20100297 Ver 1_Approval Letter_20100719

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 19, 2010
Capital Land Group, LLC
Larry Bragg
1055 Carpenter Drive
Lincolnton, NC 28092
Subject: 401 Water Quality Certification - Approval
Project Name: Forest Creek Subdivision
DWQ Project # 20100297
Caldwell County
CTB / Mulberry Creek and Benbo Branch / 11-38-32-(15) and 11-38-31-1 / Class C
Dear Mr. Bragg:
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 permanently impact 65 feet of streams and
temporarily impact 165 feet of streams for the purpose of residential development at the subject property. This
approval requires you to follow the conditions listed in the attached Certification and any additional
conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3821. This Certification allows
you to use Nationwide Permit 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 Stormwater
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.ncwatergLiality.org
An Equal Opportunity \ Affirmative Action Employer
olle
NorthCarohna
Naturally
Larry tfragg
July 19, 2010
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Stream 16 (feet) SIP
Stream 24 (feet) SIT
Stream 40 (feet) S2T
Stream 26 (feet) S3T
Stream 38 (feet) S4T
Stream 29 (feet) S5T
Stream 8 (feet) S6T
Stream 49 (feet) S6P
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 Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
4? C' -
Coleen H. Sullins, Director
CHS11sw
Enc: GC3821
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit - Central Office
File Copy
Jeffrey Swartz
585 B and T Lane
Taylorsville, NC 28681
S:\SWP\Caldwell\401s\Non-DOT\Forest Creek Development\Approval_ForestCrk.July20IO.doc