20140843 Ver 1_USACE Permit_20160331

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASI.-IEVILLE, NORTH CAROLINA 28801-5006
Regulatory Division
Action ID: SAW -2013-02365
Mr. John Han -non
Harmon Graham Properties, LLC
Post Office Box ISO
Waynesville, North Carolina 28786
Dear Harmon:
In accordance with your written request of August 6, 2014 and the ensuing administrative
record, enclosed are two copies of a permit to fill approximately 1.2 acres of wetlands associated
with the clearing, grading, and construction of a commercial/retail development.
You should acknowledge that you accept the terms and conditions of the enclosed pen -nit by
signing and dating each copy in the spaces provided ("Permittee" on page 3). Your signature, as
permittee, indicates that, as consideration for the issuance of this permit, you voluntarily accept
and agree to comply with all of the terms and conditions of this pen -nit. All pages of both copies
of the signed permit with drawings should then be returned to this office for final authorization.
A self-addressed envelope is enclosed for your convenience.
Title 33, Part 325. 1 (f), of the Code of Federal Regulations reads, in part, that, "A. $10 fee will
be charged for permit applications when the work is noncommercial in nature and provides
personal benefits that have no connection with a commercial enterprise...", and "A fee of $100
will be charged for permit applications when the planned or ultimate purpose of the project is
commercial or industrial in nature and is in support of operations that charge for the production,
distribution, or sale of goods or services." As your application fits the latter category, you are
requested to remit your check for $ 100, made payable to the Finance and Accounting Officer,
USAED, Wilmington. The check should accompany the signed and dated copies of your permit.
This correspondence contains a proffered permit for the above described site. If you object to
this decision, you may request an administrative appeal under Corps regulations at 33 CFR part
331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for
appeal (R -FA) form. If you request to appeal this decision you must submit a completed RFA
form to the following address:

-2 -
District Engineer, Wilmington Regulatory Division
Attn: David Brown
69 Darlington Avenue
Wilmington, North Carolina 28403
In order for an RFA to be accepted by the Corps, the Corps must determine that it is
complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been
received by the Division Office within 60 days of the date of the NAP. Should you decide to
submit an RFA form, it must be received at the above address by May 23, 2016.
It is not necessary to submit an RFA form to the Division Office if you do not object to the
decision in contained in this correspondence.
After the permit is authorized in this office, the original,copy will be returned to you; the
duplicate copy will be permanently retained in this office. If you have questions, please contact
David Brown at the Asheville Regulatory Field Office, telephone [phone], extension 232.
Thank you in advance for completing our Customer Survey Form. This can be accomplished
by visiting our website at http://corpsmapu.usace.aniiy.mil/cm apex/Pp=136:4:0 and completing
the survey on-line. We value your comments and appreciate your taking the time to complete a
survey each time you interact with our office.
Sincerely,
Sevin P. Landers, Sr.
Colonel, U.S. Army
District Commander
Enclosures
cc w/encls
Ms. Wanda Austin
Wanda H. Austin, P.E. Engineering Services
45 Homespun Road
Sylva, North Carolina 28779
Ms. Karen Higgins
NCDEQ-DWR
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
iAR "I 1 20
16

DEPARTMENTOF THE ARMY PERMIT
Permittee Harmon Graham Properties, LLC
Permit No. SAW -2013-02365
Issuing oil -ice CESAW-RG-A
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
off -ice" refers to the appropriate district or division office of the Corps ofEnloincers having jurisdiction over the permitted activity
or the appropriate official of that office acting under the authority of the commanding officer.
YOU are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: To fill approximately 1.2 acres of wetlands associated with the clearing, grading, and
construction of a commercial/retail development.
Project Location: 9 acres tract of land at the northeast corner of Jule Noland Drive and Russ Avenue
(U.S. Highway 276) in Waynesville, Haywood County, North Carolina
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2021. If you find that you need more time to
complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions
of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good
faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized
activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this
office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this
permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination
required to deterinine ifthe remains warrant a recovery effort or ifthe site is eligible for listing in the National Register of Historic
Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE- (53 CT -R 323 (Appendix A))

4. If you sell the property associated with this Permit, YOU must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives frorn this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
) Section 103 of tire Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413),
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does riot grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of'others.
d. This pen -nit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpernritted activities or structures caused by the activity
authorized by this permit,
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest
w/as made in reliance on the information you provided.

