20030141 Ver 1_401 Application_20120412

April 12 2012
Division of Water Quality
NCDENR — Raleigh Regional Office
3800 Barrett Drive
Raleigh NC 27609
ENGINEERING DEPARTMENT
Subject Application for Nationwide Permit #3 for Culvert Maintenance Work
Requested by NCDOT
Attached are three (3) copies of the NW 3 to cover routine maintenance /repair of a
culvert outlet/inlet area at Lynn s Branch off of Tryon Rd located in Cary NC for your
review and approval
On February 10 2012 we received final direction from the NCDOT Division Five
Structure Management Office to place various classes of rip rap armoring at localized
areas of natural scour adjacent to box culverts constructed under the Tryon Road
Widening Project Section A Please note the project was originally completed in
2009 In 2010 NCDOT requested a walkthrough and provided an inspection of culvert
sites and had concerns related to minor scouring NCDOT made these issues a
prerequisite requirement for the Town of Cary to address to close out our
encroachment agreement and project with NCDOT Town Public Works staff was
made aware of the situation whereas they would be the lead in implementing repairs
They were directed to hold off on repair work until authorization from the regulatory
agencies was received However in conjunction with other nearby roadway
maintenance activities they initiated the culvert repairs proactively and as a result we
are submitting this as an after the fact notification
Should you have any questions or need any additional information regarding this
project feel free to contact me at [phone] or by a mail at
mike babuin(a)townofcary org
Sincerely
M
Mike Babuin PG PhD
Environmental Specialist
Attachments WETLX*IDSAND STORMYt'VERBR+-NO
cc Bob Shultes P E
TOWN Of CARY
318 North Academy Street Cary NC 27513 PO Box 8005 Cary NC 27512 8005
tel [phone] fax [phone] www towiiofcary org

Office Use Only
Corps action ID no
DWQ project no
Form Version 1 4 January 2009
Page 1 of 10
PCN Form — Version 1 4 January 2009
Pre - Construction Notification (PCN) Form
A
Applicant Information
1
Processing
la
Type(s) of approval sought from the Corps
❑X Section 404 Permit ❑ Section 10 Permit
1 b Specify Nationwide Permit (NWP) number NW 3 or General Permit (GP) number
1c
Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ No
1d
Type(s) of approval sought from the DWQ (check all that apply)
❑X 401 Water Quality Certification — Regular ❑ Non 404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑X Riparian Buffer Authorization
le
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification
❑ Yes ❑X No
For the record only for Corps Permit
❑ Yes ❑X No
1f
Is payment into a mitigation bank or in lieu fee program proposed for
mitigation of impacts? If so attach the acceptance letter from mitigation bank
or in lieu fee program
❑ Yes ❑X No
1g
Is the project located in any of NC s twenty coastal counties If yes answer 1 h
below
❑ Yes ❑X No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes Q No
2
Project Information
2a
Name of project
Tryon Road Widening
2b
County
Wake
2c
Nearest municipality / town
Cary
2d
Subdivision name
n/a
2e
NCDOT only T I P or state project no
n/a
3
Owner Information
3a
Name(s) on Recorded Deed
Town of Cary
3b
Deed Book and Page No
04289 0085
3c
Responsible Party (for LLC if
applicable)
Tim Bailey PE c/o Mike Babuin PG
3d
Street address
318 North Academy St
3e
City state zip
Cary NC 27513
3f
Telephone no
919-462 3931
3g
Fax no
919 - 460 -4935
3h
Email address
mike babuin @townofcary org
Page 1 of 10
PCN Form — Version 1 4 January 2009

4 Applicant Information (if different from owner)
4a Applicant is
❑ Agent ❑ Other specify
4b Name
4c Business name
(if applicable)
4d Street address
4e City state zip
4f Telephone no
4g Fax no
4h Email address
5 Agent/Consultant Information (if applicable)
5a Name
5b Business name
(if applicable)
5c Street address
5d City state zip
5e Telephone no
5f Fax no
5g Email address
Page 2 of 10

IS
Project Information and Prior Project History
1
Property Identification
1a
Property Identification no (tax PIN or parcel ID)
0762959823
1b
Site coordinates (In decimal degrees)
I Latitude 78° y$' " yq" Longitude 35' ° yy
1c
Property size
594 acres
2
Surface Waters
2a
Name of nearest body of water to proposed project
Lynn Branch
2b
Water Quality Classification of nearest receiving water
WS III
2c
River basin
Neuse
3
Project Description
3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
Double box culvert at Lynns Branch under Tryon Rd In 2010 NCDOT required as part of their protect close out that minor maintenance repairs be
made to small areas near the wing walls of the box culvert on the upstream and downstream side Public Works staff was notified that minor repairs
would be needed but was advised to hold off until approval was granted by the State /Corps However they proceeded to implement repairs first
3b
List the total estimated acreage of all existing wetlands on the property 0
3c
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 200
3d Explain the purpose of the proposed project
pure maintenance of an existing box culvert area adjacent to stream Minor channel impacts /improvements were made too
3e Describe the overall project in detail including the type of equipment to be used
manual labor was used to add minor rip rap and add matting /seeding
4
Jurisdictional Determinations
4a
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
❑X Yes ❑ No ❑ Unknown
Comments
4b
If the Corps made the jurisdictional determination what type
of determination was made?
❑Preliminary ❑X Final
4c
If yes who delineated the jurisdictional areas?
Name (if known) Jamie Sherri
Agency /Consultant Company
Other
4d
If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
5
Project History
5a
Have permits or certifications been requested or obtained for
this project (Including all prior phases) in the past?
Yes ❑ No ❑ Unknown
5b If yes explain in detail according to help file instructions
NW 14 was issued in conjunction with the road widening protect several years ago
6
Future Project Plans
6a
Is this a phased project?
❑ Yes ❑X No
6b
If yes explain
Page 3 of 10
PCN Form —Version 1 4 January 2009

C Proposed Impacts Inventory
1 Impacts Summary
1a Which sections were completed below for your project (check all that apply)
❑ Wetlands ❑X Streams — tributaries ❑X Buffers ❑ Open Waters ❑ Pond Construction
2 Wetland Impacts
If there are wetland Impacts proposed on the site then complete this question for each wetland area impacted
2a
Wetland Impact
number
Permanent (P) or
Temporary T
2b
Type of Impact
2c
Type of wetland
2d
Forested
2e
Type of jurisdiction
Corps (404 10) or
DWQ (401 other)
2f
Area of
Impact
(acres)
W1
Choose one
Choose one
Yes /No
W2
Choose one
Choose one
Yes /No
W3
Choose one
Choose one
Yes /No
W4
Choose one
Choose one
Yes /No
W5
Choose one
Choose one
Yes /No
W6
Choose one
Choose one
Yes /No
2g Total Wetland Impacts
0
2h Comments
No Wetlands
3 Stream Impacts
If there are perennial or Intermittent stream Impacts (Including temporary Impacts) proposed on the site then complete this
question for all stream sites Impacted
3a
Stream Impact
number
Permanent (P) or
Temporary (T)
3b
Type of impact
3c
Stream name
3d
Perennial (PER) or
Intermittent (INT)?
3e
Type of
jurisdiction
3f
Average
stream
width
(feet)
3g
Impact
length
(linear
feet)
S1 P
Stabilization
Lynn sBranch
PER
Corps
20
10
S2 P
Stabilization
Lynn s Branch
PER
Corps
20
14
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h Total stream and tributary impacts
24
31 Comments
All impacts related to stabilization maintenance efforts
Page 4 of 10
PCN Form — Version 1 4 January 2009

4 Open Water Impacts
If there are proposed Impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of
the U S then lndivii ually list all open water impacts below
4a
Open water
impact number
Permanent (P) or
Temporary T
4b
Name of waterbody
(if applicable)
4c
Type of Impact
4d
Waterbody
type
4e
Area of Impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f Total open water impacts
0
4g Comments none
5 Pond or Lake Construction
If pond or lake construction proposed the complete the chart below
5a
Pond ID number
5b
Proposed use or
purpose of pond
5c
Wetland Impacts (acres)
5d
Stream Impacts (feet)
5e
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f Total
5g Comments
5h Is a dam high hazard permit required?
❑ Yes ❑ No If yes permit ID no
51 Expected pond surface area (acres)
5j Size of pond watershed (acres)
5k Method of construction
6 Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts
below If any impacts require mitigation then you MUST fill out Section D of this form
6a Project 1s in which protected basin?
❑ Neuse ❑ Tar Pamlico ❑ Catawba ❑ Randleman ❑ Other
6b
Buffer Impact
number —
Permanent (P) or
Temporary
6c
Reason for impact
6d
Stream name
6e
Buffer
mitigation
required?
6f
Zone 1
Impact
(square
feet )
6g
Zone 2
Impact
(square
feet
B1 P
nprap adjacent to wing wall
Lynn s Branch
Yes /No
40
0
B2 P
nprap adjacent to stream
Lynn s Branch
Yes /No
168
0
B3
Yes /No
B4
Yes /No
B5
Yes /No
B6
Yes /No
6h Total Buffer Impacts
208
61 Comments
All impacts occurred in conjunction with maintenance /stabilization activities of culvert
Page 5 of 10

D
Impact Justification and Mitigation
1
Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
n/a this was a maintenance activity not a design related issue
lb Specifically describe measures taken to avoid or minimize the proposed Impacts through construction techniques
Rip rap was placed with proper matting before stones were set Efforts were performed by manual labor to minimize intrusive activity
2
Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
2a
Does the project require Compensatory Mitigation for
Impacts to Waters of the U S or Waters of the State?
❑ Yes ❑X No
2b
If yes mitigation is required by (check all that apply)
❑ DWQ ❑ Corps
2c
If yes which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in lieu fee program
❑ Permittee Responsible Mitigation
3
Complete if Using a Mitigation Bank
3a
Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type Choose one
Type Choose one
Type Choose one
Quantity
Quantity
Quantity
3c Comments
4
Complete if Making a Payment to In lieu fee Program
4a Approval letter from in'lieu fee program is attached
❑ Yes
4b
Stream mitigation requested
linear feet
4c
If using stream mitigation stream temperature
Choose one
4d
Buffer mitigation requested (DWQ only)
square feet
4e
Riparian wetland mitigation requested
acres
4f
Non riparian wetland mitigation requested
acres
4g
Coastal (tidal) wetland mitigation requested
acres
4h
Comments
5
Complete if Using a Permittee Responsible Mitigation Plan
5a
I
If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan
Page 6 of 10
PCN Form — Version 1 4 January 2009

6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ❑X No
6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1 5
6f Total buffer mitigation required
6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank
permittee responsible riparian buffer restoration payment into an approved in lieu fee fund)
6h Comments
Page 7 of 10

E
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1
Diffuse Flow Plan
1 a
Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes ❑X No
lb
If yes then is a diffuse flow plan included? If no explain why
❑ Yes ❑ No
2
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
2b
Does this project require a Stormwater Management Plan?
❑ Yes ❑x No
2c If this project DOES NOT require a Stormwater Management Plan explain why
Maintenance activities of a pre existing NW 14 issued
2d
If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan
2e
Who will be responsible for the review of the Stormwater Management Plan?
3
Certified Local Government Stormwater Review
3a
In which local governments jurisdiction is this project?
Town of Cary
3b
Which of the following locally implemented stormwater management programs
apply (check all that apply)
❑X Phase II
NSW
❑ USMP
Water Supply Watershed
❑ Other
3c
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑X No
4
DWQ Stormwater Program Review
4a
Which of the following state implemented stormwater management programs apply
(check all that apply)
❑Coastal counties
❑HQW
❑ORW
❑Session Law 2006 246
❑Other
4b
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5
DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1 4 January 2009

F
Supplementary Information
1
Environmental Documentation (DWQ Requirement)
la
Does the project Involve an expenditure of public (federal /state /local) funds or the
Yes ❑ No
use of public (federal /state) land?
lb
If you answered yes to the above does the project require preparation of an
environmental document pursuant to the requirements of the National or State
El Yes ❑X No
(North Carolina) Environmental Policy Act (NEPA /SEPA)?
1 c
If you answered yes to the above has the document review been finalized by the
State Clearing House? (If so attach a copy of the NEPA or SEPA final approval
letter )
❑ Yes ❑X No
Comments not applicable
2
Violations (DWQ Requirement)
2a
Is the site In violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated
Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards
❑ Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b
Is this an after the fact permit application?
❑R Yes ❑ No
2c
If you answered yes to one or both of the above questions provide an explanation of the violation(s)
Maintenance
was performed in conjunction with approvals on previous NW 14 However the maintenance activities should have been routed through
DWQ first before implementation NCDOT prompted this activity because they would not turn the project over until maintenance issued were
addressed We told our contractors (Public Works Dept ) to wait on maintenance activities until DWQ reviewed things but they mistakenly proceeded
to make repairs
3
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
El Yes ❑ No
additional development which could impact nearby downstream water quality
3b
If you answered yes to the above submit a qualitative or quantitative cumulative Impact analysis in accordance with the
most recent DWQ policy If you answered no provide a short narrative description
n/a
4
Sewage Disposal (DWQ Requirement)
4a
Clearly detail the ultimate treatment methods and disposition (non discharge or discharge) of wastewater generated from
the proposed project or available capacity of the subject facility
n/a
Page 9 of 10
PCN Form — Version 1 4 January 2009

5 Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c If yes indicate the USFWS Field Office you have contacted
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
online resources
6 Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
online resources
7 Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e g National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
online resources
8 Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA designated 100 year floodplain?
❑X Yes ❑ No
8b If yes explain how project meets FEMA requirements
Activities were related solely towards culvert maintenance No grade changes were realized
8c What source(s) did you use to make the floodplain determination?
online resources /maps
For Tim Bailey by Mike Babuin PG
4/11/2012
Applicant /Agent s Printed Name
Date
Applicant/Agent s Signature
(Agents signature is valid only if an authorization
letter from the applicant is provided
Page 10 of 10

