20061334 Ver 2_401 Application_20070407

KCI
TECHNOLOGIES
Transmittal Letter
ENGINEERS • SURVEYORS • SCIENTISTS • CONSTRUCTION MANAGERS
LANDMARK CENTER II, SUITE 220 ~ 4601 SIX FORKS ROAD ~ RALEIGH, NC 27609 ~ 919-783-9214 1 (FAX) 919-783-9266
F-K-p o l~ - ! 3 3~} Y Z
Date: Apri14, 2007 PAYMENT
RECEIVED
Company: North Carolina Division of Water Project: Harrell Stream Restoration
Quality
Contact: Cynthia Van Der Wiele Subject: 401 Permit Application
^ In accordance with your request ^ For your use/files
^ For your review ^ Please call when ready
® For processing ^ Please return to this office
^ Plans reviewed and accepted ^ Approval requested
^ Plans reviewed and accepted as noted ^ Conference requested
^ For revision by you at your convenience
Comments: We have made the changes to the stream plans per our discussion at the pre-
application meeting on 3/30/2007. We created water quality treatment areas at the bottom
of the ditches (see Stream Plan Sheets 3-8). The areas are also described in the Restoration
Plan at the bottom of page 11. Please contact me if you have any more questions.
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•
•istin Knight
Environmental Scientist
KCI TECHNOLOGIES, INC. www.kci.com
Employee-Owned Since 1988

Office Use Only: Form Version March OS
USAGE Action ID No. DWQ No. ~k p Dte - 13 3~} Y 2
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N!A".)
i. Processing PAYMENT
RECEIVED
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification ® Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 2
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name: Kristin Knight, Environmental Scientist, KCI Technolo ies Inc.
Mailing Address: Landmark Center II Suite 220
4601 Six Forks Rd
Raleigh, NC 27609
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kknight(a~kci.com
2. Agent/Consultant 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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
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Page 5 of 12 ~~+ ~'' ~;"~ `~' ~.! 1'11(

7
III. Project Information
attach 'a vicinity•iri'apr 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:_ Harrell Stream Restoration Project
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 3882-98-0552
4. Location
County: Edgecombe Nearest Town: Battleboro
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): Travel toward Rocky
Mount on US 64 E. Take the US 301 Bypass exit and head north on US 301 for about 7.5
miles. Upon reaching Battleboro, turn right on E. Battleboro Avenue which becomes
Battleboro-Leggett Rd. Once on Battleboro-Legett you will drive past the first turn-off for
Morning Star Church Rd on the left, but continue to the second Morning Star Church Rd
turn-off on your left after about 5 miles from Battleboro (the road loops around). Go about 1
mile and turn right onto a dirt road (farm path) opposite Benson Farm Rd on the right The
stream restoration site will begin as the stream exits the culvert under Morning Star Church
Rd and comes onto the Harrell Property
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.021962 °N 77.690301 °W
6. Property size (acres): 22.0 acres (Conservation Easement)
7. Name of nearest receiving body of water: Swift Creek
8. River Basin: Tar-Pamlico
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 6 of 12

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The stream has been channelized since at least 1948 in order
to maximize agricultural use on the property. The entire site is cleared and under agricultural
production at this time. The land is farmed right up to the top of bank and there are no
vegetated riparian buffers. The project watershed is primaril~gricultural and there is low
development pressure in the area.
10. Describe the overall project in detail, including the type of equipment to be used: The
project will restore the appropriate dimension, pattern, and profile to 6,338 existin lg inear
feet of stream using a natural channel design approach. A bulldozer, front-end loader on
tracks, a dump truck and/or a track hoe will be used to restore the channel.
11. Explain the purpose of the proposed work: This project is part of a Full Delivery Project
(FDP) for the Ecosystem Enhancement Program (EEP). As a result of the stream restoration,
water quality will improve with the establishment of intact riparian buffers. Terrestrial and
aquatic habitat will be expanded and will connect to the forested corridor along Swift Creek.
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.LP. project, along with
construction schedules. Section 404 and 401 Water Quality permits were requested and obtained
for a wetland restoration project that impacted 0.24 acre of ditches to the northeast of the
proposed stream restoration project. The USACE Action ID for the permit is SAW-2006-40345-
233 with an application date of August 14, 2006 and an issuance date of August 16, 2006. The
DWQ Pr~ect Number is 06-1334 with an application date of August 16, 2006 and an issuance.
date of September 25, 2006.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No.
VI. Proposed Impacts to Waters of the United States/Waters of the State
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
Page 7 of 12

permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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. Provide a written description of the proposed impacts: This project will restore 6,338 linear
feet of existing stream on an unnamed tributary to Swift Creek.
2. Individually list wetland impacts. Types of 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.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
1 UT to Swift Creek Restoration Perennial 7.6 6,338 1.11

