20042050 Ver 2_Approval Letter_20070118

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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
January 18, 2007
Mr. Ken Peregoy
503 W. Thurman Road
New Bern, NC 28562
DWQ Project # 04-2050, Ver. 2
Craven County
Subject Property: Carolina Colours: Amenity Campus
Lee's Branch [030410, 27-101-40-4, C, SW, NSW]
APPROVAL of Isolated Wetlands Permit and Authorization Certificate per the Neuse River Buffer
Protection Rules (15A NCAC 2B .0233), with Additional Conditions
Dear Mr. Peregoy:
You have our approval, in accordance with the attached conditions, to place permanent fill in or otherwise
impact 0.61 acres of isolated wetland, and 0.00 square feet (ftZ) of protected Zone 1 Neuse River basin
riparian buffer and 0.00 square feet (ft2) of protected Zone 2 Neuse River basin riparian buffer as
described in your application dated November 10, 2006, and received by the Division of Water Quality
(DWQ) on November 17, 2006, with additional information received from you on December 19, 2006,
for the purpose of constructing recreational facilities for the community at the subject property. After
reviewing your application, we have decided that the impacts are covered by the State General Permit for
Impacts to Isolated Wetlands and Isolated Waters (1WGP100000). This letter shall also act as your
approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233.
Finally, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply
Watershed regulations. This Isolated Wetlands Permit will expire upon the expiration date of
IWGP100000 (September 30, 2008) or unless otherwise rescinded by the Director of the Division of
Water Quality.
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 Permit 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
Permit 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 Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 No°~thCaro)
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 ljtfl{CQ~r/
Phone [phone] / Fax [phone]
Internet: http:/1www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Ken Peregoy
Page 2 of 6
January 18, 2007
Amount A roved Units) Plan Location or Reference
Isolated Wetlands 0.61 acres PCN a es 8 and 9 of 12
Buffer -Zone 1 0.00 (s ware ft. PCN a e 11 of 12
Buffer -Zone 2 0.00 (s uare ft. PCN a e 11 of 12
2. 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.
3. 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;
4. 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 1 SA
NCAC 2B .0233 and GC 3404;
5. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and 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. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified
as appropriate to suit to this project;
6. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles
are 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

Mr. Ken Peregoy
Page 3 of 6
January 18, 2007
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). 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. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds 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 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.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
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.
7. Written stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit
(2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within sixty (60) of the issuance of this
Permit and the stormwater management plans shall be approved in writing by this Office
before the impacts specifed in this Permit occur per Condition No. II On-Site stormwater
Management, letter A., of the Isolated Wetlands Permit (IWGP100000). You have the option of
using the Express Review Program for expedited approval of these plans. If you propose to use
the Express Review Program, remember to include the appropriate fee with the plan. 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 NCDENR stormwater Best Management Practices
Manual) be constructed as part of the stormwater management plan when asite-specific
stormwater management plan is required.

Mr. Ken Peregoy
Page 4 of 6
January 18, 2007
Also, the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented before any permanent building or other structure is occupied at the subject
site.
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.
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.
8. Diffuse Flow (DWQ Reviewed Plans)
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B .0233(5)
In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B
.0233(5)), you must provide the DWQ with level spreader designs and worksheets for your
project. These level spreader designs and worksheets shall be approved in writing by the
Division of Water Quality's Wetlands Unit before the impacts specified in this Certification
occur. The DWQ believes that if implemented, as per these plans, diffuse flow will be achieved.
However, if diffuse flow as per 15A NCAC 02B .0233(5) is not achieved, then the DWQ shall be
notified and corrective actions to restore diffuse flow shall be taken if necessary to impede the
formation of erosion gullies. At no time shall stormwater from the proposed development be
piped directly through the buffer without prior DWQ written authorization.
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. stormwater easements shall be
recorded for a distance of at least 10 feet on each side of all stormwater conveyances, and on all
lots containing these structures including future access for maintenance. The stormwater
easements shall allow for the ability to maintain the structures, perform corrective actions as
described above and shall provide protection of the structures from potential alternations by
future property owners.
An Operation & Maintenance (O&M) agreement notarized and signed by the current landowner
must be approved by the DWQ. This O&M agreement must transfer with the sale of the land or
transfer of responsibility for the stormwater facilities and the DWQ must be notified of every
transfer.

Mr. Ken Peregoy
Page 5 of 6
January 18, 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 (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
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. ;
10. 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 Permit 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 Permit, shall expire upon
expiration of IWGP100000 (September 30, 2008) or unless otherwise rescinded by the Director of
the Division of Water Quality.
If you do not accept any of the conditions of this Permit (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 Permit 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 the Clean Water Act and Isolated
Wetlands Rules as described within 15 NCAC 2H, Section 0.1300. If you have any questions, please
telephone Cyndi Karoly or Ian. McMillan in the Central Office in Raleigh at 919-733-9721 or Kyle
Barnes, in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
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AWK/~m
'~ Alan W. Klimek, P.E.
Enclosures: IWGP100000
Certificate of Completion
cc: Doug Huggett, DCM
USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office

Mr. Ken Peregoy ,
Page 6 of 6 '
January 18, 2007
File Copy
Central Files
Mike Street, P.O. Box 769, Morehead City, NC 27557
Eric Frank, McKim and Creed, P.A., 2807 Neuse Boulevard, Building 5, New Bern, NC 28562
Filename: 042050 Ver2CarolinaColoursAmenityCampus(Craven)I W_NBR