20071570 Ver 1_Approval Letter_20080421

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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
April 21, 2008
DWQ Project # 07-1570
Durham County
Page Road Business Partners, LLC
701 Corporate Center Drive, Suite 163
Raleigh, NC 27607
Subject Property: Page Road Business Park
Stirrup Iron Creek [030402, 27-33-4-2, C, NSW]
Approval of 401 Water Quality Certification, Isolated Wetland General Permit and
Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233)
with Additional Conditions - REVISED
Dear Sir or Madam:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.016 acres of 404/wetland, and 470 square feet of Zone 1
Neuse River basin protected riparian buffers and 1,980 square feet of Zone 2 Neuse River basin
protected riparian buffers to construct a business park at the site, as described in your revised
application dated March 11, 2008, and received by the Division of Water Quality (DWQ) on
March 11, 2008, with additional information received from you on March 14, 2008 and April 17,
2008, to construct the proposed business park at the site. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s)
3699 (GC3699). The Certification(s) allows you to use Nationwide Permit(s) NW 12 when
issued by the US Army Corps of Engineers (USACE). Also, we have determined that this
Isolated Wetland fill (0.050 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 Certification, Isolated Wetland Permit and Buffer Authorization
replaces the Certification, Isolated Wetland Permit and Buffer Authorization issued on
April 18, 2008.
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.
401 Oversight/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: http://h2o.enr.state.nc.us/ncwetlands
If the
- N r Carolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page Road Business Partners, LLC
Page 2 of 4
April 21, 2008
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:
Type of Impact Amount Approved Units Plan Location or Reference
404/Wetland 0.016 (acres) PCN page 8 of 12
Isolated Wetland 0.050 (acres) PCN page 8 of 12
Buffer -Zone 1 470 (square ft.) PCN page 11 of 12
Buffer - Zone 2 1,980 (square ft.) PCN page 11 of 12
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
Page Road Business Partners, LLC
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April 21, 2008
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the project;
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer, wetland or water prior to any land disturbing activities to
ensure compliance with 15A NCAC 2B .0233 and GC 3625;
6. Diffuse Flow (No Further Review)
All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected stream buffers such that it
will not re-concentrate before discharging into a stream as identified within 15A NCAC
213 .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities
that are considered to remove nitrogen. This may require additional approval from this
Office.
7. No impacts may occur on this site until the City of Durham's approval of the stormwater
management plan has been provided to the DWQ. This documentation may consist of
EITHER:
• A valid approval letter from the City of Durham indicating that the proposed activity
has an approved SMP and one copy of the approved SMP, including plan details,
calculations and other supporting information, OR
A set of stormwater plan details and calculations stamped as "Approved" by the City
of Durham.
8. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and. Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically
issued to the project. This General Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or more acres],
full compliance with permit conditions including the sedimentation control plan, self-
monitoring, record keeping and reporting requirements are required. A copy of this permit
and monitoring report forms may be found at
http: //h2o. enr. state. nc. us/su/Forms Documents. htm.
Page Road Business Partners, LLC
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April 21, 2008
9. 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 (IWP 100000) 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.
CHS/cbk/i m
Enclosures: GC 3699
I WGP 100000
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Cobb, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Thomas King, Spangler Environmental, Inc., 224 Fayetteville Street, Suite 400, Raleigh,
NC 27601
Filename: 071570PageRoadBusinessPark(Durham)301_NBR_I W_Revised
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:
I. 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 1-95 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 1) 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 Reporting of Impacts:
1. Isolated'Streams - Impacts to isolated streams as determined by the Division of
Water Quality shall be measured as the length of the centerline of the normal
flow channel. Permanent and/or temporary stream impacts shall be enumerated
on the entire project for all impacts regardless of which 404 Nationwide Permits
are used (if any). Stream relocations and streambed and/or bank hardening are
considered to be permanent stream impacts. Any activity that results in a loss. of
use of stream functions including but not limited to filling, relocating, flooding,
excavation, dredging and complete shading shall be considered stream impacts.
Impacts to streams shall include streams enclosed by bottomless culverts,
bottomless arches or other spanning structures unless the entire structure
(including construction impacts) spans the entire bed and both banks of the
stream, is only used for a road, driveway or path crossing, and is not mitered to
follow the stream pattern. Impacts for dam footprints and flooding will count
toward the threshold for stream impacts, but flooding upstream of the dam will
not count towards mitigation requirements as long as no filling, excavation,
relocation or other modification of the existing stream dimension, pattern or
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 an 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 1-95 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 1) 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 Reporting of Impacts:
1. Isolated Streams - Impacts to isolated streams as determined by the Division of
Water Quality shall be measured as the length of the centerline of the normal
flow channel. Permanent and/or temporary stream impacts shall be enumerated
on the entire project for all impacts regardless of which 404 Nationwide Permits
are used (if any). Stream relocations and streambed and/or bank hardening are
considered to be permanent stream impacts. Any activity that results in a loss. of
use of stream functions including but not limited to filling, relocating, flooding,
excavation, dredging and complete shading shall be considered stream impacts.