Total Stream Impact (by length and acreage) 6,338 1.11
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Page 8 of 12

Open Water Impact
Site Number

(indicate on map)
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,

ocean, etc.) Area of
Impact

(acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 1.11
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 1.11
Total Stream Impact (linear feet): 6,338
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
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 ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
VII. Impact Justification (Avoidance and Minimization)
Expected pond surface area:
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.
This nroiect will restore a channelized, incised stream to a stable stream system with a vegetated
r~arian buffer. The project stream presents an ideal opportunity to improve water quality and
create valuable terrestrial and aquatic habitat in the Coastal Plain.
Page 9 of 12

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.
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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 USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP 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://h2o. enr. state.nc. us/ncwetlands/strmgide.html.
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)
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 separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five 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 ofNon-riparian wetland mitigation requested (acres):
Page 10 of 12

Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. 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 aNEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
3. 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 ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse),15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", 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 Multiplier Required
(sauare feet) Mitieation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Page ll of 12

XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
XII. Sewage Disposal (required by DWQ)
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
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. 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).
This is a Full Delivery Proiect for NCEEP.
-- • ~
''-' f
Applicant/Agent's Sig>~ture r Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

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U.~. ARMY CORPS OF ENGINEh.~~S
WILMINGTON DISTRICT
Action ID. SAW-2006-40345-233 County: Edgecombe USGS Quad: Whitakers
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: KCI Technologies, Inc. attn: Steve Stokes
Address: Landmark Center II, Suite 220
4601 Six Forks Rd.
Raleigh, NC 27609
Telephone No.: 919 783-9214 x 187
Size and location of property (water body, road name/number, town, etc.): 22.3 acres of agricultural land draining to
Swift Creek, just east of the intersection of SR1415 (Morningstar Church) and SR 1414 (Benson Farm), six miles
northeast of Rocky Mount, NC.
Description of projects area and activity: Fill annroximately 0.24 acres (~3,4851inear feet by 3 foot wide) agricultural
drainage ditch bottoms to raise water table.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 27
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authoriation is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Jamie Shern at 919 876-8441 x 31.
Corps Regulatory Official
Expiration Date of Verification:
Date: 8/16/06
Page 1 of 1

\o~~F vv r-t r Fq pG
~ ~
~ ~
o ~
Michael F. Easley, Governor
William G. Ross Jr., Secretan'
North Carolina Department of Environment and Na[ural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
September 25, 2006
DWQ Project # 06-1334
Edgecombe County
KCI Technologies, Inc.
Landmark Center II, Suite 220
4601 Six Forks Road
Raleigh, NC 27609
Subject Property: Harrell Wetland Restoration Site
Swift Creek [030302, 28-78-(2.5), 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 Sir or Madam:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.24 acres of wetland to perform a wetland restoration at the site as described
within your application dated August 14, 2006, which was received by the N.C. Division of Water
Quality (DWQ) on August 17, 2006. After reviewing your application, we have decided that the impacts
are covered by General Water Quality Certification Number(s) 3495 (GC3495). The Certification(s)
allows you to use Nationwide Permit(s) NW27 when issued by the US Army Corps of Engineers
(USAGE). This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 2B .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, 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 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and 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). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Noi~thCarolina
Naturally
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper

KCI Technologies
Page 2 of 4
September 25, 2006
Amount A roved (Units) Reference
404/Wetland 0.24 (acres) PCN a e 8 of 12
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 1 SOB of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Eric Kulz in the DWQ Raleigh Regional Office at 919-791-4200.
Sincerely,
AWK/cbk/ijm
Enclosures: GC 3495
Certificate of Completion
cc: ,USAGE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
~t
~,~r~ ~"~
~ Alan W. Klimek, P.E.
Filename: 061334Han e11Wet1andRestorationSite(Edgecombe~l01

