20080045 Ver 1_401 Application_20080108

r
Town of Lake Lure
P. O. Box 255 Lake Lure, NC 28746-0255 • 828/625-9983 • FAX [phone]
Incorporated 1927
08-0045
January 3, 2008
Asheville Regulatory Field Office NC Division of Water Quality NCWRC
US Army Corps of Engineers 401 Wetlands Unit Mountain Regional Coordinator
151 Patton Ave. Room 208 1650 Mail Service Center 20830 Great Smoky Mountain
Asheville, NC 28801-5006 Raleigh, NC 27699-1650 Expressway
Waynesville, NC 28786
Reference: Pre-construction Notification, Clean Water Act (CWA) 401 and 404
Town of Lake Lure Maintenance Dredging/Return Water Discharge
Town of Lake Lure
P.O. Box 255
Lake Lure, NC 28746
To Whom It May Concern:
Enclosed are a completed Pre-construction Notification (PCN) form and supporting documentation to apply
for applicable permits under the Section 404 of the CWA and Water Quality Certification under Section
401 of the CWA for the subject maintenance dredging/return water discharge project. Also included with
the DWQ submittal is the required fee.
As presented in the application package, this project is a continuation of maintenance dredging that the
Town of Lake Lure has been performing for years. The work is to be done hydraulically with the spoils
material being pumped to containment basins. There will be return water discharge which will be
monitored for compliance of water quality standards.
Please contact the undersigned if you have any questions or need any clarifications or additional
information at 828-625-9983 ext. 123. We look forward to working with the Corps of Engineers, the NC
Division of Water Quality and the NC Wildlife Resources Commission on this project.
Since~rel~y~
~~~!-/~~
Clint Calhoun
Environmental Management Officer
Town of Lake Lure
Enclosures
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Office Use Only: Form Version March OS
08-00 45
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: GP 30, NW 1
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: J^
II. Applicant Information ®~ ~ ~ ~ °" D
1. Owner/Applicant Information
Jl~N 7 2008
Name: Town of Lake Lure ENR - tNATER QUALITY
Mailing Address: P.O. Box 255 ~NETiANDSAND
Lake Lure NC 28746
Telephone Number: 828-625-9983 x 123 Fax Number: 828-625-8371
E-mail Address: eco(a,townoflakelure.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 5 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Maintenance Dredging
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 1639411
4. Location
County: Rutherford Nearest Town: Lake Lure
Subdivision name (include phase/lot number): 2948 Memorial Hwv
Directions to site (include road numbers/names, landmarks, etc.): Take HwY 64/74A to
Lake Lure. Town Hall is located on right beside tennis courts past Town Marina and Beach.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): °N °W
6. Property size (acres): 820.98 acres
7. Name of nearest receiving body of water: Lake Lure
8. River Basin: Broad
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Site 1 is traditional maintenance dredging area at the mouth of
the Broad River that is bordered by residential development. Upland areas on both sides of
the river are used as spoils areas. Site 2 is an impacted cove of Lake Lure that has some
residential development Spoils will be Humped to a spoils containment area in Rumbling
Bald Resort. See attached narrative for further description of site conditions.
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used: Work will
involve maintenance dredging of areas impacted by sedimentation where tributaries enter the
lake. Work will be done usin~a hydraulic dredge. See attached narrative for further details
11. Explain the purpose of the proposed work: To remove sediment that has resulted from
upstream erosion in order to improve safety, access, and navi ag bility of affected areas of the
lake. Work will require discharge of return water back into Lake Lure.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Maintenance dred ing_permit was acquired in August of 1997. Action
ID #199600631. The Town of Lake Lure has for e~_performed dredging activities in the
western end of Lake Lure to remove accumulated sediment that comes in from Broad River and
Pool Creek
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Yes. Due to the unpredictable nature of storms and unknown bedload movement maintenance
will always be an issue at the mouth of these tributaries flowing into the lake.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Possible impacts to water quality
include increased turbidity and temperature due to return water discharge Such impacts
would be tem orary. See the attached narrative.
