20210566 Ver 1_Certificate of Approval_20200804

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Acting Director
August 4, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
70191120000200635504
Mr. John Garner, PE
Garner Engineering, PC
9 Davis Lane
Fairview, NC 28730
RE: Approval to Repair
Echo Lake Dam
Burncombe County
State ID: BUNCO-021
High Hazard Dam
Dear Mr. Garner:
NORTH CAROLINA
Environmental Quality
Certificate of Approval
This is in response to your latest submission dated June 19, 2019 and received on May 4, 2020, with plans,
specifications, and design data for repair of the subject dam in compliance with the Dam Safety Law of 1967.
Repairs to the dam include sleeving the existing riser with an outer form and filling the annular space with
structural concrete, installation of a new gate valve stem connectors and stem guide and fabrication of a new
trash rake and access deck. The dam has a high hazard classification. The plans, specifications, and design
data submitted were prepared under the supervision of Mr. John Garner, PE of Garner Engineers PC.
This letter constitutes approval of the proposal to repair the subject dam according to the plans, specifications,
and design data received by this Division on May 4, 2020 with the following stipulations:
1. In accordance with GS 143-215.29, project construction shall be supervised by Mr. John Garner, PE. Mr.
John Garner, PE shall be responsible for field observation of construction as necessary to ensure
compliance with approved plans.
2. During construction, the Division of Energy, Mineral and Land Resources may require progress reports as
are deemed necessary.
3. In accordance with GS 143-215.30 and 15A NCAC 02K .0203, .0212, .0215, and .0216, within 30 days
of completion of the project, Mr. James Garner, PE shall inspect the completed work and upon finding that
the work has been done as specified, minimum stream flow requirements have been satisfied, and the
dam is safe, shall file with the Division of Energy, Mineral and Land Resources two sets of record drawings
and a certificate stating that the work has been completed in accordance with approved plans,
specifications and other requirements.
N D_EQ
Gwertmnn or EnVoronabentitl
North Carolina Department of Environmental Quaiity 1 Division of Energy, Mineral and Land Resources
512 North Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-3612
919.707.9200

Mr. John Garner, PE Echo Lake
August 4, 2020 BUNCO-021
Page 2 of 3
4. Prior to issuance of final written consent for use of this dam pursuant to these modifications, the
requirements of Session Law 2014-122, Section 8, as revised by Session Law 2015-7 must be met.
Session Law 2015-7 requires all owners of high and intermediate hazard dams to submit an annually
updated Emergency Action Plan (EAP) to the NC Department of Environment and Natural Resources and
the NC Department of Public Safety. More details regarding this requirement may be found online at
(https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permits/dam-
safetv).
5. All trees, brush and woody vegetation must be removed from the slopes and crest of the dam
embankments and the emergency spillway areas. All trees and/or brush Tess than three inches in diameter
at breast height may be removed either by excavation or cutting flush to the ground. All trees larger than
three inches in diameter at breast height must be completely removed by excavation, including roots, and
the resulting excavations properly backfilled with select fill. All disturbed areas must be immediately
revegetated with a good cover of grass adequate to prevent surface erosion. Excavation and backfilling
required for tree removal will require engineered plans to be submitted to Dam Safety for review and
approval before removal may proceed. FEMA 534 "Technical Manual for Dam Owners, Impacts of Plants
on Earthen Dams" should be used as guidance.
6. In accordance with GS 143-215.30 and 15A NCAC 02K .0220, final written consent must be issued by the
Director of the Division of Energy, Mineral and Land Resources for use of this dam pursuant to these
repairs.
7. An operation and maintenance (0&M) plan are required for all high hazard dams. The 0&M plan should
address routine maintenance, frequency of piezometer readings, frequency of inspections by the owner or
the owner's representative, and annual operation of the bottom drain to ensure that it is functional. The
0&M plan must be received prior to issuance of final written consent for use of this dam pursuant to these
repairs.
8. This approval does not convey the right to access the private property of others. Any required access to
perform the approved work must be secured prior to initiation of construction activities.
9. Provided that the disturbed area is an acre or more, an erosion and sedimentation control plan needs to
be submitted, including a Financial Responsibility and Ownership (FRO) form and applicable permitting
fee, to the Division of Energy, Mineral and Land Resources, Asheville Regional Office at least 30 days prior
to initiating land disturbing activities.
10. Impoundment management (lake drawdown)/water diversion plan, if necessary, for proposed activities
should be provided at least 60 days prior to implementation/construction.
11. You must notify Mr. Stan Aiken, PE, Regional Supervisor, Land Quality Section, 2090 US Hwy 70,
Swannanoa, NC 28778, telephone number (828)-296-4500 ten days before the start of construction.
The Army Corps of Engineers and the Division of Water Resources of this Department should be contacted to
determine if additional permits are required. Also, the erosion and sediment control program having
jurisdiction should be contacted to determine plan approval requirements. In any case, sediment must be
prevented from entering the waters of the state or flowing onto neighboring property.

Mr. John Garner, PE Echo Lake
August 4, 2020 BUNCO-021
Page 3 of 3
The Dam Safety Law of 1967 requires that project construction commence within one year from the date of
this approval, or the approval is void. For assistance, you may Mr. Stan Aiken, PE, Regional Supervisor, Land
Quality Section, 2090 US Hwy 70, Swannanoa, NC28778, telephone number (828)-296-4500 or the Dam
Safety Program in the Raleigh Central Office at telephone number [phone] should you have questions
concerning this matter.
Sincerely,
George Eller, PE
Dam Safety Engineer
GLE/as
cc: Mr. Stan Aiken, Land Quality Regional Supervisor, ARO
Echo Lake HOA, 106 Echo Lake Drive, Fairview, NC 28730
File name: BUNCO-021_20200408 Approval to repair