20060613 Ver 2_401 Application_20090105

401 Water Quality Certification
for The
Windsor Oaks Water & Sewer
Extension Project
SW5006 & WT5006
For Submittal To
DWQ-Wetlands Unit
January 2009
=1? 71?CAP.ir??!
TOWN OF CARY
316 N. Academy St. - P.O. Box 8005
Cary, North Carolina 27512-8005

(919) 46 0-4948 CHEC K NO. G /'+O 10
M PO VOUCHER INVOICE DESCRIPTION •
12/31/2008 186158 PI4717 EXPRESSREVIEW MISC SERVICES 3,000.00
NC DIV OF WATER QUALITY 624333 • . 000. 00
TOWN OF CARY
316 N. Academy St. - P.O. Box 8005
Cary, North Carolina 27512-8005
[phone]
WACHOVIA 66-155 274813
WACHOVIA BANK, N.A. 531
CARY, NC 27512
PAY THREE THOUSAND AND 00/100 DOLLARS
TO THE NC DIV OF WATER QUALITY
ORDER 401/WETLANDS UNIT
OF 1650 MAIL SERVICE CENTER
RALEIGH NC 27699
u¦ 2 7 48 1311'
THIS DISBURSEMENT HAS BEEN APPROVED AS REQUIRED BY
THE LOC L GOVERNMENT BUDGET AND FISCAL CONTROL ACT.
a
TREASURER'
1:0s3 10 156 11: 2079900 1206 6 611'
ENGINEERING DEPARTMENT
January 5, 2009
DWQ Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Attn: Cyndi Karoli and Lia Gilleski
Re: NC DWQ 401 Water Quality Certification
Windsor Oaks Water and Sewer Extension Project
Dear Ms. Karoli,
Please find five copies of the 401/PCN Water Quality Certification Application
submittal for the Windsor Oaks Water and Sewer Extension Project enclosed. Since
the 404 Permit has already been issued, I did not forward another copy of this permit
to the USACE. I have included a copy of the approved Nationwide 12 Permit, dated
November 18, 2008.
If you have any questions, or need any other information concerning this application,
please do not hesitate to contact me directly at 919-469-4335 or by email at
jarrod. buchananCc?townofcary.org.
Sincerely,
Jarrod A. Buchanan, P.E.
Project Manager
Enclosures
RAEngineeringDept\PROJECTS (Capital)\Sewer\SW5006 - Windsor Oaks - Jarrod\Permits\DWQ 401 Permit\401 Cover Letter.doc
TOWN Of CARY
316 North Academy Street -Cary, NC 27513-PO Box 8005-Cary, NC 27512-8005
te1919-469-4030 - fax [phone]- www.townofcary.org
Version 1.3
December 18, 2008
401 Oversight/Express Permitting PCN Submittal Checklist
40 The application fee (Checks may be made out to "N.C. Division of Water Quality" No(?IooG.'
- $240.00 for 401 Water Quality Certification with minor impacts J
# M Z_Z.
- $570.00 for 401 Water Quality Certification with major impacts 30)00 ?Uffet
[g Five (5) complete and collated copies of the PCN Application and supporting
documentation (instead of providing 5 copies of the full size plans you may provide
two copies of full size plans along with three copies of 11 X 17 plans)
® Stormwater Management Plan (if applicable - see PCN Form Help File Section E)
N? 1) Please provide three (3) copies of the stormwater management plans along with
all supporting information pertaining to this project including the following:
a. Entire site development/layout plans delineating all drainage areas;
b. Design calculation sheets for all proposed BMPs) sized for both on-
site and off-site drainage;
c. BMP supplements for each proposed BMP and Required Items Check
List (http:l/h2o.enr.state.nc.us/su/bmp forms.htm) along with all
required items;
d. A Notarized Operation & Maintenance Agreement for each
stormwater management facility;
e. Detailed construction drawing sheets shall include
(i) Erosion and sediment control plans;
(ii) Installation and planting schedules for the proposed BMPs;
(iii) Appropriately scaled plan views and cross sectional details of
all BMPs and associated components - inlet and outlet
structures, forebay, respective zones and pertinent elevations.
© If your project is located within a State implemented Riparian Buffer Rule Area,
"/A submit the following along with site plans and PCN form:
1) Three (3) copies of the details for on-site diffuse flow provisions, (refer to
http://h2o.enr.state.nc.us/su/bmp_jorms.htm).
© DWQ Stream Determination Forms for streams on property and DWQ
WA determination letter for wetlands or streams (if applicable).
The following is the most critical of all the information that you must provide. The quality
and detail of the information will often determine the expeditiousness of the review. The
following is a checklist of the types of pertinent information required at a minimum:
Maps and Plans:
I? The most recent version of the 1:24,000 USGS Topographic Map - Please cleanly
draw or delineate the site boundaries on the topographic map.
The most recent version of the bound and published County NRCS Soil Survey
Map - (required for projects within the Neuse River Basin, Tar-Pamlico River Basin,
Randleman Lake Watershed and the Catawba River Basin, also recommended for
all projects) - Please cleanly delineate the site boundaries, etc. on the map. If the
delineation obscures any of the features, it is recommended that a clean copy be
provided. Copies of the current soil survey and/or soil survey map sheets can be
Version 1.3
December 18, 2008
be indicated. Please provide cross sectional details showing the provisions for
aquatic life passage (burial of culvert 20% for culverts <_ 48 inches, and 1-foot for
culverts > 48 inches).
Wetland Impacts:
Precise grading and final elevation contours must be provided. Existing
vegetation and any clearing must be specified.
All subsurface utility lines must indicate the location of anti-seep collars.
Construction detail for anti-seep collars must be provided.
Roadway or other crossings of riparian wetlands may require floodway
culverts to maintain existing hydrological conditions.
Plans should show that the hydrology of remaining wetlands on the site
will be maintained.
Stream Impacts:
® Stream impacts must be clearly shown on the plans. The centerline as
well as the banks of the stream must be surveyed or located by GPS for
the portion of the stream to be impacted.
® The inlet and the outlet of all culverts should be aligned with the stream
N/^. as much as possible. Inlet and outlet elevations and streambed
elevations should be indicated. Any inlet or outlet protection must be
shown and enumerated on the impact map(s).
For bottomless culverts or other spans, a vertical cross section should
N? be provided that shows the minimum distance from each span to each
stream bank, the stream cross section, the height of the span above the
stream and the minimum distance from the edge of each footer to each
stream bank. Additionally, please provide a signed and sealed
geotechnical report of subsurface soils at the proposed bottomless
culvert location. The report must comply with the Division of Highways -
Guidelines for Drainage Studies and Hydraulic Design, prepared by A.L.
Hankins, Jr., State Hydraulics Engineer - 1999.
® Multiple culverts or sectioned box culverts typically require the use of sills,
fr1A off-setting or other means to match the cross section of the existing
stream (in order to maintain stream stability and provide aquatic life
passage). A vertical cross section of the culverts should be shown
overlain with the up and downstream stream cross section including the
stream flood-prone area.
Impacts associated with dam construction must indicate and enumerate
K/A all fill associated with the dam footprint, spillway and any bank stream
bank stabilization. The length of stream impounded must also be
indicated and enumerated.
ENGINEERING DEPARTMENT
January 5, 2009
DWQ Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Attn: Cyndi Karoli and Lia Gilleski
Re: NC DWQ 401 Water Quality Certification
Windsor Oaks Water and Sewer Extension Project
Dear Ms. Karoli,
Please find five copies of the 401/PCN Water Quality Certification Application
submittal for the Windsor Oaks Water and Sewer Extension Project enclosed. Since
the 404 Permit has already been issued, I did not forward another copy of this permit
to the USACE. I have included a copy of the approved Nationwide 12 Permit, dated
November 18, 2008.
If you have any questions, or need any other information concerning this application,
please do not hesitate to contact me directly at 919-469-4335 or by email at
jarrod.buchanan(a)-townofcary.org.
Sincerely,
?-
Jarrod A. Buchanan, P. E.
Project Manager
Enclosures
RAEngineeringDepAPROJECTS (Capital)\Sewer\SW5006 - Windsor Oaks - Jarrod\Permits\DWQ 401 Permit\401 Cover Letter.doc
TOWN Ot CARY
316 North Academy Street -Cary, NC 27513-PO Box 8005-Cary, NC 27512-8005
te1919-469-4030 - fax [phone]- www.townofcary.org
NC DWQ 401/PCN APPLICATION
FOR
WINDSOR OAKS WATER AND SEWER
EXTENSION PROJECT
PROJECT NO. SW 5006 & WT 5006
JANUARY 2009
TOWN OF CARY
WAKE COUNTY, NORTH CAROLINA
MAYOR: HAROLD WEINBRECHT, JR.
DEPUTY TOWN CLERK: KAREN GRAY
INTERIM TOWN MANAGER: BENJAMIN T. SHIVAR
DIRECTOR OF ENGINEERING: TIM BAILEY, P.E.
Version 1.3
December 18, 2008
obtained from the local NRCS County Office (http://www.nc.nres.usda.gov/). GIS
soil layers are not acceptable.
Vicinity map - Please clearly mark the location and approximate boundaries of the
property and project on the map. Please indicate north arrow and scale. Please
include applicable road names or State Road numbers.
The Site Plan - The most critical map to be provided is the site plan. You must
provide full sized plans. The following is the minimum list of plans that are typically
needed.
] Pre-construction/Pre-existing conditions - This sheet (or sheets) must include:
• All jurisdictional and non-jurisdictional wetland, stream, water features, State
regulated buffers (delineated into Zones 1 and 2)
• Topographic contours with elevations
• Any existing structures and impervious areas
• Existing utility lines and easements
• Existing roads, culverts, and other pertinent features
• North arrow and the scale (1":50' scale is recommended).
[ Proposed conditions - This sheet (or sheets) must include:
• All jurisdictional and non-jurisdictional wetland, stream, water features, State
regulated buffers (delineated into Zones 1 and 2)
• Lot layout (if a subdivision is proposed) - lots must be developable without further
impacts to jurisdictional and non-jurisdictional wetlands streams water features
and State regulated buffers. Building envelopes must be provided when streams,
wetlands, riparian buffers, or water features exist on a lot.
• All built-out structures and impervious cover
• Final grading contours with elevations
• All utilities and easements (including septic fields on all lots within 100 feet of
stream, wetland, or water features - if applicable)
• Impacted areas - these should correspond with the Impact numbers listed on
your PCN form.
Drainage Plans - Final drainage plans must include the following:
N/A • Locations and pertinent elevations and sizes of the stormwater collection system
and drainage ways
• All inlets and outlets must also be shown with pertinent elevations (All outlets to
wetlands must be at a non-erosive velocity, generally less than 2 ft/sec during the
peak flow from the 10-yr storm)
• Scaled stormwater BMPs must also be indicated as required by DWQ rules and
policies
• In certain cases (see Section E of PCN form), final stormwater management
plans must also be provided (see Stormwater Management Plan Checklist)
Proposed Impacts - All impacts to jurisdictional and non-jurisdictional wetland,
stream, water features, and State regulated buffers must be shown and labeled on
the site plans at a scale no smaller than 1" = 50'. All excavation, fill, flooding,
stabilization, and other impacts that will be conducted in or near jurisdictional and
non-jurisdictional wetland, stream, water features, and State regulated buffers must
PCN APPLICATION FOR DWQ 401 WATER QUALITY CERTIFICATION
FOR
' WINDSOR OAKS WATER AND SEWER EXTENSION PROJECT
TABLE OF CONTENTS
' SECTION 000 COVER SHEET
SECTION 100 TABLE OF CONTENTS
SECTION 200 PCN APPLICATION
' COPY OF CHECK
EXPRESS REVIEW ACCEPTANCE LETTER
ATTACHMENT A TABLE 1 - PROPERTY OWNERSHIP INFORMATION
'
ATTACHMENT B TABLE 1 - PROPERTY IDENTIFICATION
ATTACHMENT B-2 WATER QUALITY CLASSIFICATION
' ATTACHMENT B-3 PROJECT DESCRIPTION
ATTACHMENT B-4 USACE JURISDICTIONAL DETERMINATION
ATTACHMENT B-5 PROJECT HISTORY
' USACE NATIONWIDE PERMIT NUMBER 12 - SAW 2006-20569
USACE NATIONWIDE PERMIT NUMBER 12 - CONDITIONS
WATER QUALITY CERTIFICATION NO. 3699
USACE NATIONWIDE PERMIT NUMBER 12 - SAW 2006-20569
DWQ 401 WATER QUALITY CERTIFICATION
' NC DOT ENCROACHMENT AGREEMENT
ATTACHMENT C-6 NC ADMINISTRATIVE CODE - PAGES 56-59
SECTION 300 APPENDIX
' VICINITY MAP
SITE PLAN MAP
STREAM CROSSING LOCATION MAP
CROSSING AND BUFFER IMPACT MAP #1
CROSSING AND BUFFER IMPACT MAP #2
' CROSSING AND BUFFER IMPACT MAP #3
WETLAND IMPACT MAP #1
WETLAND IMPACT MAP #2
' WETLAND IMPACT MAP #3
TOPOGRAPHIC MAP
' SOILS MAP
NRCS SOILS MAP - SHEET 75
NRCS SOILS MAP - DIGITAL VERSION - SHEET 75
t PROPERTY OWNERSHIP MAP
PROPERTY OWNERSHIP LIST
SW 5006 & WT 5006 Section 100-1 PCN Application for
DWQ 401 Water Quality Certification
' OF W A rF9
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the

Corps:

Section 404 Permit ®Section 10 Permit
FED
1b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
® 401 Water Quality Certification - Express ® Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

® Yes ? No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ? No
2. Project Information
2a. Name of project: Windsor Oaks Water and Sewer Extension Project - MODIFICATION
2b. County: Wake
2c. Nearest municipality / town: Cary, NC
2d. Subdivision name: Windsor Oaks
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed: Town of Cary
3b. Deed Book and Page No. See Attachment A, Table 1.
3c. Responsible Party (for LLC if
applicable):
3d. Street address: P.O. Box 8005
3e. City, state, zip: Cary NC 27513-8005
3f. Telephone no.: 919-469-4335
3g. Fax no.: 919-388-5806
3h. Email address: [e-mail]
Page 1 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner) - N/A
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable) - N/A
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 10

u
1

r

B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): See Attachment B, Table 1.
1 b. Site coordinates (in decimal degrees): Latitude: 74.713597 Longitude: - 35.793677
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 4.64 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Dutchmans Branch
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-III; NSW. See Attachment B-2.
2c. River basin: Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
See Attachment B-3.
3b. List the total estimated acreage of all existing wetlands on the property:
5.63 acres.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3,680 feet.
3d. Explain the purpose of the proposed project:
See Attachment B-3.
3e. Describe the overall project in detail, including the type of equipment to be used:
See Attachment B-3.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ® Yes ? No ? Unknown
project (including all prior phases) in the past.
Comments: See Attachment B-4.
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: EcoScience Corporation
Name (if known): David G. Modlin, Jr. R.L.S. Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Approved: 03/23/2006. Expiration Date: 03/23/2010. See Attachment B-4.
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
See Attachment B-5.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 3 of 10
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ®T M, E H, S ? Yes
® No ® Corps
? DWQ 0.0504
W2 ? P ®T M, E H, S ? Yes
® No ® Corps
? DWQ 0.0684
W3 ? P ®T M, E H, S ? Yes
® No ® Corps
? DWQ 0.0494
W4 ? P ® T M, E H, S ? Yes
® No ® Corps
? DWQ 0.3008
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.47
2h. Comments: M = Mechanized clearing; E = Excavation
H = Herbaceous; S = Scrub / shrub
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g•
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ®T M, E Dutchmans Branch ® PER
? INT ® Corps
? DWQ 10 20
S2 ? P ®T M,E UT to Dutchmans
Branch ? PER
® INT ® Corps
? DWQ g 20
S3 ? P ®T M, E Dutchmans Branch ® PER
? INT ® Corps
? DWQ 52 20
? PER ? Corps
S4 ? P ? T ? INT ? DWQ
? PER ? Corps
S5 ? P ? T ? INT ? DWQ
? PER ? Corps
S6 ? P ? T ? INT ? DWQ
3h. Total stream and tributary impacts 60
3i. Comments: Streambed at S3 was widened and lined with stone when storm drains were installed as part of the
neighborhood development/roadway construction. The average stream width is 10-feet before and after the roadway
crossing. See plans for verification. The existing streams have rock bottoms. The invert of the streams will be replaced with
similar stone or rip rap to the preconstruction invert.
M = Mechanized clearing; E = Excavation
Page 4 of 10
PCN Form - Version 1.3 December 10, 2008 Version '
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
0. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded ' Filled Excavated Flooded
P1
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this forma
6a.
® Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
B1 ? POT NEW Dutchmans Branch ? Yes
® No 2,424 1,633