Page 7 of 12

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
senarately list imnacts due to both structure and flnudin~_
Wetland Impact
Site Number

(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,

herbaceous, bog, etc.) Located within

100-year
Floodplain
( es/no) Distance to

Nearest
Stream
(linear feet) Area of

Impact
(acres)

Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: 0
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acrea~e_ multiply length X wirlth_ then rlivirle by 4~_ShB
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)

Total Stream Impact (by length and acreage) 0
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation. dred~ina. floodin~_ draina~e_ hulkheads_ etc..
Open Water Impact

Site Number
(indicate on map)
Name of Waterbody

(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc.) Area of

Impact
(acres)
Site 1 Lake Lure Dredging/return water Lake 8.0
Site 2 Lake Lure Dredging/return water Lake 0.25

Total Open Water Impact (acres) 8.25 ac
Page 8 of 12

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 0
en Water Impact (acres): 8.25
Total Impact to Waters of the U.S. (acres) 8.25
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. If no action is taken, sediment
will continue to impact the _ lake by filling in channels, creatine safety hazards and limitine
access. Excavation is the best method for removal and impact minimization Appropriate
erosion and sediment control measures will be installed as needed. See attached narrative.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12

USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
None required
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount ofNon-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
Page 10 of 12

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federaUstate) land? Yes ® No ^
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone ~c~,,,ro f o+~ Multiplier *~,~,~_~,__
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. Not required.
Page 11 of 12

XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. 0 versus 8.25 ac. There is currently no impervious
surface area on these areas of the lake. Stormwater is currently handled through infiltration and normal
overland flow. There is no foreseen change as far as future management of storm water.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
No new wastewater will be generated by this project. Current wastewater is handled by the
NPDES permitted wastewater facility owned by the Town of Lake Lure.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Land
uses are not expected to change in the project areas. The Town's delegated local sediment and
erosion control program will be require that appropriate sediment and erosion control measures
are installed and maintained.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorized letter from the applicant is provided.)
Page 12 of 12

Lake Lure Maintenance Dredging Project
Narrative
Project History: This project dates back to August of 2007 when the Town of Lake
Lure was approved to perform maintenance dredging as a result of the '96 Flood that
resulted in over 36,000 cubic yards of material being removed. Since the issuance of
Permit # 199600631, the Town has performed maintenance dredging activities in the
Broad River at its confluence with Lake Lure and in the Beach Cove area where Pool
Creek enters Lake Lure. The Town has also historically performed maintenance
dredging at the north end of the lake where a small tributary comes into the lake by the
Rumbling Bald Resort Marina (Formerly Fairfield Mountains). The Town's permit
expired in August of 2007.
Lake Lure is owned by the Town of Lake Lure and is responsible for maintaining the
safety and navigability of the lake. Typically the only areas that the Town maintains are
areas that receive high boat traffic and where potential safety hazards might exist. Areas
not on the maintenance list have historically been dredged by property owners under
individual permits by permission of the Town, however due to increased development
within the Town limits and within the Upper Broad River Watershed, sediment loads in
tributaries have increased and more areas of the lake are in need of dredging, creating an
undue financial burden for property owners who wish to keep these areas free and clear
of sediment.
Most of the Town's maintenance dredging has been done hydraulically. Dredged
material from the river channel and Beach Cove portions of the project is pumped to
settling ponds on the north and south sides of the Broad Riverr. The settling ponds have
two forebays: one for the dredged material and one for the water to drain into so that
further settling takes place before the effluent is discharged back into the river. There is
an additional settling basin on the northern end of the lake in Rumbling Bald Resort
which has been used for past maintenance dredging projects. This basin also has two
forebays and discharges into a tributary that flows into the lake at the Rumbling Bald
Resort Marina. Other dredging activities have been done by excavation when the lake
level was down.
The area around Lake Lure is primarily residential, with some areas that are currently
undeveloped. The lake itself is a recreational lake and privately owned by the Town of
Lake Lure and managed by the Town of Lake Lure Marine Commission.
