20041897 Ver 1_Complete File_20041124

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 10, 2005
DWQ Project # 04-1897
Wake County
Kildaire Farms Development Corporation
Attn: Alan Roberds
1183 W. Chatham Street
Cary, NC 27513
Subject Property: Kildaire Farms Subdivision, Cary, NC
Approval of 401 Water Quality Certification and with Additional Conditions
Dear Mr. Roberds:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 140 feet of streams for the purpose of stabilization at the subject property, as
described within your application dated November 22, 2004 and received by the N.C. Division of Water
Quality (DWQ) on November 24, 2004 and additional information received on February 14, 2005. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3495 (GC3495). The Certification(s) allows you to use Nationwide Permit(s) 27
when issued by the US Army Corps of Engineers (USACE). 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
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 Approved (Units) Plan Location or Reference
Stream 140 (feet)
401 OversightlExpress Review Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone]/ Internet: http://h2o.enr.state.ne.us/ncwetlands
Ne
o Carolina
Ntura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Kildaire Farms Development Corp r
Page 2 of 3
March 10, 2005
2. Erosion & 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 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 anti Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. 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.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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 lianagement Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall net 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. 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/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
'Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to Nvaters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Kildaire Farms Development Corp
: Page 3 of 3
March 10, 2005
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Eric Kulz or Mike Horan in the DWQ Raleigh Regional Office at 919-571-4700.
Sincerely,
Alan W. Klimek, P.E.
AWKlcbk/bs
Enclosures: GC 3495
Certificate of Completion
cc: Daniel Clinton, NCSU, Campus Box 7625, Raleigh, NC 27695
USACE Raleigh Regulatory Field Office
'DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 04-1897 Kildaire Farms Subdivision (Wake) 401 NBR
A.
North Carolina State University is a land- Department of Biological and
grant university and a constituent institution Agricultural Engineering
of The University of North Carolina
Box 7625
Raleigh, NC 27695-7625
NC Department of Water Quality
401 Oversight/Express Review Unit
Attn: Cyndi Karoly
1650 Mail Service Center
Raleigh, NC 27699-1650
Subject: Unnamed Tributary in Kildare Farms Subdivision
(Reference # 04-1897)
919.515.2675
919.515.6772 (fax)
22U90MR 9
FEB 1 4 ;r,,,-
WETLAN S AND TOAi? W TER BR I rH
Existing Conditions
Top of Bank Area (f02) 44.7
Bankfull Area (ft^2) 10
Bankfull Width (ft) 10.9
FP Width (ft) 23
Entrenchment Ratio 2.11
Avg WS Slope 1.2%
Sinuosity 1.3
The homeowners association contacted Mr. Dan Clinton at North Carolina State
University for assistance. After visiting the site, it was determined that the site would
be an excellent choice for a demonstration project to show how to repair small
degraded channels in urban settings. NC State University is providing design and
permitting services. NC State University has also directed the homeowners group to a
local contractor with experience in stream restoration and stabilization.
Dear Ms. Karoly,
This letter and attached information is in response to your request for additional
information regarding the stream stabilization project on the Unnamed Tributary in
Kildare Farms Subdivision.
Description of Project
This project was initiated through the Kildare Farms homeowners group. Homeowners
were worried about an area of severe erosion adjacent to their town home. The
streambank was eroding toward the town home foundation (within 17-feet of footing).
In addition, phone utility lines are now exposed along the eroding streambank. The
channel is considered a safety hazard by local landowners.
Landowners have made efforts to stabilize the bank by piling plastic covered sandbags
along the eroding bank. These efforts were not effective.
The current conditions of the channel are listed below.
AL
Re-stabilization Methods
The goals of the project are to stabilize the eroding section of channel and address long-
term stability. Stabilization will be obtained through cutting a new channel alignment
that creates a more stable channel pattern. Long-term stability will be obtained through
resizing the channel to a more appropriate bankfull cross-section, establishing a
floodplain adjacent to the channel, providing grade control in the form of constructed
riffles, and establishing a dense herbaceous cover on the channel banks. Coir matting
will be used on the channel banks to provide temporary protection until grasses can
become established. Live stakes will also be used on the channel banks to help provide
for long-term stability.
Along with previous mentioned herbaceous cover and live stakes, bare root seedlings
will be planted in all disturbed areas adjacent to the stabilized channel. Total disturbed
area is 6500 square feet (0.15 acres) excluding access path. 60 bare root trees will be
planted to meet 400 stems per acre guidelines.
The propose conditions table below shows the design conditions for the stabilized
reach. The final length of relocated channel is anticipated to be 117 feet replacing 159
feet. The decrease in length is due to the highly sinuous tight meanders that are
presently eroding.
Exist. Conditions Proposed Conditions
Top of Bank Area (ft^2) 44.7 10
Bankfull Area (ft^2) 10 10
Bankfull Width (ft) 10.9 8
FP Width (ft) 23 100
Entrenchment Ratio 2.11 12.5
Avg WS Slope 1.2% 1.4%
Sinuosity 1.3 1.1
Project Schedule
We would like to begin immediately upon DWQ 401 approval. It is expected the -
construction will take no more than three days to complete. NC State will provide
construction oversight and also be holding a tour during construction to local officials
to present alternative methods for channel stabilization in urban areas.
Thank you for your review of these documents. Please contact me with any questions or
