20181245 Ver 2_USACE Permit_20201210

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
December 10, 2020
Regulatory Division
Action ID No. SAW-2018-00170
Mr. Wayne Smith
Tinsel Town, LLC
51 Bridge Street
Sylva, North Carolina 28779
Dear Mr. Smith:
On September 10, 2019, the Department of the Army issued a permit to Tinsel Town,
LLC, for a residential development in Sylva, Jackson County, North Carolina. By letter on July
28, 2020, in accordance with special condition 1 of the issued permit, Tinsel Town notified the
Corps there is a change of project use, design, and stormwater management. These changes do
not alter the authorized amount or locations of impacts to waters of U.S. for the project.
The attached plans and approved Individual Water Quality Certification (DWR #
20181245v2) dated October 26, 2020 are added to Corps issued permit. All conditions of the
original permit remain applicable and the expiration date is unchanged.
Sincerely,
David Brown, PG
Regulatory Specialist
Asheville Regulatory Field Office
Enclosures
Copy:
NC DENR - Division of Water Resources (via email)
NC WRC - (via Email)

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PROPOSED IMPACT SITE PLAN _
PT END 30" CMP
TOTAL PROJECT AREA + /— 22.31 ACRES
JURISDICTIONAL WATERS OF THE U.S.
STREAMS
WETLANDS
OPEN WATER
2875 LF
5.53 ACRES
3.33 ACRES
JURISDICTIONAL IMPACTS
OPEN WATER
STREAMS
STREAMS
(PERMANENT)
WETLANDS
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(TEMPORARY):
AVOIDANCE/MINIMIZATION
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0.0 ACRES
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OPEN WATERS 0.65 ACRES
WETLANDS 5.53 ACRES
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IMPACT SITE PLAN
PROJECT NO.
18-0627
DRAWN BY:
W.A.S.
CHECKED BY:
W.A.S.
SCALE
AS SHOWN
DATE :
7 27 2020
SHEET
1.1
PRELIMINARY FOR REVIEW PURPOSES ONLY

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PROPOSED LEGEND (EXCEPT AS NOTED)
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AREA OF POND IN
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EDGE OF PAVEMENT
25' TROUT BUFFER ZONE LIMITS
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RASE II EROSION CONTROL PLAN
PROJECT NO.
18-0627
DRAWN BY:
W. A. S.
CHECKED BY:
W.A.S.
SCALE
1:40
DATE
7/27/2020
SHEET
C.3
FOR REVIEW PURPOSES ONLY - NOT FOR CONSTRUCTION

DocuSign Envelope ID: B33DFBF5-CC67-41 D2-BAEE-4BB2C6355193
ROY COOPER
Goyernor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Tinsel Town LLC
Attn: Wayne Smith
51 Bridge St
Sylva NC 28779
rl��QIlAH �/�
NORTH CAROLINA
Environmental Quality
October 26,2020
DWR # 20181245 v2
Jackson County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Tinsel Town Development
USACE Action ID. No. SAW-2018-00170
Dear Mr. Smith:
Attached hereto is a copy of Certification No. WQC004191 issued to Mr. Wayne Smith and Tinsel Town
LLC, dated October 26, 2020. This Certification replaces the Certification issued on June 11, 2019.
Please note that you should get any other federal, state or local permits before proceeding with the
subject project, including those required by (but not limited to) Sediment and Erosion Control, Non -
Discharge, and Water Supply Watershed regulations.
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 [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.
Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
et-ro,0'-0-'-E512 North Salisbury Street � 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NOR7. CAROLINA Q
o®Pa ltmftWW1 —1UUII 919.707.9000

DocuSign Envelope ID: B33DFBF5-CC67-41 D2-BAEE-4BB2C6355193
Tinsel Town Development
DWR Project #20181245 v2
Individual Certification #WQC004191
Page 2of7
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, INC 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, INC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500 and 15A NCAC 02B .0200. Please contact Sue Homewood at 336-776-9693 or
Sue. [e-mail] if you have any questions or concerns.
Sincerely,
EPDOCUS'gned by:
~IW10
99D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Clement Riddle, ClearWater Environmental (via email)
David Brown, USACE Asehville Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20181245v2TinselTownDev(Jackson)_401_IC.docx