lidtil?,
1
NATIONWIDE PERMIT 14
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
tAUTHORIZED
MARCH 18 2002
Linear Transportation Projects Activities required for the construction expansion
modification or improvement of linear transportation crossings (e g highways railways trails
and airport runways and taxiways) in waters of the United States including wetlands if the
activity meets the following critena
I This nationwide permit is subject to the following acreage and linear limits
a For linear transportation projects in non tidal waters provided the discharge does not
cause the loss of greater than \1/2\ acre of waters of the United States or
b For linear transportation projects in tidal waters provided the discharge does not cause
the loss of greater than \ 1/3\ acre of waters of the United States
2 The permittee must notify the District Engineer in accordance with General Condition 13 if
any of the following cntena are met
a The discharge causes the loss of greater than \1 /10\ acre of waters of the United States
or
1 b There is a discharge in a special aquatic site including wetlands
c The notification must include a compensatory mitigation proposal to offset perinanent
losses of waters of the United States to ensure that those losses result only in minimal adverse
effects to the aquatic environment and a statement describing how temporary losses of waters
will be minimized to the maximum extent practicable '%
td For discharges in special aquatic sites including wetlan,' and stream riffle and pool
complexes the notification must include a delineation of the affected special adaaric sites
e The width of the fill is limited to the minimum ne,essary for the crossing
f This permit does not authorize stream channelization and the authonzed activities must
not cause more than minimal changes to the hydraulic flow charactenstic,s of the stream increase
flooding or cause more than minimal degradation of water quality of any stream (see General
Conditions 9 and 21)
1
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g This permit cannot be used to authorize non linear features commonly associated with
transportation projects such as vehicle maintenance or storage buildings parking lots train
stations or aircraft hangars and
h The crossing is a single and complete project for crossing a water of the United States
Where a road segment (i e the shortest segment of a road with independent utility that is part of
a larger project) has multiple crossings of streams (several single and complete projects) the
Corps will consider whether it should use its discretionary authority to require an individual
permit (Sections 10 and 404)
Note Some discharges for the construction of farm roads forest roads or temporary roads for
moving mining equipment may be eligible for an exemption from the need for a Section 404
permit (see 33 CFR 323 4)
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NATIONWIDE PERMIT GENERAL CONDITIONS
The following General Conditions must be followed in order for any authorization by a
NWT to be valid
1 Navigation No activity may cause more than a minimal adverse effect on navigation
2 Proper Maintenance Any structure or fill authorized shall be properly maintained
including maintenance to ensure public safety
3 Soil Erosion and Sediment Controls Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction and all
exposed soil and other fills as well as any work below the ordinary high water mark or high tide
line must be permanently stabilized at the earliest practicable date Permittees are encouraged to
perform work within waters of the United States during periods of low flow or no flow
4 Aquatic Life Movements No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody including those species
that nonnally migrate through the area unless the activity s primary purpose is to impound water
Culverts placed in streams must be installed to maintain low flow conditions
5 Equipment Heavy equipment working in wetlands must be placed on mats or other
measures must be taken to minimize soil disturbance
6 Regional and Case By Case Conditions The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330 4(e)) and with
any case specific condition-, added by the Corps or by the state or tribe in its Section 401 Water
Quality Certification and Coastal Zone Management Act consistency determination
7 Wild and Scenic Rivers No activity may occur in a component of the National Wild and
Scenic River System or in a river officially designated by Congress as a study river for
possible inclusion in the system while the river is in an official study status unless the
appropriate Federal agency with direct management responsibility for such river has determined
in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation or study status Information on Wild and Scenic Rivers may be obtained from the
appropriate Federal land manag,nient agency in the area (e g National Park Service U S Forest
Service Bureau of Land Management U S Fish and Wildlife Service)
8 Tribal Rights No 'ictivity or its operation may impair reserved tnbal rights including
but not limited to reserved water rights and treaty fishing and hunting rights
9 Water Quality
a In certain states and tribal lands an individual 401 Water Quality Certification must be
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obtained or waived (See 33 CFR 330 4(c))
b For NWPs 12 14 17 18 32 39 40 42 43 and 44 where the state or tribal 401
certification (either generically or individually) does not require or approve water quality
management measures the permittee must provide water quality management measures that will
ensure that the authorized work does not result in more than minimal degradation of water
quality (or the Corps determines that compliance with state or local standards where applicable
will ensure no more than minimal adverse effect on water quality) An important component of
water quality management includes stormwater management that minimizes degradation of the
downstream aquatic system including water quality (refer to General Condition 21 for
stormwater management requirements) Another important component of water quality
management is the establishment and maintenance of vegetated buffers next to open waters
including streams (refer to General Condition 19 for vegetated buffer requirements for the
NWPs)
This condition is only applicable to projects that have the potential to affect water quality
While appropriate measures must be taken in most cases it is not necessary to conduct detailed
studies to identify such measures or to require monitoring
10 Coastal Zone Management In certain states an individual state coastal zone
management consistency concurrence must be obtained or waived (see 33 CFR 330 4(d))
1 I Endangered Species
a No activity is authorized under any NWP which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such designation as
identified under the Federal Endangered Species Act (ESA) or which will destroy or adversely
modify th° critical habitat of such species Non federal permittees shall notify the District
Engineer - ' -d species or designated critical habitat might be affected or is in the vicinity
of the project or is locate' in the designated critical habitat and shall not begin work on the
activity until notified by the Nisi r_0ineer that the requirements of the FSA have been
satisfied and that the activity is authorized i activities that may affect Federally listed
endangered or threatened species or designated ci, ' h -bitat the notification m ° ,clude the
name(s) of the endangered or threatened species that may be attected by the proposed work or
that utilize the designated critical habitat that may be affected by the proposed work As a result
of formal or informal consultation with the FWS orNMFS the District Engineer may add
species specific regional endangered species conditions to the NWPs
b Authorization of an activity by a NWP does not authorize the take of a threatened
or endangered species as defined under the ESA In the - ibsence of separate authorization (e g
an ESA Section 10 Permit a Biological Opinion with incidental take provisions etc) from the
USFWS or the NMFS both lethal and non lethal takes of protected species are in violation of
the ESA Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the USFWS and NMFS or their World Wide
4

