HomeMy WebLinkAbout20210566 Ver 1_401 Application_20210526Staff Review Form
Updated September 4, 2020
Staff Review
Does this application have all the attachments needed to accept it into the review process?*
6* Yes r No
ID#* Version* 1
20210566
Is this project a public transportation project?*
r Yes
r No
Reviewer List:* Andrew Moore:eads\awmoore3
Select Reviewing Office:*
Asheville Regional Office - (828) 296-4500
Does this project require a request for payment to be sent?*
Yes
r
No
How much is
owed?*
r $240.00
r $570.00
Project Submittal Form
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type:*
✓ For the Record Only (Courtesy Copy)
✓ New Project
✓ Modification/New Project with Existing ID
✓ More Information Response
✓ Other Agency Comments
✓ Pre -Application Submittal
✓ Re-Issuance\Renewal Request
✓ Stream or Buffer Appeal
Pre -Filing Meeting Information
Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not
be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in
accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project
proponent shall request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section
121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was
submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read
more information on when this form is needed prior to application submission or here to view the form.
Attach documentation of Pre -Filing Meeting Request here:
END of 30 day Pre -filing 4.15.21.pdf
Date for Meeting Request 3/25/2021
ID# 20210566 Version 1
Project Contact Information
Name: Tyson Kurtz
who is submitting the inforrration?
Email Address: tyson@cwenv.com
Project Information
Existing ID #:
20210566
20170001 (no dashes)
Project Name: Echo Lake Maintenance
Is this a public transportation project?
r Yes
a No
81.38KB
Existing Version:
1
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Buncombe
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach docurrent
Echo Lake Maintenance NWP 3 & Ind. WQC
13.72MB
Application 05.26.2021 - Signed.pdf
Only pdf or krre files are accepted.
Describe the attachments
or comments:
Individual 401 WQC application. PCN was previously submitted to the Corps during the 30-day pre -filing
window.
Sign and Submit
P By checking the box and signing box below, I certify that:
• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to
the best of my knowledge and belief.
• I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
• I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
• I intend to electronically sign and submit the online form.
Signature:
Submittal Date: Is filled in automatically.
ClearWater Environmental Consultants, Inc.
www.cwenv.com
145 7th Avenue West, Suite B
Hendersonville, NC 28792
828-698-9800 Tel
May 26, 2021
Mr. Paul Wojoski
NC DWR, 401 Permitting & Buffer Unit
512 N. Salisbury Street, 9th Floor
Raleigh, North Carolina 27604
RE: Echo Lake Maintenance (+/- 30 Ac)
NC DWR No. 20210566 v1
Action ID: SAW SAW-2021-00601
Individual Water Quality Certification Application
Buncombe County, North Carolina
Dear Mr. Wojoski,
The attached Pre-Construction Notification (PCN) is being submitted on behalf of Echo Lake
Lakefront Property Owner’s Association, Inc. represented by Jim Reyer. The project site is located
in Buncombe County parcel 060780136300000, off of Echo Lake Circle in Fairview, North
Carolina. The POA is pursuing a Nationwide Permit 3 to authorize open water impacts associated
with construction of a permanent access road to the riser structure and a temporary work area to
repair the standpipe. A detailed construction narrative by Garner Engineering is included in
Appendix A.
Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the
attached application and supplemental information. A copy of this application was already
submitted to Ms. Andrea Leslie, NC Wildlife Resources Commission; Mrs. Amanda Fuemmeler,
US Army Corps of Engineers; Asheville Regulatory Field Office; and Mr. Byron Hamstead, US
Fish and Wildlife Service.
Sincerely,
Tyson Kurtz R. Clement Riddle, P.W.S.
