20140843 Ver 1_Approval Letter_20151221

Water Resources
arwivic>raWLINrxt frUALn iy
December 21, 2015
Harmon Graham Properties LLC
Attn: Mr. John Harmon
PO Box 180
Waynesville, NC 28786
PAT MCCRORY
DONALD R. VAN DTR VAART
S. JAY ZIMMI RMAN
DWR # 14-0843
Haywood County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Jule Noland Drive Phase II
USACE Action ID. No. SAW -2013-02365
Dear Mr. Harmon:
Attached hereto is a copy of Certification No. 4042 issued to Mr. John Harmon and Harmon
Graham Properties LLC, dated December 21, 2015. Please note that you should obtain all other
applicable 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 150E 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 maybe obtained from the OAH at http://www.ncoah.com or by callingthe 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.
State of North Carolina I Environmental (duality I Water Resources 1401 & Buffer Permitting Branch
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 8076300

Harmon Graham Properties, LLC
DWR# 14-0843
Individual Certification #4042
Page 2 of 8
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27695-6714
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 DENR:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 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. Please contact Tim Fox at 828-296-4500 or Jennifer Burdette at
919-807-6364 if you have any questions or concerns.
Sincerely,
r
Karen Higgins, Supervisdr//
401 & Buffer Permitting Branch
cc: Wanda Austin, Wanda H. Austin, PE Engineering (via email)
Russell L. McLean, III, McLean Law Firm, P.A. (via email)
Burton Edwards (via email)
John Payne, NC Attorney General's Office (via email)
LISACE, Asheville Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR ARO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 140843JuleNoland Drive Phase II(Haywood)_401__IC.docx

Harmon Graham Properties, LLC
DWR# 14-0843
Individual Certification #4042
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #4042 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. John Harmon and Harmon Graham Properties LLC, who have authorization for
the impacts listed below, as described within your application received by the N.C. Division of
Water Resources (Division) on August 8, 2014 and subsequent information on August 11, 2014,
November 29, 2014, December 11, 2014, May 14, 2015, July 12, 2015, October 30, 2015,
December 3, 2015, December 12, 2015 and December 14, 2015, and by Public Notice issued by
the U. S. Army Corps of Engineers and received by the Division on August 29, 2014.
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:
Impacts Approved
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) & (c)]
Type of Impact Amount Approved (units) Amount Approved (units)
Permanent Temporary
404/401 Wetlands 1.2 (acre) 0 (acre)
2. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the NC Division of Mitigation Services (DMS)
to meet this mitigation requirement. Until the DMS receives and clears your payment, and
proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to the DMS to meet the following compensatory mitigation
requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory Mitigation Required I River & Sub -basin Number
Wetlands
1.2 (acres) French Broad 06010106

Harmon Graham Properties, LLC
D W R# 14-0843
Individual Certification #4042
Page 4 of 8
3. Stormwater Management Plan
The Division approves the SMP consisting of four bioretention areas and all associated
stormwater conveyances, inlet and outlet structures, and the grading and drainage patterns
depicted on plan sheets dated and signed December 14, 2015, which are incorporated by
reference and are enforceable by the Division. The following conditions also apply [15A
NCAC 02H .0506(b)(5)]:
a. Per design element 20 of the North Carolina Stormwater BMP manual, grassed
bioretention cells may be used, however, grassed cells must be sodded and the sod
must not be grown in soil with an impermeable (clay) layer.
b. The maximum allowable drainage area for the approved bioretention areas and the
maximum allowable built -upon area within that drainage area are shown in the table
below. Any changes to these maximum areas shall require the applicant to submit and
receive approval for a revised stormwater management plan by the Division. [15A NCAC
02H .0506(b)(5)]
Drainage Area #
Maximum Allowable
Drainage Area (sq ft)
Maximum Allowable Built -
upon Area (sq ft)
1
43,215
35,285
2
52,275
43,995
3
37,465
32,235
4
46,610
32,670
c. The footprint of all stormwater management devices as well as an additional 10 -foot
wide area on all sides of the devices shall be located in either: public rights-of-way;
dedicated common areas; or recorded easement areas. The final plats for the project
showing all such rights-of-way, common areas and easement areas shall be in
accordance with the approved plans. [15A NCAC 02H .0506(b)(5)]
d. The approved SMP shall be constructed and operational before any permanent building
or other structure is occupied at the site. [15A NCAC 02H .0506(b)(5)]
e. The SMP may not be modified without prior written authorization from the Division. A
copy of the approval letter and the modified SMP shall be submitted to the DWR 401 &
Buffer Permitting Branch prior to the commencement of the modifications. [15A NCAC
02H .0506(b)(5)]
f. Maintenance activities for the four bioretention areas shall be performed in accordance
with the notarized O&M agreements signed by Mr. John Harmon (Harmon Graham LLC
Managing Partner) on May 13, 2015. The O&M agreement shall transfer with the sale of
the land or transfer of ownership/responsibility for the BMP facility. The Division shall
be notified promptly of every transfer. [15A NCAC 02H .0506(b)(5)]
& The applicant and/or authorized agent shall provide a completed Certificate of
Completion form to the Division within thirty (30) calendar days of project completion
(available at

