20150012 Ver 1_Approval Letter_20150105

North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
January 21, 2015
DWR # 15 -0019
Rutherford County
Bryant and Cheryl Smith
275 South Rugby Road
Hendersonville, North Carolina 28791
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
147 Tryon Bay Circle - Rutherford County -Bank Stabilization
Dear Mr. and Mrs. Smith:
In accordance with your application dated January 5, 2015, approval has been granted for the
impacts listed in the table below. This approval requires you to follow the conditions listed in
the enclosed certification(s) or general permit and any additional conditions listed below.
Project impacts are covered by the attached Water Quality General Certification Number 3898
and the conditions listed below. This certification is associated with the use of General Permit
Number 30 issued by the U.S. Army Corps of Engineers. Please note that you should obtain or
otherwise comply with any other federal, state or, local permits before proceeding with your
project, including those required by (but not limited to) Erosion and Sediment Control, Water
Supply Watershed and Trout Buffer regulations.
ADDITIONAL CONDITIONS
1. 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/Authorization. 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.
2. 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.
1601 Mail Service Center, Raleigh, North Carolina 27699 -1601
Phone: [phone] t Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

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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 150B 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: If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27600 -6285
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 as
described in 15A NCAC 02H 0.500. Please contact Ed Williams at (828) 296 -4686 or
ed.williamsnncdenr.gov if you have any questions or concerns.
Sincerely,
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office

Enclosures: GC 3898
Certificate of Completion
EEP Guidelines for Riparian Buffer Restoration
cc: DWR ARO 401 files
William Elliot USACE Asheville Regulatory Field Office =
Andrea Leslie, NC Wildlife Resources Commission
Laura Herbert, DEMLR
G: \WR \WQ \Rutherford \401s\Non- DOT\Smith 147 Tryon Bay Circle\APRVL.401Smith Bank Stabilization. 1 -1 6-M 1 5.doc

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