20021921 Ver 1_COMPLETE FILE_20021218

rFR
QG
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
%W Division of Water Quality
January 30, 2003
Colson & Colson Construction Company., et al.
Attn: Mr. William E. Colson (Managing General Partner)
2250 McGilchrist Street S.E.
Salem, Oregon, 97306
Subject Property: Penny Road Retirement Facility, Penny Road, Cary, NC
Swift Creek [03-04-02, 27-43-(8), C NSW]
DWQ Project No. 02-1921
County: Wake
Page 1 of 2
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE & Minor Variance Approval per
the Neuse River Buffer Protection Rules (15A NCAC 2B.0233) with ADDITIONAL CONDITIONS
Dear Mr. Colson:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.17 acres of waters and 20,612 square feet (ft) of protected riparian buffers for the purpose of
modifying an existing pond and earthen dam to serve as a wet pond BMP, as described within your application dated
December 12, 2002. After reviewing your application, we have decided that the impacts are covered by the N.C.
Division of Water Quality (DWQ) General Water Quality Certification Number(s) 3362 (GC3362). The Certification(s)
allows you to use Nationwide -Permit 43 when issued by the US Army Corps of Engineers (USACE). This letter shall
also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213
.0233. In addition, you should obtain or otherwise comply with any other required federal., state or local permits before
you go ahead with your project including (but not limited to) Erosion and Sediment Control. Also, this approval will
expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described 'in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property is sold, the new owner must
be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If
total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions:
1. Minor Variance Approval
This letter shall also act as your approved minor variance for the proposed "timber level spreader" within Zone 2 as
depicted on the revised level spreader design plans dated December 20, 2002. The level spreader must be
installed by hand methods only. No mechanized equipment or clearing is allowed. All stormwater shall be directed
as diffuse flow at non-erosive velocities through the protected stream buffers and must not re-concentrate before
discharging into the stream as identified within 15A NCAC 2B .0233(5).
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands
i
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts),
you may ask for an adjudicatory hearing. You must. act within 60 days of the date that you receive this letter. To ask for
a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina Oeneral Statutes to the Office.
of Administrative Hearings, P.O. Box 27447,.Raleigh, N.C. 27611-7447. This certification and its conditions are final
and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts)
shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in
Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the
Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please
telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
tD?IiC K ek , P.
WQ, , Dire r
Attachments: Certificate of Completion
GC 3362
Cc: Kenneth B. Wrenn, PE, Quality Engineering, P.A., 1910 Sedwick Road, Durham, NC 27713
Todd St. John, DWQ Wetlands/401 Unit
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central.Files
DWQ # 02-1921
Date: January 30, 2003
bz

v ?=
Andrea Wade 12-16-02
U.S. Army Corps of Engineers
Raleigh Field Office
6508 Falls Of The Neuse Rd.
Suite 120, Raleigh, N.C.
27615
i no r 2-
-., Q U A L I T Y
Dudmm. NC 27713
(919) M6-W82
Re: Penny Rd. Retirement Facility
WWAX
Cary, N.C./?;) t
19,2 V?'ETLANOS GROUP
Andrea, C)R 0. WA a OUAU ty srcrinAi
Please find attached the original PCN application for Nationwide 43 Permit (NW 43), one copy of
a site plan that illustrates the existing and proposed conditions, one copy of GIS Soils Map, one
copy of USGS Map, and one vicinity map for the proposed project site. I met with Amanda Jones
on 12-11-02 to look over the application and determine what the appropriate Nationwide Permit
is that would apply to this project. She indicated that the Nationwide #43 is appropriate.
We are proposing an elderly retirement residence facility on an 11.05 ac. parcel of land in Cary,
N.C. On this parcel are two ponds with the lower and larger pond being delineated as wetlands
by a local environmental consulting group. The lower pond has 0.784 acres of normal pool
surface area and receives runoff from 9.13 acres of land.
We propose to convert the lower pond to a water quality best management "wet pond" practice
according to the N.C.D.E.N.R. design guidelines. This will involve increasing the back slope
from it's current 2:1 slope to a 3:1 slope and this results in the dam shifting horizontally and
towards the pond approximately 19 11 As a result the pond will become smaller in surface area
and the volume will remain about the same since we will be removing debris and some sediment
from the bottom of the pond. The existing pond dam is currently overgrown with large trees and
is in need of repair.
Following are the supporting assumptions and calculations for the proposed "Wet Pond" BMP
and the level spreaders: ,
Wet Pond design and calculations
The pond has been redesigned to fulfill most the design requirements of the State BMP guidelines
for Wet Ponds. Following are calculations and explanations of how the redesigned pond meets
these objectives.
Total Drainage Area to Pond = 9.13 acres (0.62 acres from off-site included).
Total Drainage Area By-passing Pond =1.92 acres (Mostly wooded or Managed Open Space)
Total Impervious Area to Pond = 2.65 acres (29.0%)
Required SA/DA Ratio for a 3.0' Average Depth Pond and 29% Imperviousness = 1.34
Required Surface Area of Pond = 9.13 acres x 1.34 / 100 = 0.122 acres
Depth of Runoff = 0.05 + 0.009 x 29 = 0.311 in/in
Required Water Quality Volume = 0.311 in/in x 9.13 ac. x 10,307 c.f.
Aquatic Shelf at Pond Dam that extends to 2' below normal pool. 6:1 max. slope.
Length to Width of 3:1 required.
3:1 Rear Slope at Dam Max.
An emergency Drain capable of emptying the pond in no more than 24 hours is required.

