Need to Know Facts Before Starting Work During Lake Drawdowns

Need to Know Facts Before Starting Work During Lake

Drawdowns

● Generally, all work within the lake boundary (995 feet MSL) will require

permits from the Town of Lake Lure.

● Additional permitting from North Carolina DWQ and/or USACE and/or

Rutherford County Building Inspections is likely to be required from any

work below the shoreline (990.5 feet MSL).

● State and federal permits, if required, shall precede and accompany town

applications as required.

● Property owners and/or contractors are responsible for getting permits

from county, state, and federal agencies as appropriate. The Town does not

provide these services.

● Be advised: State and federal review times might exceed lake drawdown

period. Please ensure to submit permit as early as possible.

Please continue reading on the next page for further information.

09/19/2019

Working On Lake Lure?

Information you need to know.

Quick Reference

Seawalls/ Bulkheads/Shoreline Stabilization will require:

1) 401 Water Quality Certification from NC Division of Water Resources

2) Town of Lake Lure Lake Structure Permit/ToLL Shoreline Stabilization Permit (as

applicable) and all accompanying documentation. (Site plan, engineered drawings,

etc.)

3) Compliance with Trout Buffer regulations or variance, either granted or under

review from the State of North Carolina.

4) Reference to US Army Corps of Engineers General (Regional) Permit 198200030

(RGP30) to assure work is within the scope of the Regional Permit.

5) Town of Lake Lure Floodplain Development Permit

Boathouses/ Docks/ and other Lake Structures:

1) 401 WQC from NC DWR (unless only using driven pressure treated wood pilings

for footing support of boathouse/ dock construction)

2) ToLL Lake Structure Permit and all accompanying documentation. (Site plan,

engineered drawings, etc.)

3) Compliance with Trout Buffer regulations or variance, either granted or under

review from the State of North Carolina.

4) Reference to USACE RGP30 to assure work is within the scope of the Regional

Permit.

5) ToLL Floodplain Development Permit

Private Utilities Repair/Maintenance:

Check with Town Staff, especially if working with private sewer distribution lines

utilizingTown manholes (such may require additional permitting from the State).

Working On Lake Lure?

Information you need to know.

Subject:

Lake Drawdown

USACE RGP30

GC 4145

Trout Buffer

Town of Lake Lure Lake Structure Regulations

The Town of Lake Lure will be drawing down its lake by 5-6 feet on December 1, 2019,

and will begin raising the lake to full pond on February 10, 2020.

This period will afford property owners to do work below normal water level on seawalls,

bulkheads, boardwalks, and other lake structures.

Before starting any work or construction on Lake Lure, property owners, agents, and/or

contractors shall seek proper permitting from the Town of Lake Lure, North Carolina

Department of Environmental Quality-Division of Water Resources(NCDEQ-DWR), and

authorization from the United States Army Corps of Engineers (USACE).

USACE RGP30

All work in or affecting navigable waters of the United States requires authorization by the

United States Army Corps of Engineers. The USACE, pursuant to Section 10 of the Rivers and

Harbors Act and Section 404 of the Clean Water Act, have issued General (Regional) Permit

198200030 (RGP30)

RGP30 URL: http://saw-reg.usace.army.mil/RGP/RGP30-2016-12-23.pdf

The RGP30 authorizes the construction, maintenance and repair of most common structures,

but may require some projects to provide pre-construction notification and received written

authorization. Please ensure to consult the RGP30 for clarification on such projects.

Ensure to seek proper permitting from the Town of Lake Lure before the commencement of any

construction projects, including repairs that require a Rutherford County Building Permit.

The RGP30 also has strict requirements for authorized dredging and excavation within the lake.

Please ensure to consult the RGP30 for clarification on such projects.

Authorization from the Town of Lake Lure is required before the commencement of any

dredging or excavation projects.

USACE Pre-Construction Notification Form URL:

https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide

-Permits/Pre-construction-Notification/

Working On Lake Lure?

Information you need to know.

NCDEQ-DWR GC4145

Written approval for a 401 Water Quality Certification from the Division of Water Resources is

required before any permanent impact to water, or wetlands adjacent to waters, designated as

ORW, SAV, HQW, Trout, or Scenic River. Lake Lure and its tributaries are designated as

trout waters.

Please ensure to consult the GC4145 before starting any projects that affect the waters of Lake

Lure and its tributaries.

GC-4145 URL:

https://edocs.deq.nc.gov/WaterResources/0/doc/613079/Page1.aspx

Instructions for Shoreline Stabilization Application URL:

https://files.nc.gov/ncdeq/Water%20Quality/Surface%20Water%20Protection/401/Certs%20and

%20Permits/SSGP%2010-2013%20Shoreline%20Help_final-061714updates.pdf

If a project is required to receive certification under the GC4145, The Town of Lake Lure

requires proof of a 401 Water Quality Certification from the Division of Water Resources (when

required)



before



a permit for Lake Structures will be issued.

Please ensure all applications to DWR are submitted 60 days in advance. The Town has no

influence over the State's review time for these applications.

