20080902 Ver 1_Approval Letter_20080714

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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
July 14, 2008
DWQ Project # 08-0902
Chatham County
Mr. Robbie Swain
Polk-Sullivan, LLC
P.O. Box 5689
Cary, NC 27512
Subject Property
The Bluffs Phase 2
Ut to Haw River [030604,16-(28.5), WSN, NSW]
Approval of 401 Water Quality Certification and Isolated Wetland General Permit with Additional
Conditions
Dear Mr. Swain:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.004 acres 404/wetland fill (0.003 acres permanent wetland fill, and 0.001
acres temporary, wetland fill), 312 linear feet of perennial stream (100 linear feet permanent impact and
212 linear feet temporary impact), and 60 linear feet of temporary, intermittent stream impact, as
described in your application dated June 2, 2008, and received by the Division of Water Quality (DWQ)
on June 2, 2008, with additional information received from you on July 7, 2008, and July 11, 2008, to
construct the proposed residential development at the site. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3699 (GC3699)
and 3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s) NW 12 and NW29,
respectively, when issued by the US Army Corps of Engineers (USACE). Also, we have determined that
this Isolated Wetland fill (0.027 acres permanent, wetland impact and 0.001 acres temporary, wetland
impact), and Isolated Stream fill (64 linear feet of permanent, intermittent stream impact and 10 linear
feet of temporary, intermittent stream impact) 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.
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 214.0506 (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
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: httn://h2o enrstate.nc.us/ncwetlands
o Carolina
NOe
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Polk-Sullivan, LLC
Page 2 of 5
June 14, 2008
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 0.003 acres permanent impact and PCN page 5 of 12
0.001 (acres) temporary impact
Isolated Wetland 0.027 (acres) permanent impact PCN page 5 of 12
and 0.001 (acres) temporary
impact
Stream - perennial 100 linear feet permanent impact Correspondence dated July 11, 2008
and 212 linear feet temporary
impact
Stream - intermittent 60 (linear feet) - temporary Correspondence dated July 11, 2008
impact
Isolated Stream - intermittent 64 linear feet of permanent, Correspondence dated July 11, 2008
intermittent stream impact and 10
linear feet of temporary,
intermittent stream impact
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;
Polls-Sullivan, LLU
Page 3 of 5
June 14, 2008
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;
6. 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.org/doh/operations/BMP manual/download/BMP 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.
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.
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.
7. Deed Notifications
Polk-Sullivan, LLC
Page 4 of 5
June 14, 2008
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 lots or properties are recorded. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/newetlands/documents/wet_buf compl.pdf. The text of the sample deed
notification may be modified as appropriate to suit to this project.
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 adjudhcatory hearing. You must act within 60 day 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.
Sullins
CHS/ijm
Enclosures: GC3699, GC 3705
IWGP100000
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
Polk-Sullivan, LLC
Page 5 of 5
June 14, 2008
DLR Raleigh Regional Office
File Copy
Central Files
Nicole Thomson, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 080902TheBluffsPhase2(Chatham)401 _I W
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, 11, 111, 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. Klimek, 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 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, 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 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 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 213.0101(e)(7) as Unigue 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 Reoorting of Impacts:
1. Isolated Streams - Impacts to isolated streams as determined by the Division of
Water Quality shall be measured as the length of the centerline of the normal
flow channel. Permanent and/or temporary stream impacts shall be enumerated
on the entire project for all impacts regardless of which 404 Nationwide Permits
are used (if any). Stream relocations and streambed and/or bank hardening are
considered to be permanent stream impacts. Any activity that results in a loss. of
use of stream functions including but not limited to filling, relocating, flooding,
excavation, dredging and complete shading shall be considered stream impacts.
Impacts to streams shall include streams enclosed by bottomless culverts,
bottomless arches or other spanning structures unless the entire structure
(including construction impacts) spans the entire bed and both banks of the
stream, is only used for a road, driveway or path crossing, and is not mitered to
follow the stream pattern. Impacts for dam footprints and flooding will count
toward the threshold for stream impacts, but flooding upstream of the dam will
not count towards mitigation requirements as long as no filling, excavation,
relocation or other modification of the existing stream dimension, pattern or
2

profile occurs. Any filling, excavation, relocation or other modification of the
existing stream (other than flooding) must re-establish the same dimensions,
patterns and profiles of the existing channel (or those of a stable reference reach
if the existing channel is unstable)
2. Isolated Lakes andined bPonds Division of Water Quality shall be measu red asd
wetlands as determ Y the
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
wetland of
Water Quality shall be measured as area. Permanent and/or temporary impacts shall be enumerated on the entire project for all impacts that re regardless
a loss
which 404 Nationwide Permits are used (if any). Any activity
use of wetland l be considered wetland impacts. tl mpacts to wetlands shallining,
and flooding shal of a wetland.
include activities that change the hydrology
D. Public Notice requirement -A septo impact mo a than 250tineaPfeet'of isolated
required for all projects which propose P ers streams or more2H 1n one 303. (1) re of wetlands or
h esholds,tth slGene?aldance
with 1.5A NCAC
Permit is applicable without additional Public Notice.
