20170158 Ver 1_Approval Letter_20170303

lisp
Water Resources
Envimnmejoal Quality
March 3, 2017
Douglas Harmon & James Alan Harmon
335 Harmon Dairy Lane
Columbus, NC 28722
ROY COOPER
Goverwor
MICHAEL S. REGAN
Semetmp
S. JAY ZIMMERMAN
Do" or
D W R # 17-0158
Polk County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Harmon Dairy Stream Restoration
Dear Messrs. Harmon and Harmon:
You have our approval for the impacts listed below for the purpose described in your
application dated February 3, 2017, and received by the Division of Water Resources (Division)
on February 6, 2017. These impacts are covered by the attached Water Quality General
Certification Number 3885 and the additional conditions listed below. This certification is
associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S.
Army Corps of Engineers. Please note that you should get any other federal, state or local
permits before proceeding with your project, including those required by (but not limited to)
Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer
regulations. _.
This approval requires you to follow the conditions listed iothe enclosed certification(s) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)]
"Nothing Compares:.-,.
State ofNmth Carolina i Euvimnmental Quality I Water Reeourae
2090 U.S. High,vay 70, S.araneq North Carolina 18778
838-296-4500

Harmon Dairy Stream Restoration
DWRR 17-0158
401 Approval
Page 2 of 4
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream Impacts
S1
1,052. (feet)
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the
Certification/Authorization. If you change your project, you must notify the Division
and you may be required to submit a new application package with the appropriate
fee. If the property is sold, the new owner must be given a copy of this approval letter
and General Certification(s) and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]
3. Natural fiber matting is recommended for streambank stabilization over plastic matting
that can entrap small animals. [15A NCAC 02H .0506(b)(3)]
4. Water shall not be released into any new channels until the stream and banks are
stabilized. [15A NCAC 02H .0506(b)(3)]
5. Visual monitoring of the project shall be conducted at a minimum of quarterly for the
first year or two bankfull events (whichever is longer), and then annually until 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 Asheville Regional Office to ensure the stability
and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(2)
and (b)(3)]
6. The Division understands that the subject project is proposed to mitigate impacts
associated with the Tryon International Equestrian Center (TIEC) SAW -Action ID No.
2013 02262/DWR Project ft 13-1200. V4, This Certification does not serve as
compensatory mitigation approval for the TIEC project. If this project is approved as
compensatory mitigation for the TIEC project, additional conditions beyond those
noted in this Certification, including more robust monitoring conditions, may be
required. [15A NCAC 02H .0507(c)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]

Harmon Dairy Stream Restoration
DW R# 17-0158
401 Approval
Page 3 of 4
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 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:OOam and S:OOpm, 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.
Mailing address for the OAH:
If sending via US Postal. Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Harmon Dairy Stream Restoration
DWRH 17-0158
401 Approval
Page 4 of 4
This letter completes the review by the Division under section 401 of the Clean Water Act as
described in 15A NCAC 02H .0500. Please contact Andrew Moore at 828-296-4684 or
Andrew.W.Moore(@ncdenr.eov if you have any questions or concerns. .
n�Sincerely, EAssistant
.Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 3885
Certificate of Completion
cc: Clement Riddle — ClearWater Environmental Consultants, Inc. (via email)
Steve Kichefski — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie —NCWRC (via email)
Stan Aiken — Division of Energy, Mineral and Land Resources (via email)
D W R ARO 401 files
DWR401 and Buffer Permitting Unit (via email)
G \WR\WQ\Polk\4p1t\Non QQT\Harmon oalry5[ream Restoration\APRVL.HarmogDair StreamRert at an,4 3-2017.doa.

