20130943 Ver 1_Approval Letter_20140911

FILM
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
September 9, 2014
DWR # 13 -0943
Macon County
Town of Highlands
Attn: Bob Frye, Town Manager
210 North Fourth Street
Highlands, North Carolina 28741
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION - MODIFICATION
Lake Sequoyah Raw Water Intake
Dear Mr. Frye:
In accordance with your modification request_ dated August 8, 2014, approval has been granted for the design
contained therein and impacts listed in the table below. This approval requires you to follow the conditions
listed in the enclosed certification(s) or general permit and any additional conditions listed below.
Project impacts are covered by the attached Water Quality General Certification Numbers 3883 and 3884 and
the conditions listed below. This certification is associated with the use of Nationwide Permit Numbers 3 and
12 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should obtain or
otherwise comply with any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer
regulations.
IMPACTS APPROVED
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.
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Open Waters
Site 1
(acres)
0.03 (acres)
Site 2
(acres)
0.004 (acres)
Site 3
(acres)
0.02 (acres)
Site 4
0.008 (acres)
(acres)
Water Quality Regional Operations— Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: 828 - 296-45001 FAX: 828 - 299 -7043
Internet: hftp :l /portal.ncdenr.org/web /wq/ws
An Equal Opportunity 1 Affirmative Action Employer

Town of Highlands
September 9, 2014
Page 2 of 3
ADDITIONAL CONDITIONS
1. 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. If the property is sold, the new owner must be given a copy of this approval
letter and General Certification (s) /Pennit/Authorization and is responsible for complying with all
conditions.
2. As described in the original approval dated December 6, 2013, the Town has elected to install a
permanent cold water release mechanism, depicted on Sheetsl — 4 in the modification request. The cold
water release siphon shall be utilized to lower the water temperature downstream of the dam,
particularly during lower stream flows.
This approval and its conditions are final and binding unless contested.
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 (919) 431 -3000 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 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, 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, NO 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

Town of Highlands
September 9, 2014
Page 3 of 3
This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A
NCAC .0500. Please contact Chuck Cranford at 828 - 296 -4650 or chuck.cranford&ncdenr.gov if you have any
questions or concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: DWR ARO 401 files
DWR 401 and Buffer Permitting Unit
ec: Mike Waresak - McGill
David Brown - USACE Asheville Regulatory Field Office
G; \WR \WQ\ Macon \401sWon - DOT\ LakeSequoyah \AprvlMod.9- 9- 14.docx _