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Web pages at http / /www fws gov /r9endspp /endspp litml and http / /ww\v nfms noaa gov /prot
res /overview /es html respectively
12 Historic Properties No activity that may affect historic properties listed or eligible for
listing in the National Register of Historic Places is authorized until the District Engineer has
complied with the provisions of 33 CFR part 325 Appendix C The prospective permittee must
notify the District Engineer if the authorized activity may affect any historic properties listed
determined to be eligible or which the prospective permrttee has reason to believe may be
eligible for listing on the National Register of Histonc Places and shall not begin the activity
until notified by the District Engineer that the requirements of the National Historic Preservation
Act have been satisfied and that the activity is authorized Information on the location and
existence of histonc resources can be obtained from the State Historic Preservation Office and
the National Register of Historic Places (see 33 CFR. 330 4(g)) For activities that may affect
histonc properties listed in or eligible for listing in the National Register of Historic Places the
notification must state which histonc property may be affected by the proposed work or incl ide a
viciiuty map indicating the location of the histonc property
13 Notification
a Timing where required by the terms of the NWP the prospective permittee must
notify the District Engineer with a preconstruction notification (PCN) as early as possible The
District Engineer must determine if the notification is complete within 30 days of the date of
receipt and can request additional information necessary to make the PCN complete only once
However if the prospective permittee does not provide all of the requested information then the
District Engineer will notify the prospective perrriittee that the notification is still incomplete and
the PCN review process will not commence until all of the requested information has been
received by the District Engineer The prospective permittee shall not begin the activity
1 Until notified in writing by the District Engineer that the activity may proceed
under the NWP with any special conditions imposed by the District or Division Engineer or
2 If notified in writing by the District or Division Engineer that an Individual
1 Permit is required or
3 Unless 45 days have passed from the District Engineers receipt of the complete
notification ana the prospective permittee has not received written notice from the District or
Division Engineer Subsequently the permittee s right to proceed under the NWP may be
modified suspended or revoked only in accordance with the procedure set forth in 33 (-FR
330 5(d)(2)
b Contents of Notification The notification must be in writing and include the
following information
1 Name address and telephone numbers of the prospective permittee
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2 Location of the proposed project
3 Bnef description of the proposed project the projects purpose direct and
indirect adverse environmental effects the project would cause any other NWP(s) Regional
General Permit(s) or Individual Permit(s) used or intended to be used to authorize any part
of the proposed project or any related activity Sketches should be provided when necessary to
show that the activity complies with the terms of the NWP (Sketches usually elanfy the project
and when provided result in a quicker decision )
4 For NWPs 7 12 14 18 21 34 38 39 40 41 42 and 43 the PCN
must also include a delineation of affected special aquatic sites including wetlands vegetated
shallows (e g submerged aquatic vegetation seagrass beds) and riffle and pool complexes (see
paragraph 13(f))
S For NWP 7 (Cutfall Stnictures and Maintenance) the PCN must include
information regarding the original design capacities and configurations of those areas of the
facility where maintenance dredging or excavation is proposed
6 For NWP 14 (Linear Transportation Projects) the PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the US and a statement
describing how temporary losses of waters of the US will be minimized to the maximum extent
practicable
7 For NWP 21 (Surface Coal Mining Activities) the PCN must include an Office
of Surface Mining (OSM) or state approved mitigation plan if applicable To be authorized by
this NWP the District Engineer must determine that the activity complies with the terms and
conditions of the NWP and that the adverse environmental effects are minimal both individually
and cumulatively and must notify the project sponsor of tlus determination in wnting
8 For NWP 27 (Stream and Wetland Restoration Activities) the PCN must include
documentation of the prior condition of the site that will be reverted by the permittee
9 For NWP 29 (Single Family Housing) the PCN must also include
i Any past use of this NWP by the Individual Permittee ana/or the permittee s
spouse
n A statement that the single family housing activity is for a personal residence
of the permittee
iii A description of the entire parcel including its size and a delineation of
wetlands For the purpose of this NWP parcels of land measuring \1/4\ acre or less will not
require a formal on site delineation However the applicant shall provide an indication of where
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the wetlands are and the amount of wetlands that exists on the property For parcels greater than
\1/4\ acre in size formal wetland delineation must be prepared in accordance with the current
method required by the Corps (See paragraph 13(o)
iv A written description of all land (including if available legal descnptions)
owned by the prospective permittee and/or the prospective permittee s spouse within a one mile
radius of the parcel in any form of ownership (including any land owned as a partner 4,
corporation point tenant co tenant or as a tenant by the entirety) and any land on which a
purchase and sale agreement or other contract for sale or purchase has been executed
10 For NWP 31 ( Maintenance of Existing Flood Control Facilities) the prospective
permittee must either notify the District Engineer with a PCN prior to each maintenance activity
or submit a five year (or less) maintenance plan In addition the PCN must include all of the
following
i Sufficient baseline information identifying the approved channel depths and
configurations and existing facilities Minor deviations are authorized provided the approved
flood control protection or drainage is not increased
ii A delineation of any affected special aquatic sites including wetlands and
in Location of the dredged material disposal site
I 1 For NWP 33 (Temporary Construction Access and Dewatenng) the PCN must
also include a restoration plan of reasonable measures to avoid and minimize adverse effects to
aquatic resources
12 For NWPs 39 43 and 44 the PCN must also include a written statement to the
District Engineer explaining how avoidance and minimization for losses of waters of the US
were achieved on the project site
13 For NWP 39 and NWP 42 the PCN must include a compensatory mitigation
proposal to offset losses of waters of the US orjustification explaining why compensatory
mitigation should not be required For discharges that cause the loss of greater than 300 linear
feet of an intermittent stream bed to be authonzed the District Engineer must determine that the
activity complies with the other terms and conditions of the NIA r determine adverse
environmental effects are minimal both individually and cumulatively and waive the limitation
on stream impacts in venting before the permittee may proceed
14 For NWP 40 (Agricultural Activities) the PCN must include a compensatory
mitigation proposal to offset losses of waters of the US This NWP does not authorize the
relocation of greater than 300 linear feet of existing serviceable drainage ditches constructed in
non tidal streams unless for drainage ditches constructed in intermittent nontidal streams the
Distnct Engineer waives this criterion in wnting and the District Engineer has determined that
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the project complies with all terms and conditions of this NWP and that any adverse impacts of
the project on the aquatic environment are minimal both individually and cumulatively
15 For NWP 43 (Stormwater Management Facilities) the PCN must include for
the construction of new stormwater management facilities a maintenance plan (in accordance
with state and local requirements if applicable) and a compensatory mitigation proposal to offset
losses of waters of the US For discharges that cause the loss of greater than 300 linear feet of an
intermittent stream bed to be authorized the District Engineer most determine that the activity
complies with the other terms and conditions of the NWP determine adverse environmental
effects are minimal both individually and cumulatively and waive the limitation on stream
impacts in wntmg before the permittee may proceed
16 For NWP 44 (Mining Activities) the PCN must include a description of all
waters of the US adversely affected by the project a description of measures taken to minimize
adverse effects to waters of the US a description of measures taken to comply with the criteria of
the NWP and a reclamation plan (for all aggregate mining activities in isolated waters and
non tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities)
17 For activities that may adversely affect Federally listed endangered or
threatened species the PCN must include the names) of those endangered or threatened species
that may be affected by the proposed work or utilize the designated critical habitat that may be
affected by the proposed work and
18 For anti,, ities that may affect historic properties listed in or eligible for listing
in the National Register of Historic Places the PCN must state which historic property may be
affected by the proposed work or include a vicinity map indicating the location of the historic
property
c Form of Notification The standard Individual Permit application form (Form ENG
4345) may be used as the notification but must clearly indicdte that it is a PCN and must include
all of the information required in (b) (1) (18) of General Condition 13 A letter containing the
requisite information may also be used
d Distnct Engineers Decision In reviewing the PCN for the proposed activity the
Distnct Engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to' the
public interest The prospective permittee may submit a proposed mitigation plan with the PCN
to expedite the process The Distnct Engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal If the
District Engineer determines that the activity complies with the terms and conditions of the NWP
and that the adverse effects on the aquatic environment are minimal after considering mitigation
the Distnct Engineer will notify the permittee and include any conditions the District Engineer
deems necessary The Distnct Engineer must approve any compensatory mitigation proposal
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before the permittee commences work It the prospective permittee is required to submit a
compensatory mitigation proposal "ith the PCN the proposal may be either conceptual or
detailed If the prospective pennittee elects to submit a compensatory mitigation plan with the
PCN the District Engineer will expedit ously review the proposed compensatory mitigation plan
The Distnct Engineer must review the plan within 45 days of receiving a complete PCN and
determine whether the conceptual or specific proposed mitigation would ensure no more than
minimal adverse effects on the aquatic environment If the net adverse effects of the project on
the aquatic environment (after consideration of the compensatory mitigation proposal) are i
determined by the Distnct Engineer to be minimal the District Engineer will provide a timely
written response to the applicant The response will state that the project can proceed under the
terms and conditions of the NWP
If the Distnct Engineer determines that the adverse effects of the proposed work are more
than minimal then the Distnct Engineer will notify the applicant either
That the project does not qualify for authonzation under the NWP and instruct
the applicant on the procedures to seek authonzation under an Individual Permit
2 that the project is authorized under the NWP subject to the applicants submission
of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the
minimal level or
3 that the project is authorized under the NWP with specific modifications or
conditions Where the Distnct Engineer determines that mitigation is required to ensure no more
than minimal adverse effects occur to the aquatic environment the activity will be authorized
within the 45 -day PCN period The authorization will include the necessary conceptual or
specific mitigation or a requirement that the applicant submit a mitigation proposal that would
reduce the adverse effects on the aquatic environment to the minimal level When conceptual
mitigation is included or a mitigation plan is required under item (2) above no work in waters of
the US will occur until the Distnct Engineer has approved a specific mitigation plan
e Agency Coordination The Distnct Engineer will consider any comments from
Federal and state agencies concerning the proposed activity compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project s adverse environmental
e ffects to a minimal level
For activities requiring notification to the Distnct Engineer that result in the loss of greater
than \1/2\ acre of wate -s of the US the Distnct Engineer will provide immediately (e g via
facsimile transmission overnight mail or other expeditious manner) a copy to the appropriate
Federal or state offices (USFWS state natural resource or water quality agency EPA State
Historic Preservation Officer (SHPO) and if appropriate the NMFS) With the exception of
NWP 37 these agencies will then have 10 calendar days from the date the material is transmitted
to telephone or fax the Distnct Engineer notice that they intend to provide substantive
site specific comments If so contacted by an agency the District Engineer will wait an
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additional 15 calendar days before making a decision on the notification The District Engineer
will fully consider agency comments received within the specified time frame but will provide
no response to the resource agency except as provided below The District Engineer will t»dicate
in the administrative record associated with each notification that the resource agencies concerns
were considered As required by section 305(b)(4)(B) of the Magnuson Stevens Fishery
Conservation and Management Act the District Engineer will pro\ ide a response to NMFS
within 30 days of receipt of any Essential Fish Habitat conservation recommendations
Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
agency notification
f Wetland Delineations Wetland delineations must be prepared in accordance with the
curTent method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than
(\1/4\ acre in si/-e) The penmittee may ask the Corps to delineate the special aquatic site There
may be some delay if the Corps does the delineation Furthermore the 45 day period will not
start until the wetland delineation has been completed and submitted to the Corps where
appropnate
14 Compliance Certification Every permittee who has received NWP verification from the
Corps will submit a signed certification regarding the completed work and any required
mitigation The certification will be forwaided by the Corps with the authonzation letter and will
include
a A statement that the authorized work was done in accordance with the Corps
authonzation including any general or specific conditions
b A statement that any required mitigation was completed in accord ince A ith the
permit conditions and
c The signature of the permittee certifying the completion of the work and mitigation
15 Use of Multiple Nationwide Pen-nits The use of more than one NWP for a single and
complete project is prohibited except when the acreage loss of waters of the US authonzed by
the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit
(e g if a road crossing over tidal waters is constructed under NWP 14 wtth associated bank
stabilization authonzed by NWP 13 the maximum acreage loss of waters of the US for the total
project cannot exceed \ 1/3\ acre)
16 Water Supply Tntakes No activity including structures and work in navigable waters of
the US or discharges of dredged or fill material may occur in the proximity of a public water
supply intake except where the activity is for repan of the public water supply intake structures
or adjacent bank stabilization
17 Shellfish Beds No activity including structures and work in navigable waters of the US
or discharges of dredged or fill material may occur in areas of concentrated shellfish
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populations unless the activity is directly related to a shellfish harvesting activity authorized by
N WP 4
18 Suitable Material No activity including structures and work in navigable waters of the
US or discharges of dredged or fill material may consist of unsuitable material (e g trash
debns car bodies asphalt etc ) and material used for construction or discharged must be free
from toxic pollutants in toxic amounts (see section 307 of the CWA)
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19 Mitigation The District Engineer will consider the factors discussed below when
determining the acceptability of appropnate and practicable mitigation necessary to offset
adverse effects on the aquatic environment that are more than minimal
a The project must be designed and constructed to avoid and minimize adverse effects
to waters of the US to the maximum extent practicable at the project site (i e on site)
1 b Mitigation in all its forms (avoiding minimizing rectifying reducing or
compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal
c Compensatory mitigation at a minimum one for one ratio will be required for all
wetland impacts requinng a PCN unless the District Engineer determines in wnting that some
other form of mitigation would be more environmentally appropnate and provides a
_ project specific waiver of this requirement Consistent with National policy the Distnct
Engineer will establish a preference for restoration of wetlands as compensatory mitigation with
preservation used only in exceptional circumstances
d Compensatory mitigation (i e replacement or substitution of aquatic resources for
those impacted) will not be used to increase the acreage losses allowed by the acreage limits of
some of the NWPs For example \1/4\ acre of wetlands cannot be created to change a \3/4 \acre
loss of wetlands to a \1/2\ acre loss associated with NWT 39 verification However \1/2\ acre of
created wetlands can be used to reduce the impacts of a \112\ acre loss of wetlands to the
tminimum impact level in order to meet the minimal impact requirement associated with NWPs
e To be practicable the mitigation must be available and capable of being done
considenno costs existing technology and logistics in hgh, of the overall project purposes
Examples of mitigation that may be appropnate and practicable include but are not limited to
reducing the size of the project establishing and maintaining wetland or upland vegetated buffers
to piotect open waters such as streams and replacing losses of aquatic resource functions and
values by creating restonng enhancing or preserving similar functions and values preferably in
the same watershed
f Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the establishment maintenance and legal protection
(e g ea.,ements deed restnctions) of vegetated buffers to open waters In many cases vegetated
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buffers will be the only compensatory mitigation required Vegetated buffers should consist of
native species The width of the veget -ited buffers iequned will 'iddiess documented water
quaht� or aquatic habitat loss concerns Norm -illy the N e,et -ited buffer will be 25 to 50 feet
wide on each side of the stream but the District Engineeis may requiie slightly wider % egetated
buffers to address documented water quality or habitat loss concerns Where both wetlands and
open waters exist on the project site the Corps will deteri ime the appropriate compensatory
mitigation (e g stream buffers or wetlands compensation) based on what is best for the aquatic
environment or a watershed basis In cases where vegetated buffers are determined to be the
most appropriate form of compensatory mitigation the District Engineer may waive or reduce
the requirement to provide wetland compensatory mitigation for wetland impacts
g Compensatory mitigation proposals submitted with the notification may be either
conceptual or detailed If conceptual plans are approved under the verification then the Corps
will condition the verification to require detailed plans be submitted and approved by the Corps
prior to construction of the authorized activity in waters of the US
h Permittees may propose the use of mitigation banks in lieu fee arrangements or
separate activity specific compensatory mitigation In all cases that require compensatory
mitigation the mitigation provisions w ill specify the party responsible for accomplishing and/or
complying with the mitigation plan
20 Spawning Areas Activities including structures and work in navigable waters of the
US or discharges of dredged or fill material in spawning areas during spawning seasons must be
JM a-� oided to the maximum extent practicable Activities that result in the physical destruction (e g
excavate fill or smother downstream by substantial turbidity) of an important spawning area are
not authorized
21 Management of Water Flows To the maximum extent practicable the activity must be
designed to maintain preconstruction downstream flow conditions (e g location capacity and
flow rates) Furthermore the activity must not permanently restrict or impede the passage of
normal or expected high flows (unless the primary purpose of the fill is to impound waters) acid
the structure or discharge of dredged or fill material must withstand expected high flows The
activity must to the maximum extent practicable provide for retaining excess flows from the
site provide for maintaining surface flow rates from the site similar to preconstruction
conditions arid provide for not increasing water flows from the project site relocating water or
redirecting water flow beyond preconstruction conditions Stream channelizing will be reduced
to the minimal amount necessary and the activity must to the maximum extent practicable
reduce adverse effects such as flooding or erosion downstream and upstream of the project site
unless the activity is part of a larger system designed to manage water flows In mot cases it
will not be a requirement to conduct detailed studies and monitoring of \A ater flow
This condition is only applicable to projects that have the potential to affect waterflows
While appropriate measures must be taken it is not necessary to conduct detailed studies to
identify such measures or require monitoring to ensure their effectiveness Normally the Corps
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will defer to state and local authorities regarding management of water flow
22 Adverse Effects From Impoundments if the activity cieates an impoundment of water
adverse effects to the aquatic system due to the acceleration of the passage of water and /or the
restneting its flow shall be minimized to the maximum extent practicable This includes
structures and work in navigable waters of the US or discharges of dredged or fill matenal
including structures and work in navigable
23 Waterfowl Breeding Areas Activities'
waters of the US or discharges of dredged or fill material into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable
24 Removal of Temporary Fills Any temporary fills must be removed in their entirety and
the areas returned to their elevation
affected preexisting
25 Designated Critical Resource Waters Critical resource waters include
NOAH designated marine sanctuaries National Estuarine Research Reserves National Wild and
Scenic Rivers critical habitat for Federally listed threatened and endangered species coral reefs
state natural heritage sites and outstanding national resource waters or other waters officially
designated by a state as having particular environmental or ecological significance and identified
by the District Engineer after notice and opportunity for public comment The District Engineer
may also designate additional critical resource waters after notice and opportunity for comment
a Except as noted below discharges of dredged or fill material into waters of the US
are not authorized by NWPs 7 12 14 16 17 21 29 31 35 39 40 42 43 and 44 for any
activity within or directly affecting critical resource waters including wetlands adjacent to such
waters Discharges of dredged or fill materials into waters of the US may be authorized by the
above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition
7 Further such discharges may be authorized in designated critical habitat for Federally listed
threatened or endangered species if the activity complies with General Condition I 1 and the
USFWS or the N7v1FS has concurred in a determination of compliance with this condition
b For NWPs3 8 10 13 15 18 19 22 23 25 27 28 30 33 34 36 37 and 38
notification is required in accordance with General Condition 13 for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters The District
Engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal
26 hills Within 100 Year Floodplains For purposes of this General Condition 100 year
floodplains will be identified through the existing Federal Emergency Management Agency s
(FEMA) Flood Tnsurance Rate Maps or FFMA ipproved local (loodplain maps
a Discharges in Floodplain Below Headwaters Discharges of dredged or fill material
into waters of the US within the mapped 100year Floodplain below headwaters (i e five cfs)
resulting in permanent above grade fills are not authorized by NWPs 39 40 42 43 and 44
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b Discharges in Floodway Above Headwaters Discharge, of dredged or fill material
into waters of the US within the FEMA or locally m -ipped floodway resulting in perm inept
above grade fills are not authorized by NWPs 39 40 42 and 44
c The perMittee must comply with any applicable FEMA approved state or local
floodplain management requirements
27 Constriction Period For activities that have not been venfied by the Corps and the
project was commenced or under contract to commence by the expiration date of the NWP (or
modification or revocation date) the A ork must be completed within 12 months after such date
(including any modification that affects the project)
For activities that have been venfied and the project was commenced or under contract to
commence witlun the verification penod the work must be completed by the date determined by
the Corps
For projects that have been venfied by the Corps an extension of a Corps approved
completion date maybe requested This request must be submitted at least one month before the
previously approved completion date
FURTHER INFORMATION
1 District Engineers have authority to determine if an activity complies with the terns and
conditions of a N1VP
2 NWPs do not obviate the need to obtain other Federal State or local permits approvals or
authorizations required by law
1 3 NWPs do not grant any property rights or exclusive pnvileges
4 NWPs do not authorize any injury to the property or rights of others
5 NWPs do not authorize interference with any existing or proposed Federal project
DEFINITIONS
Best Management Practices (BMPS) BMPs are policies practices procedures or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development BMPs are categorized as structural or nonstnictural A BMP policy may
affect the limits on a development
Compensatory Mitigation For purposes of Section 10/404 compensatory mitigation is the
restoration creation enhancement or in exceptional circumstances preservation of wetlands
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may be used to offset losses of aqu -itic functions and values The loss of stream bed includes the
linear feet of stream bed that is filled of excaN died Wateis of the US tempoi -irily filled flooded
excavated or drained but restored to pieconstruction contour s ind elegy ations after construction
arP not included in the measurement of lo,s of waters of the US Impacts to ephemeral waters
are only not included in the acreage or linear foot measuiements of loss of waters of the US or
loss of stream bed for the purpose of determining compliance \� ith the threshold limits of the
NWPs
Non tidal Wetland An area that during a year with normal patterns of precipitation has standing
or flowing water for sufficient duration to establish an ordinary high water mark Aquatic
vegetation within the area of standing or flowing water is either non emergent sparse or absent
Vegetated shallows are considered to be open waters The term open water includes rivers
streams lakes and ponds For the purposes of the NWPs this term does not include ephemeral
waters
Perennial Stream A perennial stream has flowing water year round during a typical year The
water table is located above the stream bed for the most of the year Groundwater is the pnmary
source of water for stream flow Runoff from rainfall is a supplemental source of w ater for
stream flow
Permanent Above grade Fill A discharge of dredged or fill material into waters of the US
including wetlands that results in a substantial increase in ground elevation and permanently
converts part or all of the waterbody to dry land Structural fills authorized by NWPs 3 25 36
etc are not included
Preservation The protection of ecologically important wetlands or other aquatic resources in
perpetuity through the implementation of appropriate legal and physical mechanisms
Preservation may include protection of upland areas adjacent to wetlands as necessary to ensure
protection and/or enhancement of the overall aquatic ecosystem
Restoration Re establishment of wetland and /or other aquatic resource characteristics and
function(s) at a site where they have ceased to exist or exist in a substantially degraded state
Rife and Pool Complex Riffle and pool complexes are special aquatic sites under the 404(b)(1)
Guidelines Riffle and pool complexes sometimes characterize steep gradient sections of
streams Such stream sections are recognizable by their hydraulic charactenstics The rapid
movement of water over a course substrate in riffles results in a rough flow a turbulent surface
and high dissolved oxygen levels in the water Pools are deeper areas associated with riffles A
slower stream velocity a streaming flow a smooth surface and a liner substrate characterize
Pools
Single and Complete Project The term single and complete project is defined at 33 CFR
330 2(1) as the total project proposed or accomplished by one owner /developer or partnership or
other association of owners /developers (see definition of independent utility) For linear
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Vegetated Shallows Vegetated shallows are special aquatic sites under the 404(b)(I)
Guidelines They are area that are permanently inundated and under normal circumstances have
rooted aquatic vegetation such as seagrasses in marine and estuarine systems and a variety of
vascular rooted plants in freshwater systems
Waterbody A waterbody is any area that in a normal year has water flowing or standing above
ground to the extent that evidence of an ordinary high water mark is established Wetlands
contiguous to the waterbody are considered part of the waterbody
FINAL REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE
WILMINGTON DISTRICT
I Waters Excluded from NWP or Subject to Additional Notification Requirements
a The Corps identified waters that will be excluded from use of this NWP These waters are
1 Discharges into Waters of the United States designated by either the North ( arolina
Division of Manne Fishenes ( NCDMF) or the North Carolina Wildlife Resources Commission
(NCWRC) as anadromous fish spawning area are prohibited during the penod between February
15 and June 30 without pnor wntten approval from NCDMF or NCWRC and the Corps
2 Discharges into Waters of the United States designated as sturgeon spawning areas are
prohibited dunng the penod between February 1 and June 30 without prior written approval
from the National Marne Fisheries Service (NMFS)
identified waters that will be subject to additional notification requirements for
b The Corps id J
activities authonzed by this NWP These waters are
1 Prior to the use of any NWP in any of the following North Carolina designated waters
applicants must comply with Nationwide Permit General Condition 13 In addition the
applicant must furnish a written statement of compliance with all of the conditions of the
applicable Nationwide Permit The North Carolina designated waters th-it require additional
notification requirements are Outstanding Resource Waters (ORW) and High Quality Waters
(HQW) (as defined by the North Carolina Division of Water Quality) or Inland Pnmary
Nursery Areas (IPNA) (as defined by the North Carolina Wildlife Resources Commission) or
contiguous wetlands (as defined by the North Carolina Division of Water Quality) or Pnmary
Nursery Areas (PNA) (as defined by the North Carolina Division of Marine Fishenes)
2 Applicants for any NWP in a designated Area of hnvironmental Concern (AEC) in the
twenty (20) coastal counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA) must also obtain the required CAMA permit Construction
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activities may not commence until a copy of the approved CAMA permit is furnished to the
appropriate Wilmington District Regulatory Field Office (Wilmington Field Office — P O Box
1890 Wilmington NC 28402 or Washington Field Office — P O Box 1000 Washington NC
27889) for authorization to begin work
3 Prior to the use of any NWP on a Bamer Island of North Carolina applicants must
comply with Nationwide Permit General Condition 13 In addition the applicant shall furnish a
written statement of compliance with all of the conditions listed of the applicable Nationwide
Permit
4 Prior to the use of any NWP in a Mountain or Piedmont Bog of North Carolina
applicants shall comply with Nationwide P(,nnrt General Condition 13 In addition the applicant
shall famish a written statement of compliance with all of the conditions listed of the applicable
NWP
Note The following wetland community types identified in the N C Natural Heritage Program
document Classification of Natural communities of North Carolina (Michael P Schafale and
Alan S Weakley 1990) are subject to this regional condition
Mountain Bogs Piedmont Bogs
Swamp Forest Bog Complex Upland Depression Swamp Forest
Swamp Forest Bog Complex (Spruce Subtype)
Southern Appalachian Bog (Northern Subtype)
Southern Appalacluan Bog (Southern Subtype)
Southern Appalachian Fen
5 Prior to the use of any NWP in Mountain Trout Waters within twenty five (25)
designated counties of North Carolina applicants shall comply with Nationwide General
Condition 13 In addition the applicant shall furnish a written statement of compliance with all
of the conditions listed of the applicable NAP Notification will include a letter of comments
and recommendations from the North Carolina Wildlife Resources Commission ( NCWRC) the
location of work a delineation of wetlands a discussion of alternatives to working in the
Mountain Trout Waters why other alternatives were not selected and a plan to provide
compensatory mitigation for all unavoidable adverse impacts to the Mountain Trout Waters To
facilitate coordination with the NCWRC the proponent may prov de a copy of the notification to
the NCWRC concurrent with the notification to the Disinct Engineer The NCWRC will
respond both to the proponent and directly to the Corps of Engineers
The twenty five (25) designated counties are
Alleghany Ashe Avery Yancey
Buncombe Burke Caldwell Wilkes
Cherokee Clay Graham Swain
Haywood Henderson Jackson Surry
Macon Madison McDowell Stokes
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Mitchell Polk Rutherford
Transylvania Watauga
6 Applicants shall notify the NC DENR Shellfish Sanitation Section prior to dredging in or
removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell fishing or swimming in order to avoid contamination of the disposal area and
allow a temporary shellfish closure to be made Any disposal of sand to the beach should occur
between November 1 and April 30 when recreational usage is low Only clean sand should be
used and no dredged sand from closed shell fishing areas If beach disposal was to occur at times
other than stated above or if sand from a closed shell fishing area is to be used a swim advisory
shall be posted and a press release shall be made NCDENR Shellfish Sanitation Section must be
notified before commencing this activity
2 List of Final Corps Regional Modifications and Conditions for All Nationwide Permits
a Individual or multiple NWPs may not be used for activities that result in the cumulative
loss or degradation of greater than 300 total linear feet of perennial streambed or intermittent
streambed that exhibits important aquatic function(s)
b Prior to the use of any NWP (except 13 27 and 39) for any activity that has more than a
total of 150 total linear feet of perennial streambed impacts or intermittent streambed impacts (if
the intermittent stream has important aquatic function) the applicant must comply with
Nationwide Permit General Condition 13 In addition the applicant shall furnish a written
statement of compliance with all of the conditions listed of the applicable NWP Compensatory
mitigation is typically required for any impact that requires such notification [Note The Corps
uses the Intermittent Channel Evaluation Form located with Permit Information on the
Regulatory Program Web Site to aid in the determination of the intermittent channel stream
status Also NWPs 13 27 and 39 have specific reporting requirements ]
c For all Nationwide Permits which allow the use of concrete as a building material
measures will be taken to prevent live or fresh concrete mclud ng bags of i,ncured concrete
from coming into contact with waters of the state until the concrete has hardened
d For all Nationwide Permits that allow for the use of riprap material for bank
stabilization filter cloth must be placed underneath the nprap as an additional requirement of its
use in North Carolina waters
e For all NWPs that involve the construction of culverts measures will be. included
in the construction that will promote the safe passage of fish and other aquatic organisms
All culverts in the 20 CAMA coastal counties must be buried to a depth of one foot below the
Roaaw r
Approach Fill
Et Culve rt boned
b low ropy t d
to ppropnai
Stream depth 20
Bottom