Harmon Graham Properties, LLC
DWR# 14-0843
Individual Certification #4042
Page 5 of 8
Int ortal.ncdenr or webJ—\!Yq/.p-/"s/40I/certsand p ermits Lapp ly/forms). [15A
NCAC 02H .0506(b)(5)]
4. Stormwater Management Plan (SMP) Approval by the Division for Outparcel #1 Required
A final, written stormwater management plan for Outpareel #1 shall be submitted to the
DWR 401 & Buffer Permitting Branch (2617 Mail Service Center, Raleigh, NC 27699-1617).
The stormwater management plan shall be designed to treat the runoff from the entire
built upon area in the phase in accordance with the version of the 401 Stormwater
Requirements and BMP Manual on the place of the date of the submittal. The stormwater
management plan shall be approved by the Division before any land disturbance associated
with that phase may occur. Before any future permanent building, the corresponding
stormwater management plan as approved by the Division shall constructed and
operational. [15A NCAC 02H .0506(b)(5)]
5. 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 for this
project. 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.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit. [15A NCAC 02H .0501 and .0502]
6. Protective Fencing
All wetlands, streams, and surface waters located within 50 feet of the construction area on
the project site shall be clearly marked (example- orange fabric fencing) prior to any land
disturbing activities and must be maintained on the property until the project phase is
completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
7. Construction Plans
Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction plans.
[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)]
8. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)].

Harmon Graham Properties, LLC
DWR# 14-0843
Individual Certification #4042
Page 6 of 8
a. Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal or exceed the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor -owned or leased borrow pits
associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
9. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project. [15A NCAC 02H
.0501 and .0502]
10. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
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. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at:
httallportal..c e-,nr,r/web-wgZAs/su n-pdessw#tab-uv. 15A NCAC 02H .0506(b)(5) and
(c)(5)]

Harmon Graham Properties, LLC
D W R# 14-0843
Individual Certification #4042
Page 7 of 8
11. Work in the Dry
All work in or adjacent to stream waters 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)]
12. If concrete is used during the 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
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200]
13. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15A NCAC 02B .0231]
14. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers within the project boundaries in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall be put in
place at the time of recording of the property, or of individual lots, whichever is appropriate.
A sample deed notification can be downloaded from the 401 &Buffer Permitting Branch
website at htt : ortai.ncdenr.or web w sw ws 401/certsand errnitsLopplyjforrrt . The
text of the sample deed notification may be modified as appropriate to suit to this project.
Documentation of deed notifications shall be provided to the Division upon request. [15A
NCAC 02H .0501 and .0502]
15. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
16. Continuing Compliance
Mr. John Harmon and Harmon Graham Properties 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. John Harmon and Harmon
Graham Properties 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

Harmon Graham Properties, LLC
DWR# 14-0843
Individual Certification #4042
Page 8 of 8
accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to
Mr. John Harmon and Harmon Graham Properties 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.
17. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable 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
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.0502]
18. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
(available at: http.//portal.ncdenr o /weblwc�s p/ws/401/certsan permits/ap I ffar rs).
[15A NCAC 02H .0502(f)]
19. 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)]
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 or LAMA Permit. 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(d)(2) and 15A NCAC
02H.0506]
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 211t day of December, 2015
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
4042