HomeMy WebLinkAbout20140923 Ver 1_Approval Letter_20140929F�Askal
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
September 26, 2014
Michael Singer
Davidson River Village, LLC
40 Walnut Street
Suite 301
Wellesley, MA 02481
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Davidson River Village, LLC
Dew Mr. Singer: -
John E. Skvarla, III
Secretary
DWR 4 14 -0923
Transylvania County
In accordance with your application dated August 25, 2014, approval has been granted for the impacts listed in
the table below. This approval requires you to follow the conditions listed in the enclosed certification(s)
or general permit and any additional conditions listed below.
Project impacts are covered by the attached Water Quality General Certifications Number 3885 and 3890 and
the conditions listed below. This certification is associated with the use of Nationwide Permit Number 13, 18
and 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should obtain or
otherwise comply with any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Erosion and Sediment Control, Water Supply Watershed and Trout Buffer
regulations.
IMPACTSAPPROVED
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.
Type of Impact
Amount Approved
Permanent
Stream
1 562 (line az feet)
ADDITIONAL CONDITIONS
1. 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
Water Quality Regional Operetlons— Ashavllle Regional Once
2090 US Hwy 70, Swannanoa, NC 28778
Phone:828- 298 45001 FAX: B28 - 299 -7043
Internet: ht tpilportalaccenr.orglwebAvghva
An Equal Opportunity 1 AMIrmalive Action Employer
Michael Singer
September 26, 2014
Page 2 of3
your project, you must notify the Division and you maybe required to submit anew application package -
with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval
letter and General Certification (s) /Pennit/Authorization and is responsible for complying with all
conditions.
2. You are required to provide one copy of the approved SMP for the future phase(s), including plan details
on full -sized plan sheets, with proof of the City of Brevard's approval. The approved SMP shall be
submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-
1617) before any land disturbance associated with that phase may occur. After it is approved, the SMP
may not be modified without prior written authorization from the City of Brevard. A copy of the
approval letter and the modified SMP shall be submitted to the DWR 401 & Buffer Permitting Unit
prior to the commencement of the modifications.
3. No construction moratorium associated with the Trout classification is required, per the NC
Wildlife Resources Commission.
This approval and its conditions are final and binding unless contested.
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 of h!tp://www.ncoah.co 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 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 GAIT 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
Ifsending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Michael Singer
September26,2014
Page 3 of3
This letter completes the review of the Division under section 401 of the Clean Water Act as described in 15A
NCAC .0500. Please contact Tim Fox at 828 - 296 -4664 or tim.fex(y)ncdem.eov if you have any questions or
concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885 and 3890
Certificate of Completion
cc: DWR ARO 401 files
ec: Clement Riddle - Clearwater
David Brown - USACE
G: \WR \WQ\ Transylvania \401sWon-DOT\Davidson River Villn eUPRVL,9.2514.docx