20041973 Ver 1_Complete File_20050114

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Mr. Dale Mauney
1721 Dogwood Hill Dr.
Denver, NC 28037
Subject Property: Lot 74, Lucky Point S/D
Michael F. Eusle?. Governor
William G. Ross Jr.. Secretary
North Carolina Department of Errvimnment and Natural Resources
Alan W. Klimek. P.E. Director
Division of Watcr Quality
January 14, 2005
DWQ# 04-1973
Lincoln County
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Mauney:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.007 acre of waters and 0.005 acre of riparian buffer for the purpose of
installing riprap along approximately 205 linear feet of shoreline on Lake Norman, as described in your
application received on December 17, 2004. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3373, which can be viewed on our web site
at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and
Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243 (5)).
2. No trees shall be removed from the buffer except along the immediate (within 2ft) shoreline.
3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit.
If you do not accept any of the conditions of this certification, 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 (that
NorthCarolina
N194 MIly
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
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Mr. Dale Mauney
1721 Dogwood Hill Dr.
Denver, NC 28037
Subject Property: Lot 74, Lucky Point S/D
Michael F. Easlec. Governor
Willium G. Koss Jr.. Secretary
North Carolina Department of Grvimnment and Natural Resources
Alan W. Klimek. P.E. Director
Division of \Vatcr Quality
January 14, 2005
DWQ# 04-1973
Lincoln County
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Mauney:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.007 acre of waters and 0.005 acre of riparian buffer for the purpose of
installing riprap along approximately 205 linear feet of shoreline on Lake Norman, as described in your
application received on December 17, 2004. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3373, which can be viewed on our web site
at http://h2o.enr.state.nc.us/ncwetiands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and
Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243 (5)).
2. No trees shall be removed from the buffer except along the immediate (within 2ft) shoreline.
3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401 /Wetlands Unit.
If you do not accept any of the conditions of this certification, 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 (that
Not thCarolina
,V,atunvIl
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper
Page 2
conforms to Chapter 1506 of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
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 Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,

For Alan W. Klimek, P. E.
AKIaj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
Shoreline Mgt.
Central Files
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Michael F. laslry. Governor
William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 14, 2005
DWQ# 05-0020
Catawba County
Mr. John C. Jaye
1238 W. Fletcher St., Unit D
Chicago, IL 60657
Subject Property: Lot 156, Northview Harbor
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Jaye:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.014 acre of waters and 0.009 acre of riparian buffer for the purpose of
installing riprap along approximately 205 linear feet of shoreline on Lake Norman, as described in your
application received on January 5, 2005. After reviewing your application, we have determined that this project
is covered by Water Quality General Certification Number 3373, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and
Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243 (5)).
2. No trees shall be removed from the buffer except along the immediate (within 2ft) shoreline.
3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401 /Wetlands Unit.
If you do not accept any of the conditions of this certification, 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 (that
NorthCarolina
JVatura!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Page 2
conforms to Chapter 1508 of the North Carolina General Statutes) to the Office of A
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions
you ask for a hearing.

714
This letter completes the review of the Division of Water Quality under Section 401 of the Cli Water Act.
If you have any questions, please telephone Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,

For Alan W. Klimek, P.E.
AK/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
CBC Seawalls
Central Files
`CF \NATF9
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Mr. Herschel L. Farmer
195 Brawley Harbor Pl.
Mooresville, NC 28117
Subject Property: Lot 824, Lightship Dr.
Michael F. Fasle\. Governor
William G. Ross Jr., Secretary
North Carolina Department of larvimnmcnt and Natural Resources
Alan W. Klimek. P.E. Director
Division of \Vater Quality
January 14, 2005
DWQ# 05-0017
Iredell County
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Farmer:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.011 acre of waters and 0.011 acre of riparian buffer for the purpose of
installing riprap along approximately 247 linear feet of shoreline on Lake Norman, as described in your
application received on January 5, 2005. After reviewing your application, we have determined that this project
is covered by Water Quality General Certification Number 3373, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and
Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243 (5)).
2. No trees shall be removed from the buffer except along the immediate (within 2ft) shoreline.
3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401 /Wetlands Unit.
If you do not accept any of the conditions of this certification, 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 (that
NorthCarolina
Nawra!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 281 15 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
Page 2F o?NR. ?0 O
conforms to Chapter 1506 of the North Carolina General Statutes) to the Office of Admin?t`rs rings,6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final an ','if' ,.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 Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,

For Alan W. Klimek, P.E.
AK/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
Central Files
,b
OF WAT?9 Michael F. Easley, Governor
p William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r-? Alan W. Klimek, P.E.,Director
p Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 3, 2004 a (9 La U V/ 02
Paul Stephens DEC 0 7 2004
3520 Triad Court
Winston Salem, NC 27107 DENR • WATER QUALITY
WETLANDS AND STORMWATER BRANCH
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
Dredge boat slip
@ 119 Riverside Drive
DWQ Project # 041846
Carteret County
Dear Mr. Stephens:
You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the
following activity adjacent to your property at 119 Riverside Drive, Morehead City in Carteret County.
This approval allows you to:
1. Using a backhoe and dredgeline to excavate a 19.60' wide by 38.90' long access boat slip to a
depth of -6.0' Mean Low Water, for the purpose of accessing the boat slip from Peletier Creek.
This approval is only valid for the purpose and design that you described in your completed CAMA
application received by the Division of Water Quality (DWQ) on November 16, 2004. After reviewing
your application, we have determined that General Water Quality Certification Number 3400 covers this
activity. This Certification can also be found on line at: http://h2o.enr.state.nc.us/ncwetlands/certs.html.
This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management
issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable
to your project, such as (but not limited to) Sediment and Erosion Control, Non-Discharge and Water
Supply Watershed regulations and Coastal Stormwater. In addition, this approval will expire when the
accompanying CAMA Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your completed CAMA
Major Permit application received by the Division of Coastal Management on October 25, 2004. If you
change or modify your project, you must notify the Division (DWQ) in writing and you may be required to
send us a new application for a new certification. If the property is sold, the new owner must be given a
copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If
total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H.0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and the additional conditions listed below:
1. 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 this office and a copy to the 401 Oversight/Express Review Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650;
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina
Aaturnlly
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' Page Two
Paul Stephens
Project # 041846
December 3, 2004
2. No excavation and 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 CAMA Major Application. 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.
Please notify this Office at the number listed below if any problem arises during the construction of
the project that may affect water quality.
If you do not accept any of the conditions of this certification, 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 conforming to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the DWQ Permit #041846 under Section 401 of the Clean Water
Act. If you have any questions, please telephone Joanne Steenhuis or Rick Shiver at 910-395-3900.
Sincerely,

Alan W. Klimek, P.E., Director
Division of Water Quality
Attachments: GC # 3400
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office - Henry Wicker
40 1 Oversite/Express Permitting Unit - Cyndi Karoly
CAMA Morehead - Tere Barrett
CAMA Morehead - Doug Huggett
Stroud Engineering - Mathew Montanye
WiRO
W A T ?9QG

C? `wlll::?
Michael F. liaslcy. 6overnor
William 6. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek. P.E. Director
Division of Water Quality
January 14, 2005
DWQ# 04-2043
Iredell County
Mr. Craig Bakstad
14N808 Route 25
East Dundee, IL 60118
Subject Property: Lot 521, Masthead Ct., The Point
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Bakstad:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.006 acre of waters and 0.006 acre of riparian buffer for the purpose of
placing river rock along approximately 150 linear feet of shoreline on Lake Norman, as described in your
application received on December 23, 2004. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3373, which can be viewed on our web site
at http://h2o.enr.state.nc.us/ncwetiands. The General Certification allows you to use Regional Permit No.
198200030 once' it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and
Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243 (5)).
2. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit.
If you do not accept any of the conditions of this certification, 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 (that
conforms to Chapter 150B of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
NotthCarolina
JVatura!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
This letter completes the review of the Division of Water Quality under Section 401 th Clem ct.
If you have any questions, please telephone Alan Johnson in the Mooresville Regional O t 7( ;,66 - or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721. ?y &
os??? BOO ? .
?o? S O
Sincerely,
ti
For Alan W. Klimek, P.E.
AK/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
CBC Seawalls
Central Files
ot0F %N A LF9

10 `„ 1
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Lnvimnmcnt and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 14, 2005
DWQ# 05-0031
Catawba County
Mr. Michael P. Sullivan
141 Sullivan Lane
Zelienople, PA 16063
Subject Property: Lot 25, Long Bay
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Sullivan:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.007 acre of waters and 0.007 acre of riparian buffer for the purpose of
constructing a seawall along approximately 147 linear feet of shoreline on Lake Norman, as described in your
application received on January 5, 2005. After reviewing your application, we have determined that this project
is covered by Water Quality General Certification Number 3373, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetiands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and
Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243 (5)).
2. No trees shall be removed from the buffer except along the immediate (within 2ft) shoreline.
3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401 /Wetlands Unit.
If you do not accept any of the conditions of this certification, 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 (that
Noe Carolina
,Vatura!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Intemet: h2o.enr.state.nc.us FAX [phone]
An Equal OpportunitylAffirmative Action Employer- 50% Recycledl10% Post Consumer Paper
Page 2
conforms to Chapter 150B of the North Carolina General Statutes) to the Office of Admi
Mail Service Center, Raleigh, N.C.. 27699-6714. This certification and its conditions are
you ask for a hearing.
ve H0a,??'ng 4
Abinxng un
This letter completes the review of the Division of Water Quality under Section 401 of the Clea peer Act.
If you have any questions, please telephone Alan Johnson in the Mooresville Regional Office at 704-60V 699 or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
For Alan W. Klimek, P. E.
AK/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
Central Files
\N A7- AQ
CID
r
Mr. G. J. Mennen
18200 Town Harbour Rd.
Cornelius, NC 28031
Subject Property: 18200 Town Harbour Rd.
Michael F. F::.dcN. Governor /?
William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek. P.E. Director
Division of Water Quality
January 5, 2005
DWQ# 04-1902
Mecklenburg County
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Mennen:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.01 acre of waters and 0.01 acre of riparian buffer for the purpose of
placing riprap along approximately 231 linear feet of shoreline on Lake Norman, as described in your
application received on November 24, 2004. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3373, which can be viewed on our web site
at http://h2o.enr.state.nc.us/ncwetiands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and
Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream
buffers so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243
(5))•
2. No trees shall be removed from the buffer except along the immediate shoreline.
3. The boardwalk proposed to run adjacent to the shoreline will not be allowed (as discussed via telephone on
January 4th ).
4. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit.
NotthCarolina
. 141WA(ra!!rf
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/100/. Post Consumer Paper
Page 2
If you do not accept any of the conditions of this certification, 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 (that
conforms to Chapter 1506 of the North Carolina General Statutes) to the Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding
unless you ask for a hearing.
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 Alan Johnson in the Mooresville Regional Office at 704-663-1699
or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,

Alan W. Klimek, P.E.
AK/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Cyndi Karoly, Wetlands Unit
Lancaster Custom Dock
r
Central Files r
WFi)`?R
Holly Glen - 04-1712
Subject: Holly Glen - 04-1712
From: Eric Kulz <[e-mail]>
, ? ?-? ? 6
Date: Thu, 06 Jan 2005 08:23:03 -0500
To: Cyndi Karoly <[e-mail]>, Bob Zarzecki
<bob.zarzecki @ ncmail.net>
Cyndi/Bob:
I met with Scott Mitchell of Spaulding and Norris yesterday
regarding this project. He said that they were looking at revising
the site plan to eliminate one stream crossing (they had two
crossings over the same stream), but that they had to check with the
Town of Holly Springs to make sure that was acceptable. Once this
is settled, Scott is going to send another letter over with the
revised plan and a statement indicating that the culverts will be
buried 20% in the stream/wetland bed.
I looked at various maps and discussed the stream with him, and I
agree that it appears to be intermittent. It is at the head of the
drainageway, it does not have a continuous bed.and bank, and grades
to and from wetland to stream across the site.
Hopefully we will see something soon.
Eric
1 of 1 1/10/2005 1:34 PM
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
January 3, 2005
DWQ Project # 04-2025
McDowell County
Scott A. Davis
1247 Burkemont Avenue
Morganton, NC 28665
Sue Harmon
Permits, Etc.
Post Office Box 234
Boiling Springs, NC 28107
Subject Property: Shoreline Stabilization
Additional Information Request
Project #: 04-2025
McDowell County
Dear Mr. David:
The Asheville Regional Office of the North Carolina Division of Water Quality is in receipt of your
request to stabilize 50 linear feet of shoreline on Lake James. Upon preliminary review, this office
needs clarification as to "need" in regards to this project.
• The supplied photograph does not support hardening along the shoreline on the subject
property. Additionally, below the full pool elevation, there is no supporting documentation of
slope, instability, or other evidence of the need for stabilization. You must provide a thoughtful
discussion as to need in regards to this project in order for the Division to consider such a
request. Should you be able to scale back you request for a smaller amount of stabilization
that should be reflected in you response to this request.
In order for this office to process the submitted application, the above listed issue must be addressed
and submitted in writing to my attention at the Asheville Regional Office within 10 calendar of receipt
of this request. Failure to supply the requested information in a timely manner will result in the return
of this application as incomplete.
No
One
r hCaro ina
)atura1111
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Should you have any question regarding this matter, please do not hesitate to contact me at either
Kevin. Barnett(a)-ncmail.net or at 828-296-4657.
Sincerely,
Kevin H. Barnett
Environmental Chemist
cc: US Army Corps of Engineers, Asheville Regulatory Field Office
Cyndi Karoly, 401 Permitting Unit
McDowell County Building Inspectors Office
O?CF W ATFROG
o ?
Mr. Christopher Kemp
706 Northeast Dr., Suite 5
Davidson, NC 28036
Subject Property: Lot 108, Mapleview
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
January 4, 2005
DWQ# 04-1972
Iredell County
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 26.0243) with Additional Conditions
Dear Mr. Kemp:
You have our approval, in'accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.005 acre of waters and 0.005 acre of riparian buffer for the purpose of
constructing a seawall along approximately 100 linear feet of shoreline on Lake Norman, as described in your
application received on December 10, 2004. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3373, which can be viewed on our web site
at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and
Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243 (5)).
2. No trees shall be removed from the buffer.
3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit.
If you do not accept any of the conditions of this certification, 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 (that
N Carolina
o
Ntrrru!!if
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet h2o.enr.state.ne.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Page 2
conforms to Chapter 1506 of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-671.4. 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 Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,

