20060963 Ver 3_Approval Letter_20070827

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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
August 27, 2007
Mr. William Scudder
Brunswick Development Company
1025-A Lake Park Blvd.
Carolina Beach, NC 28428
Re: Cypress Creek Subdivision, Brunswick County
DWQ #20061730; USACE Action ID. No. 2006-823-010 '
APPROVAL of 401 Water Quality Certification and Isolated Wetland General Permit with
Additional Conditions
Dear Mr. Scudder:
Attached hereto is a copy of Certification No. 3675 issued to Mr. William Scudder and Brunswick
Development Company, dated August 27, 2007. In addition, you should get any other federal, state or
local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment
and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
CHS/cbk/ijm
Sin ely,
Coleen .Sullins
Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
IWGP100000
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Wilmington Regulatory Field Office, Wilmington District, USACOE
Joanne Steenhuis, DWQ, Wilmington Regional Office
DLR Wilmington Regional Office
Doug Huggett, DCM
Mike Street, P.O. Box 769, Morehead City, NC 27557
File Copy
Central Files
Kim Williams, Land Management Group, Inc., P.O. Box 2522, Wilmington, NC 28402
Filename: 061730CypressCreekSD(Brunswick)401_IC
4010versight/Express Review Pennits Unft
1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604
Phone: [phone] /FAX [phone] Internet: htto://h2o.enr.state.nc.us/ncwetlands
None Cazolina
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Mr. William Scudder and Brunswick Development Company • ,
Page 2 of 5
August 27, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS 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 15 NCAC 2H, Section .0500 to Mr. William Scudder and Brunswick Development
Company, to fill or otherwise impact 2.23 acres of 404/wetland, 0.028 acres of Isolated Wetland, and 23
linear feet of perennial stream, to construct the proposed Cypress Creek Subdivision, which is located on
both sides of Gilbert Road, west of Midway Road and south of Brown Road in Bolivia, Brunswick County,
North Carolina, pursuant to an application dated June 14, 2007 and received by the DWQ on June 19, 2007,
by Public Notice by the U.S. Army Corps of Engineers issued on the 29'' day of June of 2007 (received by
DWQ on July 2, 2007), and all additional information received by the DWQ on July 26, 2007.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
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 Plan Location or Reference
404/Wetland 2.23 (acres A lication and Public Notice
Isolated Wetland 0.028 (acres A lication and Public Notice
Stream - erennial 23 linear feet A lication and Public Notice
Sediment and Erosion Control:
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.

Mr. William Scudder and Brunswick Development Company
Page 3 of 5
August 27, 2007
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. 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 404/401Permit Application. 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. 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;
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 .0259;
Continuing Compliance:
6. Mr. William Scudder and Brunswick Development Company, shall conduct construction
activities in a manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. If the Division determines that such standards or laws
are not being met (including the failure to sustain a designated or achieved use) or that State or
federal law is being violated, or that further conditions are necessary to assure compliance, the
Division may reevaluate and modify this Certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d).
Before modifying the Certification, the Division shall notify Mr. William Scudder and Brunswick
Development Company, and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. William
Scudder and Brunswick,Development Company, in writing, shall be provided to the United States
Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean
Water Act, and shall also become conditions of the 404 Permit for the project;
7. Construction Stonmwater Permit 1VCG010000
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

Mr. William Scudder and Brunswick Development Company
Page 4 of 5
August 27, 2007
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;
Mitigation:
8. Compensatory Mitigation Using Onsite Restoration, NCEEP Mitigation and Preservation
Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you will be: restoring 0.10 acres of 404/wetland through removal of two existing road crossings;
purchasing 4.48 acres of mitigation credit from the NCEEP; and preserving all remaining
404/wetland on the property per the draft restrictive covenant and associated Wetland Preservation
Map, dated July 25, 2007, and received by the DWQ on July 27, 2007. These aforementioned
methods have been determined by the DWQ to be a suitable means to meet the mitigation
requirement. You have 60 days from the date of this approval to make your payment to the NCEEP.
For. accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet 4.48 acres of the tota14.58 acres of 404/wetland of the following
compensatory mitigation requirement:
T e of Im act Com ensato Miti ation Re wired River and Sub-basin Number
404/Wetland 2.23 (acres Lumber/03040207
Isolated Wetland 0.028 (acres) Lumber/03040207
9. 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 60 days of the issuance of this
Certification, and the stormwater management plans shall be approved in writing by this
Office before the impacts specified in this Certification occur. 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. The stormwater
management plan must include plans, specifications, and worksheets for stormwater management
facilities that are appropriate for the surface water classification and designed to remove at least
85% TSS according to the most recent version of the NC DENR Stormwater Best Management
Practices Manual. These 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 is occupied at the subject site, the facilities (as approved by this Office)
shall be constructed and operational, and the stormwater management plan (as approved
by this Office) shall be implemented. 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.
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 H W ,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
a site-specific stormwater management plan is required.