Water Quality Certification No. 3885
GENERAL CERTIFICATION FOR STREAM RESTORATION. ENHANCEMENTAND:
STABILIZATION PROJECTS AND WETLAND AND RIPAR AN RESTORATION AND
CREATION ACTIVITIES INCLUDING T�S ELIGIBLE POR U..ARM V:CORPS OF
ENGINEERS NATION IDE PERMIT N it ,_,J„ A' K STAB IZ TIONI AND
27(WETLAND ANP _RIP ARIAN RESTORATION 'ND CREATION),
AND REG ONAL PERMIT 197800080 (BULKHEADS AND IP P
AN�RIPARIAN AREA PROTECTION RULES (BUFFER 1 . SS
Water Quality Certification Number 3885 is issued in conformity with the requirements of Section
401,: Public Laws 92.500. and 95217 of the United States and subject to the North Carolina
Division of Water Quality Regulations in 16A NCAC 02H 0500 and 15A NCAC 02B 0200 for the
discharge of fillmaterial to waters: as described In 33 CFR 330 Appendix A (B) (13 and 27) and
Regional Permit 197800080 and for the Riparian Area Protection Rules (Buffer Rules) in 15A
NCAC 028..0200..
The State of North Carolina certifies that the specified category of activity will not violate
Activities meeting any one (1) of the following thresholds or circumstances require written
approval for a 401 Water Quality Certification from the Division of Water Quality (the
"Division");
a) All proposed fill or modification of wetlands and/or waters, including streams and
streambanks; regardless of the purpose lof'the restoration, enhancement, stabilization, or
creation activity, except for single and independent projects involving in: -stream structures
for the sole purpose of streambank stabilization which are designed based an current
natural channel techniques, and do not exceed a total of three structures within 100: feet
or less ofstreombank; or
b) Any stream relocatlon; or
c) Bank Stabilization projects qualifying for Nationwide Permit 13 for erosion protection
which utilize non-hatural armoring such as riprap, gablon'.baskets, deflection walls etc of
greater than 150 feet Instreambank length; or
Ej alk StaBBizatlafi pfojects qualifying fUFNatIbhWide Pe(rrlif 13 for'erosio protaotion —
which utilize natural streambank sloping, vegetation, and other natural channel protection
techniques of greater than 500 feet of streambank length; or
a) Any impact associated with Notice of Violation or an enforcement action for violation(s)
of DWQ Wetland Rules (15A NCAC 02H .0500) Isolated Wetland Rules (15A NCAC 02H.
A 300), DWQ Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC
028 .0200);: or
f) Any impacts to streams andlor buffers In the Neuse. Tar -Pamlico,. or Catawba River
Basins or In :the Randleman; Jordan or Goose Creek Watersheds (or any other basin or
watershed with Riparian Area Protection Rules [Buffer Rules( in effect at the time of
application) unless the activities are listed as'EXEMPT" from these rules ora Buffer
Authorization Certificate is issued through N,C. Division of Coastal Management (DCM)
delegation for "ALLOWABLE" activities.
Inaccordance with North Carolina General Statute 143.215 3D(e), written approval for a401
Water Quality General Certification must Include the appropriate fee. If a project also requires a
CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the
two fees
Water Quality Certification No. 3885

Water Quality Certification No, 3885
with
then
Conditions of Certification:
1 I Activities shall meet the definitions design; and monitoring protocols specified within the US
Army Corps of Engineers Wilmington District Regulatory Guidance Lotter (ROL02-02) and
the Stream Mitigation Guidelines (Apel 2003) or any subsequent updates to these
documents;
2 No. Impacts Beyond those Authorized In the Written Approval or Beyond the Threshold of Use.
of this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, Waters,
beyond the footprint of the Impacts depicted in the Pre ConstraetiooNot
authorized In the written approval from the Division or beyond the threat
use of this Certification without written authorization, Including incidental
that no
ins and
parts ofthis
3. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
.governing the proper design, installation and operation and maintenance of such Beat
Management Practicesand if applicable, comply with the specific conditions and
:requirements of the NPDES:Construction. Stormwater Permit issued to the site:
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 Miming Manual,
Q. Reclamation measures add 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 onsite at all times.
e. If the project occurs in Waters or watersheds classified as Primary Nursery Areas (PNAs),
SA WS -I, WS -It, High Quality (HOW),. or Outstanding Resource (ORW) waters, Hien the
sedimentation and erosion control designs must comply with the requirements setforth
in 15A NCAC 048.0124,. Design Standards In Sensitive Watersheds,
Water Quality Certification No. 3885
N