comments.
Thank You,
Dan Clinton, PE
North Carolina State University
i
EXPOSED SUB-
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CONSTR
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Top of Bank
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Property Map
[Fwd: RE: Kildare Farms Stream Work]
Subject: [Fwd: RE: Kildare Farms Stream Work]
From: Larry Eaton <[e-mail]>
Date: Wed, 09 Feb 2005 09:10:21 -0500 LI ` r3 CZ
To: Cyndi Karoly <[e-mail]> ?
?GJ
It looks like Dan Line and the Homeowners have submitted enough info that we canbe fairly confident
that they have a plan in place.
My only real question is how many large trees they plan to save? 5-7 medium to large trees are noted in
the site plan. The proposed restored channel will go right through one, but it is unclear how many, if
any, of the others can be saved. Since the root balls of trees are as large or larger than the crown of the
tree, and those roots help bind the soil and make erosion more difficult, any trees that can be saved will
reduce the chance of mass stream erosion and migration.
Larry
-------- Original Message --------
Subject:RE: Kildare Farms Stream Work
Date:Tue, 8 Feb 2005 13:35:24 -0500
From:"Dan Clinton" <dan clinton(ci%ncsu.edu>
Organization:NC State University
To:"'Cyndi Karoly"' <[e-mail]>, "'Bob Zarzecki"'
<bob.zarzecki(c ncmail.net>
CC:"'Larry Eaton"' <larry.eaton(ci,ncmai].net>, "'todd stjohn"' <dingofuzz(u?hotmail.com>,
"'Alan Roberds"' <[e-mail]>, "'Dan Clinton"' <dan [e-mail]>
Cyndi,
I have attached the requested documentation regarding the Kildare Farms stream stabilization project (DWQ
project # 04-1897). Please review and return comments. I can send a hard copy at your request. The plan sheets
came into powerpoint a little fuzzy.
I hope the attached information is sufficient to meet your previous request. This project is a stream stabilization
project and will not be used for buffer or stream mitigation credits.
Thanks for taking time to review the documentation
Daniel R. Clinton, PE
Extension Associate
NC State Cooperative Extension
North Carolina State University
Campus Box 7625
Raleigh, NC 27695
[phone]
Fax: [phone]
Cell: [phone]
-----Original Message-----
From: Cyndi Karoly [mailto:[e-mail]]
I of 3 2/10/2005 4:43 PP
RE: Kildare Farms Stream Rork]
Sent: Tuesday, December 21, 2004 9:52 AM
To: Bob Zarzecki
Cc: Dan Clinton; Larry Eaton
Subject: Re: Kildare Farms Stream Work
Fm booked Jan 10 and 18. Larry - can you make Jan 10 or 18? Perhaps if you and Bob could
meet onsite with Dan that would be sufficient. My calendar doesn't start opening up until late
January.
Bob Zarzecki wrote:
I believe that the 10th and 18th are currently open for me.
Dan Clinton v.-rote:
Cyndi,
I received comments regarding the Kildare Farms Subdivision permit application (#04-1897) and would
like to meet with you, Larry Eaton, and Bob Zarzecki on site sometime in early January, if possible. Please
let me know if you can make it one of the following dates: Jan 4th, Jan 10 through 14, Jan 18 (before
noon).
I hope to have revised plans that address your comments at that time.
Thanks
Daniel R. Clinton, PE
Extension Associate
NC State CooperatiN,e Extension
North Carolina State L nix-ersit?-
Campus Box 7625
Raleigh, NC 27695
(919) 515-67771
Fax: [phone]
Cell: [phone]
-----Original Message-----
From: Cyndi Karoly [mailto:[e-mail]]
Sent: Thursday, December 09, 2004 11:50 AM
To: Dan Clinton
Subject: Re: Kildare Farms Stream Work
Received here 11/24/04. As you know, you will get a response within our 60-day clock.
Dan Clinton wrote:
Cyndi,
Hi. I am checking on the status of a permit: application I submitted for the Kildare Farms
Sub-division. I am in the process of trying to get a contractor to conduct he work and was
wondering if you had a chance to look at the permit application. Please let me know if you have
any questions.
Thanks
2/10/2005 4:43 PM
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O?OF W A'Fq Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
December 15, 2004
DWQ Project # 04-1897
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Kildaire Farms Development Corp.
Attn: Alan Roberds
1183 W. Chatham Street
Cary, NC 27513
Subject Property: Unnamed Tributary in Kildaire Farms Subdivision
REQUEST FOR MORE INFORMATION
Dear Mr. Roberds:
On November 24, 2004, the Division of Water Quality (DWQ) received your application dated November
22, 2004 to 140 feet of streams to construct the proposed Streambank stabilization and channel relocation.
The DWQ has determined that your application was incomplete and/or provided inaccurate information
as discussed below. The DWQ will require additional information in order to process your application to
impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the
additional information requested below, we will have to move toward denial of your application as
required by 15A NCAC 2H.0506 and will place this project on hold as incomplete until we receive this
additional information. Please provide the following information so that we may continue to review your
project.
Additional Information Requested:
1. Plan Details
a. Please provide design plans for this project.
b. Please provide maps of project that depict footprint of stream, property boundaries, buildings,
and other infrastructure (e.g. sewer lines, light poles).
c. Please provide projection implementation schedule.
d. Please provide monitoring schedule and plan.
e. Please provide a buffer restoration plan.
2. Schedule Meeting
It is recommended that you request a meeting with 401 wetlands staff to further discuss your
project.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and Eric Kulz of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we
will assume that you no longer want to pursue this project and we will consider the project as withdrawn.
401 OversighUExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.state.no.us/ncwetlands
None
Nose Carolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Kildaire Farms Development Corp
Page 2 of 2
December 15, 2004
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Larry Eaton or Ms. Cyndi Karoly at 919-733-1786 if
you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
i
Cy di Karoly, Supervisor
401 Oversight Unit
CBKlbs
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Daniel Clinton, NCSU, Campus Box 7625, Raleigh, NC 27695
Filename: 04-1897 Kildaire Farms Homeowners (Wake) On Hold

