20030141 Ver 1_401 Application_20120803

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August 3 2012
Mr Eric Alsmeyer
Project Manager
U S Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive Suite 105
Wake Forest NC 27587
kjs!!� 3 ?Ole
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Reference Record Only Notification — Nationwide Permit 18
For Tryon Road Widening — Culvert Scour Repairs
Wake County North Carolina
Dear Mr Alsmeyer
Fz�
C)3_0�" -f � v
The Town of Cary proposes to complete repairs to a scour hole at the inlet end of the Tyron Road culvert
carrying Speight Branch A concrete channel between the outlet of Tryon Lake Dam and the culvert
under Tryon Road is also proposed Per our telephone conversations regarding the project a Record Only
Notification for the project using Nationwide Permit 18 is included with this letter
The proposed project does not impact any wetlands or buffers impacts less than 25 linear feet of stream
and provides less than 10 cubic yards of fill in the channel below the plane of the ordinary high water
mark The project does not impact a special aquatic site Therefore a pre construction notification for
the project is not required
By copy of this letter we are also sending a Record Only Notification to Rob Ridings with the North
Carolina Division of Water Quality to use Water Quality Certification GC3890
The project is scheduled to begin construction in September of 2012 If you have any questions about the
plans or if you need any additional information please contact me at 919 878 9560
Enclosure J WM/
cc Rob Ridings
— NC DWQ
Bob Shultes —
To% n of Cary
Joe Godfrey —
To vii of Cary
A idy Padiak
—The John R McAdan s Co
Chris Murray—
NCDOT Di lion 5
BKS THS RVK DBP F le 311 108
M \p j t \2011 \I 1108 C y SW\02 S \D \M y 012 08 03 d,
Sincerely
RUMMEL KLEPPER & KAHL LLP
Jeff Meador PE
Senior Project Engineer
Engineers I Construction Managers I Planners I Scientists
3

o��F WW ATF9QG
Office Use Only
Corps action ID no
DWQ project no
Form Version 1 3 Dec 10 2008
Page 1 of 11
PCN Form — Version 1 3 December 10 2008 Version
Pre - Construction Notification (PCN) Form
A Applicant Information
1
Processing
1 a
Type(s) of approval sought from the
Corps
FzSection 404 Permit ❑Section 10 Permit
1b
Specify Nationwide Permit (NWP) number 18 or General Permit (GP) number
1c
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d
Type(s) of approval sought from the DWQ (check all that apply)
❑ 401 Water Quality Certification — Regular ❑ Non 404 Jurisdictional General Permit
[:1401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification
® Yes ❑ No
For the record only for Corps Permit
® Yes ❑ 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
® No
1g
Is the project located in any of NC s twenty coastal counties If yes answer 1 h
below
❑ Yes
® No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2
Project Information
2a
Name of project
Tryon Road Widening Culvert Scour Repairs
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
Deed Book 09821 Deed Page 0735
3c
Responsible Party (for LLC if
applicable)
Tim Bailey PE c \o Bob Shultes PE
3d
Street address
PO Box 8005
3e
City state zip
Cary NC 27512 8005
3f
Telephone no
919 380 4104
3g
Fax no
919 460 4935
3h
Email address
Bob Shultes@townofcary org
Page 1 of 11
PCN Form — Version 1 3 December 10 2008 Version

4
Applicant Information (if different from owner)
4a
Applicant is
® Agent ❑ Other specify
4b
Name
Jeffrey W Meador PE
4c
Business name
(if applicable)
Rummel Klepper & Kahl LLP
4d
Street address
900 Ridgefield Drive Suite 350
4e
City state zip
Raleigh NC 27609
4f
Telephone no
919 878 9560
4g
Fax no
919 790 8382
4h
Email address
Imeador @rkk com
5
Agent/Consultant Information (if applicable)
5a
Name
Jeffrey W Meador PE
5b
Business name
(if applicable)
Rummel Klepper & Kahl LLP
5c
Street address
900 Ridgefield Drive Suite 350
5d
City state zip
Raleigh NC 27609
5e
Telephone no
919 878 9560
5f
Fax no
919 790 8382
5g
Email address
jmeador @rkk corn
Page 2 of 11
PCN Form — Version 1 3 December 10 2008 Version

