20071976 Ver 2_More Info Received_20080811

WITHERS--.-, - RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
111 MacKenan Drive
Cary, North Carolina 27511
Tel.:[phone] Fax: [phone]
TO: NC-Division of Water Quality
2321 Crabtree Blvd
Raleigh, NC 27604

DATE August 11, Job No. 2060095.00
2008
ATTENTION Ms. Cyndi Karoly
RE: Park Ridge Estates - Request for Additional Information
WE ARE SENDING YOU ? Attached ? Under separate cover via the roiiowing
? Shop Drawings ? Prints ? Plans ? Samples Specifications
® Copy of Letter ? Change order ? Diskette ?
COPIES DATE NO. DESCRIPTION
5 Request for Additional information - Park Ridge Estates
THESE ARE TRANSMITTED as checked below:
? For approval ? Approved as submitted
® For your use ? Approved as noted
® As requested ? Returned for corrections
? For review and comment ?
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS: Please call with any questions or concerns.
COPY TO: File
SIGNED: Todd Preuninqer
If enclosures are not as noted, kindly notify us at once.
N 0 ?0 R
? Resubmit
? Submit
? Return
copies for approval
copies for distribution
corrected prints
AUG 1 1 2008
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
WITHERS RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
August 11, 2oo8
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Re: Request for Additional information - Park Ridge Estates
W&R Project #: 02o60095
DWQ Project #: 07-1976, Ver. 2
Dear Ms. Karoly,
D LP
AUG 1 1 2008
DENR - WAI Ek CliiAU 'Y
WETLANDS AND STORMWATER BRANCH
We received your request for additional information regarding the stormwater plans for
the Park Ridge Estates Subdivision. I have included a brief response to your request
below. Your letter asks for the following information:
1) Please complete Section XI - Stormwater of your PCN application. Please note,
you have applied under a Nationwide permit No. 29, which is for "Single-Family
Development" and the corresponding General Certification NO-3705 requires
Stormwater Management Plan (SMP) for any drainage areas that exceed 24
percent impervious. For each BMP, provide a completed BMP Supplement Form
with all the required item.
As per your request, Section XI of the PCN has been revised. It is our understanding
that the Town of Cary is a Phase /l community, and therefore, has been delegated to
review the stormwater plans for compliance with DWQ requirements We have
included a set of the approved stormwater management plans with the attachments.
In addition, 4 oz-Certification has already been issued for the adjacent development
and construction is under way in accordance with the approved stormwater
managementplans and a copy ofthe 401 is attached.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS & RAVENEL, INC.
Todd Preuninger
Senior Biologist
Attachments:
1) Approved Stormwater Plans
2) Revised PCN
3) 401 Approval
iii MacKenan Drive i Cary, NC 27511 1 tel: [phone] fax: [phone]oo8 1 www.withersravenel.com
7040 Wrightsville Avenue i Suite io1 i Wilmington, NC 28403 1 tel: [phone] fax: [phone]
Brunswick Surveying 1 1027 Sabbath Home Rd, SW i Supply, NC 28462 1 tel: [phone] fax: gio.842.8019
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal M ment Area of
Environmental Concern (see the top of page 2 for further details), check
II. Applicant Information AUG I?.008
Owner/Applicant Information DENR - WAIERQUALfiY
WETLANDS AND STORMWATER BRANCH
Name: Park Ridge Estates, LLC, Attention: James W. Raley
Mailing Address: 100 Keybridge Drive, Suite B
Morrisville NC 27560
Telephone Number: 919-677-1144 Fax Number: 919-677-9966
E-mail Address: jimmygraleyresidential.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Todd Preuninger
Company Affiliation: Withers & Ravenel
Mailing Address: 111 MacKenan Drive
Cary, NC 27511
Telephone Number: 919-469-3340 Fax Number: 919-535-4545
E-mail Address: TPreuningergwithersravenel.com
Page 1 of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Park Ridge Estates
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): Wake County Pins: 0724-93-9661, 0724-92-
6796 0734-03-0211
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): Park Ridge Estates
Directions to site (include road numbers/names, landmarks, etc.): Site is located
approximately 4000 feet north of the intersection of Green-Level West Road (SR 1615) and
Green-Level Church Road (SR 1600) in Cary, NC.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.7910734 ON 78.9001198 °W
6. Property size (acres):
7. Name of nearest receiving body of water: Bachelor Branch
8. River Basin: Cape Fear River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The general landscape is made up of farm fields with several
forested areas. The area in which the sanitary sewer line is being installed is currently
forested.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: This
project includes the installation of an 8" offsite sanitary sewer line located to the southeast of
Parkridge Estates Subdivision. Large ading equipment and excavators will be used to
install the sewer line.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide
sanitary sewer to Parkridge Estates Subdivision.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Subdivision: Wetlands were delineated by Withers & Ravenel in May 2007. Meetings were
conducted with the NC-DWQ, August 27, 2007 (IPRRO 07-036) and USACE on October 30,
2007. On December 3, 2007, 401 Certification and an isolated wetland permit were issued for
impacts to 57 linear feet of intermittent channel, 0.037 acres of 404 wetlands, and 0.146 of
isolated wetlands of the state. The 404 request "timed out" and therefore was approved by
default. A copy of the 401 and isolated wetland general permit is included in the attachments.
