Order 11988), 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. The Corps of Engineers is soliciting comments from the publici Federal, State and local agencies and officialsi Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Generally, the decision whether to issue this Department of the Army (DA) permit will not be made until the North Carolina Division of Environmental Management (NCDEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The NCDEM 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 (DA) permit serves as application to the NCDEM 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 (NCDEM), 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 (NCDEM) plans to take final action in the issuance of the Clean Water Act certification on or after February 2, 1996. ~ -3- 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 (NCDEM), 4401 Reedy Creek Road, Raleigh, North Carolina 27607, on or before February 2, 1996, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Steve Chapin, until 4:15 p.m., February 2, 1996, or telephone (704) 271-4014. I.JANUMARKS & J1-'ACII-,IrrI}1~S '" I IH\UAD RIVI.R 21 UWN OITI( T . 1l0:\l PLRYlITS \ 1,\ 1:\ ('11\ \, \, U . ,~, BlI'T,'\I.O In l' ,~ ll~ YO;\! In l' '\ I \ I--: lit 1\ I 1 l\ \ 1 7 DAM MARINA 1<,\\11> It ,(,I N A I.ICI.\SI,S RI\, I \1 S :\ I.,\I--:L I.lRI-. \1,\RI~/\ RA\1P BOAI PLR\IIIS I~L\'l\1 S q BfHL\ I) I~ I \'1:/< II AR DW (\R E BOAl PLR MilS I (), I',\II~ I-I LI.D \101 ':\11\ I \S . BOAT PERM ITS I I T ()\ \ \, () I. I., \ I--: f.. U R L \ 1\ C ,\ I) L 12,/ RYOi'\ 13;\ l' Imll)CiL U y,\CIIIISI.,\\U BRID(iL It C;OI.F COURSE 1 /' Y ?,r;p ~ t: f1~r;A 10 W v.. 0-1 L ~ Lv..f~ Sf/EEl I 0 F L{- /99600b3( ".,:,"1' -..,.... .........,:,.~....... ROA[ r\ f:\RR pos OFF SflEET :2 0 F Lf {'t't6oo6:;( LOWER COLLIER COBB RD. WAY -7 l t1: ~ ~ SHEET 3 of Lf , ,- \.;1 I q '1 ~ 00 ~.5 ( I-l.~' ~~- --) <. 0 C' L. ,.1 ~'\J 1, 1 ,. A 1\):J\J J --r- ~~ ~ r-- ~ , ..5) , p , I\) /0 , ~ r- F ...."""1 "'i " ~ , ,,;......... , p-, "- <:> ~ zfJ4- 278 "- ~~" ,~ ~..;' ~ -t.... f\) 0 ~ -.. .,," '- 0) Z#4 2:'0 ~ ....11\' -" I\) 10 \~ ,., e- Ul '- ~o z:J8 ~ ~' " 1.,' I\) \l?_ ~ '''. 2S.,. ~ \0 ," -. , ~ V' ~ V' " D -u r l> -..; IN I (-. -- I J -i'" -~.,' U, -A I\) ,--- , , . , .ZI .9/ 'U 1704025~371 TOYlN LAKE LURE 1:11/ HI/tlO 10: "" .s ~ e c2.-i- ~ o-f <f l~qbOQ631 i J . ~ 1"\ U- .. - .......... ') ~ t/ . ~ - ~ -..J ....J .0 . . . -+ ..t ). - cI) , t/ .i ,~ .." 'I f' .. ,..., . . 0 '> - ~:3 "" 1 V) .. 00 - ~ ... '- v ~ '" ~ o,J :i '" ~ ~ \,) .. ~ J ~ ~ ~ ~ '" .. ..... ...... .t '-' I- bI J ..../ ~ \J ~ c.+- o .J l -+- Af .... I, + , \l '; ~ c.t CI)' J 1 1 .J -1 V \J ~ ~ '..- - j 0 ... <- ~V :r r eJ 0 ~ 0 ,'1 ~ )0- ....J J c; '-" ....; t.\- ~ J (l /. "i -4 OS -< '" \) S ~ ~ 't '1 -I. ~ " \) J. II') 3 '<0 ,J, ~ h Ii ~ ~ .fl ~ ~ '-~ ( North Carolina Wildlife Resources Commission K>J ------~-----~-_._--- ---------.------...---.-------------------"---- _____0...-._._.._________ _ .____________ _______ '.___ _.______ __..____________ ..'~ __ _ _ ~~_"__"_'_____ ') 12 N, Salisbury Street, Raleigh, North Carolina 27604-11H8, 919-733-3391 Charks R. Full wood, Executive Director MEMORANDUM TO: John R. Parker, 404 Coordinator Division of Coastal Management FROM: Stephanie E. Goudreau, Mt. Region Coordinator Habitat Conservation Program ,: : -~-~ }',: DATE: February 2, 1996 ~:. I SUBJECT: U.S. Army Corps of Engineers Public Notice No. 199600631, Application by Town of Lake Lure to dredge material from Lake Lure Harbor, Rutherford County. The North Carolina Wildlife Resources Commission (NCWRC) has reviewed the information provided by the U.S. Army Corps of Engineers, and our biological field staff is familiar with the project site. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.), and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.c. 661- 667d.). The applicant proposes to dredge a 600-foot long by 200-foot wide area at the entrance of the Lake Lure Harbor where it joins the main navigation channel in Lake Lure. The 3-acre dredge site is an area of heavy sediment deposition due to its proximity to the mouth of the Broad River. An 8-inch hydraulic dredge owned by the town will be used to establish a depth of 4.5 feet below the normal low pool elevation contour of the lake. Dredging will generate approximately 17,800 cubic yards of silt and sand that will be pumped to a 3-acre diked disposal basin located west of the work station. The purpose of the project is to reestablish safe boating access to and from Lake Lure Harbor. Biological staff of the NCWRC believe that this project will have minimal adverse impacts to fisheries and wildlife resources; therefore, we have no objection to the issuance of this permit. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 704/652-4257. cc: Ms. Janice Nicholls, USFWS, Asheville Mr. John Dorney, OEM Mr. Steve Chapin, COE, Asheville RECEIVEU FEB 0 5 1996 ENVII~ONMENrM i,(:"" , . ~