HomeMy WebLinkAboutReasonable Period of Time Extension Request - Lake Lure Dam Drain Gate & Test Borings for Dam Replacement; Rutherford County; Corps Action ID# SAW-2023-00348; DWR# 202302151
Winston, Joey
From:Winston, Joey
Sent:Thursday, May 18, 2023 12:02 PM
To:scott.jones@usace.army.mil
Cc:Brandee.C.Boggs@usace.army.mil; Davidson, Landon
Subject:Reasonable Period of Time Extension Request - Lake Lure Dam Drain Gate & Test Borings for Dam
Replacement; Rutherford County; Corps Action ID# SAW-2023-00348; DWR# 20230215
Dear Chief Jones,
On February 7, 2023, the Division of Water Resources (DWR) received an application from The Town of Lake Lure for an
Individual 401 Water Quality Certification for the Lake Lure Dam Drain Gate & Test Borings for Dam Replacement project
in Rutherford County. On April 4, 2023, DWR requested additional information from the applicant and continues to
work with the applicant to resolve water quality related concerns. DWR respectfully requests that the reasonable
period of time be extended until October 5, 2023. In support of this request, we direct your attention to the following
considerations with regard to considerations listed in RGL 19‐02:
(i) Type and Complexity of Proposed Activity: The project proposes to install a new drain gate within the
existing Lake Lure dam, to perform geotechnical test boring for a future project to replace the existing dam,
and to install a temporary access road across the Broad River for site access. After consultation with the
North Carolina Wildlife Resources Commission, DWR has concerns on how the proposed drain gate will be
operated. The source of the proposed discharge is located at the lake bottom, where water is naturally
cooler and has lower oxygen levels. Additionally, sediment accumulation at the base of dams commonly
occurs, and DWR has requested any bathymetric surveys available. DWR is concerned that improper
operation of the drain gate will cause water quality violations within the receiving Broad River. The
proposed drain gate will also release high velocity flow when opened, potentially causing turbidity and
sedimentation violations within the Broad River. DWR has requested and is reviewing additional information
on how the drain gate will be operated to fully assess the project’s potential impacts to water quality.
(iv) Unique or Complex Site Conditions: The proposed project is located at and downstream of the Lake Lure
dam. Lake Lure upstream of the dam is classified B; Trout and the Broad River downstream of the dam is
classified C. The Broad River downstream of the dam is a listed Section 303(d) impaired waterbody for
benthos due to a fair, poor, or severe bioclassification. After consultation with the North Carolina Wildlife
Resources Commission, DWR has concerns that the operation of the proposed drain gate may contribute to
the waterbody’s impaired status. Specifically, DWR is concerned about dissolved oxygen and temperature
conditions within the Broad River, especially with seasonal and flow variations. DWR has requested and is
reviewing additional information on how the drain gate will be operated.
By making this request, DWR does not waive its right to determine that additional information or time is necessary to
process the application. Further, DWR does not waive its right to contest the legality of the Corps’ August 7, 2019,
Regulatory Guidance Letter, Corps regulations implementing section 401 of the Clean Water Act, or any actions taken by
the Corps pursuant thereto.
We respectfully request that you provide your written concurrence by May 26, 2023.
Please let me know if you have any questions.
Sincerely,
Joey
2
Joey Winston
Environmental Specialist I, Division of Water Resources
North Carolina Department of Environmental Quality
Office: (828) 296‐4685 | Cell: (828) 785‐9171
NEW: joey.winston@deq.nc.gov
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