Water Quality Certification No. 3885
q, No Sediment and Erosion Control Measures In. Wetlands or Waters
6. Construction Stormwater Permit NC0010000
An NPDES Construction Stormwator Permit is required for construction projects that disturb
one (1) or more acres of land: This Permit allows stormwatero be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your project
Is covered by this permitfull compliance with permit conditions includingthe erosion &
sedimentation control plan,. inspections and maintenance self-monitoring, record keeping
and reporting requirements is required, A copyof the general permit (NCG010000),
inspection logsheets, and other information may be found at
htto:Rportalncdenroralweb/wg/weAu/nodessw#tab
The North Carolina Department of Transportation (NCDOT)shall berequired to be in full
compliance with the conditions related to construction activities within the most recent version
of their Individual NPDES (NG$000250) stormwaler permit.
6.. Construction Moratoriums and Coordination
If activities must occur duringperiods of high biological activity (i.e. sea turtle nesting, fish
spawning or bird nesting), then biological monitoring may be required at. the request of other
stale or federal agencies and coordinated with these activities.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened. species habitat shall be coordinated withthe appropriate WRC,
USFWS, NMFS,, and/or DMF personnel.
7.. Work in the Dry
All work In or adjacent to stream waters shall be conducted s0ihat 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;
Exceptions to this condition require application submittal to and written approval by the
Division.
Water Quality Certification No. 3885
M

Water Quality Certification No, 3885
6. 'Riparian Area Protection (Buffer)Rules
Activities located in the protected riparian areas (whether jurisdictional wetlands or not),
?43,.0150, :0267 and .0605 and shall be located, designed, constructed, and maintained
have minimal disturbance to protect water quality to the maximum extent practicable
Tough the use of best management practices. All buffer rule requirements, including diffuse
9. If concrete is. used during. the construction, then all necessary measures shallbe 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,
10. Alltemporary fill and culverts shall be removed and the impacted area returned to natural
.conditions within 60 days of the determinstlon that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including, each stream's
original cross sectional dimensions, plan form pattern and longitudinal bed and bed: profile,.
and the various sites shall be stabilized With natural woody vegetation (except for the
approved maintenance areas) and restored to prevent erosion.
12. All temporary pipes/ culverts/.rJprap pads etc, shall be installed In all streams as outlinedin
the most recent edition of the North Carolina Sediment and Plosion Control Planning and
Design Manuel or the North Carolina Sarfaoa Mining Manual so as not torestrict stream flow
or cause cis -equilibrium during use of this General Certification..
12. 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 rio-ran shall burled and/or keyed in"such that the original stream
not
13. Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to
be carded off by wave, currentaction, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants Rip -rap shall not be installed in the streambed
except in specific areas requiredfor velocity control and to ensure structural integrity of bank
stabilization measures. -
14, A one-time application of fertilizer to re-establish vegetation s.allowed In disturbed areas
including riparian buffers, but is restricted to no closer than 10feet from top of bank of
streams Any fertilizer application must comply with all other Federal, State and Local
regulations.
16. Applications forrlprep groins proposed in accordance with 15A NCAC 07H 1401 (NO
Division, of Coastal Management: General Permit for construction of Wooden and Riprap
Groins in Estuarine and Public Trust Waters) must meet all the specific conditions for design
and construction specified in 15A NCAC 07H .1405.
Water Quality Certification No. 3885