Site Conditions: The areas to be dredged are part of Lake Lure's continued maintenance
of the lake. Site 1 is located at the mouth of Broad River and is an effort to maintain the
safety and navigability of the channel up into the Broad River and into the harbor area of
the lake where the Town Marina is located. Spoils containment basins are located on
both sides of the river, the largest of which is located across the river (north side) from
the Lake Lure Municipal Building. The second, smaller basin is located on the south side
of the river, just east of the Municipal Center. Both basins are bermed and are separated
into two forebays. The material is pumped into the first forebay which allows water and

suspended sediments to flow into the second forebay for additional settling before being
discharged back into the river via a discharge pipe. Approximately 20,000 cubic yards of
material are expected to be generated from this project. Land use in the immediate area
is primarily government use with some residential on the outer reaches of the project
area. Site 2 is an area known as Laurel Landing Cove that has recently been impacted by
a significant landslide event and some upland development. The immediate area is
residential. All materials will be pumped to a spoils containment area located inside
Rumbling Bald Resort. The spoils containment basin is similar in function to the ones
located at Site 1. Some prep work is expected to get the basins back into working order
as this area has not been used for a number of years. Approximately 2,000 cubic yards
are expected to be generated from Site 2 for deposit into this basin.
Scope of Work: The Town of Lake Lure desires to continue maintenance dredging
operations around the lake to remove sediments coming from the Broad River and
tributaries. The Town has requested and been granted permission by the US Army Corps
of Engineers to operate under the GP 198200030 for this work, however the project does
require a 401 Certification from the NC Division of Water Quality for discharge of return
water from upland contained disposal areas, as covered by the Nationwide Permit 16.
The work to be done will be hydraulic dredging, with all materials being pumped to the
Town's existing settling basins which have been historically used for this work. Return
water will be monitored to ensure that NTUs and temperature meet NC Division of Water
Quality standards. In addition, appropriate sediment and erosion control measures will be
installed where needed and properly maintained in order to minimize further impacts to
water quality
It is anticipated that several thousand cubic yards of material will be removed over the
duration of the project. Estimates for any given year range from 20,000 to 30,000 cubic
yards where the Broad River enters Lake Lure. At present the Town needs to remove
approximately 20,000 cubic yards from the mouth of Broad River where it feeds into
Lake Lure, and approximately 2,000 cubic yards from another site known as Laurel
Landing Cove, which has been impacted by off-site sediment from a landslide and upland
development. Potential impacts resulting from this water are increased turbidity and
temperature as the return water is discharged back into the lake. There are no endangered
species threatened by this activity. Lake Lure is designated as trout waters by the
Environmental Management Commission, however the NC Wildlife Resources
Commission does not stock the lake with trout anymore as this activity has been taken
over by the Town.
Due to the amount of sediment that is transported down the Broad River and other major
tributaries into the lake, one major storm event can potentially create navigational
hazards for boaters. If no action is taken, sediment will continue to impact the lake by
filling in channels, creating boat safety hazards and limiting access. Excavation and
dredging is the only way removal can be done. Hydraulic dredging has the lowest impact
of the methods that can be used as materials are pumped to containment pits to allow for
settling of the heavier material. The only foreseen impact is the return water which must

meet water quality standards before being discharged. The ability to control the
discharge and monitor it is greatly increased using hydraulic dredging as opposed to
excavation. Excavation can only be done when the lake is down and the ability to control
the return water is much more limited. The Town will inform both the US Army Corps
of Engineers and the NC Division of Water Quality whenever dredging activities begin
and when completed. The Town would like to undertake these activities during winter
months when lake activity is at its lowest level and prevents the least amount of
interference for boaters and recreational use of the lake.
Constraints Associated with Project: Because Lake Lure is a tourist destination lake, it
is important that this work be conducted at optimal times so that there is no interference
with boater traffic. Traditionally, this work has been done during the winter months
because boat activity is greatly reduced. It is imperative that approval for this project be
granted as soon as possible in order to complete work before the tourist season picks up
in the spring.