Impacts to streams shall include streams enclosed by bottomless culverts,
bottomless arches or other spanning structures unless the entire structure
(including construction impacts) spans the entire bed and both banks of the
stream, is only used for a road, driveway or path crossing, and is not mitered to
follow the stream pattern. Impacts for dam footprints and flooding will count
toward the threshold for stream impacts, but flooding upstream of the dam will
not count towards mitigation requirements as long as no filling, excavation,
relocation or other modification of the existing stream dimension, pattern or
profile occurs. Any filling, excavation, relocation or other modification of the
existing stream (other than flooding) must re-establish the same dimensions,
patterns and profiles of the existing channel (or those of a stable reference reach
if the existing channel is unstable)
2. Isolated Lakes and Ponds - Impacts to isolated waters other than streams and
wetlands as determined by the Division of Water Quality shall be measured as
area. Permanent and/or temporary water impacts shall be enumerated on the
entire project for all impacts proposed regardless of which 404 Nationwide
Permits are used (if any). Any activity that results in a loss of use of aquatic
functions including but not limited to filling, draining, and dredging shall be
considered waters impacts.
3. Isolated Wetlands - Impacts to isolated wetlands as determined by the Division of
Water Quality shall be measured as area. Permanent and/or temporary wetland.
impacts shall be enumerated on the entire project for all impacts regardless of
which 404 Nationwide Permits are used (if any). Any activity that results in a loss
of use of wetland functions including but not limited to filling, excavating, draining,
and flooding shall be considered wetland impacts. Impacts to wetlands shall
include activities that change the hydrology of a wetland.
D. Public Notice requirement - A separate Public Notice and Individual Permit will be
required for all projects which propose to impact more than 250 linear feet of isolated
streams or more than one (1) acre of isolated wetlands or other waters in accordance
with 15A NCAC 2H .1303. For impacts less than these thresholds, this General
Permit is applicable without additional Public Notice.
E. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for an Isolated Wetland General or Individual Permit must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted. This payment shall be the higher of the two fees;
F. Impacts to any stream length for streams regulated by the respective. riparian buffer
rules in the Neuse, Tar-Pamlico, Catawba or Randleman River Basins (or any other
major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the
time of application) also requires written concurrence for this Permit from DWQ.in
accordance with 15A NCAC 213.0200 except for "exempt activities" as noted below.
Activities listed as "exempt" from these rules do not need to. apply for written
concurrence under this Permit as long as they meet the impact thresholds provided in
the rules. New development activities located in the protected riparian areas
(whether jurisdictional streams, wetlands, waters or not) within river basins with
riparian buffer protection rules shall be limited to "uses" identified within and
constructed in accordance with 15A NCAC 2B .0200.
All new development shall be located, designed, constructed, and maintained to
have minimal disturbance to protect water quality to the maximum extent practicable
through the use of best management practices;
G. Irrespective of other application thresholds in this General Permit, all impacts to
perennial waters and their associated buffers in water supply watersheds require
written approval from DWQ since such impacts are allowable as provided in 15A
NCAC 2B. 0212 (WS-1), 213.0213 (WS-II), 213.0214 (WS-III) and 2B.0215 (WS-
IV). Only water dependent activities, public projects and structures with
diminimus increases in.impervious surfaces will be allowed as outlined in those
rules. All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the Isolated
Wetland General Permit can be processed. In addition, a 30 foot wide vegetative
buffer for low density development or a 100 foot wide vegetative buffer for high
density development must be maintained adjacent to all perennial waters in
water supply watersheds except for allowances as provided under the Water
Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most
recent USGS 1:24,000 topographic map or as otherwise determined by local
government studies;
II. On-Site Stormwater Management:
A. Additional site-specific stormwater management requirements may be added to
this Permit at DWQ's discretion on a case by case basis for projects that have or
are anticipated to have impervious cover of greater than 30 percent for either the
entire site or portions of the site that exceed 30% imperviousness. Site-specific
stormwater management shall be designed to remove at least 85% TSS
according to the latest version of DWQ's Stormwater Best Management Practices
manual at a minimum. Other stormwater management requirements (such as
[but not limited to] providing diffuse flow through protected buffers.) may also be
added on a case-by-case basis.