5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant.
Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
1). The information provided by you in support Of Your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the Suspension, rnodification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures Such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions Of Your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition I establishes a time limit for the completion ofthe activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
(PARMH'TiE) HARMON GRAHAM PROPERTIES, LLC (LATE)
This permit becomes effective when the Federal official. designated to act for the Secretary of the Army, has signed below.
(DISTRICTCOMMANDER) KEVIN P. LANDERS, SR. (DATE)
COLONEL, U.S. ARMY
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRAN,V,'ERE-E) (LATE)
*U S. GOVERNMEN I PRINT Mi OFFICE- 1986 - 717-425

Applicant: File Number: Date:
Harmon Graham Properties, LLC SAW -2013-02365 March 25, 2016
I Attached is: I See Section below I
IN ITIA 1, PROFFERED PER MIT (Standard Penn it or Letter of rinission) A
- - -- - -Per---.- -----------
PROFFERED PEId M IT (Standard Permit or Letter of permission) B
❑ PERMI'I'DENIAL, C
APPROVED JURISDICTIONAL, DETERMINATION
F-11 PRELIMINARY.IURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at htto./Iwww.usace.annvmil/inet/functions/cw/cecwo/re or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
ACCEPT: If You received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the 1-01-1 and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the pert -nit, Including its terms and conditions, and approved jurisdictional determinations associated with the
pen -nit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered pen -nit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
ACCEPT: If You received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and Your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of
this Lorin and sending the forrn to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice. I
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JI) or provide new
information.
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

SPECIAL, CONDITIONS
SAW -2013-02365
Work Limits
1.0 CONSTRUCTION PLANS: All work authorized by this permit must be performed in strict
compliance with the attached plans dated October 16, 2015 and December 2, 2015, which are a
part of this pen -nit. Any modification to these plans must be approved by the US Army Corps of
Engineers (USACE) prior to implementation.
2.OUNAUTHORIZED DREDGE ORI -'11.,I-: Except as authorized by this permit or any USACF1
approved modification to this permit, no excavation, fill or mechanized land -clearing activities
shall take place at any time in the construction or maintenance of this project, within waters or
wetlands. This permit does not authorize ternporary Placement or double handling ofexcavated
or fill material within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
3.0 MAINTAIN CIRCULATION AND Fl,OW OF WATERS: Except as specified in the plans
attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place
at any time in the construction or maintenance of this project, in such a manner as to impair
normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters
or wetlands.
4.0 DEVIATION FROM PERMITTED 111,ANS: The permittee shall ensure that the
construction design plans for this project do not deviate from the permit plans attached to this
authorization. Written verification shall be provided that the final construction drawings comply
with the attached permit drawings prior to any active construction in waters of the United States,
including wetlands. Any deviation in the construction design plans will be brought to the
attention of the Corps of Engineers,
Mr. David Brown, Asheville Regulatory Field Office prior to any active construction in waters or
wetlands.
5.0 PRECONSTRUCT ION MEETING: The Permittee shall schedule an onsite preconstruction
meeting between its representatives, the contractor's representatives and the appropriate Corps of
Engineers Project Manager prior to undertaking any work within jurisdictional waters and
wetlands to ensure that there is a mutual understanding of all terms and conditions contained
within the Department of the Army permit. The Permittee shall notify the Corps of Engineers
Project Manager a minimum of thirty (3 )0) days in advance of the scheduled meeting in order to
provide that individual with ample opportunity to schedule and participate in the required
meeting.

