20200588 Ver 2_Meeting Request Review_20201023

ID#* 20200588
Version* 2
Regional Office* Asheville Regional Office - [phone]
Reviewer List* Andrew Moore
Pre -Filing Meeting Request submitted 10/23/2020
Contact Name * Tyson Kurtz
Contact Email Address* [e-mail]
Project Name* Norton Ridge NOV
Project Owner* John Meshad
Project County* Macon
Owner Address: Street Address
32 Clayton Street
Address Line 2
aty State / Frovince / Region
Asheville NC
Rbstal / Zip Code Country
28801 United States
Is this a transportation project?* r Yes r No
Type(s) of approval sought from the DWR:
r- 401 Water Quality Certification - F 401 Water Quality Certification -
Regular Express
r- Individual Permit W Modification
r- Shoreline Stabilization
Does this project have an existing project ID#?*
r Yes r No
Please list all existing project ID's associated with this projects.*
DWR# 20-0588
Do you know the name of the staff member you would like to request a meeting with?
Andrew Moore
Please give a brief project description below.*
Water Quality Certification modification request for the Norton Ridge Road
project. The applicant is seeking authorization for two 20-foot culverts on
the restored S4 stream channel for construction access for the restoration
activities and future maintenance access to that portion of the property.

Please give a couple of dates you are available for a meeting.
10/30/2020
10/29/2020
Please attach the documentation you would like to have the meeting about.
Norton Ridge Permit Modification Request
3.8M6
10.23.2020.pdf
pdf only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature
Submittal Date 10/23/2020
Reviewer Meeting Request Decision
Has a meeting been scheduled?* r Yes r No

CLearWaLer
C1earWater Environmental Consultants, Inc.
www.cwenv com
October 23, 2020
Mr. David Brown
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-2638
Mr. Paul Wojoski
NC DWR, 401 Permitting & Buffer Unit
512 N. Salisbury Street, 9th Floor
Raleigh, North Carolina 27604
RE: Norton Ridge NOV +/- 5.5 AC
NWP 29 and 401 Water Quality Certification Modification Request
SAW-2019-02248 and NC DWR No. 20-0588
Macon County, North Carolina
Dear Mr. Brown and Mr. Wojoski,
Please reference the Nationwide Permit 29 issued by the US Army Corps of Engineers (Corps) dated June 16,
2020 and the Water Quality Certification 4139 issued by the NC Division of Water Resources (DWR) dated July
16, 2020 in response to the permit application submitted by C1earWater Environmental Consultants, Inc. (CEC),
on behalf of John Meshad.
The nationwide permit and water quality certification authorize 20 linear feet of permanent stream impact (culvert)
and 0.099 acres of permanent wetland impact (fill) within the residential property located at 5 Norton Prong Road
in Highlands, North Carolina (Appendix A). The stream and wetland restoration activities, per the Corrective
Action Plan (CAP) submitted June 9, 2020 (amended July 7, 2020), began on July 24, 2020.
The property owner is seeking a modification to the existing nationwide permit and water quality certification to
authorize an additional 40 linear feet of permanent stream impact. The property owner installed two 20-foot
culverts within the restored S4 channel to allow for access during construction (Figure l & 2). The culverts were
installed in the dry during the construction of the restored channels. The applicant is requesting authorization to
make the culverts a permanent impact to allow for maintenance and access to the remaining areas of his property.
Please do not hesitate to contact me at 828-698-9800 if you have any questions or comments.
Sincerely,
yson urtz
Biologist
l
y1 �
R. Clement Riddle, P.W.S
Principal
Courtesy Copy:
Andrew Moore - NCDEQ — Division of Water Resources (Asheville Regional Office)
32 Clayton Street
Asheville, NC 28801
828-698-9800 Tel

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Appendix A:
Nationwide Permit 29 issued by the US Army Corps
of Engineers (June 16, 2020)
And
Water Quality Certification 4139 issued by the NC Division of Water
Resources (July 16, 2020)

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2019-02248 County: Macon U.S.G.S. Quad: Highlands
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: John Meshad
Address: 1417 Kimlira Lane
Sarasota, FL 34231
Telephone Number: 941-343-9651
Email: 'meshad 'wmmana ement.com
Size (acres): 5.47 Nearest Town: Highlands
Nearest Waterway: UTs Norton Prone and Norton Prone Coordinates: 35.09434 N, 83.18893 W
River Basin/RUC: Upper Little Tennessee (06010202)
Location description: The site is a tract of land PIN 7541-75-3732 off Norton Ridge Road 0.21 miles north of the intersection
of Shortoff Road and Norton Rid a Road in Hi hlands Macon County. North Carolina.
Description of projects area and activity: This after -the -fact Permit verification authorizes 20 linear feet of Permanent stream
impacts to Norton Prong and 0.099 acres of permanent impacts to wetlands associated with installation of a culvert for a
stream crossing and clearing and aradins activities.
Special Conditions : Completion of the approved Corrective Action Plan and additional re uirements per the Corps' letter
dated June 16, 2020 (attached).
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 29, After -the -Fact
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions, above noted special conditions, and your submitted application and attached information dated May 4, 2020. Any
violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwidelregional permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the
modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is suspended, revoked, or is modified,
such that the activity would no longer comply with the terms and conditions of the nationwide/regional permit, activities which have
commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide/regional permit, will remain
authorized provided the activity is completed within twelve months of the date of the nationwide/regional permit's expiration,
modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the
authorization,
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvaWpermits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact David Brown at 828-271-7980, ext. 4232 or [e-mail].