Additionally, in watersheds within one mile and draining to 303(d) listed
waters, as well as watersheds that are classified as nutrient sensitive waters
(NSW), water supply waters (WS), trout waters Jr), high quality waters (HQW),
and outstanding resource waters (ORW), the Division shall require that extended
detention wetlands, bio-retention areas, and ponds followed by forested filter
strips (designed according to latest version of the NC DENR Stormwater Best
Management Practices Manual) be constructed as part of the stormwater
management plan when a site-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 2B .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 exiting 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. All structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
5. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
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 be
implemented and/or constructed before any permanent building or structure on site is
occupied. In the case of public road projects, the mitigation plan must be
implemented before the road is opened to the travelling public. Please note that if a
stream relocation is conducted as a stream restoration as defined in The Internal
Technical Guide for Stream Work in North Carolina (April 2001 or its successor), the
restored length can be used as compensatory mitigation for the impacts resulting from
the relocation;
C. For any project involving re-alignment of streams, a stream relocation plan must be
included with the General Permit application for written DWQ approval. Relocated
stream designs should include the same dimensions, patterns and profiles as the
existing channel (or a stable reference reach if the existing channel is unstable), The
new channel should be constructed in the dry and water shall not be turned into the
new channel until the banks are stabilized. Vegetation used for bank stabilization
shall be limited to native woody species, and should include establishment of a 30
foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the
relocated channel. A smaller buffer may be allowed on a site-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. 1f stream relocation is
conducted as a stream restoration as defined in The Internal Technical Guide for
Stream Work in North Carolina , (April 2001 or its successor), 2001, the restored
length can be used as compensatory mitigation for the impacts resulting from the
relocation;
D. Culverts and other structures installed in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be
impractical. Design and placement of culverts including open bottom or bottomless
arch culverts and other structures including temporary erosion control measures shall
not be conducted in a manner that may result in 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

or
Individual 401 Water Quality Certifications. The applicant is required to provide evidence l impacts to that the lots are buildable without requirnWaQddiFooigoad construct on pands, wat urposesers this Permit
buffers if required to do so in writing by D
shall only be utilized from natural high ground to natural high ground;
V. Possible requirement for an Individual Permit and Public Meetingsission of a
require submission
A. The Director of the North Carolina Division of Water Quality pth this category of activity that
formal application for individual Permit for any project it is detrmined that the project is requires written concurrence under e ?i u Permit,
water qualitye2) impact state or federal,y likely
to 1) have a significant adverse e pon
listed threatened or endangered species, or 3) degrade the waters so that existing uses
of the wetland or downstream waters are precluded. applications or group of applications prior to a
B. Public meetings may be held for specific app
Permit decision if deemed in the public's best interest by the Director of the North
Carolina Division of Water Quality.
Vh Compliance and Reporting: until A. If an environmental document Record required, Dehi sPermit is st issued by thelState of No
Significant Impact (FONSI) or
Clearinghouse; s with re
aining B. Deed notifications r on areas within 50 feet of all str ams andtponds if riparian buffer
wetlands and waters rs o or o
protection rules are applicable. These mechanisms shall be put in.place within 30 days
of the date of issuance a the le deed notification format can be downloaded from the
(whichever is later).
site at htt)://h2o,.enr.state.nc.us/ncwetlands. DWQ shall be sen
401/Wetlands Unit web site
copies of all deed restrictions applied to these lots;
C. When written concurrence is required, the applicant is required to use the most recent
version of the Certificate of Completion to inform DWQ that work authorized by this
General Permit has been completed;
D. Concurrence from DWQ that this Permit applies to an individual project shall expire five
as the expiration he same
day -years from the date of the cover letter o om DWQ or on
of Engineerst404 Perm t (if any), whichever is
date of the corresponding US Army ps royal letter from DWQ•
sooner unless otherwise explicitly allowed in the app
E. Non-compliance with or violation erof the t fo?thetp project and may also result nc nminalroject
may result in revocation of this
sub'ect the
and/or civil penalties. cont
ined in this p F. Failure to abide by the conditions and I Div sion ofaWater Qualityen ac oadance with
Permittee to an enforcement action by he
cause
143-215.6A to 143-215.6C. for
The G. This permit may be ,modified, revoked
evacation and reissuanfcet or term nation doeslnot of
a request for a permit modification,
stay any permit cohdition.
H. The issuance of this Permit does not prohibit the Director from reopening and modifying
the Permit, revoking and reissuing the Title Permit, 15A of the North Carol na Admin st afivethe the Permit as allowed laws, rules, and regulations contained 5.1 et. al.
Code 3, Subchapter 02H. 1300, andNerttson or entity except after notice toland written
1. The Permit is not transferable to any p
change Diretor may require modification or
approval a the Director. T
cthe name and incorporate such other requirements as
may be n a of the Permit t
may be necessary. A formal permit request must be submitted to the Division of Water
accompanied b the appropriate fee, documentation from both parties involved,
materials as may be appropriate. The approval of this request will
and Quality other supporting y
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.