RELATED I..,AWS
6.0 S ED IMENTATION/EROS ION CONTROL PLAN: "Thirty days prior to commencing land
Z:1
disturbing activity, a Sedirrientation/frosion Control Plan will be filed with the Division of Land
Resources, Land Quality Section, North Carolina Department of Natural Resources and
Community Development.
'The Plan must:
1. Include a scaled plat plan of the site, showing the affected areas as well as adjacent properties
which may be affected. Include contours, if available.
2. Indicate critical areas such as wetlands, creeks, streams, drain ways, marsh etc.
3. Include a brief narrative describing the activities to be undertaken and a construction
schedule.
4. Indicate on the plat the measures to be utilized to prevent sediment from entering adjacent
properties, such as location of silt fences, silt basins, diversion ditches, hay barriers, areas to
be seeded, etc.
5. Include any other pertinent information directed at controlling off-site sedimentation, slope
degradation and erosion.
Note: The Plan is required whenever the proposed activity is to be undertaken on a tract
comprising more than one acre, if more than one contiguous acre is to be uncovered.
7.0 WATER CONTAMINATION: All mechanized equipment will be regularly inspected and
maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic
fluids, or other toxic materials. In the event of a spill of petroleum products or any other
hazardous waste, the permittee shall immediately
mmediately report it to the N.C. Division of Water Quality
at (919) 733 )-3 )300 or (800) 858-03 )68 and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
PROJECTMAINTENANCE
8.0 NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND COMPLETION: The
permittee shall advise the Corps in writing prior to beginning the work authorized by this pen -nit
and again upon completion of the work authorized by this pen -nit.
9.0 CLEAN FILL: Unless otherwise authorized by this permit, all fill material placed in waters
or wetlands shall be generated from an upland source and will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used. Soils used for fill shall not be contaminated with
any toxic substance in concentrations governed by Section 307 of the Clean Water Act.
10.0 PERMIT DISTRIBUTION: The permittee shall require its contractors and/or agents to
comply with the terms and conditions of this pen -nit in the construction and maintenance of this
project, and shall provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this permit. A copy of this permit, including all
conditions, shall be available at the project site during construction and maintenance of this
project.
-2-

11.0 SILT -FENCING: The permittee shall employ all sedimentation and erosion control
measures necessary to prevent an increase in sedimentation or turbidity within waters and
wetlands outside the permit area. This shall include, but is not limited to, the immediate
installation of silt fencing or similar appropriate devices around all areas subject to soil
disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed
areas. Additionally, the project must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I 3A
Article 4).
12.0 PERMIT' REVOCA'T'ION: The permittee, upon receipt of a notice of revocation of this
permit or upon its expiration before completion of the work will, without expense to the United
States and in such time and manner as the Secretary of the Army or his authorized representative
may direct, restore the water or wetland to its pre -project condition.
13.0 EROSION CONTROL MEASURES IN WETLANDS: The permittee shall remove all
sediment and erosion control measures placed in wetlands or waters, and shall restore natural
grades in those areas, prior to project completion.
ENFORCEMENT
14.0 REPORTING ADDRESS: All reports, documentation and correspondence required by the
conditions of this permit shall be submitted to the following address: U.S. Army Corps of
Engineers, Regulatory Division, Asheville Regulatory Field Office, c/o Mr. David Brown, 151
Patton Avenue, Room 208; Asheville, NC 28801-5006, and by telephone at: 828-271-7980. The
Permittee shall reference the following permit number, SAW -2013-02365, on all submittals.
15.0 REPORTING VIOLATIONS OF THE CLEAN WATER ACT AND RIVERS AND
HARBORS ACT: Violation of these conditions or violation of Section 404 of the Clean Water
Act or of Section 10 of the Rivers and Harbors Act must be reported in writing to the
Wilmington District U.S. Army Corps of Engineers within 24 hours of the pennittee's discovery
of the violation.
16.0 COMPLIANCE INSPECTION: A representative of the Corps of Engineers will
periodically and randomly inspect the work for compliance with these conditions. Deviations
from these procedures may result in an administrative financial penalty and/or directive to cease
work until the problem is resolved to the satisfaction of the Corps.
COMPENSATORY MITIGATION
17.0 MITIGATION: In order to compensate for impacts associated with this permit, mitigation
p tn
shall be provided in accordance with the provisions outlined on the most recent version of the
attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form,
including any special conditions listed on this form, are hereby incorporated as special conditions
of this pen -nit authorization.
-3-