CESAW-RG-A SAW-2019-02248
4'-�
Corps Regulatory Official: -- 7�--- — - Date: June 16, 2020
David Brown
Expiration Date of Verification: March 18, 2022
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete our Customer Satisfaction Survey, located online at hLtp://coEpsmLipu.usace-army.mil/cm a ex/f7=136:4:0.
Copy furnished (by email):
ClearWater Environmental Consultants, Inc., Clement Riddle, 32 Clayton Street, Asheville, NC 28801
[e-mail]
Roberts & Stevens, P.A., Billy Clarke, 301 College Street, Suite 400, Asheville, NC 28801
[e-mail]

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
June 16, 2020
Regulatory Division
Action ID: SAW-2019-02248
John Meshad
1417 Kimlira Lane
Sarasota, Florida 34231
Dear Mr. Meshad:
The Corps received and reviewed the Corrective Action Plan (CAP), submitted June 9
2020, for the Meshad Property Norton Ridge Road site in Macon County, North Carolina. The
CAP was submitted in response to the Corps' letter dated December 5, 2019, and subsequent
discussions for the restoration of jurisdictional streams and wetlands impacted without
authorization from the Department of Army. The Corps approves the submitted plan with the
following additional requirements:
1. Implementation and work performed in accordance with of the CAP will be overseen by
a qualified environmental firm to ensure the corrective measures are completed per the
approved plan and agency's additional requirements.
2. The Corps, NCDEQ-DWR, NCWRC, and Macon County will be notified prior to
demobilization of equipment and crews from the site for the stream and wetland
restoration activities. The purpose of this notification is to allow the agencies to inspect
the restoration measures prior to completion of the measures.
3. Three sediment monitoring stations shall be established in Norton Prong and adaptive
sediment monitoring shall be conducted and documented until the stream and wetland
restoration activities and upland pond construction have been completed. One station is to
be placed in the upstream reach of Norton Prong, where the stream enters the property;
one within the lower reach of Norton Prong below the existing culvert; and one in Norton
Prong where the stream exists the property.
4. Documentation of the data collected from the sediment monitoring stations shall be made
available to the agency upon request.
5. On -site stream, stream buffer, and wetland restoration activities are to be completed by
December 31, 2020.
6. Bare -root plantings activities can be conducted from December 2020-March 2021.
7. Work can be conducted in streams and wetlands at the site until December 31, 2020.
8. As -built stream, stream buffer, and wetland restoration plans are to be submitted to the
Corps and NCDEQ-DWR no later than March 1, 2021. The as -built plans, at a minimum,
shall include photo documentation at structures, a plan view diagram, a longitudinal
profile, and vegetation information (type, number and location of species planted).

9. The restored streams, stream buffers, and wetlands will be monitored for a period of 18
months. The purpose of the visual monitoring is to demonstrate and ensure that the
streams, stream buffers, and wetlands are effectively stable. If streams, stream buffers,
and/or wetlands are found to be unstable during the monitoring period, you will conduct
appropriate remedial measures to correct the problem. Visual monitoring of all restored
areas at the site are to be conducted at least four times during the monitoring period. At
least 4 months should separate each visual monitoring event.
10. A summary monitoring report is to be submitted to the Corps and NCDEQ-DWR within
60-days of the end of the required monitoring. At a minimum, this document is to include
photo logs of the monitoring events, a longitudinal profile of the streams, and a narrative
of any remedial measures conducted to correct problems.
Additional time to complete the CAP may be granted. Any request for an extension must
be submitted in writing and documents the reasons an extension is needed. No additional work in
waters of the U.S. shall occur without prior notification to this office and any other state or local
agencies, except those needed to complete the CAP and actions taken as emergency corrective
measures to abate further sediment flow into jurisdictional streams and wetlands in order to
prevent and minimize additional sediment releases to aquatic resources.
Should you have any further questions related to this matter, please contact me, (828) 271-
7980, extension 4232 or [e-mail].
Sincerely,
V— � —
David Brown, P.G.
Regulatory Specialist
Copy (by email):
Mr. Andrew Moore, NCDEQ - DWR
[e-mail]
Ms. Andrea Leslie, NCWRC
[e-mail]
Mr. Joe Allen, Macon County — Planning, Permit, and Development Department
[e-mail]
Mr. Clement Riddle, C1earWater Environmental Consultants, Inc.
[e-mail]
Mr. William Clark, Roberts & Stevens Attorneys at Law
[e-mail]