Forebay normally required, but omitted in this case.
Proposed Pond will have a surface area of 31,489 s.f. (0.723 ac.) at elev. 412.8.
The proposed average depth is 3.66 ft based on a design volume of 115,263 c.f. between the
elevations of 407.0 and 412.8. The pond bottom is actually at elevation 406.8'. The design depth
exceeds the required depth of 3.0'.
The 1" storm brings the pond water elevation from the normal pool elevation of 412.8' to 413.1'.
A 2" diameter orifice has been selected to slowly release the water quality volume in no less than
48 hours. The orifice is barely inundated by the design volume and as a conservative calculation
the outflow from the 2" orifice is estimated to be that when the orifice is just inundated. The
driving head on the 2" orifice is just 1" for the calculation: Q = 0.6 x 0.0218 s.f. x (2 x 32.2
ft/s^2 x 0.0833')'`1/2 = 0.03 cfs. Time to draw down = 10,307 c.f. / 0.03 cfs / 60 sec / 60 min =
95 hours or 3.95 days.
The pond will have an aquatic shelf at the pond dam only that extends to 2' below the normal
pool at no greater slope than 6:1. The pond dam will be reconstructed to have a 3:1 rear slope.
The length to width ratio is achieved since the proposed pond is 5.93 times greater in overall
surface area. Stokes law governs the required length to width ratio of 3:1 and the "design pond"
is satisfied within the geometry of the proposed pond.
An 8" bottom drain is proposed. The pond volume at normal pool is 115,263 c.f. The required
average discharge is 1.33 cfs. The head on an 8" orifice required to pass 1.33 cfs is 0.63'. This
conservative calculation clearly demonstrates that the pond will drain in less than 24 hrs.
A forebay has not been proposed since the pond is so oversized and there are no direct discharges
to the pond. The wooded buffer will serve as a filter before the runoff reaches the pond.
Aquatic vegetation is proposed to be introduced naturally due to the existing stands of aquatic
vegetation associated with the proposed pond and the small pond that is adjacent to the proposed
pond. The existing vegetation should be able to re-establish itself naturally into the disturbed
areas of the proposed pond.
All impervious areas have been accounted for and no increase in impervious areas is anticipated
in the contributing 9.13 acres of drainage area.
The Iyr-24 hr peak attenuation is achieved. The pre-development peak runoff rate from the entire
site is 5.36 cfs (assuming the pond is full and all inflow is equal to outflow). The post-
development peak runoff from the pond is 0.68 cfs (this includes the 0.61 acre of off-site
contribution that is routed to the pond). 2.54 acres of onsite area bypasses the pond composed of
approximately half woods and half managed open space with 0.10 acre of impervious area
draining to Penny Rd. along the proposed driveway. A simple conservative rational calculation
of the bypass area follows: DA= 2.54, Rat C= 0.30, Tc=5 min, I-lyr=3.6 in/hr. Qlyr(bypass)=
0.30x 3.6 in/hr x 2.54 acres = 2.74 cfs. This bypass peak flow combined with the pond peak
flow is 2.74 cfs -+- 0.68 cfs= 3.4 cfs. This is much less than the pre-development Iyr-peak flow of
5.36 cfs.
v t
Level spreader design and calculations
There are two level speaders. The easternmost one receives a 10yr flow of 9.6 cfs. The
westernmost receives a l0yr flow of 9.0 cfs. The small channel draining to the upper small pond
receives a l0yr flow of 1.9 cfs. This channel is designed at 1.0% and is not proposed to have an
end treatment due to the small peak flow. The easternmost level spreader is a two tiered timber
level spreader with a combined length of 292 I.E. The westernmost level spreader is also a two
tiered timber level spreader with a combined length of 256 IS. The length to cfs ratio is
approximately 30 for each of the two main discharge points. The level spreaders are proposed to
have a series of 1.5" holes drilled at 2' o.c. at natural ground elevation.
We look forward to gaining feedback and final approval from your office and NCDWQ regarding
this project. Please feel free to contact my office at 806-5082 regarding this matter.
Since ly,
eth B. Wrenn, P. .
Quality Engineering, P.A.
Durham, N.C. 27713
P -919-806-5082
F 919-806-5082
[e-mail]
cc. Todd St-John, NCDWQ
t t
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
rVi
Section 404 Permit
Section 10 Permit
401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 43
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? `!L t 9
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ? tA / k
11. Applicant Information
1. Owner/Applicant Information
Name: Colson & Colson Construction Comnanv.. et al.
Mailing Address: 2250 McGilchrist Street S.E.
Salem, Oregon, 97306
Telephone Number: 503-370-7070 Fax Number: 503-375-7644
E-mail Address: [e-mail]
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: t /A:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 3 of 13

111. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Penny Rd. Retirement
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0761-06-6098
4. Location
County: Wake Nearest Town:_ Cary
Subdivision name (include phase/lot number): N.A.
Directions to site (include road numbers, landmarks, etc.): South on U.S. #1 through Cary,
then south on Regency Parkway to Penny Rd., then west on Penny Rd. Property is located
adjacent to and west of the Penny Rd. Elementary School.
5. Site coordinates, if available (UTM or Lat/Long): UTM 17 699399E 3954693N
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application: The
property is mostly wooded with a single family residence and 2 small manmade ponds
7. Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake): Swift Creek
9. River Basin: Neuse River
Page 4 of 13

(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt):/rh2o.mr.state.nc.us/sdminln, Yaks,'.)
10. Describe the purpose of the proposed work: The proposed work involves modifying the
existing lower pond and earthen dam to serve as a wet pond BMP for the runoff generated
from a proposed retirement residential apartment building and associated parking- The pond
will serve to reduce the TSS, nitrogen, and peak flow from the lyr-24hr storm. The pond
edges will not be disturbed except for where the dam rework is to take place
11. List the type of equipment to be used to construct the project: Trackhoes and bulldozers
and sheepsfoot roller compactor
12. Describe the land use in the vicinity of this project: Residential single family is present to
the east and south An elementary school is present to the west Open space is present to
the north.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Wetlands have been delineated by private consultant (ECS of Durham)
Riparian Buffer Determination by NCDWQ (Debra Edwards was field representative)
V. Future Project Plans
Are any additional permit requests anticipated for this project in the fixture? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: N/A.
VI. Proposed Impacts to Waters of the United States/Waters of the State
Page 5 of 13
1
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation, forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online atfetna.k)
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 1.08
Total area of wetland impact proposed: 0
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Int act Perennial or
Intermittent?
specify)
N/A.

Page 6 of 13

k List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
'vEr,,vw-usss.gLv. Several internet sites also allow direct download and printing of USGS maps (e.g., ???s z°.to1?c?zc?ne.cans,
",, w.nialxuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: /'0'
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name Waterbody
(if applicable) Type of Waterbody
(take, pond, estuary, sound,
bay, ocean, etc.)
W-1 Fill for Dam 0.17 N.A. Pond

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: tilt, excavation, dreagmg,
flooding, drainage, bulkheads, etc.
4. Pond Creation (RECONSTRUCTION OF DAM)
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands n stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Rework of existing earthen dam and construction of
spillway with riser and barrel with bottom drain and valve.
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):_ Local stormwater requirements
Size of watershed draining to pond: 9.13 acres Expected pond surface area: 0.72 acres
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Page 7 of 13

The existing pond earthen dam is in need of repair because it is currently overgrown with
trees and has a steep rear slope of 2.1 and has no conventional spillway. We decided that the
pond dam should be reworked to ensure there would be no problems with it in the future and to
provide a spillway system that would allow the safe conveyance of the increased runoff. The
reworking of the dam and Villway goes a long way towards satisfying the design criteria and
expense of implementing a wet pond BMP for the site. We are preserving a large wooded buffer
around the ponds that is no less than 100' at any place. The required Riparian Buffer is 50'.
The resulting decrease in pond surface area is only 2,673 s.f or 0.061 acres. We are proposing
to minimize the impact to the pond. by not disturbing the pond edges since they are already acting
as aquatic shelves due to the shallow nature of the ponds edge Level spreaders are being
proposed to provide diffuse flow into the zones l and 2 of the riparian buffer.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for *projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. 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
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http _',lh" o. enr, state. nc_us/ncsv-etlandsr'strnigide.litnil .
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
Page 8 of 13