?
B2 POT NEW Dutchmans Branch ? Yes

® No 0 2,172
B3 ? P ® T NEW Dutchmans Branch and UT to ? Yes

Dutchmans Branch
® No 1,824 2,432

64 ? P ®T NEW
Dutchmans Branch ? Yes
®No
1,175
994

B5 ? P ®T NEW
Dutchmans Branch ? Yes
®No
0
1,153
6h. Total buffer impacts 5,423 8,384
6i. Comments: NEU1 = Non-electric utility line, perpendicular crossing of stream, that disturbs less than 40 linear feet of
riparian buffer with maintenance corridor equal to or less than 10 feet in width. See Attachment C-6.
Page 5 of 10
D. impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See Attachment D-1.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
See Attachment D-1.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank
? Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form - Version 1.3 December 10, 2008 Version ,
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ®No
Comments: Not adding any impervious surface or changing grade of topography.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 1 %
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Utility project permitted under NW12.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review

3a. In which local government's jurisdiction is this project?
? Phase II
? NSW
3b. Which of the following locally-implemented stormwater management programs ? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
? Yes ? No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 8 of 10
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
N/A. No new waste water will be generated with this project.
Page 9 of 10
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
F1 Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
None. Project lies within an existing, fully-developed neighborhood.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
None. Project lies within an existing, fully-developed neighborhood.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
None. Project lies within an existing, fully-developed neighborhood.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA FIRM Panel 0761, Map # 3720076100J

Jarrod A. Buchanan, P.E.
W A-01107008
11

Applicant/Agent's Printed Name Applicant/ Agent's Signature
(Agent's ignature is valid only if an authorization letter from the applicant Date
is provided.)
Page 10 of 10
16 N. Academy St. - P.O. Box 8005
Cary, North Carolina 27512-8005

[phone] CHEC K NO. e-1 '+0 10
• PO VOUCHER INVOICE DESCRIPTION
1111
•
12/31/2008 186158 PI4717 EXPRESSREVIEW MISC SERVICES 3,000.00
DIV OF WATER QUALITY 624333 • . '--.3,000.00
TOWN OF CARY
16 N. Academy St. - P.O. Box 8005
Cary, North Carolina 27512-8005
' [phone]
WACHOVIA 65-155
WACHOVIA BANK, N.A. 531
CARY, INC 27512
274813
I b243.3J
3AY THREE THOUSAND AND 00/100 DOLLARS
(0 THE NC DIV OF WATER QUALITY
)RDER 401/WETLANDS UNIT
1650 MAIL SERVICE CENTER
RALEIGH NC 27699
THIS DISBURSEMENT HAS BEEN APPROVED AS REQUIRED BY
THE LOC L GOVERNMENT BUDGET AND FISCAL CONTROL ACT.
a
TREASURER
' 11' 2 748 1 311' IIM S 3 LO L 56 L1: 20 79900 L 2066611'
DEC-29-2008 14:56 FROM:DWQ-WETLANDS 9197336893
o't tv vN arFR ?
> r
y
Q `C
EXPRESS PERMIT REVIEW PROGRAM
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express RevIerv Permitting Unit

Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 276042260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone [phone]
Fax #: [phone]
Fax To: Tarrod Buchanan
Subject: Windsor Oaks Water & Sewer Ext.
Number of pages including cover sheet: 2
Notes or special instructions:
TO:93885806 P:1/2
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environmcnt and Natural .Resources
Colccn H. Sullins, Director
Division of water Quality
Fax #: [phone]
Date: December 29, 2008
The on i tal will be sent in the mail. If you have uestions lease contact Lia M you Gilleski at 919-733-9502.
Carolina
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, ltnleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, suite 250, Raleigh, North Carolina 27604
Phone [phone] Fat [phone]
lnternct: ;/lfiApjgnr,$talc tt&.us -etlands
An Equal OpportunWAfArmative Action Employer- 50% REC.ycledl111% Post Consumer Papsr
DEC-29-2008 14:56 FROM:DWQ-WETLANDS 9197336893
rFgQc
a? W a
o
r
fl ?
December 29, 2008
EXPRESS REVIEW ACCEPTANCE LETTER
'own of Cary, Engineering Department
Attn: Mr. Jarrod Buchanan
P.Q. Box 8005
Cary, NC 27512-8005
Project Name: Windsor Oaks Water and Sewer Extension Project
Colccn H. Sullins, Director
Division of Water Quality
Wake County
On December 29, 2008, the 401. Oversight/Express Permitting Unit of the Division of Water Quality received
your request regarding a project known as "Windsor Oaks Water and Sewer Extension Project" for acceptance
into the Express Review Program. This letter advises you that your project will be accepted into the Express
Review Program once the following items are received:
1) The application fee of $3,000.00 [for 401 Water Quality Certification with minor impacts ($1,000) and
Riparian Buffer Authorization ($2,000)), made payable to the North Carolina Division of Water Quality);
2) One (1) copy of the completed PCN Submittal Checklist
(http;//h2o.enr.state.nc,us/newetlands/applying.html);
3) Five (5) complete and collated copies of the PCN Application and supporting documentation - see PCN
Checklist (instead of providing 5 copies of the full size plans you may provide two copies of the full size
plans along with three copies of 11. X 17 plans); and
4) One (1) data CD of full size plans in TIFF Group 4 format (black and white, not grayscale or color). If the
plans are too large to store in TIFF format, they can be stored in PDF.
Additionally, a pre-application meeting is required prior to the submittal of your completed application package.
Your meeting is scheduled for January 5, 2009 at 10:30am. The clock for this project will not start until receipt of
the completed application package and required fee are received. If the impacts are greater than indicated on the
initial Interest Form and/or the sorviccs arc different, you may be required to remit an additional fee. If you have
any questions or wish to discuss these matters further please do not hesitate to call Lia Myott Gilleski at 919-733-
9502.
Sincerely,
-IXA
Cyndi Karoly, Supervisor
401/Express Review Oversite Unit
CBY,Ilrng
cc; File copy
Matt Matthews, DWQ Wetlands & Stormwater Branch Manager
4o1 overdo t Expteas Review Permltting Unit
1650 Mail Servim Center, Raleigh, North Camfim 27899 I W
2321 Crdbtrao Baule" d, Suite 250, Raleigh, North Carolina 27604
httn:Nh2o.av.state.ns usfprwctlsnds
Phone; 919.733r1796IFAX919-7W893IInternet
Michael F. Easley, Governor
William G. Ross Jr„ Secretary
North Carolina Department of Environment and Natural Resourms
T0:93885806 P:2/2
Nor Carol!ina
?utrtra!!?
An Equal opp4rtunkyfAlfin-r%M Adlon Employe(-60% Racydedt10%FOSt 00I)SWO Paper
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Name of Stream Description Curr. Class ATTACHMENT B-2
Date Basin Stream Index #
I
Williams Creek From source to Swift WS-III;NSW 08/03/92 Neuse 27-43-2
Creek
'
MacGregor Downs Entire lake and WS-III;NSW 08/03/92 Neuse 27-43-2.2
Lake connecting stream to
Swift Creek
' Regency Park Lake Entire lake and WS-III;NSW 08/03/92 Neuse 27-43-2.5
connecting stream to
Swift Creek
' Long Branch From source to Swift WS-III;NSW 08/03/92 Neuse 27-43-2.8
Creek
Lynn Branch From source to Swift WS-III;NSW 08/03/92 Neuse 27-43-3
(Meadows Creek) Creek
'
(Lochmere Lake)
Speight Branch From source to Swift WS-III;NSW 08/03/92 Neuse 27-43-3.5
' Creek
Woodys Lake Entire lake and WS-III;NSW 08/03/92 Neuse 27-43-4
connecting stream to
Swift Creek
' Dutchmans Branch From source to Swift WS-III ;NSW 08/03/92 Neuse 27-43-4.5
Creek
Unnamed From dam at Silver WS-III;NSW 08/03/92 Neuse 27-43-5-(1.5)
t
Tributary to Lake to a point 0.5
Swift Creek mile upstream of mouth
(Yates Mill Pond)
' Unnamed From source to dam at WS-III,B;NSW 04/01/94 Neuse 27-43-5-(1)
Tributary to Silver Lake
Swift Creek
(Silver Lake)
' Unnamed From a point 0.5 mile WS-III;NSW,CA 08/03/92 Neuse 27-43-5-(2)
Tributary to upstream of mouth to
Swift Creek Swift Creek
' Buck Branch From source to a point WS-III;NSW 08/03/92 Neuse 27-43-6-(1)
0.6 mile upstream of
mouth
' Buck Branch From a point 0.6 mile WS-III;NSW,CA 08/03/92 Neuse 27-43-6-(2)
upstream of mouth to
Lake Benson, Swift
Creek
' Reedy Branch From source to a point WS-III;NSW 08/03/92 Neuse 27-43-7-(1)
0.5 mile upstream of
mouth
' Reedy Branch From a point 0.5 mile WS-III;NSW,CA 08/03/92 Neuse 27-43-7-(2)
upstream of mouth to
Lake Benson, Swift
Creek
' Mahlers Creek From source to Swift C;NSW 05/01/88 Neuse 27-43-9
Creek
Black Creek
(Partins Pond, From source to dam at
Panther Lake B;NSW 05/01/88 Neuse 27-45-(1)
Panther Lake)
Black Creek From dam at Panther C;NSW 05/01/88 Neuse 27-45-(2)
' Lake to mouth of
Sassarixa Creek

Page 11 of 13
2008-12-27 06:12:18
Attachment B-3
Town of Cary - Windsor Oaks Water & Sewer Extension Project
DWQ 401 Water Quality Application
LOCATION INFORMATION
This proposed project is located within the 80-acre Windsor Oaks Subdivision. This residential
community is located approximately 0.35 miles west of the intersection of Kildaire Farm Road
and Penny Road, in Cary, NC. Please refer to the Vicinity Map included in the application.
The water and sewer lines will be installed along Penny Road, Bridgeford Drive, Woodington
Court, Astor Court, Dexhill Drive, Kingsford Drive, and Kildaire Farm Road.
EXISTING CONDITIONS AND GENERAL LAND USE
Please refer to the plans included in the application for a detailed layout of the project. Also,
included is a Contour Map of the project area, showing the existing topography. There are no
changes planned to the topography. The construction areas will be returned to their existing
grade and slope.
The project area is inside an established neighborhood. There are 90 homes within the
neighborhood, and no vacant building lots. The average home size is approximately 2,500
square feet. The homeowners maintain their yards with many using irrigation systems.
Several different versions of the Soils Map for this area have been included for your review.
These maps delineate each different soil type, and its location across the entire project area.
Dutchmans Branch runs through the middle of the neighborhood, with several smaller streams
emptying into it. The Site Plan Map and the Stream Crossing Map clearly delineate the
existing streams within the project area.
PURPOSE OF PROJECT
Windsor Oaks Subdivision was annexed by the Town of Cary in 2003. Subsequently,
residents of Windsor Oaks petitioned the Town of Cary to provide water and sewer service to
the subdivision. At present, residents of Windsor Oaks are provided water and sewer service
by Aqua North Carolina, Inc., a private utility provider.
The purpose of this project is two-fold. First, new water mains will be installed in portions of
the subdivision as required to develop flow capacity and pressure requirements for fire
protection. These new water mains will be connected to the Town of Cary water system at
Penny Road to the north and Kildaire Farms Road to the south, providing residents with a
more reliable source of potable water as well as fire protection capabilities. Secondly, gravity
sewer mains will be installed throughout the subdivision to provide a more reliable means of
sewage collection than the low pressure sewer system currently serving Windsor Oaks
residents. Presently, each home within the subdivision has a septic tank and effluent pump
that discharges sewage into a manifold piping system delivering wastewater flows to the Town
of Cary sewage collection system. The low pressure sewer system currently in operation has
been problematic, requires considerable maintenance, and is no longer economically feasible
to operate.
1
ATTACHMENT B-4
U.S. AMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200620569 County: Wake U.S.G.S. Quad: Apex
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Town of Carv
Attn: Mike Babuin
Address: PO Box 8005
Carv, NC 27512
Telephone No.: 919-462-3931
Size and location of property (waterbody, road name/number, town, etc.) The property is located between
Kildaire Farm Road and Penny Road along Dutchmans Branch in Windsor Oaks near Cary in Wake
County, NC.
Indicate Which of the Following Apply:
Based on preliminary information, there may be Wetlands and Streams on the above described property. We
strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional. determination must be verified by the Corps.
X There are Wetlands and Streams on the above described property subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
' _ We strongly suggest you have the Wetlands and Streams on your property delineated. Due to the size of
your property and/or our present workload, the Corps may not be able to accomplish this wetland
delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be
considered final, any delineation must be verified by the Corps.
' _ The Wetlands and Streams on your property have been delineated and the delineation has been verified by
the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should
' be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all
areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our
published regulations, may be relied upon for a period not to exceed five years.
' X The Wetlands and Streams have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on March 23, 2006. Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five
years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
' the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Washington, NC, at [phone] to determine their requirements.
Remarks:
Corps Regulatory Official: Monte Matthews
Date March 23, 2006
Expiration Date March 23, 2011
Page 1 of 2
2The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or '
barriers, natural river berms, beach dunes, and the like are also adjacent.
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Town of Cary File Number: 200620569 Date: March 23, 2006
Attn: Mike Babuin
At tached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at http://www.usace.army.mil/inet/functions/cw/cecwo/reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
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Attachment B-5
Town of Cary - Windsor Oaks Water & Sewer Extension Project
DWQ 401 Water Quality Application
ISSUED PERMITS
o USACE Nationwide Permit Number 12 - SAW 2006-20569
o Original Issuance date - 05/10/2006
o Re-Issuance Date- 11/18/2008
o Copies of these Permits are attached.
o DWQ 401 Water Quality Certification - Dutchmans Creek
o Issuance Date - 04/27/2006
o Copy of this permit is attached.
PERMITS TO BE ACQUIRED
o DWQ Erosion Control Permit
o Being compiled and to be submitted.
1
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT a
Action ID. 2006205,69 revised 11/18/08 County: Wale USGS Quad: AEex
' GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Dr. Mike Pabuin
Address: Town of Cary, )Engineering Department
318 N. Academy Street
Cary, NC 27511
' Telephone No.: 919-462-3836
Size and location of property (water body, road name/number, town, etc,): The project site is located on the east and
' west side of the Kinsford Drive crossing at Dutchmans Creek in Wake County NC. This project is identified as
the Windsor Oaks Water and Sewer Extension.
Description of projects area and activity: This permit authorizes 0.47-acre of temporarv wetland impacts during
the extension of water and sewer Lines. Mitigation has been provided previousiy for estimated permant riparian
wetland impacts (0.48 acres) that turned out to be temporarv (see Permit Conditions below)
' Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to
be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to
the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under
contract to commence this activity.before the date that the relevant nationwide permit is modified or revoked, you will
have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the
present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time,
exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any
NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine Section
401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management
Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not rel ieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers
regulatory program, please contact Monte Matthews at [phone] x30.
Permit Condition: In order to compensate for impacts to 0.24-acre of riparian wetland the permittee shall make
payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP,
sufficient to perform the restoration of 0.24-acre of riparian wetlands in the Neuse River Basin, Cataloging Unit
03020201.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the
NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP has provided written

