20181032 Ver 1_Approval Letter_20200804

August 4, 2020 DWR # 18-1032 Henderson County NC Division of Mitigation Services Attn: Lin Xu 217 West Jones Street, Suite 3000A Raleigh, North Carolina 27603 Wildlands Engineering, Inc. Attn: Eric Neuhaus 167-B Haywood Road Asheville, North Carolina 28806
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Banner Farm Mitigation Project Dear Mr. Xu and Mr. Neuhaus: You have our approval for the impacts listed below for the purpose described in your application dated July 8, 2020, received by the Division of Water Resources (Division) July 8, 2020. These impacts are covered by the attached Water Quality General Certification Number 4134 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 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 certification(s) 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. [15A NCAC 02H .0506(b) and/or (c)]
Banner Farm DWR# 18-1032 Page 2 of 4

Type of Impact

Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary Stream S1 3,272 (linear feet) 0 (linear feet) S2 733 0 S3 0 145 S4 1,930 0 S5 0 23 Total 5,935 168 404/401 Wetlands W1 0.262 (acres) 0 (acres) W2 0 0.276 W3 0.089 0 W4 0.116 0 W5 0 0.003 W6 0 0.026 W7 0 0.005 W8 0.127 0 W9 0 0.024 W10 0.111 0 W11 0.150 0 W12 0 0.040 W13 0.003 0 W14 0 0.002 W15 0.001 0 W16 0 0.012 W17 0.002 0 W18 0 0.138 W19 0.002 0 W20 0 0.145 W21 0.009 0 W22 0 0.903 W23 0.607 0 W24 0 0.040 W25 0.004 0 W26 0 0.041 W27 0.002 0 W28 0 0.002 W29 0.002 0 W30 0 0.284 Total 1.487 1.941
Banner Farm DWR# 18-1032 Page 3 of 4

Open Water OW1 0.4 (acres) 0 (acres) Total 0.4 0 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. [15A NCAC 02H .0507(d)(2)] 3. The issuance of the 401 Water Quality Certification for the restoration/enhancement project does not represent an approval of credit yield for the project. [15A NCAC 02H .0500(h)] 4. You have our approval for your proposed final stream and wetland enhancement/ restoration plan. The stream and wetland enhancements/restorations must be constructed, maintained, and monitored according to the plans approved by this Office and this Certificate of Coverage. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. [15A NCAC 02H .0506(h)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] 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 [phone] 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 [phone], 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.
Banner Farm DWR# 18-1032 Page 4 of 4

Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS,
FedEx, etc): Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 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 Erin Davis at 919-817-0360 or [e-mail] if you have any questions or concerns. Sincerely, Paul Wojoski, Supervisor 401 & Buffer Permitting Branch Enclosures: GC 4134 cc: Todd Tugwell, Kim Browning, USACE Raleigh Regulatory Field Office (via email) Andrew Moore, DWR Asheville RO 401 file DWR 401 & Buffer Permitting Branch file Filename: 181032BannerFarm(Henderson)_401_approval_ltr.Aug.4,2020.docx