20141063 Ver 1_Approval Letter_20141209

CDENR -
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary'
December 1, 2014
DWR # 14 =1063
Rutherford County
Clint Calhoun
Town of Lake Lure
Post Office Box 255
Lake. Lure, North Carolina 28746
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Lake Lure Shoreline Stabilization and Dredging
Dear Mr. Calhoun:
In accordance with your. application dated October 7, 2014 and additional information received. on November
21, 2014, approval has been granted for the impacts listed in the table below. This approval requires you to
follow the conditions listed in the enclosed certification(s) or general permit and any additional conditions
listed below.
Project impacts are covered by the attached Water Quality General Certification Number 3,898 and the
conditions listed below. This certification is associated with the use of General Permit Number 30 issued by the
U.S. Army Corps of Engineers. , Please note that.you should obtain or otherwise comply with any other federal,
state orlocal permits before proceeding.with your project, including.those required by (but not limited to)
Erosion and Sediment Control, Water Supply Watershed and Trout Buffer regulations.
IMPACTS APPROVED
The following impacts ate hereby approved provided that all of the other specific and general conditions of the
Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental
impacts.
Type of Impact
Amount Approved
Permanent
Open Waters
Above Pool
Below Pool
0.060 (acres)
11.36 (acres)
ADDITIONAL CONDITIONS
1. This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of the Certification/Authorization. If you change
Water Quality Regional Operations — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: [phone] FAX: 828 - 299 -7043
Internet: http: / /poral.ncdenr.org /web /wgtws
An Equal Opportunity 1 Affirmative Action Employer

d
Town of Lake Lure
12/1/2014
Page 2 of 3
your project, you must notify the Division and you may be required to submit a new application package
with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval
letter and General Certification (s) /Permit/Authorization and is responsible for complying with all
conditions.
2. SeaWall with Riprap Installation
Riprap 'shall be placed as a linear protective measure along the base of the newly constructed seawall.
Stone used in stabilization shall. be at least Class B riprap in size to provide additional wildlife habitat.
The rip -rap shall be installed over a toed in filter fabric to prevent soil erosion behind the stabilized
area. All exposed soils, above the Riprap stabilized area, to a distance of 25 feet from the top of bank
shall be replanted in accordance with the attached Guidelines for Riparian Buffer Restoration. This
authorization shall in no way be construed as allowing the installation of a bulkhead or. seawall
3. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands; waters, or riparian areas beyond the
footprint of. the impacts depicted in the Pre - construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards, statutes,
or rules occur. The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices
must be used to meet this standard. Lake Lure is classified as B; Trout waters.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B: by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days.
A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk's
Office at (919) 431 -3000 for information. A petition is considered filed when the original and one (1) copy
along with`any applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5.00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285

Town of Lake Lure
11112014 —
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One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601 -
This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A
NCAC 02H 0.500. Please contact Ed Williams at (828) 296 -4686 or ed.williams@,ncdenr.gov if you have any
questions or concerns.
Sincerely, -�
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion
EEP Guidelines for Riparian Buffer Restoration
cc: DWR ARO 401 files .
William Elliot USACE Asheville Regulatory Field Office
Andrea Leslie, NC Wildlife Resources Commission
Laura Herbert, DEMLR
G: \WR \WQ \Rutherford \401s\Non- DOMake Lure Shore Stabilization\APRVL.40 1 Lake LureBank Stabilizatio.12- 1- 2014.doe