Alan W. Klimek, P.E.
AK/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
Central Files
19 <?1010S
1-10LD
WAIF
QG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 13, 2004
Ms. Celeste Carter Hasell
203 Langston Mill Court
Cary, NC 27511
Subject Property: 203 Langston Mill Court
Cary, NC
REQUEST FOR MORE INFORMATION
Dear Ms. Hasell:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1864
Wake County
D, C 224
2004
sA ST?,Q4144
8111* 8
On November 22, 2004, the Division of Water Quality (DWQ) received your Variance Request Form For
Minor Variances, dated November 14, 2004, to construct a deck extension onto the rear of your residence,
adjacent to the existing screen porch. This addition, proposed in Zone 2 of the Neuse River Riparian
Buffer, is considered prohibited under 15A NCAC 2B .0233. According to the rules, persons who wish to
undertake uses designated as prohibited may pursue a variance. According to plans submitted with your
variance request, the impacts to Zone 2 of the Neuse River Riparian Buffer total 240 square feet.
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 variance
request. Please provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Complete All Applicable Sections of the Variance Request Form
You have submitted an incomplete Variance Request Form. In Part 2 of the form, please complete
Sections 2 and 4. Please review 15A NCAC 2B .0233(9) for guidance on completing these portions
of the Variance Request Form.
2. Provide Documentation/Specifications Regarding Appropriate Stormwater Controls
15A NCAC 2B .0223 (5) describes the requirements for diffuse flow within the riparian buffer.
Please include documentation/specifications on provisions to ensure diffuse flow of stormwater
runoff from the new impacts and any modifications to existing stormflow (gutter downspouts)
through the buffer zone.
Please respond within three weeks of the date of this letter by sending this information to me in writing
and to Ms. Cyndi Karoly of the Wetlands/401 Certification Unit (2321 Crabtree Blvd., Raleigh NC,
27604-2260). 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.
Raleigh Regional Office
1628 Mail Service Center, Raleigh, North Carolina 27699-1628
3800 Barrett Drive, Raleigh, North Carolina 27609
Phone: [phone] / FAX [phone]
N o l Caro ' a
tura?
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Celeste Carter Hasell
Page 2 of 2
December 13, 2004
This letter only addresses the review of Variance Request Form related to proposed impacts within Zone
2 of the Neuse River Riparian Buffer. The impacts requested within your Variance Request Form are not
authorized (at this time) by the DWQ. Please call me or Eric Kulz at 919-571-4700, or 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)Ken SWater Quality Regional Supervisor
cc: Wetland/401 Certification Office
File Copy
Central Files
?10V.10.2004 1:12PM 'NCDENR WIRO
.. .. .. • NO.988 ' P . 2 - . .
QF VWAT?,Q Michael F, Easley, Governor
William G. Boss Jr., Secretary
?p F North Carolina Department of Environment and Natural Resources
Alan W. Klimek P.E.,Dlrector
-? Division of Water Quality
"r Coleen M. Sullins, De Catty Director
Division of Water Quality
September 23, 2004
Robert T. Newcomb, III
P.O. Box 20242
Raleigh, NC 27619-0242
S>GTI ACT: Approval of 401 Water Quahty Certification
and Additional Conditions
Dredge Basin, Replace Bulkhead
and Add Boat Slips
125 Harbor Road
DWQ Project # 041539
Carteret County
Dear Mr. Newcomb:
You have our approval, in accordance with the attached conditions (WQC # 3351) to conduct the
following activity adjacent to your property at 125 Harbor Road in Mushallberg, Carteret County. This
approval allows you to;
1. Excavate 2500 cubic feet (see drawing dated 815!04, sheet 3 Of 5) of shallow water bottom
habitat (by hydraulic excavator) with the spoil placed on highground;
2. Replace 100 feet of bulkhead;
3. Remove existing docking system and replace it with a 4-slip docking configuration (see sheet 4
of 5).
This approval is only valid for the purpose and design that you described in your completed CAMA
application received by the Division of Water Quality (DWQ) on September 16, 2004, After reviewing
your application, we have determined that General Water Quality Certification Number 3351 covers this
activity. This Certification can also be found on line at; bit p:IA2-o enr state nc.us/ncwetlan&certs.html,
This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management
issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable
to your project, such as (but not limited to) Sediment and Erosion Control, Non-Discharge and Water
Supply Watershed regulations and Coastal Stormwater. In addition, this approval will expire when the
accompanying CAMA Permit expires unless otherwise specked in the General Certification.
This approval is only valid for the purpose and design that you described in your completed CAMA
Major Permit application received by the Division of Coastal Management on August 9, 2004. If you
change or modify your project, you must notify the Division (DWQ) in writing and you may be required to
send us a new application for a new certification. If the property is sold, the new owner must be given a
copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If
total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you most follow the
conditions listed in the attached certification and the additional conditions listed on the foAowing
page:
N. C. Division of Water Quality 127 Cardinal Drive Extenelon (910) 39&3900 customer Service
wilmington Regional Office Wilmington, NC 28405 [phone] Fax 1 a00 823-774
01.1rct'Q?111
An Equal OpportunitylAtfirmative Action Employer- 50% Recyde&10% post Consumer Paper vaturWiff
NOV-10-2004 WED 11:59 TEL:[phone] NAME:DWO-WETLANDS P. 2
NOV.10.2004 1:13PM NCDENR WIRO NO.988 P.3
b
Page Two
Robert T. Newcomb, III
DWQ Project # 041539
September 23, 2004
1. 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 this office and a copy to the 401 Oversight/Express Review Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650;
2. No excavation and 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 LAMA Major Application. 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.
Please notify this Office at the number listed below if any problem arises during the construction of
the project that may affect water quality.
If you do not accept any of the conditions of this certification, 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 conforming to Chapter I SOB of the North Carolina General Statutes to the Office of
Admipistrative Bearings, 6714 Mail Service Center, 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 DWQ permit #041539 under Section 401 of the Clean Water
Act. If you have any questions, please telephone Joanne Steenhuis or Rick'Shiver at 910-395-3900,
Sincerely,

Alan W, Klimek, P,E,, Di'reotor
`- Division of Water Quality
Attachments: GC # 3351
Certificate of Completion
cc; Corps of Engineers Wilmington Field Office - Henry Wicker
401 Oversite/Express Permitting Unit - Cyndi Karoly
CAMA Morehead - Mark Hardeman
CAMA Morehead - Doug Huggett
WiRO
NOV-10-2004 WED 11:59 TEL:[phone] NAME:DWO-WETLANDS P. 3
OV.10.2004 1:13PM NCDENR WIRO
WQC ##3351
NO. 988 P.4
This General Certification and written concurrence is issued In conformity with
requirement of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to
the North Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section ,0500 and 15
NCAC 26.0200 for the discharge of fill material as described in General Permit 198000291 and
for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification
replaces Water Quality Certification Number 3301 issued on December 1, 2000, This Water
Quality Certification (WQC) is rescinded when the Corps of Engineers re-authorizes Regional
General Permit 0291 or when deemed appropriate by the Director of the Division of Water Quality
(DWQ).
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 conditions hereinafter set forth.
Conditions of Certification.,
1. Activities ccivered 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, the CAMA Permit and General Permit 198000291. If any
condition In this Certification cannot be met, then the applicant is required to
submit an application and receive written concurrence from DWQ prior to beginning
work;
2, The following activities do not require written concurrence and do not require
payment of the 401 Water Quality Certification fee -
Boat Ramps and associated acoess (i,e., roads and parking lots) that involve the
excavation or filling of less than 500 square feet total of wetland and open water
area, with the exception that the excavation or filling of coastal wetlands may not
exceed 100 square feet and except when associated with new marinas,
subdivisions and commercial development);
Shoreline protection measures that tie into existing bulkheads, land or other
shoreline protection measures or do not extend waterward of the water line more
than 10 feet, provided that the activity will not involve the excavation or filling of
any SAV or shellfish resources and impacts less than 500 square feet of
vegetated wetlands or less than 100 square feet of coastal wetlands;
• Piers and docks designed to accommodate fewer than 10 vessels and the water
depth is greater than three feet;
Maintenance dredging of less than 0,5 acres of water or non-vegetated wetlands
provided that the applicant can provide written documentation showing the
historic dimensions of the dredged channel, and no Submerged Aquatic
Vegetation or shellfish beds are excavated or filled;
• Projects that only involve shading of waters or wetlands;
• Utility lines, except wastewater lines and potable water discharge lines which are
subject to an NPDES Permit, as long as wetland or water impacts are_temporary;
• Upland development which involves no more than 1110 of an acre of excavation
or filling of non-coastal wetlands, with the exception that no more than 2,000
NOV-10-2004 WED 11:59 TEL:[phone] NAME:DWO-WETLANDS
CAMA PERMIT 401 WATER QUALITY CERTIFICATION AND WRITTEN DIVISION OF WATER
QUALITY CONCURRENCE FOR SPECIFIED BOAT RAMPS, BULKHEADS, SHADING,
PIERS, MAINTENANCE DREDGING, UTILITY LINES AND UPLAND DEVELOPMENT
NOV.10.2004 1:13PM NCDENR WIRO NO.988 P.5
WQC #3351
square feet of the non-coastal excavation or filling maytake place within an Area
of Environmental Concern. For the purposes of this area calculation, the
excavation orfilling impacts of boat ramps, bulkheads or other shoreline
stabilization measures must be considered, The applicant must comply with all
applicable coastal stormwater rules;
Single family home construction that results in fill of 404 wetlands as long as
written concurrence is not required from DWQ for the applicable Corps of
Engineers Nationwide Permit.
3. Activities authorized by Coastal Area Management Act (CAMA) General permits do
not require written concurrence from the Division of Water Quality as long as they
comply with all other conditions of this General Certification;
4, In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence for a 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. The fee shall be
collected and distributed between the two agencies by the Division of Coastal
Management;
5. This cartification does not eliminate the need to obtain any additional permits,
approvals or authorizations that may be required. Specifically, the permitee shall
contact the North Carolina Division of Water Quality to determine consistency with
the Neuse or Tar,Pamllco Buffer Rules (15A NCAC 28.0233 and .0259) (or any
other river basins with Buffer Rules in effect at the time of application). 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 and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 28 .0233 and ,0259. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to
protect water quality to the maximum extent practicable through the use of best
management practices. Activities listed as "exempt" from these rules do not need to
apply for written concurrence under this Certification;
6. Appropriate sediment and erosion control practices that equal or exceed those
outlined in the most recent edition of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining Manual"
(available from the Division of Fend Resources in the DBNR Regional or Central
offices) shall be utilized to prevent exceedances of the appropriate turbidity water
quality standard (50 NTU's in freshwater streams and rivers; 25 NTU's in all saltwater
classes, and all lakes and reservoirs);
7. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources has
released the project;
8. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
9. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
NOV-10-2004 WED 12:00 TEL:[phone] NAME:DWQ-WETLANDS P.
NOV.10.2004 1:13PM NCDENR WIRO N0.988 P.6
WQC #3351
10. This General Certification Is not applicable to a project where the Director of the
Division of Water Quality or the Director of the Division of Coastal Management have
determined, based on an Initial review of the application, that written concurrence is
needed because of concerns related to water quality or aquatic life,
11. Additional site-rpecific conditions may be added to projects which have applied for
CAMA major permits which are proposed under this Certification in order to ensure
compliance with all applicable water quality and effluent standards;
12, if written concurrence is required for this activity, DWQ shall be sent a written
notification within 30 days of completion of the wetland or stream impact or upon
expiration of the 404 permit or 401 Certification. Such notification shall be sent to the
Central Office of the Division of Water Quality on the form provided with the
Certification, shall be accompanied by a map depicting the work completed, and shall
be signed by the land owner or other responsible party;
13. When written concurrence is required, the applicant Is required to use the most
recent version of the Certificatlon of Completion form to notify DWQ when all work
included in the 401 Certification has been completed.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
shall result in revocation of this Certification for the project and may 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 that requires
written concurrence under this certification, If it is determined that the project is likely to have a
significant adverse effect upon water quality 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: 18 March 2002
DIVISION OF WATER QUALITY
By
Gregory J, Thorpe, Ph.D.
Acting Director
WQC # 3351
NOV-10-2004 WED 12:00 TEL:[phone] NAME:DWQ-WETLANDS P. 6
A
y
ctua,
t-a
Mr. Billy Millsap
31 Calloway Dr.
Taylorsville, NC 28681
?D
DEC 2 1 2004
DENR-WATER
A?VD STQ%Q- ER @ ANCH
Subject Fairway Oaks Subdivision, Phase II
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Millsap:
Alan W. Klimek. F.E. Director
Division of Watcr Quality
November 19, 2004
DWQ# 04-1641
Alexander County
You have our approval, in accordance with the attached conditions and those listed below, to impact 50
linear feet (If) of unnamed stream in order to construct the Fairway Oaks Subdivision, Phase II in Alexander
County, as described in your application received by the Division of Water Quality (DWQ) on October 8, 2004.
After reviewing your application, we have determined that this project is covered by Water Quality General
Certification Number 3404, which can be viewed on our web site at http://h2o.enr.state. nc. us/ncwetlands. The
General Certification allows you to use Nationwide Permit Number 14 once it is issued to you by the U.S. Army
Corps of Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control,
Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter, and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and
waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in
place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample
deed notification format can be downloaded from the 401M/etlands Unit web site at
htto://h2o.enr.state.nc.us/ncwetlands.
2. The culvert required for this project shall be installed in such a manner that the original stream pattern,
profile, and dimension is not altered above or below the culvert. The culvert shall be designed and installed
to allow for aquatic life movement as well as to prevent head cutting of the streams. If the pipe becomes
perched, the appropriate stream grade shall be re-established or, if the pipe is installed in a perched manner,
it will be removed and re-installed correctly.
The applicant must submit a plan and receive written approval from this office to address any head cutting
that will occur as a result of this project (e.g., use of cross vanes downstream of the culvert).
Use of native vegetation and other soft streambank stabilization techniques must be used where practicable
instead of riprap or other bank hardening methods. The use of riprap in the streambed shall be minimized.
NorthCarolina
Naturally
Michael 1. 1 asle%. Governor
William G. Ross it., Secretary
North Carolina Department of Environment and Natural Resources
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/100,6 Post Consumer Paper
3. Stormwater discharge points shall be constructed in a manner such that the potential receiving streams (of
the discharge) at the site will not be impacted due to sediment accumulations, scouring or erosion of the
stream banks.
4. 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 Preconstruction Notification application. All construction activities
shall be performed so that no violations of state water quality standards, statutes, or rules occur.
5. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full
compliance with all specifications governing the proper design, installation, and operation and maintenance of
such BMP in order to protect surface water standards.
6. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401NVetlands Unit of the NC Division of Water Quality. Please send photographs
upstream and downstream of each culvert site to document correct installation along with the Certificate of
Completion form.
7. Continuing Compliance. The applicant (Mr. Billy Millsap) shall conduct its activities in a manner consistent
with state water quality standards (including any requirements for compliance with section 303(d) of the
Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines that
such standards or laws are not being met (including the 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,
DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the
certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided
to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this certification, 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 that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
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 Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AJlaj
Attachments
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Land Quality, MRO
Central Files
WAT ?
ryQ
co
r
p '<
Mr. Don Price
City of Mount Holly
P.O. Box 406
Mount Holly, NC 28120
Subject: Taylors Creek Sanitary Sewer
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Price:
December 20, 2004
DWQ# 04-1911
Fston County
DEC 2 8 2004
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
You have our approval, in accordance with the attached conditions and those listed below, to impact
0.10 acre of wetland and 280 linear feet of Taylors Creek and unnamed tributary in order to construct the
sanitary sewer line to East Gaston High School in Gaston County, as described in your application received by
the Division of Water Quality (DWQ) on March 24, 2004. After reviewing your application, we have determined
that this project is covered by Water Quality General Certification Number 3374, which can be viewed on our
web site at http://h2o.enr.state.nc.us/ncwetiands. The General Certification allows you to use Nationwide
Permit Number 12 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should
get any other federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.
In addition to the requirements of the subject certification, you must also comply with the following
conditions:
1. 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 Preconstruction Notification application. All construction activities
shall be performed so that no violations of state water quality standards, statutes, or rules occur.
2. The use of riprap in the stream will be limited to the normal high water mark.
3. The permanent stream crossing of the maintenance corridor will be reduced to 12 linear feet (If) of stream for
each crossing (84 If total) .
4. The Mooresville Regional office shall be notified in writing once construction of the project has begun.
5. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full
compliance with all specifications governing the proper design, installation, and operation and maintenance of
such BMP in order to protect surface water standards.
I Carolina
PArAdly
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
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: h2o.enr.state.nc us FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/1 0% Post Consumer Paper
6. 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 two months of the date the Division of Land
Resources has released the project.
7. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401 /Wetlands Unit of the NC Division of Water Quality.
8. Continuing Compliance. The Town of Mount Holly shall conduct its activities in a manner consistent with
state water quality standards (including any requirements for compliance with section 303(d) of the Clean
Water Act) and any other appropriate requirements of state and federal law. If DWQ determines that such
standards or laws are not being met (including the 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, DWQ
may reevaluate and modify this certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification,
DWQ shall notify the Town of Mount Holly and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to the Town of Mount Holly in writing, shall
be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to
Section 404. of the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this certification, 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 that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
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 Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AK/aj
Attachments
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Bonnie Fisher - US Infrastructure
Central Files
IZD
2004
QUALITY
WATER BRANCH
® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: John R. Dorney, Division of Water Quality
Dept. of Environment and Natural Resources
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program Q`
DATE: December 22, 2004
SUBJECT: Review of an application by City of Mount Holly, Taylors Creek Sanitary Sewer to East
Gaston high School, DWQ No. 041911, Gaston County
The City of mount Holly is requesting 401 Water Quality Certification from the North Carolina
Division of Water Quality. The NCWRC has reviewed information provided by the applicant, and field
biologists on our staff are familiar with habitat values of the project area. These comments are provided
in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The application indicates that proposed public sewer will be installed in order to facilitate
abandonment of an existing wastewater treatment plant. It appears that a small wetland (0.10 acre) and
seven (7) tributaries are indicated to be used for vehicular crossings. These crossings are proposed to be
sloped on each side and filled with riprap to provide jurisdictional vehicle crossings. The crossings
indicated are mostly perennial stream crossings.
Based on our review of the submitted document, we are concerned about the vehicular crossings.
It appears that these crossing are fords. Such crossings are known to modify stream dimensions and
disrupt aquatic life passage during low flow conditions. Accordingly, we recommend the installation of
culverts instead of the proposed fords. Generally culverts must be sized to pass storm events and to
provide aquatic life passage. We recommend that culverts 48 inches diameter or larger be buried afoot
into the streambed. Culverts less than 48 inches diameter should be buried to a depth equal to or greater
than 20% their size to allow for aquatic life passage. These measurements must be based on natural
thalweg depths. The combination of access roads and sewer lines should be. further evaluated to further
reduce impacts to natural stream buffers and wildlife habitat.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 336/769-9453.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