Biologist Principal
Copy issued:
NCDEQ – Division of Water Resources (Asheville Regional Office) – Andrew Moore
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Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW- Begin Date (Date Received):
Prepare file folder Assign Action ID Number in ORM
1. Project Name [PCN Form A2a]:
2. Work Type: Private Institutional Government Commercial
3. Project Description / Purpose [PCN Form B3d and B3e]:
4. Property Owner / Applicant [PCN Form A3 or A4]:
5. Agent / Consultant [PNC Form A5 – or ORM Consultant ID Number]:
6. Related Action ID Number(s) [PCN Form B5b]:
7. Project Location – Coordinates, Street Address, and/or Location Description [PCN Form B1b]:
8. Project Location – Tax Parcel ID [PCN Form B1a]:
9. Project Location – County [PCN Form A2b]:
10. Project Location – Nearest Municipality or Town [PCN Form A2c]:
11. Project Information – Nearest Waterbody [PCN Form B2a]:
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:
Authorization: Section 10 Section 404 Section 10 and 404
Regulatory Action Type:
Pre-Application Request
Unauthorized Activity
Compliance
Standard Permit
Nationwide Permit #
Regional General Permit #
Jurisdictional Determination Request No Permit Required
Revised 20150602
Echo Lake Maintenance
✔
NWP 3 application on behalf of Echo Lake Lakefront Property Owners Association, Inc. for maintenance activities within Echo Lake
(+/- 9.5 acre lake) in Fairview, Buncombe County, NC. The purpose of the project is to dewater the lake to allow for construction of a
permanent access road to the stand pipe and for a temporary work area to repair the stand pipe.
Echo Lake Lakefront POA Inc. / Jim Reyer
ClearWater Environmental Consultants, Inc.
n/a
The project site is along the south side of Old Fort Road, in the middle of Echo lake Circle, in Fairview,
NC. (35.546089,-82.334987).
060780136300000
Buncombe
Fairview
Cane Creek (Echo Lake)
French Broad / 06010105
✔
✔
DocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
From:laserfiche@ncdenr.gov
To:Tyson Kurtz
Cc:andrew.w.moore@ncdenr.gov
Subject:Pre-Filing Meeting Request Acknowledgement - Echo Lake Maintenance - 20210566 Ver 1
Date:Tuesday, March 16, 2021 2:52:32 PM
Attachments:DWR Pre-Filing Meeting Request Form.pdf
The North Carolina Division of Water Resources has received the Pre-Filing Meeting Request Form for Echo Lake
Maintenance that you submitted on 3/15/2021. The ID number for that project is 20210566, Version 1.
Reviewer Contact Information:
Reviewer: Andrew Moore
Email: andrew.w.moore@ncdenr.gov
Reviewing Office: Asheville Regional Office - (828) 296-4500
You will either be contacted by staff to set up a meeting or notified by email that the 30 calendar day clock has
been reached and you are allowed to submit your application.
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as
responses are not monitored.
DocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
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Page 1 of 10
PCN Form – Version 1.4 January 2009
Office Use Only:
Corps action ID no. _____________
DWQ project no. _______________
Form Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? Yes No
1d. Type(s) of approval sought from the DWQ (check all that apply):
401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit
401 Water Quality Certification – Express Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
Yes No
For the record only for Corps Permit:
Yes No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in-lieu fee program.
Yes No
1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h
below. Yes No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No
2. Project Information
2a. Name of project:
2b. County:
2c. Nearest municipality / town:
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Echo Lake Maintenance
Buncombe
Fairview
n/a
n/a
Echo Lake Lakefront Property Owners Association, Inc.
1005/0182
Jim Reyer
37 Echo Lake Drive
Fairview, NC 28730
303-709-4716
n/a
jim@blrdigital.com
3
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4. Applicant Information (if different from owner)
4a. Applicant is: Agent Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
R. Clement Riddle
ClearWater Environmental Consultants, Inc.
145 7th Avenue W; Suite B
Hendersonville, NC 28792
828-698-9800
tyson@cwenv.com
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PCN Form – Version 1.4 January 2009
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees): Latitude: Longitude:
1c. Property size: acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
2b. Water Quality Classification of nearest receiving water:
2c. River basin:
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
3b. List the total estimated acreage of all existing wetlands on the property:
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project:
3e. Describe the overall project in detail, including the type of equipment to be used:
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Yes No Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? Preliminary Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? Yes No Unknown
5b. If yes, explain in detail according to “help file” instructions.
