20171209 Ver 1_More Info Received_20171127

TOWN OF LAKE LURE
Lake Operations Department
November 17, 2017
FLNOV
Division of Water Resources401 & Buffer Permitting Unit 7:2 1 71617 Mail Service Center
Raleigh, NC 27699-1617 R FS
To Whom It May Concern:
On October 26, 2017, the Town of Lake Lure received a Request for Additional Information regarding a
submitted application for shoreline stabilization. The letter was dated October 26, 2017. The original
application was made as part of Lake Lure's inclusion in the GP 30. The letter specifically outlined the
deficiencies of the current application and the additional information needed. The additional information
is provided in the following paragraphs:
1) According to the information request, based on our application, the total linear feet of proposed
shoreline stabilization exceeds the 500 feet threshold for a USACE GP 30. As a result the Town was
instructed to submit a PCN for a Nationwide 13. The Town has submitted the PCN for the NW13 to the
USACE and NC Wildlife. Copies of this application are enclosed with this letter for consideration, in
accordance with the additional information request. The Town was told that no additional fees would be
required for submittal based on the fee that had been previously submitted as part of the original
application.
2) The type of seawalls shown in the plans submitted with the original application do not meet the
standards outlined in the Duke Energy Shoreline Management Guidelines in that they are not dry -stacked
boulder walls, but rather are poured masonry walls. This is due to the fact that these walls are in fact
structural retaining walls that have been designed by a structural engineer and are critical structures in
preventing upland slope movement. The design calls for the installation of Class B rip rap at the toe of
these walsl and up the face in order to dissipate wave action, which is critical to protecting the wall as
well as reduce shoreline erosion to adjacent properties. The sites where these walls are called for in our
application already have seawalls in place and have been inspected by NC DWR Environmental
Specialists who have confirmed that they will accept these engineered designs as it pertains to this
particular application.
3) Our original application stated that Class C rip rap would be used for shoreline stabilization which
does not follow the recommendations of the Duke Energy Shoreline Management Guidelines. This was
in fact a mistake on the application and the desire of the Town is to follow the recommended guidelines
as closely as possible where applicable. Therefore we would amend our application to reflect the use of
Class B rip rap, in accordance with the recommended guidelines.
4) Additional information was requested regarding quantity of vegetation to be removed in the trout
buffer and a planting plan for re-establishment. With the exception of two of the projects described in the
P. O. Box 255, Lake Lure, NC 28746 ❖ Phone [phone], Ext. 502, Fax [phone]

application, there will be no trout buffer impacts, as all the work will be done from the water. As such no
vegetation will be removed nor require replacing. The two projects where replacement of seawalls is
proposed, one project (Camp Lurecrest Ministries), the work will not remove any woody vegetation
because there is none there currently. This particular area is a high use area where campers congregate
and participate in various water activities, so there is no expectation of removing any additional
vegetation other than what temporary disturbance there will be in removing the existing wall. The area
upland of the wall is currently a grassy area and the desire is for it to remain as such to ensure access to
the water. The second wall project (Stokes) does have an intact trout buffer with substantial woody
vegetation. Some vegetation may need to be removed to make the necessary wall replacements, but the
removal will be limited to vegetation that is immediately adjacent to the wall, consisting primarily of
shrubs. Any removal of vegetation beyond what is necessary to perform the work will require approval
from the Town of Lake Lure as part of our local regulations as well as a trout waiver from NC DEMLR,
and will require a re -vegetation plan in accordance with the EEP's Guidelines for Riparian Buffer
Restoration. It is not anticipated that a re -vegetation plan will be necessary based on the desire of the
upland property owner to be in full compliance with all regulations.
It is the desire of the Town of Lake Lure to comply with all applicable rules and regulations and we hope
that this response is reasonable to provide the additional information requested. If you have any questions
about any of the revisions, please let me know. You can contact me at [phone] ext. 502 or at
[e-mail].
Thanks,
4 � ,
Clint Calhoun, CFM, CLM
Environmental Management Officer
Town of Lake Lure
Enclosures
P. O. Box 255, Lake Lure, NC 28746 * Phone [phone], Ext. 502, Fax [phone]

I 1 VlJll`JL/�.(4
Office Use Only:
Corps action ID no.
DWQ project no. _
Form Version 1.4 J
AN
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form/"/ NOV
A.
1.
Applicant Information
D Q_
ProcessingBlJEF R X RM RC S
1 a. Type(s) of approval sought from the Corps:
Q Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: NW 13 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
Q 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes 0 No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes Q No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes Q No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes Q No
2.
Project Information
2a.
Name of project:
Lake Lure
2b.
County:
Rutherford
2c.
Nearest municipality / town:
Town of Lake Lure
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Town of Lake Lure
3b.
Deed Book and Page No.
AD 3107
3c.
Responsible Party (for LLC if
applicable):
Town of Lake Lure
3d.
Street address:
2948 Memorial Hwy
3e.
City, state, zip:
Lake Lure, NC 28746
3f.
Telephone no.:
828-625-9983
3g.
Fax no.:
828-625-8371
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1 b. Site coordinates (in decimal degrees):
Latitude: 35.43551 Longitude: -82.232048
1c. Property size:
814 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Lake Lure
2b. Water Quality Classification of nearest receiving water:
Class B, Trout
2c. River basin:
Broad
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Predominately residential and recreational.
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0
3d. Explain the purpose of the proposed project:
Repair and/or replace existing seawalls and armoring of lake shore. (See attached narrative).
3e. Describe the overall project in detail, including the type of equipment to be used:
Repair and replace sections of seawalls where failure has occurred and placing rip rap along the toe of these walls. Work will be mostly by hand.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑ Yes 0 No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes Z No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes 0 No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑ Streams — tributaries ❑ Buffers Q Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 -
Choose one
Choose one
Yes/No
-
W2 -
Choose one
Choose one
Yes/No
-
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1
Choose one
-
S2 -
Choose one
-
S3 -
Choose one
S4 -
Choose one
-
S5 -
Choose one
-
S6 -
Choose one
-
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivii ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 P
Lake Lure
Bulkheads
Lake
0.34
02 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
0.34
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
(acres)
Flooded Filled
Excavated Flooded
Filled Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require miti ation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number -
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Walls were evaluated for determine if only armoring would be required, but damage from wave action has been sufficient enough to require
replacement. Walls have been engineered to replace what was already pre-existing so that no heavy equipment is needed along the shoreline.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
No heavy equipment is being used on the landward side. All work is taking place on the lake side while the lake is drawn down. Impacts will be
minimal. Seawalls will be removed and the new seawall sections will be put up in the same footprint as the old one. (See attached plans and
narrative).
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
E] Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
Yes ❑X No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes Q No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
0.6%
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ❑x No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
0.34 acres of impact vs. 52.48 acres of upland property. All current storm water is handled through existing
storm drains and sheetflow. No
stormwater is being piped directly into the lake.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
El USMP❑
apply (check all that apply):
Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
E] Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes
❑X No
use of public (federal/state) land?
1 b. If you answered "yes' to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application?
El Yes
❑X No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
El Yes
❑X No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes' to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. 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 through the NPDES permitted wastewater
treatment facility
owned by the Town of Lake Lure.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NC Natural Heritage Program database.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC Office of Natural and Cultural Resources database.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
Projects are in compliance with the Town of Lake Lure Floodplain Development Regulations and FEMA requirements. Projects do not impact base
flood elevations as they are replacement projects for existing structures and Lake Lure is flood controlled via the dam.
8c. What source(s) did you use to make the floodplain determination?
NC Floodplain Mapping FIRMs.
Ron Nalley
11-02-2017
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10