20150005 Ver 1_401 Application_20141214

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December 29, 2014
Jennifer Burdett
NC DWQ, WBSCP Unit
512 North Salisbury Street
Raleigh, NC 27604
RE Big Branch Stream Bank Stabilization - 401 Authorization
Dear Ms Burdette
n The City of Raleigh Stormwater Management and Woolpert are submittal this project for the N C Division
of Water Quality review and 401 authorization The project is a bank stabilization and repair for
approximately 240 linear feet of stream originating from a property owner complaint where the creek
bank has significantly eroded and several trees have fallen into the creek The area is part of a former
stream restoration project and the designed repair will re- establish the original channel and replant the
stream buffer City of Raleigh is also acquiring conservation easements with this project to protect the
buffer area post construction Woolpert is making a concurrent submittal to David Schaefer with the
USACE for review and concurrence that the project is covered under the current Nationwide Permit 13
The following enclosures are included in this submittal,
• 5 copies of the completed PCN
• 2 copies of a 8 % "X 11" location map
• 2 - Full Size Copies of Construction Plans
• 3 - 11 "X17" sets of Construction Plans
• Check for the $570 Major Water Quality Application Fee
• 1 Set of 5 pictures of the eroded area 3 looking upstream and 2 looking downstream
• 1 copy of the original USACE General Permit Verification (action ID 199821013 July 1998)
If you have any questions, or require any additional information for the project please don't hesitate to
contact me at 704 -526 -3114 or paul smith @woolpert com
Sincerely,
7 rt Nor Y Carolina, PLLC
<a,,Q A
Paul A Smith PE
Project Manager
Woolpert North Carolina, PLLC
11301 Carmel Commons Boulevard, Suite 300 ;
Charlotte, NC 28226
704 525 6284

NM
\NAr�cRO� Ir ffice Use Only t9
y y Cor s action ID ^no-►..
o Y O 5 DWQ project no
Form Version 1 4 January 2009
Page 1 of 10
PCN Form — Version 14 January 2009
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a
Type(s) of approval sought from the Corps
❑X Section 404 Permit
❑ Section 10 Permit
1 b Specify Nationwide Permit (NWP) number 13 or General Permit (GP) number
1c
Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ No
1d
Type(s) of approval sought from the DWQ (check all that apply)
ED 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express X❑ Riparian Buffer Authorization
le
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification
❑ Yes ❑X No
For the record only for Corps Permit
❑ Yes ❑X No
1f
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program
❑ Yes ❑X No
1g
Is the project located in any of NC's twenty coastal counties If yes, answer 1h
below
❑ Yes ❑X No
1 h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a
Name of project
Big Branch Stream Stabilization Project
2b
County
Wake County
2c
Nearest municipality / town
Raleigh
2d
Subdivision name
2e
NCDOT only, T I P or state project no
3.
Owner Information
I v � L�5. u Il It I
3a
Name(s) on Recorded Deed
City of Raleigh, Blair Hinkle, P E
]lull
3b
Deed Book and Page No
City of Raleigh
I U t 0 Z014 I "
3c
Responsible Party (for LLC if
applicable)
Department of Public Works
P
l I
DENR WATER RESOURCES
en, n . ,��__ _
3d
Street address
Post Office Box 590
"--- --- --�
3e
City, state, zip
Raleigh, NC 27602 -0590
3f
Telephone no
919 - 996 -3940
3g
Fax no
919 - 996 -7633
3h
Email address
blab hinkle @raleighnc gov
Page 1 of 10
PCN Form — Version 14 January 2009

