20110148 Ver 1_No Written Concurrence_20110519

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 19, 2011
Mr. Mark Fortner and Ms. Sandra Fortner
120 Sturken Drive
Bryson City, NC 28713
Subject: Activities Deemed Certified
Cherokee Mountain Club - Fortner Property
DWQ Project # 11-0148
Jackson County
LTN02 / UT Soco Creek / 2-79-55-21 / C Tr
Dear Mr. Fortner and Ms. Fortner:
Dee Freeman
Secretary
The Division of Water Quality (Division) has completed the review of the 401 Water Quality Certification
application associated with the project listed above.
It has been determined that the subject project does not require written concurrence from the Division and is
deemed certified (58 linear feet of stream impact), if the conditions required by Water Quality Certification No.
3821 are followed (attached). In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before proceeding with the project, including (but not limited to) Erosion and
Sediment Control regulations and Trout Buffer regulations.
The Division reminds you that if the projected future use of the project requires additional culverts (or
replacement of culverts with increased length) you will have to re-apply and/or modify your Certification.
If the total impervious surface of the future project is greater than or equal to 24%, stormwater controls will be
required; additionally, a 30 foot vegetated setback must be maintained along surface waters in the project area
(refer to Condition 12 of WQC No. 3821) regardless of percent impervious surface.
Should you not comply with the conditions outlined in the Water Quality Certification, you may be subject to
a civil penalty assessment of up to $25,000.00 per day for each violation.
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 i Affirmative Action Employer
NorthCarohna
Naturalltf
Mr. Former and Ms. Fortner
May 19, 2011
Page 2 of 2
This letter completes the review of your application by the Division under Section 401 of the Clean Water Act.
If you have any questions, please contact Susan A. Wilson in the Asheville Regional Office at [phone].
Sincerely,
I
E.vV
K,ryRoger C. Edwards, Regional Supervisor
Surface Water Protection
Asheville Regional Office
CHS/saw
w/attachment
cc: USACE Asheville Regulatory Field Office
Wildlife Resources Commission - David McHenry
401 Permitting Unit - Central Office
Jackson County Planning - Robert Shelton
Wanda H. Austin, P.E. 44 Homespun Road, Sylva, NC 28779
ARO File Copy
S:\SWPUackson\401s\Non-DOT\Cherokee Mtn Club - Fortner Proj\DMD.Cherokee Mtn Club Fortner.5 201 l.doc