B
Project Information and Prior Project History
1
Property Identification
1a
Property identification no (tax PIN or parcel ID)
0772475355
lb
Site coordinates (in decimal degrees)
Latitude 35 7464 Longitude 787503
(DD DDDDDD) ( DD DDDDDD)
1c
Property size
23 76 acres
2
Surface Waters
2a
Name of nearest body of water (stream river etc ) to
Speight Branch
proposed project
2b
Water Quality Classification of nearest receiving water
WS III NSW
2c
River basin
Neuse River Basin
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
The project area consists of an existing rip rap lined channel between the outlet of a 48 reinforced concrete pipe through
Tryon Lake Dam and an 8 x8 concrete box culvert under Tryon Road The outlet pipe from the dam is directed to the
corner of the box culvert entrance The alignment of the outlet pipe as well as high velocity flow has caused a scour hole
to develop at the eastern corner of the box culvert entrance The Town of Cary and NCDOT have removed the existing
rip rap and completed grout repairs in the past (replacing the rip rap after repairs were completed) However the scour at
the culvert entrance remains a problem The attached photograph shows the location of the scour hole
3b
List the total estimated acreage of all existing wetlands on the property
Total wetland area on the parcel is estimated to be 1 37 acres
3c
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
There is an estimated 1900 linear feet of stream and Tryon Lake (aprox 9 5 acres)
3d
Explain the purpose of the proposed project
The purpose of the project is to repair the scour hole at the entrance of the culvert and to install countermeasures
(concrete channel) to keep the problem from occurring again The problem has been previously repaired using rip rap
however the area continues to scour The repair is needed to ensure the long term stability of the culvert and eliminate
the need to complete additional repairs in the future
3e
Describe the overall project in detail including the type of equipment to be used
The proposed project will remove the existing rip rap channel between the pond outlet and the culvert under Tryon Road
A new concrete channel will be constructed in place of the rip rap channel During construction flow from the pond outlet
will bypass the work site in a 36 suspended bypass pipe The bypass pipe will keep the normal stream flow from coming
in contact with live concrete or sediment from the work area The work area will require dewatering Effluent from
dewatenng will be pumped into a stilling basin to remove sediment before being discharged into the stream The stilling
basin will not be located in a stream \wetland or buffer It is anticipated that earth moving equipment (track hoe or back
hoe) will be used to excavate the work area The scour hole at the culvert entrance will be repaired using plywood forms
and grout (both hand packed and pumped grout) Concrete for the new channel will be placed using concrete trucks and
likely a concrete pump truck Live concrete will not be allowed to come in contact with the stream flow
Page 3 of 11
PCN Form — Version 1 3 December 10 2008 Version

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?
❑Yes ®No El Unknown
Comments Jurisdictional determination made by Hal Bain
with RK &K Engineers Stream identification forms are
attached to this application
4b If the Corps made the jurisdictional determination what type
❑ Preliminary El Final
ry
of determination was made?
4c If yes who delineated the jurisdictional areas?
Agency /Consultant Company RK &K Hal Bain
Name (if known)
Other Stream identification forms are attached to this
application
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
®Yes ❑ No ❑Unknown
this project (including all prior phases) in the past?
5b If yes explain in detail according to help file instructions
Nationwide Permit 14 dated 05/14/2003 was obtained when Tryon road was widened to four lanes Prior to the Tryon Rd
widening project the stream was piped between the dam and the roadway The stream was daylighted into the existing
rip rap channel as part of the project The current project area would not have been considered a permit site at the time
of the 2003 permit A copy of the 2003 permit is attached for informational purposes
6 Future Project Plans
6a Is this a phased project?
❑ Yes ®No
6b If yes explain
Page 4 of 11
PCN Form — Version 1 3 December 10 2008 Version

C Proposed Impacts Inventory
1 Impacts Summary
la Which sections were completed below for your project (check all that apply)
❑ Wetlands ® Streams tributaries ❑ 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
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps 404 10
Area of impact
Permanent (P) or
(if known)
DWQ — non 404 other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
0 N
❑DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g Total wetland impacts
2h Comments N/A
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
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number
(PER) or
(Corps 404 10
stream
length
Permanent (P) or
intermittent
DWQ — non 404
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ®P ❑ T
Concrete Channel
Speight Branch
® PER
❑ INT
® Corps
® DWQ
11
20
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
20
31 Comments
Page 5 of 11
PCN Form — Version 1 3 December 10 2008 Version

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 individually list all open water impacts below
4a
4b
4c
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f Total open water impacts
4g Comments N/A
5 Pond or Lake Construction
If pond or lake construction proposed then complete the chart below
5a
5b
5c
5d
5e
Pond ID
Proposed use or purpose
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
number
of pond
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f Total
5g Comments N/A
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
® Neuse ❑ Tar Pamlico ❑ Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required
B1 ❑P
El Yes
❑ No
B2 ❑P
El Yes
❑ No
B3 ❑P ❑T
El Yes
❑ No
6h Total buffer impacts
61 Comments No buffer impacts per discussion with Ro Ridings on 7 \20 \2012
Page 6 of 11
PCN Form — Version 1 3 December 10 2008 Version

D Impact Justification and Mitigation
1 Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
During the design phase impacts to the stream were considered However since the project area has been repaired before
replacing the rip rap channel with a conrete channel was determined to be the only feasible solution to permanently repair the
scour at the culvert entrance
1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
The method used to handle the stream base flow during construction was given considerable attention during the design
phase The suspended bypass pipe that will be utilized during construction will allow the stream base flow to continue
downstream normally and will keep sediment and live concrete from coming into contact with the stream
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 ® 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
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
❑ warm ❑ cool ❑cold
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 If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan
Page 7 of 11
PCN Form — Version 1 3 December 10 2008 Version

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 ® 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 No buffer impacts per discussion with Rob Ridings 7 \20 \2012
Page 8 of 11
PCN Form — Version 1 3 December 10 2008 Version

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
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
lb
If yes then is a diffuse flow plan included? If no explain why
❑ Yes ❑ No
Comments
2
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
2%
2b
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c
If this project DOES NOT require a Stormwater Management Plan explain why The proposed project replaces aprox 385
sf of existing rip rap channel with a concrete channel The existing rip rap and proposed concrete channel are both
considered impervious area Therefore the project does not create an increase in the impervious area and a stormwater
management plan is not required
2d
If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3
Certified Local Government Stormwater Review
3a
In which local government s jurisdiction is this project?
❑ Phase II
3b
Which of the following locally implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a
Which of the following state implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ 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 9 of 11
PCN Form — Version 1 3 December 10 2008 Version