6. Future Project Plans
6a. Is this a phased project? Yes No
6b. If yes, explain.
060780136300000
-82.334987
30
Cane Creek
C; Tr
French Broad / 06010105
The lake parcel is surrounded by a residential POA. A grass lawn adjacent to the lake will be used for construction access to the lake. The adjacent
land use around Echo Lake is primarily sparse residential and forested land. Several commercial properties are within the greater vicinity of the project
site
0
To install a permanent access road to the stand pipe and repair the stand pipe above the riser base.
A detailed construction narrative for the project produced by Garner Engineering (March, 17, 2021) is included in Appendix A.
35.546089
1,400
Only open water impacts are proposed.
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PCN Form – Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
Wetlands Streams – tributaries Buffers Open Waters Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
W2
W3
W4
W5
W6
2g.Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1
S2
S3
S4
S5
S6
3h. Total stream and tributary impacts
3i. Comments:
Choose one
Choose one Yes/No -
Yes/No -
Yes/No -
Yes/No -
Yes/No -
Yes/No -
Choose one - -
-
-
-
-
-
-
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
-
-
-
-
-
-
Choose one
Choose one
Choose one
Choose one
Choose one
-
-
-
-
-
-
-
-
-
-
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4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary (T)
4b.
Name of waterbody
(if applicable
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
O1
O2
O3
O4
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
Flooded Filled Excavated Flooded Filled Excavated
P1
P2
5f.Total:
5g. Comments:
5h. Is a dam high hazard permit required? Yes No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.Project is in which protected basin? Neuse Tar-Pamlico Catawba Randleman Other:
6b.
Buffer Impact
number –
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1
B2
B3
B4
B5
B6
6h.Total Buffer Impacts:
6i. Comments:
Cane Creek (Echo Lake) Fill Lake 0.044
Cane Creek (Echo Lake)0.016
0.06
See Figure 4 for impact map and Appendix A for a narrative of the proposed impacts to the lake.
Choose one
Yes/No
P
T
-
-
Dredging
Choose one
Choose one
Lake
Choose
Choose
Choose one
-
-
-
-
-
-
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
)
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PCN Form – Version 1.4 January 2009
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If yes, mitigation is required by (check all that apply): DWQ Corps
2c. If yes, which mitigation option will be used for this
project?
Mitigation bank
Payment to in-lieu fee program
Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type:
Type:
Type:
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature:
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
The project calls for a 10 foot wide access road to be installed on the lake bed (12 foot wide footprint)to allow for easier access to the gate operating
equipment and trash rack maintenance areas. Without construction of the access road, temporary impacts may continue to occur to the lake bed
during routine maintenance. The work area for the riser repair will be contained to within 15 feet of the riser structure. The impacts areas are the
minimum area required to drive equipment down to the riser and make the necessary repairs. See the Appendix A for additional details of the design.
The lake will be dewatered before construction of the access road and stand pipe repair. De-watering will occur over a period of 20 days to promote
settling of suspended sediments. The gate valve will remain open to allow passage of surface water flows. A siphon may be used to provide additional
draw down, if needed. See Appendix A for details on the proposed construction techniques and how sediment mobilization will be minimized.
Choose one
Choose one
Choose one
Choose one
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6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? Yes No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f.Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
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PCN Form – Version 1.4 January 2009
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules? Yes No
1b. If yes, then is a diffuse flow plan included? If no, explain why.
Yes No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? %
2b. Does this project require a Stormwater Management Plan? Yes No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government’s jurisdiction is this project?
3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply):
Phase II
NSW
USMP
Water Supply Watershed
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached? Yes No
4. DWQ Stormwater Program Review
4a. Which of the following state-implemented stormwater management programs apply
(check all that apply):
Coastal counties
HQW
ORW
Session Law 2006-246
Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? Yes No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No
5b. Have all of the 401 Unit submittal requirements been met? Yes No
0
The project does not involve installation of impervious srufaces.
