20140923 Ver 1_More Info Received_20141029

Strickland, Bev
From: Devane, Boyd
Sent: Wednesday, October 29, 2014 9:15 AM
To: Strickland, Bev
Subject: Please file this: Davidson River Village, Brevard 14 -0923
Attachments: Davidson River Village, LLC (4).pdf
From: Devane, Boyd
Sent: Wednesday, October 22, 2014 3:53 PM
To: Barnett, Kevin
Subject: Davidson River Village, Brevard 14 -0923
I was cleaning up my files and saw the PCN for a roadway project for Davidson River Village near Brevard. I had a note
to myself to check with the engineer but I hadn't done it. The deadline of Oct 26th was almost up. When I looked in
Lazerfische, I saw that Kevin had already prepared a letter for landon to sign and it had gone out on September
26th. My holdup was two -fold: 1) see if the road approval would mandate stormwater approval for the upcoming
development and 2) see if any local government had 401 approval authority. To question 1, the answer was yes and to
question 2, the answer is no. Unfortunately, Langdon's letter said that they would have to send us a copy of the local
government- approved plan. Neither Brevard nor Transylvania county have 401 stormwater approval. I thought maybe
Brevard had a water supply watershed program but they do not. This waterbody is a WS -V which requires no
stormwater controls. I should have contacted Chuck earlier but I can't find any evidence that I did. I think we should
probably send out a letter telling them that the DWR will approve the 401 - required stormwater plans for the
development. I just wanted to alert you to the issue and ask for your guidance.

A'f4lx; iANDE��
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
Dear Mr. Singer:
John E. Skvarla, fill
Secretary
DWR # 14 -4923
Transylvania County
In accordance with your application dated August 25, 2414, 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 Iisted 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 Suffer
regulations.
IMPACTS APPROVED
The following impacts are hereby approved provided ihat 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
562 linear feet)
ADDITIONAL CONDITIONS
I . 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 Reglonal Operations — Ashavllle Regional Office
2090 US Hwy 70, Swan nanoa, NC 28778
Phone: 828 - 29645001 FAX: [phone]
Internet: hffp :Uportal.ncdenr.orglweblwglws
An Equal opportunity 1 Affirmative Action Employer

MichaeI Singer
September 26, 2014
Page 2 o£3
your project, you must notify the Division and you may be required to submit a new 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 )IPermitlAuthorization 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 fall -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 at http:llwww.ncoah.colnl 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 OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via STS Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending 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
September 26, 2014
Page 3 of 3
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.foxna ncdenr, ov 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
GAWRIWQ1Transylvania1401 sWon- DOTOavidm River VillageUPRVL,9.25.14.docx