F
Supplementary Information
1
Environmental Documentation (DWQ Requirement)
1a
Does the project involve an expenditure of public (federal /state /local) funds or the
®Yes
E:1 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
❑ Yes
® 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
❑ No
Comments
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
® No
or Riparian Buffer Rules (15A NCAC 213 0200)?
2b
Is this an after the fact permit application?
❑ Yes
® No
2c
If you answered yes to one or both of the above questions provide an explanation of the violation(s)
3
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
❑ 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
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 10 of 11
PCN Form — Version 1 3 December 10 2008 Version

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 ® No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
® Raleigh
5c If yes indicate the USFWS Field Office you have contacted
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS Wake County Endangered and Threatened Species List
6 Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Division of Marine Fisheries and National Marine Fisheries Data Site
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 ® 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?
Town of Cary
8 Flood Zone Designation (Corps Requirement)
8a WIII this project occur in a FEMA designated 100 year floodplain?
❑ Yes ® No
8b If yes explain how project meets FEMA requirements
8c What source(s) did you use to make the floodplain determination? Flood Insurance Rate Map North Carolina Wake
County Panel 0772
Jeffrey W Meador PE_
July 27 2012
Applicant/Agent s Printed Name
Date
A pli t/Agent s Signature
(Agent s signature is valid only if an authorization letter from the applicant
is provided )
Page 11 of 11
PCN Form — Version 1 3 December 10 2008 Version

July 20 2012
Mr Jeff Meador P E
Project Manager
Rummel Klepper and Kahl LLP (RK &K)
900 Ridgefield Drive Suite 350
Raleigh NC 27609
ENGINEERING DEPARTMENT
Town of Cary Project ST 1073/1076 Widening of Tryon Road (Section B Phase 1)
RK &K OnCall Project Tryon Road Culvert Scour Repairs Town Project ST1073
Subject Agent Authorization to Obtain Permitting in the Town s Name for
Tryon Road Culvert at Speight Branch — Forwarded
Dear Mr Meador
By copy of this letter the Town of Cary authorizes RK &K to act as our agent for the purpose of
obtaining all project permits with the United States Army Corps of Engineers and North
Carolina Department of Natural Resources Water Quality Division Land Quality Division and
State Dam Safety
RK &K is authorized to submit all permit applications on the Town s behalf and to access all
public right of way and easements as shown on the PR 1035 Tryon Road Greenway and ST
1073/1076 Tryon Road Widening Plans
Thank you in advance for your time If there are any questions I can be reached at (919) 380
4104 or by a mail at bob shultes(�townofcary org
Sincerely
rt t qAO
Robert E Shultes
Project Engineer— ST 1073/ST1092 Tryon Road Widening Projects
cc Tim Bailey PE Director of Engineering
Joe Godfrey Landscape Architect and Project Manager PR 1035
Project File
TOWN Of CARY
316 North Academy Street • Cary, NC 27513 • PO Box 8005 • Cary, NC 27512 8005
tel [phone] fax [phone] • www townofcary org

IJSACE AID #_
DWQ#
Site # (indicate on attached map)
`
STREAM QUALITY ASSESSMENT WORKSHEET � T g�a
Provide the following information for the stream reach under assessment
I Applicant sname 7-5,,-,A--, &P C+ -'-,l 2 Evaluator sname / {/J~/
3 Date of evaluation o //,P- 4 Time of evaluation /� d
5 Name ofstream S�� 1 6 River basin /(%
7 Approximate drainage area 8 Stream order 3
9 Length of reach evaluated a o O -Fl 10 County U),4 /'Cep
11 Site coordinates (if known) prefer in decimal degrees 12 Subdivision name (if any) "/4
Latitude (ex 34 872312) Longitude (ex —77 55661 1)
Method location determined (circle) GPS o o Shee Ortho Aerial) Photo /GI Other GIS Other
13 Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location)
/Vo,l a "Je. o r { r r
14 Proposed channel work (if any)) t f r
15 Recent weather conditions / ! z r /J o a /� /t .✓ r r tl �/ lr mfr j
16 Site conditions at time of visit A,, � � %u, tai P4
17 Identify any special waterway classifications known Section 10 _Tidal Waters _Essential Fisheries Habitat
_Trout Waters _Outstanding Resource Waters _Nutrient Sensitive Waters _Water Supply Watershed (I IV)
18 Is there a pond or lake located upstream of the evaluation pointy ES NO If yes estimate the water surface area
19 Does channel appear on USGS quad map9 YES ENO, 20 Does channel appear on USDA Soil Surveyv YES (N-0�)
21 Estimated watershed land use '{ °/ Residential % Commercial A Industrial % Agricultural
} G % Forested % Cleared / Logged % Other (
22 Bankfull width D r t 23 Bank height (from bed to top of bank) 9,
24 Channel slope down center of stream --�Xflat (0 to 2 %) _Gentle (2 to 4 %) _Moderate (4 to 10 %) _Steep ( >10 /)
25 Channel sinuosity ✓ Straight _Occasional bends _Frequent meander _Very sinuous _Braided channel
Instructions for completion of worksheet (located on page 2) Begin by determining the most appropriate ecoregion based on
location terrain vegetation stream classification etc Every characteristic must be scored using the same ecoregion Assign points
to each characteristic within the range shown for the ecoregion Page 3 provides a brief descnption of how to review the
characteristics identified in the worksheet Scores should reflect an overall assessment of the stream reach under evaluation If a
characteristic cannot be evaluated due to site or weather conditions enter 0 in the scoring box and provide an explanation in the
comment section Where there are obvious changes in the character of a stream under review (e g the stream flows from a pasture
into a forest) the stream may be divided into smaller reaches that display more continuity and a separate form used to evaluate each
reach The total score assigned to a stream reach must range between 0 and 100 with a score of 100 representing a stream of the
highest quality
Total Score (from reverse) _ Comments C�,,C/ j, { r
Evaluator s Signature 6/ �-41J Date 0�76/ �,l /j
This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in
gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream
quality The total score resulting from the completion of this form is subject to USACE approval and does not imply a
particular mitigation ratio or requirement Form subject to change - version 06/03 To Comment please call 919 876 8441 x 26

