20061900 Ver 1_Approval Letter_20070319

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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
March 19, 2007
DWQ EXP No. 06-1900
Wake County
Pearl Creek Partners
Attn: Mr. William Hardin
5201 William & Mary Drive
Raleigh, NC 27614
Subject Property: Pearl Creek Subdivision
UT to Big Branch [030402, 27-34-11, C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Hardin:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 17,180 square feet (ft2) of Zone 1 of the protected riparian buffers, 9,108
square feet (ftz) of Zone 2 of the protected riparian buffers, 3101inear feet of stream, and 0.124 acres of
wetland for the purpose of constructing the residential subdivision, as described within your Pre-
construction Notification Application dated December 21, 2006 and additional information received on
January 3, 2007 and January 10, 2007. The impacts are covered by General Water Quality Certification
Number(s). 3625 (GC3625) and 3631 (GC3631). The Certification(s) allow you to use Nationwide
Permit(s) NW12 and NW39 when issued by the US Army Corps of Engineers (USAGE). 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, and Non-discharge
regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to
waters as depicted in your application shall expire upon expiration of the 404 Permit. This
Certification replaces the one issued to you on January 12, 2007.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you maybe 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 1501inear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
Water Quality Certifications (GC 3625 and GC3631) and any additional conditions listed below.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http._r h?o:et~r_statc..nc.,us;nciy_etlands
Nose Carolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Pearl Creek Partners
Page 2 of 5
March 19, 2007
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification are met. No other impacts are approved including incidental
impacts:
Im act Tye Amount Units) Reference
404 Wetland 0.124 (acres) PCN a e 4 of 10
Stream (perm) 289 (linear feet) PCN page 4 of 10
Stream (temp) 21 (linear feet) PCN page 4 of 10
Buffers Zone 1 17,180 SF) PCN a e 8 & 9 of 10
Buffers Zone 2 9,108 (SF) PCN page 8 & 9 of 10
2. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Stream Restoration Fund administered by the
NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the
EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have 60 days from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into. the Stream
Restoration Fund to meet the following compensatory mitigation requirement:.
Compensatory Mitigation
Re uired River and Sub-basin Number
Stream 289 feet 03020201
No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.

Pearl Creek Partners
Page 3 of 5
March 19, 2007
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
5. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within two (2) months of the date
that the Division of Land Resources has released the project.
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 2B .0233 and GC 3402.
7. Diffuse Flow Measures Approved
The diffuse flow measures (level spreader designs submitted on December 27, 2006) must be
implemented and the stormwater management facilities shall be constructed and operational
before any permanent building is occupied at the subject site. The structural stormwater practices
as approved by this Office as well as drainage patterns must be maintained in perpetuity. No
changes to the structural stormwater practices shall be made without written authorization from
the Division of Water Quality.
8. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and riparian buffers in order to assure compliance for future wetland, water and riparian
buffer impact. These mechanisms shall be put in place prior to impacting any wetlands,
waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate.
Impervious Surface Threshold Under GC 3631 and Deed Restrictions -The PCN Application
denotes an impervious surface area of 29.69% for the single-family development plans. You shall
be required to denote on each subdivision plat the following notation: "IMPERVIOUS AREA
FOR ALL RESIDENTIAL LOTS APPROVED FOR DEVELOPMENT IN PEARL CREEK
SUBDIVISION SHALL NOT EXCEED 1,182,500 SQUARE FEET (27.15 ACRES) IN THE
AGGREGATE OR 2,500 SQUARE FEET PER LOT."
The impervious area of Pearl Creek Subdivision streets, sidewalks, recreation building, parking,
sports court, and pool area should not exceed 18.907 acres.. This restriction contained herein shall
be binding upon the owner's successors and assigns, and shall be perpetual and run with the land
until released or amended by a release or amendment approved by the North Carolina Division of
Water Quality.
These documents shall be filed with the Register of Deeds, Wake County, North Carolina. Pearl
Creek Partners, LLC shall submit copies of these documents to the Division of Water Quality
before any impacts to protected riparian buffers, wetlands, or waters shall occur.
DWQ would like to remind you that if a compliance inspection reveals an impervious surface
area of 30% or greater, then Pearl Creek Partners, LLC will be in violation of this Condition and
required to comply with the requirements of Condition 4 in GC 3631

