20090349 Ver 1_Approval Letter_20090513

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North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
May 13, 2009
Dennis Fullenkamp and Dale I-Iafele
3443 Hancock Bridge Pkwy 11301
N. Fort Myers, FL 33903
Subject: 401 Water Quality Certification - Approval
Cranberry Creek Estates
DWQ Project # 09-0346
Avery County
Watauga Basin / UTs to Blevin Crk, Miller Br, Curtis Crk
Dear Messrs:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 0.03 acres of wetlands and 240 feet of
streams for the purpose of residential development at the subject property. This approval requires you to
follow the conditions listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3705. This Certification allows
you to use Nationwide Permit 29 when issued by the US Army Corps of Engineers (USACE). 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 corresponding USACE Permit Verification.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits before
you proceed with your project including (but not limited to) Erosion and Sediment Control and Stormwater
regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncvvaterquality org
An Egi,ai Upportunily 1 Affirmative Adios Employer
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Cranberry Crk Estates
May 13, 2009
Page 2 of 2
Impacts Approved
The impacts listed below are hereby approved as long as all of the other specific and general conditions
of this Certification are met. No other impacts are approved including incidental impacts.
Amount Approved (Units) Plan Location or Reference
Stream 240 (feet) Impact Map (March 20,
2009 and amended April
10, 2009)
Wetlands 0.03 (acres) Impact Map (March 20,
2009 and amended April
10, 2009)
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
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 your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Linda Wiggs in the Asheville Regional Office at
828-296-4500.
Sincerely,
Coleen H. Sullins, Director
CHS/Isw
Eric: GC3705
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit - Central Office
File Copy
ENV Consulting Services
John Vilas
3764 Rominger Rd.
Banner Elk, NC 28604
G:\W PDATA\DEM WQ\Avery\401 s\CranberryEstate09-0346Approval.doc