20170410 Ver 1_Approval Letter_20170502

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Water Resources
Environmental Quality
May 2, 2017
Language Services, LLC
Attn: Michael Batter
344 Ponte Vedra Blvd
Ponte Vedra Beach, FL 32081
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 17-0410
Rutherford County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Batter 119 Water Pointe — Lake Lure
Dear Mr. Batter:
You have our approval for the impacts listed below for the purpose described in your application
dated March 28, 2017 and received by the Division of Water Resources (Division) on April 5,
2017. These impacts are covered by the attached Water Quality General Certification Number
4098 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. [15A NCAC 02H .0506(b)
and/or (c)]
Type of Impact
Amount Approved
Permanent
Open Waters
Above Pool
Below Pool
0.0017 (acres)
0.0017 (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.
State of North Carolina ( Environmental Quality I Water Resources
2090 U.S. Highway 70, Swannanoa, North Carolina 28778
828-296-4500

Batter 119 Water Pointe
DWR# 17-0410
401 Approval
Page 2of3
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 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 http://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

Batter 119 Water Pointe
DWR# 17-0410
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.Anninogncdennizov if you have any questions or concerns.
Sincerely,
4�� C_t�.
Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4098
Certificate of Completion
cc: David Brown — 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)
Vic Knight — Landowner Agent (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
G:\WR\WQ\Rutherford\401s\Non-DOT\119 Water Pointe —Michael Batter\APRVL.Batter.119 WaterPointe 5.2.2017.docx