confirmation to the Corps that it agrees to accept responsibility for the mitigation wort: required, in compliance with the
MOU between the North Carolina Department of Environment and Natural Resources and the United States Army
Corps of Engineers, Wilmington District, dated November 4, 1998.
"Note: Habitat type may be described as found in Schafale and Wealcley, Classification of the ¦
Natural Communities of North Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979),
Classification of Wetlands and Deepwater J?abitats of the of the United States
Corps Regulatory Official -James Shern \ ? Date: November 11, 2008
Expiration Date of Verification: November 10,P010
' NATIONWIDE PERIMIT 12
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERI` UTS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2007
' Utility ]Live Activities. Activities required for the construction, maintenance, repair, and
removal of utility lines and associated facilities in waters of the United States, provided the
activity does not result in the loss of greater than 1/2 acre of waters of the United States.
' Utility lines: This NWP authorizes the construction, maintenance, or repair of utility
lines, including outfall and intake structures, and the associated excavation, backfill, or bedding
for the utility lines, in all waters of the United States, provided there is no change in pre-
construction contours. A "utility line" is defined as any pipe or pipeline for the transportation of
any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire
for the transmission for any purpose of electrical energy, telephone, and telegraph messages, and
radio and television communication. The term "utility line" does not include activities that drain
a water of the United States, such as drainage tile or french drains, but it does apply to pipes
conveying drainage from another area.
Material resulting from trench excavation may be temporarily sidecast into waters of the
United States for no more than three months, provided the material is not placed in such a
manner that it is dispersed by currents or other forces. The district engineer may extend the
' period of temporary side casting for no more than a total of 180 days, where appropriate. In
wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from the
trench. The trench cannot be constructed or backfilled in such a manner as to drain waters of the
' United States (e.g., backfilling with extensive gravel layers, creating a french drain effect). Any
exposed slopes and stream banks must be stabilized immediately upon completion of the utility
line crossing of each waterbody.
Utilitv line substations: This NWP authorizes the construction, maintenance, or
expansion of substation facilities associated with a power line or utility line in non-tidal waters
of the United States, provided the activity, in combination with all other activities included in
' one single and complete project, does not result in the loss of greater than 1/2 acre of waters of
the United States. This NWP does not authorize discharges into non-tidal wetlands adjacent to
tidal waters of the United States to construct, maintain, or expand substation facilities.
Foundations for overhead utility line towers poles and anchors: This NWP authorizes
the construction or maintenance of foundations for overhead utility line towers, poles, and
anchors in all waters of the United States, provided the foundations are the minimum size
' necessary and separate footings for each tower leg (rather than a larger single pad) are used
where feasible.
Access roads: This NWP authorizes the construction of access roads for the construction
and maintenance of utility lines, including overhead power lines and utility line substations, in
non-tidal waters of the United States, provided the total discharge from a single and complete
- project does not cause the loss of greater than 1/2-acre of non-tidal waters.of the United States.
' his NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters for
access roads. Access roads must be the minimum width necessary (see Note 2, below). Access
roads must be constructed so that the length of the road minimizes any adverse effects on waters
of the United States and must be as near as possible to pre-construction contours and elevations
(e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above pre-
construction contours and elevations in waters of the United States must be properly bridged or
culverted to maintain surface flows.
This NWP may authorize utility lines in or affecting navigable waters of the United
States even if there is no associated discharge of dredged or fill material (See 33 CFR Part 322).
Overhead utility lines constructed over section 10 waters and utility lines that are routed in or
under section 10 waters without a discharge of dredged or fill material require a section 10
permit.
This NWP also authorizes temporary structures, fills, and work necessary to conduct the
utility line activity. Appropriate measures must be taken to maintain normal downstream flows
and minimize flooding to the maximum extent practicable, when temporary structures, work, and
discharges, including cofferdams, are necessary for construction activities, access fills, or
dewatering of construction sites. Temporary fills must consist of materials, and be placed in a
manner, that will not be eroded by expected high flows. Temporary fills must be removed in
their entirety and the affected areas returned to pre-construction elevations. The areas affected by
temporary fills must be revegetated, as appropriate.
Notification: The permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity if any of the following criteria are met: (1) the activity
involves mechanized land clearing in a forested wetland for the utility line right-of-way; (2) a
section 10 permit is required; (3) the utility line in waters of the United States, excluding
overhead lines, exceeds 500 feet; (4) the utility line is placed within a jurisdictional area (i.e.,
water of the United States), and it runs parallel to a stream bed that is within that jurisdictional
area; (5) discharges that result in the loss of greater than 1/10-acre of waters of the United States;
(6) permanent access roads are constructed above grade in waters of the United States for a
distance of more than 500 feet; or (7) permanent access roads are constructed in waters of the
United States with impervious materials. (See general condition 27.). (Sections 10 and 404)
Note 1: Where the proposed utility line is constructed or installed in navigable waters of
the United States (i.e., section 10 waters), copies of the pre-construction notification and NWP
verification will be sent by the Corps to the National Oceanic and Atmospheric Administration
(NOAA), National Ocean Service (NOS), for charting the utility line to protect navigation.
Note 2: Access roads used for both construction and maintenance may be authorized,
provided they meet the terms and conditions of this NWP. Access roads used solely for
construction of the utility line must be removed upon completion of the work, accordance with
the requirements for temporary fills.
Note 3: Pipes or pipelines used to transport gaseous, liquid, liquescent, or slurry
substances over navigable waters of the United States are considered to be bridges, not utility
lines, and may require a permit from the U.S. Coast Guard pursuant to Section 9 of the Rivers
and Harbors Act of 1899. However, any discharges of dredged or fill material into waters of the
United States associated with such pipelines will require a section 404 permit (see NWP 15).
2
NATIONWIDE PERMIT CONDITIONS
The following General Conditions must be followed in order for any authorization b a NVVP to
be valid:
1. Navigation. (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations
or otherwise, must be installed and maintained at the permittee's expense on authorized facilities
in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
3
alter the structural work or obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such removal or alteration.
2. Ac uatic Life Movements. No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound
water. Culverts placed in streams must be installed to maintain low flow conditions.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
through excavation, fill, or downstream smothering by substantial turbidity) of an important
spawning area are not authorized.
4. Migratory Bird Breedin; Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and
48.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply intake
structures or adjacent bank stabilization.
. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting
its flow must be minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre-construction
course, condition, capacity, and location of open waters must be maintained for each activity,
including stream channelization and storm water management activities, except as provided
below. The activity must be constructed to withstand expected high flows. The activity must not
restrict or impede the passage of normal or high flows, unless the primary purpose of the activity
is to impound water or manage high flows. The activity may alter the pre-construction course,
condition, capacity, and location of open waters if it benefits the aquatic environment (e.g.,
stream restoration or relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-
approved state or local floodplain management requirements.
11. Eauipment. Heavy equipment working in wetlands or mudflats must be placed on
mats, or other measures must be taken to minimize soil disturbance.
4
' 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
' line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low-flow or no-flow.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and
' the affected areas returned to pre-construction elevations. The affected areas must be
revegetated, as appropriate.
' 14. Prover Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety.
' 15. Wild and Scenic Rivers. No activity may occur in a component of the National Wild
and Scenic River System, or in a river officially designated by Congress as a "study river" for
possible inclusion in the system while the river is in an official study status, unless the
appropriate Federal agency with direct management responsibility for such river, has determined
in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation or study status. Information on Wild and Scenic Rivers may be obtained from the
' appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest
Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
16. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
' 17. Endangered Species. (a) No activity is authorized under any NWP which is likely to
jeopardize the continued existence of a threatened or endangered species or a species proposed
for such designation, as identified under the Federal Endangered Species Act (ESA), or which
' will destroy or adversely modify the critical habitat of such species. No activity is authorized
under any NWP which "may affect" a listed species or critical habitat, unless Section 7
consultation addressing the effects of the proposed activity has been completed.
' (b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal permittees must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements.
' (c) Non-federal permittees shall notify the district engineer if any listed species or
designated critical habitat might be affected or is in the vicinity of the project, or if the project is
located in designated critical habitat, and shall not begin work on the activity until notified by the
' district engineer that the requirements of the ESA have been satisfied and that the activity is
authorized. For activities that might affect Federally-listed endangered or threatened species or
designated critical habitat, the pre-construction notification must include the name(s) of the
' endangered or threatened species that may be affected by the proposed work or that utilize the
designated critical habitat that may be affected by the proposed work. The district engineer will
determine whether the proposed activity "may affect" or will have "no effect" to listed species
' and designated critical habitat and will notify the non-Federal applicant of the Corps',
determination within 45 days of receipt of a complete pre-construction notification. In cases
where the non-Federal applicant has identified listed species or critical habitat that might be
affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not
begin work until the Corps has provided notification the proposed activities will have "no effect"
on listed species or critical habitat, or until Section 7 consultation has been completed.
(d) As a result of formal or informal consultation with the FWS or NMFS the district
engineer may add species-specific regional endangered species conditions to the NWPs.
(e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
U.S. FWS or the NMFS, both lethal and non-lethal "takes" of protected species are in violation
of the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide
Web pages at http://w,,w.fws.gov/ and http://www.noaa.gov/fisheries.html respectively.
18. Historic Properties. (a) In cases where the district engineer determines that the
activity may affect properties listed, or eligible for listing, in the National Register of Historic
Places, the activity is not authorized, until the requirements of Section 106 of the National
Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of Section 106 of the National Historic Preservation Act. Federal permittees must
provide the district engineer. with the appropriate documentation to demonstrate compliance with
those requirements.
(c) Non-federal permittees must submit a pre-construction notification to the district
engineer if the authorized activity may have the potential to cause effects to any historic
properties listed, determined to be eligible for listing on, or potentially eligible for listing on the
National Register of Historic Places, including previously unidentified properties. For such
activities, the pre-construction notification must state which historic properties may be affected
by the proposed work or include a vicinity map indicating the location of the historic properties
or the potential for the presence of historic properties. Assistance regarding information on the
location of or potential for the presence of historic resources can be sought from the State
Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the
National Register of Historic Places (see 33 CFR 330.4(8)). The district engineer shall make a
reasonable and good faith effort to carry out appropriate identification efforts, which may include
background research, consultation, oral history interviews, sample field investigation, and field
survey. Based on the information submitted and these efforts, the district engineer shall
determine whether the proposed activity has the potential to cause an effect on the historic
properties. Where the non-Federal applicant has identified historic properties which the activity
may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall
not begin the activity until notified by the district engineer either that the activity has no potential
to cause effects or that consultation under Section 106 of the NHPA has been completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt
of a complete pre-construction notification whether NHPA Section 106 consultation is required.
Section 106 consultation is not required when the Corps determines that the activity does not
have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). If NHPA section
106 consultation is required and will occur, the district engineer will notify the non-Federal
applicant that he or she cannot begin work until Section 106 consultation is completed.
6
' (e) Prospective
permittees should be aware that section 110k of the NHPA (16 U.S.C.
' 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who,
with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly
adversely affected a historic property to which the permit would relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
' with the Advisory Council on Historic Preservation (ACHP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant.
If circumstances justify granting the assistance, the Corps is required to notify the ACHP and
' provide documentation specifying the circumstances, explaining the degree of damage to the
integrity of any historic properties affected, and proposed mitigation. This documentation must
include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the
' undertaking occurs on or affects historic properties on tribal lands or affects properties of interest
to those tribes, and other parties known to have a legitimate interest in the impacts to the
permitted activity on historic properties.
' 19. Designated Critical Resource Waters. Critical resource waters include NOAA-
-
designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites,
and outstanding national resource waters or other waters officially designated by a state as
having particular environmental or ecological significance and identified by the district engineer
after notice and opportunity for public comment. The district engineer may also designate .
' additional critical resource waters after notice and opportunity for comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 for any
' activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
' notification is required in accordance with general condition 27, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these N'WPs only after it is determined that the impacts
' to the critical resource waters will be no more than minimal.
20. Mitigation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that adverse effects on
the aquatic environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects,
both temporary and permanent, to waters of the United States to the maximum extent practicable
' at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
' compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all
' wetland losses that exceed 1/10 acre and require pre-construction notification, unless the district
engineer determines in writing that some other form of mitigation would be more
environmentally appropriate and provides a project-specific waiver of this requirement. For
wetland losses of 1/10 acre or less that require pre-construction notification, the district engineer
may determine on a case-by-case basis that compensatory mitigation is required to ensure that
7
the activity results in minimal adverse effects on the aquatic environment. Since the likelihood of
success is greater and the impacts to potentially valuable uplands are reduced, wetland
restoration should be the first compensatory mitigation option considered.
(d) For losses of streams or other open waters that require pre-construction notification,
the district engineer may require compensatory. mitigation, such as stream restoration, to ensure
that the activity results in minimal adverse effects on the aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by
the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 acre, it
cannot be used to authorize any project resulting in the loss of greater than 1/2 acre of waters of
the United States, even if compensatory mitigation is provided that replaces or restores some of
the lost waters. However, compensatory mitigation can and should be used, as necessary, to
ensure that a project already meeting the established acreage limits also satisfies the minimal
impact requirement associated with the NWPs.
(f) Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the establishment, maintenance, and legal protection
(e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas
may be the only compensatory mitigation required. Riparian areas should consist of native
species. The width of the required riparian area will address documented water quality or aquatic
habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the
stream, but the district engineer may require slightly wider riparian areas to address documented
water quality or habitat loss concerns. Where both wetlands and open waters exist on the project
site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian
areas and/or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases where riparian areas are determined to be the most appropriate form of
compensatory mitigation, the district engineer may waive or reduce the requirement to provide
wetland compensatory mitigation for wetland losses.
(g) Permittees may propose the use of mitigation banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases, the mitigation provisions will
specify the party responsible for accomplishing and/or complying with the mitigation plan.
(h) Where certain functions and services of waters of the United States are permanently
adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous
wetland in a permanently maintained utility line right-of-way, mitigation may be required to
reduce the adverse effects of the project to the minimal level.
21. Water Quality. Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA Section 401, individual 401 Water
Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or
State or Tribe may require additional water quality management measures to ensure that the
authorized activity does not result in more than minimal degradation of water quality.
22. Coastal Zone Management. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
8
1
23. Regional and Case-By-Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions add d by the Corps or by the state, Indian Tribe, or U.S. EPA in its
section 401 VTater Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination.
24. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,
' with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters
of the United States for the total project cannot exceed 1/3-acre.
' 25. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district office
' to validate. the transfer. A copy of the nationwide pen-nit verification must be attached to the
letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the
time the -property is transferred, the terms and conditions of this nationwide permit, including any
special conditions, will continue to be binding on the new owner(s) of the property. To validate
1 9
the transfer of this nationwide permit and the associated liabilities associated with compliance
with its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
26. Compliance Certification. Each permittee who received an NWP verification from the
Corps must submit a signed certification regarding the completed work and any required
mitigation. The certification form must be forwarded by the Corps with the NWP verification
letter and will include:
(a) A statement that the authorized work was done in accordance with the NWP
authorization, including any general or specific conditions;
(b) A statement that any required mitigation was completed in accordance with the permit
conditions; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
27. Pre-Construction Notification. (a) Timin Where required by the terms of the NWP,
the prospective permittee must notify the district engineer by submitting a pre-construction
notification (PCN) as early as possible. The district engineer must determine if the PCN is
complete within 30 calendar days of the date of receipt and, as a general rule, will request
additional information necessary to make the PCN complete only once. However, if the
prospective permittee does not provide all of the requested information, then the district engineer
will notify the prospective permittee that the PCN is still incomplete and the PCN review process
will not commence until all of the requested information has been received by the district
engineer. The prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer; or
(2) Forty-five calendar days have passed from the district engineer's receipt of the
complete PCN and the prospective permittee has not received written notice from the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to general
condition 17 that listed species or critical habitat might affected or in the vicinity of the project,
or to notify the Corps pursuant to general condition 18 that the activity may have the potential to
cause effects to historic properties, the permittee cannot begin the activity until receiving written
notification from the Corps that is "no effect" on listed species or "no potential to cause effects"
on historic properties, or that any consultation required under Section 7 of the Endangered
Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see
33 CFR 330.4(g)) is completed. Also, work cannot begin under NWPs 21, 49, or 50 until the
permittee has received written approval from the Corps. If the proposed activity requires a
written waiver to exceed specified liinits of an NWP, the permittee cannot begin the activity until
the district engineer issues the waiver. If the district or division engineer notifies the permittee in
writing that an individual permit is required within 45 calendar days of receipt of a complete
PCN, the permittee cannot begin the activity until an individual permit has been obtained.
10
Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or
revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre-Construction Notification: The PCN must be in writing and include
the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
(3) A description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), regional general
permit(s), or individual permit(s) used or intended to be used to authorize any part of the
proposed project or any related activity. The description should be sufficiently detailed to allow
the district engineer to determine that the adverse effects of the project will be minimal and to
determine the need for compensatory mitigation. Sketches should be provided when necessary
to show that the activity complies with the terms of the NWP. (Sketches usually clarify the
project and when provided result in a quicker decision.);
(4) The PCN must include a delineation of special aquatic sites and other waters of the
United States on the project site. Wetland delineations must be prepared in accordance with the
current method required by the Corps. The permittee may ask the Corps to delineate the special
aquatic sites and other waters of the United States, but there may be a delay if the Corps does the
delineation, especially if the project site is large or contains many waters of the United States.
Furthermore, the 45 day period will not start until the delineation has been submitted to or
completed by the- Corps, where appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and
a PCN is required, the prospective permittee must submit a statement describing how the
mitigation requirement will be satisfied. As an alternative,. the prospective permittee may submit
a conceptual or detailed mitigation plan.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, for non-Federal applicants
the PCN must include the name(s) of those endangered or threatened species that might be
affected by the proposed work or utilize the designated critical habitat that may be affected by
the proposed work. Federal applicants must provide documentation demonstrating compliance
with the Endangered Species Act, and
(7) For an activity that may affect a historic property listed on, determined to be eligible
for listing on, or potentially eligible for listing on, the National Register of Historic Places, for
non-Federal applicants the PCN must state which historic property may be affected by the
proposed work or include a vicinity map indicating the location of the historic property. Federal
applicants must provide documentation demonstrating compliance with Section 106 of the
National Historic Preservation Act.
(c) Form of Pre-Construction Notification: The standard individual permit application
form (Form ENG 4345) may be used, but the completed application form must clearly indicate
that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7)
of this general condition. A letter containing the required information may also be used.
(d) Agency Coordination: (1) The district engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse
environmental effects to a minimal level.
11
. (2) For all NWP 48 activities requiring pre-construction notification and for other NWP
activities requiring pre-construction notification to the district engineer that result in the loss of
greater than 1/2-acre of waters of the United States, the district engineer will immediately
provide (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy of
the PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water
quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation
Office (THPO), and, if appropriate, the NMFS). With the exception of NIP 37, these agencies
will then have 10 calendar days from the date the material is transmitted to telephone or fax the
district engineer notice that they intend to provide substantive, site-specific comments. If so
contacted by an agency, the district engineer will wait an additional 15 calendar days before
making a decision on the pre-construction notification. The district engineer will fully consider
agency comments received within the specified time frame, but will provide no response to the
resource agency, except as provided below. The district engineer will indicate in the
administrative record associated with each pre-construction notification that the resource
agencies' concerns were considered. For NWP 37, the emergency watershed protection and
rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard
to life or a significant loss of property or economic hardship will occur. The district engineer will
consider any comments received to decide whether the NWP 37 authorization should be
modified, suspended, or revoked in accordance with the procedures at 33 CFR330.5.
(3) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NNIFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the
Magnuson-Stevens Fishery Conservation and Management Act.
.(4) Applicants are encouraged to provide the Corps multiple copies of pre-construction
notifications to expedite agency coordination.
(5) For NWP 48 activities that require reporting, the district engineer will provide a copy
of each report within 10 calendar days of receipt to the appropriate regional office of the NNIFS.
(e) District Engineer's Decision: In reviewing the PCN for the proposed activity, the
district engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. If the proposed activity requires a PCN and will result in a loss of greater than
1/10 acre of wetlands, the prospective permittee should submit a mitigation proposal with the
PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts.
The district engineer will consider any proposed compensatory mitigation the applicant has
included in the proposal in determining whether the net adverse environmental effects to the
aquatic environment of the proposed work are minimal. The compensatory mitigation proposal
may be either conceptual or detailed. If the district engineer determines that the activity complies
with the terms and conditions of the NWP and that the adverse effects on the aquatic
environment are minimal, after considering mitigation, the district engineer will notify the
permittee and include any conditions the district engineer deems necessary. The district engineer
must approve any compensatory mitigation proposal before the permittee commences work. If
the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the
district engineer will expeditiously review the proposed compensatory mitigation plan. The
district engineer must review the plan within 45 calendar days of receiving a complete PCN and
determine whether the proposed mitigation would ensure no more than minimal adverse effects
on the aquatic environment. If the net adverse effects of the project on the aquatic environment
12
(after consideration of the compensatory mitigation proposal) are determined by the district
' engineer to be minimal, the district engineer will provide a timely written response to the
applicant. The response will state that the project can proceed under the terms and conditions of
the NWP.
If the district engineer determines that the adverse effects of the proposed work are more
than minimal, then the district engineer will notify the applicant either: (1) That the project does
not qualify for authorization under the NWP and instruct the applicant on the procedures to seek
' authorization under an individual permit; (2) that the project is authorized under the NWP
subject to the applicant's submission of a mitigation plan that would reduce the adverse effects
on the aquatic environment to the minimal level; or (3) that the project is authorized under the
' NWP with specific modifications or conditions. Where the district engineer determines that
mitigation is required to ensure no more than minimal adverse effects occur to the aquatic
environment, the activity will be authorized within the 45-day PCN period. The authorization
' will include the necessary conceptual or specific mitigation or a requirement that the applicant
submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the
minimal level. When mitigation is required, no work in waters of the United States may occur
until the district engineer has approved a specific mitigation plan.
28. Single and Complete Project. The activity must be a single and complete project. The
same NWP cannot be used more than once for the same single and complete project.
' FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms
' and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
' 3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
' DEFINITIONS
' Best manaZement practices (BNIPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration, establishment (creation), enhancement, or
preservation of aquatic resources for the purpose of compensating for unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and minimization has been
achieved.
Current1 y serviceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.
' Discharge: The term "discharge" means any discharge of dredged or fill material.
Enhancement: The manipulation of the physical, chemical, or biological characteristics of
an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s).
' Enhancement results in the gain of selected aquatic. resource function(s), but may also lead to a
13
decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic
resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall
is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
Historic Property: Any prehistoric or historic district, site (including archaeological
site), building, structure, or other object included in, or eligible for inclusion in, the National
Register of Historic Places maintained by the Secretary of the Interior. This term includes
artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria (36 CFR part 60).
Independent utility. A test to determine what constitutes a single and complete project in
the Corps regulatory program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. :Portions of a multi-phase
project that depend upon other phases of the project do not have independent utility. Phases of a
project that would be constructed even if the other phases were not built can be considered as
separate single and complete projects with independent utility.
Intermittent stream: An intermittent stream has flowing water during certain times of the
year, when groundwater provides water for stream flow. During dry periods, intermittent streams
may not have flowing water. Runoff from rainfall is a supplemental source of water for stream
flow.
Loss of waters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWT; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet
of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded,
excavated, or drained, but restored to pre-construction contours and elevations after construction,
are not included in the measurement of loss of waters of the United States. Impacts resulting
from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not
considered when calculating the loss of waters of the United States.
1Von-tidal wetland.- A non-tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non-tidal
wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high
tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that an
ordinary high water mark can be determined. Aquatic vegetation within the area of standing or
14