Mr. William Scudder and Brunswick Development Company
Page 5 of 5
August 27, 2007
Where a Coastal State Stormwater Permit (in accordance with 15 A NCAC 2H .1000) is
required, this permit may be considered to meet this condition.
10. 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 at the time of recording of the property, or of
individual lots, whichever is appropriate. 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.
11. Sewer Systems
The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and. local
sewer system regulations.
12. Construction Plans
Any final construction plans for this project must include or reference the application and plans
approved by the DWQ under this authorization letter and certification.
13. 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.
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, and the
authorization to proceed with your proposed impacts to Isolated Wetlands 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 this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be in the
form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed
with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 27"' y o Au u 007
D SION W ER ITY
Coleen H. Sullins, Director
3675
CHS/cbWijm

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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
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 Scudder and Brunswick Development Company, have
permission as outlined below to fill or otherwise impact 2.23 acres of 404/wetland, 0.028 acres of Isolated Wetland,
and 23 linear feet of perennial stream, as described in your application dated June 14, 2007 and received by the
DWQ on June 19, 2007, by Public Notice by the U.S. Army Corps of Engineers issued on the 29h day of June of
2007 (received by DWQ on July 2, 2007), and all additional information received by the DWQ on July 26, 2007, to
construct the proposed Cypress Creek Subdivision, which is located on both sides of Gilbert Road, west of Midway
Road and south of Brown Road in Bolivia, Brunswick County, North Carolina. 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 #: 20061730
LOCATION: Bolivia
COUNTY Brunswick
BASIN/ SUB BASIN Lumber/03040207
As required by 15A NCAC 2H.0500, and the conditions of this Certification, 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 nearest
foot according to 15 2R.0503(b).
Im acts Miti ation
2.23 Acres 404/Wetlands 2.23 Acres 404/Wetlands
0.028 Acres Isolated Wetland 0.028 Acres Isolated Wetland
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.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 061730CypressCreekSD(Brunswickyl0l_IC_EEP
Nom` Carolina
401 Oversight/Express Review Permitting Unit tura!!lJ
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

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 Oversight/Express 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,
used in the observation of the
compliance and intent of the 401
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 Permiee 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.
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,
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

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE GENERAL PERMIT FOR IMPACTS TO ISOLATED
WETLANDS AND ISOLATED WATERS
PERMIT NUMBER: IWGP100000
FOR PROJECTS IMPACTING LESS THAN ONE (1) ACRE OF ISOLATED
WETLANDS, LESS THAN TWO HUNDRED, FIFTY FEET (250) OF ISOLATED
STREAMS AND/OR LESS THAN ONE-THIRD ACRE (1/3) OF OTHER
ISOLATED SURFACE WATERS
In accordance with the provision of Article 21 of Chapter 143, General Statutes of
North Carolina as amended .and other lawful standards and regulations, including
15A NCAC 2H .1300 and 15A NCAC 2B .0200, promulgated and adopted by the
North Carolina Environmental Management Commission.
Permission is hereby granted to all owners or operators of activities which impact
isolated wetlands, isolated streams or other isolated waters in accordance with
the conditions set forth in Parts I, II, III, IV, V, VI and VII of this General Permit
Number One.
This General Permit shall become effective on September 10, 2003.
This General Permit shall expire at midnight on September 30, 2008 or unless
otherwise rescinded by the Director of the NC Division of Water Quality (DWQ).
Alan W. Kimek, Director
Division of Water Quality
By the Authority of the
NC Environmental Management Commission

This General Permit is issued in conformity with the requirements of North
Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .1300
for the discharge of fill material to isolated wetlands and isolated waters of the State of
North Carolina. This Permit may be rescinded when deemed appropriate by the Director
of DWQ after appropriate public notice.
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 Permit:
Totaling Impacts and Application Requirements:
A. Application Thresholds -Impacts to isolated, classified streams, wetlands and
water that exceed any of the thresholds below require a complete application and written
concurrence which may include site-specific conditions in order to use this Permit. These
thresholds apply for the entire project regardless of the number of Nationwide or
Individual Permits (if any) applicable to the project that are issued by the US Army Corps
of Engineers for the project:
1. Impacts to isolated streams 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
2. Impacts to isolated lakes and ponds 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
3. Impacts to isolated wetlands 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;
4. Proposed fill or substantial modification of any amount of isolated wetlands
classified in accordance with 15A NCAC 26 .0101(e)(7) as UniQUe Wetlands
(UWL) shall require written concurrence from the Division of Water Quality;
B. Activities which are Deemed Permitted: Impacts to less than i) 150 linear feet of
isolated stream, ii) 1/3 acre of isolated surtace waters, iii) 1/3 acre of isolated
wetlands east of Interstate-95 or iv) 1/10 acre of isolated wetland west of Interstate-
95 are deemed permitted in accordance with 15A NCAC 2H .1305 (b) and do not
require application to or written approval from DWQ as long as all the conditions of
15A NCAC 2H .1305 (b) are followed;
C. Totaling,and Reporting of Impacts:
1. Isolated Streams -Impacts to isolated streams as determined by the Division of
Water Quality shall be measured as the 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 (if any). Stream relocations and streambed and/or bank hardening are
considered to be permanent stream impacts. Any activity that results in a loss. of
use of stream functions including but not limited to filling, relocating, flooding,
excavation, dredging and complete shading shall be considered stream impacts.
Impacts to streams shall include streams enclosed by bottomless culverts,
bottomless arches or other spanning structures 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 count towards mitigation requirements as long as no filling, excavation,
relocation or other modification of the existing stream dimension, pattern or
2