CONCRETE CONDITION
18.0 PROHIBITIONS ON CONCRETE: The permittee shall take measures to prevent live or
fresh concrete, including bags of uncured concrete, from coming into contact with any water in
or entering into waters of the United States. Water inside coffer dams or casings that has been in
contact with concrete shall only be returned to waters of the United States when it no longer
poses a threat to aquatic organisms (concrete is set and cured).
CULVERTS
19.0 INSTALLATION OF C(JI,Vl--,'R'I'S: For construction of culverts, measures will be included
in the construction that will promote the safe passage of fish and other aquatic organisms. For all
culvert construction activities, the dimension, pattern, and profile of the stream, (above and
below a pipe or culvert), should not be modified by widening the stream channel or by reducing
the depth of the stream. Culvert inverts will be buried at least one foot below the bed of the
stream for culverts greater than 48 inches in diameter. For culverts 48 inches in diameter or
smaller, culverts must be buried below the bed of the stream to a depth equal to or greater than
20 percent of the diameter of the culvert.
ESA
20.0THREA'IJ,.1'NED AND ENDANGERED SPECIES: All necessary precautions and measures
will be implemented so that any activity will not kill, injure, capture, harass, or otherwise harm
any protected federally listed species. While accomplishing the authorized work, if the permittee
discovers or observes a damaged or hurt listed endangered or threatened species, the District
Engineer will be immediately notified to initiate the required Federal coordination.
OTHER
21.0 TURBIDITY BARRIERS: Prior to the initiation of any of the work authorized by this
permit the Permittee shall install floating turbidity barriers with weighted skirts that extend to
Zn
within I foot of the bottom around all work areas that are in, or adjacent to, surface waters. The
turbidity barriers shall remain in place and be maintained until the authorized work has been
completed and all erodible materials have been stabilized.
22.0 AS -BUILT CONSTRUCTION PLANS: Upon completion of each construction phase, the
permittee shall submit to the Corps as -built plans for those portions that affect waters of the U.S.,
within 4 months following the completion of construction. The as -built plans shall include, but
not necessarily Limited ily be to, grading, structures and activities in or affecting wetlands and
waters of the U.S.
-4-

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December 21, 2015
PA I N1( CR 0 R Y
S, J A Y Z INI M I 'R M A N
DWR # 14-0843
0
Harmon Graham Properties LLC
Attn: Mr. John Harmon
PO Box 180
Waynesville, NC 28786
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Jule Noland Drive Phase 11
USAGE 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 150B by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60calendar days.
A petition form may be obtained from the OAH at 11tt_p:flwLvyw,ncoah.coniZ 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,
Slate M Nonh CaroAna En, mm-m-ntal Qjafit� ' Waler Rcs�ourcts 401 & Bjffr PonmiliTIL Branch
161-1, M ail scn ice ( ewcr i Raleigh, Nonh ( a "Ii na 27,699-161',
C�19 07 00(i

If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Harmon Graharn Properties, LLC
DWR# 14-0843
Individual Certification #4042
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
Raleigh, NC 27699-1601
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 Burclette at
Sincerely,
Karen Higgins, Supervisor
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)
USAGE, Asheville Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR ARO 401 file
Filenarne: 140843J u feNola nd Drive Phasel l(Haywood)_40 1—IC.docx