1

1

1

flowing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be
open ;,eaters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas (see 33 CFR
328.3(e)).
Perennial stream: A perennial stream has flowing water year-round during a typical year.
The water table is located above the stream bed for most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre-construction notification: A request submitted by the project proponent to the Corps
for confirmation that a particular activity is authorized by nationwide permit. The request may be
a permit application, letter, or similar document that includes information about the proposed
work and its anticipated environmental effects. Pre-construction notification may be required by
the terms and conditions of a nationwide permit, or by regional conditions. A pre-construction
notification may be voluntarily submitted in cases where pre-construction notification is not
required and the project proponent wants confirmation that the activity is authorized by
nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources
by an action in or near those aquatic resources. This term includes activities commonly
associated with the protection and maintenance of aquatic resources through the implementation
of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area.
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics
.of a site with the goal of repairing natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in
aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning natural/historic functions to a former or degraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections
of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface,
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
pools.
Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine-marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
15
which surface and subsurface hydrology connects waterbodies with their adjacent uplands.
Riparian areas provide a variety of ecological functions and services and help improve or
maintain local water quality. (See general condition 20.)
Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase
shellfish production. Shellfish seed consists of immature individual shellfish or individual
shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist
of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish
habitat.
Single and complete project: The term "single and complete project" is defined at 33
CFR 330.2(1) as the total project proposed or accomplished by one owner/developer or
partnership or other association of owners/developers. A single and complete project must have
independent utility (see definition). For linear projects, a "single and complete project" is all
crossings of a single water of the United States (i.e., a single waterbody) at a specific location.
For linear projects crossing a single waterbody several times at separate and distant locations,
each crossing is considered a single and complete project. However, individual channels in a
braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are
not separate waterbodies, and crossings of such features cannot be considered separately.
Stormwater management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality degradation,
and flooding and mitigating the adverse effects of changes in land use on the aquatic
environment.
Stormwater management facilities: Stormwater management facilities are those facilities,
including but not limited to, stonnwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality
(i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other
pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not
considered part of the stream bed.
Stream channelzzation: The manipulation of a stream's course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A channelized
stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples of
structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent
mooring structure, power transmission line, permanently moored floating vessel, piling, aid to
navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is
inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR
328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and
measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end
where the rise and fall of the water surface can no longer be practically measured in a predictable
rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located
channelward of the high tide line, which is defined at 33 CFR 328.3(d).
16
Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
' Guidelines. They are areas that are permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of
vascular rooted plants in freshwater systems.
Waterbed For purposes of the NWPs, a waterbody is a jurisdictional water of the
United States that, during a year with normal patterns of precipitation, has water flowing or
standing above ground to the extent that an ordinary high water mark (OHWM) or other
indicators of jurisdiction can be detennined, as well as any wetland area (see 33 CFR 328.3(b)).
If a jurisdictional wetland is adjacent--meaning bordering, contiguous, or neighboring--to a
jurisdictional waterbody displaying an OHWM or other indicators of jurisdiction, that waterbody
' and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR
328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds, and wetlands.
17
REGIONAL CONDITIONS FOR NATIONWIDE PFR1VUTS IN T11E )VI NUNGT N
DISTRICT
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1. Anadrornous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas are excluded during the period between February 15 and June 30, without prior
written approval from NCDh1F or NCWRC and the Corps.
1.2. Trout Waters Moratorium
Waters of the United States in the twenty-five designated trout counties of North Carolina are
excluded during the period between October 15 and April 15 without prior written approval from
the NCWRC. (see Section 1. b: 7. for a list of the twenty-five trout counties).
1.3. Sturgeon Spawning Areas
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the National Marine
Fisheries Service (NMFS).
2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWP's. These waters are:
2.1. Western NC Counties that Drain to Designated Critical Habitat
Waters of the U.S. that requires a Pre-Construction Notification pursuant to General Condition
27 (PCN) and located in the sixteen counties listed below, applicants must provide a copy of the
PCN to the US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North Carolina 28805.
This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville
Regulatory Field Office. Please see General Condition 17 for specific notification requirements
related to Federally Endangered Species and the following website for information on the
location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
18
Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.
Website and office addresses for Endangered Species Act Information:
The Wilmington District has developed the following website for applicants which provide
guidelines on how to review linked websites and maps in order to fulfill NWP general condition
17 requirements.
http://www.saw.tisace.armv.mi]/wet]ands/ESA
Applicants who do not have internet access may contact the appropriate US Fish and Wildlife
Service offices or the US Army Corps of Engineers office listed below.
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Asheville US Fish and Wildlife Service Office counties: All
counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Raleigh US Fish and Wildlife Service Office counties: all counties east of and including
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
2.2. Special Designation Waters
Prior to the use of any NWP in any of the following North Carolina identified waters and
contiguous wetlands, applicants must comply with Nationwide Permit General Condition 27
(PCN). The North Carolina waters and contiguous wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) and "High Quality Waters" (HQW) (as designated by
the North Carolina Environmental Management Commission), or
"Inland Primary Nursery Areas" (IPNA) (as designated by the North Carolina Wildlife
Resources Commission), or "Contiguous Wetlands" (as defined by the North Carolina
Environmental Management Commission), or "Primary Nursery Areas (PNA) (as designated by
the North Carolina Marine Fisheries Commission).
19
23. Coastal Area Managerraent Act (CAKA,) Areas of Environmental Concern
Non-Federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC)
in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (LAMA), must also obtain the required CAMA permit. Construction
activities for non-Federal projects may not commence until a copy of the approved CAMA
permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington
Field Office - P.O. Box 1890, Wilmington, NC 28402 or Washington Field Office - P.O. Box
1000, Washington, NC 27889).
2.4. Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with
Nationwide Permit General Condition 27 (PCN).
2.5. Mountain or Piedmont Bogs
Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina, applicants
shall corn ply with Nationwide Permit General Condition 27 (PCN).
Note: The following wetland community types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina (Michael P. Schafale and
Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Boas Piedmont Bogs
Swamp Forest-Bog Complex Upland depression Swamp
Forest
Swamp Forest-Bog Complex
(Spruce Subtype)
Southern Appalachian Bog
(Northern Subtype)
Southern Appalachian Bog
Southern Subtype)
Southern Appalachian Fen
2.6. Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, including
wetlands, applicants shall comply with Nationwide Permit General Condition 27 (PCN).
2.7. Trout Waters
Prior to any discharge of dredge or fill material into streams or waterbodies'within-the twenty-
five (25) designated trout counties of North Carolina, the applicant shall comply with
20
Nationwide Permit General Condition 27 (PCN). The applicant shall also provide a copy of the
' notification to the appropriate NCWRC office to facilitate the determination of any potential
impacts to designated Trout Waters. Notification to the Corps of Engineers will include a
statement with the name of the NCWRC biologist contacted, the date of the notification, the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
mountain trout waters, why alternatives were not selected, and a plan to provide compensatory
mitigation for all unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Counties
Mr. Ron Linville
Western Piedmont Region
Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Ave Stokes
Tele hone: 336 769-9453 Burke Surry
Mr. Dave McHenry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn.
Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Vance
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1. Limitation of Loss of Perennial Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of greater than
300 total linear feet of perennial streams. The NWPs may not be used for activities that may
result in the loss or degradation of greater than 300 total linear feet of ephemeral and intermittent
streams that exhibit important aquatic function(s)* Loss of stream includes the linear feet of
stream bed that is filled, excavated, or flooded by the proposed activity. The District
Commander can waive the 300 linear foot limit for ephemeral and intermittent streams on a case-
by-case basis if he determines that the proposed activity will result in minimal individual and
cumulative adverse impacts to the aquatic environment. Waivers for the loss of ephemeral and
intermittent streams must be in writing. This waiver only applies to the 300 linear feet threshold
for NWPs. Mitigation may still be required for impacts to ephemeral and intermittent streams,
on a case-by-case basis, depending on the impacts to the aquatic environment of the proposed
project. [*Note: The Corps uses the Stream Quality Assessment Worksheet, located with Permit
Information on the Regulatory Program Web Site, to aid in the determination of aquatic function
within the intermittent stream channel.]
21
3.2. Litigation for Loss of Stream Bed Exceeding 150 Feet.
For any NWP that results in a loss of more than 150 linear feet of perennial and/or
ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate
for the loss of aquatic function associated with the proposed activity. For stream losses less than
150 linear feet, that require a PCN, the District Commander may determine, on a case-by-case
basis that compensatory mitigation is required to ensure that the activity results in minimal
adverse effect on the aquatic environment.
3.3. Pre-construction Notification for Loss of Streambed Exceeding 150 Feet.
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream or ephemeral/ intermittent stream, the'applicant must comply with Nationwide
Permit General Condition 27 (PCN). This applies to NWPs that do not have specific notification
requirements. If a NWP has specific notification requirements, the requirements of the NVYT
should be followed.
3.4. Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, measures will be taken to
prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with
waters of the state until the concrete has hardened.
3.5. Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following
measures shall be applied:
3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters.
3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited
to, granite, marl, or broken concrete.
22
3.5.5. A waiver from the specifications in this Regional Condition may be requested in writing.
' The waiver will only be issued if it can be demonstrated that the impacts of complying with this
Regional condition would result in greater adverse impacts to the aquatic environment.
' 3.6. Sale Passage Requirements for Culvert Placement
For all NWPs that involve the construction/installation of culverts, measures will be included in
the construction/installation that will promote the safe passage of fish and other aquatic
' organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert
should not be modified by widening the stream channel or by reducing the depth of the stream in
connection with the construction activity. The width, height, and gradient of a proposed opening
' should be such as to pass the average historical low flow and spring flow without adversely
altering flow:welocity. Spring flow should be determined from gage data, if available. In the
absence of such data, bankfall flow can be used as a comparable level.
In the twenty.(20) counties of North Carolina designated as coastal counties by the Coastal
y Area
Management Act (CAMA): All pipe and culvert bottoms shall be buried at least one foot below
normal bed elevation when they are placed within the Public Trust Area of Environmental
Concern (AEC) and/or the Estuarine Waters AEC as designated by LAMA, and/or all streams
appearing as blue lines on United States Geological Survey (USGS) quad sheets.
Roadway
Culvert buried
' Approach Fill Bankfull belowstreambed
to appropriate
' depth (if required).
Stream
Bottom
In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on
' the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall
be made to maintain the existing channel slope. The bottom of the culvert must be placed at a
depth below the natural stream bottom to provide for passage during drought or low flow
' conditions.
Destabilizing the channel and head cutting upstream should be considered in the placement of
the culvert.
A waiver from the depth specifications in this condition may be requested in writing. The waiver
will be issued if it can be demonstrated that the proposal would result in the least impacts to the
aquatic environment.
All counties: Culverts placed in wetlands do not have to be buried.
23
1
3.7. Notification to NCDENR Shellfish Sanitation Section
Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or
removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell fishing or swimming in order to avoid contamination from the disposal area
and cause a temporary shellfish closure to be made. Such notification shall also be provided to
the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean
beach should occur between November 1 and April 30 when recreational usage is low. Only
clean sand should be used and no dredged sand from closed shell fishing areas may be used. If
beach disposal were to occur at times other than stated above or if sand from a closed shell
fishing area is to be used, a swimming advisory shall be posted, and a press release shall be
issued.
3.8. Preservation of Submerged Aquatic Vegetation
Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP
within any of the twenty coastal counties defined by North Carolina's Coastal Area Mlanagement
Act of 1974 (CAN1A).
4.0 Additional Regional Conditions Applicable to Specific Nationwide Permits
The following regional conditions are required for NWP # 12 Utility Line Activities:
4.1. Directional Drilling or Boring
Pipeline/utility line construction through jurisdictional waters and wetlands will be accomplished
utilizing directional drilling/boring methods to the maximum extent practicable.
4.2. Temporary Discharge and Fill
Temporary discharge of excavated or fill material into wetlands and waters of the United States
will be for the absolute minimum period of time necessary to accomplish the work. Temporary
discharges will be fully contained with appropriate erosion control or containment methods or
otherwise such fills will consist of non-erodible materials.
4.3. Work Corridor Restrictions
The work area authorized by this permit, including temporary and/or permanent fills, will be
minimized to the greatest extent practicable. Justification for work corridors exceeding forty
(40) feet in width is required and will be based on pipeline diameter and length, size of
equipment required to construct the utility line, and other construction information deemed
necessary to support the request. The applicant is required to provide this information to the
Corps with the initial notification package.
4.4. Depth Requirement in Federal Channels
24
In areas where a sub-aqueous utility line is to cross a Federally maintained channel, (i.e., the
Atlantic Intracoastal Waterway [AIWW]), the line will be buried at least six (6) feet below the
depth of the authorized channel. For areas outside Federally-maintained channels, sub-aqueous
lines must be installed at a minimum depth of two (2) feet below the substrate when such lines
might interfere with navigation.
4.5. Clearance Requirement for Non-electric Aerial Lines
The minimum clearance for aerial communication lines, or any lines not transmitting electrical
power, will be ten (10) feet above the clearance required for nearby stationary bridges as
established by the U.S. Coast Guard. In the event the U.S: Coast Guard has not established a
bridge clearance, minimum vertical clearances for power and aerial lines will not be less than
required by Section 23, Rule 232, of the latest revision of the National Electrical Safety Code
(ANSI C2). Clearances will not be less than shown in Table 232-1, Item 7, ANSI C2.
4.6. Reference Conditions for Electrical Aerial Lines
The clearance for an aerial line is based on the low point of the line under conditions that
produce the greatest sag, taking into consideration temperature, load, wind, length or span and
the type of supports. The minimum clearance for an aerial electrical power transmission line
crossing navigable waters shall be governed by the system voltage, as indicated below:
Nominal System Minimum Clearance
Voltage, kilovolt Above Bridge Clearance As
Established by the U.S. Coast
Guard
115 and below 20 feet
138 22
161 24
230 26
350 30
500 35
700 42
750 to 765 45
4.7. Restoration of Wetland Areas Using Native. Vegetation
A plan to restore and re-vegetate wetland areas cleared for construction must be submitted with
the required PCN. Cleared wetland areas shall be re-vegetated to the maximum extent
practicable with native species of canopy, shrub, and herbaceous species. Fescue grass shall not
be used.
4.8. Compensatory Mitigation for Permanently Maintained Corridors
25
,