O?O? W AT ?RPG
4 I I(' r
>_ I I.JW-N. ^_: -I
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Mr. David Fisher
Sunset Point
P.O. Box 26578
Charlotte, NC 28221
Michael F. Easley, Governor
William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
of P.E. Director
Alan W. Klimek,
Division of Water Quality
D
g 2pQG December 22, 2004
SEC DWQ# 04-1773
aliplov
J)EtAp, Slop"
welcWD
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Fisher:
Rowan County
You have our approval, in accordance with the attached conditions and those listed below, to excavate
approximately 5,500 cubic yards of material from High Rock Lake to provide boating access to a proposed
marina at Sunset Point in Rowan County, as described in your application received by the Division of Water
Quality (DWQ) on November 2, 2004. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3376, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide Permit Number
19 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by (but not limited
to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permits expire unless otherwise
specified in the General Certification. This approval is only valid for the purpose and design that you described
in your application. If you change your project, you must notify us in writing, and you may be required to send
us a new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter; and is thereby responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
1. 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 Preconstruction Notification application. All construction activities
shall be performed so that no violations of state water quality standards, statutes, or rules occur.
2. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full
compliance with all specifications governing the proper design, installation, and operation and maintenance of
such BMP in order to protect surface water standards:
3. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality.
4. Continuing Compliance. Sunset Point at High Rock Lake, LLC (Sunset Point) shall conduct its activities in a
manner consistent with state water quality standards (including any requirements for compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ
determines that such standards or laws are not being met (including the 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, DWQ may reevaluate and modify this certification to include conditions appropriate to
No Carolina
Wanally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d).
Before codifying the certification, DWQ shall notify Sunset Point and the US Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in
accordance with 15A NCAC 21-1.0504. Any new or revised conditions shall be provided to Sunset Point in
writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
project.
If you do not accept any of the conditions of this certification, 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 that
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
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 Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
(J?, '?-j,,,? nl. (?? V-- --
Alan W. Klimek, P.E.
AK/aj
Attachments
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Carcy Ayres, Rowboat Company
Central Files
W AT ?9QG
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Mr. Jarrod Karl
City of Charlotte, Stormwater Services
600 East Fourth St.
Charlotte, NC 28202
Subject: Stoney Ridge Maintenance Project, Charlotte
Michael F. Easley, Governor
William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources r_:' %
ANDS Alan W. Klimek, P.E. Director
I @g%
04
pE? 2 S 20
'Quguv
4J?NA? RB NCH
ANsTR
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Division of Water Quality
December 20, 2004
DWQ# 04-1768
Mecklenburg County
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Karl:
You have our approval, in accordance with the attached conditions and those listed below to impact 16
linear feet and stabilize 829 linear feet stream bank of an unnamed perennial tributary to Long Creek in order
to proceed with the stormwater project in Mecklenburg County, as described in your application received by the
Division of Water Quality (DWQ) on November 16, 2004. After reviewing your application, we have determined
that this project is covered by Water Quality General Certifications Number 3399, which can be viewed on our
web site at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide
Permits Numbers 3 and 27 when they are issued to you by the U.S. Army Corps of Engineers (USACOE).
Please note that you should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water
Supply Watershed regulations.
The above noted Certifications will expire when the associated USACOE's 404 permits expire unless
otherwise specified in the General Certifications. This approval is only valid for the purpose and design that
you described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions.
In addition to the requirements of the certification, you must also comply with the following conditions:
1. 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 Preconstruction Notification application. All construction activities
shall be performed so that no violations of state water quality standards, statutes, or rules occur:
2. Erosion and sediment control practices must utilize Best Management Practices (BMP) and be in full
compliance with all specifications governing the proper design, installation, and operation and maintenance
of such BMP in order to protect surface water standards:
3. 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 two months of the date the Division of Land
Resources has released the project.
-one. Carolina
tura!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Intemet: h2o.enr.state.nc.us FAX [phone]
An Equal OpportunitylAffirrnalive Action Employer - 50% Recycledl10% Post Consumer Paper
4. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401Metlands Unit of the NC Division of Water Quality.
5. Continuing Compliance. The City of Charlotte shall conduct its activities in a manner consistent with state
water quality standards (including any requirements for compliance with section 303(d) of the Clean Water
Act) and any other appropriate requirements of state and federal law. If DWQ determines that such
standards or laws are not being met (including the 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, DWQ
may reevaluate and modify this certification to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the
certification, DWQ shall notify the City of Charlotte and the US Army Corps of Engineers, provide public
notice in accordance with 15A NCAC 21-1.0503, and provide opportunity for public hearing in accordance
with 15A NCAC 21-1.0504. Any new or revised conditions shall be provided to the City of Charlotte in
writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the
project.
If you do not accept any of the conditions of this certification, 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 that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
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 Alan Johnson in the Mooresville Regional Office at 704-663-1699
or Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AK/aj
Attachment
cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Greg Antemann
Central Files
0,O? W AT pG
r
o` 11;?
Mr. Jeff Cernuto
Ridgewood on Lake Norman
P.O. Box 3604
Mooresville, NC 28117
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
DEC 2 1 2004
Alan W. Klimek, P.E. Director
Division of Water Quality
December 16, 2004
DWQ# 04-1885
Iredell County
WATER WETLNDSAN SRSTORMWEfi BRANCH
Subject Property: Lot 17, Ridgewood Development
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Cernuto:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.003 acre of waters and 0.003 acre of riparian buffer for the purpose of
installing riprap along approximately 100 linear feet of shoreline on Lake Norman, as described in your
application received on November 23, 2004. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3373, which can be viewed on our web site
at http://h2o enr state.nc.uslncwetlands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and
Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 2B .0243 (5)).
2. No trees shall be removed from the buffer, except along the immediate shoreline.
3. Upon' completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit.
If you do not accept any of the conditions of this certification, 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 pe on (that
oinhtura!!y
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Intemet h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Page 2
conforms to Chapter 150B of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
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 Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
the Central Office in Raleigh at 919-733-9721.
Cyndi Karolm y ' 733-9721.
Sincerely,
.
1 Alan W. Klimek, P.E.

O?O? W AT QG
r
d Mr. Brian Haas

8423 Strathburn Ct., Apt C
Huntersville, NC 28078
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
DEC D
, 1 2004
DENR - WATER QUALITY
?1LAN6S AND STORMWATER BRANCH
Alan W. Klimek, P.E. Director
Division of Water Quality
December 16, 2004
DWQ# 04-1884
Iredell County
Subject Property: Lot 23, Templeton Bay
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Haas:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.003 acre of waters and 0.003 acre of riparian buffer for the purpose of
constructing a seawall along approximately 65 linear feet of shoreline on Lake Norman, as described in your
application received on November 23, 2004. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3373, which can be viewed on our web site
at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 21B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and
Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
g
1. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 213 .0243 (5)).
2. No trees shall be removed from the buffer.
3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401 /Wetlands Unit.
If you do not accept any of the conditions of this certification, 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 (that
WO-11 Carolina
tura!!?
North Carolina Division of Water Quality 610 Fast Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50°/6 Recycled/10% Post Consumer Paper

Page 2
conforms to Chapter 1508 of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
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 Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AJ/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit-.Cyndi Karoly
CBC Custom Docks
Central Files