bed of the stream or wetland For all culvert construction activities the dimension pattern and
profile of the stream (above and below a pipe or culvert) should not be inodified 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 Bottomless arch culverts will
satisfy this condition A waiver from the depth specifications in this Regional Condition may be
requested in wnting The waiver will only be issued if it can be demonstrated that the impacts of
complying with this Regional Condition would result in more adverse impacts to the aquatic
environment
I Additional Regional Conditions Applicable to this Specific Nationwide Permit
a Natural channel design must be applied to the maximum extent practicable for
stream relocations The N C Wildlife Resources Commission and the N C Division of Water
Quality provides Guidelines that are available to assist in the planning and design
b Bank full flows (or less) shall be accommodated through maintenance of the
Approach Fill
Roadway
Culvert burred
Ba�cfull below streambed
to appropnate
BafTiel Strewn depth
Blockage Botiom
existing bank full channel cross sectional area Additional culverts at such crossings shall be
allowed only to receive flows exceeding bank full
c Flows exceeding bank full shall be accommodated by installing culverts at the
floodplain elevation where adjacent floodplain is available
d NWP 14 cannot be used for piivate projects located in tidal waters or tidal wetlands
e The activities associated with NWP 14 require a pre construction notification if the-,
will result in the loss of greater than 150 total linear feet of perennial streambed or intermittent
stream that exhibits important aquatic function(s)
Approach Fill
Roadway �—
t
F7oodplain
Elevation
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NORTH CAROLINA DIN71SION OF WATER QUALITY
GENERAL CERTIFICATION CONDITIONS
GC3375
1 Emimerating and Reporting of Impacts
a Streams Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel Permanent and/or temporary
stream impacts shall be enumerated on the entire project for all impacts regardless of 'A hich 404
Nationwide Permits are used Stream relocations and streambed and/or bank hardening are
considered to be permanent stream impacts Any activity that results in a loss of use of stream
functions including but not limited to filling relocating flooding dredging and complete
shading shall be considered stream impacts Enumeration of impacts to streams shall include
streams enclosed by bottomless culverts bottomless arches or other spanning structures when a
404 Permit is used anywhere in a project unless the entire structure (including construction
impacts) spans the entire bed and both banks of the stream is only used for a road driveway or
path crossing and is not mitered to follow the stream pattern Impacts for dam footpnnts and
flooding will count toward the threshold for stream impacts but flooding upstream of the dam
will not (as long as no filling excavation relocation or other modification of the existing stream
dimension pattern or profile occurs) count towards mitigation
b Wetlands Impacts to wetlands as determined by the Division of Water Quality shall be
measured as area Permanent and/or temporary wetland impacts shall be enumerated on the entire
project for ell impacts regaidless of which 404 Nationwide Permits are used Any activity that
results in a loss of use of wetland functions including but not limited to filling draining and
flooding shall be considered wetland impacts Enumeration of impacts to wetlands shall include
activities that change the hydrology of a wetland when a 404 Permit is used anywhere in a
project
c Lakes and Ponds — Lake and Pond Impacts Enumeration Impacts to waters other than
streams and wetlands as determined by the Division of Water Quality shall be measured as area
Permanent and/or temporary water impacts shall be enumerated on the entire project for all
impacts proposed regardless of which 404 Nationwide Permits are used Any activity that results
in a loss of use of aquatic functions including but not limited to filling and dredging shall be
considered waters impacts
2 Proposed fill or substantial modification of wetlands or waters (including streams) under this
General Certification requires application to and prior written concurrence from the Division of
Water Quality
3 Impacts to any stream length in the Neuse Tar Pamlico or Randleman River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time
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of application) requires written concurrence for this Certification from DWQ in accordance with
15A NCAC 2B 0200 Act, Ines listed as exempt from these rules do not need to apply for
written concurrence under tills Ceitific-ition Nei\ development icti\ itics loc iced in the protected
50 foot wide riparian areas (whether lunsdictronal wetlands of not) IN ithin the NeUSe and Tar
Pamlico River Basins shall be limited to uses identified within and conshucted in accordance
with 15A NCAC 2B 0200 All new development shall be located designed constructed and
maintained to have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices
4 Additional site specific stormwater management requirements may be added to this
Certification at DWQ s discretion on a case by case basis for projects that have or are anticipated
to have impervious cover of greater than 30 percent Site specific stormwater management shall
be designed to remove 85% TSS according to the latest version of DWQ s Stormwater Best
Management Practices manual at a minimum Additionally in watersheds within one mile and
draining to 303(d) listed waters as well as watersheds that are classified as nutrient sensitive
waters (NSW) water supply waters (WS) trout waters (Tr) high quality waters (HQW) and
outstanding resource waters (ORW) the Division shall require that extended detention wetlands
bio retention areas and ponds followed by forested filter strips (designed according to latest
version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part
of the stormwater management plan when a site specific stormwater management plan is
required Alternative designs may be requested by the applicant and will be reviewed on a case
by case basis by the Division of Water Quality Approval of stormwater management plans by
the Division of Water Quality s other existing state stormwater programs including appropnate
local programs are sufficient to satisfy this Condinbil as long as the stormwater management
plans meet or exceed the design requirements specified in this condition This condition applies
unless more stnngent requirements are in effect from other state water quality programs
a Unless specified otherwise in the approN al letter the final written stormwater management
plan shall be approved in wnting by the Division of Water Quality s Wetlands Unit before the
impacts specified in this Certification occur
b The facilities must be designed to treat the runoff from the entire project unless otherwise
explicitly approved by the Division of Water Quality
c Also before any permanent building or other structure is occupied at the subject site the
facilities (as approved by the Wetlands Unit) shall be constructed and operahunal and the
stormwater management plan (as approved by the Wetlands Unit) shall be implemented
fhe structural stormwater practices as approved by the Wetlands Unit as well as drainage
pattems must be maintained in perpetuity
e No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality
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5 Compensatory stream mitigation shall be required at a 1 1 ratio for all perennial and
intermittent stream impacts equal to or exceeding 150 feet and that require application to DWQ
in watersheds classified as ORW HQW Tr WS i and WS II
6 In accordance with North Carolina General Statute Section 143 215 31)(e) any application for
a 401 Water Quality Certification must include the appropriate fee If a project also requires a
CAMA Permit one payment to both agencies shall be submitted and will be the higher of the
two fees
7 In accordance with 15A NCAC 2H 0506 (h) compensatory mitigation may be required for
impacts to 150 linear feet or more of streams and/or one acre or more of wetlands For linear
public transportation projects impacts equal to or exceeding 150 feet per stream may require
mitigation In addition buffer mitigation may be required for any project with Buffer Rules in
effect at the time of application for buffer impacts resulting from activities classified as
allowable with mitigation' within the' Table of Uses section of thT Buffer Rules or require a
variance under the Buffer Rules A determination of buffer wetland and stream mitigation
requirements shall be made for any Certification for this Nationwide Permit The most current
design and monitoring protocols from DWQ shall be followed and written plans submitted for
DWQ approval -is required in those protocols When compensatory mitigation is required for a
project the mitigation plans must be approved by DWQ in writing before the impacts approved
by the Certification occur unless otherwise specified in the approval letter The mitigation plan
must be implemented and/or constructed before any permanent building or structure on site is
occupied In the case of public road projects the mitigation plan must be implemented before the
road is opened to the traveling public Projects may also be implemented once payment is made
to a pnvate mitigation bank or other in lieu fee program as specified in the written concurrence
of 401 Certification for a project Please note that if a stream relocation is conducted as a stream
restoration as defined in The Internal Technical Guide for Stream Work in North Carolina April
2001 the restored length can be used as compensatory mitigation for the impacts resulting from
the relocation
8 For any project involving re alignment of streams a stream relocation plan must be included
with the 401 application for written DWQ approval Relocated stream designs should include the
same dimensions patterns and profiles as the existing channel to the maximum extent practical
The new channel should be constructed in the dry and water shall not be turned into the new
channel until the banks are stabilized Vegetation used for bank stabilization shall be limited to
include establishment of a 30 foot wide wooded and an
native woody species and should
adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum
extent practical A transitional phase incorporating coin fiber and seedling establishment is
allowable Also nprap may be allowed if it is necessary to maintain the physical integrity of the
stream but the applicant must provide written justification and any calculations used to
determine the extent of riprap coverage requested If suitable stream mitigation is not practical
on site then stream impact will need to be mitigated elsewhere
9 Placement of culverts and other structures in waters streams and wetlands must be placed
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below the elevation of the streambed to allow low flow passage of water and aquatic life unless it
can be shown to DWQ that providing passage would be impractical Design and placement of
culverts including open bottom or bottomless atch culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in
aggradation degradation or significant changes in hydrology of wetlands or stream beds or
banks adjacent to or upstream and down stream of the above structures The applicant is required
to provide evidence that the equilibrium shall be maintained if requested to do so in wnting by
DWQ 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 constnction of the floodway
that may result in aegradation degradation or significant changes in hydrology of streams or
wetlands
10 That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual or the North Carolina Surface Mining Manual whichever is
more appropnate (available from the Division of Land Resources (DLR) in the DENR Regional
or Central Offices) shall be in full compliance with all specifications governing the proper
design installation and operation and maintenance of such Best Management Practices in order
to assure compliance with the appropriate turbidity water quality standard
1 I All sediment and erosion control measures placed in wetlands and waters shall be removed
and the onginai grade restored within two months after the Division of Land Resources has
released the project
12 That additional site specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards
13 Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has Hardened
14 If an environmental document is required this Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Cleannghouse
15 If this Certification is used to access bui,oing sites all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
Certifications For road - onstruction purposes this Ce-tification shall only be utilized from
natural high ground to natural high ground
16 When written concurrence is required the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed
25

17 Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the expiration date
of the corresponding Nationwide Permit 14 whichever is sooner
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
STATE CONSISTENCY
Consistent
Citations
2002 Nationwide Permits - Federal Register Notice 15 Jan 2002
2002 Nationwide Permits Corrections Federal Register Notice 13 Feb 2002
2002 Regional Conditions — Authorized 17 May 2002
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U S ARMY CORPS OF ENGINEERS
Wilmington District
Action ID 200220862 / 200320805 / 200320806 County Wake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant
Town of Carte
Attn Mr Tim Bailey
Address 318 North Academy Street
Cary, North Carolina 27513
Telephone Number 919 469 4034
Size and Location of Property (waterbody, Highway name /number, town, etc) The proposed road
widening is located on Tryon Road between its intersection with Kildaire Farm Road and Holly Springs
Road, in Cary Wake County North Carolina
tDescription of Activity Tlus permit authorizes excavation the installation of culverts and the
placement of fill associated with the widening of Tryon Road Temporary impacts to stream channels
authorized by this permit are 261 linear feet Total permanent impacts to stream channels authorized by
this permit are 512 linear feet Please see attached special conditions for mitigation requirements
Applicable Law _ X Section 404 (Clean Water Act 33 USC 1344) only
Section 10 (River and Harbor Act of 1899) only
Authorization Regional General Permit Number
14 Nationwide Permit Number
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and /or appropriate legal action
This Department of the Army Regional General Permit or Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
approvals /permits The permittee may need to contact appropriate State and local agencies before
beginning work If you have any questions regarding the Corps of Engineers regulatory program,
please contact Amanda D ]ones at telephone number [phone] extension 30
Regulatory Project Manager Signature f �--
V
Date May 14 2003 Expiration Date May 14 2005
SURVEY PLATS FIELD SKETCH WETLAND DELINEATION FORM ETC MUST BE ATTACHED
TO IHE YELLOW (FILE) COPY OF THIS FORM IF REQUIRED OR AVAILABLE
CF Wetlands Restoration Program Attn Ron Ferrell 1619 Mail Service Center Raleigh NC 27699 1619
Kimley Horn and Associates Attn Chuck Nuckols P 0 Box 33068 Raleigh NC 27636 3068

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Action ID 200220862 / 200320805 / 200320806 County Wake
SPECIAL PERMIT CONDMON
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1 You shall mitigate for 512 linear feet of stream channel associated with tlus
project by payment to the North Carolina Wetlands Restoration Program
(NCWRP) in the amount necessary to perform restoration to 1024 linear feet of
warm water stream in the upper Neuse River Basin (Cataloging Unit 03020201)
Construction wrtlun jurisdictional areas on the property shall begin only after the
permrttee has made full payment with certified check to the NCWRP, and the
NCWRP has made written confirmation to the District Engineer that it agrees to
accept responsibility for the nutrgatron work required pursuant to Paragraph
IV D of the Memorandum of Understanding between the North Carolina
Department of Environment and Natural Resources and the U S Army Corps of
Engineers, Wilmington District, dated November 4 1998
REGIONAL CONDITIONS
2 For all NWPs that involve 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 buned 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 buned below the bed of the stream to a depth equal to or greater
than 20 percent of the diameter of the culvert
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Permit Number 2000220862 / 200320805 / 200320806 — Nationwide Permit
Number 14
Name of Permittee Town of Cary / Tryon Road Widening
Project Manager Amanda D Jones
Issuance May 14, 2003
Upon completion of the activity authorized by thus permit and any mitigation required by
the permit sign this certification and return it to the following address
US ARMY CORPS OF ENGINEERS
RALEIGH REGULATORY FIELD OFFICE
6508 FALLS OF NEUSE ROAD, SUITE 120
RALEIGH, NORTH CAROLINA 27615
Please note that your pemutted activity is subject to a compluanLe inspection by an U S
Army Corps of Engineers representative if you fail to comply with thus permit you are
subject to permit suspension, modification or revocation
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the terms and condition of the said permit and required
mitigation was completed in accordance with the permit conditions
Signature of Permit-tee

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APPROVAL of 401 Water Quality Certification
Michael F Easley Governor
William G Ross Jr Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek P E Director
Division of Water Quality
September 13 2004
Wake County
DWQ No 030141
Town of Cary
Attn Mr Tim Bailey
318 North Academ} Street
Cary NC 27513
Dear Mr Bailey
You have our approval to accordance with the attached conditions and those listed below for the following impacts
for the purpose of widening Tryon Road Cary in Wake County
r r .., - R, Mit>tontinn
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Impact Locations
- - - - --
Stream Impacts
(Linear Feet)
STA 26 +60
145
STA 45 +40
62
STA 60 +80
\ 187
STA 64 +00
296
STA 102 +80
70
Total Stream Impacts
760
2 755
STA 102 +80
Impacts requiring mitigation
483
Cost./Linear Foot of Impact
$20000
Total Mitigation Cost
$96 600 00
-- r_ --_ -__ R, MJfio.tinn
Impact Locations „
Zone 1 (Square Feet)
Zone 2 (Square Feet)
STA 26 +60
3 634
2 387
STA 45 +40
3 031
2 104
STA 60 +80
6 645
4 298
STA 64 +00
12 028
2 755
STA 102 +80
2 098
2 801
Impacts requiring
mite aeon
120
3 883
Mitigation Ratio
3 1
15 1
Total Mitigation
Required
36 084
5 824 5
Cost/Square Foot of Impact
096
096
Mitigation cost
$34 64064
$5 591 52
Total Mitigation Cost
$40 232 16
'lk,
am NorthCarotina
Tiansponalion Permitting Unit Naturally
1650 Marl Service Center Raleigh North Carolina 27699 1650
2321 Crabiree Boulevard Suite 250 Raleigh North Carolina 27604
Phone [phone] FAX [phone] / Internet Nip / /h2o enr state nc us /ncwetlands

