20061838 Ver 1_Approval Letter_20061215

~~'~ WArF9p Michael F. Easley, Governor
~~ ~i William G. Ross Jr., Secretary
~ r North Carolina Department of Environment and Natural Resources
~ ~
p ~ Alan W. 141imek, P.E. Director
Division of Water Quality
December 15, 2006
DWQ Project # EXP 06-1838
Chatham County
Charles E. Lewis
9308 Foxburrow Court
Raleigh, NC 27613
Subject Property: Cedar Mountain Subdivision
Meadow Branch and UT Meadow Branch [030604, 16-32-1, WS-N; NSW]
Approval of 401 Water Quality Certification with Additional Conditions-Express Review
Program
Dear Mr. Lewis:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 119 linear feet of stream for the purpose of constructing roads, on a residential
subdivision, as described within your Pre-construction Notification Application dated December 6, 2006.
The impacts are covered by General Water Quality Certification Number 3404. The Certification allows
you to use Nationwide Permit NW 14 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 approval is for the purpose and design that you described in your original request (PCN dated
December 6, 2006) and the supplemental information received by NCDWQ on December 13, 2006. 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, additional compensatory mitigation may be
required as described in 15A ,NCAC 2H .0506 (h). This written approval requires you to follow the
conditions listed in the attached Water Quality Certification (GC 3404) and the additional
conditions listed below.
401 Oversight/Express Review Permitting Unit
] 650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httn://h2o.enr.state.nc.us/ncwetlands
N°ne Carolina
~turatly
An Equal OpportunitylAffirmative Action Employer - 50% Recycled/] 0°/u Post Consumer Paper

Cedar Mountain Subdivision
Page 2 of 4
December 15, 2006
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification are met. No other impacts are approved including incidental
impacts:
Im act T e Amount A roved Units Plan Location or Re erence
Stream ( erennial) 119 (linear feet December 6, 2006 PCN a e 4
Wetland 0.27 (acres) October 19, 2006 PCN a e 3
2. 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 and authorized by this
approval letter. 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.
3. 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 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.
b. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
written approval by DWQ. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and downstream of the above structures. All devices 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.
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with GC 3404.
6. 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 (NCGO10000) 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

Cedar Mountain Subdivision
Page 3 of 4
December 15, 2006
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http: //h2o. enr, state. nc. us/su/Forms Documents. htm. '
7. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profile
is not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Installation of culverts in wetlands must ensure
continuity of water movement and be designed to adequately accommodate high water or flood
conditions. Existing stream dimensions (including the cross section dimensions, pattern and
longitudinal profile) shall be maintained above and below locations of each culvert. Placement of
culverts and other structures in waters, streams, and wetlands must be placed below the elevation of
the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of
the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of
water and aquatic life. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best
management practices from the most current version of the NC Sediment and Erosion Control
Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags,
rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in
flowing water.
9. If concrete is used during the construction, then a dry work area should be maintained to prevent
direct contact prevent direct contact between curing concrete and stream water. Water that
inadvertently contacts uncured concrete should not be discharged to surface waters due to the
potential for elevated pH and possible aquatic life/fish kills.
10. Water Supply Waters
Since this project is occurring in waters that are categorized as WS-IV waters, please note that in
GC3404, a 30 foot wide vegetative buffer is required to be maintained adjacent to all perennial waters
in a low density development.

Cedar Mountain Subdivision
Page 4 of 4
December 1 S, 2006
11. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands
and waters in order to assure compliance for future wetland or water impact. These mechanisms
shall be put in place prior to impacting any wetlands and/or waters approved for impact
under this Certification Approval.
12. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification 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.
13. 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 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. If you have any questions, please telephone Lia Myott or Cynthia Van Der Wiele at 919-733-1786.
AWK/cbk/lem
Enclosures: GC 3404
Certificate of Completion
Sinc ely,
Alan W. Klimek, P.E.
cc: Tom Brown, USACE Raleigh Regulatory Field Office
Mike Horan, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Scott Mitchell, B. Scott Mitchell Environmental Consulting, 602 E. Academy St., Suite 105,
Fuquay-Varina, NC 27526