Buncombe
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PCN Form – Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land? Yes No
1b. If you answered “yes” to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
Yes No
1c. If you answered “yes” to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
Comments:
Yes No
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
Yes No
2b. Is this an after-the-fact permit application? Yes No
2c. If you answered “yes” to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality? Yes No
3b. If you answered “yes” to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered “no,” provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The project involves install of a permanent access road for maintenance and repair of the stand pipe in the lake. This project would not result in
additional development, which could impact downstream water quality.
Wastewater will not be generated by the proposed project.
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5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat? Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? Yes No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Applicant/Agent's Printed Name
_______________________________
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Date
-
See Additional Information following the PCN form.
NOAA's Essential Fish Habitat (EFH)Mapper. Accessed 3/18/2021 at https://www.habitat.noaa.gov/protection/efh/efhmapper/.
See Additional Information following the PCN form.
FEMA's National Flood Hazard Layer Viewer; FIRM Panel: 3710060600J (Eff.1/6/2010).See Figure 5.
R. Clement Riddle
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5/26/2021
PCN Form Additional Information
Section F.5d Endangered Species and Designated Critical Habitat – Sources
CEC consulted the FWS's "Northern Long-Eared Bat Consultation Areas" map for Buncombe County.
Buncombe County is not listed as having known occurrences of hibernation or maternity sites. Therefore;
the project satisfies the 4(d) rule and consultation for effects on the northern long-eared bat is not
required. A review of the NC Natural Heritage Program database on March 18, 2021 indicates no
documented occurrences of federally protected species occurring within a one-mile radius of the project
boundary. See Appendix B.
Section F.7b. Historic or Prehistoric Cultural Resources – Sources
The three nearest potential historic sites are between 1.5-2.5 miles from the project site and are not likely
to be within the viewshed of Echo Lake. The nearest potential historic sites are Site ID: BN0561: Ben
Nesbitt House (Status: SO); ID: BN0593: James Pinkerton House (Status: SO); and Site ID: BN0592: Alfred
Pinkerton House (Status: SO). Data gathered from NCHPO's HPOWEB 2.0 for General Audience. Accessed
3/18/2021.
DocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
Echo Lake Maintenance (+/- 30 AC)
Ü
0 2 41
MilesProject Boundary
145 7th Ave West, Suite BHendersonville, NC 28792
Vicinity MapFigure 1Buncombe County,North Carolina
Drawn by: TJK 3.15.21; CEC Project# 1180
Project Boundary
DocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
Echo Lake Maintenance (+/- 30 AC)
Ü
0 1,000 2,000500
FeetProject Boundary
145 7th Ave West, Suite BHendersonville, NC 28792
USGS Topographic MapQuad: Black MountainFigure 2
Buncombe County,North Carolina
Drawn by: TJK 3.15.21; CEC Project# 1180
Project Boundary
DocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
Echo Lake Maintenance (+/- 30 AC)
Ü
0 200 400100
FeetProject Boundary
145 7th Ave West, Suite BHendersonville, NC 28792
Aerial Im agery MapNCCGIA (2019)Figure 3
Buncombe County,North Carolina
Drawn by: TJK 3.15.21; CEC Project# 1180
Project Boundary
DocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
AS SHOWN00 100' 200'Figure4SEDIMENT MANAGEMENT PLANECHO LAKE DAMFAIRVIEW, NC9 DAVIS LANEFAIRVIEW, NC 28730www.garner-eng.com828.337.5716FIRM NO. C-4451JFG05/03/2021XX/XX/XXXXREV:DATE:DRAWN BY:SCALE:12' ACCESS ROADIMPACT AREAMAIN STREAMCHANNELSILT FENCEBOTH SIDESFLOW BYPASSESTHROUGH BOTTOMDRAINTEMP. 6" SIPHON FORADDITIONAL BYPASSCAPACITYPermanent OpenWater ImpactO1 - 0.044 AcTemporary OpenWater ImpactO2 - 0.016 AcR20' RISER ACCESS IMPACT AREADocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
Echo Lake Maintenance (+/- 30 AC)
Ü
0 1 20.5
Miles
Project BoundaryFlood Zone
100-Year Floodplain
145 7th Ave West, Suite BHendersonville, NC 28792
FEMA Flood Zones MapFIRM Panel 3710060600J(eff. 1/6/2010)Figure 5
Buncombe County,North Carolina
Drawn by: TJK 3.15.21; CEC Project# 1180
Project Boundary
DocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
Appendix A:
Construction Narrative
By Garner Engineering
May 18, 2021
DocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
9 DAVIS LN|FAIRVIEW, NC 28730
828.337.5716|GARNER‐ENG.COM
JOB NO. GE‐008 SHEET 1 OF 3
PROJECT ECHO LAKE DAM
TASK RISER REPAIR – CONSTRUCTION NARRATIVE
BY JFG DATE 5/18/2021
REVIEW
OBJECTIVE
The proposed and approved repairs to the existing Echo Lake Dam riser structure will stabilize the riser structure in‐
place and provide improved access to gate operating equipment and trash rack maintenance areas. The lake will
be drained during the construction process and the proposed access to the riser location needs to be stable. The
objective of the plan is to make the access road a permanent feature where it is below the normal pool level of the
lake.
