20171405 Ver 1_Email Approval_20171208

Strickland, Bev
From: Annino, Amy M
Sent: Friday, December 08, 2017 11:12 AM
To: Elliott, William A SAW; Leslie, Andrea J; Aiken, Stan E; 'Clint Calhoun'; 'Kim Warner'
Subject: DWR APRVL 2017-1405 Nelms, Lot 7 Paradise Point
Attachments: 20171205_APRVL_Nelms Lot 7 Paradise Point.docx.pdf
Please see attached DWR Approval letter for the subject property.
Amy Annino
Environmental Specialist —Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4656 office
g.ML.aiiiiiiiiiiopiiicdeiiiir.gov
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
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Water Resources
Environmental Quality
December 8, 2017
David and Daryl Nelms
620 Broadmoore Dr
Lake Forest, IL 60045
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR # 17-1405
Rutherford County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Nelms, Lot 7 Paradise Point — Lake Lure
Dear David and Daryl Nelms:
You have our approval for the impacts listed below for the purpose described in your application
dated October 26, 2017 and received by the Division of Water Resources (Division) on
November 1, 2017 with additional information received on November 29, 2017. These impacts
are covered by the attached Water Quality General Certification Number 4145 and the additional
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 any other
federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Sediment and Erosion Control, Non -Discharge, Water Supply Watershed,
and Trout Buffer regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
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. [I 5A NCAC 02H .0506(b)
and/or (c)]
Type of Impact
Amount Approved
Permanent
Open Waters
Above Pool
Below Pool
0.0649 (acres)
2. 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.
{'Nothing Compares_
State of North Carolina I Environmental Quality
2090 U.S. Highway 701 Swannanoa, North Carolina 28778
828-296-4500

Nelms, Lot 7 Paradise Point
DWR# 17-1405
401 Approval
Page 2 of 3
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. [I 5A NCAC 02H .0507(d)(2)]
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 [15A NCAC 02B .0211 (21)]. 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. [G.S. 143-215.5]
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 hltp://www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone] 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:OOam and 5:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Nelms, Lot 7 Paradise Point
DWR# 17-1405
401 Approval
Page 3 of 3
This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H.0500. Please contact Amy Annino at 828-296-4656 or
Amy.Annino(c�r�,ncdenr.gov if you have any questions or concerns.
Sincerely,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4145
Certificate of Completion
cc: William Elliot — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
Stan Aiken — DEMLR (via email)
Clint Calhoun — Town of Lake Lure (via email)
Kim Warner — Landowner Agent (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\Rutherford\401s\Non-DOT\Nehns Lot 7 Paradise Point\20171208_APRVL Nelms Lot 7 Paradise Point.doex