Sanitary Sewer: The wetland delineation for the offsite sewer was provided by the Town of Cary
and was field verified by Withers & Ravenel in June 2008.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future phases of Park Ridge Estates or additional utility impacts are anticipated at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Page 3 of 8
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: The proposed impacts associated
with the installation of the 8" gravity sanitary sewer line are as follows. Temporary stream
impacts include 26 LF of perennial/important channel and 20 LF of intermittent/unimportant
channel. Temporary wetland impacts include 5,160 SF (0.12 acres).
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/no) (linear feet)
1 Temporary Forested Yes Abutting 0.12
Total Wetland Impact (acres) 0.12
2. List the total acreage (estimated) of all existing wetlands on the property: (NA) Linear Project
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage- multinly length X width- then divide by 43560
Stream Impact Average Impact Area of
Number Stream Name Type of Impact Perennial or Stream Width Length Impact
(indicate on ma) Intermittent? Before Impact (linear feet) (acres)
1 Bachelor Branch Temporary Perennial 15-20 26 0.01
I UT to Bachelor Temporary Intermittent 10 20 0.005
Branch
Total Stream Impact (by length and acreage) 46 0.015
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation, dred2ine. flooding. drainage- bulkheads- etc_
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
NA NA NA NA NA
Total Open Water Impact (acres) NA
Page 4 of 8
5. List the cumulative impact to all Waters of the U.S. resulting from the nroiect:
Stream Impact (acres): 0.015
Wetland Impact (acres): 0.12
Open Water Impact (acres): NA
Total Impact to Waters of the U.S. (acres) 0.135
Total Stream Impact (linear feet): 46
6. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. In order to tie into the
Bachelor Branch outfall, the impacts could not be avoided. To minimize impacts, the applicant
will limit the construction corridor to the 20' thru the wetlands or waters. Due to cost it was
determined that directional drilling was not a viable option. In addition the setup of the boring
unit would require a bore pit which would result in wetland impacts as well
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Page 5 of 8
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if of(site), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Although all impacts are temporary and will be returned to preconstruction contours
mitigation is being proposed in the amount of 5,160 SF (0.12 acres) due to the fact that
wetland vegetation is being converted from forested to herbaceous.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://i2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): 0.12
Amount of Coastal wetland mitigation requested (acres): NA
Page 6 of 8
IX.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact

(square feet)
Multiplier Required

Mitigation
I NA 3 (2 for Catawba) NA
2 NA 1.5 NA
Total NA NA
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
XI
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. NA
Stormwater (required by DWQ)
Page 7 of 8
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
The proposed impervious for the subdivision is expected to be greater than 24%, therefore a
combination of constructed wetlands and filter strips will be used to treat stormwater before it
leaves the site. It is our understanding that the Town of Cary is a Phase II community, and has
been delegated to review the stormwater plans for compliance with DWQ requirements. We
have included a set of the approved stormwater management plans with the attachments.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sanitary Sewer will be utilized.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.usincwetlands. If no, please provide a short narrative description: The
proposed sewer has been designed to provide sewer only to the Parkridge Estates. In addition,
the sewer will be completed installed within a park owned by the Town of Cary. Therefore, due
to minimal pipe size, design and location of this sewer line, we do not think it will promote
additional develop which could jeopardize downstream water quality. Moreover, the Town of
Cary is a delegated Phase II community, and will required any new development to comply with
the DWQ stormwater guidelines.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to
allow processing time for these permits. However, an applicant may choose to list constraints associated with
construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates
associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's
control).