For the purposes of this 1VZVP, any permanently maintained corridor along the utility ROW shall
be considered a permanent impact and a compensatory mitigation plan will be required for all '
such impacts associated with the requested activity.
4.9. Rip-rap Restriction
Use of rip-rap or any other engineered structures to stabilize a stream bed should be avoided to
the maximum extent possible.
26
NC DIVISION OF WATER
C?'<IALITY • GENERAL CERTIFICATION C®INIDITIDNS
' For the most recent General Certification conditions, call the NC Division of Water Quality,
Wetlands/401 Certification Unit at [phone] or access the following website:
http://h2o.enr.state.nc.us/newetlands/certs.htm]
' NC DIVISION OF COASTAL NLANAGEMEliT - STATE CONSISTENCY
' In a letter dated May 7, 2007, the North Carolina Division of Coastal Management found this
NWP consistent with the North Carolina Coastal Zone Management Program. Updates on
CAMA Consistency for NC can be found on the NC DCM web site at:
http://clcm2.enr.state.ne.us/Permits/consist.htm
EASTERN BAND OF THE CHEROKEE INDIANS TRIBAL WATER QUALITY
1 CERTIFICATIONS
In a letter dated May 8, 2007, US EPA, on behalf of the Eastern Band of Cherokee Indians,
provided Tribal General Conditions for Nationwide Permits on Cherokee Indian Reservation.
These Tribal General Conditions are located on the Corps website at:
http://wwNv.saw.usace.army.mil/WETLANDS/NWP2007/EBCI-certs html
' Citations:
' 2007 Nationwide Permits Public Notice for Final Issue Date: March 15, 2007
Correction Notice for Nationwide Permits, Federal Register / Vol. 72, No. 88 / Tuesday, May 8,
' 2007 /Notices p.26082
2007 SAW Regional Conditions - Authorized June 1, 2007
' This and other information can be found on the Corps web site at:
http://www.saw.usace.army.inil/WETLANDS/NWP2007/nationwide-permits html
27
' Water Quality Certification No. 3699
' GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR U.S. ARMY CORPS OF ENGINEERS NATIONWIDE PERMIT
NUMBERS 12 {UTILITY LINE ACTIVITIES) AND 47 (PIPELINE SAFETY PROGRAM
DESIGNATED TIME SENSITIVE INSPECTIONS AND REPAIRS),
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
Water Quality Certification Number 3699 is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section.0500 and 15A NCAC 2B
.0200 for the discharge of fill material to waters and wetland areas as described in 33 CFR 330
Appendix A (B) (12) and Nationwide Permit No. 47 of the Corps of Engineers regulations
including any fill activity for utility line backfill and bedding, and for the Riparian Area Protection
Rules (Buffer Rules) in 15A NCAC 26 .0200.
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.
This General Certification does not authorize any permanent changes in pre-construction
elevation contours in waters or wetlands or stream dimension, pattern or profile.
Activities covered by this General Certification do not require written approval from the Division of
Water Quality (the "Division") as long as they comply with the Conditions listed below. Written
approval is required if the maintenance corridor is greater than 15 feet wide. Gas pipelines
' may have a maintenance corridor larger than fifteen feet if mitigation is provided for these
additional wetland fills.
If any of these Conditions cannot be met, or if the activities are associated with, or in
response to a Notice of Violation or an enforcement action initiated by the Division of
Water Quality or the Division of Land Resources, then written approval from the Division is
required to use this Certification. Activities that are located within river basins with
Riparian Area Protection Rules (Buffer Rules) require written approval unless listed in the
Table of Uses as "EXEMPT".
' In accordance with North Carolina General Statute Section 143-215.3D(e), any requirement for
written approval for a 401 Water Quality Certification must include the appropriate fee. If a
project also requires a CAMA Permit, then one payment to both agencies shall be submitted and
will be the higher of the two fees.
Conditions of Certification:
' 1. No Impacts Beyond Thresholds that Qualify for this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
' beyond the thresholds established for use of this Certification, including incidental impacts.
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.
2. Standard Erosion and Sediment Control Practices
' 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:
' Water Quality Certification No. 3699
Water Quality Certification No. 3699
a. 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.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNA's), Trout Jr), SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource
(ORW) waters, then the sediment and erosion control requirements contained within
Design Standards in Sensitive Watersheds (15A NCAC 046 .0124) supercede all other
sediment and erosion control requirements.
No Sediment and Erosion Control Measures in Wetlands or Waters
3
Sediment and erosion control measures should not be placed in wetlands or waters without
approval by the Division.. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, design and placement of temporary erosion control measures
shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream
beds or banks, adjacent to or upstream and down stream of the above structures. All
sediment and erosion control devices shall be removed and the natural grade restored within
two (2) months of the date that the Division of Land Resources or locally delegated program
has released the project.
4
Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCG010000) administered by the Division is
automatically issued to the project. This General Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated by conditions in the permit. If your
project is covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation control plan,
self-monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
http://h2o enrstate nc.uslsulFDrms Documents.htm.
5. Construction Moratoriums and Coordination
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to protect trout, anadromous fish,
larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
Water Quality Certification No. 3699
Water Quality Certification No. 3699
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water.
7. Riparian Area Protection (Buffer) Rule
' Activities located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands
or not) within the Neuse, Tar-Pamlico, Catawba, and Randleman (or any other basin with
buffer rules), shall be limited to "uses" identified within and constructed in accordance with
15A NCAC 2B .0233, .0259, .0250 and.0243, and shall be located, designed, constructed,
and maintained to have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices. All buffer rule requirements,
including diffuse flow requirements, must be met.
' 8. Water Supply Watershed Buffers
The 30-foot wide vegetative buffer (low-density development) or the 100-foot wide (high-
density development) must be maintained adjacent to all perennial waters except for
allowances as provided in the Water Supply Watershed Protection Rules [15A NCAC 2B
.0212 through .0215).
9. Any rip rap required for normal pipe burial and stabilization shall be buried such that the
original stream elevation is restored and maintained.
10. Compensatory Mitigation
In accordance with 15A NCAC 2H .0506 (h), compensatory mitigation may be required for
losses of 150 linear feet or more of streams and/or one (1) acre or more of wetlands. For
linear, public transportation projects, impacts equal to or exceeding 150 linear feet per stream
shall require mitigation.
Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and
intermittent stream impacts in watersheds classified as ORW, HQW, Trout, WS-1 and WS-II.
Buffer mitigation may be required for any project with 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 by the
Division for any application for this Certification. Design and monitoring protocols shall follow
the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April
2003), or its subsequent updates. Compensatory mitigation plans shall be submitted for
written Division approval as required in those protocols. Alternatively, the Division will accept
payment into an in-lieu fee program or credit purchase from a mitigation bank.
Finally, 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 public. Proof of payment to an
in-lieu fee program or mitigation bank must be provided to the Division to satisfy this
requirement.
Water Quality Certification No. 3699 3
Water Quality Certification No. 3699
11. For all activities requiring re-alignment of streams, a stream relocation plan must be
included for written Division 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), to the maximum extent practical. 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 to the maximum extent practical. A transitional phase incorporating coir fiber and
seedling establishment is allowable. 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 calculations used to
determine the extent of rip-rap coverage. Please note that if the stream relocation is
conducted as a stream restoration as defined in the US Army Corps of Engineers
Wilmington District, April 2003 Stream Mitigation Guidelines (or its subsequent updates),
the restored length can be used as compensatory mitigation for the impacts resulting from
the relocation.
12. For sewer lines, the edge of the construction corridor shall not be installed parallel to and
closer than 10 feet to a stream except for the following classifications; 50 feet to waters
classified as WS (except WS-1 or WS-V), B, SA, ORW, HQW, or SB from normal high
water (or tide elevation) and wetlands; or 100 feet to private or public water supply
sources or waters classified as WS-1 waters or Class I or Class II impounded reservoirs
used as a source of drinking water in accordance with 15A NCAC 02T.0305(f).
Utility lines shall not cross a stream channel at other than a near-perpendicular direction
(i.e., stream channel crossings shall not be at an angle of less than 75 degrees or more
than 105 degrees to the stream bank).
13. Any wastewater line that crosses any stream shown on the most recent version of the
1:24,000 USGS topographic map or NRCS (SCS) County Soil Survey as permanent or
intermittent shall be installed either a) with no joints connected within the footprint of a
stream channel or within two (2) feet of the stream banks in the case of plastic or PVC
pipes or b) with properly bedded and supported ductile iron. Otherwise, written approval
from DWQ is required.
14. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts uncured concrete should not be discharged to surface
waters due to the potential for elevated pH and possible aquatic life/fish kills.
15. Herbicides can be applied in wetlands or other waters only when applied by a certified
applicator, and in strict accordance with product labeling.
16. Placement of rip-rap shall be restricted to the stream bottom and banks directly impacted
by the placement of the utility line. Rip-rap shall only be used below the normal high
water level. The stream berm must be restored to the original contour after construction.
Placement of rip-rap or other materials shall not result in de-stabilization of the stream bed
or banks upstream of downstream of the crossing.
17. Annual native species suitable for wet locations shall be planted and established within
jurisdictional wetlands for soil and erosion control. Non-native perennials such as fescue
are prohibited.
Water Quality Certification No. 3699
Water Quality Certification No. 3699
18. A one-time application of fertilizer to re-establish vegetation is allowed, but is restricted to no
closer than 10 feet (3 meters) of streams. Any fertilizer application must comply with all other
Federal, State and Local regulations.
19. The construction corridor (including access roads and stockpiling of materials) is limited to
40 feet (12.2 meters) in width in wetlands and across stream channels and must be
minimized to the maximum extent practicable.
20. Permanent, maintained access corridors shall be restricted to the minimum width
practicable and shall not exceed 15 feet in width except at manhole locations. A 15-foot by
15-foot perpendicular vehicle turnaround must be spaced at least 500 feet (152.4 meters)
apart.
21. An anti-seep collar shall be placed at the downstream (utility line gradient) wetland boundary
and every 150 feet (45.7 meters) up the gradient until the utility exits the wetland for buried
utility lines. Anti-seep collars may be constructed with class B concrete, compacted clay,
PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular
wetland crossings that are open cut and less than 150 feet (45.7 meters) long do not require
anti-seep collars. The compacted clay shall have a specific discharge of 1 X 10- 5 cm/sec or
less. A section and plan view diagram is attached for the anti-seep collars.
The following specifications shall apply to class B concrete:
a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0
b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
c) Maximum water-cement ratio gallons per sack 6.8
d) Slump range 2" to 4"
e) Minimum strength - 28 day psi 2,500
22. The applicant shall have a specific plan for restoring wetland contours. Any excess material
will be removed to a high ground disposal area.
23. If an environmental document is required under NEPA or SEPA, then this General
Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of
Decision (ROD) is issued by the State Clearinghouse.
24. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required.
25. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State or local approvals.
26. When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
27.When written approval is required, the applicant is required to use the Certificate of
Completion form attached to the cover letter to notify the Division when all activities
authorized by this General Certification have been completed.
28. This General Certification shall expire three (3) years from the date of issuance of the written
approval letter or on the same day as the expiration date of the corresponding Nationwide
Permit 12. The conditions in effect on the date of issuance of Certification for a specific
project shall remain in effect for the life of the project, regardless of the expiration date of this
Water Quality Certification No. 3699
Water Quality Certification No. 3699
Certification. If the construction process for approved activities will overlap the expiration and
renewal date of the corresponding 404 Permit and the Corps allows for continued use of the
404 Permit, then the General Certification shall also remain in effect without requiring re-
application and re-approval to use this Certification for the specific impacts already approved.
29. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth by a specific fill project may
result in revocation of this General Certification for the project and may also result in criminal
and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for individual certification for any project in this category of activity, if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: November 1, 2007
DIVISION OF WATER QUALITY
By
een H. Sullins
Director
History Note: Water Quality Certification Number 3699 replaces Water Quality Certification
Number 2664 issued on January 21, 1992, Water Quality Certification Number 3022 issued on
September 6, 1995, Water Quality Certification (WQC) Number 3101 issued on February 11,
1997, Water Quality Certification Number 3288 issued on June 1, 2000, Water Quality
Certification Number 3374 issued on March 18, 2002, and Water Quality Certification Number
3625 issued on March 19, 2007. This General Certification is rescinded when the Corps of
Engineers reauthorize Nationwide 12 or when deemed appropriate by the Director of the Division
of Water Quality.
Water Quality Certification No. 3699 6
U.S. ARMS'' CORPS OF ENGINEERS.
WILMINGTON DISTRICT
Action ID, 200620569 County: Wake USGS Quad: Apex y fix`` I
' GENERAL PERMIT (REGIONAL AND NATIONWIDE) VLRIFICA14(fte
Property Owner / Authorized Agent: Dr. Mike Babuin
' Address: Town of Cary, Engineering Department `
318 N. Academy Street ".4_
Cary, NC 27511
' Telephone No.: 919-462-3836
Size and location of property (water body, road name/number, town, etc.): The protect site is located on the east and
west side of the Kinsford Drive crossing at Dutchmans Creek in Wake County, NC. This project is identified as
' the Windsor Oaks Water and Sewer Extension.
Description of projects area and activity: This permit authorizes 0.28-acre of temporary wetland impacts, and 0.24-
acre of permanent wetland impacts during the extension of water and sewer lines. Mitigation, at a 1:1 ratio, is
required for the permanent wetland impact (see Permit Conditions below).
' Applicable Law: N Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
' submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to
be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to
the NWP,. We will issue a public notice when the NWP, are reissued. Furthermore, if you commence or are under
' contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will
have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the
present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide
' permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time,
exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any
' NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine Section
401 requirements.
' For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management
Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers
regulatory program, please contact Monte Matthews at [phone] x30.
' Permit Condition: In order to compensate for impacts to 0.24-acre of riparian wetland the permittee shall make
payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP,
sufficient to perform the restoration of 0.24-acre of riparian wetlands in the Neuse River Basin, Cataloging Unit
03020201.
' Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the
NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP has provided written
-2-
confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the
MOU between the North Carolina Department of Environment and Natural Resources and the United States Army
Corps of Engineers, Wilmington District, dated November 4, 1998.
"Note: Habitat type may be described as found in Schafale and Weakley, Classification of the ,
Natural Communities of North Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979),
Classification of Wetlands and Deepwater Habitats of the of the United States" '
Corps Regulatory Official Monte Matthews ?? Date: May 10, 2006
Expiration Date of Verification: March 18, 2007
-3-
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process ( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is
a change in the law or our published regulations, this determination may be relied upon for a period not to exceed
five years from the date of this notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
' date of this notification.
® The jurisdictional areas within the above described project area have been identified under a previous action.
' Please reference jurisdictional determination issued March 23, 2006. Action ID 200620569.
Basis of Jurisdictional Determination: Areas on this site exhibit wetland criteria as described in the 1987 Corps
' Wetland Delineation Manual and are adiacent to Dutchman's Creek. The property also contains stream
channels that exhibit an Ordinary High Water Mark as indicated by changes in soil character and absence or
terrestrial vegetation and are hydrologically connected to Dutchman's Creek in the Neuse River Basin.
' Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to
this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to
' appeal this determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the
Following address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria
for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of
the NAP. Should you decide to submit an RFA form, it must be received at the above address by _
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence."
I Corps Regulatory Official:
Date May 10, 2006

SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
EcoScience
Attn: Heather Saunders
1101 Haynes Street, Suite 101, Raleigh, NC 27604
WILMINGTON DISTRICT
POST-CONSTRUCTION COMPLIANCE FORM
Permit Number: 200620569
Permit Type: NW 12
Name of County: Wake
Name of Permittee: Town of Cary, Engineering Department Mike Babuin
Date of Issuance: May 10, 2006
Project Manager: Monte Matthews
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-R
6508 Falls of the Neuse Road Suite 120
Raleigh, North Carolina 27615
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to permit
suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was completed
in accordance with the permit conditions.
Signature of Permittee
Date
'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e„
occurrence of hydrophytic vegetation, hydric soils and wetland hydrology).
'The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers,
natural river berms, beach dunes, and the like are also adjacent,
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Babuin Town of Cary, File Number: 200620569 Date: May 10, 2006
Engineering Department
At tached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENIAL C
L PPROVED JURISDICTIONAL DETERMINATION D
RELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at htti)://www.usace.arrny.mil/inet/functions/ew/cecwo/reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below,
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
ou accept the permit in its entirety, and waive all rights to appeal the
ans that
LOP
h
f
y
me
t
e
on the Standard Permit or acceptance o
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
form must be received by the division engineer within 60 days of the date of
Thi
i
s
neer.
and sending the form to the division eng
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 davs of the date of this notice.

D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
e ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Monte Matthews Mr. Michael Bell, Administrative Appeal Review Officer
6508 Falls of the Neuse Road CESAD-ET-CO-R
Suite 120 U.S. Army Corps of Engineers, South Atlantic Division
Raleigh, NC 27615 60 Forsyth Street, Room 9M15
919-876-8441 x30 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your, signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
' DIVISION ENGINEER:
Commander
' U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
p??? w H I ?9?G
> ,
O '
Mr. Michael Babuin
Town of Cary
Town of Cary Engineering Department
' 318 N. Academy Street
Cary, NC 27511

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 27, 2006
?f M UN- DWQ Project # 06-0613
Wake County
Subject Property: Town of Cary Windsor Oaks Water/Sewer Extension
Dutchmans Creek [030402, 27-43-4.5, WSII, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Babuin:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.52 acres of wetland (0.24 acres permanent impacts, 0.28 acres temporary
impacts) and 3,831 square feet (ft) of protected Zone 1 Neuse River basin riparian buffer and 12,246
square feet (ft) of protected Zone 2 Neuse River basin riparian buffer as described in your application
dated April 11, 2006, and received by the Division of Water Quality (DWQ) on April 11, 2006, for the
purpose of constructing a sustained sewer trunk line to annexed parts of southern Cary. After reviewing
your application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3374 (GC3374). The Certification(s) allows you to use Nationwide Permit(s) NW12 when
issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0233. In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and
Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
' 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: littp-//h2o.eiir.sttte.nc.us/ncwetlands
' An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10%Post Consumer Paper
oarolina
N `hC
Naturally
Town of Cary
Page 2 of 5
April 27, 2006
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:
Amount A roved (Units Plan Location or Reference
404/Wetland 0.52 acres (0.24 acres
permanent impacts, 0.28 acres
temporary impacts PCN page 8 of 13
Buffer - Zone 1 3,831 s uare ft. PCN page 12 of 13
Buffer - Zone 2 12,246 (square ft. PCN page 12 of 13
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.
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. 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 213.0233 and GC 3404;
' Page 3 of 5
April 27, 2006
6. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
' non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
7. Sewer Systems
The project shall comply with 15A NCAC 2H.0219(i)(2)(G) and all other State, Federal and local
sewer system regulations.
' 8. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table ? :low. We
' understand that you wish to make a payment to the Wetlands Restoration Fund dministered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requir ;lent. This has
been determined by the DWQ to be a suitable method to meet the mitigation r..uirement. Until
' the EEP receives and clears your check (made payable to: DENR - Ecosystem . nhancement
Program Office), no impacts specified in this Authorization Certificate shall o, or. The EEP
should be contacted at [phone] if you have any questions concerning p. ment into a
' restoration fund. You have one month from the date of this approval to make is payment. For
accounting purposes, this Authorization Certificate authorizes payment is :o the Wetlands
Restoration Fund to meet the following compensatory mitigation requirei ont:
Compensatory Mitigation
Required River and Sub-basis
404/Wetland 0.48 acres Neuse/03020201
9. Construction Stormwater Permit NCG010000
Number
' Upon the approval of an Erosion and Sedimentation Control Plan issued by th. Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control .-rogram, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is ar.romatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
' with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at htt,2//h o enr.state.nc.us/su/Forms Documents. htm.;
' 10. 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
Town of Cacy '
Page 4 of 5
April 27, 2006
impacts to waters picted in your application and as authorized by this Certification, shall expire upon '
expiration of the 4 CAMA Permit.
If you do not accel of the conditions of this Certification (associated with the approved wetland or '
stream impacts), yc ay ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this lets Co ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina? ral Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, '
Raleigh, N.C. 2769• 14. This certification and its conditions are final and binding unless you ask for a
hearing.
Any dispute: over d ninations regarding this Authorization Certificate (associated with the approved ,
hui '.-Ir impacts) shal referred in writing to the Director for a decision. The Director's decision is
sub ct to re% iew as . ided in Articles 3 and 4 of G.S. 150B. '
Th letter completer review of the Division of Water Quality under Section 401 of the Clean Water
kci f the \.'euse ri to buffer protection rule as described within 15A NCAC 2B .0233. If you have '
t? tion.. pleas( phone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sincerely, ,

Alan W. Klimek, E.
AV
,
cures: GC 3
NrD EEP Mitigation Summary
( rti e of Completion '
a USACF !:alc Regulatory Field Office
Eric K. ,. D Raleigh Regional Office

DLR 1
leigh
final Office '
Filet iv
Ceni Files
Filename:
060613TOCaryWindsorOaksWaterSewerExt(Wake)401
NBR
'
_

1
' Q?? `?Q rvuwaa r, ca?icy, vwcuwi
`Q 61 William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
' p Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
' In accordance with 15A NCAC 2H.0500, the Town of Cary has permission as outlined below to impact 0.24 acres
of wetlands for the purpose(s) of constructing a sustained sewer trunk line to annexed parts of southern Cary at the
interchange of Kingsford Drive and Dutchmans Creek in Wake County. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS
' PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION: Cary, NC
COUNTY Wake
BASIN/ SUB BASIN. Neuse/03020201.
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above
impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts Mitigation
0.24 Acres of Class WL wetland 0.48 Acres of riparian wetland
In correspondence dated April 7, 2006, the EEP indicated that up to 0.48 acres of riparian wetland mitigation will be
conducted by EEP if necessary for the 401 Water Quality Certification and 404 Permit.
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below, An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 060613TOCaryW indsorOaksWaterSewerExt( Wake)401_NBR_EEP
401 OversightlExpress Review Permits Unit
1650 Mad Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
' An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Noe
Carolina
A wra!!y
WQC #3374
UTILITY LINE BACKFILL AND BEDDING CERTIFICATION
E
r Vtl VVl1 v v• ?•
REGIONAL PERMIT 198100049 (UTILITY LINE BACKFILL AND BEDDING)
AND RIPARIAN AREA PROTECTION RULES BUFFER RULES
This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500
and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulatibris in
15A NCAC 2H, Section .0500 and 15A NCAC 26 .0200 for the discharge of fill material to waters and wetland areas
as described in 33 CFR 330 Appendix A (B) (12) and General Permit No. 198100049 of the Corps of Engineers
regulations (i.e., including any fill activity for utility line.backfill and bedding) and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This certification replaces Water Quality Certification (WQC) Number 2664
issued on January 21, 1992, Water Quality Certification Number 3022 issued on September 6, 1995, Water Quality
Certification (WQC) Number 3101 issued on February 11, 1997 and Water Quality Certification Number 3288 issued
on June 1, 2000. This WQC is rescinded when the Corps of Engineers reauthorize Nationwide 12 or Regional Permit
198100049 or when deemed appropriate by the Director of the Division of Water Quality.
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 Certification:
1. Activities covered by this General Certification do not require written concurrence from the Division of Water
Quality as long as they comply with all conditions of this General Certification and the conditions of Nationwide
12 or Regional Permit 198100049 as appropriate. if any condition in this Certification cannot be met,
application to and written concurrence from DWQ are required. Also, Condition No. 6 is applicable to all
streams in basins with riparian area protection rules;
2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request for written
concurrence fora 401 Water Quality Certification must include the appropriate fee. If a project also requires a
CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees;
3. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for stream and/or
wetland impacts. Streamside buffer mitigation maybe required for any project with Buffer Rules in effect at
the time of application for buffer impacts resulting from activities classif ied 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 by DWQ for any Certification involving
written concurrences Including those for relevant Buffer Rules;
4. The edge of the construction corridor shall not be installed parallel to and closer than 10 feet (3 meters) to a
stream and 25 feet in waters classified as HQW. Utility lines shall not cross a stream channel at other than.a
near-perpendicular direction (i.e., stream channel crossings shall not be at an angle of less than 75 degrees
or more than 105 degrees to the stream bank);
5. Any wastewater line that crosses any stream shown on the most recent version of the 1:24,000 USGS
topographic map or NRCS (SCS) County Soil Survey as permanent or intermittent shall be installed with no
joints connected within the footprint of a stream channel or within 2 feet of the stream banks. Otherwise,
written concurrence from DWQ is required;
6. Impacts to any stream length in the Neuse, Tar-Pamlico, Randleman and Catawba River Basins (or any other
river basins with Buffer Rules in eff ect at the time of application) requires written concurrence from DWQ in
accordance with 15A NCAC 2B.0233, .0259, .0250 and .0243. Activities listed as "exempt" from these rules
do not need to apply for written concurrence under this Certification. New development activities located in
the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse, Tar-
Pamlico and Randleman River Basins shall be limited to "uses" identified within and constructed in accordance
with 15A NCAC 213 .0233, .0259, .0250 and .0243. All new development shall be located, designed,
WQC #3374
constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices;
7. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state
until the concrete has hardened; .
' 8. Herbicides can be applied in wetlands or other waters only when applied by a certified applicator, and in strict
accordance with product labeling;
' 9. Placement of rip rap is restricted to the stream bottom and banks directly impacted by the placement of the
utility line. Rip rap may only be used below the normal high water level. The stream cross section must be
restored to its original grade and elevation. Placement of rip rap or other materials shall not result in de-
stabilization of the stream bed or banks upstream of downstream of the crossing;
10. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most
recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the
"North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land
Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best Management Practices
in order to assure compliance with the appropriate turbidity water quality standard;
11. All sediment and erosion control measures placed in wetlands or waters shall be removed and the original
grade restored within two months after the Division of Land Resources has released the project;
12. Annual native species suitable for wet locations shall be planted•,and established within jurisdictional wetlands
for soil and erosion control. Perennials such as fescue are prohibited;
' 13. No fertilizer shall be applied within 10 feet (3 meters) of streams. Any fertilizer application must comply with all
other Federal, State and Local regulations;
' 14. The construction corridor (including access roads and stockpiling of materials) is limited to 40 feet (12.2
meters) in width in wetlands and across stream channels and must be minimized to the maximum extent
practicable;
' 15. Permanent, maintained access corridors shall be restricted to the minimum width practicable and shall not exceed
10 feet (3 meters) in width except at manhole locations. A 10 feet (3 meters) by 10 feet (3 meters) perpendicular vehicle
turnaround must be spaced at least 500 feet (152.4 meters) apart. Written concurrence is required if the maintenance
corridor is greater than 10 feet (3 meters) wide except that a maintenance corridor larger than ten feet is acceptable
for gas pipelines as long as mitigation Is provided for additional wetland fills to the maintenance corridor
beyond those widths specified in this General Certification;
' 16. An anti-seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150
feet (45.7 meters) up the gradient until the utility exits the wetland for buried utility lines. Anti-seep collars may
be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are
' directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet (45.7
meters) long do not require anti-seep collars. The compacted clay shall have a specific discharge of 1 X 10- 5
cm/sec or less. A section and plan view diagram is attached for the anti-seep collars;
r The following specifications shall apply to class B concrete:
a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0
b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
c) Maximum water-cement ratio gallons per sack 6.8
d) Slump range 2" to 4"
e) Minimum strength - 28 day psi 2,500
WQC #3374
17, This General Certification does not authorize any permanent changes in pre-construction elevation contours
in waters or wetlands or stream dimension, pattern or profile. The permittee will have a specific plan for
restoring wetland contours. Any excess material will be removed to a high ground disposal area;
valid a Finding of No Significant Impact
18. If an environmental document is required, issued by this Certification iState Clearinghouse;
(FONSI) or Record of Decision (ROD) is ons
are 19. Stormwater management will not be required for thisCertification as DWQ Regional on as all aother C ndi tiac td to met.
However, in the twenty coastal counties, the appropriate
determine if Coastal Stormwater Regulations still apply;
20. Compensatory mitigation (i.e., restoration, creation or preservation) for wetland losses will not be required for
this Certification if written concurrence is not needed; Wetland
these
ram
Prog
agrees neWrabig to
acc 21. Payment of a dollar per acre figu r ere
as long asRhetWet ands Res ora? on Programacts is
when compensatory mitigator is q
accept this payment. Other mitigation plans must receive written DWQ concurrence,
22. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State
or local approvals;
23. Additional site-specific conditions may be added to projects for which written concurrence eq and effluent
requested under this Certification in order to ensure compliance with all applicable water qualty standards;
shall the
l o an
individual
24. Concurrence from DWQ that tWQ oCertification r on he appldayies
the expiirat onrdat t of the corirespondingaNat onwide
date of the cover letter from D
Permit 12 or Regional Permit 198100049 whichever is sooner; most
recent
the 25. When written concurrence is required, the applicant i work id ncto use uded inethe 401 Certification has been
Certification of Completion form to notify DWQ when all
completed.
Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in
revocation of this Certification for the project and may also result in criminal and/or civil penalties. forma The Director of the North Carolina Division of r qUr rerequire quires written co icu?enceaunde tlhis application for
individual certification for any project in this o activity tha
certification, if it is determined that the of the wetland or downstream wa teas arse precluded. on water quality or
degrade the waters so that existing
Public hearings may be held for specific applications or group of applications prior to a certification decision if
deemed in the public's best interest by the Director of the North_ Carolina Division of Water Quality.
Effective date: 18 March 2002.
DIVISION OF WATER QUALITY
By
Gregory J. Thorpe, Ph.D.
Acting Director
WQC # 3374

