20121065 Ver 1_Approval Letter_20121206

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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. [phone]
Internet www newaterquallty org
An Equal Opportunity i Affirmative Action Emolover
One
NorthCarolina
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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