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Permit Number: 199600631
Name of County: Rutherford
Name of Permittee: Town of Lake Lure
Date of Issuance: August 13, 1997
Upon completion of the activity authorized by this permit and any mitigation
required by the permit, sign this certification and return it to the following
address: ,
U.S. Army Corps of Engineers
Attention: CESAW-CO-RA
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection
by an U.S. Army Corps of Engineers representative. If you fail to comply with
this permit you are subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has
been completed in accordance with the terms and conditions of the said permit,
and required mitigation was completed in accordance with the permit
conditions.
I-~~
Signature of Permittee
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DEPARTMENT OF THE ARMY ~~~Er~/~~ .
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 ~~ 1 ~ ~{~97
WILMINGTON, NORTH CAROLINA 28402-1890 777
August 13, 1997
IN REPLY REFER TO
Regulatory Branch
Action ID 199600631
Town of Lake Lure
Attn: Mr. John Strutner
Post Office Box 255
Lake Lure, North Carolina 28746-0255
Dear Mr. Strutner:
Reference your recent notification concerning the Town's plans to
perform maintenance dredging in the Lake Lure Harbor Channel in Lake Lure,
Rutherford County, North Carolina. The proposed dredge area is approximately
24 feet wide and 300 feet in length. I understand a 3 foot deep channel from
approximately the normal low pool elevation is required to insure safe boat
access to and from the harbor.
As I have already discussed with you by telephone, the above referenced
Department of the Army permit authorized maintenance dredging for a period of
ten years from the date of the permit. A review of the permit indicates that
your proposed maintenance dredging area falls within a reasonable proximity of
the authorized dredge area. In addition, the permit was issued to the Town
with the intent of authorizing the maintenance of a safe, navigable channel to
and from the main body of the lake. In view of these findings, we have
determined that your dredging activity is currently authorized. You may
proceed with work as soon as the Town is able to mobilize its' hydraulic
dredge.
You are reminded that the original terms and conditions of the permit
remain in full force and effect. A copy of the permit conditions are enclosed
for your review. In addition, I have attached a copy of the project location
map submitted with your maintenance dredging request.
The Town's coordination with this office is appreciated. Should there
be questions regarding this or other permit matters, please do not hesitate to
contact me at telephone [phone].
Sinc rely,
Robert W. Johnson
Office Manager
Asheville Regulatory Field Office

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SPECIAL CONDITIONS
1. All work authorized by this permit must be performed in strict compliance
with the attached plans, which are a part of this permit.
2. Dredged material from the excavation operation will be deposited only in
the designated diked disposal area estabished by the Town as shown on sheet 2
of the project plans.
3. Any shoreline areas disturbed by the dredging operation will be stabilized
with rock or by seeding permanent vegetation and mulching.
4. A water control structure will be installed at the intake end of the
effluent pipe leading from the retention area in order to ensure maximum
settlement of suspended solids.
5. Flow from the diked retention area will be confined by pipe, trough, or
similar device to a point at or below the normal low pool elevation contour to
prevent gully erosion and siltation.
6. No excavated or fill materials will be placed at any time in any vegetated
wetlands or waters.
7. No vegetated wetlands will be excavated or filled.
8. The temporary placement or double handling of excavated or fill materials
within waters or vegetated wetlands is not authorized.
9. The activity will be conducted in such a mariner as to prevent a
significant increase in turbidity outside the area of construction or
construction-related discharge. Increases such that the turbidity in the
waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or
less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or
less in trout waters, are not considered significant.
10. If the permittee discovers any previously unknown historic or
archeological remains while accomplishing the authorized work, he will
immediately notify the Wilmington District Engineer who will initiate the
required State/Federal coordination.
11. This Department of the Army permit does not obviate the need to obtain
other Federal, State, or local authorizations required by law.
