20150936 Ver 1_Approval Letter_20150915

AN ,
North Carolina Department of Environment and Natural Resources' `
Pat McCrory Donald R. van der Vaarl
Governor Secretary
September 15, 2015
DW R p 15 -0936
- Transylvania County
Deerlake Village Community Association PDA
Attn: Ken. Kolb and Jack Baldridge.
PO Box 2186 _
Brevard, NC 28712.
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Deerlake Maintenance Dredging
Dear Mr. Kolb and Mr. Baldridge:
You have our approval for the impacts listed below for the purpose described in your
application dated August 7, 2015, received by the Division of Water Resources (Division)
September, 10, 2015. These impacts are covered by the attached Water Quality General
Certification Numbers 3883 & 3888 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Numbers 3 & 16 once they are issued to you by
the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or
local permits before proceeding with your project, including those required by (but not limited
to) Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification (a) or
general . permit and the following additional conditions:
1. The following impacts are hereby . approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts. (15A NCAC 02H .0506(b) and /or (c)]
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
.Open Waters
0.02 acres
Division of Water Resources — Asheville Regional Dfice
2090 US Hwy 70, Swannanoa, North Carolina ZIP
Phone: 828 - 296-45001 FAX: [phone].
Internet: wum.ncwaterquality.org
M Equal opponanity l PXlrmative Apdon Emp"r —Mad, In part by reoyeled paper

Deerlake Village Community Association
DWR #15 -0936
403 Approval
Page 2 of
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2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification.
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If you change your project, you must notify the Division and you may be required to
submit anew application package with the appropriate fee. If the property is sold, the
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- new owner must be given a copy of this approval letter and General
- Certification(s) /Permit /Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3.. The permitee shall require its contractors and /or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
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provide each of its contractors and /or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this Certification,
including all conditions shall be available at the project site during the construction and
- maintenance of this project_ [15A NCAC 0211 .0507 (c) and 15A NCAC 02H .0506 (b)(2)
_
]
-
and (c)(2)T
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4. The proposed project must comply with the recommendations stated in
- the North Carolina Wildlife Resources Commission (NCWRC) comment - -
- letter dated September 3, 2015 (attached).
This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.51
This Certification can be contested as provided in Articles 3and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty calendar days.
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A petition form may be obtained from the OAH at http`. / /www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the
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original and one (1) copy along with any applicable OAH filing feeds received in the OAH during
normal office hours (Monday through Friday between 8:00am and5:00pm, excluding official
state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
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the petition along with any applicable OAH filing fee is received by the OAH within five (5)
-
businessdaysfollowingthefaxedtransmission.
a,

Mailing address for the OAH:
If sending via US Postal service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Deerlake Village Community Association
DWR# 15 -0936
401 Approval
Page 3 of 3
Ifsending via deliveryservice (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Tim Fox at 828 - 296 -4664 or tim.fox([e-mail] if you have any questions or
concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3883 & 3888
Certification of Completion
NCWRC letter dated September 3, 2015
eci David Brown- USACE Asheville Regulatory Field Office
Andrea Leslie — NCWRC
Melissa King —DEMLR
cc: DWR ARO 401 file
DWR 401 & Buffer permitting Unit file
G:\WR\WQ\Transylvania\401s\Non-DOT\Deer Lake Maintenance Dredging\ APRVL. 4010eerLakeDredging9- 15- 15.docx

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