20070681 Ver 1_Approval Letter_20070524

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
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May 24, 2007
Mr. Thomas McElwee
Linville Fishing Club, LLC
2817 Belvedere Avenue
Charlotte, NC 28205
Subject Property: Linville Fishing Club
Linville River [030830, 11-29-(1), C, TR]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. McElwee:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 07-0681
Avery County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 2801inear feet of perennial stream for the purpose of performing habitat
improvement on the Linville River between the Grandfather Golf and Country Club and the Kawana
Fishing Club waters, as described within your application dated April 12, 2007, and received by the N.C.
Division of Water Quality (DWQ) on April 18, 2007. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number(s) 3626 (GC3626). The
Certification(s) allows you to use Nationwide Permit(s) NW27 when issued by the US Army Corps of
Engineers (USAGE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is 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 the properly is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Amount A roved (Units) Plan Location or Reference
Stream - erennial 280 (linear feet) PCN a e 8 of 13
4010versight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: htta~//h2o enr.state.nc.us/ncwetlands
No~`hCarolina
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An Equal OpportunitylAffirmative Action Employer- 50% Recycledll0% Post Consumer Paper

Linville Fishing Club, LLC
Page 2 of 3
May 24, 2007
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
6. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project.
7. Stream Restoration with Approved Plans
The stream and buffer restoration. must be constructed, maintained, and monitored according to the
approved plans in the application and modifications to the application. Any repairs or adjustments to
the site must be made according to the approved plans or must receive written approval from this
Office to make the repairs or adjustments.
Riparian zone restoration is required as a condition of this Certification. Replanting of vegetation
within disturbed areas located within 30 feet of the stream associated with stream restoration must be
done in an "in kind" manner immediately following construction. (Example: Disturbed areas with pre-
existing grassed lawns must be replanted with grass. Disturbed areas with pre-existing trees or woody
vegetation must be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest
vegetation must be replanted with forest vegetation including at least two different native hardwood tree
species at a density sufficient to provide 320 trees per acre at maturity. This density can usually be
achieved by planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.)
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached

Linville Fishing Club, LLC
Page 3 of 3
May 24, 2007
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The 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 404 or CAMA Permit.
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 the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Kevin Barnett in the DWQ Asheville Regional Office at 828-29~i,~4500.
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Enclosures: GC 3626
Certificate of Completion
Sincere ,
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Alan W. Klimek, P.E.
cc: USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Pamela Boaze, Fish and Wildlife Associates, Inc., P.O. Box 241, Whittier, NC 28789
Filename: 070681 Linvil IeFish ingClub(Avery~101