Pearl Creek Partners
Page 4 of 5
March 19, 2007
9. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO 10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at htt~~: //h2o. enr. state. nc.. ais%su/Forms Documents. htrn.
10. Written Stormwater Management Plan
The final, written stormwater management plans (including the signed and notarized Operation
and Maintenance Agreements) dated January 2, 2007, must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building is
occupied at the subject site. The structural stormwater practices as approved by this Office as well
as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater
practices shall be made without written authorization from the Division of Water Quality.
11. Certificate of Completion
Upon completion of all work approved within the 40.1 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 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
12. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing
at the letterhead address within ten (10) days of the commencement of construction.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
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 Lia Myott or Cynthia Van Der Wiele at 919-733-1786.

i t;reex rarmers
Page 5 of 5
March 19, 2007
AWK/cvdw/lem
Enclosures: GC 3625
GC 3 631
Certificate of Completion
EEP transmittal form
Sincerely, /A`/j'~/p
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Alan W. Klimek, P.E.
cc: USACE Raleigh Regulatory Field Office
Mike Horan, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
Suzanne Klimek, EEP
File Copy
Central Files
Debbie Edwards, S&EC, 11010 Raven Ridge Road, Suite 120, Raleigh, NC 27614
061900PearlCreek(Wake)EXP401REY

Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
County:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 OversightBxpress Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 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.
Signature:
Agent's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Date:
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date

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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
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. William Hardin and Pearl Creek Partners have permission as
outlined below to impact 0.124 acres of wetlands, 3101inear feet of streams (289 feet permanent, 21 feet
temporary), 17,180 square feet of Zone 1 riparian buffers and 9,108 square feet of Zone 2 of riparian buffers
for the purpose(s) of constructing the proposed Pearl Creek Subdivision in Wake County. All activities
associated with these authorized impacts must be conducted with the conditions listed in the attached Permit
transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 2006-1900
LOCATION: Pearl Creek Subdivision
COUNTY Wake
BASIN/ SUB BASIN 03020201
As required by 15A NCAC 2H.0500, and the conditions of this Certification and Neuse Buffer Authorization, you
are required to compensate for the above mitigable impacts through the restoration, creation, enhancement or
preservation of wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities
that impact or degrade the waters of the state.,
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the neazest
foot according to 15 2R.0503(b).
Im acts Miti ation
0.049 Acres of ri arian wetland N/A Acres of ri arian wetland
0.075 Acres of non- ri arian wetlands N/A Acres of non- ri arian wetlands

310 Linear feet of Stream (289 feet permanent,
21 feet tem orary 289 Linear feet of Stream
17,180 S uare feet of Zone 1 ri arian buffers N/A S uare feet of Zone 1 ri arian buffers
9,108 S uare feet of Zone 2 ri arian buffers N/A S uare feet of Zone 2 ri arian buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address 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 ECOSYTEM ENHANCMENT
PROGRAM. In correspondence dated December 19, 2006, the EEP indicated that up to 578 linear feet of stream
mitigation credits, 0.098 acre of riparian wetland mitigation credits, and 0.15 acre of non-riparian wetland
mitigation credits would be allowed in order to meet the conditions of the 401 Water Quality Certification and 404
Permit. Note that the 401 Water Quality Certification requires 289 linear feet of credits for stream mitigation, but
wetland and/or buffer mitigation are not required.
Signature
Date
N~o e~Carolina
401 Oversight/Express Review Permitting Unit ~ -'uturat/r/l~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 061900PearlCreek(W ake)EEP

WQC #3631
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES),
29 (RESIDENTIAL DEVELOPMENT), 39 (COMMERCIAL AND INSTITUTIONAL
DEVELOPMENTS), 41 (RESHAPING EXISTING DRAINAGE DITCHES), 42 (RECREATIONAL
FACILITIES), 43 (STORMWATER MANAGEMENT FACILITIES}, 44 (MINING ACTIVITIES), AND
46 (DISCHARGES IN DITCHES)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for
the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not
a part of the surface tributary system to interstate waters or navigable waters of the United States
(i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of
the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area
Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality
Certification Numbers 3106 and 3108 issued on February 11, 1997, and Water Quality
Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362
issued March 18, 2002 and WQC Number 3402 issued March 18, 2002. This WQC is rescinded
when the Corps of Engineers re-authorizes any of these Nationwide Permits or when deemed
appropriate. by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
• 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 which 404 Nationwide Permits are used. Stream relocations and
stream bed and/or bank hardening are considered to be permanent stream impacts.
Any activity that results in a Toss of use of stream functions including but not limited to
filling, relocating, flooding, excavation, 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 requirements. Any filling,
excavation, relocation or other modification of the existing stream (other than
flooding} must re-establish the same dimensions, patterns and profiles of the existing
channel (or those of a stable reference reach if the existing channel is unstable) to
the maximum extent practical.
• 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 loss of use of wetland functions
including but not limited to filling, excavating, draining, and flooding shall be
considered wetland impacts. Enumeration of impacts to wetlands shall include
activities that change the hydrology of a wetland when a 404 Permit is used
anywhere in a project.

