20180765 Ver 2_Approval Letter_20190322

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
March 22, 2019
DWR # 18-0765 V2
Jackson County
Daniel Communities on Behalf of Arlington Family Offices
Attn: Owen Schultz
3115 Timberlake Road, Suite 100
Vestavia, AL 35243
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
High Hampton V2
Dear Mr. Schultz:
You have our approval for the impacts listed below for the purpose described in your application
dated February 5, 2019, received by the Division of Water Resources (Division) on February 5,
2019, with payment received on February 7, 2019, and additional information received on March
6, 2019. These impacts are covered by the attached Water Quality General Certification Number
4134 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 in the 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)]
Type of Impact Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Stream Impact
Impact S 1 880 (linear feet)
NORTHCARCLINA � �
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North Carolina Department of Environmental Quality I Division of Water Resources
Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778
828.296.4500

High Hampton V2
DWR# 19-0765 V2
401 Approval
Page 2 of 4
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. [I 5A
NCAC 02H .0507(d)(2)]
3. The designer or his designee shall supervise the installation of in -stream structures.
[15A NCAC 02H .0506(b)(2)]
4. The applicant shall provide a monitoring plan to ensure that no streambank and/or
streambed destabilization occurs in the restored reach. The monitoring plan shall be
submitted to the Division within 30 days of the issuance date of this certification for
review and approval by the Division. Monitoring shall at a minimum include
monumented photo points and cross-section locations. The collected data shall be
submitted no later than December 31 st annually for three years. 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)]
5. The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in Title 15A NCAC 02B .0200. Appropriate sediment and erosion
control practices must be used to meet this standard. [ 15A NCAC 02B .0200)]
6. The receiving streams shall be monitored for turbidity and sedimentation throughout the
duration of the project. If water quality standards are contravened, repair activities shall
be stopped immediately, and the applicant shall contact Kevin Mitchell with the Division
at 828-296-4650. [15A NCAC 02B .0211 (2 1)]
7. The proposed project shall follow the recommendations stated in the North Carolina
Wildlife Resources Commission (NCWRC) comment letter dated March 20, 2019
(attached) to the maximum extent practicable. [15A NCAC 02H .0506(b)(2)]
8. The permittee shall report to the Asheville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [ 15A NCAC 02B .0200]
including but not limited to sediment impacts. Information shall be provided orally
within 24 hours (or the next business day if a weekend or holiday) from the time the
applicant became aware of the circumstances. A written submission shall also be
provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance,
and its causes; the period of noncompliance, including exact dates and times, if the
noncompliance has not been corrected, the anticipated time compliance is expected to

High Hampton V2
DWR# 19-0765 V2
401 Approval
Page 3 of 4
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of
the noncompliance. The Division may waive the written submission requirement on a
case-by-case basis.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in 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 hqp://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 5: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

High Hampton V2
DWR# 19-0765 V2
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 Kevin Mitchell at 828-296-4650 or
kevin.mitchell(d),ncdenr.gov if you have any questions or concerns.
Sincerely,
Zan Price, P.E., Assistant Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
Enclosures: GC 4134
Certificate of Completion
NCWRC letter dated March 20, 2019
cc: David Brown — USACE Asheville Regulatory Field Office (via email)
Andrea Leslie — NCWRC (via email)
Steve Beasley — Jackson County (via email)
Tiffany Qualls — Jackson County (via email)
Clement Riddle — C1earWater Environmental (via email)
Stan Aiken — DEMLR (via email)
DWR ARO 401 files
G:\WR\WQ\Jackson\401 s\Non-DOT\High Hampton\V2\20190322 High HamptonV2_APPRV.docx