DocuSign Envelope ID: D4A65846-A63D-4A52-92FF-FF30BB305F66
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANI£L SMITH
Director
John W. Meshad
1417 Kimlira Lane
Sarasota, FL 34231
NORTH CAROLINA
Environmental Quality
July 16, 2020
DWR# 20-0588
Macon County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Norton Ridge NOV
Dear Mr. Meshad:
You have our approval for the impacts listed below for the purpose described in your
application dated April 29, 2020, received by the Division of Water Resources (Division) May 4,
2020, with fee received May 7, 2020, and additional information received June 4, 2020, June
11, 2020, and July 8, 2020. These impacts are covered by the attached Water Quality General
Certification Number 4139 and the additional conditions listed below. This certification is
associated with the use of Nationwide Permit Number 29 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, Water Supply Watershed, and Trout Buffer
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)]
D E Qom, _ North Carolina Department of Environmental Quality I Division of Water Resources
wJ�}/� Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
N11H fH (:A�i(1!.INA �
0­O'tore'wml talQ"I 828.296,4500

DocuSign Envelope ID: D4A65846-A63D-4A52-92FF-FF30BB305F66
Norton Prong NOV
DWR# 20-0588
401 Approval
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W4
0.099 (acres)
Stream
S5
20 (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 and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
3. The permittee shall report to the Asheville Regional Office any noncompliance with this
Certification, any violation of stream or wetland standards [15A NCAC 02B .02001
including but not limited to sediment impacts, and any violation of state regulated
riparian buffer rules [15A NCAC 02B .02001. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee
became aware of the circumstances. A written submission shall also be provided within
5 business days of the time the permittee becomes aware of the circumstances. The
written submission shall contain a description of the noncompliance and its causes; the
period of noncompliance, including exact dates and times, if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case -
by -case basis.
4. The Corrective Action Plan (CAP), dated June 9, 2020, which addresses restoration of
unauthorized impacts to streams and wetlands on the property, shall be implemented.
The CAP shall follow the additional requirements described in the U.S. Army Corps of
Engineers June 16, 2020 CAP approval letter. [15A NCAC .0506 (b)(3) and (c)(3)]
5. Norton Prong (WS-II; Trout, HQW) shall be monitored for turbidity and sedimentation
throughout the duration of the project. If water quality standards are contravened,
work shall cease immediately and the permittee shall contact Andrew Moore with the
Division at 828-296-4684. [15A NCAC 02B .0200]
6. The water release structure for the dam must be designed for mid -column release
during normal flows and during low flow conditions. To help minimize temperature

DocuSign Envelope ID: D4A65846-A63D-4A52-92FF-FF30BB305F66
Norton Prong NOV
DWR# 20-0588
401 Approval
Page 3 of 4
elevation in waters downstream, trees should be planted and maintained along the
pond perimeter, but not on the dam. Native trees (e.g. river birch, sycamore, red maple)
should be planted along the pond if trees are removed or if additional shading of the
pond surface is needed. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC .02B
.0200)
7. Any additional impacts to streams and/or wetlands as a result of future roads, buildings,
driveways, utility lines or other development on the property will require a modification
of the 401 Water Quality Certification approval. [15A NCAC 02H .05021
8. Please be aware that by having impacted streams without first applying for and securing
the issuance of a 401 Water Quality Certification, you have violated Title 15A of the
North Carolina Administrative Code (NCAC) 02H .0500. Title 15A NCAC 02H .0500
requires certifications pursuant to Section 401 of the Clean Water Act whenever
construction or operation of facilities will result in a discharge into navigable waters,
including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It
also states any person desiring issuance of the State certification or coverage under a
general certification required by Section 401 of the Federal Water Pollution Control Act
shall file with the Director of the North Carolina Division of Water Quality. Pursuant to
G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty
assessment of up to a maximum of $25,000.00 per day for each violation. [15A NCAC
02H .0500)
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
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.

DocuSign Envelope ID: D4A65846-A63D-4A52-92FF-FF30BB305F66
Norton Prong NOV
DWR# 20-0588
401 Approval
Page 4 of 4
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
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H .0500. Please contact Andrew Moore at 828-296-4684 or
[e-mail] if you have any questions or concerns.
Sincerely,
EDocuSigned by:
���
p�
7E617A38285848C...
G. Landon Davidson, P.G., Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4139
Certificate of Completion
cc: Clement Riddle — ClearWater Environmental Consultants, Inc. (via email)
Tyson Kurtz — ClearWater Environmental Consultants, Inc. (via email)
Andrew Bick— Headwaters Engineering, PC (via email)
David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
Stan Aiken — Division of Energy, Mineral and Land Resources (via email)
Joe Allen — Macon County (via email)
DWR ARO file
DWR 401 & Buffer Permitting Branch file
G:\WR\WQ\Macon\401s\Non-DOT\Norton Prong NOV\20200716_NortonProngNOV_APPRVL.docx