After reviewing your application we have decided that this fill is covered by General Water Quality Certification
Number 3404 This certification corresponds to the Nationwide Pernut 14 issued by the Corps of Engineers In
addition you should acquire any other federal state or local permits before you proceed with your project including
(but not limited to) Sediment and Erosion Control Non Discharge and Water Supply Watershed regulations This
approval will expire with the accompanying 404 permit unless otherwise specified in the Water Quality
Certification
This approval is valid solely for the purpose and design described in your application (unless modified below)
Should your project change you must notify the DWQ and submit a new application If the property is sold the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying
with all the conditions If total wetland fills for this project (now or in the future) exceed one acre or of total
impacts to streams (now of in the future) exceed 150 linear feet compensatory mitigation may be required as
described in 15A NCAC 2H 0506 (h) (6) and (7) For this approval to remain valid you must adhere to the
conditions listed in the attached certification
1 ) Upon completion of the project the NCDOT shall complete and return the enclosed Certification of
Completion Form to notify DWQ when all work included in the 401 Certification has been completed The
responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of
Water Quality upon completion of the project
2) Placement of culverts and other structures in waters streams and wetlands must be placed below the elevation
of the streambed by one foot for all culverts with a diameter greatar 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 Design and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis equilibrium of wetlands or stream beds or
banks adjacent to or upstream and down stream of the above structures The applicant is required to provide
evidence that the equilibrium shall be maintained if requested in wnting by DWQ
3) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened
4) All channel relocations will be constructed in a dry work area and stabilized before stream flows are diverted
Channel relocations will be completed and stabilized prior to diverting water into the new channel Whenever
possible channel relocations shall be allowed to stabilize for an entire growing season Vegetation used for
bank stabilization shall be limited to native woody species and should include establishment of a 30 foot wide
wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum
extent practical A transitional phase incorporating coif fiber and seedling establishment is allowable Also rip
rap may be allowed if it is necessary to maintain the physical integnty of the stream but the applicant must
provide wntten justification and any calculations used to deterrnme the extent of rip rap coverage requested
5 ) During the construction of the project no staging of equipment of any kind is permitted in waters of the U S or
protected riparian buffers
6) The dimension pattern and profile of the stream above and below the crossing should not be modified
Disturbed floodplains and streams should be restored to natural geomorphic conditions
7 ) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions
8 ) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize ti
sedimentation and reduce the likelihood of introducing other pollutants into the stream
9 ) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels lubricants hydraulic fluids or other toxic materials
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10) The presence of equipment in the channels must be minimized Under no circumstances must rock sand or
other materials be dredged from the wetted stream channel under authorization of this permit except in the
immediate vicinity of the culverts
11) All work shall be performed during low or normal flow conditions
12) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited
13) A copy of this Water Quality Certification shall be posted on the construction site at all times In addition the
Water Quality Certification and all subsequent modifications if any shall be maintained with the Division
Engineer and the on site project manager
14) The outside buffer wetland or water boundary located within the construction comdor approved by this
authorization shall be clearly marked by orange fabne fencing pnor to any land disturbing activities Impacts to
areas within the fencing are prohibited unless otherwise authorized by this certification
15) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction
16) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
permit without appropriate modification of this penmt Should waste or borrow sites be located in wetlands or
stream compensatory rrutigation will be required since it is a diregt impact from road construction activities
17 ) We understand that you have chosen to perform compensatory mitigation for impacts to streams through an in
lieu payment to the North Carolina Ecosystem Enhancement Program (NCEEP) and that the EEP has agreed to
implement the mitigation for the project Mitigation for unavoidable impacts to streams shall be provided
through an in lieu payment to the North Carolina Ecosystem Enhancement Program (NCEEP) at a rate of $200
per linear foot Therefore a total payment of $96 600 shall be subnutted to the NCEEP to offset the 483 linear
feet of stream impacts associated with this project EEP has indicated in a letter dated April 15 2003 that they
will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for
the above referenced project
18 ) Mitigation for impacts to 12 028 square feet of protected npanan buffers in Zone 1 and 3 883 square feet of
protected riparian buffers in Zone 2 will be mitigated for as described below
Zone of
Impact
Impacts
(Square Feet)
Replacement
Ratio
Total Square Feet of
Mitigation Re uired�
Zone 1
12 028
3 1
36 084
Zone 2
3 883
15 1
5 824 5
Total
T 15 911
41 908 5
We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers
through an in lieu payment to the North Carolina Ecosystem Enhancement Program (NCEEP) and that the
EEP has agreed to implement the mitigation for the project Mitigation for unavoidable impacts to Neuse
Riparian Buffers shall be provided through an in lieu payment to the North Carolina Ecosystem
Enhancement Program (NCEEP) at a rate of $0 96 per square foot for 41 908 5 square feet of buffer
impact Therefore a total payment of $40 232 16 shall be submitted to the NCEEP to offset the impacts
No construction activities in Neuse River Riparian buffers shall begin until payment for buffer rmtigawn is
made and the Ecosystem Enhancement Program receives and clears your check (made payable to DENR —
Ecosystem Enhancement Program)

19 ) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities unless
approved otherwise by this certification
20 ) No changes to the horizontal or vertical placement of the stormwater outfall locations the horizontal or vertical
placement of the culverts the horizontal or vertical placement of bridges the horizontal or vertical placement of
grassed swales or the horizontal or vertical placement of open ditches is permitted without written approval
from the NC Division of Water Quality 401 Wetlands Unit In addition no changes to the flow spreader
locations or designs preformed scour hole locations or designs are permitted without written approval from the
NC Division of Water Quality 401 Wetlands Urut Any i equest for changes to the referenced items above will
require submittal of a modification request with seven copies and corresponding fees will need to be submitted
to the North Carolina Division of Water Quality
21 ) All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored
to the preconstruction contours and revegetated with native woody species upon completion of the project
construction A post construction as built with the restoration activities included shall be submitted to the
DWQ no later than 60 days after the project is closed out by the Department of Transportation
22 ) The NCDOT shall strictly adhere to sediment and erosion control Best Management Practices as described for
High Quality Waters entitled Design Standards in Sensitive Watersheds (15A NCAC 04B 0024) throughout
design and construction of the project
23 ) Pursuant to NCACI5A 2B 0233(6) sediment and erosion control flevices shall not be placed in Zone 1 of any
Neuse Buffer without prior approval by the NCDWQ At this time', the NCDWQ has approved no sediment and
erosion control devices in Zone 1 anywhere on this project MoreoLer sediment and erosion control devices
shall be allowed in lone 2 of the buffers provided that Zone I is not compromised and that discharge is released
as diffuse flow
If you do not accept any of the conditions of this certification you may ask for an adjudicatory heanng You must
act within 60 days of the date that you receive this letter To ask for a heanng send a written petition that conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings P O Box 27447
Raleigh N C 27611 7447 This certification and its conditions are final and binding unless you ask for a hearing
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act If you
have any questions please contact Nicole Thomson at 919 715 3415
cerel
an W Klimek P E
Attachment
cc Wilmington District US Army Corps of Engineers
Enc Alsmeyer US Army Corps of Engineers Raleigh Field Office
Mr Joseph Moore lI Engineering Services Manager 318 N Academy Street
Mr Charles A Nuckols II PE Vice President Kin-ley Horn and Associates 1
Raleigh NC 27636
Mr Todd St John PE Environmental Engineer Kimley Horn and Associates
Raleigh NC 27636
NCDWQ Raleigh Regional Office
File Copy
Central Files
C \ Correspoodence \DWQ030141 \091304weq doc
Cary NC 27511
nc PO Box 33068
Inc PO Box 33068
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D WQ Project No County
Annhcant
Project Name
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 required to return this certificate to the 401/Wetlands Unit North
Carolina Division of Water Quality 1621 Mail Service Center Raleigh NC 27699 1621 This form may be
returned to DWQ 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 Certification
I hereby state that to the best of my abilities due care 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 k
Signature Date
Agent s Certification
I hereby state that to the best of my abilities due care 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
Engineer s Certification
Partial Final
I as a duly registered Professional Engineer in the State of North
Carolina having been authorized to observe (periodically weekly full time) the construction of the project for the
Permittee hereby state that to the best of my abilities due care 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

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NORTH CAROLINA — DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION MODIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 1SA NCAC 2H 0500 NCDOT DWQ Project No 030141 is authorized to impact
the surface waters of the State of North Carolina as indicated below for the purpose of widening
Tryon Road in Wake County All activities associated with these authorized impacts must be-
conducted in accordance with the conditions listed in the attached Certification transtruttal letter
THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS
Summary of Impacts
Zone of
Impact
Impacts
(Square Feet)
Replacement
Ratio
Total Square Feet of
Miti ation Required
Zone 1
12 028
3 1
36 084
Zone 2
3 883
1 5 1
5 8245
Total
15 911
41 908 5
• 483 linear feet of stream
COMPENSATORY MITIGATION REQUIREMENTS
LOCATION Tryon Road
COUNTY Wake County
BASIN /SUBBASIN Neuse River Hydrologic Unit 0302001
As iequired by 15A NCAC 2B 0250 and 15A NCAC 2H 0506(h) and the conditions of this
Certification you are required to compensate for the above impacts through the restoration creation
enhancement or preservation of wetlands buffers and surface waters as outlined below pnor to
conducting any activities that impact or degrade waters of the state Mitigation to be performed by
NC Ecological Enhancement Program in Hydrologic Unit 03020201
• 41 908 5 square feet of Neuse River R1panan Buffer (see table above)
483 linear feet of stream
One of the options you have available to satisfy the compensatory mitigation requirements is through
payment of a fee to the Ecosystem Enhancement Program per 15A NCAC 2R 0503 If you choose
this option please sign this form and mail it to the address listed below An invoice for the
appropriate amount of payment will be sent to you upon receipt of this form PLEASE NOTE THE
ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT
YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYSTEM ENHANCEMENT
PROGRAM
Date
ECOSYSTEM ENHANCMENT PROGRAM
1652 Mail Service Center
RALEIGH NC 27699 1652
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OFFICE USE ONLY DateReceives Request #
3
State of North Carolina SEP 1 0 2004
Department of Environment and Natural Resources
Division of Water Quality WATER QUALITY SECTIM
�( Neuse River Basin Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
0233)
rs Management
o Tar - Pamlico River Basin Nutrient Sensitive Wa n Areas Rule (15A
Strategy Protection and Maintenance of N
NCAC 02B 0259)
o Catawba River Basin Protection and Maintenance of Existing Riparian
Buffers (15A NCAC 02B 0243)
Part 1 General Information
(Please include attachments if the room provided is insufficient)
I L..
i 2
-71,
Applicant s name (the corporation individual etc who owns the property)
,J CAS
Print Owner /Signing Official (person legally responsible for the property and its compliance)
Name PH
Tale E ec c Se,e c i7S
Street address Sl 4C4.
_
City State Zip C IZ V C ;;7 -
Telephone
Fax 9i ___f!4
3 Contact person who can answer questions about the proposed project
Name ---
Telephone
Fax
Email
4 Project Name (Subdivision facility or establishment name consistent with project name on
plans specifications letters operation and maintenance agreements etc )
,Z JA�
Verson 2 November 2002

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5 Project Location
Street address Se,c�r� Cg o,5:5'117 bi/ 11sA2
City State Zip
County
Latitude /longitude _
6 Directions to site from nearest major intersection (Also attach an 8 Y2 x 11 copy of the USGS
topographic map indicating the location of the site)
7 Stream to be impacted by the proposed activity
Stream name (for unnamed str�ms label as /" 71- to the nearest named stream)
G
Stream classification [As identified within the Schedule of Classifications 15A NCAC 26
0315 (Neuse) or 0316 (Tar Pamlico)) /✓s NSA/
8 Which of the following permits /approvals will be required or have been received already for
this project
Required Received Date received
L",
Per,?nit Type
CAMA Major
CAM)A Minor
401 Certification /404 Permit
On site Wastewater Permit
NPDES Permit (including stormwater)
Non discharge Permit
Water Supply Watershed Variance
Others (specify) _
Part 2 Proposed Activity
(Please include attachments if the room provided is insufficient)
Description of proposed activity [Also please attach a map of sufficient detail (such as a plat
map or site plan) to accurately delineate the boundaries of the land to be utilized to carrying
out the activity the location and dimension of any disturbance in the riparian buffers
associated with the activity and the extent of riparian buffers on the land Include the area
,6' >/, /m Age TS
2 State reasons why this plan for the proposed activity cannot be practically accomplished
reduced or reconfigured to better minimize or eliminate disturbance to the riparian buffers
%n ���a c7iar fYE ,eve/
Variance Request Form page 2
Vernon 2 November 2000

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3 Description of any best management practices to be used to control impacts associated with
the proposed activity (i e control of runoff from impervious surfaces to provide diffuse flow
re planting vegetation or enhancement of existing vegetation etc )
1y� c7" /d/7- A
/ VZcl Si' ,4I7FiP 74 BPD l/ /D f O� �� Sr F/b
4 Please provide an explanation of the following
(1) The practical difficulties or hardships that would result from the strict application of this
Rule L /
ocA�n S / 41c,-- A
A)OK A-Ve-01, J, o G 2y %`[ i Prt 5 Q�
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(2) How these difficulties or hardships result from conditions that are unique to the property
involved
j,%E rAGT 71J.o7 /T /S � /[�v� �� �i✓7 -14!�
(3) if economic hardship is the major consideration thion include a specific explanation of the
economic hardships and the proportion of the hardship to the entire value of the project
Part 3 Deed Restrictions
By your signature in Part 5 of this application you certify that all structural stormwater best
management practices required by this variance shall be located in recorded stormwater
easements that the easements will run with the land that the easements cannot be changed or
deleted without concurrence from the State and that the easements will be recorded prior to the
sale of any lot
Part 4 Agent Authorization
If you wish to designate submittal authority to another individual or firm so that they may provide
information on your behalf please complete this section
Designated agent (individual or firm)
Mailing address
City State Zip
Telephone
Fax --
Email
Part 5 Applicants Certification
Variance Request Form page 3
Version 2 November 2000

I _� _ " _ -Z- (print or type name of person
listed in Part I Item 2) certify that the information included on this permit application form is
correct that the project will be constructed in conformance with the approved plans and that the
deed restrictions in accordance with Part 5 of this form will be recorded with all required permit
conditions
Signature
Date
Title
�►� �..� man ��� � t� A.- '1�1.. �Z
Variance Request Form page 4
Version 2 November 2000
N.

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North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D Simons PG PE Michael F Easley Govemor
Director and State Geologist William G Ross Jr Secretary
July 21 2004
Mr Paul Johnson and Mr Randy Woodard
Fairfield Residential L L C
2045 North Highway 360 Suite 250
Grand Prairie Texas 75050
RE Approval to Repair
Tryon Road Dam
Wake County
Dear Mr Johnson and Mr Woodard
This is in response to submissions dated December 18 2003 and June 16 2004 and received on
December 23 2004 and June 18 2004 of plans specifications and design data for the repair of
the subject dam in compliance with the Dam Safety Law of 1967 These plans specifications
and design data were prepared under the supervision of Mr Charles A Nuckols H PE This
letter constitutes approval of the proposal to repair the subject dam according to the plans and
specifications with the following stipulations
1
2
Project construction shall be supervised by Mr Charles A Nuckols E PE
Dunng construction the Division of Land Resources may require such progress reports as
are deemed necessary
3 Upon completion of the project Mr Charles A Nuckols It PE shall inspect the
completed work and upon finding that the work has been done as specified shall file with
the Division of Land Resources two sets of record drawings and a certificate stating that
the work has been completed in accordance with approved plans specifications and other
requirements
Geological Survey Land Quality Geodetic Survey
Division of Land Resources 1612 Mail Service Center Raleigh North Carolina 27699 1612
512 North Salisbury Street Raleigh North Carolina 27604
919 733 38331 FAX [phone] Internet www dir enr stale nc us /dlr him
An Equal Opportunity 1 Affirmative Action Employer — 50 / Recycled 1 10 / Post Consumer Paper

Mr Johnson
July 21 2004
Page 2 of 2
4 You must notify Mr John Holley PE Regional Engineer Land Quality Section 1628
Mail Service Center Raleigh North Carolina 27699 1628 [phone] ten days
before the start of construction t
Please note that there are rules in effect to help address water quality issues within the Neuse
River Basin which includes Speight Branch You may wish to contact the Division of Water
Quality at telephone number [phone] to obtain a copy of the rules
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required Also the local erosion and sediment
control program having Junsdiction should be contacted to determine permit requirements In
1
any case sediment must be prevented from entenng the waters of the state or flowing onto
neighbonng property
Construction of the repairs must begin by July 21 2005 or this approval is void For assistance
you may contact Mr John Holley PE in the Raleigh Regional Office at telephone number (919)
571 4700 Mr Maxwell Fowler PE or Ms Tami V Idol EI in the Raleigh Central Office at
telephone number [phone]
Sincerely
4y
es D Simons PG PE
erector and State Geologist
JDS /TVI t
cc Mr John Holley PE
Mr Ken Schuster PE
Mr Charles A Nuckols II PE
Mr Joe Moore (CERTIFIED MAIL)
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NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, ,
AND NATURAL RESC�
Raleigh Regional Offi 12,
f r 1 1i
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Michael F Easley, Governor + � �i , ; � '
, o ! d 1 r NORTH CAROLINA DEP1k;MENT OF
William G Ross Jr , Secretary , 4 � V vj, iv.� Z,EF T ENVIRONMENT AND NATURAL RESOURCES
Town of Cary
PO Box 8005
Cary NC 27512 8005
ATTN Tun Bailey P E
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DIVISION OF LAND RESOURCES
October 21 2004
LETTER OF APPROVAL
RE Project Name Tryon/Piney PI Rd Widening
` County Wake
Submitted by Kimley Horn & Assoc
Date Received 11 25 02 9 23 04 & 10 4 04
Date Processing Initiated 9 23 04
Watershed Neuse# 1103 04 02
New Subrruttal ( x) Revised ( )
This office has reviewed the subject Erosion and Sedimentation Control Plan As indicated in m}
verbal responses to the designer (most recently 10 15 04) we find the plan to be acceptable and hereby issue
this letter of approval If any modifications performance reservations or recommendations are applicable a
list is enclosed and is incorporated as a part of tlus letter of approval The enclosed Certificate of Approval
should be posted at thejob site In addition it should be noted that this plan approval shall expire three (3)
years following the date of approval if no land disturbing activity has been undertaken in accordance with
Title 15A North Carolina Admuustrative Code (NCAC) 4B 0029
1 If any modifications are not incorporated into the plan and implemented in the field the site will be in
violation of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute (NCGS)
113A 61 1)
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15A NCAC 4B 0018(a) requires that a copy of the approved plan be on file at thejob site Also this
letter gives the notice required by NCGS 1 13A 61 1(a) concerning our nght to perform periodic inspections
to ensure compliance with the approved pl in
1628 Mail Service Center Raleigh North Carolina 27699 -1628
Phone [phone] / FAX [phone] / Internet www ens state nc us /ENR/
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER 6MI RECYCLED11MI POST CONSUMER PAPER

