20180312 Ver 1_More Info Received_20180319

Moore, Andrew W
From: Adam Williams <[e-mail]>
Sent: Monday, March 19, 2018 10:15 AM
To: Moore, Andrew W
Cc: Tuemmeler, Amanda J CIV (US)'
Subject: [External] RE: Request for Additional Information, Cane Creek Stream Restoration,
Mitchell County (DWR Project # 20180312)
Attachments: Diller COL SIGNED.pdf; McKinney MOU SIGNED.pdf; Smith MOU SIGNED.pdf
• External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
m.
Andrew,
Attached find the Memorandum of Agreement(s) (MOU) tying the project landowners to the Resource Institute (RI).
Here is a brief explanation:
• The two MOU's give RI the authority to sign the applicable Agent Authorizations — specific to McKinney and
Smith;
• The NRCS Control of Land Form gives leasing authority to Smith by the Diller's.
Let me know if you have any questions. Thanks,
Adam Williams, PWS
Brushy Fork Environmental Consulting, Inc.
10565 Highway 421 South
Trade, Tennessee 37691
ph: 423.727.4476
cell: 828.773.3820
www.bfec.org
"Whether you think you can, or you think you can't --you're right." - Henry Ford
En
40
G
From: Moore, Andrew W [mailto:[e-mail]]
Sent: Thursday, March 15, 2018 1:50 PM
To: Adam Williams

Cc: Fuemmeler, Amanda J CIV (US)
Subject: Request for Additional Information, Cane Creek Stream Restoration, Mitchell County (DWR Project # 20180312)
Adam,
On March 2, 2018, the Division of Water Resources (Division) received your application dated December 15, 2017,
requesting a 401 Water Quality Certification from the Division for the subject project. The Division has determined that
your application is incomplete and cannot be processed. The application is on hold until the following item is addressed:
1. The project applicant, Resource Institute, is not the owner of the property on which the project is proposed.
Please provide documentation from all property owners granting Resource Institute authorization to apply for
certification. In addition, the application is not signed by the applicant. Please provide an agent authorization
letter delegating signature authority. [15A NCAC 02H .0502(f)]
Pursuant to Title 15A NCAC 02H .0502(c), the applicant shall furnish all of the above requested information for the
proper consideration of the application. If all of the requested information is not received within 30 days, the Division
will be unable to approve the application and it will be returned.
Feel free to contact me if you have any questions.
Andrew W. Moore, P.G.
Environmental Specialist — Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ — Division of Water Resources
828 296 4684 office
email: [e-mail]
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

A NC- MRCS COL Worksheet
USDA Jan 2014
AGREEMENT TO ALLOW INSTALLATION OF CONSERVATION PRACTICES
Land under contract shall have a leasetrent agreement for the length of the contract. Landowners will provide their
permission for the participant to install structurallvegetative practices. Some practices may have a longer lifespan that could
exceed the length of the contract.
LANDOWNER NAME (Please Print)
RUSSELL J ©ILLER -- - - -
TELEPHONE # HOME
843-263-9698 --------- - - - -- - - ..�
LANDOWNER ADDRESS {Please Pring �wuck aj
pobox 817
beaufort SC 29901
TELEPHONE # CELL (Bl—k4)
-
LESSEE OR RENTER NAME Please Pring [�I�kS( -
GERTRUDE G SMITH
TELEPHONE # HOME--
828-688-3886
LESSEE OR RENTER ADDRESS Please Print)
TELEPHONE # CELL [eroks}
1529 CANE. CREEK RD-
BAKERSVILLE NC 287051^—_._—..
LEASE OR RENTAL PERIOD START DATE pw k6j
_ 613/2016_ V —_ -- .--_ _ _ _
NUMI3
FARM ER(S) AND TRACT NU-M-BER(S) FOR
PROPERTY [91od iij
FN 2805 Tract 1062, -- -- .._. � - -
LEASE OR RENTAL PERIOD END DATE {Bluck,,
�- � � _ 1213112036
LAND THAT 1S LEASED OR RENTED BY THE
LESSEEIRENTER: such as field numbers, all cropland,
etc. (BI—* zi
Field 1
FN 2805 Tract 9790
Field 1
LIFESPAN YEARS OF THE PRACTICE j ,xk,A)
20 years
CONSERVATION PRACTICE NAME and/or COD_ E(61xk,3,
580 Streambank and Shoreline Protection v
584 Channel Bed Stabilization
342 Critical Area Planting - -
812 TreelShrub Establishment
572 Spoil Spreading -
10y ears
10 years - —
15 years
1 years ^-^------�___
as landowner(s) of record to the Farm Property listed above do hereby concur that the referenced lessee or renter may
proceed with a NRCS contract containing the listed Structural/Vegetative conservation practice(s). I understand that
StructuraWegetative conservation practice(s) must be maintained for the lifespan of the practice above. felock 14 above)
-(Signature in block 15 below)
AND/OR _.....—._
1 ertify the he above referenced lessee or renter has Use of the Land described above for the inclusive
ates as indica ed a Eocks 9 and io). (signature in block 15 below)
G
SIGNA
[Block li,
DATE
DATE
6/3/2016
DATA!^ [91ock 18, --
6/3/2016
USDA is an equal opporlunity provider and employer.

