20070574 Ver 1_Approval Letter_20070612

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Colleen Sullins. Director
Division of Water Quality
June 12, 2007
DWQ Project # 07-0574
Rutherford County
Michelle Morton
LL Hondlings, LLC
Post Office Box 14636
Atlanta, GA 30324
Subject Property: Rock Creek Impoundment Excavation
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mrs. Morton:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact .04 acres for the purpose described in your
submitted application, at the subject property, within your application received by the
N.C. Division of Water Quality (DWQ) on April 11, 2007. After reviewing your
application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3494(GC3494). The Certification(s) allows you to use Permit(s)
GP30 and NW19 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, Non-discharge, and buffer 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 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 property 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:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] fAX [phone] /Internet: www.ncwaterquality.orq
_~ ~>
bt~~Er;=
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper

LL Holdings, LLC
Page 2 of 5
June 12, 2007
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 Plan Location or Reference
A roved (Units
Cove 0.04 (acres) - No Rock Creek
More Than 25
Cubic Yards
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 shalt be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sun`ace Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
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.

LL Holdings, LLC
Page 3 of ~
June 12, 2007
4. 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.
5. 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 certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Riprap Installation
All banks shall be laid back at a 2:1 (length :height) slope and riprap applied at
the water /land interface (at full pool). Riprap shall be placed as a linear
protective measure upon the regraded slopes. Stone used in stabilization shall
be at least Class B riprap in size with at least 2 boulders per 100 linear feet of up
to 6 feet in diameter to provide additional wildlife habitat. The rip-rap shall be
installed over a toed in filter fabric to prevent soil erosion behind the stabilized
area. All exposed soils, above the Riprap stabilized area, to a distance of 30 feet
from the top of bank shall be replanted in accordance with the attached
Guidelines for Riparian Buffer Restoration. This authorization shall in no way
be construed as allowing the installation of a bulkhead or seawall.
7. Heavy Equipment
Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
8. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before being discharged. If this is not possible,
it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.

LL Holdings, LLC
Page 4 of 5
June 12, 2007
9. Trout Buffer
The trout buffer shall be re-established to a distance of 25 feet from the edge of
the shoreline along all streams within the associated property in accordance with
the Guidelines for Riparian Buffer Restoration.
10. No Impacts Beyond those in Application
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.
12. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401NVetlands Unit web
site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
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 1506 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.

LL Holdings, LLC
Page 5 of 5
June 12, 2007
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 contact Mr. Kevin Barnett in the
DWQ Asheville Regional Office at either Kevin.Barnett(a~ncmail.net or at 828-296-4657.
Sincerely,
~ ~~
Colleen Sullins, Director
Division of Water Quality
CS/khb
Enclosures: GC 3494
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
Ron Linville, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 07-0574.LLHoldingsLLC.WQ3492.Approval