20151046 Ver 1_Approval Letter_20151023

North Carolina Department of Environmental Quallitv L
P
Pat McCrory Donald R, van der Vaart
Governor Secretary
October 23, 2015
DWR*# 15 -1046
Rutherford County
Clint Calhoun
Town of -Lake Lure
Post Office Box 255
Lake Lure, North Carolina 28746
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
2930 Memorial Highway Bank Stabilization
Town of Lake Lure, Rutherford County
Dear Mr. Calhoun:
In accordance with your application dated September 30,. 2015, -and received by this office on j
October 14, 2015, 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.
g
Project impacts are covered by the attached Water Quality'General Certification Number 3898 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 or local 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 are 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
0.0170 (acres) 0.0340 (acres)
1i
North Carolina bivision of Water Resources — Asheville Regional Office
2090 U.S. Highway 70, Swannanoa, N.C. 28778
Phone [phone]
FAX [phone]
Internet: hftp : / /portal.nodenr.org /web/wq/
An Equal Opportunity/Affirmative Action Employer

Lake Lure — 2930 Memorial Hwy
October 23, 2015
Page 2 of 3
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 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. Riprap Installation
Stone used in stabilization shall be of a size and density sufficient to prevent
movement by wave or current action and shall consist of clean rock or masonry
material free of debris or toxic pollutants. 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 30 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 htt-o://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).

Lake Lure — 2930 Memorial Hwy
a October 23, 2015
Page 3 of 3
The petition maybe faxed to the OAH at (9.19) 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: If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711. New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DEQ:
Sam M.. Hayes, General Counsel
Department of Environmental Quality
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:williamsaa,ncdennizov 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
ec: William Elliot USACE Asheville Regulatory Field Office
Andrea Leslie, NC Wildlife Resources Commission
Stan Aiken, DEMLR
GA WR\ WQ\Rutherford \401s\Non- DOT\Town of Lake Lure - 2930 Memorial Highway\APRVL401.TownofLakeLure2930MemorialHwy.10-23-
2015.doc