DocuSign Envelope ID: B33DFBF5-CC67-41 D2-BAEE-4BB2C6355193
Tinsel Town Development
DWR Project #20181245 v2
Individual Certification #WQC004191
Page 3of7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004191 is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500, to
Mr. Wayne Smith and Tinsel Town LLC, who have authorization for the impacts listed below, as described
within your modification request received by the N.C. Division of Water Resources (Division) on August 14,
2020 and subsequent information on August 17, 2020, September 11, 2020, September 23, 2020,
September 30, 2020, October 5, 2020 and October 14, 2020.
The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application,
the supporting documentation, and conditions hereinafter set forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
6. The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Open Waters
2.68 (acres)
0 (acres)
Stream
Dam stabilization
42 (linear feet)
0 (linear feet)
Streambank stabilization
from temporary pond
drain pipe
0 (linear feet)
17 (linear feet)
7. This approval is for the purpose and design described in your application and as described in the
Public Notice and in subsequent information submitted to the Division. The plans and specifications
for this project are incorporated by reference and are an enforceable part of the Certification. Any
modifications to the project require notification to DWR and may require an application submittal to
DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502]
8. Scott Creek and the Tuckasegee River are classified as Trout Waters. In order to protect
downstream uses as Trout Waters a requirement of this Certification is that the pond dewatering
and any work conducted within the stream or streambanks may not occur between the dates of
January 1 through April 15. [15A NCAC 02H .0506 (b)(2) and 15A NCAC 04B .0125]
9. The Permittee shall visually inspect Scott Creek at the stilling basin discharge point daily during
dewatering and dredging activities for increased turbidity and immediately cease activities if there is
an increase in turbidity. If increased turbidity is noted during inspections the Permittee shall notify
the Division of Water Resources Asheville Regional Office and the INC Wildlife Resources Commission
immediately upon discovery.

DocuSign Envelope ID: B33DFBF5-CC67-41 D2-BAEE-413132C6355193
Tinsel Town Development
DWR Project #20181245 v2
Individual Certification #WQC004191
Page 4of7
10. The Division approves the Stormwater Management Plan (SMP) consisting of a subsurface
infiltration system (Triton) and all associated stormwater conveyances, inlet and outlet structures,
and the grading and drainage patterns depicted on plan sheets dated September 30, 2020 and
October 14, 2020, which are incorporated by reference and are enforceable by the Division. The
following conditions also apply [15A NCAC 02H .0506(b)(5)]:
The maximum allowable drainage area for the approved subsurface infiltration system
shall be 140,699 square feet and the maximum allowable built -upon area within that
drainage area shall be 102,366 square feet. The overall built -upon area (BUA) for the
project shall be maintained at or below those identified in the approved drawings. Any
changes to these allowable maximum areas shall require the applicant to submit and
receive approval from the Division prior to any construction or modification of the current
site..
b. The footprint of all stormwater management device(s) as well as an additional 10-foot
wide area on all sides of the device(s) shall be located in either public rights -of -way,
dedicated common areas or recorded easement areas. The final plats for the project
showing such rights -of -way, common areas and easement areas, shall be in accordance
with the approved plans.
c. The approved SMP shall be constructed and operational before any permanent building or
other structure is occupied at the site.
d. The SMP may not be modified without prior written authorization from the Division.
Maintenance activities for stormwater management device(s) shall be performed in
accordance with the notarized O&M agreements signed by Billy D. Smith (of Tinsel Town,
Inc.) on October 14, 2020. The O&M agreement shall transfer with the sale of the land or
transfer of ownership/responsibility for the approved SMP. The Division shall be notified
promptly of every transfer.
f. If any erosion problems are observed in the surface waters downslope of the stormwater
discharge points, then you shall immediately repair and correct the problem and prevent
further damage and sediment discharge to the receiving surface waters. Please be aware
that these repairs may require you to obtain a 404 Permit from the Corps and a 401
Certification from the Division.
g. Upon completion of construction and prior to operation of the approved stormwater
control device(s), a certification from an appropriate designer for the device certifying that
it has been installed in accordance with the approved plans, specifications, and other
supporting documentation, shall be submitted to the Division (C/O Chonticha McDaniel;
1617 Mail Service Center, Raleigh, INC 27699-1617).
11. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of
the impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H
.0501 and .0502]
12. All construction activities shall be performed and maintained in full compliance with G.S. Chapter
113A Article 4 (Sediment and Pollution Control Act of 1973).