4.
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ❑ Other, specify
4b
Name
4c
Business name
(if applicable)
4d
Street address
4e
City, state, zip
4f
Telephone no
4g
Fax no
4h
Email address
S.
Agent/Consultant Information (if applicable)
5a
Name
Paul A Smith, P E
5b
Business name
(if applicable)
Woolpert
5c
Street address
11201 Carmel Commons Blvd, Suite 300
5d
City, state, zip
Charlotte, NC 28226
5e
Telephone no
704 - 526 -6284
5f
Fax no
5g
Email address
paul smith @woolpert com
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a
Property Identification no (tax PIN or parcel ID)
171 - 509 -8656 and 171 - 509 -8764 and 171- 509 -8862
1 b
Site coordinates (in decimal degrees)
Latitude 35 836878 Longitude -78 625839
1c
Property size
acres
2.
Surface Waters
2a
Name of nearest body of water to proposed project
Big Branch, a tributary of Crabtree Creek
2b
Water Quality Classification of nearest receiving water
2c
River basin
Neuse
3.
Project Description
3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
The stream is located in an existing residential area consisting of quarter acre and half acres single family homes The watershed is completely
developed A 2,100 LF stream restoration protect was constructed in 2007 Severe bank erosion has occurred for approximately 240 LF as a result of
several large storm events The stream is located in a FEMA mapped flood prone area
3b
List the total estimated acreage of all existing wetlands on the property 0
3c
List the total estimated linear feet of all existing streams (Intermittent and perennial) on the property 330
3d Explain the purpose of the proposed project
Correcting erosion problems by stabilizing stream bank with boulder revetments, permanent turf reinforcement mats, live stakes, and tree plantings
3e Describe the overall project in detail, including the type of equipment to be used
Construction will require excavating a trench below the stream invert along the eroding stream bank Filter cloth will then placed in the trench, followed I
4.
Jurisdictional Determinations
4a
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
❑ Yes ❑ No ❑X Unknown
Comments Determinations were nor to 2007 restoration protect
p
4b
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c
If yes, who delineated the jurisdictional areas?
Name (If known)
Agency /Consultant Company
Other
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
Nationwide Permit Number 13, application 99821013, 15 Jul 1998, expired on 13 Jul 2000 Nationwide Permit Number 27, application 200521380, 12
Oct 2005, expired on 18 Mar 2007, extended to 17 Mar 2008 401 Quality Certification, DWQ Protect 980591 dated 7 Aug 2000
5.
Project History
5a
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
El Yes X❑ No ❑ Unknown
5b
If yes, explain in detail according to "help file" Instructions
6.
Future Project Plans
6a
Is this a phased project?
❑ Yes ❑X No
6b
If yes, explain
Page 3 of 10
PCN Form — Version 14 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
la Which sections were completed below for your project (check all that apply)
❑ Wetlands X❑ Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted
2a
Wetland impact
number
Permanent (P) or
Temporary
2b
Type of impact
2c
Type of wetland
2d
Forested
2e
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f
Area of
impact
(acres)
W1
Choose one
Choose one
Yes /No
-
W2
Choose one
Choose one
Yes /No
W3 -
Choose one
Choose one
Yes /No
-
W4 -
Choose one
Choose one
Yes /No
W5 -
Choose one
Choose one
Yes /No
W6 -
Choose one
Choose one
Yes /No
-
2g Total Wetland Impacts:
2h Comments
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted
3a
Stream impact
number
Permanent (P) or
Temporary (T)
3b
Type of impact
3c
Stream name
3d
Perennial (PER) or
intermittent (INT)?
3e
Type of
jurisdiction
3f
Average
stream
width
(feet)
3g
Impact
length
(linear
feet)
S1 P
Stabilization
Big Branch
PER
Corps
30
240
S2
Choose one
-
S3
Choose one
-
S4
Choose one
-
S5 -
Choose one
-
S6
Choose one
3h Total stream and tributary impacts
240
31 Comments
Page 4 of 10
PCN Form — Version 1 4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U S then indiv ually list all open water impacts below
4a
Open water
Impact number
Permanent (P) or
Temporary
4b
Name of waterbody
(if applicable)
4c
Type of Impact
4d
Waterbody
type
4e
Area of impact (acres)
01
Choose one
Choose
O2 -
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f Total open water impacts
4g Comments
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below
5a
Pond ID number
5b
Proposed use or
purpose of pond
5c
Wetland Impacts (acres)
5d
Stream Impacts (feet)
5e
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f Total:
5g Comments
5h Is a dam high hazard permit required?
❑ Yes ❑X No If yes, permit ID no
51 Expected pond surface area (acres)
0
5t Size of pond watershed (acres)
0
5k Method of construction
NA
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts
below If any impacts require mitigation, then you MUST fill out Section D of this form
6a. Project Is In which protected basin?
X❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other
6b
Buffer Impact
number—
Permanent (P) or
Temporary T
6c
Reason for impact
6d
Stream name
6e
Buffer
mitigation
required?
6f
Zone 1
impact
(square
feet )
6g
Zone 2
Impact
(square
feet
B1 T
Bank Stabilization
Big Branch
No
12,700
0
B2
Yes /No
B3 -
Yes /No
B4 -
Yes /No
B5 -
Yes /No
B6 -
Yes /No
6h Total Buffer Impacts:
61 Comments
Page 5 of 10