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Bailey
October 21 2004
Page 2
North Carolina s sedimentation pollution control program is performance oriented requiring
protection of the natural resources and adjoirung properties If at any time during this project it is determined
that the Erosion and Sedimentation Control Plan is inadequate to meet the requirements of the Sedimentation
Pollution Control Act of 1973 (NCGS 113A 51 through 66) tlus office may require revisions in the plan and
its implementation to ensure compliance with the Act
Acceptance and approval of this plan is conditioned upon your compliance with applicable federal
and state water quality laws regulations and rules Tlus could include the Dv►sion of Water Quality under
stormwater or other specific water quality standards and the U S Army Corps of Fngineers under Article
404 junsdiction Our approval does not supersede any other required pernut or approval
Since this project disturbs one or more acres one such approval relates to the stormwater that will
discharge from your project Tlus runoff is permitted pursuant to the National Pollutant Discharge
Elimination System ( NPDES) admirustered in North Carolina by the Division of Water Qualiq (DWQ) The
General Stormwater NPDES Permit NCGO10000 as revised covenng your activity is attached You are
responsible for complying with the General Permit requirements and are subject to enforcement by DWQ for
any violations of the General Permit
Please note that this approval is based in part on the accuracy of the information provided conceming
financial responsibility You are requested to file an amended Financial Responsibility Form if any changes
become necessary In addition it would be helpful if you would notify this office when the proposed land
disturbing activity covered by this plan is initiated
Your cooperation is appreciated and we look forward to working with you on thus project If there are
any questions please do not hesitate to contact this office
Sincerely
i
IJo L Holley Jr P CPESC
'Re onal Engirneer
it nd Quality Section
Raleigh Regional Office
JLH
cc Mr Matt West P E
Mr Ken Schuster P E

Land Quality Section
OMB
Raleigh Regional Office NCDENR
Department of Environment and Natural Resources
® 1628 Mail Service Center NORTH CAROLINA DOIARTMENT OF
Raleigh North Carolina 27699 1628 ENVIRONMENT ANO NATURAL RESOURCES
PLAN REVIEW COMMENTS
Project Name Tryon/Piney PL Rd Date Received 11 25 02,9 23/10 4 04
County Wake Date Processing Initiated 9 23 04
Watershed Neuse #1/03 04 02 Reviewed By BD /JLH
New Subrruttal (x) Revised( ) Approved ( x) Disapproved ( )
Reasons for Disapproval( ^ ' Modifications( x) Performance Reservations( )
(1) All NCDOT Class B stone must be placed at least 18 thick
(2) All construction sequencing at culverts must be consistent with the 9 23 04 submittal
regarding temporary stream diversion placement All stream diversions must be sized
consistent with the existing stream channel and lined with plastic as indicated for the culvert
addressed in the most recent version of the plan Revised record sheets expressing (and
cross referencing) details etc must be provided (a specific detail for the temporary channel
lining must be provided)
(3) All temporary slope drains that do not discharge to sediment traps or basins must be provided
with NCDOT special silt fence protection at the inlet as a minimum
(4) The proposed temporary diversions located at approximately Sta 100R and 116L must be
extended upstream in P the field culvert aextensionton o prevent bpass of ERO 16y silt-laden
(5) The proposed 48 RC must be installed before grubbing and
grading is performed associated with the proposed fill in that area
(6) The proposed skimmer detail and NCDOT special silt fence detail must be added to the detail
sheets Without supporting
sections ormt computations
reconmme�ded that stability of the dams
using with the
typical rap
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spillway over the fill
resistant tarp lined spillways and provide appropnate details on your plan
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Fil",
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OF WAT6 Michael Easley
Governor
Cq r William G Ross Jr Secretary
> North Carolina Department of Environment and Natural Resources
< Alan W Klimek P E Director
Division of Water Quality
NPDES STORMWATER DISCHARGE PERMIT
FOR CONSTRUCTION ACTIVITIES
Regulations adopted by the US Environmental Protection Agency (US EPA) and by the North Carolina Division of Water
Quality require that a National Pollutant Discharge Elimination System (NPDES) permit be obtained for stormwater
discharges from construction activities with land disturbance of 5 or more acres (1 or more acres after March 10 2003)
This permit is in addition to your approved erosion and sedimentation control plan approval The Division of Water Quality
is delegated by the US EPA to administer the NPDES permit program in North Carolina You have been given a copy of
this General Permit and coverage under this general permit because your project is subject to these NPDES permitting
requirements You must comply with the applicable terms and conditions of this General Permit and you are
subject to enforcement by the Division of Water Quality for any violations of the General Permit It is not
necessary to file a Notice of Intent to be covered by this General Permit nor to receive a Certificate of Coverage from the
Division of Water Quality If you do not wish to be covered by this general permit you may make application to the
Division of Water Quality to be covered under an individual stormwater NPDES permit
Description of Provisions
The General Permit is tied to an approved Erosion and Sedimentation Control Plan issued by the North Carolina Division
of Land Resources or an approved Local Program Adherence to the Erosion and Sedimentation Control Plan is an
enforceable component of the General Permit The General Permit not only requires adherence to the approved Erosion
and Sedimentation Control Plan but also includes other limitations and controls Some of the major items are outlined
below
C Coverage — The permit covers projects that disturb 5 or more acre. of land until March 10 2003 when this threshold
will be dropped to cover projects disturbing one or more acre of land
inspection., — The permittee must inspect all erosion and sedimentation control facilities and also must observe
runoff at stormwater discharges in accordance with the general permit (see Part I Section B for specific frequencies
etc ) Discharges to certain impaired waters require more frequent inspections
• Records — Records of inspections must be maintained with a copy of the approved Erosion and Sedimentation
Control Plan at the project site An example of a potential inspection log is attached for your use
• The General Permit has other provisions that address areas that could effect stormwater runoff from construction
activity that are not a part of an erosion and sedimentation control plan These areas are addressed in Part
Section A of the General Permit and include matters such as demolition debris chemical usage and oil spills that
may contaminate stormwater runoff on a construction site
Please note that there are other provisions in the permit and you should read and become familiar with all of these
conditions
It You Have Questions About the General Permit
Questions concerning the General Permit requirements can be addressed to the Division of Water Quality Regional
Office Office locations and phone numbers areas follows
Asheville Regional Office 828/251 6208 Washington Regional Office 252/946 6481
Fayetteville Regional Office 910/486 1541 Wilmington Regional Office 910/395 3900
Mooresville Regional Office 704/663 1699 Winston Salem Regional Office 336/771 4600
Raleigh Regional Office 919/571 4700 Central Office 919/733 5083
For more information regarding the Programs of the Division of Water Quality Stormwater and General Permits Unit see
our home page at http 11h2o enr state nc us/su /stormwater html
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Customer Service Division of Water Quality 1617 Mad Service Center Raleigh NC 27699 1617 [phone]
1 800 623 7748

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Pern-ut No NCG010000
1 STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
1 DIVISION OF WATER QUALITY
j� GENERAL PERMIT
® TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143 215 1 other lawful
standards and regulations promulgated and adopted by North Carolina Environmental
Management Comrmssion and the Federal Water Pollution Control Act as amended
All owners or operators of stormwater point source discharges associated with construction
activities including clearing grading and excavation activities resulting in the disturbance of land
are hereby authorized to discharge stormwater to the surface waters of North Carolina or to a
separate storm sewer system conveying stormwater to the surface waters
The General Permit shall become effective on October 1 2001
The General Penrut shall expire at nudnight on September 30 2006
Signed this day October 1 2001
Grego h Ph D Acting Director
Divtsi of ater Quality
By the Au onty of the Environmental Management Comrrussion
9
l
Page 1 of 20 Pages

Permit No NCGO10000
PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked the permittee is authonzed to discharge
stormwater which has been adequately treated and managed in accordance with an approved
Erosion and Sedimentation Control Plan by the North Carolina Division of Land Resources
Land Quality Section or a delegated local program under the provisions and requirements of
North Carolina General Statute 113A 54 1 to the surface waters of North Carolina or to a
separate storm sewer system All discharges shall be in accordance with the attached schedules
as follows
Part I Monitoring Controls and Lirrutations for Permitted Discharges
Part II Standard Conditions
Any other point source discharge to surface waters of the state is prohibited unless covered by
another permit authorization or approval The discharges allowed by this General Permit shall
not cause or contribute to violations of Water Quality Standards Discharges allowed by this
permit must meet applicable wetland standards as outlined in 15A NCAC 2B 0230 and 0231
and water quality certification requirements as outlined in 15A NCAC 2H 0500
This permit does not relieve the perrruttee from responsibility for compliance with any other
applicable federal state or local law rule standard ordinance order judgment or decree
General Permit Coverage
This General Permit is applicable to point source discharges from construction activities
disturbing five acres of land prior to March 10 2003 As of March 10 2003 this permit will be
applicable to point source discharges of stormwater from construction activities disturbing one or
more acres of land The submission of a proposed Erosion and Sedimentation Control Plan to
the Division of Land Resources or delegated local program shall be considered to take the place
of a Notice of Intent for coverage under this General Permit for those projects requiring this
Permit coverage Coverage under this General Permit shall become effective upon issuance of an
approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the
Division of Land Resources or delegated local program Prior to the commencement of
construction and land disturbing activities approval of the Erosion and Sedimentation Control
Plan shall be obtained
Any owner or operator not wishing to be covered or limited by this General Permit may make
application for an individual NPDES permmt in accordance with NPDES procedures in 15A
NCAC 2H 0100 stating the reasons supporting the request Any application for an individual
permit should be made at least 180 days prior to the time the permit is needed
This General Permit does not cover activities or discharges covered by an individual NPDES
permit until the individual permit has expired or has been rescinded Any person conducting an
activity covered by an individual permit but which could be covered by this General Permit may
request that the individual perrrvt be rescinded and coverage under this General Pem-ut be
provided
Page 2 of 20 Pages
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Permit No NCG010000
PART I
MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES
SECTION A FINAL LIMITATIONS AND CONTROLS FOR STORMWATER
DISCHARGES
During the period beginning on the effective date of the permit and lasting until expiration the
Permittee is authorized to discharge stormwater associated with construction activity Such
discharges shall be controlled lirruted and monitored as specified below
1 Prior to the commencement of construction the permittee shall submit for approval a
Erosion and Sedimentation Control Plan (plan) to the Department of Environment and
Natural Resources Division of Land Resources Land Quality Section (or an approved
local program) pursuant to the requirements of NC G S 113A 54 1 and in conformity
with rules adopted by the North Carolina Sedimentation Control Commission
2 The Perr ittee shall implement the plan which has been approved by the approval
authority The approved plan is considered a requirement or condition of this general
permit Deviation from the approved plan or approved amendment to the plan shall
constitute a violation of the terms and conditions of this general permit except that
deviation from the approved plan will be allowed (1) to correct an emergency situation
where sediments are being discharged off the site or (2) when rrunor modifications have
been made for the purpose of improving the performance of the erosion and
sedimentation control measures and notification of the minor modification has been made
to the Division of Land Resources (or approved local program) Such a deviation from
the approved plan shall be noted on the approved plan maintained at the fob site During
active construction a copy of the approved plan shall be maintained on the site
Equipment utilized during the construction activity on a site must be operated and
maintained in such a manner as to prevent the potential or actual pollution of the surface
or ground waters of the state Fuels lubricants coolants and hydraulic fluids or any
other petroleum products shall not be discharged onto the ground or into surface waters
Spent fluids shall be disposed of in a manner so as not to enter the waters surface or
ground of the state and in accordance with applicable state and federal disposal
regulations Any spilled fluids shall be cleaned up to the extent practicable and disposed
of in a manner so as not to allow their entry into the waters surface or ground of the
state
4 Herbicide pesticide and fertili7er usage during the construction activity shall be
consistent with the Federal Insecticide Fungicide and Rodenticide Act and shall be in
accordance with label restrictions
Page 3 of 20 Pages

Permit No NCGOl0O00
5 All wastes composed of building materials shall be disposed of in accordance with North
Carolina General Statutes Chapter 130A Article 9 Solid Waste Management and rules
governing the disposal of solid waste (North Carolina Administrative Code Section 15A
NCAC 13B)
6 The Pernuttee shall control the management and disposal of litter and sanitary waste from
the site such that no adverse impacts to water quality occur
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SECTION B MINIMUM MONITORING AND REPORTING REQUIREMENTS
Minimum monitoring and reporting requirements are as follows unless otherwise approved in
writing by the Director of the Division of Water Quality
All erosion and sedimentation control facilities shall be inspected by or under the
direction of the permittee at least once every seven calendar days (at least twice every
seven days for those facilities discharging to waters of the State listed on the latest EPA
approved 303(d) list for construction related indicators of impairment such as turbidity or
sedimentation * *) and within 24 hours after any storm event of greater that 0 5 inches of
rain per 24 hour period A rain gauge shall be maintained on the site and a record of the
rainfall amounts and dates shall be kept by the permittee
( ** The latest approved list may be obtained from the Division of Water Quality or from
the following website location http 11h2o enr state nc us/su/construction303d)
2 Once land disturbance has begun on the site stormwater runoff discharges shall be
inspected by observation for stormwater discharge characteristics as defined below at the
frequency in #1 above to evaluate the effectiveness of the pollution control facilities or
practices If any visible sedimentation is leaving the disturbed limits of the site
corrective action shall be taken immediately to control the discharge of sediments outside
the disturbed limits
Stormwater Discharge
Charactenstics
Monitoring
T e1
Monitoring
Location2
Clarity
SDO
Floatin Solids
SDO
Sus ended Solids
SDO
Oil Sheen
SDO
Other obvious indicators
SDO
of stormwater ollution
Footnotes
I Monitonng Type The monitoring requires a qualitative observation of each
stormwater outfall No analytical testing or sampling is required
2 Sample Location Stormwater Discharge Outfall (SDO)
The operator shall keep a record of inspections Visible sedimentation found outside of
the disturbed limits shall be recorded and a brief explanation kep t
the measures taken to control future releases Any measures
sediment that has left the disturbed limits shall also be recorded
made available to DWQ or authorized agent upon request
Page 5 of 20 Pages
with the records as to
taken to clean up the
These records shall be

Pemut No NCG010000
SECTION C SCHEDULE OF COMPLIANCE
I The perrruttee shall comply with Final Lirrutations and Controls specified for stormwater
discharges once disturbance has begun on the site and until completion of construction or
development and the establishment of a permanent ground cover
2 During construction and until the completion of a construction or development and the
establishment of a permanent ground cover the perrruttee shall provide the operation and
maintenance necessary to operate the storm water controls at optimum efficiency
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Page 6 of 20 Pages

Permit No NCG010000
PART II
STANDARD CONDITIONS
SECTION A DEFINMONS
1 Actor the Act or CWA
The Federal Water Pollution Control Act also known as the Clean Water Act as
amended 33 USC 1251 et seq
2 Best Management Practices (BMPs)
Schedules of activities prohibitions of practices maintenance procedures and other
management practices to prevent or reduce the pollution of waters of the United States
BMPs also include treatment requirements operation procedures and practices to control
plant site runoff spillage or leaks sludge or waste disposal or drainage from raw
matenal storage
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8 Administrator V
The Adminstrator of the U S Environmental Protection Agency
Page 7 of 20 Pages
3
DWO or Division
The Division of Water Quality Department of Environment and Natural Resources
4
Director
The Director of the Division of Water Quality the permit issuing authority
5
EMC
The North Carolina Environmental Management Commission
6
Permittee
The person who signed as the financially responsible party on the Erosion and
Sedimentation Control Plan
7
Point Source Discharge
Any discernible confined and discrete conveyance including but specifically not limited
to any pipe ditch channel tunnel conduit well discrete fissure container rolling
stock or concentrated animal feeding operation from which pollutants are or may be
discharged to waters of the state
0
8 Administrator V
The Adminstrator of the U S Environmental Protection Agency
Page 7 of 20 Pages