C?CF WArFT
r
O ?
Mr. Douglas Miller
18321 Centre Court Dr.
Davidson, NC 28036
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
?G6?L?dLg p
DEC 2 1 2004
Alan W. Klimek, P.E. Director
Division of Water Quality
December 16, 2004
DWQ# 04-1883
Iredell County
WETLANDS MND STORM ATER BTMRANCH
Subject Property: 111 Thunderhill Rd., Lot 364
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Mr. Miller:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.005 acre of waters and 0.005 acre of riparian buffer for the purpose of
constructing a seawall along approximately 150 linear feet of shoreline on Lake Norman, as described in your
application received on November 23, 2004. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3373, which can be viewed on our web site
at http://h2o enr state.nc.us/ncwetlands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and
Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you maybe
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 213 .0243 (5)).
2. No trees shall be removed from the buffer.
3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401 /Wetlands Unit.
If you do not accept any of the conditions of this certification, 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 (that
N? Carolina
atur'2
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 FAX 7 ) 663-60 0 [phone] Customer Service
Internet h2o.enrstate.nc us
An Equal Opportunity/Af rrr ative Action Employer. 50°/6 RegdedM00/b Post Consumer Paper
Page 2
conforms to Chapter 150B of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
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 Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AJ/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
CBC Custom Docks
Central Files
imap://[e-mail]:143/...
0---T IF
Subject: Re: Project Questions
From: Tom Steffens <[e-mail]>
Date: Fri, 29 Jul 2005 07:20:58 -0400
To: Debbie Edwards <[e-mail]>
02,-1843
(a.boa aa- I
GUC; I told them to send more info indicating the amount of total buffer impacts in a
table, they supplied that info, but the mitigation proposed is probably not going to
be sufficient, though the woody vegetative impacts are negligible. (turf grass
replacement, planting trees is out of the question, given the location) they should
be looking at EEP. And no, they didn't hear me right.
As for Mariner Realty, I have that one straightened out. Have spoke to the lot owner,
realtor, and others and we all came to agreement to leave it alone, the C-gen stands
as is, Lot 71 is exempt, Lot 72 will remain in C-gen status, and everbody is happy
except me. We, I mean DWQ, NEEDS a central database that can record buffer and
subjectivity calls, so after I leave (yayyy!, next week!!!!) y'all can set it
up.This situation arose after I called out the ditch in 03, not knowing or having a
way to know that D. Sawyer wrote a the C-Gen for the then subject drainage in 02.
Live and learn. Have you run into the situation of cross over calls?
Debbie Edwards wrote:
Tom,
We received new information about Greenville Utilities (05-0843) on July 14, 2005.
I know we talked about this project before that date and we agreed that buffer
mitigation would be required on the non-perp impacts to Zone 1, with the exception
of areas that are existing impervious. The response letter, dated July 13, 2005
indicates that you agreed that the boring and jacking of these three crossings
would be suitable mitigation. Please let me know if this is the case or this is
just what they heard.
In addition, we received another letter from Mariner Realty, Inc on July 1, 2005
about two lots (72 & 71) of Buccaneer Bay West S/D. Can you give me any input on
that one, they want a GMV nullified because an adjacent lot was considered a
mosquito ditch????
Thanks,
debbie
?f 1 8/4/2005 11:20 AM
4
L
REALTY,
D ?^
uJUC Osc?/v D
yKDS''? W4 7
avosr???,??ry
July 1, 2005
Mr. Tom Steffens
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
RE: DWQ Project #02-1843
Lot 72, Buccaneer Bay West S/D
Pamlico County
Oriental, NC 28571
Dear Tom,
The Owners of Lot 72, Mr. and Mrs. William R. Davis, are requesting Lot 72 to have an
EXEMPTION status with DWQ.
On November 25, 2002 , DWQ granted a "General " Major Variance for Lot 72. Since that time, it
has been determined the unnamed tributary of Kershaw Creek bordering this property has been
classified as a mosquito ditch per your letter dated September 23, 2003 (Lot 71).
Based upon this information, Mr. And Mrs. Davis are requesting the "General" Major Variance be
nullified and the Exemption status be installed. Please contact me with your comments regarding
this request at 1-800-347-8246 Mariner Realty Office in Oriental, NC. Or, email me:
patelliott ,cconnect.net.
Sin erely,
Patricia M. Elliott
Broker, ABR
V66 indy Karoly, Raleigh Office
Encls: Deed of Ownership
DWQ Exemption Letter dated 9/23/03 for Lot 71
DWQ General Major Variance dated 11/25/02 for Lot 72
Survey of Lot 72
Septic Permit dated 2/3/04 for Lot 72
Post Office Box 750 • Oriental, North Carolina 28571 • [phone]
www:orientalncwaterfront.com
Printed on recycled pager 800-:347-8246
Sales Property (Management • Appraisals • Development
Iaw+ ftp 27 2004 FnM in PA UCO Cettt?t . NC
4310.00 on 8" V goof at 0 ' Ph
orate of PAMLIM by: SLE K WKETFOFD
North Caregina. CwMy FIEMS1 OF 0Ms
Real Estate Excise Tax BOOK 431 PAGE 695
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $ 340.00
Parcel Identifier No.2-I081-1 72 Verified by County on the,_ day of , 20_
MsiUBoa to: John W. King, Jr., Stubbs & Perdue, P.A., 310 Craven Street, New Bern. NC 28560
This instrument was prepared by: Stubbs & Perdue, P.A., 310 Craven Street, New Bern, NC 28560
Brief description for the bides. LT 72, SEC THREE, BUCCANEER BAY WEST RETU ?"r-t. To
THIS DEED made this 24th day of September , 20_4 by and between
GRANTEE
Steven V. Carpenter and wife,
Anne E. Carpenter
5759 Rolling Ridge Road
Indianapolis, IN 46220
William R. Davis and wife,
.Wendy P. Davis
41901 Cynthia Lane
Hollywood, MD 20636
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by context.
R?ITNE,SSETH, that the Grantor, for a vahrable consideration paid by the Grantee, the receipt ofwhich is hereby acknowledged, has
and by these presents does grant, bargain, soli and convey unto the Grantee in fee simple, all that certain lotor parcel ofland situated
in the City of Number Two(2) Towasbip, Pamlico Cotmty,NorthCarolinaand
more particularly described as follows:
Exhibit A attached hereto and made a part hereof
properly hereinabove described was acquired by Grantor by instrument recorded in Book 391 page 407
,A rna0sl; viOng the above described property is recorded in Plat Book A page 32-1.
MC Bar Association Form No. L-3 ®1976, Revised ® 1977, 2002
PrlnWe :F-Agreement with the NC Bar Association -1981 SoftPro Corporation, 333 E. Six Forks Rd., Raleigh, NC 27609
............................................................... ........... .

TO HAVE AND TO HOLD the afateaaid lot orpWA of land and ttllp ivileges and nppmtenanoa thereto belaaftto the Grantee
in foe simple. 431 PAGE 696
And do Grantor covenants with the Graolva, bust t3snatot L seised of9ae paustaises infee Simple, has the right t0 CnnVeythe acme is
fee simple, that tido is marketable sad ft astd chat ofA s c=ft anew, ad 9tat Grantor will warrant and defend the title against
the lawlitl claims of all persons wrbommo Yw admt thmtlre following ssoaptia =. Re*iative covenants recorded in Book 250,
Page 645, and Book 362, Page 221, Pamlico County Registry.
IN WrIWESS WI LEREOF, the Gtaator has duly executed the f of the you above written.
1W z-r-
(F.ntityName) /v?en V. CaTentir (SFAL)
By: f'r1?1( A- (SEAL)
Title: Anne E. Carpenter 11
sy:
Tide:
(SEAL.)
By.
Title:
(SEAL)
State of I WA&A - County of .
L, the undersigned Notary public of the county and state afotesaid, citify that Steven V. Carpenter and wife Anne E.
Carpenter personally appeared before me this day and
ackaow l ? the fexecutioa of the i or for the purposes dterain expressed.. witness ruyr hind sad Notarial
stamp y er 2004
D
My Commisdon Expfrea: (ZS ' ' ar commas
?rai'if K 9iiDljCj lie
State of North Carolina - County of
I, the undersiguedxotaryPublic ofdwCoumyandState aforesaid, certifyd at
penoully came before me this day and acknowledged that he is the of
a North Carolina or
corPo mAlialy gmeralpatnetsihiph 'partnaahip(shslxt v4ghthebgphcable),sad
that by authority dalygiven and as the actofauch eadty. w signed the foregoing instrument is its name oat itt behalf as its act and
deed. Witness my hand and Notarial stamp or seal, this day of . 20
My Camatisslen.Expires:
Notary Public
State ofNorth Carolina - County of
the undersigned Notary Public of the County and State aforesaid, certify that .
Witness my hand and Notarial sharp or seal, this day of : 20
My Commission Expiios•
Notary public
Ilse foregoia>gCerttficate(s) of
is/arecuffi ilobeoasrect. This ioahrmentandthis catificate aredatthedueandtimeandindseBookandPageshmm
on the first pop
By. Register of Deeds for County
Deputy/AeasieMnt - Regiakx of Deeds
NC Bu Asaociarion Form No. I.-3 ®1976, Revived ®1977, 2002
Printed by Agreementwiththe NC Bu Asaociatioa -1981 SoRPro Corpoo<atioq 333 E. Six Forks Rd., Raleigh, NC 27609
f
s

0 0? W q TF?>Q _.. w? .
Michael F. Easley
G Governor
r? r William G. Ross, Jr., Secretary
> y Department of Environment and Natural Resources
r Kerr T. Stevens
Division of Water Quality
September 23, 2003
Mr. Nick Santoro
POB 729
Oriental, NC 28571
Subject: EXEMPTION
4 71 Buccaneer Bay West
Pamlico County
Dear Mr. Santoro,
As per your request, a recent site visit was made by Tom Steffens to the Buccaneers Bay
Subdivision area near Oriental, NC to determine the applicability of compliance with the
Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing
Riparian Areas. 15A NCAC 2B.0233. The site visit has determined that the area
described below is exempt from the above cited rules.
The area described is a unnamed tributary of Kershaw Creek. This feature is considered
a mosquito ditch, a regionally specific type of drainage dug in past years to facilitate
drainage of low or flat lands considered breeding areas for mosquitos. The feature in
question is. approximately 50 yards long, dead straight with residual spoil piles and is
surrounded by coastal marsh.
It is the opinion of this office that the coastal marsh that inhabits this feature is a result of
the coastal vegetation successionally invading following the clearing and subsequent
digging of this feature and therefore is considered EXEMPT from the above riparian
buffer rules.
If you have any questions concerning this transmission or if this office can be of any
further help, please call 252-946-6481.
Thank you
Tom Ste s
Cc: WaRo Files
943 Washington Square Mail Washington. NC 27889 252.946-481 rTwlnnhnnal 9r,2.9ea.021 A, 11:a vi
°i/?A?ER Michael F. Easley
.0
Governor
\0 Qy William G. Ross, Jr., Secretary
>^ Department of Environment and Natural Resources
..t
O .[ Alan Division of Water Quality
or
CO-
November 25, 2002
DWQ Project ##02-1843
Pamlico County
Page 1 of 2
Doris H. Murphrey
91 Vandiford-Thomas Road
Farmviile, NC 27828
Subject Property: Lot 72, Buccaneer Bay West on Connie Cove Road, Oriental, NC 28571
Kershaw Creek [03-04-10; 27429-5; SC HQW (high quality) NSW (nutrient sensitive)]
APPROVAL for the use of the "General" MAJOR VARIANCE; From the Neuse and Tar-Pamllco Riparian Buffer
Rules for the Construction of Residential Structures on Existing Lots within the Coastal Counties as defined by
the Coastal Area Management Act with ADDITIONAL CONDITIONS
Dear Ms. Murphrey:
You have our approval, in accordance with the conditions listed below,. to impact approximately 1,560 square feet of Zone
•2 (only) of the protected riparian buffers for the purpose of constructing a single family home at the subject property as
described within your application dated November 12, 2002. This letter shall act as your approval for the use of the
"General" Major Variance; • from the Neuse and Tar-Pamlico. Riparian Buffer Rules for the Construction of Residential
Structures on.Exfsting Lots within the Coastal Counties as defined by the Coastal Area .Management Actwith•
ADDITIONAL"CONDITIONS as approved by the Water. Quality Committee (WQC) of the Environmental Management
Commission (EMC) on May 10; 2001. Ih addition, you should get any other required federal, state or local permits before
you. proceed with your project including (but, not limited to) Sediment and Erosion Control -and CAMA permits. This.
approval shall expire when the variance expires on April.i 1, 2006 unless It Is renewed before that time by the EMC.
This approval is only valid for the purpose and design that you described In your variance request. If you change your'
project, you must notify us and you may be required to send us a new request for approval. If the property is sold, the
new owner must be-given a copy of this approval and is thereby responsible for complying with all conditions. For this
approval to be valid, you must follow the conditions listed below.
Conditions:
1. No impacts shall occur to-Zone 1 of the protected riparian buffer except for uses classified as "exempt'
within the buffer rule unless otherwise approved in writing by the DWQ. If you determine that clearing
within Zone 1 is required to construct the approved project, then you are required to submit a plan to this
office to receive written authorization from the DWQ prior to the conducting any clearing within Zone 1
and you will be required to restore any impacted areas.
2. All new stormwater drainage shall be directed to vegetated. areas at non-erosive velocities prior to
entering the protected riparian buffers as identified within 15A NCAC 213 .0233(5). No new ditching or
piping of stormwater through the protected buffers is allowed.
3. 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 401Metlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
4. Deed notifications or similar mechanisms shall be placed on all. retained jurisdictional wetlands, waters
and protective buffers in order to assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put-in place prior to impacting any wetlands, waters. and/or buffers approved for .
impact under this Authorization Certificate.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
Page .2 bt 2
if these conditions can not be-met, then this approval will. not be valid. An Individual major or Minor Variance from the
-Neuse Buffer Rules may be sought from the EMC (Environmental Management Commission). tion Rules Neuse
an Buffer
Protec (15A his letter NCAC 26?.completes0233 {9?the}(b}). review_of the Division of WateeQua? 919 73319726 or MslDeborahlSawyer at 252-946-6481 if
T Please call Mr. Bob Zarz
you have any questions or require copies of our. rules or procedural materials.
Attachments: Certificate of Completion
General Variance for Coastal Courivs
..
cc: Allen Propst, Mariner Realty, Inc., P.O..Box75Q, Orlental,.NC 28571
Deborah Sawyer, DWQ Washington Regional Office
Tracey Wheeler, DCM Morehead City District Office, 151-B Hwy 24, Morehead City, NO 28557
File copy
Central Files
bz
DW O021843
November 25, 2002
n
Sincerely,
l
" General" MAJOR VARIANCE
From the.Neuse and Tar-Pamlico Riparian Buffer Protection Rules for residential
structures on existing lots within the coastal counties as defined by the Coastal Area
Management Act that meet the conditions stated below.
This "general" major variance from the Riparian Buffer Protection Rules in the Neuse
(15A NCAC 2B .0233) and Tar-Pamlico (15A NCAC 2B .0259) River Basins is hereby issued by
the NC Environmental Management Commission (EMC) for impacts to the protected buffers as
long as the condition's prescribed below are met.
The applicant must submit to Division of Water Quality (DWQ) three copies of the DWQ
"General" Major Variance Application Form that describes how the following conditions of this
variance will-be met. If these conditions can not be met, an individual Major or Minor Variance
from. the Buffer Rules maybe sought from the PMC. This "Generar' Major Variance shall expire
on April 11, 2006 unless it is renewed before that time by the EMC.
Conditions:
1. The residential lot must be located within one of the coastal counties as defined
by the Coastal Area Management Act (CAMA).
2. Applicants must show that they have met the requirements for a variance as .
specified in the buffer rules in "VARIANCES" [1 SA NCAC 2B .0233 (9)(a)(i)-
(iii) and 15A NCAC 2B .0259(9)(a)(i)-(iii)] for the specific river basin where the
impacts will occur.
3. Applicants must show that.the residential lot has been platted and recorded prior
to August 1, 2000.
4. Construction is for residential buildings and related structures such as garages,
decks, porches, attached commercial buildings, driveways and sheds.
5. Substantial expenditures'and contractual obligations must have occurred in good
faith prior to the August 1, 2000. Substantial expenditures and obligations must
have been made in reasonable reliance upon governmental permits and/or
approvals (such as 401 Water Quality Certifications, CAMA permits, active
connection to an existing sanitary sewer system or local on-site wastewater
system approvals). Supportive written documentation must be submitted to the
DWQ for.review.
6. The lot must be buildable, without wetland impacts except for driveways and/or
utility crossings and any impact to the buffer shall be minimized to the maximum
extent practical. .
7. Where impacts to the buffer will occur, the impact should be minimized to the
greatest extent practicable as determined by DWQ staff.
8. Any on-site wastewater treatment must not be located within 50 feet of a surface
water as specified in "ZONES OF THE RIPARIAN BUFFER' [15A NCAC 2B
.0233(4) and 15A NCAC 2B .0259(4)] of the buffer rules. The only exceptions
include any pretreatment systems meeting the Treatment. Standard 1 as found in
15A NCAC 18A. 1969 Innovative System Approval regulated by the NC
Division of Environmental Health, On-site Wastewater Section.
9. On-site stormwater management controls must be shown on the application and
stormwater runoff must be directed away from the adjacent surface water and/or
coast wetland as determined sufficient by DWQ staff; measures such as rain
gardens, bio-retention areas, vegetative filter strips and planting of trees or shrubs
along bulkheads and/or property lines to maximize pollutant-removal may be
required as determined by DWQ staff. If the applicant is required to obtain a
d
Sedimentation and Erosion Control Permit or a.CAMA Major Permit, then a
Stormwater Permitmmay be required from tfor imOacts he D Q to Zone 1. This mitigation
10. Mitigation will be required at a 1:1 ratio nt into the Riparian Buffer Restoration
can be accomplished by either (1). p yin
Fund (administered by the DWQ Wetlands Restoration Program), (2) planting or .
protection of a riparian area not subject to the buffer rules, or (3) additional
buffered location on-site or in close proximity to the
planting of a partially by the DWQ prior
impacted area. Mitigation plans must be approved in writing
to construction.
11. The applicant must receive written approval from eD W Q?b a ld owledging that
submittal of the General Major Vance Application
these conditions have been met before any impacts occur to the riparian buffer.'
12. The applicant must confa.ct the appropriate District
for any current r q?ements of
Coastal Management or Local Permitting officer
for CAMA Major, Minor or General Permits. In addition, the applicant must file
(if needed) an application with the Local Health Department for an
Permit and .
wastewater system prior to any site construction. The P P other building
the Construction-Authorization is required to be issued prior to any
or construction permit [Ref G.S. 130A-338].
Signed:
Dr. Charles H. Peterson, Chair
Water-QualitY Committee
NC Environmental Management -Commission
a
Effective Date: _..t0
.
v0
1. aM Q
rr' •
SCALE / j Z o
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ti
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y?? o r a0ars
72
f
a
51,950 SQ PT
wive wnt - u,uu SR fT
ZONE TWO ? 1,560 SQ Ff.
w
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?Z I
'A E- S
RATIO OF PiECI5ION WAS
,CMATED AT 1910,000+
I , EiU5TWG?CONNCPIRNE'IE MON.
i SURVEY IS OF . EXISM9 PARCEL
DOES NOT CREATE A NEW STREET
CHANGE AN EXISTING ONE.
KERSHAW CREEK

