20051477 Ver 3_Approval Letter_20110615

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 15, 2011
Pilot View Resource Conservation and Development
Earl Sheppard
2714 Henning Drive
Winston-Salem NC 27106
Subject: 401 Water Quality Certification - Approval
Linville Restoration Project-Phase III
DWQ Project # 05-1477V3
Avery County
CTB / Linville Rvr (and UT's) / 11-29-(1) / C;Tr
Dear Mr. Sheppard:
Dee Freeman
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 0.18 acres of wetlands and 3,236 feet of
streams and 3.49 acres of open waters for the purpose of restoration and enhancement 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 3689. This Certification allows
you to use Nationwide Permit 27 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 Trout Buffer
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:
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally
Earl Sheppard-Linville River
June 15, 2011
Page 2 of 2
Amount Approved (Units) Plan Location or Reference
Stream 3,236 (feet) S1, S2, S3
404/CAMA Wetlands 0.18 (acres) W1
Waters 3.49 (acres) 01, 02, 03
Additional Conditions
1. Post-project monitoring - Submit as-built plans to DWQ, Asheville regional Office along with reference
photos. Cross sectional and longitudinal measurements of the relocated channels shall be conducted at
the end of years one (1), three (3) and five (5) after project completion. Results shall be reported, along
with photo documentation, to DWQ, Asheville regional Office. If the monitoring results indicate that
structural modifications or repairs are needed, approval shall be sought from the DWQ prior to
implementation. Vegetation assessments shall also be made and reported in accordance with this
monitoring schedule.
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 Linda Wiggs in the Asheville Regional Office at
828-296-450.
Sincerely,
Coleen H. Sullins, Director
CHS/Isw
Enc: GC3689
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
401 Permitting Unit - Central Office
File Copy
Linville Resorts, Inc. PO Box 99 Linville NC 28646
Wildlands Engineering, Inc.-Matt Jenkins 1430 South Mint Street Suite 104 Charlotte, NC 28203
S:\SWP\Avery\401s\Non-DOT\Linville River V3\APRVL1invilleV3.June201 Ldoc