20160418 Ver 1_Approval Letter_20161215

NIC
WaterResources
ENVIRONMENTAL QUALITY
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7 d
December 15, 2016
PAT MCCRORY
a'.."
DONALD R. VAN DER VAART
Secre(ary
S. JAY ZIMMERMAN
Dimmor
DWR # 16-1061
Jackson County
Fairway Hamlets Property Owners Association
Attn: De Wayne Mills
80 St. Andrews Drive
Sapphire, NC 28774
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Fairway Hamlets Pond Dredging
Dear Mr. Mills:
You have our approval for the impacts listedbelowfor the purpose described in your
application dated October 27, 2016, and received by the Division of Water Resources (Division)
on November 2, 2016 with additional information received via email on December 5, 2016.
These impacts are covered by the attached Water Quality General Certification Numbers 3888
& 3883 and the additional conditions listed below. This certification is associated with the use
of Nationwide Permit Numbers 3 & 16 once it is 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, Water Supply Watershed, and Trout Buffer regulations.
This approval requires you to 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 and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
SMteofNO C=m a I Euviromueutat QuCl J Wates Resowms
2090 U.S. Hvry. 70 1 5—oa, Noa Carolina 28978
8282969500

ralway Hamlets Pond Dredging
DWgp 16-1061
401 Approval
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Open Waters
Impact 01
0.06 Dredging
Impact 02
0.008. Diversion Channel
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/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 Certification(s) and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]
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 chemicalspill, the permitee/contractor shall immediately contact the
Division of Water Quality, 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 [phone].
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 02B.0200 (3)(9, and GS 143 Article 21A]
4. Fueling, lubrication and general equipment maintenance should not take place within
50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A
NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]
5. 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
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 02H .0507 (c) and 15A NCAC
02H .0506 (b)(2) and (c)(2)]
6. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) comment letter dated November 14, 2016
(attached) to the maximum extent practicable. [15A NCAC 02H .0506(6)(2)]

I
Fairway Hamlets Pond Dredging
DW" 16-1061
401Approval
Page 3 of 4
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can. be contested as provided in Articles 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 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 [phone] 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:OOam and S:OOpm, excluding official
state holidays).
The petition may be faxed to the OAH at [phone], 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 toDENR:
Sam M. Hayes, General Counsel
Department of Environmental quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Fairway Hamlets Pond Dredging
DWR# 16-1061
401 Approval
Page 4 of 4
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 Tim Fox at 828-296-4664 or
xim.fox(uncdenr.gov if you have any questions or concerns.
Sincerely,
/a,E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3888&3883
Certificate of Completion
NCWRC Letter dated November 14, 2016
cc: Clement Riddle — ClearWater Environmental Consultants, Inc. (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie —NCWRC (via email)
Stan Aiken — Division of Energy, Mineral, and Land Resources (via email)
Steve Beasley — Jackson County Erosion Control (via email)
DWR ARO 401 files
DWR 401 and Buffer Permitting Unit (via email)
6:\WR\WQ\Jackson\401s\Non-DOT\Fairway Hamlets Pond Dredging\APRVL.40lFaimayHamle1,P.ndD,edgingl2-13-2016.doc