STREAM QUALITY ASSESSMENT WORKSHEET
1 nese characteristics are not assessed in coastal streams
#
ECOREGION POINT
RANGE
CHARACTERISTICS
SCORE
Coastal
Piedmont
Mountain
Presence of now / persistent pools in stream
1
(no flow or saturation = 0 strong flow = max points)
0-5
0 - 4
0-5
3
2
Evidence of past human alteration
(extensive alteration = 0 no alterat)on = max points
0-6
0-5
0-5
3
Riparian zone
no buffer = 0 contiguous wide buffer = max points)
0-6
0 — 4
0-5
0
4
Evidence of nutrient or chemical discharges
(extensive discharges = 0 no discharges = max
0-5
0 - 4
points)a
0-4
5
Groundwater discharge
(no discharge = 0 springs sees wetlands etc = max points
0-3
0-4
0-4
a
�£
6
Presence of adjacent floodplam
no flood lam = 0 extensive floodplam = max points )
0-4
0 - 4
0-2
ea
Entrenchment / floodplam access
(deeply entrenched = 0 frequent flooding = max points)
0-5
0 — 4
0-2
w
8
Presence of adjacent wetlands
no wetlands = 0 large adjacent wetlands = max points)
0-6
0 — 4
0-2
9
Channel sinuosity
(extensive channehzation = 0 natural meander = max points)
0-5
0-4
0-3
10
Sediment input
0-5
0 — 4
0-4
extensive deposition= 0 little or no sediment = max points)
Size & diversity of channel bed substrate
r w
� �* }'
11
fine homogenous = 0 jar e diverse sizes = max points
tt�
�� 4
0-4
0 - 5
12
Evidence of channel incision or widening
(deeply incised = 0 stable bed & banks = max points)
0-5
0 — 4
0-5
3
13
Presence of major bank failures
(severe erosion = 0 no erosion stable banks =max points)
0-5
0 -5
0 -5
L�
14
Root depth and density on banks
0-3
0 4
0-5
(no visible roots = 0 dense roots throughout = max points )
-
15
Impact by agriculture livestock or timber production
substantial impact =0 no evidence = max points)
0 -5
0 -4
0 -5
tf
16
Presence of riffle pool/ripple pool complexes
no nffles/ripples or pools = 0 well developed = max points)
0-3
0 - 5
0-6
1
Habitat complexity
�}
little or no habitat = 0 frequent vaned habitats = max points
0-6
0 - 6
0-6
18
Canopy coverage over streambed
no shading vegetation = 0 continuous canopy max points)
0-5
0 — 5
0-5
19
Substrate embeddedness
*y{
0-4
0 4
(deeply embedded = 0 loose structure = max)
n�A
—
c
20
Presence of stream mvertebrates (see page 4)
y�
no evidence = 0 common numerous es = max points)
0-4
0 — 5
0-5
21
Presence of amphibians
Q
(no evidence = 0 common numerous types = max points)
0-4
0-4
0-4
22
Presence of fish
0-4
0 — 4
0-4
O
no evidence = 0 common numerous es = max points)
�x
23
Evidence of wildlife use
0 -6
0 -5
0 -5
€�
no evidence = 0 aoundant evidence = max points)
TotalPomtsPossible
- 'R
jL 0,. 0�
1y 0l 0
... .C�
�.i,
�
f
F ;0TO�TA]L SCORE (also enter on firstIpage) r ` _ _
33
r 4 ,
1 nese characteristics are not assessed in coastal streams

INU DWQ Stream Identification Yorm Version 4 11
Date � � � Project/Site rip Latitude
Evaluator f�� t County a "g� �R { P Longitude
Total Points Stream Determination (circle one) Other
Stream is at least rote- 30 ent Q p� Ephemeral Intermittent ennia e g Quad Name
If z l9 or perennial if z 30
A ueomor holo (Subtotal = y )
Absent
Weak
Moderate
Strong
1a Continuity of channel bed and bank
0
1
0
3
2 Sinuosity of channel along thalweg
0
1
2
3
3 In channel structure ex nffle pool step pool
ripple pool sequence
0
1
2
3
4 Particle size of stream substrate
0
1
2
3
5 Active /relict floodplain
0
1
2
3
6 Depositional bars or benches
0
1
2
3
7 Recent alluvial deposits
0
2
3
8 Headcuts
0
g05
2
3
9 Grade control i0,4 c � F i� //„ �' � �,r,
0
1
157
10 Natural valley
0 5
1
1 5
11 Second or greater order channel
No =
0
Yes = 3
perennial streams may also be identified using other methods Seep 35 of manual
R Hvdrnlnnv Pqi ihtntal = //I C, 1
12 Presence of Baseflow
0
1
2
1
13 Iron oxidizing bacteria
0
19 Rooted upland plants in streambed
3
14 Leaf litter
1 5
kn;
0
20 Macrobenthos (note diversity and abundance)
15 Sediment on plants or debris
0
1
2
16 Organic debris lines or piles
0
0
1
17 Soil based evidence of high water tablet
No = 0
3
L. nloloav iSUnTntal = �,n i
18 Fibrous roots in streambed
3
1
2
1
0
19 Rooted upland plants in streambed
3
2
1
0
20 Macrobenthos (note diversity and abundance)
0
i
1
2
3
21 Aquatic Mollusks
0
1
2
3
22 Fish
0
05
1
15
23 Crayfish
0
05
1
1 5
24 Amphibians
0
0 5
1
1 5
25 Algae
0
(0 5)
1
1 5
26 Wetland plants in streambed
FACW = 0 75 OBL = 1 5 Other = 0
perennial streams may also be identified using other methods Seep 35 of manual
Notes o,_{ s r
P,4s5 P5 Ij )_r
c,("(?,H r rr ae.•�1 r°c n c7 f r - OL—t
Sketch f ��
�'`-- � ��b ICJ
-�-- _____•
—i
r11 /0