PURPOSE
The proposed construction access road will provide safe access for construction equipment to the riser location.
The access road construction below the normal pool water level of Echo Lake is proposed to be permanent to
facilitate future access to the riser when additional maintenance and/or repairs are warranted. The portion of the
access road that is above normal pool would be temporary and these installations would be removed and returned
to pre‐construction conditions.
METHODS
The proposed permanent 10‐foot‐wide access road would be constructed consistent with gravel construction
roadway access in saturated environments. We anticipate that the road will have to be constructed in phases:
Subgrade stabilization using ballast stone – 6 ‐ 8 inches of railroad ballast (#3 stone) would be placed
directly on the subgrade and compacted into the saturated soils. Some leveling would be accomplished
with the ballast stone. We estimate 49 cu‐yds (1312 cu‐ft) of ballast stone would be required for leveling
and subgrade stabilization.
Geogrid reinforcement – a bi‐axial geogrid (Tensar BX1100) would be placed on the ballast stone and
topped by the leveling course of graded aggregate base.
Finish grading using graded aggregate base – at minimum of 6 inches of graded aggregate base (GAB)
would be placed over the geogrid and ballast stone. The final grade of the road would provide relatively
level cross section and promote positive drainage. We estimate 31 cu‐yds (832 cu‐ft) of GAB would be
required to construct the proposed roadway section.
IMPACTS
We anticipate impact area for the proposed access road and riser repair will be limited to the immediate area
around the riser and the access road footprint. We estimate a 15‐foot radius around the riser would be impacted
temporarily during construction. The permanent access road below water level is estimated to be 160 feet in
length and 10 feet wide. We anticipate some additional impact due to spreading of the subgrade stabilization
materials and assumed a 12‐foot‐wide impact. These impacts are summarized as:
Riser – 707 sq‐ft (0.016 acre)
Access Road – 1920 sq‐ft (0.044 acre)
Total Impact – 2627 sq‐ft (0.060 acre)
DocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
9 DAVIS LN|FAIRVIEW, NC 28730
828.337.5716|GARNER‐ENG.COM
JOB NO. GE‐008 SHEET 2 OF 3
PROJECT ECHO LAKE DAM
TASK RISER REPAIR – CONSTRUCTION NARRATIVE
BY JFG DATE 5/18/2021
REVIEW
CONTROL OF WATER
The lake will be drawn down to accomplish the riser repair work and construction access. The existing riser is
equipped with a bottom drain gate valve that is mounted on the outside face of the riser base block. The riser base
block in constructed of mass concrete and will serve as the base for the riser repair. Therefore, the riser base will be
undisturbed, and the gate valve will be able to remain open throughout construction to provide the primary bypass
for surface water flow.