Water Quality Certification No. 3885
16. Compensatory Mitigation
In accordance with 15A NCAC 02N 0506 (h), compensatory mitigation maybe required for
losses of equal to or greater than 150 linear feet of streams: (intermittent and perennial)
and/or equal. to or greater than one (1) acre of wetlands. For linear public transportation
projects impacts equal to or exceeding 150 linear feet per stream shall require mitigation.
Buffer mitigation maybe required for any project with Buffer Rules in effect at the time of
application for activities classified as "Allowable with: Mitigation" or "Prohibited" within the
Table of Uses.
A.. determination of buffer,: wetland, and stream mitigation requirements shall be made for any
General Water quality Certification for this Nationwide and/or Regional General Permit.
Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington
District Stream Mitigation Guidelines (April 2003) or Its subsequent updates. Compensatory
mitigation plans shall be submitted to the Division for written approval as required in those
protocols.. The: mitigation plan must be Implemented and/or constructed before any impacts
occur on site. Alternatively, the Division will accept payment Into an in -lieu fee program or a.
mitigation bank. Inthese cases, proof of payment shall be provided to the Division before
any impacts occur on site.
17. If an environmental document isrequired under the National or State Environmental Policy
Act. (NEPA or SEPA) then this General Certification Is not valid until a Finding of No
Significant Impact(FONSI) or Record of Decision (ROD) Is issued by the State
Clearinghouse,
18. In the twenty (20) coastal counties, the appropriate DWG: Regional Office must be contacted
to determine. if Coastal Stormwater Regulations will be required.
19. This General Certification does not relleve the applicant of the responsibility to obtain all other
required Federal. State, or Local approvals.
20. The applicant/permittee and their authorized agents shalt conduct all activities in a manner
_ hng tram
consist.ent with State Water quelity standgrds (Nalud)ng,any requirements resul,-----,
met, including failure to sustain a;designated or achieveduse,or that State or Federal
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate andmodify this General Water Quality Certification.
21. When written authorization is required for use of this certification uponcompletion of all
permitted Impacts: included within the approval and any subsequent modifications, the
applicantshall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWO Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC,27699-1650.
22. Additional site-specific conditions, including.. monitoring and/or modeling: requirements, may
be added to the written approval letter for projects proposed under this Water Quality
Certification In order to ensure compliance with. all applicable water quality and effluent
standards.
23. This certification grants permission to the directtlr, an authorized representative of the
director orDENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours..
Water Quality Certification No. 3885

Water Quality Certification No. 3885
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide and/or Regional General Permit The conditions in. effect on the date
of issuance of Certification fora specific project: shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Nan -compliance with or violation of the conditions harem set forth by a specific project may result
In revocation of thisGeneral Certification for the project and may also result in: criminal and/or civil
penalties.:
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to haven significant adverse effect upon water quality, Including state or
federally listed endangered or threatened aquatic: species, or degradethe waters so_ that existing.
uses of the wetlandor downstream waters are precluded.
Public hearings maybe held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 19, 2012
DIVISION OF WATER. QUALITY
By
Charles:Wakild, P.E.
[)!rector
History. Note: Water Quality Certification (WQC) Number 3885 issued March 19, 2012 replaces
WQC Number 3689 issued November 1, 2007; WQC Number 3626 issued March, 2007, WQC
Number 3495 issued December 31, 2004, and. WQC Number 3399 Issued March 2003. This
General Certification is rescinded when the Corps of Engineers reauthorizes any of the
corresponding Nationwide and/or Regional. General Permits and/or when deemed appropriate by
the Director of the Division of Water Quality. .
Water Quality Certification No. 3885. 6

A
Cr
Water Resources
EnvlronIII altul QoaIItry
WR Project No.:
Applicant:
Project Name:
ROY COOPER
Cavmno.
MICHAEL S. REGAN
Secremry
S. JAY ZIMMERM'AN
Ulrectnr
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is requited to term this certificate to the 401 and
Buffer Permitting Unit, North Carbon Division of Water Resources, 1650 Mail Service Center, Raleigh,
NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or
the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certficafton
I, , hereby state that, to the best of my abilities, due Gaze and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401. Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Cerditcallon
I, , hereby state that, to the best of my abilities, due cue and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
if this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Pemdtee hereby state that, to
the best of my abilities, due cue and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Date
Registration No.
>'Nothing:C ompares"-..,:
Sur, or North C ''oliva I Eavlronmaatel Quality I Watu Resauees
2090 US. mghway 70, Aww usual, Noah Caroline 28799
8282964500