20130171 Ver 2_Approval Letter_20130814

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North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Thomas A. Reeder
Governor Director
August 14, 2013
Michelle Masta, President
Black Bear Paving & Construction, Inc.
6456 Sylva Road
Franklin, North Carolina 28734
Subject: 401 Water Quality Certification - Approval
Echo Valley Project
DWQ Project # 2013 -0171, Version 2
Macon County
LTNO1 / Coon Creek / 2 -24 -3 / Class C
Dear Ms. Masta:
John E. Skvada, III
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 150 linear feet of streams for the purpose of
property access and equipment storage area 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 3890. 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:
Additional Conditions
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: 828 - 29845001 FAX: [phone]
Internet: www nrwaterquatity.org
An Equal Opportunity \ Affirmative Action Employer
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Amount Approved nits
Plan Location or Reference
Stream
150 feet
Application Item C. 3.
Stream
-27 linear feet
Application Item C. 3
Additional Conditions
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: 828 - 29845001 FAX: [phone]
Internet: www nrwaterquatity.org
An Equal Opportunity \ Affirmative Action Employer
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Black Bear Paving & Construction, Inc.
August 14, 2013
Page 2 of 2
1. The stormwater management system, (consisting of a grassed swale and dry detention basin), all
stormwater conveyances, and the grading and drainage patterns depicted on the plans signed and
sealed July 30, 2013 by Ms. Wanda Austin, P.E., as approved by this office must be maintained in
perpetuity. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Resources. The stormwater management structures shall
have maintenance access for the ability to maintain the structures, and to perform corrective actions.
2. The stormwater easements shall be recorded to provide protection of the structures from potential
alterations by future property owners. Documentation of the easements shall be made within 6
months of completion of the stormwater management system. The Asheville Regional Office —
Surface Water Protection Section shall be notified after completion of the easement documentation.
3. Echo Valley representatives must comply with the requirements of the O &M Agreements
immediately upon completion of the stormwater management system.
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,
for Tho A. Reeder
TAR/khb
Enc: GC3890
Certificate of Completion
cc: L. C. Jones, Black Bear Paving & Construction, Inc.
6456 Sylva Road, Franklin, NC 28734
Wanda H. Austin, P.E.
45 Homespun Road, Sylva, NC 28/779
David McHenry, NC Wildlife Resources Commission
Matt Mason, Macon County Planner
USACE Asheville Regulatory Field Office
WBSCP Unit — Central Office
File Copy
G:\WQ\SWP\Macon\401s\Non-DOT\EchoVafley\Appvl.08-14-2013.doc