19970252 Ver 1_Complete File_19970327

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B, Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Bentley Parlier
Linville Resorts, Inc.
P.O. Box 98
Linville, NC 28646
Dear Mr. Parlier:
EDOEHNFi
March 27, 1997
Avery County
WQC 401 Project #970252
COE #199702414
You have our approval, in accordance with the attached conditions, to stabilize in 495 linear feet of
streambank acres of wetlands or waters for the purpose of stabilizing the streambank at Linville Ave. and Fir
St. in Linville, as you described in your application dated 17 March 1997. After reviewing your application,
we have decided that this till is covered by General Water Quality Certification Number 3102. This
Certification allows you to use Nationwide Permit Number 13 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non - Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, 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, P.O. Box 27447, Raleigh, N.C. 27611 -7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919- 733 -1786.
Sincerely,
I . oPres� n Howar, , Jr. P.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
Mr. John Dorney
Central Files
Cathy Davis; Land Planning Collaborative
970252.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

LAND PLANNING
COLLABORATIVE
Landscape Architects -Land Planners
March 17, 1997
Mr. John Dorney
Division of Water Quality
N.C. Dept of Environment, Health
and Natural Resources
4401 Reedy Creek Road
Raleigh, N.C. 27607
Dear Mr. Dorney,
401 ISSVEL_,
Enclosed please find a copy of a letter from the U.S. Army Corps of Engineers authorizing a
streambank stabilization project for Linville Resorts, Linville, N.C. (Action ID no. 199702414 and
Nationwide Permit No. 13). The letter states that we are required to obtain a Section 401 water
quality certification from the N.C. Division of Water Quality. I understand that this approval is
automatic under Nationwide Permit No. 13. I am requesting written notification of this approval
from your office. Please send copies to me at the address on this letterhead and to the owner's
agent at the following address: Bentley Parlier
Linville Resorts, Inc.
P.O. Box 98
Linville, N.C. 28646
If there is any problem with this request, please contact me at my office. Thanks for your help
with this project.
Regards,
i
M
Cathy L. / avis
LAND PLANNING COLLABORATIVE, P.A.
C: Bentley Parlier
Linville Resorts
P.O. Box 98
Linville, N.C. 28646
Land Planning Collaborative, PA • 55 Broad Street • Asheville, NC 28801
704 - 253 -3600 • FAX 704 - 252 -9322

r
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402 -1690
March 14, 1997
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199702414 and Nationwide Permit No. 13 (Bank Stabilization)
Brently Parlier
Linville Resorts, Inc.
Post Office Box 98
Linville, North Carolina 28646
Dear Mr. Parlier:
Reference your application of February 21, 199 r Department of the
Army (DA) authorization to stabilize approximate y 495 eet of streambank
along an unnamed tributary to the Linville River a -the intersection of
Linville Avenue and Fir Street in Linville, Avery County, North Carolina. The
stabilization techniques are to include the placement of boulders and
plantings of native vegetation along the bank. The proposal has been reviewed
by the North Carolina Wildlife Resources Commission (WRC).
For the purposes of the Corps of Engineers' Regulatory Program, the
"December 13, 1996 Federal Register, Final Notice of Issuance, Reissuance, and
Modification of Nationwide Permits (61 FR 65874)" listed nationwide permits.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for bank stabilization
activities provided:
a. No material is placed is excess of the minimum needed for erosion
protection;
b. The bank stabilization activity is less than 500 feet in length;
C. The activity will not exceed an average of one cubic yard per running
foot placed along the bank below the plane of the ordinary high water mark or
the high tide line;
d. No material is placed in any special aquatic site, including
wetlands;
e. No material is of the type, or is placed in any location, or in any
manner, so as to impair surface water flow into or out of any wetland area;

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f. No material is placed in a manner that will be eroded by normal or
expected high flows (properly anchored trees may be used in low energy areas);
and,
g. The activity is part of a single and complete project.
Bank stabilization activities in excess of 500 feet in length or greater
than an average of one (1) cubic yard per running foot may be authorized if
the permittee notifies the District Engineer in accordance with the
"Notification" general condition and the District Engineer determines the
activity complies with the other terms and conditions of the nationwide permit
and the adverse environmental effects are minimal both individually and
cumulatively. This nationwide permit may not be used for the channelization
of a water of the United States.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions, those outlined
in the attached February 25, 1997 WRC letter, and provided you receive a
Section 401 water quality certification from the North Carolina Division of
Water Quality (NCDWQ). You should contact Mr. John Dorney, telephone (919)
733 -1786, regarding water quality certification. This nationwide permit does
not relieve you of the responsibility to obtain other required State or local
approval.
This verification will be valid until the nationwide permit is modified,
reissued or revoked, which will occur by February 11, 2002. It is incumbent
upon you to remain informed of changes to the nationwide permits, which will
be announced by public notice when they occur. If you commence, or are under
contract to commence, this activity before the date the nationwide permit is
modified or revoked, you will have twelve months from the date of the
modification or revocation to complete the activity under the present terms
and conditions of this nationwide permit.
We have evaluated potential impacts of your activity, and we have
determined that ycur proposal will not affect any endangered species.
When you have completed your work and any required mitigation, please
sign and return the enclosed certification form.
Questions or comments may be addressed to Mr. David Baker in our
Asheville Field Office, Regulatory Branch, telephone [phone].
Sincerely,
4
Robert W. Johns gin
Office Manager (/
Asheville Regulatory Field Office
Enclosures: 2/25/97 WRC letter

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Copies Furnished (without enclosures):
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh,' North Carolina 27607
Cathy Davis
Land Planning Collaborative
55 Broad Street
Asheville, North Carolina 28801