20161177 Ver 1_Approval Letter_20161222 (2)

KC
Water Resources
ENVIRONMENTAL QUALITY
December 30, 2016
Tom and Vicki Rogers
530 Brown Sugar Retreat
Mt. Pleasant, SC 29464
PAT MCCRORY
rrovema.
DONALD R. VAN DER VAART
Se V"
S. SAY ZIMMERMAN
D— ,'
DWR# 16-1177
Rutherford County
Subject: .APPROVAL MODIFICATION OF 401 WATER QUALITY
CERTIFICATION WITH ADDITIONAL CONDITIONS
Rogers 185 Blarney Road — Lake Lure
Dear Mr. and Mrs. Vickers:
You have our approval for the impacts listed below for the purpose described in your application
dated November 25, 2016, and received by the Division of Water Resources (Division) on
November 30, 2016, with additional information received on December 15, 2016. This approval
modification replaces the original approval issued on December 21, 2016. These impacts are
covered by the attached Water Quality General Certification Number 3898 and the additional
conditions listed below. This certification is associated with the use of General Permit Number
30 once it is 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:
1. 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. [15A NCAC 02H .0506(b)
and/or (c)]
Type of Impact
Amount Approved
Permanent
Open Waters
Above Pool
Below Pool
0.0368 (acres)
0.0470 (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.
Slele of North Carolina I avUYUTe ul Quality I Waar BP ,Vs
2090 US. Hwy, 701 SENT—, N.l Carolina 28778
8282964500

Rogers 185 Blamey Road
DWR# 16-1177
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. [15A 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 Foran 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 htto://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 S: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:
Ifsending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ifsending 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:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Rogers 185 Blarney Road
DWR4 16-1177
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 Kevin Mitchell at 828-296-4650 or
kevin.mitchellgiicdenr. roovv if you have any questions or concerns.
Sincerely,
rice, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3898
Certificate of Completion
cc: David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
Clint Calhoun — Town of Lake Lure (via email)
Stan Aiken — DEMLR (via email)
Vince Wiegman— Wiegman Architecture, PA (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\W6WQarffirrford\401sWon-D0Mogers 185 Blarney ROadWPRVL.Rogers 185 Blarner Road 12.21 2016doax