12. This permit does not grant any property rights or exclusive privileges.
MAINTENANCE DREDGING:
The work authorized herein includes periodic maintenance which may be
performed for ten years from the date of issuance of this permit provided:
a. The permittee will advise the District Engineer in writing at least
two weeks before he intends to undertake any maintenance dredging.
b. The proposed area to be dredged, method of dredging and disposal of
dredged material will be in strict accordance with that authorized by this
permit.

,.
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- T.
o~ n o~ ~~T1,~.k a L:~a r e-.
P, O. $ox 255 • -Lake Lure, NC 28746-0255 • '704/625-9983- FAX. [phone]
Incorpgrated 1927. __ .. ,
~. JanuarX 14; 19.98 •"
- _ _ -
Mr:: Robert•..'John~an
` affee •Mahage~: ~, ,~ . ~ ,
. . ~ : , -.
- Asheville Regulatory Ee.ld Office,
US ..Army- Corps .af Engineers _ ~ -
I~:1~ :Patton Avenue,.-, Roo~-..143'~ ~ ~ :
-Ashe~ill~,.' NC ;~28;8Q1-5'x46 „ ... ,.: ,
Dear Boob. ~ - - - ... \ . ,
' ~Thank~ you; f.or ,vistng.~us.,yesterday~ it is a~l'ways goad ;to have you'
- 'here to o~f~fervalued. advice.' and ~assfstanee. -
:~s --
_,
- Per our discussion yes"terday; ,please oonsder this ~ as.: the. T.own'`s
formal,, request` for ,a.. permit°' to ~. ~emov'e , accumulated. sediment ~ along ~ .
the shore ' Qf the Broad .River above °the ,=entry. point` of .said river.
":into ~e ~Lure._ Tlie-~s~pecifc pro3ect"-areas` :are';.delneated~ on ,~t~e'"~.
' enclosed mag In: ` addition; ~ " • have .; included ; ''a ; copy' - o.f '..the '
geotechnical. 'report :pr.epared.~ by Bunnell-Lamnous Engineering-, `Inc.
which provides further `detai]..~_ {FEMA`.~required` this report.: ~~
As~ you are ~agnzant, .the ~ Towxf, .'has been :approved for ~FEMA funding '~
- -for this„ work under DSR No.:~ 788'38."re1'ated to the"Federa-1 disaster.
dea~ared ~s a result. of the .. f lashf food 'storm. .ncident~ inSeptember
- 19;9'G :' ~ Said ' I~Sh„ was :issued. ~.n lane. No~ze~nrber `•a-fter an "inspection by
FEM~ the 'preced'ing August F'•EMA, leas allocated $2:9'.1,..28 'for :.removal _
- of. the: estimated " 36:r~16, "c:y. , of sediment;, plus $27; 676'.: for
- - assocatei~ ~ engineering, ~Seiwrlces:: ~ I , ~a'll..:-be ~~ .ffieetng :with ~ cur
" engin~er:nc~ ,firm, I~eGi.11 Assoc~atas; latier,~ tcday'~ to, •nitate. ~~ork ~~
_ on `.th'e.''planrrinq: aid ~bid~: sped/,pacl~age.~ preparation ~roces~ses. -
.. .~ ~ `
' ~ As yau;~indcated yesterday, .this, rsc~uested ~pe~rmit will be isstted.as.
a part: ©€ ct~r~ current ~ierint~ X19964063]:);;- and that. perm~_ will be..
recons~tit~ted to include a~~ _ten,~. dear,, general` 'maintenance :dredging
provxs'an • which. -wig.-1 ' encompass° not `only ~: the. area .whi'ch. is`' they
.. - ~ subject o-f th~a.. reque~t.~ ~ butt also:. the. other:- two areas cleared "of
;sediment, , in' 1997` under . ~0~: permit . _ - - , '
", If you desire further' in€arm~ticin;. -please ad'vis,e, me at ;, your
cc~nven•.~nce, Tlanks~: for, your. cpop,~ration ~a_nd- as~sstanc~. '
. _ 5ncerely,.~ _ .
~--e--'-`__
-. - ~ - ~ . ,_ -John R.: .Strutner .
Town, Manager -
Enc. ,