20071035 Ver 1_Approval Letter_20070627

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
June 27, 2007
DWQ Project # 07-1035
Wake County
Mr. Andrew McCoppin
Kildare Farms 2 HOA
1900 Cameron Street
Raleigh, NC 27605
Subject Property: Kildare Farm Lake Repair
Ut to Swift Creek [030402, 27-43-(1), WSIII, 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. McCoppin:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 3401inear feet of perennial stream, 0.47 acres of open
waters (pond) and 3,400 square feet of Zone 1 Neuse River basin protected riparian buffer, and
0.00 square feet of Zone 2 Neuse River basin protected riparian buffer, as described in your
application dated June 11, 2007, and received by the Division of Water Quality (DWQ) on June
12, 2007, to construct the proposed forebay, and stabilize eroding streambanks at the site. After
reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3626 (GC3626). The Certification(s) allows you to use
Nationwide Permit(s) NW 13 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 LAMA 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 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 certification and any 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: http://h2o.enr.state.nc.us/ncwetlands
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

Mr. Andrew McCoppin
Page 2 of 3
June 27, 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 (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
T e of Im act Amount A roved Units Reference
Stream - erennial 340 linear feet PCN a e 8 of 13
O en Waters and 0.47 (acres) PCN a e 9 of 13
Buffer -Zone 1 3,400 s uare ft. PCN a e 12 of 13
Buffer -Zone 2 0.00 (s uare ft.) PCN age 12 of 13
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.. 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 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.
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.
4. 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 six months of the date that the Division of Land Resources has released the project;

Mr. Andrew McCoppin
Page 3 of 3
June 27, 2007
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 15A NCAC 2B .0233 and GC 3626;
6. Stream Stabilization/Forebay Creation Plans
You have our approval for your proposed final stream stabilization/restoration and
forebay creation plans with the requirement for Monitoring Level I as described within
the joint State/Federal agency Stream Mitigation Guidelines located at:
http://www.saw.usace.army.mil/wetlands/miti~ation/stream mitigation.html The stream
stabilization/restoration and forebay creation must be constructed, maintained, and
monitored according to the plans approved by this Office. Any repairs or adjustments to
the site must be made according to the approved plans or must receive written approval
from this Office to make the repairs or adjustments. The restored stream must be
preserved in perpetuity by use of a conservation easement or other similar mechanism as
part of the approved plans.
7. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected stream buffers such that it
will not re-concentrate before discharging into a stream as identified within 15A NCAC
2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities
that are considered to remove nitrogen. This may require additional approval from this
Office.
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
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

Mr. Andrew McCoppin
Page 4 of 3
June 27, 2007
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 Cyndi Karoly or Ian McMillan x,1919-733-
1786. ~ 1
CHS/ijm
Enclosures: GC 3626
Certificate of Completion
Si rely,
Coleen H. Sullins, Director
Division of Water Quality
cc: USACE Raleigh Regulatory Field Office
Lauren Cobb, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Dale Hyatt, McKim & creed, PA, 200 MacKeanan Court, Cary, NC 27511
Filename: 071035 KildareFarmLakeRepair(Wake~01 _NB R