7R-1Y014 FF dD W 106 IN l)'J 6-
�J
-FRO v L-0 �b 1'o R (N t�oR Nl R "i t o 1J
NATIONWIDE PERMIT 14
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH IS 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 cntena
1 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 Genera, Condition 13 if
any of the following cntena are met
or
a The discharge causes the loss of greater than \] /] 0\ acre of waters of the United States
b There is a discharge in a special aquatic site including wetlands
c The notification must include a compensatory mitigation proposal to offset permanent
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
d For discharges in special aquatic sites including wetlan,' and stream nffle and pool
complexes the notification must include a delineation of the affected special aq iatic sites
e The width of the fill is limited to the inimmum ne ^essary for the crossing
f This permit does not authorize stream channehzation and the authonzed activities must
not cause more than minimal changes to the hydraulic flow characteristics of the stream increase
flooding or cause more than minimal degradation of water quality of any stream (see General
Conditions 9 and 2 1 )

T
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)
2

NAT IONWIDE PERMIT GENERAL CONDITIONS
The following General Conditions must be followed in order for any authorization by a
NWP 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 Iife cycle
movements of those species of aquatic life indigenous to the waterbody including those species
that normally 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
m,-asures 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 conditions 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 nver officially designated by Congress as a study river for
possible inclusion in the system while the ever 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 managcnient 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 activity or its operation may impair reserved tribal 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

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 tnbal 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))
11 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 the critical habitat of such species Non federal permittees shall notify the District
Engineer - u ' -- -d species or designated critical habitat might be affected or is in the vicinity
of the project or is locati- 9 n the designated critical habitat and shall not begin work on the
activity until notified by the Nisi rIoineer that the requirements of the ESA have been
satisfied and that the activity is authorized i - activities that may affect Federally -fisted
endangered or threatened species or designated ci, ' habitat the notification m� c, aclude the
names) of the endangered or threatened species that may oe ati;ected 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 absence 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
9

i
Web pages at http / /www fws gov /r9endspp /endspp html and http / /w"v-w nfms noaa gov /prot
Fes /overview /es htm] respectively
12 Historic Properties No activity that may affect historic properties listed or eligible for
listing in the National Register of Histonc Places is authorized until the District Engineer has
complied with the provisions of 33 CFR part 325 Appendix C The prospective penmittee must
notify the District Engineer if the authorized activity may affect any historic properties listed
determined to be eligible or which the prospective permittee 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 historic 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
historic properties listed in or eligible for listing in the National Register of Historic Places the
notification must state which historic property may be affected by the proposed work or incl ide a
vicinity map indicating the location of the historic 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 day- 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 permittee 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
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 wasting and include the
following information
1 Name address and telephone numbers of the prospective permittee
5

•
' 2 Location of the proposed protect
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 Permits) 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 clanfy 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 Structures and Maintenance) the PCN must include
information regarding the original design capacities and configurations of those areas of the
Ifacility 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 authonzed 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 this determination in writing
1
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 anaJor the permittee s
spouse
ii A statement that the single family housing activity is for a personal residence
of the pennittee
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
6

i
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 descriptions)
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
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 poor 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
r11 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 Iosses 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 authorized the District Engineer must determine that the
activity complies with the other terms and conditions of the NA r determine adverse
environmental effects are minimal both individually and cumulatively and waive the limitation
on stream impacts in writing 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 NMP 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
District Engineer waives this criterion in writing and the District Engineer has determined that
7

v
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 cumulah�,ely
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 must 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 writing 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 critena 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 name(s) 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 activities that may affect historic properties listed in or eligible fo- listing
in the National Register of Histonc 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 histonc
property
c Form of Notification The standard Individual Permit application form (Form ENG
4345) may be used as the notification but must clearly indicate 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
District 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
Distnct 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 wil I notify the permittee and include any conditions the District Engineer
deems necessary The Distnct Engineer must approve any compensatory mitigation proposal
8

IN
before the permittee commences work If the prospective permittee is required to submit a
compensatory mitigation proposal Nxith the PCN the proposal may be either conceptual or
detailed If the prospective permittee elects to submit a compensatory mitigation plan with the
PCN the Distnct Engineer will expeditiously 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
mimmal 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
determined by the Distnet 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
1 That the project does not qualify for authorization under the NWP and instruct
the applicant on the procedures to seek authorization 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 authonzed under the NWP with specific modifications or
conditions Where the District 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 penod 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 s compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the projects adverse environmental
effects 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 ovemight mail or other expeditious manner) a copy to the appropnate
Federal or state offices (USFWS state natural resource or water quality agency EPA State
Histonc 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
9

i
additional 15 calendar days before making a decision on the notification The District Engineer
will full) consider agency comments received within the specified time frame but will provide j
no response to the resource agency except as provided below The District Engineer will indicate
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 provide 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
current method required by the Corps (For NWP 29 see paragraph (b)(9)(Itt) for parcels less than
(\1/4\ acre in size) The permittee 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 penod will not
start until the wetland delineation has been completed and submitted to the Corps where
appropriate
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 forwarded by the Corps with the authonzation letter and will
include
a A statement that the authorized work was done in accordance with the Corps
authorization including any gene-a] or specific conditions
b A statement that any required mitigation was completed in accordance with the
permit conditions and
c The signature of the permittee certifying the completion of the work and mitigation
15 Use of Multiple Nationwide Permits 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 with associated bank
stabilization authorized 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 repair 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
10