To Whom It May Concern,
I hereby do consent to let Gertrude Smith install the following practices on my property which is
described in the 1202 contract document (74453216102) signed by myself Russell Diller and Gertrude
Smith. I understand that these practice will be installed to fix current problems with the stream that
runs through our properties and I understand the life spans of the practices being installed.
— `1/ �j Date
and Shoreline Protection ft
1,800.0
2017
Planned
20 years
Channel Bed Stabilization ft
1,075.0
2017
Planned
10 years
L4612Streambank
Critical Area Planting ac
1.4
2017
Planned
10 years
Tree/Shrub Establishment ac
0.5
2017
Planned
15 years
— `1/ �j Date

Resource Institute (RI) is anon -profit organization that assists organizations and
individuals in carrying out projects to protect natural and human resources while promoting
economic development. RI can assist with projects in a variety of ways, including, but not limited
to, fund-raising, administering project funds, and contracting for services needed to complete a
project. RI has recently adopted a project referred to as the Western North Carolina Stream,
Initiative to help farmers and landowners address eroding stream banks that are negatively
affecting them through loss of property, hazards for livestock, sediment transport into a stream and
degraded aquatic habitat. The farmer/landowner has either initiated an application for assistance
through USDA/NRCS's EQIP program or has already signed an agreement/contract for assistance
with USDA/NRCS's EQIP program. RI's role is to help attain the funding, for the design,
construction oversight and unmet construction needs of the work for sites with current EQIP
program agreements/contracts through USDA/NRCS.
RI will assist the farmer/landowner by helping to address issues related to managing and
contracting for the required design, planning, permitting and construction work for stream
enhancement practices on the site, as well as necessary structure work, and bank stabilization. RI's
objective is to help address current water quality degradation issues; however, work cannot be
guaranteed for acts of nature related to flood events. RI is working with NRCS, Conservation
Districts and the fariner/landowner to help reduce those impacts as much as possible.
In providing services to the farmer/landowner on this tract of land for stream
restoration/stabilization activities to be performed we thereby mutually agree to the following
items:
1. The fa�nrer/landowner will allow ingress and egress for all activities related to the stream
RI and
s agents,
such as: surveys, engineering, construction, monitoring, etc. far
RI and its agents.
2. Farmer/landowner will follow the contractual guidance in the EQIP program with USDA,
NRCS,
3. Farmer/landowner will allow NRCS to provide RI with a copy of the associated NRCS
EQIP, application, contract and/or contract modifications, and appendix for the purpose
of allowing RI to share with RI's other funders in an effort to help obtain matching
dollars. (Initial/date) �e4l S- /� -A�
4. RI will serve as the financial manager for all funds related to the stream
restoration/stabilization activities received for the project.
5. RI will provide project management services such as, obtaining the technical resources,
bidding and contracting of project elements, and project construction oversight.
6. RI will work with farmers/landowners to resolve differences between construction costs
and payment schedule rates.

Signature Sheet:
Stream Restoration Project Agreement Letter
County
Farmer/landowner Print Name
X
Stream Length
Title
Farmer/landowner Signature�and Title
Date
Email Address of
Phone Number
Resource Institute Incorporated
Institute RC&D, Inc.
Date
�Q he Cvce i�-
Stream Name

Mutual Agreement
for
Stream Restoration Project
Resource Institute (RI) is a non-profit organization that assists organizations and
individuals in carrying out projects to protect natural and human resources while promoting
economic development. RI can assist with projects in a variety of ways, including, but not limited
to, fund-raising, administering project funds, and contracting for services needed to complete a
project. RI has recently adopted a project referred to as the Western North Carolina Stream
Initiative to help farmers and landowners address eroding stream banks that are negatively
affecting them through loss of property, hazards for livestock, sediment transport into a stream and
degraded aquatic habitat. The farmer/landowner has either initiated an application for assistance
through USDA/NRCS's EQIP program or has already signed an agreement/contract for assistance
with USDA/NRCS's EQIP program. RI's role is to help attain the funding, for the design,
construction oversight and unmet construction needs of the work for sites with current EQIP
program agreements/contracts through USDA/NRCS.
RI will assist the farmer/landowner by helping to address issues related to managing and
contracting for the required design, planning, permitting and construction work for stream
enhancement practices on the site, as well as necessary structure work, and bank stabilization. RI's
objective is to help address current water quality degradation issues; however, work cannot be
guaranteed for acts of nature related to flood events. RI is working with NRCS, Conservation
Districts and the farmer/landowner to help reduce those impacts as much as possible.
In providing services to the farmer/landowner on this tract of land for scream
restoration/stabilization actives to be performed we thereby mutually agree to the following
items:
1. The farmer/landowner will allow ingress and egress for all activities related to the stream
restoration/stabilization such as: surveys, engineering, construction, monitoring, etc. far
RI and its agents.
2. Farmer/landowner will follow the contractual guidance in the EQIP program with USDA,
NRCS.
3. Farmer/landowner will allow NRCS to provide RI with a copy of the associated NRCS
EQIP, application, contract and/or contract modifications, and appendix for the purpose
of allowing RI to share with RI's other funders in an effort to help obtain matching
dollars. (Initial/date)/26(%�
4. RI will serve as the financial manager for all funds related to the stream
re storation/stabilization activities received for the project.
5. RI will provide project management services such as, obtaining the technical resources,
bidding and contracting of project elements, and project construction oversight.
6. RI will work with farmers/landowners to resolve differences between construction costs
and payment schedule rates.

SirMnature Sheet:
Stream Restoration Project Agreement Letter
1 �uu
County Stream Length
Farmer/landowner Print
he�
Name and Title
Farnaer/landowner Signature and Title
I L4 k G
Date
Email
Phone Number
Resource Institute Incorporated
Chairman, Resource Institute RC&D, Inc.
Date
2
c�
Stream Name