WQC #3495
STREAM RESTORATION, ENHANCEMENT AND STABILIZATION AND WETLAND AND
RIPARIAN RESTORATION AND CREATION ACTIVITIES CERTIFICATION
GENERAL CERTIFICATION FOR STREAM RESTORATION ENHANCEMENT AND
STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND
CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBERS 13 (BANK STABILIZATION) AND 27 (WETLAND AND
RIPARIAN RESTORATION AND CREATION) AND REGIONAL PERMIT 197800080
(CONSTRUCTION AND MAINTENANCE OF BULKHEADS)
This General Certification is issued in conformity with the requirements of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15A NCAC 2H .0500 and 15A NCAC 2B .0200 for the discharge of fill
material to waters as described in 33 CFR 330 Appendix A (B) (13) and (27) of the Corps of
Engineers regulations (i.e. Nationwide Permit Numbers 13 and 27) and Regional Permit
197800080. The category of activities shall include stream bank stabilization or stream
restoration activity as long as impacts to waters or significant wetlands are minimized. This
Certification replaces Water Quality Certification (WQC) Number 3399 issued March 2003. This
WQC is rescinded when the.. Corps of Engineers reauthorize Nationwide Permits 13 or 27 or
Regional Permit 197800080 or when deemed appropriate by the Director of the Division of Water
Quality (DWQ).--
The State of North Carolina~c'ertifies that he specified.category of activity will not violate
applicable portions. of Sections 301,-.302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions set forth.
Conditions of Certification:
1. Wetland and/or riparian area restoration and creation projects which are for
compensatory mitigation or compensatory mitigation credit (and not including
projects that only involve stream restoration or enhancement work described in
condition nos. 2 and 3 below) that are proposed under this General Certification
require written application to and approval from the Division of Water Quality. All
applications for written DWQ approval will be reviewed and a response will be
prepared within 30 days of stamped receipt of the application in the Division of
Water Quality's Central Office in Raleigh. This 30-day period does not include time
spent by the application or DWQ's response within US Postal Service or North
Carolina's Mail Service Center mail systems;
Wetland and riparian area restoration and creation projects (not including projects
that involve work in or impacts to streams) which are not for compensatory
mitigation or compensatory mitigation credit proposed under this Genera!
Certification do not require written application to and approval from the Division of
Water Quality. In these cases, the applicant is required to notify the Division in
writing with three copies of project specifications before the impact occurs. If the
Division determines that the project would not result in an ecologically viable wetland
and riparian area, then the Division shall prepare a response to notify the applicant
in writing within 30 days of DWQ's receipt of the notification. In such cases, the
applicant will be required to submit a formal application and pay of the appropriate
fee, and DWQ wil! be required to process the application through normal
procedures;
2. Proposed stream restoration projects (as defined and limited below), that do not
disturb wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit do not require written application to and approval

WQC #3495
from the Division of Water Quality, and, therefore, do not require payment of an
application fee to the Division of Water Quality. Projects that are intended for
compensatory mitigation or compensatory mitigation credit, that are intended to
resolve a violation, or that are in association with a development project shall require
an application, fee, and written concurrence from the Division of Water Quality.
Stream restoration is defined as the process of converting an unstable, altered or
degraded stream corridor, including adjacent riparian zone and floodprone areas to
its natural or referenced; stable conditions considering recent and future watershed
conditions. This biological and chemical integrity, including transport of water and
sediment is produced by the stream's watershed in order to achieve dynamic
equilibrium. The applicant is required to notify the Division in writing with three
copies of detailed restoration plans and specifications before the impact occurs. If
the Division determines that the project does not meet the above definition of stream
restoration, then the Division shall notify the applicant in writing within 30 days of
receipt of the application. In such cases, the applicant will be required to submit a
formal application and pay of the appropriate fee, and DWQ will be required to
process the application through normal procedures;
3. Stream enhancement projects (as defined and limited below), that do not disturb
wetlands and that are not being conducted for compensatory mitigation or
compensatory mitigation credit and do not include any stream channel relocation, do
not require written application to and approval from the Division of Water Quality,
and, therefore, do not require payment of an application fee to the Division of Water
Quality. Projects that are intended for compensatory mitigation or compensatory
mitigation credit, that are intended to resolve a violation, or that are in association
with a development project shall require. an application, fee, and written concurrence
from the Division of Water Quality.
4. Stream enhancement is defined as the process of implementing stream
rehabilitation practices in order to improve water quality and/or ecological function.
These practices must only be conducted on streams that are riot experiencing
severe aggradation or erosion. Stream enhancement does not include the relocation
of the stream channel. Stream enhancement bank stabilization techniques include
the use of woody vegetation as the primary means of long term stability, and "soft"
techniques such as root wads that encourage the establishment of dense woody
vegetation. Stream enhancement techniques do not typically include the use of
stream bank or bed hardening techniques such as rip-rap or other rock, gabion,
block or concrete structures. However, enhancement activities may also include the
placement of in stream habitat or grade control structures such as cross vanes, j-
hookvanes, and wing deflectors that do not affect the overall dimension, pattern, or
profile of a stable stream.
The applicant is required to notify the Division in writing with three copies of detailed
enhancement plans and specifications before the impact occurs if the stream
enhancement project disturbs greater than 500 feet of stream bank or if the project
proposes the use of in stream structures. If the Division determines that the project
does not meet the above definition of stream enhancement, then the Division shall
notify the applicant in writing with an explanation within 30 days of receipt of the
notification to require application and payment of the appropriate fee;
5. Stream stabilization projects that include the use of any structure or fill in the existing
stream bed or disturb greater that 500 feet of stream bank that are proposed under
this General Certification require written application to and approval from the
Division of Water Quality.
2