WQC #3631
• Lakes and Ponds -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.
Application Thresholds -Stream, wetland and water impacts that exceed any of the
thresholds below require a complete application and written concurrence to use this
Certification:
• Total stream impacts of greater or equal to 150 cumulative feet of stream length for
the entire project require written notification to and approval by the Division of Water
Quality, and/or
• Impacts to waters of equal to or greater than 1/3 of an acre require written notification
to and approval by the Division of Water Quality, and/or
• Wetland impacts of greater or equal to 1/3 of an acre east of I-95 and 1/10 of an acre
west of I-95 require written notification to and approval by the Division of Water
Quality except as specified below. Any impacts to wetlands adjacent to waters
designated as ORW, SA, WS-I, WS-II or Trout or are designated as a North Carolina
or National Wild and Scenic River and wetlands classified as SWL and/or UWL as
well as wetlands described in 15A NCAC 2H .0506 (e) require a complete application
and written concurrence from the Division of Water Quality to use this Certification.
These thresholds apply for the entire project regardless of the number of Nationwide
Permits applicable to the Certification that are issued by the USACE for the project;
• Written notification to DWQ is required for all applications that propose to use
Nationwide Permit 18. This notification requirement will be satisfied by providing two
(2) copies of the PCN form to DWQ at the same time that the PCN form is sent to the
US Army Corps of Engineers. A formal application and fee is not required unless
DWQ decides that an Individual Certification will be required for the project. In this
case, the applicant will be notified in writing from DWQ within 30 days of the receipt
of the written notification.
• Proposed fill or substantial modification of any amount of wetlands classified in
accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands (UWL) shall require
written concurrence from the Division of Water Quality;
Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or
any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence for this Certification from DWQ in
accordance with 15A NCAC 26.0200. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification. New development activities
located in the protected 50-foot wide riparian areas {whether jurisdictional wetlands or not)
within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within
and constructed in accordance with 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;
3. Irrespective of other application thresholds in this General Certification, all impacts to
perennial waters and their associated buffers require written approval from DWQ since
such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-I), 2B .0213 (WS-II),
2B .0214 (WS-III) and 26 .0215 (WS-IV). Only water dependent activities, public projects
and structures with diminimus increases in impervious surfaces will be allowed as outlined
in those rules. All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the 401 Water Quality
Certification can be processed. In addition, a 30 foot wide vegetative buffer for low
density development or a 100 foot wide vegetative buffer for high density development

WQC #3631
must be maintained adjacent to all perennial waters except for allowances as provided
under the Water Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most recent
USGS 1:24,000 topographic map or as otherwise determined by local government
studies;
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 asite-specific stormwater management plan is
required.
For streams classified as Water Supply, High Quality Waters and Outstanding Resource
Waters, post-construction, on-site stormwater management shall be required as
appropriate and as outlined in 15A NCAC 2B .0104(m) and 2H .1000 to .1007,
respectively, in addition to that required in this General Certification.
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 Condition 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.
• 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.
• The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
• Also, before any permanent building or other structure is occupied at the subject site,
the facilities (as approved by the Wetlands Unit) shall be constructed and operational,
and the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented.
• The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
• No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but
also intermittent stream impacts that require application to DWQ in watersheds classified
as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;
6. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application fora 401 Water Quality Certification must include the appropriate fee. If a

