20072198 Ver 1_Approval Letter_20071231

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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
December 31, 2007
DWQ Project # 07-2198
Granville County
Mr. Robert Schaumleffel, City Manager
City of Creedmoor
11 Masonic Street
Creedmoor, NC 27522
Subject Property: Lake Rogers -Sediment Dredging
Lake Rodgers/Ledge Creek [030401, 27-10-(1), WSII, HQW, NSW]
Approval of 401 Water Quality Certification, Isolated Wetland General Permit (IWGP100000), and
Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with
Additional Conditions
Dear Mr. Schaumleffel:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.108 acres of 404/wetland, 70 linear feet of intermittent stream, and 1,800
square feet of Zone 1 Neuse River basin protected riparian buffers and 2,000 square feet of Zone 2 Neuse
River basin protected riparian buffers as described in your application dated December 13, 2007, and
received by the Division of Water Quality (DWQ) on December 19, 2007, to conduct dredging operations
at Lake Rodgers.. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3700 (GC3631) and 3704 (GC3704). The Certification(s)
allows you to use Nationwide Permit(s) NW 14 and NW 16, respectively, when issued by the US Army
Corps of Engineers (USAGE). Also, we have determined that the Isolated Wetland fill (0.060 acres of
Isolated Wetland) is covered by the State General Permit for Impacts to Isolated Wetlands and Isolated
Waters (IWGP100000). Finally, this letter shall also act as your approved Authorization Certificate for
impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go ahead with your
project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or 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 1501inear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
None hCarolina
401 Oversight/Express Review Permitting Unit ~atura!!y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: htto://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/]0% Post Consumer Paper

City of Creedmoor
Page 2 of 4
December 31, 2007
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
T e of Im act Amount A roved Units Plan Location or Reference
404/Wetland 0.108 (acres) PCN a e 9 of 15
Isolated Wetland 0.060(acres) PCN a e 10 of 15
Stream -intermittent 70 (linear feet) PCN a e 9 of 15
Buffers Zone 1 1,800 (square ft.) PCN a e 13 of 15
Buffers Zone 2 2,000 (square ft.) PCN a e 13 of 15
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 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

City of Creedmoor
Page 3 of 4
December 31, 2007
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 with 15A
NCAC 2B .0233 and GC3704;
7. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.or doh/operationsBMP manual/downloadBMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each culvert.
Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall
be removed and re-installed correctly.
Culvert(s) shall not be installed. in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert. Therefore, you must provide plans with adequate details that indicate that the current
stability of the stream will be maintained or enhanced. You must receive written approval from this
Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according
to approved plans.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream
of the above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.

City of Creedmoor
Page 4 of 4
December 31, 2007
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate
of Completion" form to notify NCDWQ when all work included in the §401 Certification has
been completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 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, the Isolated Wetland Rules (IWP100000) and the Neuse riparian buffer protection rule as described
within 15A NCAC 2B .0233. If you have any questions, please telephone Cyndi Karoly or Ian McMillan
at 919-733-1786.
Si erely,
oleen H. Sullins
CHS/ijm
Enclosures: GC3700, GC3704
IWGP 100000
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Gerald Pottern, Robert J. Goldstein and Associates, 1221 Corporation Parkway, Suite 100, Raleigh, NC 2761(
Filename: 072198 LakeRogersSedimentDredging(Granville~01_IW_NBR

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 OversightBxpress 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
Date:
I, ,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.
Signature:
Date:
If this project was designed by a Certified Professional
~~z,.
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,
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 Unipue 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. Totalin4.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 tilling, excavation,
relocation or other modification of the existing stream dimension, pattern 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 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 comp-ete 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 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 1-95 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 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 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. Totalin4 and Reporting of Lmpacts:
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 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, pattem or

