20070791 Ver 1_Approval Letter_20071219

O~O~ W A T FRpG
~ ~_ ~ r-I
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
December 19, 2007
DWQ Project # 07-0791
Harnett County
Mr. Billy Wellons, Jr.
P.O. Box 766
Spring Lake, NC 28390
Subject Property:
Overhills Creek Subdivision, Section 7, Part 1-AFTER-THE-FACT
Ut to Lake Holton [030614, 18-23-30, C]
Approval of 401 Water Quality Certification and Isolated Wetland General Permit with
Additional Conditions -REVISED
Dear Mr. Wellons:
You have our After-The-Fact approval, in accordance with the attached conditions and those listed below,
to place fill within or otherwise impact 0.154 acres of 404/wetland, as described in your After-The-Fact
revised application dated December 14, 2007, and received by the Division of Water Quality (DWQ) on
December 18, 2007, to construct the proposed residential development. After reviewing your application,
we have decided that the impacts are covered by General Water Quality Certification Number(s) 3627
(GC3627). The Certification(s) allows you to use Nationwide Permit(s) NW 14 when issued by the US
Army Corps of Engineers (USAGE). Also, we have determined that this Isolated Wetland fill (0.0.49
acres of Isolated Wetland) is covered by the State General Permit for Impacts to Isolated Wetlands and
Isolated Waters (IWGP100000). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited
to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application shall expire
upon expiration of the 404 or CAMA 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expire upon expiration of IWGP100000 (September 30, 2008) or unless otherwise rescinded by the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.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
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 Oyersighi/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httn://h2o.enr.state.nc.us/ncwetlands
N""o~~,,Carolina
~vatura!!r~
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

Mr. Billy Wellons, Jr.
Page 2 of 3
December 19, 2007
T e of Im act Amount A roved Units Plan Location or Reference
404/Wetland 0.154 (acres) PCN a e 4 of 9
Isolated Wetland 0.049 (acres) PCN pa e 4 of 9
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
5. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional streams
and 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.
6. 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 GC3627;

r
Mr. Billy Wellons, Jr.
Page 3 of 3
December 19, 2007
7. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or LAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Isolated Wetland Rules (IWP100000). If you have any questions, please telephone Cyndi
Karoly or Ian McMillan at 919-733-1786.
CHSlijm
Enclosures: GC3627
IWGP100000
Certificate of Completion
Sincerely,
Coleen H. Sullins
cc: Ken Averitte, DWQ Fayetteville Regional Office
Chad Turlington, DWQ Fayetteville Regional Office
Shelton Sullivan, DWQ Compliance and Enforcement
Ronnie Smith, USACE Wilmington Regulatory Field Office
File Copy
Central Files
Jason E. Godwin, Fuss & O'Neill, Inc., 610 Lynndale Court, Suite E, Greenville, NC 27858
Filename: 070791 OverhillsCreekSDSection7Part 1(Hamett)401_IW_Revised

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 (113) 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 activi#ies which impact
isolated wetlands, isolated streams or other isolated waters irf accordance with
the conditions set forth in Parts 1, 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 anyj 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.l/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.flll or substantial modification of any amount of isolated wetlands
classified in accordance with 15A NCAC 2B .0101(e)(7) as Uniaue 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 afl 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 duality 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, pattem or

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 fillmaterial 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:
1. 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 2B .0101(e)(7) as UJ,'iiaue 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 surface 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 Reportina 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 (ff 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 flling, 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