Y
a143 E. accordance with North Carolina
Isolated Wetland General ogrIndiv dual Perm it m1 st include the
application for an meet to both Permit
, one
pay appropriate fee. If a project also requires
meet shall be the higher oft a two fees;
agencies shall be submitted. This pay the
buffer F. Impacts any stream length for streams or Randleman R ver Basinsl(or any o her
rules, in the Neuse, Tar Pamlico, Catawba [Bu
s] in major river basins also Riarian Area
written conclurrence for this Pr Rule ermit fromeffDWQect
time application) q
accordance with 15A NCAC 28.0200 except for "exempt activities" as for noted
written
Activities listed as "exempt" from these lt the impact, thresholds provided in
concurrence under this PPeen erm as long as they meet
rules. New development activities located in the protected riparian areas within
river b (whether jurisdictional srrules shalilbelim ed to usest)ide tifed with eland with
riparian buffer protection
constructed in. accordance with 15A NCAC 2B .0200.
All new development shall be locate, designed, constructed, and maintained protect waterquality to the maximum extent practicableo
have minimal disturbance to o p pro
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 2rov ded 15
NCAC 2B. 0212 (WS-I), 2B.0213 (WS-11), 2B.0214 (W S-111) and .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 a i'Management Commiss on befo eithe IIsolatedment
and/or the NC Environmental
Wetland General Permit can be processed. 100 foot wide vegetative buffer forghighve
buffer for low density development or a
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 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. 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
ensatory Mitigation: perennial
lei. Comp required at a 1:1 ratio for not only ensatory stream mitigation shall be ire application to DWQ in watersheds ith
is a linear,
A, Comp that require pro j
but also intermittent stream impacts Tr WS-land WS-11 unless the prof impact
streams classifi which has a 150 -foot per-stream ed as ORW, HQ W,
ortation project, transp compensatory mitigation may be
allowance; 1300, B. In accordance with 1 5A to 1 NCAC 2 r .130)
feet ro ects, impacts equal
to 50 Linear or more °transportat onlpr one acre or more o
required for impacts
pr( ect. For linear public buffer
fo ion, Buffer
require mitigation. In addition,
wetlands r an entire p per stream may 150 feet p ro ect with Riparian Area Protec fo activities
to or Lion May be required for any p 1 acts resulting
mitigation may licatwn for buffer imp
) in effect at the time of app " within the "Table of uses", section of the Bu er
wetland
Rulesclassified as allowable with mitigation an use of this General Permit.
variance under the Buffer mane for d y rmin thi be followed of General
and
Rules or require a ents shall be
and stream mitigation req uirem Protocols from DWQ sha°Itocols.
The most current design and monitoring p ,
roval as required in those he mitigation plans must
written plans submitted for DWQ app the Permit occur,
mitigation is required for a project,
written compensatory before the impacts a
be appro pproved by
royal letter. The mitigation plan must be
ved by DWQ'in writing-before
constructed cified in the app before any permanent building or structure on site is
unless otherwise sp Ian must be
public road projects, mitigation p
implemented and/or
occupied. In the case of ened to the travelling public. . Please note that if a
implemented before the road is °P April 2001 or its acts successor), the
stream relocation is conducted as a stream?arolina rati (n as defined in Theresultiag from
Technicalength Gucan orbe?used asrcomp nsatory mitigation for the imp
restored Ian must be
the relocation;
roject involving re application for written DWQ approval. Relocated
included with the General - Permit app alignment of streams, a stream relo nd° ro lies as the
C• For any p
lons patterns a p
channel is unstable), The
stream designs should include the same dime and water shall not be turned into the
existing channel (ora stconstructed in the dry an the exn tused for bank stabilization
new channel should be etatio
. channel until the banks are stabilized. Veg
new s of the
native woody species, and should stied buffed oln both side
shall be limited to scent 20 foot wide 9 ecific basis by
foot wide wooded and an adj be allowed on a site-bsp
fiber and seedling estalishment is allowable.