THIS SURVEY SUBJECT TO ANY FACTS 60, 0' 60, 120,
THAT MAA BBE j W ED BY A FULL AND
DEUTERONOMY .27-17 SCALE= N - 80'
FOR
A ?( ?T PLAN
STEVEN Vi CARPENTER
p.0.E BOX 303
ARAPAHO E
NC 2 28510 &WIFE,ANNE E,'CARPENTER.
UAW ELE, * (2525 249 - ' 0226 LOT 72, =MM MY WEST
OCTO[ R 1,2002 MRL SECTION 'M .
021001 TOWNSHIP AZ PAMLICO 0, NORTH CAROLINA
I

MARSH
{
till
s a
PAMLICO COUNTY HEALTH
P .O. BOX
BAYBORO, N.C. 28515
IMPROVEMENT PERMIT
owner:STEVE R ANN CARPENTER.,, o?N VO- ?
owner Address:5753 ROLLING RIDGE ROAD
Owner Address(2)-INDIANAPOL IN 45220
owner Rhone 9:317-257-5872 ov? . I
Property Address.,13UCCANEER BAY WEST LOT 72
Property Address(2):ORIENTALL NO 28571
PIN-1081-1-72
Record #N/A
Establishment Type.Home
Type of Well:P'ublic Weil
Design Flaw (CPD):380 I
initial Site '
Wastewater System: Conventional Pipe
Lang Term Acceptance Rate(GP DISQFT):0.5
Trench Width:3 FT
Trench Spacing (C)C):9 FT
Trench Bottom From NGL:-18 INJ
Septic Tank Volume: 1000 GAL
:Repair Site.
Wastewater System: Conventional
Long Term Acceptance Rate(GPC
Trench WIdth:3 FIr
Trench Spacing (0C):9 FT
Trench Bottom From NCL:-18 IN
Septic Tank Volume; 1000 GAL

iper
:0.5
z L..
, t
01
DEPARTMENT
(VAUL) $ YEARS)

()On « ?-
80.00 feet
9:720
AI THORIZTION TO CONSTRUCT MUST BE OBTAINED AND
ALL FEES PAID PRIOR TO WASTEWATER SYSTEM INSTALLATION.
(THt - AMLICO CO. HEALTH DEPARTMENT RESERVES THE RIGHT
CTS? REVOKE THIS PERMIT IF THE SITE IS ALTERED, INTENDED
+IIUSE OHANGED, OR ANY INFORMATION IS FALSIFIED.
`O?©F vv H t ?C?QG
? r
- Os4o
4A 03 -0M (,
d+r7 v d? OX I y C- 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
May 11, 2005
Ms. Linda Hendrick
3237 Seven Eagles Dr.
Charlotte, NC 28210
Subject: Buffer Impact, LeGrand Dr.
Catawba County
Dear Ms. Hendrick:
On April 8, 2002 the Division of Water Quality received your application for a 401 Water
Quality Certification for a shoreline stabilization project at the subject site. Following an
inspection of the site, a Notice of Violation (NOV) was issued on April 25, 2002 for impacts to
Zone 1 of the Catawba Riparian Buffer. On July 2, 2002 a 401 Water Quality Certification was
issued for a shoreline stabilization project following a review of the proposed restoration plan for
the observed impacts.
We have received photos of the completed restoration/landscape plan from Mr. Jim Night
and consider the matter closed. If you have any questions, please telephone Mr. Alan Johnson
in the Mooresville Regional Office at 704-663-1699.
Sincerely,

D. Rex Gleason, P.E.
Surface Water Protection
Regional Supervisor
cc: Wetlands Unit- Cyndi Karoly
Central Files
Q11 @ 19 MR,p
MAY 1 8 2005
DENR WATER QUALITY
WETLANDS AND STOW i?ATEA VMCH
No hCaro ina
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: h2o.ennstate.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Project Name DWQ #
ill,al ii: Jill Z1,111 1! 1:1 :::1 flp![I?" e Sit _. -9- A ?-?eJ --Oil,
a oa ?? - ?. i - o63-638
City of Charlotte for Cindy Lane Extension -Lc-LAA-A.- n? nay" ''-
Crosland Inc for White Property u?w? r1_ 05-0376
F-Fienelship, Lt?"crz-??r1?-^r-.aoG.b i3rrk R1y
_. l QJ -L
6'
Hartwell Ad. 4 - ?S - 04 04-0303
-11- I_I:-L- O-L 1 P n - 7 per' ? - AA d COA r. _
dees
dvp entered coordinates on 7/22/05 from DNIS on ADC Charlotte map
Westinghouse Impacts

p?pF W A rFj9QG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
p Alan W. Klimek, P.E. Director
Division of Water Quality
March 16, 2006
QrT' F
Mr. Kenny McDowell, PE C)
City of Greensboro, Stormwater Management Division
P.O. Box 3136
Greensboro, NC 27402-3136
RE: South Buffalo Creek Stormwater Wetland Project, Guilford County, NC (DWQ #01-0263)
Dear Mr. McDowell,
DWQ has received and reviewed the, "Wetland and Floodplain Monitoring Report: 2005, South Buffalo Creek Stormwater
Wetland Project, City of Greensboro, February 2006." A few comments arose upon review of the document:
1. DWQ agrees that no action should be taken on the site until the control structure is functioning. A change in
water elevation with the functioning control structure may remedy some concerns or cause further impacts on
the site. We will review future reports to determine what actions, if any, are necessary on the site.
2. There are a couple of potential concerns with the results of the vegetation survey in the Disturbed areas. As
mentioned above, DWQ does not recommend taking any action at this time, until it is determined what effect
the control structure will have on the site. These concerns include:
a. There is a lack of vegetation diversity in D 1 and D2. The presence of primarily one hardwood species
on these sites increases the likelihood of an event, such as flooding, affecting all of the trees present in
that area of the wetland.
b. The total tree per acre count does exceed the 320 tree per acre (TPA) requirement. D8 is below that
requirement, as you mentioned, and D2 and D5 are currently at exactly 320 TPA. Our office will
continue to monitor future reports to ensure that these areas remain successful and healthy.
c. Microstegium vimineum is dominant in D3 and D6 and should be removed since it is an invasive
species. Flooding of an area may control for this species depending on the time and duration of
flooding. Again, we recommend that corrective actions be assessed after the control structure is fully
functional.
DWQ appreciates receipt of the report and we look forward to receiving the reports over the next three years. We are
interested to see how well. this site will function as a wetland and for the use of Stormwater management. If you have any
questions or concerns please do not hesitate to contact Amanda Mueller of my office at [phone].
Sincerely Yours,
Cc: Daryl Lamb, DWQ - WSRO
Central Files
File Copy
Dorney
Np
One
r hCaro ina
Naturally
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
A7?i"A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
Cross Pointe Baptist Church
P.O. Box 1708
Concord, NC 28025

William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
July 27, 2004
WETLANDS 1401 GROUP
AUG 0 4 2004
WAFER QUALITY SECTION
Subject: 401 Water Quality Certification
Cross Pointe Baptist Church
Cabarrus County, NC
Dear Sir or Madam:
This Office has received information from the Cabarrus County Soil and Water Conservation
District that you may be planning to disturb jurisdictional wetlands and/or 150+ linear feet of stream
channel during construction of the subject development (phases 2 to 5).
Please be advised that pursuant to Army Corps of Engineers (ACOE) and North Carolina Division
of Water Quality (the Division) requirements prior approval is needed before initiating any activity that
would disturb more than 150 linear feet of stream channel and/or 0.1 acre of wetlands. It should also be
noted that it is the responsibility of the ACOE to determine whether or not any channel being impacted is
indeed a stream for which they may claim jurisdiction.
For jurisdictional channel impacts, compensatory mitigation may be required to replace
unavoidable lost or degraded aquatic life uses of these streams through in stream measures and/or riparian
techniques, such as buffer establishment or vegetative planting for temperature control (typically referred
to as stream bioengineering). In determining whether stream mitigation will be necessary, the Division
will need to ascertain whether the stream supports aquatic activity.
In order to obtain the Division's approval for any proposed stream and /or wetland impacts, seven
(7) copies of the Pre-construction Notification Application (PCN), along with supporting maps and
documentation, should be completed and returned to the addresses listed in the application. Please make
sure that all maps submitted with the application are of suitable scale (e.g. 1" = 100') and delineate all
impacted streams, ponds, and/or wetlands on the project site. Downloadable copies of the Division's
General Certifications as well as the PCN can be accessed at the Division's Wetland web page:
http://h2o.ehnr.state.ne.us/newetlands/
919 N. Main Street, Mooresville, North Carolina 28115
Phone: [phone] / FAX: [phone] / Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarohna
Natu'raliff
Page 2
If you do not have access to this web page, please contact this Office at the phone number listed below
and a copy of the PCN will be forwarded to you. If you have already filed for the 401 certification. please
disregard this notice. You should also note that issuance of a ACOE 404 Permit or receipt of a written
ACOE delineation verification does not relieve you of your responsibility of determining the need for a
401 Water Quality Certification prior to proceeding with any channel or wetland impacts.
If you have questions regarding this matter, please contact Mr. Alan Johnson or me at (704) 663-
1699.
Sincerely,
D. Re leason, P.E.
Water Quality Regional Supervisor
cc: D. Testerman - Cabarrus SWCD
John Dorney, DWQ
Amanda Jones, USACOE
F `NATF
O?0 R4Ci Michael F. Easley, Governor
William G. Ross Jr., Secretary
t" North Carolina Department of Environment and Natural Resources
O `C Alan W. Klimek, P.E. Director
., Division of Water Quality
Division of Water Quality
Surface Water Protection Section p will
November 2, 2004 D
Nov 1 ® 2004
Thomas Gordon Wilf, Jr. ?*go
Post Office Box 127
Barnardsville, NC 28709
Subject: Emergency Approval for Streambank Stabilization
Wilf Property along Dillingham Creek
Buncombe County
Dear Mr. Wilf:
In accordance with your request for emergency streambank stabilization on November 2, 2004, The
Asheville Regional Office hereby approves the referenced activity with the following conditions (in
addition to those required under GC3376):
1. All work shall be done from the dry bank. No equipment shall enter the waterway.
2. The stone / cobble bar "island" shall not be excavated below the current water level.
3. 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. 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.
4. Buffer Mitigation (On-site Restoration)
You are required to mitigate for impacts to the protected riparian buffers. The DWQ has
determined that you may satisfy this mitigation requirement by planting native woody trees and
shrubs within the retained portions of the protected buffers. You must ensure their survival for
a period of a least five (5) years. You are required to replace any of these trees or shrubs that
die within this five (5) year period. You are required to provide proof in writing that the trees
have been planted within one year of the date of this letter. The proof of plantings shall be
submitted to the Asheville Regional Office. No"rthcarofina
Naturally
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Emergency Approval for Sewer Crossing
Wilf Property along Dillingham Creek
Page 2.
5. Turbidity Standard
The turbidity.standard of;;25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described'. in 15` A NCAC 2B..0200. Appropriate sediment and erosion control practices must
be used to meet this standard. Should the stabilization activity result in the waterway below
the activity becoming cloudy, all work shall stop, and erosion and sediment control practices be
modified, improved, or altered such that no sediment is discharged to downstream resources.
6. 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:
a. 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. 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. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
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.
ON,
Emergency Approval for Sewer Crossing
Wilf Property along Dillingham Creek
Page 3.
All work must be completed prior to October 15, 2004 in order to protect trout resources. Should
work need to continue beyond October 15th, please contact the NC Wildlife Resources Commission
for further concurrence at 828-452-0422 ext. 24.
Should you have any questions, please do not hesitate to contact me at Kevin. BarnettCa),ncmail.net or
at 828.296.4657.
Since ely,
Kevin H. Barnett
Environmental Chemist
cc: Mr. Scott McClendon, US Army Corps of Engineers
Mrs. Cyndi Karoly, Wetlands / 401 Unit
' OF WATER
?O? QG
O `C
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
Division of Water Quality
Surface Water Protection Section
November 3, 2004
Robert Huff
367 Green Valley Road
Leicester, NC 28748
Qc?c?m 0 e0=3p
NOV 1 0 2004
DENR - WATER QUALITY
WETLANDS AND STDRMWATER BRANCH
Subject: Emergency Approval for Streambank Stabilization
Huff Property along Sluder Branch
Buncombe County
Dear Mr. Huff:
In accordance with your request to perform emergency streambank stabilization on November 2,
2004, The Asheville Regional Office hereby approves the referenced activity with the following
conditions (in addition to those required under GC3376):
1. All work shall be done from the dry bank. No equipment shall enter the waterway.
2. 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. 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.
3. Buffer Mitigation (On-site Restoration)
You are required to mitigate for impacts to the protected riparian buffers. The DWQ has
determined that you may satisfy this mitigation requirement by planting native woody trees and
shrubs within the retained portions of the protected buffers. You must ensure their survival for
a period of a least five (5) years. You are required to replace any of these trees or shrubs that
die within this five (5) year period. You are required to provide proof in writing that the trees
have been planted within one year of the date of this letter. The proof of plantings shall be
submitted to the Asheville Regional Office.
NhCarolina
prt
f`YlCQ?t'lf
North Carolina Division of Water Quality 2090 U.S. Highway 70 Swannanoa, NC 28778 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal OpportuniWAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Emergency Approval for Sewer Crossing
Huff Property along Sluder Branch
Page 2.
4. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 26..0200. Appropriate sediment and erosion control practices must
be used to meet this standard. Should the stabilization activity result in the waterway below
the activity becoming cloudy, all work shall stop, and erosion and sediment control practices be
modified, improved, or altered such that no sediment is discharged to downstream resources.
5. Standard Erosion and Sediment Control Practices
Erosion ahod 'sedinvent control practices must be in full compliance with all specifications
governing
the proper design, installation and operation and maintenance of such Best Management
Practices:
a. 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.' 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. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
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.
at'
Emergency Approval for Sewer Crossing
Huff Property along Sluder Branch
Page 3.
All work must be completed prior to November 15, 2004 in order to protect stream resources. Should
work need to continue beyond November 151h, please contact the NC Wildlife Resources Commission
for further concurrence at 828-452-0422 ext. 24.
Should you.have any questions, please do not hesitate to contact me at Kevin. BarnettCabncmail.net or
at 828.296.4657.
Sincerely,
A06??-
Kevin H. Barnett
Environmental Chemist
cc: Mr. Scott McClendon, US Army Corps of Engineers
Mrs. Cyndi Karoly, Wetlands / 401 Unit

