19970878 Ver 1_Approval Letter_19980126

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Lake Tahoma, Inc.
C/o Dr. William Griffin
PO Box 1330
Marion NC 28752
Dear Dr. Griffin:
D E N R
January 26, 1998
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed Lake Tahoma Inc.
WQC Project #970878, COE #199830089
McDowell County
Attached hereto is a copy of Certification No.3178 issued to Lake Tahoma Inc. dated
January 26, 1998.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
r stop Howard, Jr.
Attachments
970878.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Division of Water Quality • Environmental Sciences Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section
401 Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500
to Lake Tahoma Inc. to remove 52,000 cubic yards of sediment by dragline McDowell
County pursuant to an application filed on the 20th day of November, 1997 to dredge the
northeastern arm of Lake Tahoma (Little Black Creek).
The application provides adequate assurance that the discharge of fill material into
the waters of Lake Tahoma in conjunction with the proposed development will not result
in a violation of applicable Water Quality Standards and discharge guidelines. Therefore,
the State of North Carolina certifies that this activity will not violate the applicable
portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your
application, as described in the Public Notice. If you change your project, you must
notify us and you may be required to submit a revised application. If total wetland fills
for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed below. In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water
Supply watershed regulations.
Condition(s) of Certification:
1. Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining
Manual" (available from the Division of Land Resources in the DEHNR Regional or
Central Offices) shall be utilized to prevent exceedances of the appropriate turbidity
water quality standard (50 NTUs in all fresh water streams and rivers not designated
as trout waters; (10 NTUs in trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored after the Division of Land Resources has
released the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into
contact with waters of the state until the concrete has hardened;
4. Should waste or borrow sites be located in wetlands, compensatory mitigation is
required since it is a direct impact from road construction activities;
5. Material dredged from the lake shall placed so as not to reenter Lake Tahoma.
Violations of any condition herein set forth shall result in revocation of this
Certification and may result in criminal and/or civil penalties. This Certification shall
become null and void unless the above conditions are made conditions of the Federal 404
and/or coastal Area Management Act Permit. This Certification shall expire upon
expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing
upon written request within sixty (60) days following receipt of this Certification. This
request must be in the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 276 1 1-7447. If modifications are made to an original Certification,
you have the right to an adjudicatory hearing on the modifications upon written request
within sixty (60) days following receipt of the Certification. Unless such demands are
made, this Certification shall be final and binding.
This the 26th day of January, 1998
DIVISION OF WATER QUALITY
)ward, Jr. P.E.
WQC #3178