20140881 Ver 1_Approval Letter_20140924

NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E Skvarla, III
Governor Secretary
September 24, 2014
Dugger Valley Inv. Group LLC
Attn: Jim Pitts
3379 Peachtree Rd, Suite 360
Atlanta GA 30326 -1418
T &T Legacy, LLC
Attn: Greg A Tarbutton
PO Box 17
Blowing Rock, NC 28605
D W R # 14 -0881
Watauga County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Horton Branch Trail /Blue Ridge Mountain Club
Dear Mr Pitts and Mr. Tarbutton:
You have our approval for the impacts listed below for the purpose described in your
application dated August 8, 2014, received by the Division of Water Resources (Division) August
14, 2014, with subsequent information on September 5, 2014 and September 23, 2014 These
impacts are covered by the attached Water Quality General Certification Number 3890 and the
conditions listed below This certification is associated with the use of Nationwide Permit
Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you
should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge,
and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certifications) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts.
Winston -Salem Regional Office
Location 585 Waughtown St Winston -Salem North Carolina 27107
Phone [phone] \ FAX [phone] ; Customer Service 1 -877- 623 -6748
Internet http,,porral ncdenrorglweblwq,ws
An Equal Opportunity N Affirmative Action Employer

Dugger Valley Inv Group LLC
T &T Legacy, LLC
DWR# 14 -0881
401 APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Site 1
25 (linear feet)
14 (linear feet)
Site 2
11 (linear feet)
14 (linear feet)
Site 3
25 (linear feet)
14 (linear feet)
Site 4
25 (linear feet)
14 (linear feet)
Site 5
25 (linear feet)
14 (linear feet)
Site 6
10 (linear feet)
Site 7
10 (linear feet)
Site 8
10 (linear feet)
Site 9
10 (linear feet)
Site 10
10 (linear feet)
404/401 Wetlands
Site W1
0.002 (acres)
Site W2
0.003 (acres)
Site W3
0.002 (acres)
Site W4
0.02 (acres)
Site W5
0.003 (acres)
Site W6
0.001 (acres)
Site W7
0.002 (acres)
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification.
If you change your project, you must notify the Division and you may be required to
submit a new application package with the appropriate fee. If the property is sold, the
new owner must be given a copy of this approval letter and General
Certification (s) /Permit /Authorization and is responsible for complying with all
conditions.
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property
until the project phase is completed.
4. The Division approves this project as a low density development because the site plan
depicts an impervious surface area of under 24% and a stormwater drainage system
that consists primarily of vegetated conveyances The following conditions also apply-

Dugger Valley Inv Group LLC
T &T Legacy, LLC
DWR# 14 -0881
401 APPROVAL
Page 3 of 4
a) A deed restriction shall be placed on the tract in order to limit the amount of
impervious surface area to less than 24 %.
b) This tract shall be held, transferred, sold, conveyed, developed and occupied subject
to the requirement that upon development of this tract, the then owner shall
develop a stormwater management plan approved by the Division if the total
impervious area resulting from development of the Property is 24% or more of the
total area of the Property.
c) This restriction contained herein shall be binding upon the owner's successors and
assigns, and shall be perpetual and run with the land until released or amended by a
release or amendment approved by the Division.
d) These two documents shall be filed with the Register of Deeds, Watauga County,
North Carolina.
a) If a compliance inspection reveals an impervious surface area of 24% or greater,
then you will be in violation of this Condition and required to comply with the
requirements of General Certification 3890.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days
A petition form may be obtained from the OAH at http. / /www.ncoah.com/ or by calling the
OAH Clerk's Office at (919) 431 -3000 for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official
state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, FedEx, etc)
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285

Dugger Valley Inv Group LLC
T &T Legacy, LLC
DWR# 14 -0881
401 APPROVAL
Page 4 of 4
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water Act
Please contact Sue Homewood at 336 - 771 -4964 or sue.homewood @ncdenr gov if you have any
questions or concerns.
Sincerely,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3890
cc: John Vilas, McGill Associates (via email)
Patrick Warren, BRMC (via email)
Tasha Alexander, USACE Asheville Regulatory Field Office (via email)
Ashley Rodgers, DEMLR (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit