20070096 Ver 1_Approval Letter_20070222

OF WATF
\~~ RpG Michael F. Easley, Governor
William G. Ross Jr., Secretary
cam"' North Carolina Department of Environment and Natural Resources
~ 'C Alan W. Klimek, P.E. Director
Division of Water Quality
February 22, 2007
DWQ Project # 07-0096
Rutherford County
Rick Struck
Rumbling Bald Resort on Lake Lure
112 Mountains Blvd.
Lake Lure, NC 28746
Subject Property: Rumbling Bald Marina and Streams
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Struck:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.6 acres of shoreline for the purpose of
sediment removal at the subject property, as described within your application received
by the N.C. Division of Water Quality (DWQ) on January 16, 2007. After reviewing your
application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3492 (GC3494). The Certification(s) allows you to use
Permit(s) NW19 when issued by the US Army Corps of Engineers (USAGE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, and buffer regulations. Also, this approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose that you described in your application. If you change
your project beyond this approval, you must notify us and you may be required to send
us a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
NorthCarolina
JVatcrra!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Asheville Regional Office Internet: www.ncwateraualitv.org FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Rumbling Bald
Page 2 of 5
February 22, 2007
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount Plan Location or Reference
A roved (Units)
Excavation 0.6 (acres) A - to excavate no deeper than
natural lake bottom
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoils, 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.

Rumbling Bald
Page 3 of 5
February 22, 2007
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Heavy Equipment
Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
7. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before being discharged. If this is not possible,
it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.
8. Trout Buffer Tree Protection
No trees shall be removed within 25 feet of the top of water unless they are
directly within the construction access corridor. If trees are removed, forested
vegetation shall be re-established within the construction access or other
temporary impact area occurring in the protected buffer zone within the next
growing season following construction of the project.
A 25-foot, woody, vegetated zone, must be restored along the shoreline and
along both sides of the creek, crossing under Quail Ridge Blvd, and feeding into
the cove prior to April 15, 2007, to natural riparian conditions with native trees
and shrubs (e.g., silky dogwood, rhododendron, dog hobble, red maple, silky
willow, tag alder, black willow, sycamore) to provide long-term bank stability and
stream shading. Note, silky dogwood, silky willow and black willow can be

Rumbling Bald
Page 4 of 5
February 22, 2007
planted as live stakes collected during the dormant growing season. Cuttings
should be randomly planted on four (4) foot centers from the waters edge to the
top of the bank. Trees should be planted on ten (10) to twelve (12) foot centers.
Stream banks in these areas should also be seeded with a native annual and
perennial seed mix with a temporary nursery crop of wheat, millet or other grain.
9. 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.
12. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401NVetlands Unit web
site at http://h2o.enr.nc.us/ncwetlands. The text of the sample deed notification may
be modified as appropriate to this project.
13. Stream stability monitoring
A qualified stream geomorphologist shall monitor the stream feeding into the cove
annually for a period of 3 years following the anniversary of the excavation activity,
to ensure that stream stability does not become an issue related to this dredging
activity. Should any instability be discovered, a plan to stabilize the stream must be
submitted as a part of the annual report. A report shall be submitted, with surveyed
measurements, photographs, and monitoring data, to the Division Of Water Quality
within 30 days of the completion of work, and within 30 days of the anniversary date
of the completion of work for a period of 3 years.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 1506 of the North Carolina General

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February 22, 2007
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please contact Mr. Kevin Barnett in the
DWQ Asheville Regional Office at either Kevin.Barnettna.ncmail.net or at 828-296-4657.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
AW Klkhb
Enclosures: GC 3494
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 07-0096.RumblingBaldResort.Approval