20071505 Ver 4_Approval Letter_20161019

PAT MCCRORY
;,',x Governor
DONALD R. VAN DER VAART
Secretary
Water Resources C
ENVIRONMENTAL QUALITY S. .TAY ZIMMERMAN
Director
October 19, 2016
DWR# 07-1505 v5
Henderson County
Henderson County
Attn: Mr. Marcus Jones
1 Historic Courthouse Square
Hendersonville, NC 28792
Subject: After-the-Fact Approval of Individual 401 Water Quality Certification with
Additional Conditions
Seven Falls Bonded Phases
USACE Action ID. No. SAW-2013-01159
Dear Mr. Jones:
Attached hereto is a copy of Certification No. 4074 issued to Mr. Marcus Jones and Henderson
County, dated October 19, 2016. 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.
State of North Carolina I Environmental Quality j Water Resources
1617 Mail Service Center ! Raleigh,North Carolina 27699-1617
919 807 6300

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Individual Certification#4074
Page 2 of 11
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service(UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
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. Contact Zan Price at 828-296-4500 or [e-mail], or
Jennifer Burdette at 919-807-6364 or iennifer.burdette@n denr. ov if you have any questions
or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Rebecca Reid, ClearWater Environmental Consultants, Inc., 32 Clayton Street,
Asheville, NC 28801
USACE 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: 071505v5SevenFallsBondedPhases(Henderson)_401_IC.docx

Henderson County
DWR#07-1505 v5
Individual Certification#4074
Page 3 of 11
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #4074 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 15A NCAC
02H .0500, to Mr. Marcus Jones and Henderson County, who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on October 1, 2015 and subsequent information on March 7, 2016 and June
8, 2016, by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division
on October 14, 2015 and by re-application request received by the Division on September 22,
2016.
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:
1. Impacts Approved
The following existing and proposed impacts are hereby approved provided that all of the
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 0213 .0506(b) & (c)]
Type of Impact Amount Approved (units) Amount Approved (units)
Permanent Temporary
Stream
S1—Proposed Impact#1 104 (linear feet) 0 (linear feet)
Road Crossing
S2—Existing Impact#2 93 (linear feet) 0 (linear feet)
Road Crossing
S3—Existing Impact#3 113 (linear feet) 0 (linear feet)
Road Crossing
S4—Proposed Impact#3
Splash Rock 5 (linear feet) 0 (linear feet)
S5—Existing Impact#4
Road Crossing 43 (linear feet) 0 (linear feet)
S6—Proposed Impact#3&4 70(linear feet) 0 (linear feet)
Stream Restoration'
S6—Existing Impact#5
Road Crossing 62 (linear feet) 0 (linear feet)

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Type of Impact P�_M
ount Approved (units) Amount Approved (units)
Type of Impact
Permanent Temporary
Stream
S7—Proposed Impact#5
Splash Rock 5 (linear feet) 0(linear feet)
S8—Existing Impact#6
245 (linear feet) 0(linear feet)
Road Crossing
S9—Existing Impact#7 106 (linear feet) 0 (linear feet)
Road Crossing
S10—Existing Impact#9 57 (linear feet) 0 (linear feet)
Road Crossing
S11—Proposed Impact#9 58(linear feet) 0 (linear feet)
Road Crossing Culvert Extension
S12—Existing Impact#10 147 (linear feet) 0 (linear feet)
Road Crossing
S13—Proposed Impact#10 30(linear feet) 0 (linear feet)
Engineered Solution
S14—Existing Impact#11 101 (linear feet) 0(linear feet)
Road Crossing
S15—Proposed Impact#11 30(linear feet) 0 (linear feet)
Engineered Solution
S16—Existing Impact#12 168 (linear feet) 0(linear feet)
Road Crossing
S17—Proposed Impact#12 30(linear feet) 0(linear feet)
Engineered Solution
S18—Proposed Impact#12 75 (linear feet) 0 (linear feet)
Stream Restoration'
S19—Existing Impact#13 375 (linear feet) 0 (linear feet)
Road Crossing
S20—Proposed Impact#13 5 (linear feet) 0 (linear feet)
Splash Rock
S21—Proposed Impact#14 30(linear feet) 0(linear feet)
Extension of Existing Compliant
Road Crossing
S22—Existing Impact#15 90(linear feet) 0 (linear feet)
Road Crossing
S23—Proposed Impact 50(linear feet) 0(linear feet)
Headcut Repair/French Drain
Stream Totals 2,092 (linear feet) 0(linear feet)
404/401 Wetlands
W1—Impact#8 0.1 (acres) 0(acres)
1 Mitigation is not required for stream restoration