The gate valve will also provide the means to drain the lake over a 20‐day period. This may result in very minor
sediment discharge downstream, however, these discharges will be minimized by the following:
The lake level is routinely dropped a few feet during each winter to facilitate maintenance work on shoreline
protection and infrastructure. Because of the frequency of operation, any sediment build‐up at the gate
opening is routinely cleared by the lake level lowering.
The gate valve is elevated off the bottom of the lakebed by a couple of feet (see image). This limits the
amount of accumulated sediment that can be drawn into the open gate to deposits immediately surrounding
the gate.
Where alternative drawdown methods are required, a temporary siphon will be installed over the
embankment. The siphon will be 6 inches in diameter and set to draw from the middle of the lake water
column.
Silt fence will be installed on both sides of the contributing stream once the lake is drained to prevent
sediment from entering the bypass stream flow. The silt fence will be installed flush with the riser block to
isolate stream flows from the access area.
OPEN GATE
LAKE BOTTOM
DocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
9 DAVIS LN|FAIRVIEW, NC 28730
828.337.5716|GARNER‐ENG.COM
JOB NO. GE‐008 SHEET 3 OF 3
PROJECT ECHO LAKE DAM
TASK RISER REPAIR – CONSTRUCTION NARRATIVE
BY JFG DATE 5/18/2021
REVIEW
WATER QUALITY CONSIDERATIONS
TURBIDITY MONITORING
Based upon the requirements for turbidity in the downstream reach during construction, we propose the following
turbidity monitoring plan:
Upon commencement of dewatering of Echo Lake, turbidity shall be visually assessed in the headwater
stream above the lake and immediately below the outfall of the lake.
Visual assessments should be conducted three times each working day; at the start, middle, and end.
If water appears at least slightly turbid, a handheld turbidity meter should be used to measure turbidity at
the upstream and downstream monitoring location.
o If a difference of 10 NTUs is shown between the upstream and downstream monitoring location,
work should stop, and all erosion and sediment control (ESC) measures should be inspected.
Corrects any issues with ESC measures.
o If high turbidity persists, close gate valve and utilize siphon, pumping water from the top down. Use
siphon until the cause of turbidity has been resolved.
If highly turbid water is noted coming into the lake from upstream, report to Andrew Moore with the NC
Department of Environmental Quality – Division of Water Resources.
o Office phone: 828 296 4684
o email: Andrew.W.Moore@ncdenr.gov
COOL WATER RELEASE
A cool water release has been suggested for the riser repair. Incorporation of a cool water release will be facilitated
by adding a 6‐inch diameter vertical PVC intake pipe to the outside of the repaired riser. The pipe will extend
approximately 10 feet below the normal pool water surface elevation. The upper end of the pipe will turn
horizontally to extend through the riser wall near the crest of the riser. This will allow normal flows to be drawn from
10 feet below the surface and discharged into the spillway and downstream, decreasing the temperature of the
discharge water. Storm flows will be discharged over the riser intake weir as previously configured.
DocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
9 DAVIS LN|FAIRVIEW, NC 28730
828.337.5716|GARNER‐ENG.COM
JOB NO. GE‐008 SHEET 1 OF 3
PROJECT ECHO LAKE DAM RISER REPAIR
TASK ACCESS ROADWAY PERMITTING
BY JFG DATE 3/17/2021
REVIEW
DocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
9 DAVIS LN|FAIRVIEW, NC 28730
828.337.5716|GARNER‐ENG.COM
JOB NO. GE‐008 SHEET 2 OF 3
PROJECT ECHO LAKE DAM RISER REPAIR
TASK ACCESS ROADWAY PERMITTING
BY JFG DATE 3/17/2021
REVIEW
DocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
9 DAVIS LN|FAIRVIEW, NC 28730
828.337.5716|GARNER‐ENG.COM
JOB NO. GE‐008 SHEET 3 OF 3
PROJECT ECHO LAKE DAM RISER REPAIR
TASK ACCESS ROADWAY PERMITTING
BY JFG DATE 3/17/2021
REVIEW
DocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
Appendix B:
Federally Protected Species Information
DocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
3/18/2021 Buncombe County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species
https://www.fws.gov/raleigh/species/cntylist/buncombe.html 1/3
Endangered Species, Threatened Species,Federal Species of Concern,
and Candidate Species,
