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HomeMy WebLinkAbout20121065 Ver 1_Approval Letter_20121206A �� NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director December 6, 2012 Robert E. Dugan Sherwood Forest Homeowners Association, Inc. One Rankin Avenue Asheville, North Carolina 28801 Augustus Napier, Chair 626 Oriole Road Brevard, North Carolina 28712 Subject: 401 Water Quality Certification - Approval Trout Lake Excavation DWQ Project # 20121065 Transylvania County FRB01 / Little River (Cascade Lake) / 6- 38 -(1) / Class C; Tr Dear Messrs. Dugan and Napier: 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 0.275 acres of open waters for the purpose of sediment removal 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 3883. This Certification allows you to use Nationwide Permit 3 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 Trout Buffer 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 Location 2090 U S Highway 70, Swannanoa, North Carolina 28778 Phone 828 - 296 -45001 FAX. 828 -299 -7043 Internet www newaterquallty org An Equal Opportunity i Affirmative Action Emolover One NorthCarolina 11aturall� Sherwood Forest Homeowners Association, Inc December 6, 2012 Page 2 of 2 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: Additional conditions 1. Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213..0200. Appropriate sediment and erosion control practices must be used to meet this standard. 2. Notification of Construction 72 hours prior to beginning construction, Kevin Barnett shall be notified at 828 - 296 -4657. 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 Kevin Barnett in the Asheville Regional Office at (828) 296 -4657. Sincerely, /J for Charles Wakild, P.E., Director CW/khb Eric: GC3883 Certificate of Completion cc: Transylvania County Planning Grey Hauser, NCDEMLR David McHenry, NC Wildlife Resources Commission USACE Asheville Regulatory Field Office WBSCP Unit — Central Office File Copy S \SWP\ Transylvania \401sWon- DOT\SherwoodForestHOA TroutLake\SherwoodForestHOA TroutLake Appvl 121065 12 -5 -2012 doc Amount Approved (Units) I Plan Location or Reference Waters 0.275 (acres) temporary Additional conditions 1. Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213..0200. Appropriate sediment and erosion control practices must be used to meet this standard. 2. Notification of Construction 72 hours prior to beginning construction, Kevin Barnett shall be notified at 828 - 296 -4657. 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 Kevin Barnett in the Asheville Regional Office at (828) 296 -4657. Sincerely, /J for Charles Wakild, P.E., Director CW/khb Eric: GC3883 Certificate of Completion cc: Transylvania County Planning Grey Hauser, NCDEMLR David McHenry, NC Wildlife Resources Commission USACE Asheville Regulatory Field Office WBSCP Unit — Central Office File Copy S \SWP\ Transylvania \401sWon- DOT\SherwoodForestHOA TroutLake\SherwoodForestHOA TroutLake Appvl 121065 12 -5 -2012 doc