WQC #3631
project also requires a CAMA Permit, one payment to both agencies shall be submitted
and will be the higher of the two fees;
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 an entire project. For linear public transportation projects, impacts equal to
orexceeding 150 feet per stream may require mitigation. In addition, buffer mitigation
may be required for any project with Riparian Area Protection Rules (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 the Buffer Rules or require
a variance under the Buffer Rules. A determination of buffer, wetland and stream
mitigation requirements shall be made for any Certification for this Nationwide Permit.
The most current design and monitoring protocols from DWQ shall be followed and written
plans submitted for DWQ approval 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
travelling public. 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;
For any project involving re-alignment of streams, a stream relocation plan must be
included with the 401 application for written DWQ approval. Relocated stream designs
should include the same dimensions, patterns and profiles as the existing channel (or a
stable reference reach if the existing channel is unstable), 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, rip-rap, A-Jacks, concrete, gabions or other
hard structures 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 rip-rap coverage requested. If suitable stream mitigation is not
practical on-site, then stream impact will need to be mitigated elsewhere. Please note
that if a stream relocation is conducted as a stream restoration as defined in The (nterna!
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;
9. Placement of culverts and other structures in waters, streams, and wetlands must be
placed 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 structures including temporary erosion control measures shall not be conducted in a
manner that may result in aggradation, degradation or significant changes in hydrology of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested to do so in 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 constriction of the floodway that may result in
aggradation, degradation or significant changes in hydrology of streams or wetlands;

WQC #3631
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 governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
11. All sediment and erosion control measures placed in wetlands and waters shalt 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 building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
Certifications. The applicant is required to provide evidence that the lots are buildable
without requiring additional impacts to wetlands, waters or buffers if required to do so in
writing by DWQ. For road construction purposes, this Certification shall only be utilized
from natural high ground to natural high ground;
16. Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These
mechanisms shall be put in place within 30 days of the date of issuance of the 401
Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed
notification format can be downloaded from the 401NVetlands Unit web site at
httg://h2o.enr.state.nc.uslncwetlands . DWQ shall be sent copies of all deed restrictions
applied to these lots;
17. 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;
18. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 18, 39, 41, 42, 43 or 44,
whichever is sooner.

WQC #3631
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Certification for any project in this category of activity that
requires written concurrence under this certification, if it is determined that the project is likely to
have a significant adverse effect upon water quality or degrade the waters so that existing uses of
the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
By
~-
Alan W. Klimek, P.E.
Director
WQC # 3631

WQC #3625
UTILITY LINE BACKFILL AND BEDDING CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 12 OR
REGIONAL PERMIT 198100049 (UTILITY LINE BACKFILL AND BEDDING)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 26 .0200 for
the discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A
(B) (12) and General Permit No. 198100049 of the Corps of Engineers regulations (i.e., including
any fill activity for utility line backfill and bedding) and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This certification replaces Water Quality Certification
(WQC) Number 2664 issued on January 21, 1992, Water Quality Certification Number 3022
issued on September 6, 1995, Water Quality Certification (WQC) Number 3101 issued on
February 11, 1997 and Water Quality Certification Number 3288 issued on June 1, 2000 and
WQC Number 3374 issued March 18, 2002. This WQC is rescinded when the Corps of
Engineers reauthorize Nationwide 12 or Regional Permit 198100049 or when deemed
appropriate by the Director of the Division of Water Quality.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
Activities covered by this General Certification do not require written concurrence from the
Division of Water Quality as long as they comply with all conditions of this General
Certification and the conditions of Nationwide 12 or Regional Permit 198100049 as
appropriate. If any condition in this Certification cannot be met, application to and written
concurrence from DWQ are required. Also, Condition No. 6 is applicable to all streams in
basins with riparian area protection rules;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request
for written concurrence fora 401 Water Quality Certification must include the appropriate
fee. If a project also requires a CAMA Permit, one payment to both agencies shall be
submitted and will be the higher of the two fees;
In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
stream and/or wetland impacts. Streamside 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
the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made by DWQ for any Certification
involving written concurrences including those for relevant Buffer Rules;
4. The edge of the construction corridor shall not be installed parallel to and closer than 10
feet (3 meters) to a stream and 25 feet in waters classified as HQW. Utility lines shall not
cross a stream channel at other than anear-perpendicular direction (i.e., stream channel
crossings shall not be at an angle of less than 75 degrees or more than 105 degrees to
the stream bank);
5. Any wastewater line that crosses any stream shown on the most recent version of the
1:24,000 USGS topographic map or NRCS (SCS) County Soil Survey as permanent or
intermittent shall be installed either a) with no joints connected within the footprint of a

