20060385 Ver 1_USACE Correpsondence_20060914

DEPARTMENT OF THE ARMY - O 3 S
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO
ATTENTION OF:
September 6, 2006
Regulatory Division
Action ID. 200630708
Mr. Robert Johnson
Forge Cove, LLC
1548 The Greens Way, Suite 4
Jacksonville, Florida 32250
Dear Mr. Johnson:
WETIANu6 k4o STORMWA't1R BRANCH
By copy of the North Carolina Department of Environment and Natural Resources letter to
you dated August 30, 2006, we were informed that your Section 401 Water Quality Certification
request to construct a lake on Osborne Branch within Forge Cove Subdivision off of Sutton Creek
Road near Pisgah Forest in Transylvania County, North Carolina, has been denied. Under the
administrative rules of our regulatory program, denial of required Section 401 Water Quality
Certification precludes favorable consideration of a Federal permit. Accordingly, your Department
of the Army application is hereby denied without prejudice, and your file has been retired.
Additionally, we received unfavorable comments from Federal and State review agencies
(copies previously furnished to your authorized agent-WNR). Their reaction to your proposal is
based upon anticipated significant adverse impacts to the aquatic environment. We provided these
agencies' comments to alert you to concerns in addition to those identified in the State's denial letter.
While appealing the referenced certification is the next step in pursuing State authorization, you
should be aware that Federal and State agency comments will be unchanged by the outcome of that
appeal. Because of the resource agencies' influence on Department of the Army permit decisions, it
is unlikely a Department of the Army permit would be available unless your project can be modified
to eliminate or significantly lessen its impacts to waters of the United States.
David Baker of my staff is available to answer any questions you may have or to assist you in
developing a revised plan. Mr. Baker may be reached at telephone [phone], extension 225.
Sincerely,
I
Tom Walker
Chief
Asheville Regulatory Field Office
2
CF:
Mr. Ronald Mikulak, Chief
Environmental Protection Agency
Water Management Division
Wetlands Protection Section - Region IV
61 Forsyth Street, SW
Atlanta, Georgia 30303
Ms. Cyndi Karoly
NCDENR Division of Water Quality
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Mr. Stanford E. Davis
Tennessee Valley Authority
400 West Summit Hill Drive, WT 9B
Knoxville, Tennessee 37902
Ms. Jennifer Robertson
Wetland and Natural Resources, Inc.
Post Office Box 882
Canton, North Carolina 28716
Mr. David McHenry
NC Wildlife Resources Commission
20830 Great Smoky Mountains Expressway
Waynesville, North Carolina 28786
Mr. Brian Cole
US Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801