WQC #3374
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Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of issuance of Wetland Permit:
County:
Certificate of Com letion ertification and
les, and any
Upon completion of all work approved within the o 0lturn his Qrtjficat C o the O1/WetlandsuUnit, Nuorth Carolina
subsequent modifications, the applicant is required
Division of Water Quality, 1650 Mail Service Center, Raleigh, ? en ineer. 27699-165. This orm may be
noa necessary to send certif?catestfroDm all of
the applicant, the applicant's authorized agent, or the p g
these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
Date:
, , hereby state that, to the best of my abilities, due care and diligence.was
I
caHon c' was oserved to be built within and Bulffer Rulesb the approved plans and spec fbcationsl
used in the observation of the construction suchthat the o
compliance and intent of the 401 Water Quality Certification
and other supporting materials.
Date:
Signature:
If this project was designed by a Certified Professional
as a duly registered Professional (i.e., Engineer,
I, oriz
o observe Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been
state that, to fithe b ettof my ab li(pe s?due carye
weekly, full tune) the construction of the project, for the Permittee hereby erved to be
built w and diligence was used in the observation of the construction such that
Buffer Rules,sthe approved plansiand
Certification
substantial compliance and intent of the 401 Water Quality
specifications, and other supporting materials.
hereby state that, to the best of my abilities, due care and diligence was
substantial
construction such that the construction was observed rto be uilt oved bans. and specifications,
Water Quality Certification and Buffer Rules, the approved p Signature:
Registration No. Date
' ? . aFSU1Fo
' STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
t`, Z
September 11, 2006 " r ij>r lTT?ti7,, F
County: Wake N
v?y
-?j3
?
Subject: Encroachment Contract
8" Sewer Main, 8" Water Main, Fire Hydrants _ QF CARY
SR 1300 & SR 1379 EN'G '-1EL=f7f fq(3 DEPT
' E51-40-06-0538
own of Cary
PO Box 8005
Cary, NC 27512-8005
Dear Sir or Madam,
' Attached for your files is a copy of Right of Way Encroachment Agreement, which has been properly
executed. This contract covers the following:
' 8" Sewer Main, 8" Water Main, Fire Hydrants
5'X 5' MAXIMUM PAVEMENT CUT FOR TAPPING PURPOSES ONLY
This encroachment is approved subject to the Standard and Special Provisions which are attached to and
made a part of the Encroachment Contract.
r
Sincerely,
A. Battle Whitley, IV, P.E.
for J. G. Nance, PE, Division Engineer
JGN/ABW/jbb
cc: Mr. Robert Memory, Manager, Right of Way Branch (w/orig.)
A. Battle Whitley, IV, P.E., District Engineer (w/copy)
Attachment
E51-40-06-0538 2612 N. Duke Street, Durham, North Carolina 27704
Encroachment Special Provisions
1. Changes noted in red on the plans shall be incorporated into and made part of the approved permit.
2. If during construction of this Project pre-existing contaminated and/or hazardous material is ,
discovered or becomes known within the limits of said Project, the Encroacher shall be solely
responsible for any damages caused by the existence of said material now and at any time during
construction of the Project to the extent the Encroacher is legally responsible for the same, and will
save the Department harmless from any legal actions arising as a result of this contaminated and/or
hazardous material.
3. The Construction Contractor shall be responsible for adhering to all provisions for erosion control '
and environmental permitting requirements for the Project. The Department shall be held harmless
for any notifications of violations, noncompliance, or citations, including fines and penalties, due to
lack of oversight error on the part of the Contractor or the contract administrator. '
4. During construction of the project the Construction Contractor, pursuant to the approved project
plans or as directed by the District Engineer, shall provide and maintain adequate barricades, signs, '
signal lights, flagmen, and other warning devices for the protection of traffic in conformance with the
standards and specifications of the Department and the current edition of the Manual on Uniform
Traffic Control Devices for streets and highways published by the Federal Highway Administration.
- -The District Engineer may periodically review the provisions made and maintained by the
Construction Contractor for standards and specifications provided herein.
5. No lane of traffic shall be closed or restricted between the hours of 6:00 AM to 9:00 AM and 4:00
PM to 7:00 PM Monday through Friday. Two way traffic shall be maintained at all times. Any '
violation of these hours will result in termination of the encroachment agreement and liquidated
damages in the amount of $2,000.00 per hour or any portion there of will be assessed by the District
Engineers Office.
6. Excavation within 500 feet of signalized intersection will require notification by the encroacher to
Division Traffic Engineer at 919-560-6856. All traffic signal or detection cables must be located
prior to excavation.
7. The encroaching party shall comply with all applicable state and federal environmental regulations,
and shall obtain all necessary state and federal environmental permits, including but not limited to, '
those related to sediment control, stormwater, wetland, streams, endangered species, and historical
sites.
8. Strict compliance with the policies and Procedures for Accommodating Utilities on Highway Right
of Way manual shall be required.
9. Underground utilities may cross perpendicularly but not run longitudinally under the pavement.
10. The proposed utility shall be steel encased where it crosses the roadway. The encasement pipe shall
extend from ditch line to ditch line in cut sections, 5 feet beyond the toe of slopes in fill sections and
3 feet behind curb in curb and gutter sections. '
11. The proposed utility shall be placed as shown on the attached plans. Manholes and/or vaults shall not
. be placed in the ditch line, side slopes of the ditches or in the pavement. ,
12. All crossings of state maintained routes shall be by bore only.
13. The proposed utility crossing is to be a minimum depth of 3 feet below the roadway travel surface
when installing by conventional bore method..
E51-40-06-0538 Page 2 of 7 ,
14. Directional drilling methods have not been given Statewide approval for use on NCDOT right of
way. Under no condition shall jetting alone or wet boring with water of utility pipelines be allowed.
Directional boring using jetting with a Bentonite (or equivalent material) slurry is approved at a
minimum depth of ten (10) feet below the pavement surface (fifteen (15) feet below the surface of
partial and/or full control of access roads) and five (5) feet below ditch line. Any parallel
installation utilizing the directional bore method shall be made at a minimum depth of three (3) feet
(cover) below the ground surface and outside the theoretical 1:1 slope from the existing edge of
pavement where parallel installation crosses a paved roadway. The tip of the drill string shall have a
cutter head. Detection wire shall be installed with non-ferrous material. Any changes shall be
submitted to the District Engineer for approval prior to construction. For multiple conduit
installations (including perpendicular and parallel installations), install conduits with five (5) feet
minimum horizontal separation between each conduit or install multiple conduits within a single
duct. An overbore shall not be more than 2" greater than the diameter of the pipe, encasement'or
duct. An overbore exceeding 2" greater than the diameter of the pipe, encasement or duct will be
considered if the encroachment agreement includes a statement signed and sealed by a North
Carolina Registered Professional Engineer indicating that an overbore in excess of 2" of pipe,
encasement or duct will arch and no damage will be done to the pavement or subgrade. HDPE pipe
installation by directional boring shall not be connected to existing pipe or fittings for one week from
the time of installation to allow tensional stresses to relax.
15. The proposed utility shall be placed at a minimum depth of 5 feet for installation parallel to the
roadway when using the directional bore method.
16. All pavement cuts for tapping purposes shall be a maximum of 5 feet by 5 feet and shall be repaired
on the same day they are made with 10 inches of Asphalt Concrete Base Course Type 625.08 and
2.5 inches of Asphalt Concrete Surface Course Type S9.5B.
17. All meter bases shall be located off the Right of Way on the property that they serve.
18. Blow-offs shall be directed away from the travel lane.
19. Fire Hydrants shall be of the break-away type. Hydrants shall be placed a maximum of one foot
inside the right of way in ditch sections or a minimum of 6 feet behind the curb in curb and gutter
sections.
20. Any abandoned storm drainage pipe, driveway pipe, sewer line or force main shall be removed or
grouted.
21. All splice boxes, manholes, pedestals, handholes and other appurtenances associated with the
installation of the utility shall not be placed within NCDOT right of way.
22. At points where the utility is placed under existing storm drains the trench will be backfilled with
Class M concrete up to the outside diameter of the existing pipe.
23. Pedestals shall be placed a maximum of one foot inside the Right of Way.
24. Handholes shall be placed no closer than 3 feet from edge of pavement or back of curb.
25. All power poles shall be located/relocated behind the sidewalk.
26. Poles shall be located/relocated at or as near as possible to the right-of-way line, outside clear
recovery area as outlined by AASHTO and outside of sight distance triangles.
27. Hot boxes shall be located outside sight distance triangles and off of the NCDOT Right-of-Way.
' E51-40-06-0538
Page 3 of 7
28. Any existing driveways, curb and gutter or drainage structures that are damaged during construction
shall be repaired to their original condition.
29. Excavated areas adjacent to pavement having more than a 2 inch drop shall be made safe with a 6:1
or flatter slope and shall be designated by appropriate delineation during periods of construction
inactivity, including, but not limited to, night and weekend hours. '
30. All excavations inside the theoretical 1:1 slope from the existing edge of pavement to the bottom of
the nearest excavation wall should be made in accordance with the following conditions. Traffic
should be moved to a travel lane outside the limits of a theoretical one-to-one slope from the bottom
of the nearest trench wall to the pavement surface. Active excavation shoring, such as sheet piling,
shall be installed. The design of the shoring shall include the effects of traffic loads. The shoring
system shall be designed and sealed by an engineer registered in North Carolina. Trench boxes shall '
not be accepted as shoring. The trench backfill material should meet the Statewide Borrow Criteria.
31. The Encroacher shall notify the public and all adjacent property owners and businesses a minimum
of 2 week prior to beginning work.
32. All traffic control must conform to the latest edition of The Manual on Uniform Traffic Control
Devices and NCDOT Standards. Sidewalk closures shall be installed as necessary. Pedestrian traffic '
shall be detoured around these closures and shall be signed appropriately.
33. .The encroacher.is responsible for verifying all right of way. If the right of way was not obtained by._
the fee simple method, it is the responsibility of the encroacher to obtain permission from the
underlying property owner/owners.
34. It shall be the responsibility of the Encroacher to determine the location of utilities within the
encroachment area prior to beginning work. The Encroacher shall be responsible for notifying other
utility owners and providing protection and safeguards to prevent damage or interruption to existing
facilities and maintain accessibility to existing utilities. The encroacher shall be responsible for
facilitating the relocation of all utilities mandated by the project.
35. Ingress and egress shall be maintained to all businesses and dwellings at all times.
36. No parking or material storage shall be allowed along the shoulders of any NCDOT roadways.
37. All materials and workmanship shall conform to the N.C. Department of Transportation's Standards
and Specifications Manuals.
38. All Traffic signs moved shall be reinstalled as soon as possible to meet NCDOT specifications.
39. Any work requiring equipment or personnel within 5 feet of any travel lane shall require a full lane
closure with appropriate tapers.
40. Existing drainage patterns shall be mantained at all times throughout the proposed construction. The
encroacher shall keep the roadway clean of dirt and debris at all times throughout the duration of the
project.
41. Pre-cast concrete manholes, handholes, catch basins, or drainage structures shall be of the type pre-
approved by NCDOT for use within highway Rights of Way.
42. Manhole rings and covers, valve covers, handholes, and storm drainage grates and frames shall be of
the traffic bearing types approved by NCDOT for use within highway Rights of Way.
43. Excavations adjacent to the roadway shall not be left open overnight.
E51-40-06-0538 Page 4 of 7
44. Excavated material shall not be placed on the roadway at any time.
45. Backfill material is to be placed at a maximum of 6 inch loose layers and each layer thoroughly
compacted.
46, The Encroacher shall grade and re-seed all disturbed areas according to NCDOT Standards.
1
E51-40-06-0538 Page 5 of 7
Encroachment Standard Provisions
project limits
I. The permittee shall notify all property owners within the pro? prior to beginning work.
2. Work shall not be performed on both sides of the road simultaneously within the same area.
3. An executed copy of this encroachment agreement will be present at the construction site at all times
during construction. NCDOT reserves the right to stop all work unless evidence of approval can be '
shown.
4. All materials and construction shall be in accordance with NCDOT standards and specifications, '
including but not limited to, the NCDOT Standard Specifications for Roads and Structures 2002, the
NCDOT Roadway Standards Drawings, and NCDOT Policies and Procedures for Accommodating
Utilities on Highway Rights of Way.
5. The traveling public shall be warned of construction with complete and proper signing and traffic '
control devices in accordance with the current Manual on Uniform Traffic Devices (MUTCD) and
NCDOT Standards. No work shall be performed in the Right of Way unless this requirement is
satisfied. NCDOT reserves the right to require a written traffic control plan for encroachment
operations.
6. NCDOT does not guarantee the Right of Way on this road, not Will it be responsible for any claim
for damages brought by any property owner, by reason of the installation.
7. All Right of Way and easements necessary for construction and maintenance shall be dedicated to '
NCDOT with proof of dedication furnished to the District Engineer prior to beginning work.
8. Two-way traffic shall be maintained at all times.
9. No lane closures shall be permitted between the hours of 6:00 AM to 9:00 AM and 4:00 PM to 8:00
PM, Monday through Friday.
10. NCDOT reserves the right to further limit, restrict, or suspend operations within the Right of Way if,
in the opinion of NCDOT, safety or traffic conditions warrant such action.
11. The Traffic Serv ices Supervisor shall be notified at [phone] in Durham prior to beginning
work on the Right of Way if there are existing NCDOT signs, traffic signals, or signal equipment in
or near the proposed work zone. Costs to relocate, replace, or repair NCDOT signs, signals, or
associated equipment shall be the responsibility of the Encroacher.
12. All erosion control devices and measures shall be constructed, installed, maintained, and removed by
the Encroacher in accordance with all applicable Federal, State, and Local laws, regulations,
ordinances, and policies. All earth areas shall be regraded and seeded in accordance with NCDOT ,
Standards Specifications for Roads and Structures 1995. Seeding rates per acre shall be the
following:
Year Round Mixture: 50# Pensacola Bahia Grass; 50# KY 31 Tall Fescue; 5# Centipede; 5004 10- ,
20-20 Fertilizer; 4000# Limestone;
2:1 Slopes Standard Mix: Use Year Round Mixture (Delete Centipede); Add 259 Sericea Lespedeza;
If Using Crown Vetch on 2:1 Slope (September-May): Use Year Round Mixture; Add Crown Vetch
15 Ibs/Ac.; (Delete Centipede and Bahia) ,
E51-40-06-0538 Page 6 of 7
13. When surface area in excess of one acre will be disturbed, the Encroacher shall submit a Sediment
and Erosion Control Plan which has been approved by the appropriate regulatory agency or authority
prior to beginning any work on the Right of Way. Failure to provide this information shall be
grounds for suspension of operations.
14. Notify the District Engineer's Office at [phone], 4009 District Drive, Raleigh, North Carolina
27607, prior to beginning and after completion of work.
' 15. The District Engineer shall be notified in writing at 4009 District Drive, Raleigh, North Carolina
27607, upon completion of work associated with this agreement.
16. It shall be the responsibility of the Encroacher to determine the location of other utilities within the
1 encroachment area. The Encroacher shall be responsible for notifying other utility owners and
providing protection and safeguards to prevent damage or interruption to existing facilities and to
maintain accessibility to existing utilities.
17. At the end of each working day, equipment shall be parked a minimum of 30 feet from the edge of
any travel lane and be barricaded in order not to have any equipment obstruction within the clear
recovery zone.
18. Any drainage structure disturbed or damaged shall be replaced to its original condition at the
discretion of the District Engineer.
with Division of Highways
19 All earth areas disturbed shall be regraded and reseeded in accordance
Standards and Specifications,
20. The applicant is responsible for identifying project impacts to waters of the United States (wetlands,
intermittent streams, perennial streams and ponds) located within the NCDOT right-of-way. The
discharge of dredged or fill material into waters of the United States requires authorization from the
United States Army Corps of Engineers (USACE) and certification from the North Carolina Division
of Water Quality (NCDWQ). The applicant is required to obtain pertinent permits or certification
from these regulatory agencies if construction of the project impacts waters of the United States
within the NCDOT right-of-way. Additional information can be obtained by contacting the USACE
or NCDWQ.
21. The applicant is responsible for avoiding impacts to federally protected species during project
construction. Bald eagle, Michaux's sumac, smooth coneflower, dwarf wedgemussel, harperella, red-
cockaded woodpecker and tar spinymussel are federally protected species that have been identified
within NCDOT right-of-way in Durham, Person, Granville, Wake, Franklin, Vance, and Warren
counties. Additional information can be obtained by contacting the North Carolina Natural Heritage
Program or the United States Fish and Wildlife Services.
22. The applicant is responsible for complying with the Neuse and Tar-Pamlico Riparian Buffer Rule as
regulated by the NCDWQ. The Rule regulates activity within a 50-foot buffer along perennial
streams, intermittent streams and ponds. Additional information can be obtained by contacting the
NCDWQ.
i
1
1
' E51-40-06-0538
1
Page 7of7
STATE OF NORTH CAROLINA ,
ROUTE SR 1300 Kildaire PROJECT Windsor Oaks COUNTY OF Wake
Farm Road and Water and Sewer
SR 1379 Penny Extension Project
Road
DEPARTMENT OF TRANSPORTATION i L !-"- RIGHT OF WAY ENCROACHMENT AGREEMENT
AND- ! r '
I ?`. I . ) 9 '?• PRIMARY AND SECONDARY HIGHWAYS
TOWN OF CARY
J
._ wlsi
nest 1 - rv
dayo? "May 20 06 by and between the Department ,
THIS AGREEMENT, made and entered into th4•the 12 5
of Transportation, party of the first part; and The Town of Cary party of the second part,
WITNESSETH
THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as
Route(s) SRI 300 Kildaire Farm Rd and SR1379 Penny Rd located within the Town of Cary Service Area
with the construction and/or erection of: 2,854 linear feet of 8-inch diameter ductile iron (DI) sewer Interceptor, 6,650
linear feet of 8-inch diameter DI sewer mains and 594 linear feet of 8-inch
diameter DI water mains with nine fire hydrants. The proposed water main will