Permit No NCG010000
SECTION B GENERAL CONDITIONS
1 Duty to Comply
The permittee must comply with all conditions of this general permit Any permit
noncompliance constitutes a violation of the Clean Water Act and is grounds for
enforcement action certificate of coverage termination revocation and reissuance or
modification or denial of a certificate of coverage upon renewal application
(a) The pennittee shall comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage
sludge use or disposal established under section 405(d) of the CWA v`ithin the time
provided in the regulations that establish these standards or prohibitions or standards for
sewage sludge use or disposal even if the permit has not yet been modified to incorporate
the requirement
(b) The Clean Water Act provides that any person who violates section 301 302 306
307 308 318 or 405 of the Act or any permit condition or limitation implementing any
such sections in a permit issued under section 402 or any requirement imposed in a
pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act is
subject to a civil penalty not to exceed $27 000 per day for each violation The Clean
Water Act provides that any person who negligently violates sections 301 302 306 307
308 318 or 405 of the Act or any condition or limitation implementing any of such
sections in a permit issued under section 402 of the Act or any requirement imposed in a
pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act is subject
to cnminal penalties of $2 500 to $25 000 per day of violation or imprisonment of not
more than 1 year or both In the case of a second or subsequent conviction for a
negligent violation a person shall be subject to cnminal penalties of not more than
$50 000 per day of violation or by imprisonment of not more than 2 years or both Any
person who knowingly violates such sections or such conditions or limitations is subject
to cnrrunal penalties of $5 000 to $50 000 per day of violation or imprisonment for not
more than 3 years or both In the case of a second or subsequent conviction for a
knowing violation a person shall be subject to criminal penalties of not more than
$100 000 per day of violation or imprisonment of not more than 6 years or both Any
person who knowingly violates section 301 302 303 306 307 308 318 or 405 of the
Act or any pernut condition or limitation implementing any of such sections in a pemut
issued under section 402 of the Act and who knows at that time that he thereby places
another person in imminent danger of death or serious bodily injury shall upon
conviction be subject to a fine of not more than $250 000 or imprisonment of not more
than 15 years or both In the case of a second or subsequent conviction for a knowing
endangerment violation a person shall be subject to a fine of not more than $500 000 or
by imprisonment of not more than 30 years or both An organization as defined in
section 309(c)(3)(13)(m) of the CWA shall upon conviction of violating the imminent
danger provision be subject to a fine of not more than $1 000 000 and can be fined up to
$2 000 000 for second or subsequent convictions
(c) Under state law a dally civil penalty of not more than ten thousand dollars
($10 000) per violation may be assessed against any person who violates or fails to act in
Page 8 of 20 Pages
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Permit No NCG010000
accordance with the terms conditions or requirements of a permit [Ref NC General
Statutes 143 215 6A]
(d) Any person may be assessed an administrative penalty by the Adnunistrator for
violating section 301 302 306 307 308 318 or 405 of this Act or any permit condition
or linutation implementing any of such sections in a permit issued under section 402 of
this Act Administrative penalties for Class I violations are not to exceed $11000 per
violation with the maximum amount of any Class I penalty assessed not to exceed
$27 500 Penalties for Class 1I violations are not to exceed $11 000 per day for each day
during which the violation continues with the maximum amount of any Class ld penalty
not to exceed $137 500
2 Duty to Mitigate
The pernttee shall take all reasonable steps to minirruze or prevent any discharge in
violation of this general perrrvt which has a reasonable likelihood of adversely affecting
human health or the environment
3 Civil and Cnminal Liability
Except as provided in Section C of this permit regarding bypassing of stormwater control
facilities nothing in this general permit shall be construed to relieve the permittee from
any responsibilities liabilities or penalties for noncompliance pursuant to NCGS 143
215 3 143 215 6A 143 215 6B 143 215 6C or Section 309 of the Federal Act 33 USC
1319 Furthermore the perrmttee is responsible for consequential damages such as fish
kills even though the responsibility for effective compliance may be temporanly
suspended
4 Oil and Hazardous Substance Liability
Nothing in this general permit shall be construed to preclude the institution of any legal
action or relieve the permittee from any responsibilities liabilities or penalties to which
the permittee is or may be subject to under NCGS 143 215 75 et seq or Section 311 of the
Federal Act 33 USC 1321 Furthermore the permittee is responsible for consequential
damages such as fish kills even though the responsibility for effective compliance may
be temporanly suspended
5 Property Rights
The issuance of this general perrrut does not convey any property rights in either real or
personal property or any exclusive pnvileges nor does it authorize any injury to pnvate
property or any invasion of personal rights nor any infringement of Federal State or
local laws or regulations
6 Severability
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Permit No NCGO10000
The provisions of this general permit are severable and if any provision of this general t
permit or the application of any provision of this general permit to any circumstances is
held invalid the application of such provision to other circumstances and the remainder
of this general pemut shall not be affected thereby ,
Duty to Provide Information
The permittee shall furnish to the Director within a reasonable time any information 1
which the Director may request to determine whether cause exists for modifying
revoking and reissuing or terminating the certificate of coverage issued pursuant to this
general permit or to detenTune compliance with this general pernut The permittee shall
also furnish to the Director upon request copies of records required to be kept by this
general permit in
When an Individual Permit may be Required 1
The Director may require any owner /operator authorized to discharge under a certificate
of coverage issued pursuant to this general permit to apply for and obtain an individual
perm-it or an alternative general permit Anv interested person may petition the Director
to require an individual permit pursuant to 15A NCAC 2H 0127 Cases where an
individual permit may be required include but are not limited to the following 1
a The discharger is a significant contributor of pollutants
b Conditions at the permitted site change altering the constituents and/or
characteristics of the discharge such that the discharge no longer qualifies for a
General Permit
c The discharge violates the terms or conditions of this general permit
d A change has occurred in the availability of demonstrated technology or practices 1
for the control or abatement of pollutants applicable to the point source
e Effluent limitations are promulgated for the point sources covered by this general
permr t
f A water quality management plan containing requirements applicable to such
point sources is approved after the issuance of this general pernut
g The Director determines at his own discretion that an individual permit is
required
When an Individual Permit may be Requested
Any permittee operating under this general permit may request to be excluded from the
coverage of this general permit by applying for an individual permit When an individual
Page 10 of 20 Pages

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Permit No NCG010000
perrrut is issued to an owner /operator the applicability of this general permit is
automatically terrmnated on the effective date of the individual permit
10 Signatory Requirements
a All applications reports or information submitted to the Director shall be signed and
certified as follows
(1) For a corporation by a responsible corporate officer For the purpose of this
Section a responsible corporate officer means (a) a president secretary treasurer
or vice president of the corporation in charge of a principal business function or
any other person who performs similar policy or decision making functions for
the corporation or (b) the manager of one or more manufacturing production or
operating facilities provided the manager is authorized to make management
decisions which govern the operation of the regulated facility including having the
explicit or implicit duty of making mayor capital investment recommendations
and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations the manager
can ensure that the necessary systems established or actions taken to gather
complete and accurate information for permit application requirements and where
authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures
(2) For a partnership or sole proprietorship by a general partner or the proprietor
respectively or
(3) For a municipality State Federal or other public agency by either a principal
executive officer or ranking elected official
b All reports required by the general permit and other information requested by the Director
shall be signed by a person described above or by a duly authorized representative of that
person A person is a duly authorized representative only if
0" i-
(1) The authorization is made in writing by a person described above
(2) The authorization specified either an individual or a position having responsibility
for the overall operation of the regulated facility or activity such as the position
of plant manager operator of a well or well field superintendent a position of
equivalent responsibility or an individual or position having overall responsibility
for environmental matters for the company (A duly authorized representative
may thus be either a named individual or any individual occupying a named
position ) and
(3) The written authorization is submitted to the Director
Any person signing a document under paragraphs a or b of this section shall make the
following certification
Page 11 of 20 Pages

Permit No NCGO1O000
I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted Based on my inquiry of the person or persons who manage the system
or those persons directly responsible for gathering the information the
information submitted is to the best of my knowledge and belief true accurate
and complete I am aware that there are significant penalties for submitting false
information including the possibility of fines and imprisonment for knowing
violations
I 1 General Permit Modification Revocation and Reissuance or Termination
The issuance of this general permit does not prohibit the Director from reopening and
modifying the general permit revoking and reissuing the general permit or terminating
the general permit as allowed by the laws rules and regulations contained in Title 40
Code of Federal Regulations Parts 122 and 123 Title 15A of the North Carolina
Adrrunistrative Code Subchapter 2H 0100 and North Carolina General Statute 143
215 1 et seq
Page 12 of 20 Pages
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Permit No NCGO10000
SECTION C OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1 Proper Operation and Maintenance
The pemuttee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the
perrtuttee to achieve compliance with the conditions of this general permit
2 Need to Halt or Reduce not a Defense
It shall not be a defense for a penmttee in an enforcement action that it would have been
necessary to halt or reduce the perrrutted activity in order to maintain compliance with the
condition of this general pernut
3 Bypassing of Stormwater Control Facilities
a Definitions
(1) Bypass means the intentional diversion of stormwater from any portion of a
stormwater control facility including the collection system which is not a
designed or established or operating mode for the facility
(2) Severe property damage means substantial physical damage to property
damage to the control facilities which causes them to become inoperable or
substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass Severe property damage does not
mean economic loss caused by delays in production
b Bypass Not Exceeding Limitations
The permittee may allow any bypass to occur which does not cause effluent limitations to
be exceeded but only if it also is for essential maintenance to assure efficient operation
These bypasses are not subject to the provisions of Paragraphs c and d of this section
c Notice
(1) Anticipated bypass If the permittee knows in advance of the need for a bypass it
shall subrrut pnor notice if possible at least ten days before the date of the bypass
including an evaluation of the anticipated quality and effect of the bypass
(2) Unanticipated bypass The permittee shall submit notice within 24 hours of an
unanticipated bypass as required in Part II E 3 (b)(1) of this general permit (24
hour notice)
1 d Prohibition of Bypass
Page 13 of 20 Pages

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Perrmt No NCGO10000
Bypass is prohibited and the Director may take enforcement action against a permittee
for bypass unless
(1) Bypass was unavoidable to prevent loss of life personal injury or severe property
damage
(2) There were no feasible alternatives to the bypass such as the use of auxiliary
control facilities retention of stormwater or maintenance during normal penods of
equipment downtime or dry weather This condition is not satisfied if adequate
backup controls should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal periods
of equipment downtime or preventive maintenance and
(3) The permittee submitted notices as required under Paragraph c of this section
The Director may approve an anticipated bypass after considering its adverse effects if
the Director determines that it will meet the three conditions listed above in Paragraph d
of this section
Upsets
Definition
Upset means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors
beyond the reasonable control of the permittee An upset does not include
noncompliance to the extent caused by operational error improperly designed treatment
or control facilities inadequate treatment or control facilities lack of preventive
maintenance or careless or improper operation
Effect of an Upset
An upset constitutes an affirmative defense to an action brought for noncompliance with
technology based permit effluent limitations if the requirements of paragraph c of this
condition are met No determination made during administrative review of claims that
noncompliance was caused by upset and before an action for noncompliance is final
administrative action subject to judicial review
Conditions Necessary for a Demonstration of Upset
A permittee who wishes to establish the affirmative defense of upset shall demonstrate
through properly signed contemporaneous operating logs or other relevant evidence that
(1) An upset occurred and that the permittee can identify the cause(s) of the upset
2) The permitted facility was at the time being properly operated and
Page 14 of 20 Pages

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Per7rut No NCGO10000
(3) The permrttee subrmtted notice of the upset as required in Part H E 3 (b) (2) of
this general perr ut
(4) The perrmttee complied with any remedial measures required under Part II A 2
of this general permit
Burden of Proof
In any enforcement proceeding the permrttee seeking to establish the occurrence of an
upset has the burden of proof
Page 15 of 20 Pages

Permit No NCGO10000
SECTION D MONITORING AND RECORDS 1
I Representative Sampling 1
Samples collected and measurements taken as required herein shall be characteristic of
the volume and nature of the pernutted discharge Samples shall be taken on a day and
time that is charactenstic of the discharge All samples shall be taken before the
discharge Joins or is diluted by any other waste stream body of water or substance
2 Penalties for TamMnng
The Clean Water Act provides that any person who falsifies tampers with or knowingly
renders inaccurate any monitoring device or method required to be maintained under this
general permit shall upon conviction be punished by a fine of not more than $10 000 per
violation or by impnsonment for not more than two years per violation or by both If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph punishment is a fine of not more that $20 000 per day of violation
or by imprisonment of not more than 4 years or both
3 Records Retention
The perrruttee shall retain records of all monitoring information and copies of all reports
required by this general peinut for a period of at least 5 years from the date of the
sample measurement report or application This penod may be extended by request of
the Director at any time
4 Recording Results
For each measurement sample inspection or maintenance activity performed or taken
pursuant to the requirements of this general pernvt the permittee shall record the
following information
a The date exact place and time of sampling measurements inspection or 1
maintenance activity
b The individual(s) who performed the sampling measurements inspection or
maintenance activity
C The dates) analyses were performed
d The individual(s) who performed the analyses
e The analytical techniques or methods used and
f The results of such analyses
5 Inspection and Entry
Page 16 of 20 Pages

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Permit No NCGO10000
The perrruttee shall allow the Director or an authorized representative (including an
authorized contractor acting as a representative of the Director) or in the case of a facility
which discharges through a municipal separate storm sewer system an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge upon the presentation of credentials and other documents as may be required
by law to
a Enter upon the perrrnttee s prerruses where a regulated facility or activity is
located or conducted or where records must be kept under the conditions of this
general permit
b Have access to and copy at reasonable times any records that must be kept under
the conditions of this general perrrut
c Inspect at reasonable times any facilities equipment (including monitoring and
control equipment) practices or operations regulated or required under this
general permit and
d Sample or monitor at reasonable times for the purposes of assuring general
pernrut compliance or as otherwise authorized by the Clean Water Act any
substances or parameters at any location
Page 17 of 20 Pages

Permit No NCGO10000
SECTION E REPORTING REOUIREN ENTS
1 Planned Changes
The perruttee shall give notice to the Director as soon as possible of any planned
physical alterations or additions to the permitted facility Notice is required only when
i
a The alteration or addition to a perrrutted facility may meet one of the criteria for
detemuning whether a facility is a new source in 40 CFR Part 122 29 (b) or
b The alteration or addition could significantly change the nature or increase the
quantity of pollutants discharged This notification applies to pollutants which are
subject neither to effluent limitations in the general permit nor to notification
requirements under 40 CFR Paint 122 42 (a) (1)
2 Anticipated Noncompliance
The pernuttee shall give advance notice to the Director of any planned changes in the
permitted facility or activity which may result in noncompliance with the general pemut
requirements
3 Twenty four Hour Reporting
1
a The periruttee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances A written subrrussion shall also be provided within 5 days of the time the
pernuttee becomes aware of the circumstances
The written subriussion shall contain a description of the noncompliance and its causes
the period of noncompliance including exact dates and times and if the noncompliance
has not been corrected the anticipated time it is expected to continue and steps taken or
planned to reduce eliminate and prevent reoccurrence of the noncompliance
b The following shall be included as information which must be reported within 24 hours
under this paragraph
(1) Any unanticipated bypass which exceeds any effluent limitation in the general
permit
(2) Any upset which exceeds any effluent limitation in the general permit
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed
by the Director in the general permit to be reported within 24 hours
C The Director may waive the written report on a case by case basis for reports under
paragraph b above of this condition if the oral report has been received within 24 hours
Page 18 of 20 Pages

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Permit No NC0010000
4 Other Information
Where the permrttee becomes aware that it faded to subrrut any relevant facts in any
report to the Director it shall promptly subrrut such facts or information
5 Availability of Reports
Except for data deterrmned to be confidential under NCGS 143 215 3(a)(2) or Section
308 of the Federal Act 33 USC 1318 all reports prepared in accordance with the terms
shall be available for public inspection at the offices of the Division of Water Quality As
required by the Act discharge data shall not be considered confidential Knowingly
making any false statement on any such report may result in the imposition of cnnunal
penalties as provided for in NCGS 143 215 6B or in Section 309 of the Federal Act
6 Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement
representation or certification in any record or other document subnutted or required to
be maintained under this general pemut including monitoring reports or reports of
compliance or noncompliance shall upon conviction be punished by a fine of not more
than $10 000 per violation or by imprisonment for not more than two years per violation
or by both
Page 19 of 20 Pages
1