Buncombe County, North Carolina
Updated: 07-17-2020
Common Name Scientific name Federal
Status
Record Status
Vertebrate:
Allegheny woodrat Neotoma magister FSC Current
Appalachian Bewick's wren Thryomanes bewickii altus FSC Historical
Bachman's sparrow Aimophila aestivalis FSC Historical
Bald eagle Haliaeetus leucocephalus BGPA Current
Blotchside logperch Percina burtoni FSC Historical
Bog turtle Glyptemys muhlenbergii T (S/A)Current
Carolina northern flying squirrel Glaucomys sabrinus coloratus E Current
Cerulean warbler Dendroica cerulea FSC Current
Eastern small-footed bat Myotis leibii ARS Current
Gray bat Myotis grisescens E Current
Hellbender Cryptobranchus alleganiensis ARS Current
Longhead darter Percina macrocephala FSC Historical
Northern long-eared bat Myotis septentrionalis T Current
Northern saw-whet owl (Southern
Appalachian population)
Aegolius acadicus pop. 1 FSC Current
Paddlefish Polyodon spathula FSC Historical
Pygmy salamander Desmognathus wrighti FSC Current
Rafinesque's big-eared bat Corynorhinus rafinesquii FSC Historical
Red crossbill (Southern
Appalachian)
Loxia curvirostra FSC Current
Southern Appalachian black-
capped chickadee
Poecile atricapillus practicus FSC Historical
Southern water shrew Sorex palustris punctulatus FSC Current
Spotfin chub (=turquise shiner)Erimonax monachus T Historical
Yellow-bellied sapsucker Sphyrapicus varius appalachiensis FSC Current
DocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
3/18/2021 Buncombe County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species
https://www.fws.gov/raleigh/species/cntylist/buncombe.html 2/3
(Southern Appalachian population)
Invertebrate:
Appalachian elktoe Alasmidonta raveneliana E Current
French Broad crayfish Cambarus reburrus FSC Current
Rusty-patched bumble bee Bombus affinis E Historical
Southern Tawny Crescent butterfly Phyciodes batesii maconensis FSC Historical
Spruce-fir moss spider Microhexura montivaga E Current
Tan riffleshell Epioblasma florentina walkeri (=E.
walkeri)
E Historicalal and Obscure
Vascular Plant:
Blue Ridge Goldenrod Solidago spithamaea T Current
Blue Ridge Ragwort Packera millefolium FSC Current
Bunched arrowhead Sagittaria fasciculata E Historical
Butternut Juglans cinerea FSC Historical
Cain's reedgrass Calamagrostis cainii FSC Current
Fraser fir Abies fraseri FSC Current
Fraser's loosestrife Lysimachia fraseri FSC Historical
French Broad heartleaf Hexastylis rhombiformis FSC Current
Gray's lily Lilium grayi FSC Current
Granite Dome Goldenrod Solidago simulans FSC Current
Mountain Sweet Pitcherplant Sarracenia rubra ssp. Jonesii E Current
Piratebush Buckleya distichophylla FSC Current
Spreading avens Geum radiatum E Current
Virginia spiraea Spiraea virginiana T Historical
Nonvascular Plant:
a liverwort Plagiochila sharpii ARS Current
a liverwort Plagiochila virginica var.
caroliniana
FSC Current
Appalachian Pocket Moss Fissidens appalachiensis ARS Historical
Lichen:
Rock gnome lichen Gymnoderma lineare E Current
Definitions of Federal Status Codes: E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range." C = candidate. A taxon under consideration for official listing for which there is sufficient information to support
listing. (Formerly "C1" candidate species.) BGPA =Bald and Golden Eagle Protection Act. See below. ARS = At Risk Species. Species that are Petitioned, Candidates or Proposed for Listing under the Endangered
Species Act. Consultation under Section 7(a)(2) of the ESA is not required for Candidate or Proposed species;
although a Conference, as described under Section 7(a)(4) of the ESA is recommended for actions affecting
species proposed for listing. FSC=Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species
Act. In North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service)
define Federal Species of Concern as those species that appear to be in decline or otherwise in need of
conservation and are under consideration for listing or for which there is insufficient information to support
listing at this time.Subsumed under the term "FSC" are all species petitioned by outside parties and other
DocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
3/18/2021 Buncombe County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species
https://www.fws.gov/raleigh/species/cntylist/buncombe.html 3/3
selected focal species identified in Service strategic plans, State Wildlife Action Plans, or Natural Heritage
Program Lists.