KILDAIRE FARMS HOMEOWNERS ASSOCIATION
C/O HRW,,Inc.'
1183 West Chatham Street
Cary, NC 27513
919-469-8661
919-469-4831 FA$?-'# D
NUV24
2004
h*TLAW6p TER QUALITY
Division of Water Quality ,WORYWj*RBRAW{
401 Wetlands Unit
Raleigh, NC 27699-1650 o41897'
Telephone: [phone]
Fax: [phone] -_
The Kildaire Farms Homeowners Association has given Mr. Dan Clinton of North
Carolina State University the Authority to act as the Agent/Consultant and to apply for
the permit to stabilize/restore the section of the Unnamed Tributary in the Kildaire Farms
Subdivision. As an agent, all correspondence shall be directed to him at the contact
information listed in the PCN Application.
Thank You

Alan Roberds - Managing Agent, Kildaire Farms Home Owners Association

North Carolina State University is a land- Department of Biological and
grant university and a constituent institution Agricultural Engineering
of The University of North Carolina
Box 7625
Raleigh, NC 27695-7625
Division of Water Quality
401 Wetlands Unit
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
919.515.2675
919.515.6772 (fax)
Please review the attached Preconstruction Notification Application for proposed
streambank stabilization/restoration of the Unnamed Tributary at the Kildare Farms
Subdivision. I will be acting as agent for the homeowners association for the project. The
site is actively eroding and is now within 15 feet of a town home adjacent to the creek.
North Carolina State University would like to do this small scale project as an
educational demonstration project. Enclosed is the following information:
1. Preconstruction Notification Application
2. Plan View Sketch of the Existing Conditions
3. Plan View Sketch of the Proposed Conditions
4. Existing and Proposed Cross-section of the Stream
5. Existing Conditions Photos
6. Site Map
Please review the attached information and return comments. I will be available to meet
on-site at your request.
Th k You,
Daniel R. Clinton, PE
Extension Associate
NC State Cooperative Extension
North Carolina State University
Campus Box 7625
Raleigh, NC 27695
[phone]
Fax: [phone]
Cell: [phone]

Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.army.mil/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at httl2://www.saw.usace.army.mil/wetlands/regtour.htm, or contact one of the field
offices listed on page 3 of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetiands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should
contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application) prior to submittal of the application.
.?O G
cry ?.
o.--
Page 1 of 2
Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). DCM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such
cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits.
The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit. The addresses for
both agencies are listed on page 3 of this application.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the
USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This
PCN form is designed for the convenience of the applicant to address information needs for all USACE
Nationwide, Regional or General permits, as well as information required for State authorizations,
certifications, and coordination. Fully providing the information requested on this form will result in a
complete application for any of the USACE Nationwide, Regional or General permits. To review the
minimum amount of information that must be provided for a complete PCN for each USACE
Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at
http://www.saw.usace.army.mil/wetlands/nwj2finalFedRe.g.pdf. Processing times vary by permit and
begin once the application has been determined to be complete. Please contact the appropriate
regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/newetlands/fees.htmi. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 2
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg
151 Patton Avenue Ashe Cherokee Iredell Mitchell
Room 208 Avery Clay Jackson Polk
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan
Telephone: [phone] Burke Gaston Macon Rutherford
Fax: [phone] Cabarrus Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash Surry
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warren
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office
US Army Corps Of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
Telephone: [phone]
Fax: [phone]
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
US Fist;
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Anson Duplin Onslow
Bladen Harnett Pender
Brunswick Hoke Richmond
Carteret Montgomery Robeson
Columbus Moore Sampson
Cumberland New Hanover Scotland
North Carolina State Agencies
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
i and Wildlife Service / National M
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Pitt
Tyrrell
Washington
Wayne
Swain
Transylvania
Union
Watauga
Yancey
*Croatan National Forest Only
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
Page 3 of 3
Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
Telephone: [phone]
Fax: [phone]
Western Piedmont Region Coordinator
3855 Idlewild Road
Kernersville, NC 27284-9180
Telephone: [phone]
Mountain Region Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville, NC 28786
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
Beaufort Chowan Hertford Pasquotank
Bertie Craven Hyde Pender
Brunswick Currituck New Hanover Perquimans
Camden Dare Onslow Tyrrell
Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Alleghany Caldwell Watauga
Ashe Mitchell Wilkes
Avery Stokes
Burke Surry
Buncombe Henderson Polk
Cherokee Jackson Rutherford
Clay Macon Swain
Graham Madison Transylvania
Haywood McDowell Yancey
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1- 4.
Page 4 of 4

orm Version May 2002
Office Use Only: 941897 F
USACE Action ID No. DWQ 0.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 27
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: KILDAIRE FARMS DEVELOPMENT CORP - Alan Roberds
Mailing Address:
1183 W. Chatham Street
CARY NC 27513
Telephone Number: [phone] Fax Number: N/A
E-mail Address: [e-mail]
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Daniel Clinton
Company Affiliation: North Carolina State University
Mailing Address: Campus Box 7625
Raleigh NC 27695
Telephone Number: 919-515-6771 Fax Number: 919-515-6772
E-mail Address: dan [e-mail]
Page 5 of 5

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Unnamed Tributary in Kildare Farms Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0763312801
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): KILDAIRE FARMS DEVELOPMENT
Directions to site (include road numbers, landmarks, etc.): From Intersection of Cary Pkw
and Kildare Farm Rd Follow Kildare Farm Rd North Turn Left on High Meadow Dr.
Follow High Meadows Dr and turn Left on Allison Way. Park beside 131 Allison Way. Walk
down hill along utility easement to the creek The project is located in the tight's-bend'.
5. Site coordinates, if available (UTM or Lat/Long): No road crossings
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 0.44
7. Nearest body of water (stream/river/sound/ocean/lake): Swift Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http•//h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The project is located in open (common use) area within the
Kildare Farms subdivision The creek has developed a very tight meander form and has
Page 6 of 6
F
undermined telephone utility lines adjacent to the left bank and is threatening the foundations
of several town homes.
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed action is to realign 140 linear feet of the channel to a more stable meander pattern
and to establish a floodplain adjacent to the new channel. A riffle-pool sequence will be
established along the relocated channel. The relocated channel will be seeded with temporary
and permanent seed as well as planted with live stakes and small caliper trees. Streambanks
will be matted with coir fiber matting.
Proposed equipment will be a track-hoe and a front end loader.
11. Explain the purpose of the proposed work:
To stabilize a severely eroding streambank through relocation and floodplain establishment.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No previous permits have been submitted for this project to the best of my knowledge.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permit requests are anticipated for this section of the creek.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
Page 7 of 7

delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts:
Impacts are the relocation of 140 linear feet of stream channel for the purpose of stabilization.
No wetland impacts on this project
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, out are not nmtted to: mechanized cica1 h,g, g1 ad111g, ,,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httn://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: None observed
Total area of wetland impact proposed: Zero
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma) (linear feet) Before Impact (please secif )

1
relocation
140 UT at Kildare Farm
g feet
Perennial
subdivision

* List each impact separately and identity temporary Impacts. unpacts utclude, ud1 WE; 11V1 1111UL t= .u...=., . _? - ••r -r+
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
**, Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
j downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.tisgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Page 8 of 8
.A
Cumulative impacts (linear distance in feet) to all streams on site: 140'
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: rill, excavation, areogmg,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The stream has undermined existing telephone utility lines and is nearing the foundation of
several town home The active erosion is resulting in migration of the channel. Relocation is the
lowest feasible option.
Page 9 of 9

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.htmi.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No mitigation is proposed
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at httj2://h2o.enr.state.nc.us/wip/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Page 10 of 10
API.
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes N No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet)
Multiplier Required
Mitigation
1 3
2 1.5
Total
Gone 1 extends out 3U teet perpendicular trom near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of I I
A
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
There presently is fescue planted within the buffer that is mowed on a regular basis. The
proposed action is to replant with native species and restrict mowing at the site.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
No impervious acreage exists or is proposed.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
No wastewater will be generated on this project
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
Existing Conditions
Erosion

Existing Walking Trail
Proposed Action
Fill Existing ? Flnnrinlain I invite
lI
Existing Walking Trail
98
96
94
92
90
88
UT Kildare Farm Proposed
-s Existing
-.- Proposed
0 20 40 60 80 100
Project Site Spring 2004
,ts
t ; w;

Project Site Fall 2004

I
N y

t
?
-

'. WIN
r
f`
1. -tr i
Y ? Y
R ?•
't? Y'...s?•? :`?'. -,. _ ..• L_K Lam,. ?.. .??
Looking upstream at the start of project
L t 1
Looking downstream from the midpoint of the
project
? "': arY

Midpoint of the project - Existing Bank
0

Looking downstream at the end of project

Project Location
? Dorn
?3 00ft
I
j
Crr
?Ok
//Y/vs
7ZI

l044
v
d ?5
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m
a
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J416c lip J )

DWQ# Date
Plan Detail Incomplete
1

Who Reviewed:
? pie= provide a location map for the project
? Please show 0 stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes.on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted
Avoidance and/or Nfinimization Not Provided {: t
? Th. labeled as on the plans does not appear to be necessary. Please eliminate the or provide add tioial
information as to why it is necessary for this project
? This Office believes that the labeled on the plans as _ can be moved or reconfigured to avoid the impacts to the
Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as _ can be moved or reconfigured to minimize the impacts to the
Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
Mitigation
? of compensatory mitigation is required for this project -Please provide a compensatory mitigation plan. The
plan =ust conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed
? Please indicate which 404 Permit the IISACE would use to authorize this project
k' a
I Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
I Print your name and address on the reverse
so that we can return the card to you.
I Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:.
Xature
\?/) { Agent
k / A ( A 13 S Addy.
B. Received by (Printed Name) C. Date of Deliver)
1 z -/7'x'4
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
Kildaiie Farms Development Corp.
1183 W. Chatham Street
Cary, NC 27513 ?. Service Type
DWQ# 04-1897 - Wake I ) Certified Mall ? Express Mali
? Registered 14 Return Receipt for Merchandise
? Insured Mail ? C.O.D. _
f 4. Restricted Delivery? (Extra Fee) ? Yes
Article Number ?004 1160 0002 2? 0 6?049
(Transfer from service iabeo ecwwnnwwww?? w
S Form 3811, February 2004 Domestic Return Receipt 102595.02-M-154
UNITED STATES POSTAL SERVICE ?y,,V
21 G
• Sender: Please print
First Class ii'
Post o(o 8, Feees P at&
USPe•?
.F?eunit?"t?= t0
and ZIP+4
I
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604