Harmon Graharn Properties, LLC
DWR# 14-0843
Individual Certification #4042
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 L.LC, 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.
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
. ..... ..... ____ . ........
L 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)1 -
Compensatory Mitigation Required
River & Sub -basin NuMbi
Wetlands 1.2 (acres) French Broad 0601010

Harmon Graham Properties, LL[
DVVR#I4-0043
indivkjua}Certification #404Z
I
The Division approves the SMP consisting of four bioretention areas and all associated
stomnvvaterconveyances, 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 bythe Division. The following conditions also apply [15A
Per design element 20 of the North Carolina Stormwater BMP manual, grassed
bioreteniioncells may beused, however, grassed cells must besodded and the sod
must not begrown insoil with animpermeable (day)layer.
The maxirnurnallowable drainage area for the approved bimre1entiomareas 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. /15AN[/\C
c The footprint ofall stonmvvatermanagement devices aswell asanadditional I0 -foot
wide area on all sides of the devices shall be located in either� public rights-of-way;
dedicated common areas; mrrecorded easement areas. The final plats for the project
showing all such rights-of-vvay,common areas and easement areas shall bein
accordance with the approved plans. [15ANC4CO2H.0506/b\(5)l
d, The approved SMP shall be constructed and operational before any permanent building
orother structure isoccupied atthe site, [15f\NCACO2HO506(b)(5U
e. The SMP may not be modified without prior written authorization from the Division. A
copy ofthe approval letter and the modified SMP shall besubmitted tothe DVVR401&
Buffer Permitting Branch prior to the commencement of the modifications. [I5AN[AC
02H .0506(b)(5)1
f. Maintenance activities for the four bioretention areas shall be performed in accordance
with the notarized O0'K4 agreements signed byMr. John Harmon (Harmon Graham LLC
Managing Partner) unMay 13,]O15. The O&M agreement shall transfer with the sale of
the land or transfer ofownership/responsibility for the BMP facility. The Division shall
benotified promptly ofevery transfer, !16AM{ACO2H.0586(b)/5)l
g. 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

Harmon Graham Properties, LLC
DWR# 14--0843
Individual Certification #4042
h t I _,L, I
erts Forms). [15A
Lc__--a n d
NCAC 02H .0506(b)(5)]
4. Stormwater Management Plan (SMP) pprqyvql by, the Division f2LOutparcel #1B ui�ed
A final, written stormwater management plan for Outparcel #1 shall be submitted to the
DWR 401 & Buffer Permitting Branch (1-617 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)]
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)]
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)]
& 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)]:

HzrmomGraham Properties, LLC
0WR#14-084S
Individual Certification 44842
Page 6of8
a� Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal or exceed the requirernents specified
inthe most recent version ofthe North Corolina Sediment and Erosion Control
Manual, The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, inc|odingcontrac1opovvned 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 inaccordance 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 uferosion control
measures and stornnvvaterrouting and treatment shall be on site atall times.
S Sediment and erosion control measures shall not be placed inwetlands nrwaters,
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 inamanner that may result indis-equi|ibriurnmfwetlands, stream beds, or
banks, adjacent tgorupstream and downstream Vfthe above structures. All sediment and
erosion control devices shall beremoved 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 WC4CQ2H
.0501 and .050I]
10, Construction Stormwater Permit NCGO1OOOO
An NPDES Construction Storrnvwater Permit is required for construction projects that disturb
one (1)ormore acres ofland. This Permit allows stonnvva1ertobedischarged during land
disturbing construction activities asstipulated inthe conditions ofthe 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 isrequired. Acopy ofthe general permit
(NCGOIOOOO), inspection log sheets, and other information may be found at:
. 15AN[ACO2H.0506(b)(5)and