rofile occurs. Any filling, excavatio must re establish the sam'e' dimensions,
p other than flooding)
existing stream ( channel (or those of a stable reference reac
patterns and profiles of the existing
if the existing channel is unstable)
lated Lakes and Ponds -Impacts to isolated waters other than streams and
2. Iso the Division of Water Quality shall be measured as
wetlands as determined by orar water impacts shall be enumerated on the
area. Permanent and/or temp Y
acts proposed regardless of which 404 Nationwi e
entire project for all imp An activity thaf results in and dr dging shall be~c
Permits are used (if any)• Y.
but not limited to filling, draining,
functions including the Division of
considered waters impacts.
acts to isolated wetlands as determined Yora wetland.
3. Isolated Wetlands -Imp acts regardless of
Water Quality shall be a ated ondthe entae peoject for all tlmp thatpesults in a loss
impacts shall be enum An .activity draining,
which 404 Nationwide Permits are used (if any). Y
of use of wetland functions including but not limited to filling, excavating,
ed wetland impacts. Impacts to wetlands shall
and flooding shall be conside the hydrology of a wetland.
include activities that Chang
blic Notice requirement - A separat to 'ml'act more than 250~inea feet'of isolated
D• Pu ects which propose P
required for all proj 1 acre of isolated wetlands or other waters in actor ante
streams or more2H 1303. (For impacts less than these thresholds, this General
with 1.5A NCAC
permit is applicable without additional Public Notice.
E. In accordance with North Carotin d Gee eat Statute Section 143-215.3D ~ to bot
al or Individual Permit must include the
- application for an Isolated Wetlan
appropriate fee. If a project also rega irmen sha bet a higher of the two fees;
agencies shall be submitted. This p Y the respective riparian buffer
ulated by other
F, Impacts to any stream length for streams reg ,n effect at the
les in the Neuse, Tar-Pamlico, Catawba or Randleman River Basins (or any
ru
a or river basins with Riparian Area Protection Rules [Buffer Rules] ' b
concurrence for this Permit from DWGIow.
m ~ lication) also requires wntte
time of app t for "exempt activities as note
I for written
accordance with 15A NCAC 26.0200 excep act thresholds provided in
Activities listed as "exempt" from tas theylmeet the mp d to,.app Y
concurrence under this Permit as long rotected riparian areas
the rules. New development activities lot waterstoenot) within river basins with
(whether jurisdictional streams, wetlands,
~::~ ffer rotection rules shall be limited to 2u00 s" identified within and
riparian bu p
ment shall be located, designed, constructed, and mafacticableo
constructed in accordance with 15A NCAC 2 to the maximum extent p
_ All new develop rotect water quality
have minimal disturbance to p ement practices;
through the use bf best manag acts to
ctive of other application thresholds in this General Pe w ~teasheds require
G. Irrespe rovided in 15A
perennial waters and their ass ce such mpacts are allowable asp 0215 (WS-
- written approval from DWQ sin S-III and 26
26 .0214 (W )
S-I , 26 .0213 (WS-II),
NCAC 26. 0212 (W ) ublic projects and structures with
l~, Only water dependent activities, P dele ated local government
eases in impervious surfaces will be allowed as outlined in those
diminimus rncr
rules. All other activities require a variance from t e
:: ~,- ement Commission before the Isolated
and/or the NC Environmental Manag
Wetland General. Permit can be processed. In addition, a 30 foot wide vegeta rve
a 100 foot wide vegetative buffer for high
buffer for low density development o
density development must be maintained adjacent to all perennial waters rn

.. .
.r
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 mana,gement.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
and outstanding resource wat~s (ORW)Whe Di rv srion shalgl require that (HQW),
detention wetlands, bio-retention areas, and ponds followed by forested filter ded
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 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.
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. Ail structural stormwater practices as approved by the Wetlands Unitas 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.
4

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 6e
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 Intema/ 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 aggradation, 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 requirDWQ dFor Goad construct onl purposeseth srPermit
buffers if required to do so in writing by
shall only be utilized from natural high ground to natural high ground;
~, Possible requirement for an Individual Permit and Public Meetings
A. The Director of the North Caroli PeDmit for any ojeca n th s cat gorylof activ ty that of a
formal application for Individual
requires written concurrence under this Permit, if it is determined that the project is likely
to 1) have a significant adverse effecciesoor 3a degrade the wateastso that exest ngluses
listed threatened or endangered spe )
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 (FONSq or Record of Decision (ROD) is issued by the State
Clearinghouse;
B. Deed notifin~ waters orr o~n a eashwithin 50 feet of all streamsaalndtponlds if npar a n buffer
wetlands a
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
4011Wetlands Unit web site at htt ://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 frdate of tOhehcover letter from DWQ oaoh the'same day as t el expirat on
years from the Cor s of En ineers 404 Permit (if any), whichever is
date of the corresponding US Army P g royal letter from DWQ.
sooner unless otherwise explicit/ allowed in the app
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 enforceri'~ent a ton by the Div lion ofaWater Quality in ac oadance with e
Permittee to an
143-215.6A to 143-215:6C.
G. This permit may b~m ~ dificationkrevocation and reissuanlcet or term'nation doeslnot of
a request for a pe
stay any permit condition.
H. The issuance of this and reissuing the Permitt oe tDe'rminatng the Perm t as aldlowedl by the
the Permit, revoking
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 Directo t to chanlr a the name and ncorpo ate such othe arequaements as
reissuance of the Perm 9
may be necessary. A formal pe ro~tr ateufee, documentat on f om both parties evolved,
Quality accompanied by the app P ro riate. The approval of this request will
and other supporting materials as may be app p
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
afl 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.
8.