20151027 Ver 1_Approval Letter_20131110

S
Pat McCrory
Governor
North Carolina Department of Environmental Quality
Dear Mr. Matthews:
You have our approval for the impacts listed below for the purpose described in your application dated July
30, 2015, and received by the Division of Water Resources (Division) on October 2, 2015, with subsequent
information on October 29, 2015. These impacts are covered by the attached Water Quality General
Certification Number 3883 and the additional conditions listed below. This certification is associated with the
use of Nationwide Permit Number 3 once`it is issued to you by the U.S Army Corps of Engineers. Please note
that you should get any other federal, stateor local permits before 'proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non- Discharge, Water Supply Watershed,
and Trout Buffer regulations. -
This approval requires ywto follow the conditions listed in the enclosed certification (s) or general permit and
the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific an.d general
conditions of the Certification, General Permit and /or Buffer Rules 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 Water
Impact 01
0.85 (acres)
Division of Water Resources — Asheville Regional Office
2090 US Hwy 70, Swannanoa, NC 28778
Phone: 828 - 296 -4500 \ FAX: 828 - 299 -7043
Internet: http: / /Portal.ncdenr.org /web /wq /ws
An Equal Opportunity\ Affirmative Action Employer

Lake Tomahawk Dredging
DWR# 15 -1027
401 APPROVAL `
Page 2 of 3
2. - This approval is for the purpose and design described in your application and additional information
provided. The plans and specifications for this project are incorporated by reference as part of the
Certification /Authorization. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is sold, the new
owner must be given a copy of this approval letter and General Certifications) and is responsible for
complying with all conditions. [15A NCAC 02H .0507(d)(2)]
3. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and
maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or
other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the
permitee /contractor shall immediately contact the Division, between the hours of 8 am, to 5 pm: at the.
Asheville Regional Office at 828.296.4500 and after hours and on weekends call (800) 858 -0368.
Management of such spills shall comply with provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act.. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 021 .0200 (3)(f),
and GS 143 Article 21A]
4. All temporary impacted areas shall be restored to pre- construction natural conditions upon completion
of the project. Native vegetation shall be used for bank stabilization. [15A NCAC 02H'.0506 (b)(2) and
5. The turbidity standard of 25 Nephelometric Turbidity Units (NTUs) shall not be exceeded in the lake as
described in 15A NCAC 02B .0211.'The turbidity standard of 50 NTUs shall not be exceeded in the
receiving stream as described in 15A NCAC 02B 0211. Appropriate sediment and erosion control
practices must be used to meet this standard. [15A NCAC 02B .0200]
6. The receiving stream (Tomahawk Branch) shall be monitored for turbidity and sedimentation while the
dam valve is open and throughout the duration of the project. If water quality standards are
contraven.ed,,the valve shall be closed immediately and the applicant_ shall contact Zan Price with the
Division at 828 - 296 -4662. [15A NCAC 026.0200]
`E
7. Follow the recommendations outlined in the September 11, 2015 letter from the North Carolina.
Wildlife, Resource Agency.
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 3 and 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 r
sixty (60) calendar days:
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 original and one (1) copy along with
any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday
between 8:00am and 5:00pm, excluding official state holidays),

1
Lake Tomahawk Dredging
DWR# 15 -1027
401 APPROVAL
Page 3 of 3
The petition may be faxed to the OAH at-(919) 431 -3100, provided the original and one copy of the petition__ - -
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the.
faxed transmission. -_
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711.New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Sam M. Hayes, ;General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center I
f
Raleigh; NC 27699 -1601 i
{
This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A
NCAC 02H .0500. Please contact Zan Price at 828- 296 - 4662 or.zan.price @ncdenr.gov if you have any i L
f
questions or concerns.
Sincerely, d
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
i
1
Enclosures: GC 3883
Certificate of Completion
cc: Jesse Gardner — Civil Design Concepts, P.A. (via email) y
Tasha Alexander — USACE Asheville Regulatory Field Office (via email)
Stan Aiken - Division of Energy, Mineral, and Land Resources (via email)
Andrea Leslie — NCWRC (via email)
DWR ARO.401 files
DWR 401 and Buffer Permitting Unit A
G: \WR \WQ\ Buncombe \401s \Non - DOT \Lake. TomahawkDredging 2015\ APRVL .401LakeTomahawkDredging.doc