DocuSign Envelope ID: B33DFBF5-CC67-41 D2-BAEE-413132C6355193
Tinsel Town Development
DWR Project #20181245 v2
Individual Certification #WQC004191
Page 5of7
13. Sediment and erosion control measures shall not be placed in wetlands or waters except within the
footprint of temporary or permanent impacts authorized under this Certification. [15A NCAC 02H
.0501 and .0502]
14. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands. [15A NCAC 02B .0201]
15. Tall Fescue and Sericea Lespedeza shall not be used in streambank stabilization areas. [15A NCAC
02B .0201]
16. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that
disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated in the conditions of the permit. If the
project is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and
reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)]
17. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in
contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and
Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion
structures shall be used to minimize excavation in flowing water. [15A NCAC 02H .0506(b)(3) and
(c)(3)]
18. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes
the risk of contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC
02B .0231]
19. If concrete is used during construction, then all necessary measures shall be taken to prevent direct
contact between uncured or curing concrete and waters of the state. Water that inadvertently
contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .0200]
20. No temporary impacts are allowed beyond those included in this Certification. All temporary fill and
culverts shall be removed, and the impacted area shall be returned to natural conditions within 60
calendar days after the temporary impact is no longer necessary. The impacted areas shall be
restored to original grade, including each stream's original cross -sectional dimensions, planform
pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized
with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
21. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required by,
but not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.

DocuSign Envelope ID: B33DFBF5-CC67-41 D2-BAEE-4BB2C6355193
Tinsel Town Development
DWR Project #20181245 v2
Individual Certification #WQC004191
Page 6of7
22. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other
toxic materials. Construction shall be staged in order to minimize the exposure of equipment to
surface waters to the maximum extent practicable. Fueling, lubrication and general equipment
maintenance shall not take place within 50 feet of a waterbody or wetlands to prevent
contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211
(12)]
23. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
24. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than
25 gallons that cannot be cleaned up within 24 hours.
25. Mr. Wayne Smith and Tinsel Town LLC shall conduct construction activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
section 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal
law. [15A NCAC 02B .0200] If the Division determines that such standards or laws are not being met
(including the failure to sustain a designated or achieved use) or that State or federal law is being
violated, or that further conditions are necessary to assure compliance, the Division may reevaluate
and modify this Certification. Before modifying the Certification, the Division shall notify Mr. Wayne
Smith and Tinsel Town LLC and the U.S. Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with
15A NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. Wayne Smith and
Tinsel Town LLC in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any
Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of
the 404 Permit for the project.
26. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on the
DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)]
27. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]
28. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or
any right of use in any waters. This Certification does not authorize any person to interfere with the
riparian rights, littoral rights, or water use rights of any other person and this Certification does not
create any prescriptive right or any right of priority regarding any usage of water. This Certification
shall not be interposed as a defense in any action respecting the determination of riparian or littoral
rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to
possess any prescriptive or other right of priority with respect to any other consumptive user
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.

DocuSign Envelope ID: B33DFBF5-CC67-41 D2-BAEE-413132C6355193
Tinsel Town Development
DWR Project #20181245 v2
Individual Certification #WQC004191
Page 7of7
29. This certification grants permission to the director, an authorized representative of the Director, or
DENR staff, upon the presentation of proper credentials, to enter the property during normal
business hours. [15A NCAC 02H .0502(e)]
30. Non-compliance with or violation of the conditions herein set forth by a specific project may result
in revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
31. The permittee shall report to the Asheville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not
limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC
02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the applicant became aware of the circumstances. A written
submission shall also be provided within 5 business days of the time the applicant 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.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404. The conditions in effect on the date of issuance shall
remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC
02H .0507(c)]
This, the 26th day of October 2020
DOCUSS gnn�e/d by:
�GzwG W02
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
PAW/slh
W QC004191