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
debris car bodies asphalt etc ) and material used for construction or discharged must be fee
' from toxic pollutants in toxic amounts (see section 307 of the CWA)
19 Mitigation The District Engineer will consider the factors discussed below when
' determining the acceptability of appropriate 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 (z e on site)
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 requiring a PCN unless the District Engineer determines in writing that some
other form of mitigation would be more environmentally appropriate and provides a
Project-specific waiver of this requirement Consistent with National policy the District
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 U/4 \acre
' loss of wetlands to a \1/2\ acre loss associated with NWP 39 verification However \1/2\ acre of
created wetlands can be used to reduce the impacts of a \1/2\ acre loss of wetlands to tree
minimum 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
considennc' costs existing technology and logistics in lighL of the overall project purposes
Examples of mitigation that may be appropriate and practicable include but are not limited to
reducing the size of the project establishing and maintaining wetland or upland vegetated buffers
to protect open waters such as streams and replacing losses of aquatic resource fu-Wtions and
values by creating restoring 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 easements deed restrictions) of vegetated buffers to open waters In many cases vegetated
11

f
buffers will be the only compensatory mitigation ►equired Vegetated buffers should consist of
native species The width of the veget -ited buffers iequned will nddiess documented water
quality or aquatic habitat loss concerns Norm illy the N eget-ited buffer Nvill be 25 to 50 feet 4
wide on each side of the stream but the District Engineets may requne 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 deterinme 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 venfication then the Corps
will condition the venfication to require detailed plans be submitted and approved by the Corps
prior to construction of the authorized activity in waters of the US
h Pennittees 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 will 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
avoided to the maximum extent practicable Activities that result in the physical destniction (e g
excavate fill or smother downstream by substantial turbidity) of an important spawning area are
not authorized
1 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) and
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 and provide for not increasing water flows from the project site relocating water or
redirecting water flow beyond preconstruction conditions Stream channehz►ng 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 most cases it
will not be a requirement to conduct detailed studies and monitoring of water 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
12

V
will defer to state and local authorities regarding management of water flow
22 Adverse Effects From Impoundments if the activity cieates an inipoundnient of water
adverse effects to the aquatic system due to the acceleration of the passage of water and /or the
restricting 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 material
23 Waterfowl Breeding Areas Activities including structures and work in navigable
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 affected areas returned to their preexisting elevation
25 Designated Critical Resource Waters Critical resource waters include
NOAA 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 hentage 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 Distnct 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
Iare 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 authonzed in designated critical habitat for Federally listed
' threatened or endangered species if the activity complies with General Condition 11 and the
USFWS or the NMFS has concurred in a determination of compliance with this condition
' b For NWPs 3 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 entical resource waters including wetlands adjacent to those waters The Distnct
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 Fills Within 100 Year Floodplains For purposes of this General Condition 100 year
floodplains will be identified through the existing Federal Emergency Management Agency
(FEMA) Flood Tnsurance Rate Maps or FEMA approved local floodplain 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
13
E-

b Discharges in Floodway Above Headwaters Discharges of dredged or fill material
into waters of the US within the FEMA or locally ni -ipped floodway resulting in permanent
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 Construction 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 work must be completed within 12 months after such date
(including any modification that affects the project)
For activities that have been verified and the project was commenced or under contract to
commence within the verification period the work must be completed by the date determined by
the Corps
For projects that have been verified 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 terms and
conditions of a NWP
2 N"WPs do not obviate the need to obtain other Federal State or local permits approvals or
authorizations required by law
3 NWPs do not grant any property rights or exclusive privileges
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 nonstructural 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
14

may be used to offset losses of aqu `Itic functions ind values The loss of stream bed includes the
linear feet of stream bed that is filled of excaN -itcd Wateis of (lie US tempoi -inly filled flooded
excavated or drained but restored to pieconstruction contours ind eleN ahons after construction
are not included in the measurement of loss of waters of the US Impacts to ephemeral waters
are only not included in the acreage or linear foot measurements 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 watermark 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 atypical 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 water 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 watertody 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
funetion(s) at a site where they have ceased to exist or exist in a substantially degraded state
Rifle 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 characteristics 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 finer substrate characterize
Pools
Sint?-le and Complete Protect 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
16

V
Vegetated Shallows Vegetated shallows are special aquatic sites under the 404(b)(1}
Guidelines They are areas that are permanently imindated 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 watermark 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
I Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries ( NCDMF) or the North Carolina Wildlife Resources Commission
(NCWRC) as anadromous fish spawning area are prohibited during the period between February
15 and June 30 without prior written approval from NCDMF or NCWRC and the Corps
2 Discharges into Waters of the United States designated as sturgeon spawning areas are
prohibited during the period between February I and June 30 without prior written approval
from the National Marine Fisheries Service (NMFS)
b The Corps identified waters that will be subject to additional notification requirements for
activities authorized 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 that 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 Environmental 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
18

