20060385 Ver 1_Denial Letter_20060830 (4)

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August 30, 2006
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
DWQ#: 06-0385
Transylvania County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Robert Johnson
Fletcher Management Company
1548 The Greens Way
Suite 4
Jacksonville, FL 32250
Subject: Denial of Request for 401 Water Quality Certification
Forge Lake (formerly Osborne Lake)
Sutton Creek Road, Transylvania County
Dear Mr. Johnson:
Your application for a Water Quality Certification under Section 401 of the Federal Clean Water Act was
received on March 8, 2006 and a modified application received June 15, 2006, with more information
received by the DWQ on June 15, 2006 and July 14, 2006. The activity for which the Certification is
requested is to allow fill of 125 linear feet of streams for the construction of a dam and the impoundment
of 4,220 of streams. A Water Quality Certification represents a determination by the Division that the
activity, for which the federal permit or license is being required, is not expected to result in a violation
of state water quality standards for Waters of the State.
Based on correspondence from the Environmental Protection Agency (dated August 3, 2006), the US
Fish and Wildlife Service (dated July 27, 2006), the NC Wildlife Resources Commission (dated July 31,
2006), and the Division of Water Qualities Environmental Sciences Branch (dated August 10, 2006), the
application does not contain substantive information to support Forge Cove, LLC's claim that the
existing brook-trout population will not be impacted. Additionally, the above referenced correspondence
indicates that the proposed impoundment will have a negative impact on this existing population.
As provided by 15A NCAC 2H .0506, our review must determine whether a proposed project will
remove or degrade the existing uses of a stream within the project boundary. In accordance with these
rules, the Division has determined that the placement of fill into, water impounded on, the above-
referenced streams will degrade or totally removed existing cold water trout use and is therefore not an
approvable project under 15A NCAC 2H .0506. This conclusion is based on our determination that you
have failed to demonstrate sufficient purpose and need for this fill.
Therefore, I am hereby notifying you that in accordance with 15A NCAC 2H .0507(e), your application
for a 401 Water Quality Certification is hereby denied.
Nose Carolina
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North Carolina Division of Water Quality 225 Green Street - Suite 714 Fayetteville, NC 28301-5043 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Forge Lake (formerly Osborne Lake)
' Page 2 of 2
August 30, 2006
If you wish to appeal this decision, you have the right to an adjudicatory hearing upon written request
within sixty (60) days of your receipt of this denial. 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This denial is final and binding unless you ask for
a hearing.
Should you have information that you believe may alter our decision, we are available to discuss this
matter further. Please direct such information, or questions regarding this denial, to Mr. Kevin Barnett at
828-296-4657 or Ms. Cyndi Karoly at 919-733-9721.
Sincerely,
M?(altlu-"k
Alan W. Klimek, P.E.
AWK/khb
cc: Kevin Barnett, DWQ Asheville Regional Office
David Baker, US Army Corps of Engineers, Asheville Field Office
Ken Jolly, US Army Corps of Engineers, Wilmington District Office
Jennifer Robertson, Wetlands and Natural Resources, Inc.
Post Office Box 882
Canton, NC 28716
Daniel H. Sherman IV, Epstein, Becker, & Green, P.C.
945 East Paces Ferry Road
Suite 5700
Atlanta, GA 30326-1380
Rebecca Fox, US Environmental Protection Agency - Region IV
File copy
Central files
File Name: 06-0385.ForgeCove.Denial