\14 A
0 QG
co -7
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
Coleen H. Sullins, Deputy Director
Division of Water Quality
WATER QUALITY SECTION
WETLANDS / 401 GROUP April 6, 2004
Mr. Mile Bonwell APR 14 2004
2324 NC Hwy. 16 S.
Taylorsville, NC 28681 ` U
Subject: 401 Water Quality Certification
Stiles Creek Subdivision
Alexander County, NC
Dear Mr. Bonwell:
This Office has received a layout of the Stiles Creek Subdivision in Alexander County from
County's Planning and Zoning Division showing that you may be planning to disturb jurisdictional
wetlands during construction of the subject project.
Please be advised that pursuant to Army Corps of Engineers (ACOE) and North Carolina
Division of Water Quality (the Division) requirements prior approval is needed before initiating any
activity that would disturb more than or 0.1 acre of wetlands and/or 150 linear feet of stream channel. It
should also be noted that it is the responsibility of the ACOE to determine whether or not any channel
being impacted is indeed a stream for which they may claim jurisdiction.
For jurisdictional channel impacts, compensatory mitigation may be required to replace
unavoidable lost or degraded aquatic life uses of these streams through in stream measures and/or
riparian techniques, such as buffer establishment or vegetative planting for temperature control
(typically referred to as stream bioengineering). In determining whether stream mitigation will be
necessary, the Division will need to ascertain whether the stream supports aquatic activity.
In order to obtain the Division's approval for any proposed stream and /or wetland impacts,
seven (7) copies of the Pre-construction Notification Application (PCN), along with supporting maps
and documentation, should be completed and returned to the addresses listed in the application. Please
make sure that all maps submitted with the application are of suitable scale (e.g. 1" =100') and delineate
all impacted streams, ponds, and/or wetlands on the project site. Downloadable copies of the Division's
General Certifications as well as the PCN can be accessed at the Division's Wetland web page:
httv://h2o.ehnr.state.ne.us/newetlands/
A
1?lorthCarolina
1 Vaturadlrf NCDENR
N. C. Division of Water Quality, Mooresville Regional Office, 919 North Main Street, Mooresville NC 28115 [phone] Customer Service
1-877-623-6748
Page 2
Bonwell
If you do not have access to this web page, please contact this Office at the phone number listed below
and a copy of the PCN will be forwarded to you. If you have already filed for the 401 certification,
please disregard this notice. You should also note that issuance of a ACOE 404 Permit or receipt of a
written ACOE delineation verification does not relieve you of your responsibility of determining the
need for a 40'1 Water Quality Certification prior to proceeding with any channel or wetland impacts.
If you have questions regarding this matter, please contact Mr. Alan Johnson or me at (704) 663-
1699.
Sincerely,
-w
,, D. Rex n, P. E.
Water Quality Regional Supervisor
Cc: Corey Priddy, DLR
John Dorsey, D WQ
Steve Chapin, USACOE
Bonwell, Hall Venture, Inc.
pF WATEA
60_4?

o J;iii? -c
Ms. Susan Weir
8733 Magnolia Estates Dr.
Cornelius, NC 28031
Michael F. Eacle-. Governor
William G. Ross Jr.. Secretary
North Carolina Department of Environment and Natural Resources
o ? ? 1ppA
wE
Alan W. Klimek. P.E. Director
Division of Water Quality
December 23, 2004
DWQ# 04-1754
Mecklenburg County
Subject Property: 19249 Hidden Cove Ln.
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River Buffer
Protection Rules (15A NCAC 2B .0243) with Additional Conditions
Dear Ms. Weir:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.001 acre of waters and 0.001 acre of riparian buffer for the purpose of
constructing a seawall along approximately 90 linear feet of shoreline on Lake Norman, as described in your
application received on November 1, 2004. After reviewing your application, we have determined that this
project is covered by Water Quality General Certification Number 3373, which can be viewed on our web site
at http://h2o.enr.state.nc.us/ncwetiands. The General Certification allows you to use Regional Permit No.
198200030 once it is issued to you by the U.S. Army Corps of Engineers (USACOE). This letter also serves
as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B
.0243. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and
Water Supply Watershed regulations.
The above noted Certification will expire when the associated USACOE's 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying with all
conditions. If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h).
In addition to the requirements of the certification, you must also comply with the following conditions:
1. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 213 .0243 (5)).
2. Four two-inch caliper native specie trees will be replanted (in a random manner) within 30 ft. of full pond
to compensate for those trees that must be removed along the shoreline.
3. Upon completion of the project, the applicant/responsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401NVetlands Unit. Please submitted a
photo of the replanted trees to the attention of Mr. Alan Johnson at the Mooresville Regional office.
If you do not accept any of the conditions of this certification, 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 (that
North Carolina
Naturally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirrnative Action Employer - 50% Recycled/10% Post Consumer Paper
Page 2
conforms to Chapter 150B of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing. .
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 Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
G?,??.a..?n2 Qti
Alan W. Klimek, P.E.
AK/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit- Cyndi Karoly
CBC Custom Shorelines
Central Files
MEMORANDUM
TO: John Dorney Regional Contact: J. Steenhuis
Non-Discharge Branch WQ Supervisor: R Steenhuis
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Town Of North Topsail Beach : Bike Path
Project Number 04 2033
Recvd From DCM
Received Date 12/20/04 Recvd By Region
Project Type bike oath
County Onslow
County2
Region Wilmington
Certificates Stream
Permit Wetland Wetiand Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
7CA1I:1 O Y O N F__ 18-87-11.7 SA ORw 30,624.
ON Mitigation Wetland
MitigationType Type Acres Feet
F_ I F_
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: 10 Issue O Issue/COnd O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
No 401 certification is needed for the project as proposed. If any impacts to 4040/401 wetlands are
to occur, this office needs to be contacted. 12/29/04 JHS
cc: Regional Office
Central Office Page Number 1
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MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Noelle Lutheran
WO Supervisor: Rick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Town of Holly Ridge Waste Treatment Facility
Project Number 04 0053
Recvd From APP
County onslow
County2
Region Wilmington
Received Date 1/14/04 Recvd By Region
Project Type Waste Treatment Facility Upgrade
Certificates Stream
Permit Wetland Wetiand Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
12 riparian K770 N I F-F-r 305.0 0.27 127.00
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This office has no objection to the eject as proposed (after-the-fact) provided that all of the
conditions of General Water Quality Certification #3402 and #3404 and the additional conditions (fit
include restoration plans) listed in the written 401 Water Quality Certification are met.
Th'0 401 Water'Quality'Certification was written 'on 3/11/04. `NML
cc: Regional Office Page Number 1
Central Office
,%-\ OF W AT?cRQG
0
6
r
Alan W. Klimek, P.E., Director
Division of Water Quality
December 17, 2002
DWQ Project No. 99-0328
Wake County
Page 1 of 2
Mr. Nelson Law
2080 Pine Cone Lane
Atlanta, Georgia 30319
Subject Property: Willow Place Town Homes / Condominiums, Edmund Street, Raleigh, NC
Unnamed Tributary to Cemetery Branch [03-04-02, 27-33-18-2, C NSW]
MAJOR VARIANCE APPROVAL per the NEUSE RIVER RIPARIAN AREA PROTECTION RULE [15A NCAC 213
.0233(9); w/ ADD!T!ONAL CONDITIONS
Dear Mr. Law:
On December 11, 2002, the Water Quality Committee (WQC) of the N.C. Environmental Management Commission (EMC)
decided to approve the proposed modification to your Major Variance originally approved in May 1999 with the following
conditions. This letter shall act as your Major Variance approval as decided by the WQC and described within 15A NCAC
02B .0233(9)(c). In addition, you should obtain or otherwise comply with any other required federal, state or local
regulations before you proceed with your project including (but not limited to) U.S. Army Corps of Engineers 404 Permits,
Division of Water Quality (DWQ) 401 Certifications, Erosion and Sediment Control and Non-Discharge regulations.
This approval is only valid for the purpose and design that you described in your Major Variance. If you change your
project, you,must,notify us and you may be required to send us ',a new application and request a new Major Variance
approval through'the WQC. If the property is sold, the new owner must be given a copy of this approval and is thereby
responsible for complying with all conditions.. For this approval to be valid, you must follow the conditions listed below.
Conditions:
1. You must comply with any conditions listed within the 401 Water Quality Certification issued to you from the DWQ on
June 18, 1999 except as modified within this approval.
2. The WQC approved your modified plans as depicted on the "Willow Place Condominiums, City of Raleigh, North
Carolina - Site Grading and Drainage Plan" dated October 3, 2002 and sealed by Mr. Harold A Yelle, P.E. on October
26, 2002. Any modification to these plans must be approved by the DWQ and you may be required to request a new
Major Variance approval through the WQC. The WQC has decided that the DWQ Staff may approve any modification
to these plans if the following conditions are met.
2.1. The modifications do not change the original finding of fact that all of the requirements for a Major Variance have
been met pursuant to 15A NCAC 02B .0233(9)(a).
2.2. The modifications do not result in additional impacts (either direct or indirect) to water quality.
2.3. The modifications comply with the conditions of the original variance approval.
3. The project shall comply with the stormwater management plan dated October 26, 2002 and approved by the DWQ
on November 14, 2.002._ Before any permanent building is occupied at-the subject.site„the stormwater. facilities (as
approved by this Office) shall be constructed and operational, and the storm water management plan (as approved by
this Office).shall,be implemented. The structural stormwater practices.as.approved by this Office as well. as drainage
patterns must; be maintained in perpetuity. No changes to the structural stormwater practices shall be made without
,.,.
written authorization from the DWQ.
If you do not accept any of the conditions of this Major Variance Approval, you may ask for the full EMC to review your
variance request. You must send us a request for this review in writing within 60 days of the date that you receive this
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
Page 2 of 2
letter. If you do not accept any of the conditions of their review, you may ask for an adjudicatory hearing. To ask for a
hearing, send a written petition which conforms to Chapter 1508 of the North Carolina General Statutes to the Office of
Administrative Hearings, PO Box 27447, Raleigh, N.C. 27611-7447. This Major Variance Approval 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 the Neuse River Riparian Buffer Protection. Rules
(15A NCAC 2B .0233). Please call Bob Zarzecki at [phone] if you have any questions or require copies of our
rules or procedural materials.
Sincerely,
Cc: John Cooke, Womble, Carlyle, Sandridge & Rice, P.O. Box 831, Raleigh, NC 27602
Edward Bedford, 1 st American Land, 2521-134 Schiefflin Road, Apex, NC 27502
Mid-Atlantic Associates, 409 Rogers View Court, Raleigh, NC 27610
Steve Mitchell, DWQ Raleigh Regional Office
Harold Yelle, Aiken & Yelle Associates, 3755 Benson Drive, Raleigh, NC 27609 (AYES Project 9226MEAD)
Bill Brower, City of Raleigh, P.O. Box 590, Raleigh, NC 27602
Heidi Miller, 613 Edmund Street, Raleigh, NC 27604
File Copy.
Central; Files
DWQ' 990328
December 17, 2002
bz
OF W A r? Micha 1 F. Easley, Governor
Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
C0 Alan W. Klimek, P. E. Director
'-I Division of Water Quality
C Coleen H. Sullins, Deputy Director
Division of Water Quality
August 18, 2003 'LAT-NI1 P
Commanding General AUG 2 9 M
c/o Mr. George Radford
Marine Corps Air Station Cherry Point TF '? UTYSEC
EAD LN, PSC Box 8006 "?
Cherry Point, NC 28533-0006
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
USMC - Piney Island/BT11
Maintenance Dredging
Carteret County
You have our approval, in accordance with the attached conditions (WQC #3349), to do the
following activity at BT11, on Piney Island, Carteret County. This approval allows you to:
1. Hydraulically dredge 58.5 acres of the access channel to the BT-11 Boat Harbor in Jacks
Bay. The channel shall be dredged to its original depth and width only, and the spoil
material shall be piped to an upland disposal area as shown on the submitted plans.
This approval is only valid for the purpose and design that you described in your Pre-
Construction Notification (PCN) application received by the Division of Water Quality (DWQ) on
June 9, 2003. After reviewing your application, we have determined that General Water Quality
Certification Number 3349 covers this activity. This Certification can also be found on line at:
http://b2o.enr.state.nc.us/ncwetlands/certs.html. This Certification (#3349) allows you to use your
404 Permit when the Corps of Engineers issues it. Please keep in mind that there may be additional
Federal, State or Local regulations applicable to your project, such as (but not limited to) Sediment
and Erosion Control, Non-Discharge and Water Supply Watershed regulations, NPDES Stormwater,
and Coastal Stormwater. In addition, this approval will expire when the accompanying 404
Permit expires unless otherwise specified in the General Certification.
Please be aware that if you change or modify your project, you must notify the Division
(DWQ) in writing and you may be required to send us a new application for a new certification.
If the property is sold, the new owner must be given a copy of the Certification and approval letter
and is thereby responsible for complying with all conditions. If total wetland fills for this project
(now or in the future) exceed one acre, compensatory mitigation may be required as described in
15A NCAC 2H.0506 (h). For this approval to be valid, you must follow the conditions listed in
the attached certification and the additional conditions listed on the following page:
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] lUt..[?Et';?,
Page Two
Mr. Radford
DWQ Project #030833
August 18, 2003
1. 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;
2. The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B .0200. Appropriate sediment and erosion
control practices must be used to meet this standard;
3. All Dredging shall be done between the dates of September 1, 2003 and April 30, 2004.
Please notify the Wilmington Regional Office at [phone]) if any problem arises
during the construction of the project that may affect water quality.
Please read the attached conditions. If you do not accept an of the conditions of this
ce i ica ion, you may as or 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 conforming to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and
binding unless you ask for a hearing.
This letter completes the review of the DWQ Permit # 030833. If you have any questions,
please telephone Noelle Lutheran at 910-395-3900.
Sincerely,
Alan W. Klimek, P.E.
Director, Division of Water Quality
I?P Attachments: GC # 3349
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office - Mickey Sugg
401/Wetland Unit, Central Office - Cyndi Karoly
WiRO- Noelle Lutheran
\1'4.n TF "' " o5-('a 5- Michael F. Easley, Governor
0 9pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
D , `C
July 9 , 2003
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 NCAC 2H .0500, the following DEED NOTIFICATION shall be recorded in the
Rowan County Registry prior to the conveyance of lots. Said Deed Notification shall apply to name of
sube; zision, lot numbers in Rowan County, North Carolina as shown on plans titled
Oakview Commons, Phase Ilfusert subdivision name) prepared by Mactec Engineering (insert name J
designer) dated date: 2-12-03
",k portion of this lot has been determined to meet the requirements for designation as a wetland, stream or protected
stream buffer. Any subsequent fill or alteration of this area shall conform to the requirements of the state rules adopted by
the State of North Carolina in force at the time of the proposed alteration. The intent of this provision is to prevent additional
wetland, stream or buffer filling or draining, so the property owner should not assume that a future application for filling or
draining'would be approved. The property owner shall report the name of the subdivision in any application'pertaining to
said rules. This covenant is intended to ensure continued compliance with all rules adopted by the State of North Carolina
and therefore the State of North Carolina may enforce benefits. This covenant is to run with the land and shall be binding on
all Parties and all persons claiming under them".
Owner's name: Residential Development LLC
Address: D n D-- 1
City, State, Zip Code: Eeneer-d, NG 288-0801
Phone, Number: 7( 04) 786-2387
A Member, Manager
igna re
NELMM1401 GROUP
JUL 6 9 200;3
NATERQUALITYSECTION
STA7 E OF NORTH CAROLINA
CABARRUS COUNTY
1, _Linda K. Hartsell , a Notary Public of the State of North Carolina,
Cabarrus
hereby certify that owner personally appeared before me this day and executed by above certification.
Witness my hand and notorial seal, this 9th day of
My commission expires: May 5, 2006