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 authonzation to begin work
3 Prior to the use of any NWP on a Barner 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 Pnor to the use of any NWP in a Mountain or Piedmont Bog of North Carolina
applicants shall 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
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 Pnor 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 wntten statement of compliance with all
of the conditions listed of the applicable NWP Notification will include a letter of continents
and recommendations from the North Carolina Wildhfe 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 District 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
19

Mitchell Polk Ruthertord
Transylvania Watauga
6 Applicants shall notify the NCDENR 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 NV'? 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 includ ng bags of u- icu --ed 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 riprap 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
Roadway
Appro ach Fill Bank Fun
Culvert buried
b low treamb d
to appmpr t
Stream depth 20
Bottom

It
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 cubs ert) should not be modified by widening
the stream channel or by reducing the depth of the stream Culvert inverts will be buried at least
' one foot below the bed of the stream for culverts greater than 48 inches in diameter For culverts
48 inches in diameter or smaller culverts must be buried below the bed of (lie stream to a depth
I 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 writing The waiver will only be issued if it can be demonstrated that the impacts of
I complying with this Regional Condition would result in more adverse impacts to the aquatic
environment
' 3 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 Gwdelines 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 boned
Bankfull below streambed
I to appropriate
Bafnef Stream depth
Blockage Bottom
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 private 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
0 000
4
Floodplaui
Elevation
21

NORTH CAROLINA DIVISION OF WA TER QUALITY
GENERAL CERTIFICATION CONDITIONS
GC3375
1 Enumerating 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 footprints 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 all impacts regardless of which 404 Nationwide Permits are used Any activity that
results in a Ioss 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
pro) ect
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 nver basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time
22

of application) requires written concurrence foi this Certification from DWQ in accordance with
15A NCAC 2B 0200 Activities listed as exempt fiom these rules do not need to apply foi
wi itten concurrence undei this Ccitific -ition Ne\,, development icti\ ities loc iced in the protected
I 50 foot wide riparian areas (whether jurisdictional wetlands of not) N\ ithin the Neuse and Tar
Pamlico River Basins shall be limited to uses identified within and constructed 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 appropriate
local programs are sufficient to satisfy this Conditibn as long as the stormwater management
plans meet or exceed the design requirements specified in this condition This condition applies
unless more stringent requirements are in effect from other state water quality programs
a Unless specified otherwise in the approval letter the final written stormwater management
plan shall be approved in writing 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 Quaht)
c Also before any permanent building or otter structure is occupied at the subject site the
facilities (as approved by the Wetlands Unit) shall be constructed and operational and the
stormwater management plan (as approved by the Wetlands Unit) shall be implemented
d The structural stormwater practices as approved by the Wetlands Unit as well as drainage
patterns 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
23

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 appropnate 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 monitonng protocols from DWQ shall be followed and wntten plans submitted for
DWQ approval as 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 private 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 wntten 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
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 coir 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
24

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 arch culverts and other strictures including
temporary erosion control measures shall not be conducted in a mariner that may result in
aegradation 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 writing 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 aggTadation 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 appropriate (available from the Division of Land Resources (DLR) in the DENR Regional
or Central Offices) shall be in full compliance with all specifications goveming 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
11 All sediment and erosion control measures placed in wetlands and waters shall be removed
and the original 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 Clearinghouse
15 If this Certification is used to access bui,cting 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 Certification 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 } ears 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
26

U S ARMY CORPS OF ENGINEERS
Wilmington District
Action ID 200220862 / 200320805 / 200320806 County
Wake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant
Town of Cary
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
Description of Activity This 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 Jones at telephone number [phone] extension 30
Regulatory Project Manager Signature
Date May 14 2003 Expiration Date May 14 2005
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC, MUST BE ATTACHED
TO THE YELLOW (FILE) COPY OF THIS FORM, TF 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

Acton ID 200220862 / 200320805 / 200320806 County Wake 4
SPECIAL PERMT CONDITION
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 vntlun jurisdictional areas on the property shall begin only after the
permittee 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 mitigation work required pursuant to Paragraph
IV D of the Memorandum of Understanding between the North Carolina
Department of Envuonment 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 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

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 this 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 permitted activity is subject to a compliance inspection by an U S
Army Corps of Engineers representative If you fail to comply with this 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 Permittee

O� � �AT�R0G
APPROVAL of 401 Water Quality Certification
Michael F Easley Governor
William G Ross Jr Secretary
North Carolina Department of Environment and Natural Resources i
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 Academy Street
Cary NC 27513
Dear Mr Bailey
You have our approval in accordance with the attached conditions and those listed below for the following impacts
for the purpose of widening Tryon Road Cary in Wake County
n___e___ 1R1..i.... i -*, r.,.- th. AT—co Rtvar Rncin Rr Mitfivatinn
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 —fT - T.. ,f» R> Mitigation
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
2098
2 801
Impacts requiring
mitigation
12 028
3 883
Mitigation Ratio
3 1
15 1
Total Mitigation
Required
36 084
5 8245
Cost/Square Foot of Impact
096
096
Mitigation cost
$34 64064
$5 591 52
Total Mitigation Cost
$40 232 16
N-
North Carolina
Transportation Permitting Unit ,Nahwrally
1650 Mail Service Center Raleigh North Carolina 27699 1650
2321 Crabtree Boulevard Suite 250 Raleigh North Carolina 27604
Phone [phone] / FAX [phone] / Internet http / /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 pernuts 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 or in the future) exceed 150 linear feet compensatory mitigation may be required as
desciibed 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 greathr 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 wntmg 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 coir 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 written justification and any calculations used to determine 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 floodplams 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
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