Perrrut No NCGO10000
SECTION F LIMITATIONS REOPENER
This general permit shall be modified or alternatively revoked and reissued to comply with any
applicable effluent guideline or water quality standard issued or approved under Sections 302(b)
(2) (c) and (d) 304(b) (2) and 307(a) of the Clean Water Act if the effluent guideline or water
quality standard so issued or approved
a contains different conditions or is otherwise more stringent than any effluent
lirrutation in the general permit or
b controls any pollutant not limated to the general permit
The general permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable
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William G Ross Jr Secretary
North Carolina Department of Fnvironment and Natural Resources
July 11 2006
t r 1 i 209b
Alan W Klimek P E Director
Division of Water Quality
DWQ Project # 06 0831
Wake County
Town of Cary _ Y
Attn Mr Tim Bailey
318 North Academy Street
Cary NC 27513
Subject Property Long Branch Ambient Place Stream Restoration
Long Branch [030402 27 43 2 8, WSIII NSW
Approval of 401 Water Quality SA Certification
NCAC 2B 02 Authorization
Additional ►Coed per
mnshe Neuse
River Buffer Protection Rule
i
Dear Mr Bailey
You have our approval in accordance with the attached conditions and those listed below to
place fill within or otherwise impact 200 linear feet of perennial stream and 12 000 square feet
(ft) of Zone 1 Neuse River protected riparian buffer and 8 050 square feet (ft) of of Zone 2 Neuse
River protected riparian buffer for the purpose of performing stream restoration on the Long
Branch stream at the subject property as described within your application Dated May 11 2006
and received by the N C Division of Water Quality (DWQ) on May 16 2006 After reviewing
your application we have decided that tht impacts are covered by General Water Quality
Certification Number(s) 3495 (GC3495) The Certification(s) allows )ou to use Nationwide
Permit(s) NW27 when issued by the US Army Corps of Engineers (USACE) This letter shall
also act as ) our approved Authorization Certificate for impacts to the protected riparian buffers
per 15A NCAC 213 0233 In addition you should obtain or othemise comply with any other
required federal state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control or do Non discharge conduct Impacts toawater waters depicted approval you
to proceed with your proposed impacts
application shall expire upon expiration of the 404 or CAMA Permit
This approval is for the purpose and design that you described in your application If you change
your project you must notify us and you may be required to send us a new application If the
property is sold the new owner must be given a copy of this Certification and approval letter and
with all conditions If total fills for this project (now or in
is thereby responsible for complying
the future) excetA one acre of wetland or 15
0 linear feet of stream compensatory`mitigation may you
be required as described in 15A NCAC 2H 0506
and any addition alrconditions 1st d belowlow the
conditions listed in the attached certification
No hCarohna
,NNatura((y
401 oversight/Express Review Permits Unit
1650 Mail Service Center Raleigh North Carolina 27699 1650
2321 Crabtree Boulevard Suite 250 Raleigh North Carolina 27604
Phone [phone] FAX [phone] Internet http 1/h2o enr state nc us /ncwellands
An Equal opportunity /Affirmative Action Employer 50 / Recycled /10 / Post Consumer Paper

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Page 2 of 3
My 11 2006
The Additional Conditions of the Certification are
1 Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met No other impacts are
approved including incidental impacts
2 Erosion & 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 Best
Management Practices in order to protect surface waters standards
a The erosion and sediment control measures for the project must be designed installed
operated and maintained in accordance with the most recent version of the North
Carolina Sediment and Erosion Control Planning and Design Manual
b The design installation operation and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual The devices
shall be maintained on all construction sites borrow sites and waste pile (spoil) projects
including contractor owned or leased borrow pits associated with the project
3 No Waste Spoil Solids or Fill of Any Kind
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 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
4 Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse
flow at non erosive � elocities through the protected stream buffers such that it will not re
concentrate before discharging into a stream as identified within 15A NCAC 2B 0233 (5) If
this is not possible it may be necessary to provide stormwater facilities that are considered to
remove nitrogen This may require additional approval from this Office
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Amount Approved (Uruts)
Plan Location or Reference
Stream perennial
200 (linear feet)
PCN page59 of 9
Buffer — Zone 1
12 000 (square ft)
PCN page 8 of 9
Buffer — Zone 2
8 050 (square ft )
PCN page 8 of 9
2 Erosion & 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 Best
Management Practices in order to protect surface waters standards
a The erosion and sediment control measures for the project must be designed installed
operated and maintained in accordance with the most recent version of the North
Carolina Sediment and Erosion Control Planning and Design Manual
b The design installation operation and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual The devices
shall be maintained on all construction sites borrow sites and waste pile (spoil) projects
including contractor owned or leased borrow pits associated with the project
3 No Waste Spoil Solids or Fill of Any Kind
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 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
4 Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse
flow at non erosive � elocities through the protected stream buffers such that it will not re
concentrate before discharging into a stream as identified within 15A NCAC 2B 0233 (5) If
this is not possible it may be necessary to provide stormwater facilities that are considered to
remove nitrogen This may require additional approval from this Office
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July 11 2006
5 Protective Fencing
The outside buffer wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer wetland or water prior to any land disturbing activities to ensure
compliance with 15A NCAC 213 33 and GC 3402
6 No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable If placement of sediment and erosion control devices in
wetlands and waters is unavoidable they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the project
7 Stream Restoration with Approved Plans
The stream and buffer restoration must be constructed maintained and monitored according
to the approved plans in the application and modifications to the application Any repairs or
adjustments to the site must be made according to the approved plans or must receive written
approval from this Office to make the repairs or adjustments
Riparian zone restoration is required as a condition of this Certification Replanting of
vegetation w ithin disturbed areas located within 30 feet of the stream associated with stream
restoration must be done in an' in kind manner immediately following construction
(Example Disturbed areas with pre existing grassed lawns must be replanted with grass
Disturbed areas with pre existing trees or woody vegetation must be replanted with trees and
woody vegetation Disturbed areas with pre existing forest vegetation must be replanted with
forest vegetation including trees least
acre atfmaturity native
This dehardwood
Can uspally bet density
ach eved by
sufficient to provide 32 p
planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre )
8 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 required to return
the attached certificate of completion ithesServ�e Center eiale Raleigh NC Permitting 99it
North Carolina Division of Water Quality 1650 Mail
1650
Violations of any condition heroThe result in
to proceed with your Certification and may
result in criminal and /or civil penalties l
impacts or to conduct impacts to waters ted in
or CAMA Permit and as authorized by this
Certification shall expire upon expira tion of the

i uwn ut k-nry
Page 4 of 3
July 11 2006
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts) you may ask for an adjudicatory hearing You must act within 60
days of the date that you receive this letter To ask for a hearing send a written petition which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings 6714 Mail Service Center Raleigh, N C 27699 6714 This certification and its
conditions are final and binding unless you ask for a hearing
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act If you have any questions please telephone Cyndi Karoly or Ian McMillan in the
Central Office in Raleigh at 919 733 1786 or Eric Kula in the DWQ Raleigh Regional Office at
919 791 4200
AW KJz�m
Enclosures GC 3495
Certificate of Completion
cc USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR. Raleigh Regional Office
File Copy
Central Files
Jason Diaz Kimley Horn & Associates Inc
Sincerely
r
f-,A1an W Klimek P E
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3001 Weston Parkway Cary NC 27) 1 1
Filename 060831TOCaryLongBranchAmbientPLStreamRestoration (Wake)401 NBR
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WOC #3495
STREAM RESTORATION ENHANCEMENT AND STABILIZATION AND WETLAND AND
RIPARIAN RESTORATION AND CREATION ACTIVITIES CERTIFICATION
GENERAL CERTIFICATION FOR STREAM RESTORATION ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND
CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBERS 13 (BANK STABILIZATION) AND 27 (WETLAND AND
RIPARIAN RESTORATION AND CREATION AND REGIONAL PERMIT 197800080
(CONSTRUCTION AND MAINTENANCE OF BULKHEADS)
This General Certification is issued in conformity with the requirements of Section 401 Public
Laws 92 500 and 95 217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15A NCAC 2H 0500 and 15A NCAC 2B 102 and e ill
material to waters as described in 33 CFR 330 Appendix A (B) ( 3 ) (27 ) of the Corps o
Engineers regulations (i a Nationwide Permit Numbers 13 and 27) and Regional Permit
197800080 The category of activities shall include stream bank stabilization or stream
restoration activity as long as impacts to waters or significant wetlands are mrnimized This
Certification replaces Water Quality Certification (WQC) Number 3399 issued March 2003 This
WQC is rescinded when the Corps of Engineers reauthorize Nationwide Permits 13 or 27 or
Regional Permit 197800080 or when deemed appropriate by the Director of the Division of Water
Quality (DWQ)
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301 302 303 306 and 307 of the Public Laws 92 500 and 95 217
if conducted in accordance with the conditions set forth
Conditions of Certification
1 Wetland and /or riparian area restoration and creation projects which are for
compensatory mitigation or compensatory mitigation credit (and not including
projects that only involve stream restoration or enhancement work described in
condition nos 2 and 3 below) that are proposed
from the Division of Wat General eCQuallrtyloAll
require written application to and approval
applications for written DWQ approval will be reviewed and a response will be
prepared within 30 days of stamped receipt of the application in the Division of
Water Quality s Central Office in Raleigh This 30 day period does not include time
spent by the application or DWQ s response within US Postal Service or North
Carolina s Mail Service Center mail systems
Wetland and riparian area restoration and creation projects (not including projects
that involve work in or impacts to streams) which are not for compensatory
mitigation or compensatory mitigation credit proposed under al from
General Division of
Certification do not require written application to and app
Water Quality In these cases the applicant is required to notify the Division in
writing with three copies of project specifications before the impact occurs If the
Division determines that the project would not result in an ecologically viable wetland
and riparian area then the Division shall prepare a response to notify the applicant
in writing within 30 days of DWO , receipt of the notification In such case the
applicant will be required to submit a formal application and pay of the appropriate
fee and DWQ will be required to process the application through normal
procedures
2 Proposed stream restoration projects (as defined and limited below) that do not
disturb wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit do not require written application to and approval

WQC #3495
from the Division of Water Quality and therefore do not require payment of an
application fee to the Division of Water Quality Projects that are intended for
compensatory mitigation or compensatory mitigation credit that are intended to
resolve a violation or that are in association with a development project shall require
an application fee and written concurrence from the Division of Water Quality
Stream restoration is defined as the process of converting an unstable altered or
degraded stream corridor including adjacent riparian zone and floodprone areas to
its natural or referenced stable conditions considering recent and future watershed
conditions This biological and chemical integrity including transport of water and
sediment is produced by the stream s watershed in order to achieve dynamic
equilibrium The applicant is required to notify the Division in writing with three
copies of detailed restoration plans and specifications before the impact occurs If
of stream
the Division determines that the project does not meet the above definition
then the Division shall notify the applicant in writing within 30 days of
restoration
receipt of the application In such cases the applicant will be required to submit a
formal application and pay of the appropriate fee and DWQ will be required to
process the application through normal procedures
3 Stream enhancement projects (as defined and limited below) that do not disturb
wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit and do not include any stream channel relocation do
not require written application to and approval from the Division of Water Quality
and therefore do not require payment of an application fee to the Division of Water
Quality Projects that are intended for compensatory mitigation or compensatory
mitigation credit that are intended to resolve a violation or that are in association
with a development project shall require an application fee and written concurrence
from the Division of Water Quality
4 Stream enhancement is defined as the process of implementing stream
rehabilitation practices in order to improve water quality and/or ecological function
These practices must only be conducted on streams that are not experiencing
severe aggradation or erosion Stream enhancement does not include the relocation
of the stream channel Stream enhancement bank stabilization techniques include
the use of woody vegetation as the primary means of long term stability and soft
techniques such as root wads that encourage the establishment of dense woody
vegetation Stream enhancement techniques do not typically include the use of
stream bank or bed hardening techniques such as rip rap or other rock gabion
block or concrete structures However enhancement activities may also include the
placement of in stream habitat or grade control structures such as cross vanes j
hook vanes and wing deflectors that do not affect the overall dimension pattern or
profile of a stable stream
The applicant is required to notify the Division in writing with three copies of detailed
enhancement plans and specifications before the impact occurs if the stream
enhancement project disturbs greater than 500 feet of stream bank or if the project
proposes the use of in stream structures If the Division determines that the project
does not meet the above definition of stream enhancement then the Division shall
the
notify the applicant in writing with an explanation within 30 days of receipt of
notification to require application and payment of the appropriate fee
5 Stream stabilization projects that include the use of any structure or fill in the existing
stream bed or disturb greater that 500 feet of stream bank that are proposed under
this General Certification require written application to and approval from the
Division of Water Quality

i
n
WQC #3495
Stream stabilization is defined as the in place stabilization of an eroding stream
bank using measures that consist primarily of hard engineering such as but not
limited to concrete lining rip rap or other rock and gabions The use of hard
engineering will not be considered as stream restoration or enhancement
6 Impacts to any stream length in the Neuse Tar Pamlico or Randleman River Basins
(or any other major river basins with Riparian Area Protection Rules [Buffer Rules) in
effect at the time of application) requires written concurrence for this Certification
from DWQ in accordance with 15A NCAC 2B 0200 Activities listed as exempt
from these rules do not need to apply for written concurrence under this
Certification New development activities located in the protected 50 foot wide
riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar
Pamlico River Basins shall be limited to uses identified within and constructed in
accordance with 1 SA NCAC 26 0200 All new development shall be located
designed constructed and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management
practices
7 In order for the above conditions to be valid any plans not requiring written
this Certification must be built according to the plans provided to
concurrence to use
the Division of Water Quality If written concurrence is required then the project
must be built and maintained according to the plans approved by the wntten
concurrence and Certification from the Division of Water Quality
8 Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the North Carolina Erosion and Sediment
North Carolina Surface Mining Manual
Control Planning and Design Manual or
whichever is more appropriate (available from the Division of Land Resources at the
DENR Regional and Central Offices) shall be designed installed and maintained
properly to assure compliance with the appropriate turbidity water quality standard
(50 NTUs in streams and rivers not designated as trout waters by DWQ 25 NTUs in
all saltwater classes and all lakes and reservoirs 10 NTUs in DWQ classified trout
waters)
9 All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources or
delegated program has released the project
10 Any rip rap shall be of such a size and density so as not to be able to be carried off
by wave or current action and consist of clean rock or masonry material free of
except in
debris or toxic pollutants Rip rap shall not be installed in the streambed
for control and to ensure structural integrity of bank
specific areas required velocity
stabilization measures If rip rap is to be installed within the streambed the amount
and location must be approved in writing by the Division of Land Resources and
Division of Water Quality However rock vanes wing deflectors and similar
structures for grade control and bank protection are acceptable
11 Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened
12 If an environmental document is required this Certification is not valid until a Finding
of No Significant Impact or Record of Decision is issued by the State
Clearinghouse
n

a Erosion and sediment control measures for the project must be designed
WOC #3495
13 Additional site specific conditions may be added to projects which require written
a
concurrence under this Certification in order to ensure compliance with all applicable
water quality and effluent standards
14 Projects with any impacts to streams wetlands and /or waters that have received a
Notice of Violation from the Division of Land Resources and /or the Division of Water
Quality are required to submit a complete application and receive written
concurrence to use this Certification regardless of the proposed impact amount to
streams wetlands and waters
15 Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or the notification sent
to DWQ
16 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 Best Management Practices
a Erosion and sediment control measures for the project must be designed
installed operated and maintained in accordance with the most recent version
of the North Carolina Sediment and Erosion Control Planning and Design
Manual
b Design installation operation and maintenance of the sediment and erosion
control measures must be such that they equal or exceed the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual The devices shall be maintained on all construction sites
borrow sites and waste pile (spoil) projects including contractor owned or
leased borrow pits associated with the project
c For borrow pit sites the erosion and sediment control measures must be
designed installed operated and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual
d Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act
e Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times
17 No Impacts Beyond those in Application
No waste spoil solids or frll of any kind shall occur in wetlands waters or riparian
areas beyond the footprint of the impacts depicted in the Pre construction
Notification 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
18 No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters to
the maximum extent practicable If placement of sediment and erosion control
devices in wetlands and waters is unavoidable they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project
nil

WOC #3495
Non compliance with or violation of the conditions herein set forth by a specific project shall result
in revocation of this 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 have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the publics best interest by the Director of the North Carolina
Division of Water Quality
Effective date 31 December 2004
DIVISION OF WATER QUALITY
By
Alan W Klimek P E
Director
WQC ff 3495

E
1,ertiticatlon oI L omplelioII
1 DWQ Project No
:x-
Applicant
Project Name
Date of Issuance of Wetland Permit
County
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit North Carolina
Division of Water Quality 1650 Mail Service Center, Raleigh NC 27699 1650 Tlus form may be returned to DWQ by
the applicant the applicant s authorized agent or the protect engineer It is not necessary to send certificates from all of
these
Applicant's Certification
I , hereby state that to the best of my abilities due care 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 Certification
I , hereby state that to the best of my abilities due care 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
1f this project was designed by a Certified Professional
11, ' as a duly registered Professional (i a Engineer
Landscape Architect Surveyor) etc) in the State of North Carolina having been authorized to observe (periodically
lweekly, full time) the constnicbon of the project, for the Permittee hereby state that, to the best of my abilities due care
and diligence was
Alliance and intent of the 401 Water Quality Certification a
nd Buffer Rules, the approved plans and
within
substantial comp
specifications and other supporting matenals
Signature
1
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Registration No
Date

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