20080386 Ver 3_Approval Letter_20110510

A NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins
Governor Director
May 10, 2011
David Day, P.E.
Scenic View Terrace, LLC
6 Roberts Road
Asheville, North Carolina 28803
Subject: 401 Water Quality Certification - Approval
Scenic View Terrace
DWQ Project # 2008-0386 Ver. 3
Buncombe County
French Broad / UT to Lee Creek / 6-83 / Class C
Dear Mr. Day:
Dee Freeman
Secretary
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 270 feet of streams for the purpose of site
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 3821. This Certification allows
you to use Nationwide Permit 39 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.
Impacts Approved
The following impacts 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 270 (linear feet) S I
Stream 130 (linear acres) S2 - culvert removal
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally
Scenic View Terrace
May 10, 2011
Page 2 of 2
Additional Conditions:
1. You must notify this office (via telephone) 72 hours prior to beginning construction at this site.
2. Within 30 days of completion, you shall submit signed and sealed as-built plans for the finished
project.
3. You must take any and all reasonable measures to prevent the discharge of turbid waters to Lee
Creek.
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 Kevin Barnett in the Asheville Regional Office at
828-296-4657.
Sincerely,
Coleen H. Sullins, Director
CHS/khb
Enc: GC3821
Certificate of Completion
cc: Scott Jones, USACE Asheville Regulatory Field Office
David McHenry, NC Wildlife Resources Commission
401 Permitting Unit - Central Office
File Copy
S:\S WP\Buncombe\401 s\Non-DOT\ScenicViewTerrace\ScenicViewTerrace.20080386v3.approval. doc