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
The stream restoration is limited to a localized area and will be confined to the temporary construction easement area The contractor will work in the
dry and pump the stream base flow around the work area Construction access is convenient from an adjoining City of Raleigh owned parcel
1b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Stabilization practices will include implementation of revetment boulders, permanent turf reinforcement mats, live stakes, and tree plantings NCDENR
policies for sediment controls will be enforced during construction
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a
Does the project require Compensatory Mitigation for
impacts to Waters of the U S or Waters of the State?
❑ Yes ❑X No
2b
If yes, mitigation is required by (check all that apply)
❑ DWQ ❑ Corps
2c
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a
Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type Choose one
Type Choose one
Type Choose one
Quantity
Quantity
Quantity
3c Comments
4.
Complete if Making a Payment to In -lieu Fee Program
4a
Approval letter from in -lieu fee program is attached
❑ Yes
4b
Stream mitigation requested
linear feet
4c
If using stream mitigation, stream temperature
Choose one
4d
Buffer mitigation requested (DWQ only)
square feet
4e
Riparian wetland mitigation requested
acres
4f
Non - riparian wetland mitigation requested
acres
4g
Coastal (tidal) wetland mitigation requested
acres
4h Comments
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan
Page 6 of 10
PCN Form —Version 14 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
Yes X No
buffer mitigation?
6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
6c
6d
6e
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
15
6f Total buffer mitigation required:
6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund)
6h Comments
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a
Does the project include or Is It adjacent to protected riparian buffers Identified
❑X Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1b
If yes, then is a diffuse flow plan included? If no, explain why
A diffused plan is not applicable to this bank stabilization protect
❑ Yes X❑ No
2.
Stormwater Management Plan
2a
What is the overall percent Imperviousness of this project?
2b
Does this project require a Stormwater Management Plan?
❑ Yes ED No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why
The area of disturbance is less than one acre
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan
2e
Who will be responsible for the review of the Stormwater Management Plan?
N/A
3.
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
❑ Phase II
Z NSW
3b
Which of the following locally - Implemented stormwater management programs
El USMP
apply (check all that apply)
❑ Water Supply Watershed
❑x Other MS4
3c
Has the approved Stormwater Management Plan with proof of approval been
El Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a
Which of the following state - implemented stormwater management programs apply
❑ORW
(check all that apply)
❑Session Law 2006 -246
❑Other
4b
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b
Have all of the 401 Unit submittal requirements been met?
❑X Yes ❑ No
Page 8 of 10
PCN Form — Version 1 4 January 2009

F. Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a
Does the project involve an expenditure of public (federal /state /local) funds or the
Yes
❑ No
use of public (federal /state) land?
lb
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑X No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter)
Comments
2.
Violations (DWQ Requirement)
2a
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated
Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards,
El Yes
❑X No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b
Is this an after - the -fact permit application?
El Yes
❑X No
2c
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)
3.
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
El Yes
❑X No
additional development, which could impact nearby downstream water quality?
3b
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered "no," provide a short narrative description
Project will stabilize the existing stream bank to eliminate erosion occurring at a specific location This protect will not result in additional development
4.
Sewage Disposal (DWQ Requirement)
4a
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
Page 9 of 10
PCN Form —Version 14 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
0 Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes Q No
Impacts?
5c If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The Critical Habitat Mapper at httpJ /erns fws gov /cdthab/ The U S. Fish & Wildlife Service lists all endangered, threatened, candidate, and federal
species of concern for individual counties of the United States http llw m fws gov /raleigh /species /cntylisthvake html
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes XX,- No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The Essential Fish Habitat Mapper Tool that determines tt a proposed action is located in or adjacent to an essential fish habitat
http It~ habitat noaa. gov /protection/efh /efhmapperfindex html
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g , National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would Impact historic or archeological resources?
The North Carolina State Historic Preservation Office GIS Webs Service.
http / /gls.ncdcr.gov/hpoweb/
8. Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA- deslgnated 100 -year floodplain?
© Yes ❑ No
8b. If yes, explain how project meets FEMA requirements,
The purpose of this project is to repair 240 feet of a previously permitted stream restoration project that has been severely damaged due to erosion
The proposed repairs are to return the banks to the original stream restoration location. There is no rise of the 100 year floodplain as a result of these
repairs
8c. What source(s) did you use to make the floodplain determination?
FEMA Flood Map Number 3720171 500J - Effective May 2, 2006
Applicant/Agent's Printed Name
Date
A Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10