?Y ca

Z

° a

N. C. Division of Water Quality, 401 Wetlands Certification Unit, `'a14ifillli,?Dr`.
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-17?6 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.uslncwetiands
2003
otary Public
County,
A Au
V' ; -0250 Y
,JV A j Michael F. Easley, Governor
?QO : RQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
? Y
200`
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 NCAC 2H .0500, the following DEED NOTIFICATION shall be recorded in the
T "Rft PS U N /)q County Registry prior to the conveyance of lots. Said Deed Notification shall apply to name of
subdivision, lot numbers in 640Y.L (J/Q lh County, North Carolina as shown on plans titled
0 ^rl kY rS'r6TXS (insert subdivision name) prepared. by JTfA/l(I A1S (insert name of
designer) dated date: Li a _ 01
"A portion of this lot has been determined to meet the requirements for designation as a wetland, stream or protected
stream buffer. Any subsequent fill or alteration of this area shall conform to the requirements of the state rules adopted by
the State of North Carolina in force at the time of the proposed alteration. The intent of this provision is to prevent additional
wetland, stream or buffer filling or draining, so the property owner should not assume that a future application for filling or
-draining would be approved. The property owner shall report the name of the subdivision in any application pertaining to
said rules. This covenant is intended to ensure continued compliance with all rules adopted by the State of North Carolina
and therefore the State of North Carolina may enforce benefits. This coven o run with the land and shall be binding on
all Parties and all persons claiming under them". J.
Signature

Owner's name: l? D ?rL lQ D?' 1?/? if ll?C11CJ?i R?
Address: 0,
City, State, Zip Code: Ted oyyy- C/7-YOl/ yr37?" WETLgNDS 1401 GROUP
Phone Number: (W 7) ?? y 13 ? Y 9
JUL 0 S 2004
WATER QUALITY SECTION
STATE OF NORTH CAROLINA
I Notary Public of the State of North Carob , I? @rounty,
herel?y certify that owner personally appeared before in s day and executed by above certificatio
A90
Witness my hand and notorial seal, this day
jNlryy Public
My commission expires W ?-
17 Am ,
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/newetiands
a3 901-
N.C. Division of Water Quality
401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: DWQ Project # 02-1263
Pamlico County
Mitigation Compliance

WETLANDS 1401 GROUP
JUL 2 8 2004
WATER QUALITY SECTION
July 23, 2004
This letter is to advise your office of compliance with the mitigation requirements
outlined for DWQ project 402-1263 and to certify the plantings were completed earlier
this month. We planted 10 nursery grown woody shrubs and 5 two-year old hardwood
trees and one hardwood tree liner. We are have been working on a simplified, automatic
irrigation system to ensure the survivability of the plants, however, this has not been
completed due to a problem with the automatic control valves, however, we thought it
best to notify you of the plantings which fulfill, to our understanding, the mitigation
requirement. We understand our responsibility to keep these plants alive and will do so
willingly.
It is interesting to note that on a heavily wooded parcel, it can be challenging to find
suitable planting area within the zone 1 buffer area that meets the light requirements for
most woody, container plants. Some of the trees were planted closer together than
normally desirable due to the limited sunlight conditions.
In any event, we have completed the plantings and assume we have met the conditions of
the permit. We sincerely made all efforts to comply with the `letter' and `spirit' of the
requirement.
Regards,
John D. & Kathleen A. Buck
121 Steeplechase Rd
Chapel Hill, NC 27514
CC: N.C. Division of Water Quality
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
fTENT CHANNEL
EVAN UATION FORM
AC mN w A0Q33Q a1Df Aprl.1 mTmrs r DAVE k- 0`9
f
rROPMED CH"NEL WORK (i e.. oolvert, -kwAdm sect)
WAT5FA0DYML V R DAMN rxJ& COUMIClTY [?'.•+-?? ?1+??
QECLIVT WEAL mn CONDmONS ?` -
r SP NP
Fis>tl$hellGah?Cnmtaeeeos Present
Dexthic Macro h wertebrms
r •

./ Amphibisas present/Broeding
Algae Asd/Or Fimg+ra (+vater quality tim?.?)
Wildlife Channel Use (i.e. VMC104 raper, dW1h, OMM)
Fodma* Probated species Present (DhoontWom) t? .

.
RifHe/Pool Sumcbm
stable SkemM&M1<6

.?"
Chamo?d Suba4rate
i.a coarse qppm + +
Riparian Caanpy Presort (SP M 59% dorms)
UndvwAg Banc bm&tam Habitat Stnrxine
Flow in Ghaumel

J? Wetlands AdJAGM With Channel
Dlsoos<tiaue
?/
I1 (June ietdnR Pools/Saturated
?I-
Spgw/Gaa+mdw*w Dlsahatpe 0- t1 Sqk.)
Adjacent Floodplala Prom=
Wtwk Material or Wft Lints
H~yUc Vegetation i dadiaeeat to channel
Imp r*W To Dmtrtk W bW SqW V 1 1?
Does ammod AppwUa A Quad 0r Soa1Map? YY ti,% Appeu. D WwM Aram OD__ 10W _ lrf-s
Perennial Chounel (stop) ® hgwtmt Chlmi L _tQQ LF PROJECT MQi. IMbb
intermittent am el (low Unimpw= Channel: LIP
Ephemeral Channel (nn Jd) (attach a* indicating location of iu VwtmnY-podant channel)
bitch Throngh Upland (20d)
Evdaabr's Bfpastarc: _
(if U!A
C.O. . pavja mantget)
p--p +ck nt SP=Spangly Present NP=Not PfCWM
" for Co,op,+&?
11/4/%
1 ? ?{-
'Woo Coo l ? 1CLAt
Sincerely,
?W?
Jennifer Robertson
Project hlampr
Mobile [phone]
Copies Sent Ta:
N.C, DhIdan of Water Quality
Mooresv& Ragkmi Office
Attn: Mr. Mike Plarker
919 North plain 5deet
Mooros;Wlo, North Cwolaa 2811 5
psoJ.cr N.: ' 1044 C*fJ xi- Hain: C&kUW 6& Cb': C04M&"^ Bvel? IdL"i
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?ysiw nMmi?rralrawdi
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2) Is the LwA Towne YA Sbcudmd
PRIMARY BIOLOGY IMDIC.ATM
Swoulm Field Indicsrtori: o& oa.m-fi-PwL w
4) h WwWr hi CbwVW Amd X48 Hm. Skm 0 - 1.5
5) is Thee Watr Em Chm l Dodos Dry 0 1 1.5
Cmdilidm or is Canwma Swu ml2 _ C 1)
0MROLOGYl1OXAM PpUM.
ELRd9dW A6?e>ft weri#c Medusa Shaw
1) xs Thisymea (or law's) LaBueor
9) Art Wdisnd PbM In SMmhod? SAV Mrq ate, >NNW IALW 40.rmw KAq-ti savvy ura,
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PBB"" GUOMORPgOLOGYRVDICATOR POEM -U-
s8cvNAormwaGrnara mmrrSL5--
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w• Cp l ' ??,lo? CJAtio ( FloL 1GL4
BrranA Stahl Brian A. Stahl
7311 Carokm Beach Road 32780 North River Rd.
VVkrmgbn,NC28412 Harrison Twp., MI 48045
DWQ PROJECT #010003 New Hanover County
March 20, 2003 WETLANDS/ 401 GROUP
Noeffe Lutheran MAR 2 1 2003
401 Wetlands Unit
2321 Crabtree Blvd. WATER QUALITY SECTION
Raleigh, NC 27604-226
Dear Sir or Madam:
The CAMA Major Application submitted to the Division of Water Quality proposes to fill
444 square feet of coastal wetland fringe for the purpose of straightening the bulkhead
alignment on the property located at 7311 Carolina Beach Road, New Hanover County. The
focus of the project is with an indentation that was constructed in the original bulkhead to
avoid and minimize impacts to a section of coastal wetland. The proposal to straighten the
bulkhead represents the only management option to reduce observed negative impacts to both
the seawall structure and the adjacent supratidal habitat.
Hardships being experienced by the indentation in the bulkhead are most often the result of
elevated water levels during lunar/spring tides, storm events and or wind/wave energy.
During these periods when water levels are above normal, debris is channeled into the
indentation where it often becomes destructive to the seawall structure and wetland fauna.
The larger debris has included trees, stumps, pilings, pieces of floating docks and other
lumber. A secondary impact is the trampling of the delicate fauna that has been a result of
trying to remove the debris to minimize further destruction. Another impact experienced
during elevated water levels is increased erosion at the base of the indented section of the
bulkhead. During the highest tides, wave energy is able to propagate through the Spartina
grass and interact with the indentation of the bulkhead. Due to the orientation of the
indentation, the wave energy is reflected off the sides of the indentation toward the rear corner
of the V-shape. As a result the wave energy is magnified at that single point scouring the
supporting sediment.
Although the proposed project to straighten the bulkhead may appear to be destructive to the
coastal wetlands in the short term, approving the permit could reduce environmental impacts
associated with floating debris and its removal.
Sincerel
0000
Brian A. Stahl
Owner
i

L" N
U-s
Riparian Buffer Restoration at Moye Farm, Greene County
Photographs of Main Stream and Bank Condition Prior to Modification, 2002

_ a
3

}:r e

p
R y .C t

r

Stream bank in Tract D; existing bank slope is approximate 2-1 thus no modification
needed.
Stream and bank condition in portion of Tract B; grading will be accomplished to reduce
slope to 2-1 or less.
i
r

