20131030 Ver 1_Approval Letter_20131115

A MIA F r `\
I�CDEIR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Water Quality Programs John E. Skvarla, III
Governor Thomas A. Reeder Secretary
Director
November 19, 2013
Rock House Creek Properties, LLC
Attn: Sharon Wiseman Hollifield, Registered Agent
124 Ray Wiseman Road
Spruce Pine, NC 28777
Blue Ridge Resource and Conservation and Development Council, Inc.
Attn: Jonathan Hartsell
26 Crimson Laurel Circle, Suite 2
Bakersville, NC 28705
Subject: 401 Water Quality Certification - Approval
Project Name: Rockhouse Creek Streambank Stabilization Project
DWQ Project # 2013 -1030
Mitchell County
French Broad / RockHouse Creek / 7- 2 -40 -4 / C; Tr
Dear Ms. Hollifield and Mr. Hartsell:
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 110 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 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.
Location: 2090 U.S. H�hway 70, Swannanoa, North Carolina 28778
Phone: 828 - 296-05001 FAX: 828 - 299 -7043
Internet www.ncwaterquality.org
An Equal Opporturdty 1 Affirmahve Action Employer

Rock House Creek Properties, LLC
November 19, 2013
Page 2 of 2
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:
Additional Conditions:
The stream is a Class C Trout Water and supports wild rainbow trout. In order to protect
downstream uses for Class C Trout Waters a requirement of this Certification is that any
additional work conducted within the stream may not occur between the dates of January 1
through April 15.
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 Resources under Section 401 of
the Clean Water Act. If you have any questions, please contact Tim Fox in the Asheville Regional Office at
(828) 296 -4664.
Sincerely,
for Thomas A. Reeder
TAR/trf
Enc: GC3885
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
David McHenry — NC Wildlife Resources Commission
Michael Wood - The Catena. Group, Inc.
WBSCP Unit — Central Office
File Copy
G: \WQ \SWP\ Mitchell \401s\Non- DOT\Rockhouse Creek\ APRVL .401RockHouseCreek.11- 19- 13.doc
Amount Approved nits
Plan Location or Reference
Stream
110 feet
Application Item 3.
Additional Conditions:
The stream is a Class C Trout Water and supports wild rainbow trout. In order to protect
downstream uses for Class C Trout Waters a requirement of this Certification is that any
additional work conducted within the stream may not occur between the dates of January 1
through April 15.
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 Resources under Section 401 of
the Clean Water Act. If you have any questions, please contact Tim Fox in the Asheville Regional Office at
(828) 296 -4664.
Sincerely,
for Thomas A. Reeder
TAR/trf
Enc: GC3885
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
David McHenry — NC Wildlife Resources Commission
Michael Wood - The Catena. Group, Inc.
WBSCP Unit — Central Office
File Copy
G: \WQ \SWP\ Mitchell \401s\Non- DOT\Rockhouse Creek\ APRVL .401RockHouseCreek.11- 19- 13.doc