City of Raleigh N.C. - Big Branch Stream Bank Stabilization
Big Branch, Tributary of Crabtree Creek
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City of Raleigh N.C. - Big Branch Stream Bank Stabilization
Big Branch, Tributary of Crabtree Creek

R E C _IVED
U.S. ARMY CORPS OF ENGINEERS in L 15 1998
Wilmington District
Action ID: 199821013 County: Wake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property
Owner City of Raleigh
Attn: Stewart J Sykes
Address P.O. Box 590
Raleigh 27602
Telephone Number 919- 890 -3030
Authorized
Agent
Address
Telephone Number.
Size and Location of Prone!U (waterbody, Highway name /number, town, etc.)-
The easement is approximately 1900 feet in length and 2.5 acres in size and is located along Big Branch,
beginning immediately north of the Hardimont Road crossing, in Raleigh, Wake County, NC.
Description of Activity:
Work authorized by the permit includes mechanized landclearing and excavation by small rubber -tired
backhoes and laborers, and the placement of fill (including soil backfill, riprap, fiber erosion control
blankets, etc.) associated with bank stabilization activities along Big Branch. Impacts will be limited to
approximately 1.2 acres of waters of the U.S. (to include both sides of 1900 feet of channel).
Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Authorization: Regional General Permit Number
13 Nationwide Permit Number
Any violation of the conditions of the Regional General or Nationwide Permit referenced above may
subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army Regional General Permit or Nationwide Permit verification does not
relieve the permittee of the responsibility to obtain any other required Federal, State, or local
approvals /permits. The permittee may need to contact appropriate State and local agencies before
beginning work. If you have any questions regarding the Corps of Engineers regulatory program,
please contact Todd Tugwell at telephone number (919) 876 - 8441 extension 26
Regulatory Project Manager
Date July 13, 1998 Expiration Date July 13, 2000
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEA7
TO THE YELLOW (FILE) COPY OF THIS FORM, IF RE
CF: City of Raleigh Inspections
ATT.
Project x.10.
JUL�i1
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NATIONWIDE PERMIT 1(13. HANK STABILIZATION: Authories bank stabilization
activities necessary for erosion prevention provided:
a. No material is placed is excess of the minimum needed for erosion
protection;
b. The bank stabilization activity is less than 500 feet in length;
c. The activity will not exceed an average of one cubic yard per
running foot placed along the bank below the plane of the ordinary high water
mark or the high tide line;
d. No material is placed in any special aquatic site, including
wetlands;
e. No material is of the type, or is placed in any location, or in any
manner, so as to impair surface water flow into or out of any wetland area;
f. No material is placed in a manner that will be eroded by normal or
expected high flows (properly anchored trees may be used in low energy areas);
and,
g. The activity is part of a single and complete project.
Notes: Bank stabilization activities in excess of 500 feet in length or
greater than an average of one (1) cubic yard per running foot may be
authorized if the permittee notifies the District Engineer in accordance with
the "Notification" general condition and the District Engineer determines the
activity complies with the other terms and conditions of the nationwide permit
and the adverse environmental effects are minimal both individually and
cumulatively. This nationwide permit may not be used for the channelization
of a water of the United States.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date.
4. Aquatic life movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the water body,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on
mats, or other measures must be taken to minimize soil disturbance.

12. Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(g)).
13. Notification.
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre -
Construction Notification (PCN) as early as possible and shall not begin the
activity:
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or
(2) If notified by the District or Division Engineer that an
individual permit is required; or
(3) Unless 30 days have passed from the District Engineer's
receipt of the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d) (2).
b. Contents of notification. The notification must be in writing
and include the following information:
(1) .Name, address and telephone numbers of the prospective
permittee;
(2) Location of the proposed project; and
(3) Brief description of the proposed project; the project's
purpose; direct and indirect adverse environmental effects the project would
cause; and other NWP(s), regional general permit(s) or individual permit(s)
used or intended to be used to authorize any part of the proposed project or
any related activity.
C. Form of Notification: The standard individual permit
application form (Form ENG 4345) may be used as the notification but must
clearly indicate that it is a PCN and must include all the information
required in b.(1) -(3) of General Condition 13. A letter may also be used.
3

1.
�r
REGIONAL CONDITIONS
1. Prior to the use of any nationwide permit in a designated
"Outstanding Resource Water" (ORW) , a designated "High Quality Water" (HQW) or
a designated "Primary Nursery Area" (PNA) of North Carolina or in contiguous
wetlands (as defined by the North Carolina Division of Water Quality) to any
of the above waters, proponents must notify the Wilmington District Engineer
and furnish a written statement of compliance with all of the conditions of
the applicable nationwide permit. Notification will include the location of
work; a description of work; a delineation of wetlands; a discussion of
alternatives to working in the waters and /or contiguous wetlands and why
alternatives were not selected; and a plan to mitigate for all unavoidable
adverse impacts to the waters and /or contiguous wetlands as may be required by
the applicable nationwide permit. Work may proceed only after the permittee
has received written, telephonic or faxed approval to proceed from the
District Engineer. Normally such notice to proceed will be furnished within
thirty (30) days of receipt of the above information.
2. Prior to the use of any nationwide permit in a designated "Area of
Environmental Concern" (AEC) in the twenty (20) counties of Eastern North
Carolina covered by the Coastal Area Management Act (CAMA) , a proponent must
obtain the required CAMA permit and furnish a copy of the CAMA permit to the
Wilmington District Engineer.
3. Prior to the use of any nationwide permit on a barrier island of
North Carolina, a proponent must notify the Wilmington District Engineer and
furnish a written statement of compliance with all conditions of the
applicable nationwide permit. Notification will include the location of
work; a description of work; a delineation of wetlands; a discussion of
alternatives to the work and why alternatives were not selected; and a plan to
mitigate for all unavoidable adverse impacts to wetlands or waters as may be
required -by the conditions of the applicable nationwide permit. Work may
proceed only after the permittee has received written, telephonic or faxed
approval to proceed from the District Engineer. Normally such notice to
proceed will be furnished within thirty (30) days of receipt of the above
information.
4. Prior to the use of any nationwide permit in a "Mountain Bog" of
North Carolina, a proponent must notify the Wilmington District Engineer and
furnish a written statement of compliance with all of the conditions of the
applicable nationwide permit. Notification will include the location of
work; a description of work; a delineation of wetlands; a discussion of
alternatives to the work and why alternatives were not selected; and a plan to
mitigate for all unavoidable adverse impacts to wetlands or waters. Work may
proceed only after the permittee has received written, telephonic or faxed
approval to proceed from the District Engineer. Normally such notice to
proceed will be furnished within thirty (30) days of receipt of the above
information.
5. Prior to the use of any nationwide permit for construction of animal
waste facilities in waters and /or wetlands of North Carolina, a proponent must
notify the Wilmington District Engineer and furnish a written statement of
compliance with all conditions of the applicable nationwide permit.
Notification will include the location of work; a description of work; a
delineation of wetlands; a discussion of alternatives to the work and why
alternatives were not selected; and a plan to mitigate for all unavoidable
adverse impacts to wetlands or waters as may be required by the conditions of
the applicable nationwide permit. Work may proceed only after the permittee
has received written, telephonic or faxed approval to proceed from the
District Engineer. Normally such notice to proceed will be furnished within
thirty (30) days of receipt of the above information.
7