profile occurs. 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)
Isolated Lakes and Ponds -Impacts to isolated 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 (if any). Any activity that results in a loss of use of aquatic
functions including but not limited to filling, draining, and dredging shall be
considered waters impacts.
Isolated Wetlands -Impacts to isolated 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 (if any). 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. Impacts to wetlands shall
include activities that change the hydrology of a wetland.
D. Public Notice requirement - A separate Public Notice and Individual Permit will be
required for all projects which propose to impact more than 250 linear feet of isolated
streams or more than one (1) acre of isolated wetlands or other waters in accordance
with 15A NCAC 2H .1303. For impacts less than these thresholds, this General
Permit is applicable without additional Public Notice.
E. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for an Isolated Wetland General or Individual Permit must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted. This payment shall be the higher of the two fees;
Impacts to any stream length for streams regulated by the respective riparian buffer
rules in the Neuse, Tar-Pamlico, Catawba or Randleman River Basins (or any other
major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the
time of application) also requires written concurrence for this Permit from DWQ in
accordance with 15A NCAC 28.0200 except for "exempt activities" as noted below.
Activities listed as "exempt" from these rules do not need to apply for written
concurrence under this Permit as long as they meet the impact thresholds provided in
the rules. New development activities located in the protected riparian areas
(whether jurisdictional streams, wetlands, waters or not) within river basins with
riparian buffer protection rules shall be limited to "uses" identified within and
constructed in accordance with 15A NCAC 26 .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;
G. Irrespective of other application thresholds in this General Permit, all impacts to
perennial waters and their associated buffers in water supply watersheds require
written approval from DWQ since such impacts are allowable as provided in 15A
NCAC 2B. 0212 (WS-I), 26 .0213 (WS-II), 26 .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 Isolated
Wetland General Permit 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 must be maintained adjacent to all perennial waters in

water supply watersheds 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;
II. On-Site Stormwater Management:
A. Additional site-specific stormwater management requirements may be added to
this Permit 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 for either the
entire site or portions of the site that exceed 30% imperviousness. Site-specific
stormwater management shall be designed to remove at least 85% TSS
according to the latest version of DWQ's Stormwater Best Management Practices
manual at a minimum. Other stormwater management requirements (such as
[but not limited to] providing diffuse flow through protected buffers) may also be
added on a case-by-case basis.
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 (VVS), 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 26 .0104(m) and 2H .1000
to .1007, respectively, in addition to that required in this General Permit.
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 focal
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.
1. 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 Permit occur.
2. The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
3. 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.
4. All structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
5. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.