rofile occurs. Any filling, excavatio ~ st reae~stablish the samlel dimensions,
p other than flooding)
existing stream ( g or those of a stable reference reac
patterns and profiles of the existin channel
if the existing channel is unstable) shall be measured as
olated Lakes and Ponds -Impacts to isolated waters other than streams and
2• Is the Division of Water 4uality
wetlands as determined by ora water impacts shall be enumerated on the
area. Permanent and/or temp rY
ro ect for all impacts proposed regardless of which 404 Nationwi e
entire p 1 An activity thaf results 9 a loss of u n oshall be'c
Permits are used (if any). Y.
functions including but not limited to filling, drainin ,and dredg 9
considered waters impacts. nt and/or temporary wetland.
lated Wetlands -Impacts to isolated wePe mane determined by the Division of
3. Iso ardless of
Water Quality shall be measured as area ro ect for all impacts reg
impacts shall be enumerated on the entire p j An activity that results in a loss
but not limited to filling, excavating, draining,
which 404 Nationwide Permits are used (if any • Y acts to wetlands shall
of use of wetland functions including acts. Imp
and flooding shall be considered wetdla°ndogy of a wetland.
include activities that change the by
Public Notice requirement - A separaee Pubpc Notice and Individual Permitcwill e
to im act more than 250 linear feet of o dance
D' ro ects which propos
required for all p j acre of isolated wetlands or other waters in a
streams or more than one (1) -acts less than these thresholds, this General
with 15A NCAC 2H .1303. For imp
Permit is applicable without additional Public Notice.
E. In accordance with North Carotin d Geneal Statute Section 143-215.3D { to bot
ral or Individual Permit must include the
application for an Isolated Wetlan
.appropriate fee. If a project also rega i merit sha be the higher of the two fees;
agencies shall be submitted. This p Y the respective riparian buffer
stream length for streams regulated by other
F, Impacts to any m effect at the
rules in the Neuse,Tar-Pamlico, Catawba or Randleman River Basins or an
major river basins with RipariaeS rea Protection Rules [Buffer Rule as n
written concurrence for this Permit fro otD~ below.
time of application) also requ t activities
accordance with 15A NCAC 26.0200 except for exem
t" from these rules do not need to. apply for written
Activities listed as "exemp as they meet the impact thresholds provided in
concurrence under this ment'activities located in the protected riparian areas
the rules. New develop wetlands, waters or not) within river basins with
(whether jurisdictional streams,
riparian buffer protection rules shall be limited to "uses" identified within an
constructed in accordance with 15A NCAC 2B .0200. racticable
All new development shall be located, uality tothe ma ~mum~extentpintained to
have minimal disturbance to protect Ovate q
ractices;
through the use bf best management p acts to
lication thresholds in this General Pewit asheds require
G. Irrespective of other app rovided in 15A
perennial waters and their associated buffeacts are allowable as p
written approval from DWQ since such imp g III and 26 .0215 (WS-
NCAC 2B. 0212 (WS nd~e B activ ti ~ public project is d structures with
l~. Only water depe
diminimus increases in.impervious anance f o~mtheldelegated lotcal goveeament
rules. All other activities require a v ement Commission before the Isolat etative
and/or the NC Environmental Manag etative buffer for high
Wetland General. Permit can bment ora 100 foot w~de veg 30 foot wide veg
buffer for low density develop
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
perennial
f
o
this condition
waters are defined as those shown as perennial waters on the most
recent USGS 1:24,000 topographic map or a
h

_ s ot
government studies;
erwise determined by local
;: s
II. On-Site Stormwater Management:
~*
,~
-~ A• Additional site-specific stormwater management.requirements m
this Permit at DWQ's discretion on a case by case ba
ay be added to
are anti
i
i
f

;;A s
c
s
or projects that have or
pated 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 DW
'

' Q
s Stormwater Best Management Practices
manual at a minimum. Other stormwater mane e
[but not limited to] providi
t

1~ ng diffuse flow through protected buffe s)
added on a case-by-case basis
ma ualsos
y be

_~ .
Additionally, in watersheds within one mile and draining to 303(d) listed
waters, as well as watersheds that are classif

~ ied as nutrient sensitive waters
(NSW), water sgupply waters (WS), troutwaters (Tr), high quality waters (HQW
and outstandin resource waters (ORW
), the Division shall require that extended
detention wetlands; bio-retention areas, and ponds followed by fore
strips (designed accordi
t
s
ed filter
ng to latest version of the NC DENR Stormwater Best
Management Practices Manual) be constructed
m
a

an
as part of the stormwater
gement plan when asite-specific stormwater management plan is required
For streams classified as Water Su
l
Hi
.
pp
y,
gh Quality Waters and Outstanding
Resource Waters, post-construction
on-site sto
re
i
,
qu
rmwater management shall be
red as appropriate and as outlined in 15A NCAC 26 .0104(m) and 2H .1000
to .1007, respectively, in addition to'that re
ui
q
red in this General Permit.
Alternative designs maybe requested by the applicant and will be
reviewed on a case-by-case basis by the Divi
i
s
on of Water Quality.
Approval of stormwater management plans by the Division of Water
Quality's other existing state stormwater program
pro
r
i

g
s
ncluding appropriate local
ams are sufficient to satisfy this Condition as long as the stormwater
management `plans meet or exceed the desi
gn 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 W
Wetlands Unit before th
t
'
a
er Quality
s
e impacts specified in this Permit occur.
2. The facilities must be designed to treat the r
unoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality
3. Also, before any perma
.
nent building or other structure is occupied at the sub'ect
site, the facilities (as approved by the Wetlands Unit) shall be con
operational
and the
t
t

,
s
s
ructed and
ormwater management plan (as approved by the
Wetlands Unit) shall: be implemented
.
4. All structural stormwater practices as approved by the Wetlands Unitas well as
drainage patterns must be maintained i
5
n perpetuity.
. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Q
li
ua
ty.

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 cWrrent 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 (Apri12001 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 requiring additional impacts to wetlands, waters or
buffers if requiredeod from natu Ilhiyh g o1und to natuaal high ground;purposes, this Permit
shall only be utiliz
~, Possible requirement for an Individual Permit and Public Meetings
A. The Director of the Northividuall PerDmit for any ojectQ n th s cat gory'of activity that of a
formal application for Ind
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.{~lace 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
401IVVetlands Unit web site at htt ://h2o.enr.state.nc.us/ncwetlands . DWQ shall be sent
copies of all deed restrictions applied to these ~ cant is required to use the most recent
C. When written concurrence is required, the app
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 da( as Y ewhic'hever is
date of the corresponding US Army Corps of Engineers 404 Permit if an ),
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 enforcerfient 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 Ne son or ent t except afteruno ice toland written
I. The Permit is not transferable to any p y
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 perrmo~tria tufee, documentat on from 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
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.
8.