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Home My WebLink About20140770 Ver 1_Approval Letter_201507204 &4 C®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 20, 2015 Adam King Harley Enterprises, LLC 1249 Hendersonville Road Asheville, NC 28803 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Beaverdam Road Dear Mr. King: Donald R. van der Vaart Secretary DWR # 14 -0770 Haywood County You have our approval for the impacts listed below for the purpose described in your application dated June 28, 2014, and received by the Division of Water Resources (Division) on July 23, 2014 and additional information received on October 10, 2014, February 10, 2015, and April 27, 2015. These impacts are covered by-the attached Water Quality General Certification Number 3890 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and /or Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and /or (c)] Type of Impact Amount Approved (units) Amount Approved (units) Permanent Temporary Stream Impact S1 70 ft. 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification /Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee Division of Water Resources — Asheville Regional Office 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828 - 296 -4500 \ FAX: 828 - 299 -7043 Internet: http://portal ncdenr.org /web /wq /ws An Equal Opportunity\ Affirmative Action Employer Beaverdam Road DWR# 14 -0770 401 APPROVAL Page 2 of 4 If the property is sold, the new owner must be given a copy of this approval letter and General Certification(s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] The Division approves Phase 1 of this project as a low density development because the site plan and additional information provided depicts an impervious surface area of under 24% and a stormwater drainage system that consists primarily of vegetated conveyances. The following conditions also apply [15A NCAC 02H .0506(b)(5)]: 0 A deed restriction shall be placed on the tract in order to limit the amount of impervious surface area to less than 24 %. This document shall be filed with the Register of Deeds, Haywood County, North Carolina. [15A NCAC 02H .0506(b)(5)] • This tract shall be held, transferred, sold, conveyed, developed and occupied subject to the requirement that upon development of this tract, the then owner shall develop a stormwater management plan approved by the Division if the total impervious area resulting from development of the Property is 24% or more of the total area of the Property. [15A NCAC 02H .0506(b)(5)] • This restriction contained herein shall be binding upon the owner's successors and assigns, and shall be perpetual and run with the land until released or amended by a release or amendment approved by the Division. [15A NCAC 02H .0506(b)(5)] • If a compliance inspection reveals an impervious surface area of 24% or greater, then you will be in violation of this Condition and required to comply with the requirements of General Certification 3890. [15A NCAC 02H .0506(b)(5)]- 4. If any erosion problems are observed in the surface waters downslope of the stormwater discharge points, then you shall immediately repairand correct the problem and prevent further damage and sediment discharge to the receiving surface waters. Please be aware that these repairs may require you to obtain a 404 Permit from the Corps and a 401 Certification from the Division. [15A NCAC 02H .0506(b)(5)] S. A final, written stormwater management plan for each future phase shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699 - 1617). The stormwater management plan shall be designed to treat the runoff from the entire built upon area in the phase in accordance with the version of the 401 Stormwater Requirements and BMP Manual on the place of the date of the submittal. The stormwater management plan shall be approved by the Division before any land disturbance associated with that phase may occur. Before any future permanent building, the corresponding stormwater management plan as approved by the Division shall constructed and operational. [15A NCAC 02H .0506(b)(5)] 6. The Low density stormwater measures shall be constructed and maintained as per the swale system maintenance requirements dated January 30, 2015 (attached). This approval and its conditions are final and binding unless contested. [G.S.143- 215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable Beaverdam Road DWR# 14 -0770 401 APPROVAL Page 3 of 4 OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 One (1) copy of the petition must also be served to DENR: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 15A NCAC 02H .0500. Please contact Tim Fox at 828 - 296 -4664 or tim.fox Pncdenr.Rov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3890 Certificate of Completion Beaverdam Road DWR# 14 -0770 401 APPROVAL Page 4 of 4 cc: Wanda Austin — wandajoyceaustin @gmail.com -(via email) Boyd Devane — DWR (via email) David Brown — USACE Asheville Regulatory Field Office (via email) Andrea Leslie — NCWRC (via email) Fred Walker - Division of Energy, Mineral, and Land Resources (via email) DWR ARO 401 files DWR-401 and Buffer Permitting Unit G: \WR \WQ \Haywood \401s \Non- DOT\Beaverdam Road\ APRVL .40lBeaverdamRoad7- 20- 15.doc r V. ' SWALE SYSTEM MAINTENANCE REQUIREMENTS Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches at any time, and grass will not be mowed too close to the ground or "scalped ". 2. Swales will be inspected monthly or after every runoff producing rainfall event for sediment build -up, erosion, and trash accumulation 3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded following sediment removal 4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a timely manner based on the monthly inspections Side slopes must be maintained at the permitted slope. S. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts, velocity reduction devices and piping 6. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Energy, Mineral and Land Resources. I acknowledge and agree by my signature below that I am responsible for the performance of the six maintenance procedures listed above. I agree to notify DEMLR of any problems with the system or prior to any changes to the system or responsible party. j L Print Name and Title- Address rL �r ►�'^,,t LH ('hrv�✓ (VVt o (A�4 ti(, z Phone. I-2g--' .31 Y- .boo Date. Signature. Note: The legally responsible party should not be a h meowners association unless more than 50% ojthe lots have been sold and a resident ojthe subdivision has been named the president 1. 1' ra' , a Notary Public for the State of VAA "�i, County of do hereby certify that � kg, A ��W day of S and acknowledge the due execution of the forgoing Swale a requimments. Witness nW haad� official seal, personaW appeared before the this _ Notary SEAL NoTApp MY COMMISSION EVIRES ti" - 1'7 p C_ J0(J9LiG ,. ) My cominission expires nv . a cm i r Form SW40 i -Low Density_'1%jj, V;W Paae 4 of 4