20090029 Ver 1_Approval Letter_20090305

ELVOYWIF
'i-? A
NC®EINR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Indian Lake Club
Frank Campbell
PO Box 371, Slick Fisher Rd.
Lake Toxaway, NC 28747
March 5, 2009
Subject Property: Indian Lake Underdrain Repair and Dredging
Indian Creek Sav02 4-5-(3)
Indian Lake Sav02 4-5-(1)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Campbell:
DWQ Project # 09-0029
Transylvania County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.01 acres of wetlands, 0.07 acres of open water, and 40 feet of streams for the
purpose of lake under drain repair and dredging at the subject property, as described within your
application dated January 6, 2009 and received by the N.C. Division of Water Quality (DWQ) on January
9, 2009. After reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3687 (GC3687), 3688 (GC 3688). The Certification(s) allows you
to use Nationwide Permit(s) 3 and 33 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 dam safety 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 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 or site specific conditions listed below.
The Additional and Site Specific Conditions of the Certifications 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:
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterouality.orq
An Equal Opportunity '. Affirmative Action ErnOoyer
One
NorthCaro]ina
Natu,rally
Indian Lake Club
Page 2 of'4
March 5, 2009
Amount Approved (Units) Plan Location or Reference
Stream 40 (feet) S l T
404/CAMA Wetlands 0.01 (acres) W I T
Waters 0.07 (acres) O1 T
2. Lake Drawdown
Such that this project will be required to comply with 15A NCAC 02H.0506, the drawdown of the
lake shall utilize a surface withdrawal in order to not discharge entrapped sediments to the receiving stream.
The withdrawal fixture shall be suspended at or near the surface with floats and shall be monitored such that
the water level is reduced no more than one vertical foot per day (in accordance with Darn Safety
Guidelines). The withdrawal will be discontinued as soon as the discharge water reaches the entrapped
sediments such that turbid water is not discharged from impoundment.
Instream Sediment Monitoring Plan
a. Physical Monitoring of the stream below the dam for sediment impacts shall be accomplished
prior to any work performed; specifically, the draining of the lake. Physical Monitoring of the
stream shall be accomplished by evaluation of the strearnbed for approximately 1,000 linear
feet below the dam at a minimum of four stations. Stations are to be delineated on a USGS
Topographic map. Evaluation at the four stations must include channel cross-sections, photo
documentation and installation of instream gauged measuring devices (e.g indexed rebar or
other material). A Physical Monitoring (Prior to Work) Report must be sent to the Division of
Water Quality Asheville Regional Office.
b. Stations shall be inspected visually by or under the direction of the Responsible Party or Agent
at least once every seven calendar days and within 24 hours after any storm event of greater
than 0.5 inches of rain per 24-hour period.
c. If stream impacts are determined to have occurred, all work shall immediately cease and
actions must be taken immediately to prevent further stream impacts. The Responsible Party or
Agent shall notify Division of Water Quality Asheville Regional Office (828-296-4500) within
24 hours of first knowledge of these impacts or first business day thereafter.
d. Upon completion of work, a final evaluation of all stations shall be performed. Evaluation shall
include channel cross-sections and photo documentation. A Physical Monitoring (Post Work)
Report must be sent to Division of Water Quality Asheville Regional Office within thirty days
of completion of work.
No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas below
the dam or beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
activities shall be performed such that no violations of state water quality standards, statutes, or
rules occur.
Turbidity Standard
The turbidity standard of 10 NTUs (Neplielornetric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 26..0200. Appropriate sediment and erosion control practices must be
used to meet this standard. Continuous reading and recording turbid i-meters shall be installed
below the dam. Should the 10 NTU limit be exceeded, all work shall immediately cease, the
Asheville Regional Office of the Division of Water Quality shall be contacted by phone at 828-
296-4500 and appropriate measures shall be implemented prior to returning to work.
Indian Lake Club
Page 3 of 4
March 5, 2009
Work in the Dry-Water Release Work
Your letter to Army Corps of Engineers dated January 7, 2009 submitted with your application
states that "Additional information on the method to be used to capture the inflow and route it
around the bottom drain will be provided after draining." Prior to beginning repair work you
must submit the method you plan to implement in order to work in the dry without impacts
downstream of lake to the Division of Water Quality Asheville Regional Office for approval.
Water Release Structure
The minimum water release plan for the proposed dam must be approved in writing by this Office
before the approved impacts may occur The plan must include a written explanation of them
specific discharge rate and mechanism to provide for each required release The plan must also
include any design specifications details and calculations to show that the release shall be achieved
in the given conditions The plan shall also include monitoring that ensures compliance The plan
and any associated facilities once approved must be in place and implemented upon the
completion ofthe dam. The impoundment discharge should be monitored to ensure thermal
impacts to waters will not exceed the temperature standard for mountain streams Unless otherwise
stipulated by the Division of Water Quality discharge water temperatures should be routinely
monitored and compared to inflow water temperatures to ensure compliance
8. Filling Lakes
When filling in-line lakes, residual flow in the streams below the dams must be maintained to
protect aquatic life. This can be accomplished by partially opening the gate valve during the
filling process. However, turbid water should not be discharged. Until the water in the lake is
clear, flexible pipe should be used to maintain any stream flow, if applicable, around the lake.
9. "Re-opener" Clause
Indian Lake Club 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. Indian Lake Club shall require its contractors (and/or agents) to comply with all of the terms
of thisCertification, 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 2H.0507(d). Before
modifying the certification, DWQ shall notify Indian Lake Club 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 Indian Lake Club in writing, and 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.
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.
Indian Lake Club
Page 4 of 4
March 5, 2009
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,
,A,i Coleen H. Sullins, Director
CHS/lsw
Enclosures: GC 3687,3688
Certificate of Completion
cc: Wetlands Unit
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Fish and Wildlife Assoc.
Pam Boaze
PO Box 241, 25 Water Tower Lane
Whittier, NC 28789
Pinnacle Engineers
JC Bumgarner
84 Weaverville Rd. Ste. 4
Asheville, NC 28804
Filename: G:\WPDATAOFMWQ\Transylvania\401s\09-0029APPROVAL.doc