Harmon Graham Properties, LLC
DVVR#I4-0843
Individua|Certification #4O42
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 incontact with the disturbed area. Approved best mnanagementpractices 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. [I5A
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 tothe potential for elevated pHand possible aquatic life/fish kills, }15ANC4CO2B .0200]
13. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but isrestricted tmnocloser than 10feet from top ofbamkmf
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [I5AN[A[03B.0231)
14, Deed notifications or similar mechanisms shall be placed on aIl 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 6aput im
place atthe time ofrecording ofthe property, orofindividual lots, whichever isappropriate,
A sample deed notification can be downloaded from the 401 &Buffer Permitting Branch
website at . 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. /25A
NCACU3H.O5O1and .0502l
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
amanner 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 mfState and Federal law. [I5AN[A[028.0200] !fthe Division determines that
such standards mrlaws are not being met (including the failure tosustain a designated or
achieved use) orthat State orfederal law isbeing violated, orthat 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 GmhamProperties, LLC
DVVR#I4-J843
Individual Certification #4O42
Page 8of8
accordance with 15ANCA[02H .0504. Any new mr revised conditions shall be provided to
Mr, John Harmon and Harmon Graham Properties LLC in writing, shall be provided tothe 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 anenforceable part ofthe Certification. |fyou change your project, you must notify
the Division and you may berequired tosubmit anew application package with the
appropriate fee. |fthe property issold, the new owner must begiven acopy ofthis
Certification and isresponsible for complying with all conditions. Any new owner must notify
the Division and request the Certification beissued intheir name, 115AW[AC 02H.O581and
l0.The applicant and/or authorized agent shall provide acornp/eted Certificate ufCompletion
Form tmthe DVVR4OI& Buffer Permitting Unit within ten days ofproject completion
(available at: [[15A NCAC 02H 0502(f)]
l9.This certification grants permission tothe director, anauthorized representative ofthe
Director, or DENR staff, upon the presentation ofproper credentials, toenter the property
during normal business hours, [15AWC4COZHD5O2/eO
This approval tnproceed with your proposed impacts urtoconduct impacts tnwaters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless ofthe expiration date ofthis Certification. [15AN[A[Q3H.O5O7(d)/I\and 15AN[AC
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result incriminal and/or civil penalties.
This the 2111day mfDecember, 2D15
Karen Higgins, Supervisor��_/
MM

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Harmon Graham Properties, LLC /Attn.:John Harmon Action ID: SAVV-2013'8Z365
Project Name: Jule Noland Road Development County Haywood
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (N[Dk8S), who will /hen sign the form to verify the
transfer ofthe mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts' unless otherwise specified below. |fmore than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-cligit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUCmust beprovided tothe appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, eDund|eo of
whether ornot they have received payment from the Permittee. Once the form issigned, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see con/au information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-cligit HUC and Basin: Choose the 8 -digit HUC
Stream Impacts (linear feet) Wetland Impacts (acres)
War
Cool
I Cold Riparian Riverinel
12
Riparian -Riverine
Non
No n -Riparian
I coastal
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-cfigitHUCand Basin: Choose the 8-digiLHU[
earn Mitigation (credits) Wetland Mitigation (credits)
_717 1.2 — ---------
MitigationSite Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For N[DK8S,list N[DyWS. |fthe N[D;WS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section mbecompleted by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: |' the undersigned, verify that ! am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and | certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above)' associated with the U5A[E Permittee and Action
|D number shown. | also verify that released credits (and/or advance credits for NCDK45)' as approved by the USA[E' are
currently available at the mitigation site identified above. Further, | understand that if the Sponsor fails to provide the
required compensatory mitigation, the US4CE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Na
Name ofSponsor's Authorized Representative:
Signature ofSponsor's Authorized Representative
Date of Signature
Page Iof2 Form Updated lZSeptember, ZO14

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
None
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this farm along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27S87 (email: [e-mail]. mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: David Brown
USACE Field Office: Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Email: [e-mail]
USACE Project Manager Signature
March 25 2016
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
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