20081343 Ver 1_Approval Letter_20081015

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 15, 2008
Cadence Point, LLC
PO Box 387
10 South Broad St., Ste
Brevard NC 28712
Subject Property:
Cadence Point
Nicholson Creek and Norton Creek (Tucker Crk)
Approval of 401 Water Quality Certification
Dear Mr. Bayne:
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project # 08-1343
Transylvania County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 20 feet of streams for the purpose of utility crossings at the subject property,
as described within your application dated August 22, 2008 and received by the N.C. Division of Water
Quality (DWQ) on September 2, 2008. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3699 (GC3699). The
Certification(s) allows you to use Nationwide Permit(s) 12 when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non-discharge, and Stormwater regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. 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 fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream 10 (feet) Nicholson Creek #1
Stream 10 (feet) Norton Creek #2
N r hCarolina
Awma!!y
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: www..ncwaterquality.org FAX [phone]
G:\WPDATA\DEMWQ\Transylvania\401 s\08-1343CadencePointAPPROVAL.doc
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Cadence Point, LLC
Page 2 of 2
October 15, 2008
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The 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 404 or CAMA Permit.
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 the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Ian McMillan or Cyndi Karoly in the Central Office in
Raleigh at 919-733-1786 or Linda Wiggs in the DWQ Asheville Regional Office at 828-296-4500.
Sincerely,
?Or A{
i.. i / C r? Gc t ?Z'r i^ Y
Coleen H. Sullins, Director
Enclosures: GC 3699
Certificate of Completion
cc: 401 /Wetlands Unit
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
John Coxey
53 Fox Chase Rd West
Asheville, NC 28804