20100034 Ver 1_Approval Letter_20100317

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NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 17, 2010
Robert Soran
Sunshine NC, LLC
43 West Main Street
Franklin, NC 28734
Subject: 401 Water Quality Certification - Approval
Soran - Pond Dredging
DWQ Project # 10-0034
Macon County
LTNOI / UT Monger Creek (Club Lake) / 2-21-4-(2) / WS-III CA
Dear Mr. Soran:
Dee Freeman
Secretary
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 28 feet of streams and 1.8 acres of open
waters for the purpose of lake dredging and culvert installation at the subject property. This approval requires
you to follow the conditions listed in the attached Certifications and any additional conditions listed
below.
Project impacts are covered by General Water Quality Certification Number 3705 and 3700. This Certification
allows you to use Nationwide Permit 16 and 29 when issued by the US Army Corps of Engineers (USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control and water supply watershed regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Emplover
Natural Resources
NorthCarolina
,AaturaZ!y
Robert Soran
March 17, 2010
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Stream 28 (feet) Figure 6
Waters 1.8 (acres) Figure 5
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office
at 828-296-4664.
Sincerely,
Coleen H. Sullins, Director
CHSIcbc
Eric: GC3700
GC3705
Certificate of Completion
cc: Lori Beckwith - US Army Corps of Engineers Asheville Field Office
David McHenry - North Carolina Wildlife Resources Commission
Cyndi Karoly - 401 Permitting Unit
Macon County Planning
Clement Riddle - C1earWater
ARO File copy
S:\SWP\Macon\401s\Non-DOI1 Soran\APRVL.03.16.10.doc