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

WQC #3495
13. Additional site-specific conditions may be added to projects which require written
concurrence under this Certification in order to ensure compliance with all applicable
water quality and effluent standards;
14. Projects with any impacts to streams, wetlands, and/or waters that have received a
Notice of Violation from the Division of Land Resources and/or the Division of Water
Quality are required to submit a complete application and receive written
concurrence to use this Certification regardless of the proposed impact amount to
streams, wetlands, and waters;
15. Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or the notification sent
to DWQ;
16. Standard Erosion and Sediment Control Practices:
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices:
a. Erosion and sediment control measures for the project must be designed,
installed;: operated, and-maintained in accordance with the most recent version - -
of the North Carolina Sediment and Erosion. Control Planning and Design
Manual.
b. Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual. The devices shall be maintained on all construction sites,
borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project:
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained. in accordance with the most
recent version of the North Carolina Surtace Mining Manual.
d. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
17. No Impacts Beyond those in Application
No waste, spoil, solids, or 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.
18. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures-shall not be placed in wetlands or waters to
the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
4

WQC #3495
Non-compliance with or violation of the conditions herein set forth by a specific project shall result
in revocation of this Certification for the project and may also result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formaF
application_for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 31 December 2004
DIVISION OF WATER QUALITY
By

Alan W. Klimek, P.E.
Director
WQC # 3495
5

Michael F. Easley, Governor
~~ W A rF9 William G. Ross Jr., Secretary
`O~ QG North Carolina Departmen! of Environment and Natural Resources
~ ~ Alan W. Klimek, P.E. Director
~, ~ Colleen H. Sullins, Deputy Director
GZ ,~, Division of Water Quality
September 13, 2005
TP13RR0~#05-244
County: Eclgecombe
KCI Assoc. of NC
Landmark Center I1
Suite 200
4601 Six Forks Road
Raleigh, NC 27609
Attn: Mr. Steven Stokes
BASIN:
Neese River Taz-Pamlico X
(15A NCAC 2B .0233} {15A NCAC 2B .0259}
Complaint N(~V Buffer Determination X
Incident # Appeal Call
Project Name; Harrell Stream & Wetland Restoration Site (KCI Prvje~ct # 12054239)
Locatiotl/Directions• located off of Morning Star gd approx. six miles NE of Rocky Mount
Subject Stream:
UT to Swift Creek
Date of Determination: 7/27/05
Feature Start Buffer
GPS Poin-s {if
rovided) End Buffer Stream
Form Appeal
Call ~ Located
an Soil
Serve Located on
USGS
Too a hic
1 Sub'ect X X
2 Not Sub'ect X
3 Not Sub'ect X

Raleigh Regional 4fflce 1628 Mail Service Center
Water Quality Section Ralegh, NC 27699.1628
~_ ~~
~:[:UEi'~:~t phone [phone] Customer Service
facsimile [phone] 1.877.623.6748

Harretl Stream t~ vveuana rcestorauon Site (K~t rrolect ~ 11Ub413y)
9/13/2005
Page 2 of 2
Thls on-site determination shall expire feve (S) years from the date of this letter. Landowners or affected parties
that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that
it is subject to the buffer rule may request a determination by the Director. A request for a determination by the
Director shall be referred to the Director in writing do Cyndi I[aroly ,DWQ Wetlands/401 Unll, 2321 Crabtree
Blvd, Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You mast
act within 60 days of t/:e date that you receive this letter. Applicants are hereby notified that the 60-day statutory
appeal time does not start until the affectedparty (including downstream and adjacent landowners) is notified of
this decision. DWQ recommends that the applicant conduct this notification In order to be certain that third
party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter ISOB of the North Carolina General Statutes to the Office ojAdministrative Hearings, 6714 Mail
Service Center, Raleigh, N.C 27699-6714. This determination is final and binding unless you ask for a hearing
within 60 days.
The (otivxer/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) ojthis decision concerning any future correspondences regarding the subject property (slated
above). Tl~ls project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the Division ojWater Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfully,
~.rr.~,au-~ ,
Michael Horan
Environmental Spec. I
CC: Jean Maneule, US Army Corps of Engineers, Raleigh Regulatory Office
Debbie Edwards-Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
l;ile Copy
Central Files

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