T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance
with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered
or threatened and are not subject to Section 7 consultation. See below.
EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental,
nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land,
for consultation purposes, and as species proposed for listing on private land.
P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT",
respectively.
Bald and Golden Eagle Protection Act (BGPA):
In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de-
listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007.
After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the
primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a
statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle
Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid
disturbing bald eagles. For mor information, visit http://www.fws.gov/migratorybirds/baldeagle.htm
Threatened due to similarity of appearance(T(S/A)):
In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New
York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to
Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the
collection and interstate and international commercial trade of bog turtles from the southern population. The
T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of
the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife
Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss.
Definitions of Record Status:
Current - Based on NC Natural Heritage Program information, this taxon is considered to be extant in the
county.
Historical - Based on NC Natural Heritage Program information, this taxon is considered to be historical in the
county, meaning that all recorded occurrences are either extirpated, have not been found in recent surveys, or
have not been surveyed recently enough to be confident they are still present.
Obscure - the date and/or location of observation is uncertain.
Incidental/migrant - the species was observed outside of its normal range or habitat.
Probable/potential - the species is considered likely to occur in this county based on the proximity of known
records (in adjacent counties), the presence of potentially suitable habitat, or both.
DocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
NCNHDE-14242
March 18, 2021
ClearWater Environmental Consultants, Inc.
ClearWater Environmental Consultants, Inc.
145 7th Avenue West
Hendersonville, NC 28792
RE: Echo Lake Maintenance; 1180
Dear ClearWater Environmental Consultants, Inc.:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that
have been documented within a one-mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile
radius of the project area, if any, are also included in this report.
If a Federally-listed species is found within the project area or is indicated within a one-mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally-
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DocuSign Envelope ID: D51FEE59-D4BD-4D4F-88AC-C006CDC439F7
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
Echo Lake Maintenance
Project No. 1180
March 18, 2021
NCNHDE-14242
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic
Group
EO ID Scientific Name Common Name Last
Observation
Date
Element
Occurrence
Rank
Accuracy Federal
Status
State
Status
Global
Rank
State
Rank
Dragonfly or
Damselfly
33442 Calopteryx amata Superb Jewelwing 2004-Pre H?5-Very
Low
---Significantly
Rare
G5 S1S2
Vascular Plant 39419 Carex trichocarpa Hairy-fruit Sedge 2019-06-06 C 2-High ---Significantly
Rare
Peripheral
G4 S1
No Natural Areas are Documented Within a One-mile Radius of the Project Area
No Managed Areas are Documented Within a One-mile Radius of the Project Area
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on March 18, 2021; source: NCNHP, Q4 January 2021. Please
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
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1
Tyson Kurtz
From:laserfiche@ncdenr.gov
Sent:Thursday, April 15, 2021 12:00 AM
To:Tyson Kurtz
Cc:andrew.w.moore@ncdenr.gov
Subject:Pre-Filing Meeting Review Completed for Echo Lake Maintenance - 20210566 Ver 1
The North Carolina Division of Water Resources has received the Pre‐Filing Meeting Request Form for Echo Lake
Maintenance that you submitted on 3/15/2021 4:49 PM. The ID number for that project is 20210566, Version 1.
It has been decided that no meeting is needed for this project.
Review Comments (If provided):
Project file link: https://edocs.deq.nc.gov/WaterResources/Browse.aspx?dbid=0&startid=1679387
When you submit your application please upload a copy of the attached document in this email.
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as
responses are not monitored.