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
?0? W ATEq p
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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 3, 2007
DWQ Project # 07-1976
Wake County
Mr. James W, Raley
Park Ridge Estates, LLC
100 Keybridge Drive, Suite B
Morrisville, NC 27560
Subject Property: Park Ridge Estates
Bachelor Branch [030605,16-41-6-2-(2), WSIV, NSW]
Approval of 401 Water Quality Certification and Isolated Wetland General Permit with Additional
Conditions
Dear Mr. Raley:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.037 acres of 404/wetland, 57 linear feet of intermittent stream, and 0.146
acres of isolated wetland, as described in your application dated November 20, 2007, and received by the
Division of Water Quality (DWQ) on November 21, 2007, to construct the proposed residential
subdivision. After reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3705 (GC3705). The Certification(s) allows you to use
Nationwide Permit(s) NW29 when issued by the US Army Corps of Engineers (USACE). Also, we have
determined that this Isolated Wetland fill (0.146 acres of Isolated Wetland) is covered by the State
General Permit for Impacts to Isolated Wetlands and Isolated Waters (IWGPI 00000). 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 CANIA Permit,
and the authorization to proceed with your proposed impacts to Isolated Wetlands as depicted in
your application and as authorized by this Permit, shall expire upon expiration of IWGP100000
(September 30, 2008) or unless otherwise rescinded by the Director of the Division of Water
Quality.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new, application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
?321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: hiip://h2o.enr.state.nc.us/ncwetlands
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The Additional Conditions of the Certification are:
1. Impacts Approved
Park Ridge Estates, LLC
Page 2 of 4
December 3, 2007
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 nits Plan Location or Reference
404/Wetland 0.037 (acres) PCN page 4 of 8
Stream - intermittent 57 (linear feet) PCN page 4 of 8
Isolated Wetland 0.146 (acres) PCN page 5 of 8
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
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.
Park Ridge Estates, LLC
Page 3 of 4
December 3, 2007
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 GC3631;
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
(hltp://www.ncdot.oriz/doh/operations/BMP _manuaVdownloadBMP_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.
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
Park Ridge Estates, LLC
Page 4 of 4
December 3, 2007
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 and the Isolated Wetland Rules (IWP100000). If you have any questions, please telephone Cyndi
Karoly or Ian McMillan at 919-733-1786.
CHSlijm
Enclosures: GC3705
IWGP100000
Certificate of Completion
Sinc ely,
0oleen H. Sullins, Director
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
Filename: 071976ParkRidgeEstates(Wake)101 _I W
Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessaryto send
certificates from all of these.
Applicant's Certification
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:
Agent's Certi, f cation
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'
AA..
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.
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 213 .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 taws
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 2B .0101(e)(7) as Unique Wetlands
(UWQ 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, ill) 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. Totalinmand-Reporting of Impacts:
1. Isolatea..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.
Irimpacts 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:
1. Totaling Impacts and Application Requirements:
A. Application, Thresholds - Impacts to isolated, classified streams, wetlands and
water that exceed any of the thresholds below require a complete application and written
concurrence which may include site-specific conditions in order to use this Permit. These
thresholds apply for the entire project regardless of the number of Nationwide or
Individual Permits (if 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 lasses and oonds 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 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 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 i) 150 linear feet of
isolated stream, ii)-1/3 acre of isolated surface waters, ni) 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. Totalina.and Reporting of Imoacts: .
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 strearr?bed 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 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 wetiand.
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-Pamllco, 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 2B.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 bf 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), 2B .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 (Tr), 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 classed 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 213 .0104(m) and 2H .1000
to .1007, respectively, in addition td 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 shalt be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specked 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.
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 cyrrent 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. If stream relocation is
conducted as a stream restoration as defined in The Intemal 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 aegradation, 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 maybe 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 required to do so in writing by DWQ. For road construction purposes, this Permit
shall only be utilized from natural high ground to natural high ground;
V. Possible requirement for an. Individual Permit and Public Meetings
A. The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual Permit for any project in this category of activity that
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.place within 30 days
of..the date of issuance of the General Permit letter or the issuance of the 404 Permit
(whichever is later). A sample deed notification format can be downloaded from the
401/Wetlands Unit web site at hftt):I/h2o.enr.state.nc.us/ncwgtlands. DWQ shall be sent
copies of all deed restrictions applied to these lots;
C. When written concurrence is- required, the applicant is required to use the most recent
version of the Certificate of Completion to inform DWQ that work authorized by. this
General Permit has been completed;
0. '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 day as the expiration
date of the corresponding US Army Corps of Engineers 404 Permit (if any), whichever is
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 enforcement 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 coiidition.
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- North, Carolina General Statute 143-215.1 et al.
1. The Permit is not transferable to any person or entity except after notice to and written
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 permit request must be submitted to the Division. of Water
Quality accompanied by the appropriate fee, documentation from both parties involved,
and other supporting materials as may be appropriate. The approval of this request will
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 maybe 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.