WQC #3625
stream channel or within 2 feet of the stream banks in the case of plastic or PVC pipes or
b) with properly bedded and supported ductile iron. Otherwise, written concurrence from
DWQ is required;
6. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River
Basins (or any other river basins with Buffer Rules in effect at the time of application)
requires written concurrence from DWQ in accordance with 15A NCAC 26.0233, .0259,
.0250 and .0243. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification. New development activities located in the
protected 50-foot wide riparian areas (whetherjurisdictional wetlands or not) within the
Neuse, Tar-Pamlico and Randleman River Basins shall be limited to "uses" identified
within and constructed in accordance with 15A NCAC 26 .0233, .0259, .0250 and .0243.
All new development shall be located, designed, constructed, and maintained to have
minimal disturbance to protect water quality to the maximum extent practicable through
the use of best management practices;
7. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
8. Herbicides can be applied in wetlands or other waters only when applied by a certified
applicator, and in strict accordance with product labeling;
9. Placement of rip rap is restricted to the stream bottom and banks directly impacted by the
placement of the utility line. Rip rap may only be used below the normal high water level.
The stream berm must be restored to the original contour after construction. Placement
of rip rap or other materials shall not result in de-stabilization of the stream bed or banks
upstream of downstream of the crossing;
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 Surtace 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 governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
11. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored within two months after the Division of Land
Resources has released the project;
12. Annual native species suitable for wet locations shall be planted and established within
jurisdictional wetlands for soil and erosion control. Perennials such as fescue are
prohibited;
13. No fertilizer shall be applied within 10 feet (3 meters) of streams. Any fertilizer application
must comply with all other Federal, State and Local regulations;
14. The construction corridor (including access roads and stockpiling of materials) is limited to
40 feet (12.2 meters) in width in wetlands and across stream channels and must be
minimized to the maximum extent practicable;
15. Permanent, maintained access corridors shall be restricted to the minimum width
practicable and shall not exceed 10 feet (3 meters) in width except at manhole locations.
A 10 feet (3 meters) by 10 feet (3 meters) perpendicular vehicle turnaround must be

WQC #3625
spaced at least 500 feet (152.4 meters) apart. Written concurrence is required if the
maintenance corridor is greater than 10 feet (3 meters) wide except that a maintenance
corridor larger than ten feet is acceptable for gas pipelines as long as mitigation is
provided for additional wetland fills to the maintenance corridor beyond those widths
specified in this General Certification;
16. An anti-seep collar shall be placed at the downstream (utility line gradient) wetland
boundary and every 150 feet (45.7 meters) up the gradient until the utility exits the
wetland for buried utility lines. Anti-seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are
directionally drilled, and perpendicular wetland crossings that are open cut and less than
150 feet (45.7 meters) long do not require anti-seep collars. The compacted clay shall
have a specific discharge of 1 X 10- 5 cm/sec or less. A section and plan view diagram is
attached for the anti-seep collars;
The following specifications shall apply to class B concrete:
a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0
b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
c) Maximum water-cement ratio gallons per sack 6.8
d) Slump range 2" to 4"
e) Minimum strength - 28 day psi 2,500
17. This General Certification does not authorize any permanent changes in pre-construction
elevation contours in waters or wetlands or stream dimension, pattern or profile. The
permittee will have a specific plan for restoring wetland contours. Any excess material
will be removed to a high ground disposal area;
18. 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;
19. Stormwater management will not be required for this Certification as long as all other
Conditions are met. However, in the twenty coastal counties, the appropriate DWQ
Regional Office must be contacted to determine if Coastal Stormwater Regulations still
apply;
20. Compensatory mitigation (i.e., restoration, creation or preservation) for wetland losses will
not be required for this Certification if written concurrence is not needed;
21. Payment of a dollar per acre figure into the Wetland Restoration Program for these
impacts is acceptable when compensatory mitigation is required as long as the Wetlands
Restoration Program agrees in writing to accept this payment. Other mitigation plans
must receive written DWQ concurrence;
22. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State or local approvals;
23. Additional site-specific conditions may be added to projects for which written concurrence
is required or requested under this Certification in order to ensure compliance with all
applicable water quality and effluent standards;
24. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 12 or Regional Permit 198100049
whichever is sooner;

WQC #3625
25. 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.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
By
~~~
Alan W. Klimek, P.E.
Director
WQC # 3625