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 fabric fencing prior 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 permit Should waste or borrow sites be located in wetlands or
stream compensatory mitigation 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 submitted 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 Required
Zone 1
12 028
3 1
36 084
Zone 2
3 883
15 1
5 824 5
Total
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 rmtigatron 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 penmtted 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 request 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 NCAC15A 2B 0233(6) sediment and erosion control Oevices shall not be placed in Zone 1 of any
Neuse Buffer without prior approval by the NCDWQ At this timd, the NCDWQ has approved no sediment and
erosion control devices in Zone 1 anywhere on this project Moreober sediment and erosion control devices
shall be allowed in Zone 2 of the buffers provided that Zone 1 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 adludicatory hearing You must
act within 60 days of the date that you receive this letter To ask for a hearing 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 urdess 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 II Engineering Services Manager 318 N Academy Street Cary NC 27511
Mr Charles A Nuckols II PE Vice President Kimley Horn and Associates Inc PO Box 33068
Raleigh NC 27636
Mr Todd St John PE Environmental Engineer Kimley Horn and Associates Inc PO Box 33068
Raleigh NC 27636
NCDWQ Raleigh Regional Office
File Copy
Central Files
C' \ Correspoodence \DWQ0.)0141 \091304wcq doc

' DWQ Project No
' Applicant —
Project Name
Date of Issuance of 401 Water Quality Certification
County
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
ISignature
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
Engineer s Certification
Partial Final
Date
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
Pentnttee 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

NORTH CAROLINA — DIVISION OF WATER QUALITY
401 WATER QUALITY CERTIFICATION MODIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2H 0500 NCDOT DWQ Project No 030141 is authonzed 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 transnuttal letter
THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS
Summary of 1wacts
Zone of
Impact
Impacts
(Square Feet)
Replacement
Ratio
Total Square Feet of
Mitigation Required
Zone 1
12 028
3 1
36 084
Zone 2
3 883
1 5 1
5 8245
Total
15,911
41,9085
■ 483 linear feet of stream
COMPENSATORY MITIGATION REQUIREMENTS
LOCATION Tryon Road
COUNTY Wake County
BASIN /SUBBASIN Neuse River Hydrologic Unit 0302001
As required by 15A NCAC 2B 0250 and 15A NCAC 2H 0506(h) and the conditions or 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 prior 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 Riparian 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
Signature
Date
ECOSYSTEM ENHANCMENT PROGRAM N-
1652 Mail Service Center
RALEIGH NC 27699 1652

OFFICE USE ONLY Date Recei AgoUp_ Request #
r
State of North Carolina S E P 1 0 2004
Department of Environment and Natural Resources
Division of Water Quality WATER QUALITY SECTM
Variance Request Form - for Minor Variances
Protection and Maintenance of Riparian Areas Rules
NOTE This form may be photocopied for use as an original
Please identify which Riparian Area (Buffer) Protection Rule applies
Neuse River Basin Nutrient Sensitive Waters Management Strategy
Protection and Maintenance of Riparian Areas Rule (15A NCAC 02B
0233)
o Tar - Pamlico River Basin Nutrient Sensitive Waters Management
Strategy Protection and Maintenance of Iparian Areas Rule (15A
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)
1 Applicants name (the corporation individual etc who owns the property)
T r�)nJ 1? CA,�
2 Print Owner /Signing Official (person legally responsible for the property and its compliance)
Name TOcF PH ff
Tale E ¢c c Se,e L1, c s
Street address 3i k /V . 4C4 C/e �� 7
City State Zip GvZV
Telephone g - yon y
Fax (91 q J %6 /2 -
3 Contact person who can answer questions about the proposed project
Name ; 4�F r , AAo ✓F
Telephone
Fax �)
Email
4 Project Name (Subdivision facility or establishment name consistent with project name on
plans specifications letters operation and maintenance agreements etc )
Version 2 November 2002

5 Project Location
Street address
City State Zip
County
Latitude /longitude
i
SJt ic7i� �eANC%, C'2vsSirl (!JA% 2&Ad
6 Directions to site from nearest major intersection (Also attach an 8'/2 x 11 copy of the USGS
topographic map indicating the location of the site)
102,41:Z IL
7 Stream to be impacted by the proposed activity
Stream name (for unnamed stregms label as/, T" to the nearest named stream)
G
Stream classification fs,'id'entified within "" the Schedule of Classifications 15A NCAC 2B
0315 (Neuse) or 0316 (Tar Pamlico)] /CIS f' NSA/
3 Which of the following permits /approvals will be required or have been received already for
this project?
Required Received Date received Permit Type
CAMA Major
CAMk4 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 in 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
^f NA Iff, *__f In ff2 1
r'> R 7,4E M,1 AA e 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
(an fork 457',5r 41—�- 7`A,5 �°t�e/ ,�Oic� O'ce D"
7") n1,-
Variance Request Form page 2
Version 2 November 2000

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 )
A --7'j d, r V /s, To C'eNi —iiezl c i A /3," f
4 Please provide an explanation of the following
(1) The practical difficulties or hardships that would result from the strict application of this
Rule I I I ,
(2) How these difficulties or hardships result from conditions that are unique to the property
involved ?W FAC T ;,,#A7' /T /S /,,, ,417 17 t a,-7 eJ� /
4-�-_ -_
(3) if economic hardship is the major consideration th6n 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
t

r
tii !✓� —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 A
Signature
Date
Title
Variance Request Form page 4
Version 2 November 2000
N,

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