Trout Buffer

Lake Lure is designated as Trout Waters by the State of North Carolina and enforced by NC

Administrative Code 15A NCAC 2B .0202, Sedimentation and Pollution Control Act of 1973 GS

113A-57(1), and Division of Land Resources Rule 15A NCAC 04B .0125. Again, this is a State

of North Carolina designation.

The trout buffer is also referenced and enforced in the Town’s Soil Erosion and Sedimentation

Control Regulations and Zoning Regulations in the following sections:

§ 92.005 DEFINITIONS of the Town’s Zoning Regulations, Page 1-19

§ 92.120 LAND CLEARING AND GRADING ASSOCIATED WITH DEVELOPMENT of the

Towns Zoning Regulations, Page 8-1 to 8-3

§96.07 STANDARDS FOR LAND DISTURBING ACTIVITY of the Town’s Soil Erosion and

Sedimentation Control Regulations, Page 19 – 20

Working On Lake Lure?

Information you need to know.

§ 92.005 of the Town of Lake Lure’s Zoning Regulations

Trout Buffer:



An undisturbed strip of land of specified width as measured in the horizontal plane

and as defined and illustrated in the Town of Lake Lure Land Disturbance Regulations, that is

required for the protection of waters that have been classified as trout waters by the

Environmental Management Commission.



Any removal of vegetation, including the removal

of living branches, is prohibited within such areas.



(Adopted 6-10-08)

Please note, pursuant § 94.15 (B), the cutting of standing trees at or below the lake boundary

(995 feet MSL) is prohibited unless authorized by Lake Lure Town Council.

Please ensure to consult with the Town of Lake Lure before performing any land disturbing

activity.

NCDEQ Trout Buffer FAQ and information guide:

http://www.digital.ncdcr.gov/cdm/ref/collection/p16062coll9/id/228795

N.C. Division of Energy, Mineral, and Land Resources, Sediment Program (NCDEMLR): Trout

Buffer Variance Request Information:

https://files.nc.gov/ncdeq/Environmental%20Assistance%20and%20Customer%20Service/Perm

it%20Handbook%20Documents/2016_Revisions/Water%20Trout%20Buffer%20Variance.pdf

Town of Lake Lure Zoning Regulations:

https://www.egovlink.com/public_documents300/lakelure/published_documents/Town%20Ordin

ances/Chapter_92_Zoning_Regulations.pdf

Town of Lake Lure Soil Erosion and Sedimentation Control Regulations:

https://www.egovlink.com/public_documents300/lakelure/published_documents/Town%20Ordin

ances/Chapter_96_Erosion_Control.pdf

Town of Lake Lure Lake Structure Regulations

All land covered by the waters of Lake Lure at full pond (990.5 feet MSL) is owned by the Town

of Lake Lure and is held in trust by the Town of Lake Lure for the benefit of the citizens of Lake

Lure.

Town Council established these regulations to govern all lake structures being erected and

maintained within the boundaries of the lake (995 feet MSL) for the purpose of enhancing the

health, safety, and welfare of the general public and to preserve the property of the Town and

the properties of upland land owners.

Working On Lake Lure? 
 Information you need to know. 
Pursuant to § 94.03 (A), 
before the construction of any structure within the 995 feet MSL lake boundary, a Lake Structure 
Permit Application must be submitted to the Lake Structure Administrator and a Lake Structure 
Permit provided upon approval of the project.  
 
This also applies to prefabricated structures that are installed rather than constructed if they 
exceed 150 pounds in total weight.  
 
Pursuant to § 94.06 (A), repairs to existing lake structures that are internal, external, and 
cosmetic do not require a Lake Structure Permit, unless a county building permit is required. 
However, structural repairs and reconstruction of lake structures require a Lake Structure Permit 
as described in §94.03 before any work is performed. 
 
Generally, all lakefront work will also require a Floodplain Development Permit. 
 
Town of Lake Lure Lake Structure Regulations: 
https://www.egovlink.com/public_documents300/lakelure/published_documents/Town%20Ordin
ances/Chapter_94_Lake_Structure_Regs.pdf 
 
Floodplain Development Permit Application: 
https://www.egovlink.com/public_documents300/lakelure/published_documents/Forms_Permits
_Applications/Land%20Use/Floodplain%20Development%20Permit%20Application.pdf 
 
Lake Structure Permit Application for Shoreline Stabilization: 
https://www.egovlink.com/public_documents300/lakelure/published_documents/Forms_Permits
_Applications/Land%20Use/Lake%20Structure%20Permit%20Shoreline%20Stabilization.pdf 
 
Lake Structure Permit Application: 
https://www.egovlink.com/public_documents300/lakelure/published_documents/Forms_Permits
_Applications/Land%20Use/Lake%20Structure%20Permit.pdf 
 
 
 
 
For Questions about the information in this document, please contact the Town of Lake Lure  
Community Development Department. 
1(828) 625-9983 ext 107   email: [email protected] 
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