relocated channel. A smaller et colt may res may be allowed if it
A transitional phase incorporating abions or other hard structuut the applicant must
Also, rip-rap, A-Jacks, concre ' integrity of the stream,
is necessary to maintain the physical hydraulic calculations used to is not i `a the i on-
provide written justification and any coverage requested. If suitable stream mitigation s not p
im ed to be mitigated elsewhere. If stream relo {action is
extent of rip-rap The Internal Technical Guide feodr
site, then stream Pact will ne (April 2001 from the
conducted as a stream restoration as de ins or its successo
as compensatory mitigation for the impacts O resuit ng
Strea in North Carolina ,
length can
relocation;
assage of water and
they structures in in waters, streams, and wetlands mus be d to D. Culverts and o rovilow passage would be
placed below the elevation of tt to DWQthat pow low flee bottom or bottomless
lacement of culverts including °P ion control measures shat
aq uatic life unless it can be shown impractical. Design and p
temporary de radation or
result in aggradation, g to scent to or
arch be c ndu t and d nha manner that may ing 1
not be co drology of wetlands or stream beds or banks,
significant changes in by
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
constructed in writing by DWQ. across FEMAAdditionally, when roadways, causeways or other fill projects are
-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
without requiring additional impacts to wetlands, waters or
construction this Permit
that buffers the if lots are required to do buildable so in writing Y Wto For rod natural h gh ground;
shall only be utilized from natural high ground V. Possible requirement for an Individual Permit and Public Meetingsission of a
re uire submission
A. The Director of the North Carolina Division of Water Q ths category re activity that
formal application for Individual Permit for any project in activity project is likely d that
the requires written concurrence under this Permit, if it is determine act state or federally
to 1) have a significant adverse effect upon water q ade the watts so that existing uses
listed threatened or endangered species, or 3) deg
of the wetland or downstream waters are precluded. ons 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.
VI. Compliance and Reporting:
A. If an environmental document is required, this Permit is not valid until a Finding of No
A
Significant Impact (FONSI) or Record of Decision (ROD) Is issued by the State
Clearinghouse;
B. Deed notifications similar on areas within 50 feet of all streams andtponlds if riparian buffer
wetlands and waters rs o or
protection rules are applicable. These mechanisms shall be. put in.place within 30 days e issuance
of the
404 of the date of issuance three dGeneral Permit letter or eed notification formathcan be downloaded f om thet
(whichever is later). sample
401/Wetlands Unit web site at htt ://h2o.enr.stte.nc.us/ncwetlands . DWQ shall be sen
copies of all deed restrictions applied to these lots;
C. When written concurrence is required, the applicant is required to use the most recent
this
version of the Certificate of Completion to inform DWQ that work authorized by
General Permit has been completed;
D. Concurrence from DWQ that this Permit applies to an individual project shall expire five same
day years from the date of the cover tt of Eng neerst404 Permit (if any)e expiration whichever is er from DWQ or on on
date of the corresponding US Army Corps royal letter from DWQ•
sooner unless otherwise explicitly allowed in the app
E. Non-compliance with or violatioPe Permit fo?theltp oject and may also result nccr milnalproject
may result in revocation of this
and/or civil penalties. subject the .
F. Failure to abide by the conditions and limitations
v sSOnofaWater Quality in ac oadance with
Division
Permittee to an enforcement action by the
cause
143-215.6A to 143-215:6C. for
The G. This permit may be;modified, revoked
evocation and reisseuanlcetor term nation doeslning ot of
a request for a permit modification,
ning
reop
stay any permit condition. rector from
modifyin H. 'The issuance of this Permit does not
Permlitt or terminating the Perm it as aldlowed by the
the Permit, revoking and reissuing
laws, rules, and regulations contained
'tCarol na General Stat to 1143-2151 setaael e
Code 3, Subchapter 02H. 1300, and-North notice to
and 1. The Permit is not transferable Dto any person or irector may requ reltmodifcat on or evocation a tlitten
approval the Director. The quirements may n a of the Permit m ehe name and incorporate such other must be submitted to the D v s on of Wateras
m
may be necessary. A formal permit involved Quality accompanied by the appropriate fee, documentation from
o both al ofthis request will
and other supporting materials as may be appropriate. The app
be considered on its merits, and may or may not be approved.
Y
_ is I
F))
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.
Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
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
1,
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 Permittee 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