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Individual Certification#4074
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2. The Stream Stabilization/Sediment Removal Plan required in Condition#6 shall be
completed prior to construction of any of the remaining proposed impacts approved by
this Certification.
3. 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 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 River&Sub-basin
Required Number
French Broad
Stream 1,947 (feet) 06010105
4. A final design plan including a cross-section showing aquatic life passage for the proposed
culvert at Impact#1 shall be submitted to the Division for review and approval prior to
construction.
5. The Division approves the conceptual plans to restore aquatic life passage below the
culverts labeled as Impacts #9, #10, #11 and #12 provided by letter dated March 3, 2016
and received by the division on March 7, 2016. Final design plans for culvert replacement
at Impact#9 and engineered solutions at Impacts#10—12 to provide aquatic life passage
shall be submitted to the Division for review and approval prior to construction.
a. Visual monitoring of the culvert replacement and engineered solutions for aquatic
life passage shall be conducted at a minimum of quarterly for the first year or two
bankfull events (whichever is longer), and then annually thereafter. Annual reports
of the visual monitoring and photographic documentation shall be submitted every
year to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC
27699-1617 beginning after completion of the impact. Annual monitoring will
continue until the Division determines that the site is stable (particularly after storm
events) and vegetation is successful. Any failures of structures, stream banks, or
vegetation may require future repairs or replacement, which requires coordination
with the 401 & Buffer Permitting Branch to ensure the stability and water quality of
the stream and downstream waters. [15A NCAC 02H .0506(b)(2) and (b)(3)]

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6. The Division approves the conceptual stream restoration plans below the culverts labeled as
Impacts#3, #4 and #12 provided by letter dated March 3, 2016 and received by the Division
on March 7, 2016. Final design plans for stream restorations shall be submitted to the
Division for review and approval prior to any work within these stream channel segments.
a. Final design plans shall include a list of proposed vegetation to be planted, work in
the dry details, instream structure locations and details, matting specifications,
existing and proposed slopes, and the existing and proposed stream channel
pattern, profile and dimensions.
b. The permittee will provide on-site supervision of stability work including, but not
limited to, bank re-sloping, culvert installation, in-stream structure placement, and
riparian zone re-establishment by an appropriately trained individual. [15A NCAC
02H .0506(b)(2)]
c. Native vegetation shall be used throughout this project. All tree and shrub plantings
within the proposed planting buffer shall be protected from mowing or clearing.
[15A NCAC 02H .0506(b)(2)]
d. Natural fiber matting shall be used for streambank stabilization. [15A NCAC 02H
.0506(b)(2)]
e. Stream bed habitat material, such as cobble and gravel, shall be harvested from
abandoned channels and relocated to new channels to the maximum extent
practicable. [15A NCAC 02H .0506(b)(2)]
f. Visual monitoring of stream restorations shall be conducted at a minimum of
quarterly for the first year or two bankfull events (whichever is longer), and then
annually thereafter. Annual reports of the visual monitoring and photographic
documentation shall be submitted every year to the 401 & Buffer Permitting Branch,
1617 Mail Service Center, Raleigh, NC 27699-1617 beginning after completion of the
impact. Annual monitoring will continue until the Division determines that the site
is stable (particularly after storm events) and vegetation is successful. Any failures
of structures, stream banks, or vegetation may require future repairs or
replacement, which requires coordination with the 401 & Buffer Permitting Branch
to ensure the stability and water quality of the stream and downstream waters.
[15A NCAC 02H .0506(b)(2) and (b)(3)]
g. Water shall not be released into the new channel until the stream and banks are
stabilized. [15A NCAC 02H .0506(b)(3)]
7. The Division approves the Stream Stabilization/Sediment Removal Plan provided by letter
dated March 3, 2016 and received by the Division on March 7, 2016.
a. Prior to commencement of stream stabilization/sediment removal activities,
details for stabilization of removed sediment shall be provided to the Division for
review and approval.

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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)]
15. 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]
16. Placement of Culverts and Other Structures in Waters and Wetlands [15A NCAC 02H
.0506(b)(2) and (c)(2)]
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams must be below the elevation of
the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA-designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain the
natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods.
17. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of riprap
or other approved materials shall not result in de-stabilization of the stream bed or banks
upstream or downstream of the area. [15A NCAC 02H .0506(b)(2)]

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18. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, or stream flows and consist of clean rock or masonry material
free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure integrity of bank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
19. 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]
20. 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 http://porta1.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms. 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]
21. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
22. Continuing Compliance
Mr. Marcus Jones and Henderson County 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. Marcus Jones and Henderson
County 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. Marcus Jones and
Henderson County 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.

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23. 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 or the project transferred, 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]
24. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at: http://portal.ncdenr.org/web/wg/swp/ws/401/certsandpermits/apply/forms).
[15A NCAC 02H .0502(f)]
25. This certification grants permission to the director, an authorized representative of the
Director, or DEQ 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 CAMA 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 19th day of October 2016
f
Karen Higgins, Supervis0',
401 & Buffer Permitting Branch
KAH/jab
4074