20130794 Ver 1_Approval Letter_20130830

CCDEENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Water Quality Programs
Governor Thomas A. Reeder
Director
August 30, 2013
Linville Land Harbor POA
Attn: Mike Simpson
20 Land Harbor Plaza
Newland, NC 28657
Subject: 401 Water Quality Certification - Approval
Project Name: Land Harbor — Linville River Bank Stabilization
DWQ Project # 2013 -0794
Avery County
Catawba River Basin / Linville River / 11- 29 -(4.5) / B, Trout
Dear Mr. Simpson:
John E. Skvada, III
Secretary
The Division of Water Resources 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 950 feet of streams for the purpose of stream
bank stabilization 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 3885. This Certification allows
you to use Nationwide Permit 13 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, Trout Buffer and
Floodplain 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. 828 - 296.45001 FAX- 828 -299 -7043
Internet. www ncwaterquality.org
An Equal Opportunity V Affirmative Action Employer
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Amount A roved nits
Plan Location or Reference
Stream
950 feet
Plan sheet 3a.
Location: 2090 U.S. Highway 70, Swannanoa, North Carolina 28778
Phone. 828 - 296.45001 FAX- 828 -299 -7043
Internet. www ncwaterquality.org
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Linville Land Harbor POA
August 30, 2013
Page 2, of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
Additional Conditions:
1. As -built surveys with established benchmarks and years 1, 3, and 5 monitoring reports with both surveys
and photos shall be submitted (after the end of each monitoring year) within 30 days of completion of each
monitoring event. Both the ACOE and DWQ shall be notified if repairs are necessary and the applicant /
property owner will receive approval prior to implementation. Vegetation assessments shall also be made
and reported during this time.
2. The stream is a Class B Trout Waters. In order to protect downstream uses for Class B Trout Waters
a requirement of this Certification is that any additional work conducted within the stream may not
occur between the dates of October 15 through April 15.
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 Resources under Section 401 of
the Clean Water Act. If you have any questions, please contact Tim Fog in the Asheville Regional Office at
(828) 296 -4664.
Sincerely,
1
for Thomas A. Reeder
TAR/trf
Enc: GC3885
Certificate of Completion
cc: JohnVillas — ENV Environmental Consulting Services, Inc
USACE Asheville Regulatory Field Office
WBSCP Unit — Central Office
file Copy
G: \WQ \SWP\Avery\40IANon- DOT\Land Harbor Linville River Bank Stabilization\APRVL.401 Land Harbor.08- 27- 13.doc