of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separat sheet if more space is needed.
_I
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NC WRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http:h%2o.eur.state. nc.usA ra'i1idex.ht1ii. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
if yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: if you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ? ?4/ A
Page 9 of 13
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ? M / A
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neese), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify }?
Yes PO No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplies Required
Mitigation
1 17,743 3
2 2,869 1.5
Total 20,612
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration J Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The existina 11.05 acre nronertv currently has one single family residence and a gravel driveway and
several outbuildings. The existing imperviousness is 0.29 acres or 2.61/o. The proposed impervious area
Page 10 of 13

is 2.65 acres or 24%. The proposed stormwater generated from the proposed improvements is divided
approximately in half and each discharge point is capture by a two tiered timber check dam before the 50'
riparian buffer. The existing pond dam is being reconstructed with an outlet device that will convert the
pond to a wet pond BMP. The pond is roughly 5 times larger than the minimum design criteria for wet
ponds, so no forebay is being proposed and the pond will not be disturbed except for the dam
reconstruction area. An aquatic shelf is being _proposed along the new reconstructed dam to enhance
aquatic life and provide a measure of safety for people walking along the tail on the dam top. The Iyr
storm is being reduced to pre-development levels and the 2yr and I Oyr storms are being attenuated to pre-
development levels as well. This was easily accomplished due to the large size of the pond relative to the
contributing drainage area. An additional 50' buffer is applied to the 50' riparian buffer (total of 100'
riparian buffer) required by the state to meet the Town of Cary stormwater regulations.
XU. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastevater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes E] No
Is this an after-the-fact permit application?
rl-x
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
. , , _,
Applicant/Agents Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 1 I of 13
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9"e <(X
QUALITY ENGINEERING, P.A.
FAX Cover Sheet
Date: 12/2012002
To: NCDWQ 7-33 Attn: Todd St-John
# Pages: 2 (including this sheet)
Project: Cary, N.C. Retirement Facilty
Penny Rd.
Comments:
Todd, thanks for helping expedite the review and approval. I owe you one,
Find attached a revised copy of the east level speader?ystem per our conversation. _
I added a 3rd timber level speader to the east system. Let me know if there is any additional in#o
you need. Thanks again and have a nice holiday.
r
Copies To:
From: Kenneth B.Wrenn, P.E.
Kenneth B. Wrenn, P.E. office: 1910 Sedwick Rd_, Suite 200-C, RTR North Carotin$
phone: [phone] or 919.451-0719
fax: [phone]
email: kwrennOD-gualityena.com
T'd coos 908 6T6 •3•d 'uuaJM uOM dOS=zT ad, OZ 09a
`O?0F W A T`c9pG
rte'
-<=s-;moo
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality

December 30, 2002
Catawba County
DWQ Project #: 02-1920
APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
Bob W. Bush
70025 th Avenue NW
Hickory, NC 28601
Dear Mr. Bush:
You have our approval, in accordance with the attached conditions, to impact 0.01 acres of
shoreline/waters for the purpose of shoreline stabilization at Lots 20 and 21, 700 25th Avenue, NW on
Lake Hickory as you described in your application dated November 16, 2002. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number
3373, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification
allows. you to use General Permit Number 198200030 when the Corps of Engineers issues it. In
addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and
Water Supply Watershed regulations. This approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application
except as modified below. If you change your project, you must notify us and you may be required to
send us a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this
approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Stormwater shall be directed to flow at non-erosive velocities across the entire protected stream
buffers;
2. No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within
the construction access corridor. If trees are removed, at least two species of native forested
.vegetation shall be re-established within the construction access or other temporary impact area
occurring in the protected buffer zone within the next growing season following construction
of the project;
3. This project is for the installation of a wooden seawall to prevent further erosion of the
property due to wave action. The use of mechanical equipment on the beach must be
minimized;
4. Equipment and materials may be offloaded to the beach at the bulkhead site, but steps must be
taken to keep all equipment out of the reservoir;
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http:/lh2o.enr.state.nc.us/ncwetiands
5. Any disturbance within 50 feet of the shoreline must be done in compliance with the Catawba
River buffer rules;
6. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the 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.
If you do not accept any of the conditions of this certification, you may ask for an 4djudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send
a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Domey at 919-733-1786 of Alan Johnson
at our Mooresville Regional Office at 704-663-1699.
Sincerely,
r . UKI i rn e?, P. tE.
JRD/bs
Attachments
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Sue Harmon, Permits, ETC.