be bored and jacked to connect to the existing water main located in the
pavement at the intersection of SR 1379 Penny Rd and Kingsford Drive and open
cut to connect to the existing water main in the right of way at the intersection of
SR1300 Kildaire Farm Road and Kingsford Drive. The proposed sewer
interceptor will be bored and jacked under SR 1300 Kildaire Farm Road.
WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of
the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the
right of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right
and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are
made a part hereof upon the following conditions, to with:
That the installation, operation, and maintenance of the above described facility will be accomplished In accordance with the party of
the first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING UTILITIES ON HIGHWAY RIGHTS-OF-WAY, and such
revisions and amendments thereto as may be in effect at the dale of this agreement. Information as to these policies and procedures
may be obtained from the Division Engineer or State Utility Agent of the party of the first part.
That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe and
proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper maintenance
thereof, to reimburse the party of the first part for the cost Incurred for any repairs or maintenance to its roadways and structures
necessary due to the installation and existence of the facilities of the party of the second part, and if at any time the party of the first part
shall require the removal of or changes in the location of the said facilities, that the said party of the second part binds himself, his
successors and assigns, to promptly remove or alter the said facilities, in order to conform to the said requirement, without any cost to the
party of the first part.
That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal lights,
flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices
for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained
from the Division Engineer of the party of the first part.
That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and
claims for damage that may arise by reason of the installation and maintenance of this encroachment.
That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the
Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precaution during
construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, other water
impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations
of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances
and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any
installation or maintenance operation disturbs the ground surface and existing ground cover, the party of the second part agrees to
remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the
first part.
That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the
Division Engineer of the party of the first part.
That the party of the second part agrees to have available at the construction site, at all times during construction, a copy of this
agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all work unless
evidence of approval can be shown.
Provided the work contained in this agreement is being performed on a completed highway open to traffic; the party of the second part
agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed.
Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will
not be required.
That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves
the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost to the party of the
first part.
That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is not
begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by the party of the
second part from the party of the first part.
During the performance of this contract, the second party, for itself, its assignees and successors in interest (hereinafter referred to as
the "contractor'), agrees as follows:
FORM R/W 16.1 (Rev. July 1, 1977)
a. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally-
assisted programs of the U. S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and
made a part of this contract.
b. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the
grounds of race, color, or national origin in the selection and retention of subcontractors, Including procurements of materials
and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B
of the Regulations.
c. Solicitations for Subcontracts including Procurements of Materials and Equipment: In all solicitations either by competitive
bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of
materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color,
or national origin.
d. Information and Reports: The contractor shall provide all Information and reports required by the Regulations, or directives
issued pursuant thereto, and shall permit access to Its books, records, accounts, other sources of information, and its
facilities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to
ascertain compliance with such Regulations or directives. Where any Information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this Information, the contractor shall so certify to the Department of
Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain
the information.
e. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this
contract, the Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration
may determine to be appropriate, including, but not limited to,
(1) withholding of payments to the contractor under the contract until the contractor complies, and/or
(2) cancellation, termination or suspension of the contract, in whole or in part.
f. Incorporation of Provisions: The contractor shall Include the provisions of paragraphs "a" through Y in every subcontract,
including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued
pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Department
of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Department of
Transportation to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request
the United States to enter into such litigation to protect the interests of the United Stales.
R/W (161) : Party of the Second Part certifies that this agreement is true and accurate copy of the form
R/W (161) incorporating all revisions to date.
IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and year first above
written.
MOATN 44 DEPART O ANS ATIQ4 -AV?
? N
BY:
D ISI ENGINEER
ATTEST OR WITNESS:
loft r
Karen Gray Deputy To Jerk Tim Bailey, RE
Town of Cary P.O. Box 8005 Cary, NC 27512-8005 Director of Engineering
Second Party
INSTRUCTIONS: When the applicant is a corporation or a municipality, this agreement must have the corporate seal and be attested by the
corporation secretary or by the empowered city official, unless a waiver of corporate seal and attestation by the secretary or by the empowered City
official is on file in the Raleigh office of the Manager of Right of Way. In the space provided in this agreement for execution, the name of the
corporation or municipality shall be typed above the name, and title of all persons signing the agreement should be typed directly below their signature.
When the applicant Is not a corporation, then his signature must be witnessed by one person. The address should be included In this
agreement and the names of all persons signing the agreement should be typed directly below their signature.
This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the following applicable information:
1. All roadways and ramps.
2. Right of way lines and where applicable, the control of access lines.
3. Location of the existing and/or proposed encroachment.
4. Length, size and type of encroachment,
5. Method of installation.
6. Dimensions showing the distance from the encroachment to edge of pavement, shoulders, etc.
7. Location by highway survey station number. If station number cannot be obtained, location should be shown by
distance from some identifiable point, such as a bridge, road, intersection, etc. (To assist in preparation of the
encroachment plan, the Department's roadway plans may be seen at the various Highway Division Offices, or at the
Raleigh office.)
8. Drainage structures or bridges if affected by encroachment (show vertical and horizontal dimensions from
encroachment to nearest part of structure).
9. Method of attachment to drainage structures or bridges.
10. Manhole design.
11. On underground utilities, the depth of bury under all traveled lanes, shoulders, ditches, sidewalks, etc.
12. Length, size and type of encasement where required.
13. On underground crossings, notation as to method of crossing - boring and jacking, open cut, etc.
14. Location of vents.
GENERAL REQUIREMENTS
Any attachment to a bridge or other drainage structure must be approved by the Head of Structure Design in Raleigh
prior to submission of encroachment agreement to the Division Engineer.
All crossings should be as near as possible normal to the centerline of the highway.
Minimum vertical clearances of overhead wires and cables above all roadways must conform to clearances set out in
the National Electric Safety Code.
Encasements shall extend from ditch line to ditch line in cut sections and 5' beyond toe of slopes in fill sections.
All vents should be extended to the right of way line or as otherwise required by the Department.
All pipe encasements as to material and strength shall meet the standards and specifications of the Department.
Any special provisions or specifications as to the performance of the work or the method of construction that may be
required by the Department must be shown on a separate sheet attached to encroachment agreement provided that
such information cannot be shown on plans or drawings.
The Department's Division Engineer should be given notice by the applicant prior to actual starting of installation
included in this agreement.
ATTACHMENT C-6
Grading and revegetating Zone 2 is allowed provided that the health of the vegetation in
Zone 1 is not compromised, the ground is stabilized and existing diffuse flow is
maintained.
(ii) At the time an existing use is proposed to be converted to another use, this Rule shall
apply. An existing use shall be considered to be converted to another use if any of the
following applies:
(A) Impervious surface is added to the riparian buffer in locations where it did not
exist previously.
(B) An agricultural operation within the riparian buffer is converted to a non-
agricultural use.
(C) A lawn within the riparian buffer ceases to be maintained.
(4) ZONES OF THE RIPARIAN BUFFER. The protected riparian buffer shall have two zones as follows:
(a) Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in Item (6)
of this Rule. The location of Zone 1 shall be as follows:
(i) For intermittent and perennial streams, Zone 1 shall begin at the most landward limit of
the top of bank or the rooted herbaceous vegetation and extend landward a distance of 30
feet on all sides of the surface water, measured horizontally on a line perpendicular to the
surface water.
(ii) For ponds, lakes and reservoirs located within a natural drainage way, Zone 1 shall begin
at the most landward limit of the normal water level or the rooted herbaceous vegetation
and extend landward a distance of 30 feet, measured horizontally on a line perpendicular
to the surface water.
(iii) For surface waters within the 20 Coastal Counties (defined in 15A NCAC 213 .0202)
within the jurisdiction of the Division of Coastal Management, Zone I shall begin at the
most landward limit of:
(A) the normal high water level;
(B) the normal water level; or
(C) the landward limit of coastal wetlands as defined by the Division of
Coastal Management;
and extend landward a distance of 30 feet, measured horizontally on a line
perpendicular to the surface water, whichever is more restrictive.
(b) Zone 2 shall consist of a stable, vegetated area that is undisturbed except for activities and uses
provided for in Item (6) of this Rule. Grading and revegetating Zone 2 is allowed provided that the
health of the vegetation in Zone 1 is not compromised. Zone 2 shall begin at the outer edge of
Zone 1 and extend landward 20 feet as measured horizontally on a line perpendicular to the surface
water. The combined width of Zones 1 and 2 shall be 50 feet on all sides of the surface water.
(5) DIFFUSE FLOW REQUIREMENT. Diffuse flow of runoff shall be maintained in the riparian buffer by
dispersing concentrated flow and reestablishing vegetation.
(a) Concentrated runoff from new ditches or manmade conveyances shall be converted to diffuse flow
before the runoff enters the Zone 2 of the riparian buffer.
(b) Periodic corrective action to restore diffuse flow shall be taken if necessary to impede the
formation of erosion gullies.
(6) TABLE OF USES. The following chart sets out the uses and their designation under this Rule as exempt,
allowable, allowable with mitigation, or prohibited. The requirements for each category are given in Item
(7) of this Rule.
Exempt Allowable Allowable Prohibited
with
Mitigation
Airport facilities:
• Airport facilities that impact equal to or less than 150 X
linear feet or one-third of an acre of riparian buffer
• Airport facilities that impact greater than 150 linear X
feet or one-third of an acre of riparian buffer
Archaeological activities X
NORTH CAROLINA ADMINISTRATIVE CODE Eff. May 1 2007 Page 56
Bridges X
Dam maintenance activities X
Drainage ditches, roadside ditches and stormwater outfall
through riparian buffers:
• Existing drainage ditches, roadside ditches, and X
stormwater outfalls provided that they are managed
to minimize the sediment, nutrients and other
pollution that convey to waterbodies
• New drainage ditches, roadside ditches and stormwater X
outfalls provided that a stormwater management
facility is installed to control nitrogen and attenuate
flow before the conveyance discharges through the
riparian buffer
• New drainage ditches, roadside ditches and stormwater
outfalls that do not provide,control for nitrogen X
before discharging through the riparian buffer
• Excavation of the streambed in order to bring it to the X
same elevation as the invert of a ditch
Drainage of a pond in a natural drainage way provided that X
a new riparian buffer that meets the requirements of Item
(4) and (5) of this Rule is established adjacent to the new
channel
Driveway crossings of streams and other surface water
subject to this Rule:
• Driveway crossings on single family residential lots X
that disturb equal to or less than 25 linear feet or 2,
500 square feet of riparian buffer
• Driveway crossings on single family residential lots X
that disturb greater than 25 linear feet or 2,500
square feet of riparian buffer
• In a subdivision that cumulatively disturb equal to or X
less than 150 linear feet or one-third of an acre of
riparian buffer
• In a subdivision that cumulatively disturb greater than X
150 linear feet or one-third of an acre of riparian
buffer
Fences provided that disturbance is minimized an X
installation does not result in removal of forest vegetation
Forest harvesting - see Item (11) of this Rule
Fertilizer application:
• One-time fertilizer application to establish replanted X
vegetation
X
• Ongoing fertilizer application
Grading and revegetation in Zone 2 only provided that X
diffuse flow and the health of existing vegetation in Zone 1
is not compromised and disturbed areas are stabilized
Greenway/hiking trails X
Historic preservation X
Landfills as defined by G.S. 130A-290 X
Mining activities:
NORTH CAROLINA ADMINISTRATIVE CODE E/f May], 2007 Page 57
• Mining activities that are covered by the Mining Act x
provided that new riparian buffers that meet the
requirements of Items (4) and (5) of this Rule are
established adjacent to the relocated channels
• Mining activities that are not covered by the Mining X
Act OR where new riparian buffers that meet the
requirements or Items (4) and (5) of this Rule are not
established adjacent to the relocated channels
• Wastewater or mining dewatering wells with approved x
NPDES permit
Non-electric utility lines:
• Impacts other than perpendicular crossings in Zone 2 X
only3
• Impacts other than perpendicular crossings in Zone 13 X
Non-electric utility line perpendicular crossing of stream
and other surface waters subject to this Rule 3:
• Perpendicular crossings that disturb equal to or less x
than 40 linear feet of riparian buffer with a
maintenance corridor equal to or less than 10 feet in
width
• Perpendicular crossings that disturb greater than 40 X
linear feet of riparian buffer with a maintenance
corridor greater than 10 feet in width
• Perpendicular crossings that disturb greater than 40 X
linear feet but equal to or less than 150 linear feet of
riparian buffer with a maintenance corridor equal to
or less than 10 feet in width
• Perpendicular crossings that disturb greater than 40 X
linear feet but equal to or less than 150 linear feet of
riparian buffer with a maintenance corridor greater
than 10 feet in width
• Perpendicular crossings that disturb greater than 150 X
linear feet of riparian buffer
On-site sanitary sewage systems - new ones that use ground x
absorption
Overhead electric utility lines:
• Impacts other than perpendicular crossings in Zone 2 X
only3
• Impacts other than perpendicular crossings in Zone 1 x
1,2,3
Overhead electric utility line perpendicular crossings o
streams and other surface waters subject to this Rule3
• Perpendicular crossings that disturb equal to or less x
than 150 linear feet of riparian buffer 1
• Perpendicular crossings that disturb greater than 150 X
linear feet of riparian buffer 1,2
Periodic maintenance of modified natural streams such as x
canals and a grassed travelway on one side of the surface
water when alternative forms of maintenance access are no
practical
1 Provided that, in Zone 1, all of the following BMPs for overhead utility lines are used. If all of these BMPs are not
used, then the overhead utility lines shall require a no practical alternatives evaluation by the Division.
NORTH CAROLINA ADMINISTRATIVE CODE Eff. May I, 2007 Pau 58
• A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed such that only vegetation ,
that poses a hazard or has the potential to grow tall enough to interfere with the line is removed.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain where trees are
cut.
• Rip rap shall not be used unless it is necessary to stabilize a tower.
• No fertilizer shall be used other than a one-time application to re-establish vegetation. ,
• Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time
in which areas remain in a disturbed state.
• Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of stormwater
through the buffer. ,
• In wetlands, mats shall be utilized to minimize soil disturbance.
Provided that poles or towers shall not be installed within 10 feet of a water body unless the Division completes a no
practical alternatives evaluation.
Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees and 105 degrees.
Exempt Allowable Allowable Prohibited
with
Mitigation
Playground equipment:
• Playground equipment on single family lots X
provided that installation and use does not result
in removal of vegetation
• Playground equipment installed on lands other than X
single-family lots or that requires removal of
vegetation
Ponds in natural drainage ways, excluding dry ponds:
• New ponds provided that a riparian buffer that meets X
the requirements of Items (4) and (5) of this Rule
is established adjacent to the pond
• New ponds where a riparian buffer that meets the X
requirements of Items (4) and (5) of this Rule is
NOT established adjacent to the pond
Protection of existing structures, facilities and X
streambanks when this requires additional disturbance of
the riparian buffer or the stream channel
Railroad impacts other than crossings of streams and X
other surface waters subject to this Rule
Railroad crossings of streams and other surface waters
subject to this Rule:
• Railroad crossings that impact equal to or less than X
40 linear feet of riparian buffer
• Railroad crossings that impact greater than 40 linear X
feet but equal to or less than 150 linear feet or
one-third of an acre of riparian buffer
• Railroad crossings that impact greater than 150 X
linear feet or one-third of an acre of riparian
buffer
Removal of previous fill or debris provided that diffuse X
flow is maintained and any vegetation removed is
restored
Road impacts other than crossings of streams and other X
NORTH CAROLINA ADMINISTRATIVE CODE Eft: May 1, 2007 Page 59
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