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Home My WebLink About20140923 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