20070793 Ver 1_Approval Letter_20070619

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NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
June 19, 2007
APPROVAL OF 401Water Quality Certification
with ADDITIONAL CONDITIONS
Mr. Robert A. Cohen, President
Eldorado Development Corporation
P.O. Box 545
Norwood, NC 28128
William G. Ross, Jr., Secretary
Coleen H. Sullins, Director
Division of Water Quality
Montgomery County
DWQ Project 07-0793
Subject Property: Swift Island Plantation, off Lilley's Bridge Road
Waters of Lake Tillery adjacent to lots 1-4
Near Mt. Gilead, Montgomery County
Lake Tillery (030708, 13-(1), WS IV, B, CA)
Dear Mr. Cohen:
You have our approval, in accordance with the attached conditions and those listed
below, to dredge in 0.26 acre (11,431 square feet) of Lake Tillery for the purpose of
removing accumulated sediments from the lake floor adjacent to lots 1, 2, 3, and 4 in the
Swift Island Plantation, located near Mt. Gilead, as described in your application dated
May 5, 2007. After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 3639, which may be viewed on our
website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use
Regional Permit Number 198200030 as issued by the US Army Corps of Engineers. In
addition, you should get any other federal, state or local permits before you go ahead
with your project including (but not limited to) Sediment and Erosion Control, Non-
Discharge and Water Supply Watershed regulations. This approval will expire when
the accompanying 404 permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your
application except as modified below. If you change your project, you must notify us
and you may be required to send us a new application. If the property is sold, the new
owner must be given a copy of this Certification and approval letter and is thereby
responsible for complying with all conditions. If total wetland fills for this project (now
or in the future) exceed one acre, compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) (6) and (7).
Fayetteville Regional Office
225 Green Street -Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone]FAX: [phone]nternet: www.enr.state.nc.us/ENR
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

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Mr. Robert A. Cohen
June 19, 2007
Page 2
For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below.
Conditions of Certification:
1. Upon completion of this project, the applicant shall complete and return the
enclosed "Certification of Completion" form to notify DWQ that all the work
included in the 401 Certification has been completed. The completed form shall
be returned to the 401/Wetlands Unit of the Division of Water Quality.
2. No wastes, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre-
construction Notice Application. All construction activities, including the
design, installation, operation, and maintenance of sediment and erosion control
Best Management Practices, shall be performed so that no violations of State
water quality standards, statutes, or rules occur.
3. Timing of the dredging must comply with NC Wildlife moratoriums and
conditions.
4. This work must be approved by the appropriate lake management authority, in
this case, Progress Energy.
5. Equipment and materials may be offloaded to the beach at the work site but
steps must be taken to keep all equipment out of the reservoir to the maximum
practical extent. Should servicing of equipment be necessary, such work is to be
done in a manner and location as to prevent the discharge of oil, hydraulic fluid,
etc. into surface waters or ground waters.
6. Spoil material removed as a result of this dredging operation must be disposed
of in an upland location. Appropriate measures must be taken to comply with
turbidity standards in the lake (50 NTU) at all times during the course of the
excavation.
7. Eldorado Development Company and its authorized agents shall conduct its
activities in a manner consistent with State water quality standards (including any
requirements resulting from compliance with section 303(d) of the Clean Water
Act) and any other appropriate requirements of State law and federal law. Eldorado
Development Co. shall require its contractors (and/or agents) to comply with all of
the terms of this Certification, and shall provide each of its contractors (and/or
agents) a copy of this Certification. A copy of this Certification shall be included in
the construction contract and available on the job site at all times. If DWQ
determines that such standards or laws are not being met (including the
failure to sustain a designated or achieved use) or that State or federal law is being
violated, or that further conditions are necessary to assure compliance, DWQ may
reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC

Mr. Robert Cohen
June 19, 2007
Page 3
2H.0507(d). Before modifying the certification, DWQ shall notify Eldorado
Development Company and the US Army Corps of Engineers, provide public
notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public
hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions
shall be provided to Eldorado Development Company in writing, shall be provided
to the United States Army Corps of Engineers for reference in any permit
issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the project.
Violation of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. This Certification shall become null
and void unless the above conditions are made conditions of the Federal 404 Permit.
If you do not accept any of the conditions of this certification, 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
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 the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly at 919-
733-9721 or Ken Averitte of the Fayetteville Regional Office at 910-433-3303.
Sincerely,
' Coleen H. Sullins
CHS/KA/ka
Attachments
cc: Corps of Engineers Wilmington Field Office -Emily Burton
Fayetteville Regional Office, DWQ
Ian McMillan, 401/Wetlands Unit
Central Files
Swiftislandplantation.070793.doc