f. Wetlands Delineations. Wetland delineations must be prepared
in accordance with the current method required by the Corps. The permittee
may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 30 -day period will
not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate.
g. Mitigation. Factors that the District Engineer will consider
when determining the acceptability of appropriate and practicable mitigation
include, but are not limited to:
(1) To be practicable, the mitigation must be available and
capable of being done considering costs, existing technology and logistics in
light of the overall project purposes; and
(2) To the extent appropriate, permittees should consider
mitigation banking and other forms of mitigation including contributions to
wetland trust funds, inlieu fees to organizations such as The Nature
Conservancy, State or county natural resource management agencies, where such
fees contribute to the restoration, creation, replacement, enhancement or
preservation of wetlands. Furthermore, examples of mitigation that may be
appropriate and practicable include but are not limited to: reducing the size
of the project; establishing wetland or upland buffer zones to protect aquatic
resource values; and replacing the loss of aquatic resource values by
creating, restoring and enhancing similar functions and values. In addition,
mitigation must address wetland impacts, such as functions and values, and
cannot be simply used to offset the acreage of wetland losses that would occur
in order to meet the acreage limits of some of the NWPs (e.g., for NWP 26, 5
acres of wetlands cannot be created to change a 6 -acre loss of wetlands to a 1
acre loss; however, 2 created acres can be used to reduce the impacts of a 3-
acre loss.).
14. Compliance certification. Every permittee who has received a
nationwide permit verification from the Corps will submit a signed
certification regarding the completed work and any required mitigation. The
certification will be forwarded by the Corps with the authorization letter and
will include:
a. A statement that the authorized work was done in accordance with
the Corps authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in
accordance with the permit conditions; and
c. The signature of the permittee certifying the completion of the
work and mitigation.
15. Multiple use of nationwide permits. In any case where NWP number
12 through 40 is combined with any other NWP number 12 through 40, as part of
a single and complete project, the permittee must notify the District Engineer
in accordance with paragraphs a., b., and c. of the Notification General
Condition number 13. Any NWP number 1 through 11 may be combined with any
other NWP without notification to the Corps, unless notification is otherwise
required by the terms of the NWPs. As provided at 33 CFR 330.6(c) two or more
different NWPs can be combined to authorize a single and complete project.
However, the same NWP cannot be used more that once for a single and complete
project.
5

STATE CONSISTENCY CONDITIONS
1. Use of trees and tree tops as stabilization material is not allowed.
2. Bulkhead and riprap structure alignments will not extend farther than
an average distance of two (2) feet waterward or a maximum of five (5) feet
from the mean high water elevation contour in tidal areas or from the normal
water line elevation contour in non -tidal waters.
3. All backfill material will be obtained from an upland source and
confined landward of the bulkhead or riprap structure.
4. Bulkheads and riprap structures must be impervious through structural
tightness or the use of a suitable filter cloth and in place before discharge
of backfill material.
5. Riprap shall be of such a size so as not to be able to be carried off
by wave action and consist of clean rock or masonry material free of debris or
toxic pollutants. Stream substrate is not to be used as a source of riprap.
6. No excavation is permitted except for that required for installation
of the bulkhead wall, deadmen, cables, etc.
7. This permit is not applicable to any work on Atlantic Ocean beaches.
8. If the proposed activity is greater than or equal to 500 feet in
length and is within the North Carolina Coastal Area, the applicant must
receive written concurrence from the North Carolina Division of Coastal
Management (NCDCM) that the activity is consistent with the North Carolina
Coastal Management Program.
WATER QUALITY CERTIFICATION CONDITIONS
1. Proposed bank stabilization greater than or equal to a total of 500
linear feet (152.5 meters) in length requires written concurrence from the
North Carolina Division of Water Quality (NCDWQ) as long as the project
complies with all conditions of this General Certification.
2. Proposed bank stabilization less than 500 feet (152.5 meters) in
length does not require written concurrence from the North Carolina Division
of Water Quality (NCDWQ) as long as all conditions of this Certification are
met.
3. Methods of bank stabilization (such as bioengineering) are preferred
rather than the installation of rip rap along extensive stretches of stream
bank.
4. Appropriate sediment and erosion control practices which equal or
exceed those outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" or the "North
Carolina Surface Mining Manual" (available from the North Carolina Division of
Land Management in the DEHNR Regional or Central Offices) will be utilized to
prevent exceedances of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout by NCDWQ, 25 NTU's in all
saltwater classes and all lakes and reservoirs, and 10 NTU's in trout waters).
5. All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
Z

Permit Number: 199821013
Permittee: City of Raleigh/N. of Hardimont Road
Issuance: 7 -13 -98
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
RALEIGH REGULATORY FIELD OFFICE
6508 FALLS OF NEUSE ROAD, SUITE 120
RALEIGH, NORTH CAROLINA 27615
Please note that your permitted activity is subject to a compliance inspection by an U.S.
Army Corps of Engineers representative. If you fail to comply with this permit you are
subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the terms and condition of the said permit, and required
mitigation was completed in accordance with the permit conditions.
Signature of Permittee

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