III. Compensatory Mitigation:
A. 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 ith
streams classified as ORW, HQW, Tr, WS-I and WS-11 unless the project is a linear,
publicly-funded transportation project, which has a 150-foot per-stream impact
allowance;
B. In accordance with 15A NCAC 2H .1300, 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 or exceeding 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 use of this General 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 Permit 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 or its successor), the
restored length can be used as compensatory mitigation for the impacts resulting from
the relocation;
C. For any project involving re-alignment of streams, a stream relocation plan must be
included with the General Permit 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), 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. A smaller buffer may be allowed on asite-specific basis by DWQ.
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 hydraulic 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. If stream relocation is
conducted as a stream restoration as defined in The Internal Technical Guide for
Stream Work in North Carolina , (April 2001 or its successor), 2001, the restored
length can be used as compensatory mitigation for the impacts resulting from the
relocation;
D. Culverts and other structures installed 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 aegradation, 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 written 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;
IV. Sedimentation and Erosion Control:
A. All erosion and sediment control practices (for land uses that include
construction/development, mining, agricultural and forestry practices) must be in full
compliance with all specifications governing the proper design, installation, operation
and maintenance of such Best Management Practices (BMPs).
1. For construction/development and land disturbance activities, erosion and
sediment control measures and maintenance must be installed and equal or
exceed the proper design, installation, operation and maintenance outlined in the
most recent version of the "North Carolina Sediment And Erosion Control
Planning and Design Manual". If land disturbance amounts are below the
thresholds where a Division of Land Resource (DLR) or a DLR delegated
program require a Erosion and Sedimentation Control Plan, then measures and
control practices must be installed such that sedimentation to waters is
prevented.
2. For mining activities, erosion and sediment control measures and maintenance
must be installed and equal or exceed the proper design, installation, operation
and maintenance outlined in the most recent version of the "North Carolina
Surface Mining Manual".
3. For projects located on agricultural sites, Best Management measures must be
installed and equal or exceed the proper design, installation, operations and
maintenance outlined in Section 4 of the Natural Resources Conservation
Services (NRCS) Technical Guide. If erosion and sediment control measures
are not specifically addressed by NRCS Technical Guide for an activity being
conducted, then sediment control measures, control practices, and maintenance
must be installed and implemented such that sedimentation to waters is
prevented.
4. For project located on forestry sites, Best Management Practices must be
installed that equal or exceed the proper design, installation, operation and
maintenance as outlined in the most recent version of the "Best Management
Practice Manual" developed by the North Carolina Division of Forest
Management. If the Best Management Practices, developed by the Division of
Forest Resources, do not specifically address the activity being conducted, then
measures, control practices, and maintenance must be installed and
implemented such that sedimentation to waters is prevented.
B. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources or DLR delegated program has released the project;
V. Compliance with Water Quality Standards:
A. Additional site-specific conditions may be added to projects proposed under this Permit
in order to ensure compliance with all applicable water quality and effluent standards;
B. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
C. If this Permit 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 or

Individual 401 Water Quality 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 Permit
shall only be utilized from natural high ground to natural high ground;
V. Possible requirement for an Individual Permit and Public Meetings
A. The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Permit for any project in this category of activity that
requires written concurrence under this Permit, if it is determined that the project is likely
to 1) have a significant adverse effect upon water quality, 2) impact state or federally
listed threatened or endangered species, or 3) degrade the waters so that existing uses
of the wetland or downstream waters are precluded.
B. Public meetings may be held for specific applications or group of applications prior to a
Permit decision if deemed in the public's best interest by the Director of the North
Carolina Division of Water Quality.
VI. Compliance and Reporting:
A. If an environmental document is required, this Permit is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
B. Deed notifications or similar mechanisms shall be placed on all lots with remaining
wetlands and waters or on areas within 50 feet of all streams and ponds if riparian buffer
protection rules are applicable. These mechanisms shall be put in place within 30 days
of the date of issuance of the General Permit letter or the issuance of the 404 Permit
(whichever is later). A sample deed notification format can be downloaded from the
401/VVetlands Unit web site at httg://h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent
copies of all deed restrictions applied to these lots;
C. When written concurrence is required, the applicant is required to use the most recent
version of the Certificate of Completion to inform DWQ that work authorized by this
General Permit has been completed;
D. Concurrence from DWQ that this Permit applies to an individual project shall expire five
years from the date of the cover letter from DWQ or on the same day as the expiration
date of the corresponding US Army Corps of Engineers 404 Permit (if any), whichever is
sooner unless otherwise explicitly allowed in the approval letter from DWQ.
E. Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Permit for the project and may also result in criminal
and/or civil penalties.
F. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Water Quality in accordance with
143-215.6A to 143-215.6C.
G. This permit may be modified, revoked and reissued or terminated for cause. The filing of
a request for a permit modification, revocation and reissuance, or termination does not
stay any permit condition.
H. The issuance of this Permit does not prohibit the Director from reopening and modifying
the Permit, revoking and reissuing the Permit, or terminating the Permit as allowed by the
laws, rules, and regulations contained in Title 15A of the North Carolina Administrative
Code 3, Subchapter 02H. 1300, and North Carolina General Statute 143-215.1 et. al.
I. The Permit is not transferable to any person or entity except after notice to and written
approval by the Director. The Director may require modification or revocation and
.reissuance of the Permit to change-the name and incorporate such other requirements as
may be necessary. A formal permit request must be submitted to the Division of Water
Quality accompanied by the appropriate fee, documentation from both parties involved,
and other supporting materials as may be appropriate. The approval of this request will
be considered on its merits, and may or may not be approved.

J. The issuance of this Permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other
governments agencies (local, state, and federal) which have jurisdiction. If any of those
permits results in revisions to the plans, a permit modification must be submitted.
K. The permittee grants permission to DENR Staff to enter the property during business
hours for the purposes of inspections and compliance review.
L. The permittee shall notify the Division of Water Quality of any mailing address changes
within 30 days.