17 n

View of existing vegetation in Tract B bridge; banks are stabile but some non-native
species (privet, chinaberry) will be removed.
F' L
t %
1
S,r
View of existing vegetation in Tract A; banks are most deeply incised in this reach but
contains segments where existing vegetation has stabilized banks; grading will be
accomplished on segments where instability occurs.
$
N Y16` ?L . _
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT "
PERMIT AND WATER QUALITY CERTIFICATION
The Department of Environment, Health and Natural Resources hereby gives public
notice as required by NCGS 113A-119(b) and 143-215 3(a)(1)(c) that the North Carolina
Department of Transportation of Raleigh in Wake County, filed an application on November
16, 1994, for a permit from the Division of Coastal Management to develop in an Area of
Environmental Concern and for certification from the Division of Environmental
Management that a discharge of fill material in project wetlands will not violate applicable
water quality standards.
According to said application the applicant proposes to replace an existing bridge with
three 117" X 79" corrugated steel pipe arch culverts approximately 60' in length and upgrade
and pave SR 1316.
A copy of the entire application and additional information may be examined (or
copies furnished upon request and payment of reproduction costs) during normal business
hours at the office of M. Ted Tyndall, Division of Coastal Management, located in the
Division of Marine Fisheries Building, Morehead City, N.C., [phone], and/or the
office of Rick Shiver, Division of Environmental Management, DEHNR Regional Field
Office, Wilmington, N.C., [phone].
The Division of Environmental Management proposes to take final action on this
water quality certification on or before January 10, 1995. The issuance of the CAMA Major
Development permit and the Section 401 Certification may deviate from this projected date
depending upon the nature of the comments submitted and subsequent hearings that may
result.
All persons desiring to make comments should do so in writing to Roger N. Schecter,
Director, Division of Coastal Management, P.O. Box 27687, Raleigh, N.C., 27611, prior to
January 5, 1995 for consideration in the CAMA permit decision, and to Preston Howard,
Director, Division of Environmental Management, P.O. Box 27687, Raleigh, N.C., 27611,
prior to December 31, 1994 for consideration in the water quality certification decision.
Later comments on the CAMA application will be accepted and considered up to the time of
permit decision. Project modifications may occur based on review and comment by the
public and state and federal agencies. -Notice of the permit decision in this matter will be
provided upon request.
PUBLISHED ON: Friday, December 16, 1994
i•
i
5.
Michael F. Ea ;
Goven
William G. Ross, Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION & Neuse River Buffer Rules
THIS 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) Regulations in 15 NCAC 2H, Section .0500. It is issued to the Town of
Holly Springs resulting in dredging of 94,667 cubic yards of soil and fill of 354 linear feet of
stream impact in Wake County pursuant to an application filed on the 20TH day of April, 2001 to
renovated Bass Lake as described in the Public Notice dated March 28, 2001 issued by the US
Corps of Engineers.
The application provides adequate assurance that the discharge of fill material into the
waters of Basal Creek and Bass Creek in conjunction with the proposed development will not
result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore,
the State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with
the application and conditions hereinafter set forth. This approval is also valid for the Neuse
River Buffer rules (15A NCAC 2B .0233).
This approval js only valid for the purpose and design that you submitted in your
application, as described in the Public Notice. If you change your project, you must notify us and
send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying with
all conditions. If total wetland fills for this project (now or in the future) exceed one acre or total
perennial str am impact exceeds 150 feet, compensatory mitigation may be required as
described in A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow
the conditions listed below. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion
control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
1. Appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent version of two manuals, either the "North Carolina Sediment and Erosion Control- - -
planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the
Division of Land Resources in the DEHNR Regional or Central Offices). The control practices
shall be utilized to prevent exceedances of the appropriate turbidity water quality standard (50
NTUs in all fresh water streams and rivers not designated as trout waters; 25 NTUs in all lakes
and reservoirs, and all saltwater classes; and 10 NTUs in trout waters);
2. All sediment and. erosion control measures placed in wetlands or waters shall be removed and
the natural grade restored after the Division of Land Resources has released the project;
. 3. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
4. Should waste or borrow sites be located in wetlands or other waters, compensatory mitigation
will be required since it is a direct impact from road construction activities;
5. A written fish and wildlife management plan to replace the lost uses of the forrner lake must be
submitted to DWQ for written approval before construction begins on this project.
6. A written approval plan for the creation of 840 feet of stream channel including woody plantings
(if appropriate) must be sent to DWQ for written approval before construction begins.
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax: [phone]
VV A
?o Michael F. Easley
x Governor
William G. Ross, Secretary
r$Y arn.v #`4?y Department of Environment and Natural Resources
.° K Kerr T. Stevens
Division of Water Quality
Violations of any condition herein set forth shall result in revocation of this Certification
and may result in criminal and/or civil penalties. This Certification shall become null and void
unless the above conditions are made conditions of the Federal 404 and/or coastal Area
' Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA
permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
27611-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 26TH day of June 2001
DIVISIqkN OF- WATER QUALITY
le
#3326
O
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650
Wetlands/401 Unit: [phone]
Fax: [phone]
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Environmental Review Tracking Sheet
DWQ - Water Quality Section
Date: ?a? ?ofS
TO: Env. Sciences Branch (WO Lab)
O Trish MacPherson (end. sps)
O Kathy Herring (forest/ORW/HQW)
O Larry Ausley (ecosystems)
O Matt Mathews (toxicology)
O Jay Sauber (intensive survey)
Non-Discharge Branch (Archdale 9th)
O Kim Colson (Permitting)
Wetlands (WQ Lab)
O John Dorney (Corps, 401, construction)
O John Hennessy (DOT)
CT'Pric Fleek (dredging)
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O Fayetteville O Raleigh
O Winston -Salem
DENR # c T -r.;cV 3
DWQ #?5 "
Mooresville O Washington
O Wilmington
Planning Branch Archdale 6th)
O (basinwide planning)
O Boyd DeVane (classifications & standards)
O Alan Clark (management planning)
O Jeff Coutu (water supply)
? Ruth Swanek (modeling) (Archdale 9th)
Point Source Branch (Archdale 9th)
O Dave Goodrich (NPDES) O
O Bradley Bennett (Stormwater) O
O Tom Poe (Pretreatment) (Archdale 7th) O
FROM: Gloria Putnam, Local Government Assistance Unit, Planning Branch, 6th Floor, Archdale
PhQne: (919) 733-503. Qxt. 567 fm: [phone] f,-mail: glQda ut a h2 e t ,.mss
PROJECT:
Attached is a copy of the above document. Subject to the requirements of the North Carolina
Environmental Policy Act, you are being asked to review the document for potential significant impacts to
the environment, especially pertinent to your jurisdiction, level of expertise or permit authority. Please
check the appropriate box below and return this form to me along with your written comments, if any, by
the date indicated. Thank you for your assistance. , i

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Environmental Assessment and Finding of
No Significant Impact
Lake Raleigh Dredging Project
North Carolina State University
Centennial Campus
Agency Contact Person:
Duane Knudson
Manager, Environmental Affairs
North Carolina State University
PO Box 8007
Raleigh, NC 27695-8007
Telephone: [phone]
Prepared by: Little & Little, Landscape Architecture/Planning
July 23, 1999

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Table of Contents
A. Proposed Project Description
B. Purpose and Need for Proposed Project
C. Alternatives Analysis
D. Existing Environmental Characteristics of Project Area
E. Predicted Environmental Effects of Project
F. Mitigative Measures
G. References
H. Exhibits
1. Vicinity Map
2. Location Map
3. Area to Be Affected By Project
4. Lake Raleigh Wetlands Map
5. Wetland Delineation Maps
6. Wetland and approved Spoil Areas East of the Dam Map
7. Existing Habitats Map
8. Soil Map
9. USDA Letter regarding Prime or Unique Agricultural Lands
10. NC Department of Cultural Resources Letter
1. State and Federal Permits Required

A. PROPOSED PROJECT DESCRIPTION
Over the previous life of Lake Raleigh, thousands of tons of sediment accumulated in the
lakebed. In September 1996, stormwater runoff resulting from Hurricane Fran breached
the lake's dam and drained the lake. This left the previously deposited sediments, which
have supported extensive growth of non-lake species, exposed and subject to further
movement down stream, creating an aesthetically unpleasing centerpiece for North
Carolina State Centennial Campus. The exposed sediments have also supplied abundant
area for both non-lake flora and fauna to encroach. Previously existing lake bottom
habitats no longer existed.
North Carolina State University intends to dredge and renovate approximately 56 acres of
Lake Raleigh's drained lakebed to correct drainage and restore the lake to its pre-
Hurricane Fran uses. The proposed dredging will remove approximately 158,000 cubic
yards of sediment. The material removed will be placed in controlled spoil areas within the
project limits and stabilized. Approximately ±20 acres of uplands generally east of the
lakebed will be used for a spoil area.
B. PURPOSE AND NEED FOR PROPOSED PROJECT
The project will provide renovation and reclamation of a significant portion of Lake
Raleigh degraded over the years by sediment deposition and sediment from excessive storm
runoff during Hurricane Fran. The restored lake will provide an esthetic water feature for
the campus, water related recreation potential, wildlife habitat, and water quality benefits.
C. ALTERNATIVES ANALYSIS
The alternatives of filling the lake without dredging, no action, and dredging were studied
in detail for the alternatives analysis in the 404 permit application and in "A Study of
Water Quality in Lake Raleigh." These documents are referenced in this report and will be
made available upon request. The no action alternative would result in a no dredge
situation. This would represent a failure of the University to meet its commitments to both
the people of North Carolina and the University's corporate partners. The alternative of a
shallow lakebed would not serve the existing and/or proposed development outlined in the
approved Campus Master Plan and zoning documents. The option of not removing the
sediments would leave a less effective water quality facility verses the proposed basin wide
dredging. There is no alternative for creation of a facility elsewhere on the campus that
would serve the past and future purposes of the lake. The lack of an alternate site and/or
the non renovation alternative would therefore be less supportive of existing and future
campus development which has been planned with Lake Raleigh as a viable and integral
part of that plan. In 1992 prior to Hurricane Fran, a "Study of Water Quality in Lake
Raleigh" by Joann Burkholder describes the reduced health and water quality functions of
`a #?
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a
Environmental Assessment and Finding of
No Significant Impact
Lake Raleigh Dredging Proiect
North Carolina State University
Centennial Campus
Agency Contact Person:
Duane Knudson
Manager, Environmental Affairs
North Carolina State University
PO Box 8007
Raleigh, NC-27695-8007
Telephone: [phone]
Prepared by: Little & Little, Landscape Architecture/Planning
July 23, 1999

Table of Contents
A. Proposed Project Description
B. Purpose and Need for Proposed Project
C. Alternatives Analysis
D. Existing Environmental Characteristics of Project Area
E. Predicted Environmental Effects of Project
F. Mitigative Measures
G. References
H. Exhibits
1. Vicinity Map
2. Location Map
3. Area to Be Affected By Project
4. Lake Raleigh Wetlands Map
5. Wetland Delineation Maps
6. Wetland and approved Spoil Areas East of the Dam Map
7. Existing Habitats Map
8. Soil Map
9. USDA Letter regarding Prime or Unique Agricultural Lands
10. NC Department of Cultural Resources Letter
1. State and Federal Permits Required

A. PROPOSED PROJECT DESCRIPTION
Over the previous life of Lake Raleigh, thousands of tons of sediment accumulated in the
lakebed. In September 1996, stormwater runoff resulting from Hurricane Fran breached
the lake's dam and drained the lake. This left the previously deposited sediments, which
have supported extensive growth of non-lake species, exposed and subject to further
movement down stream, creating an aesthetically unpleasing centerpiece for North
Carolina State Centennial Campus. The exposed sediments have also supplied abundant
area for both non-lake flora and fauna to encroach. Previously existing lake bottom
habitats no longer existed.
North Carolina State University intends to dredge and renovate approximately 56 acres of
Lake Raleigh's drained lakebed to correct drainage and restore the lake to its pre-
Hurricane Fran uses. The proposed dredging will remove approximately 158,000 cubic
yards of sediment. The material removed will be placed in controlled spoil areas within the
project limits and stabilized. Approximately ±20 -acres of uplands generally east of the
lakebed will be used for a spoil area.
B. PURPOSE AND NEED FOR PROPOSED PROJECT
The project will provide renovation and reclamation of a significant portion of Lake
Raleigh degraded over the years by sediment deposition and sediment from excessive storm
runoff during Hurricane Fran. The restored lake will provide an esthetic water feature for
the campus, water related recreation potential, wildlife habitat, and water quality benefits.
C. ALTERNATIVES ANALYSIS
The alternatives of filling the lake without dredging, no action, and dredging were studied
in detail for the alternatives analysis in the 404 permit application and in "A Study of
Water Quality in Lake Raleigh." These documents are referenced in this report and will be
made available upon request. The no action alternative would result in a no dredge
situation. This would represent a failure of the University to meet its commitments to both
the people of North Carolina and the University's corporate partners. The alternative of a
shallow lakebed would not serve the existing and/or proposed development outlined in the
approved Campus Master Plan and zoning documents. The option of not removing the
sediments would leave a less effective water quality facility verses the proposed basin wide
dredging. There is no alternative for creation of a facility elsewhere on the campus that
would serve the past and future purposes of the lake. The lack of an alternate site and/or
the non renovation alternative would therefore be less supportive of existing and future
campus development which has been planned with Lake Raleigh as a viable and integral
part of that plan. In 1992 prior to Hurricane Fran, a "Study of Water Quality in Lake
Raleigh" by Joann Burkholder describes the reduced health and water quality functions of

the lake. The report substantiates that to not dredge the facility would mean that it would
continue to have eutrophication problems and generally degrading health.
D. EXISTING ENVIRONMENTAL CHARACTERISTICS OF PROJECT AREA
(1) (2) Topography and Soils
The project area is located in the Raleigh Belt of the Piedmont physiographic province.
According to the USDA Soil Survey for Wake County (Exhibit #8) most of the site falls in
the (We) Wehadkee and (Wke) Wake series. These soils are typical of the region. Slopes
on the site range from 0% to 18% with elevations varying from X66 feet to ±318 feet
MSL. Exceptions to this description are several areas of deposited silt material within the
lakebed. These materials have been deposited in the lakebed via Walnut Creek and North
Creek. The sediments were transported by the streams from agricultural land, commercial
construction, and roadways within the two watersheds. Tests of the material within the
lakebed by Law Engineering & Environmental Service, revealed the existence of no heavy
metals or toxic substances.
(3) Land Use
This project will impact approximately 56 acres of currently drained lakebed located on
Walnut Creek and central to Centennial Campus, south of the existing terminus of Main
Campus Drive. It will also impact several North Creek channels that cut their way through
the lakebed after it was drained. Wetland Jurisdictional Area and 404 waters exist within
the project limits.
The approved Master Plan for the Centennial Campus, the Open Space and Recreation,
and previous environmental documents collectively describe a coherent organization of
land uses within the Centennial Campus. They are consistent with the carrying capacity of
the natural systems throughout the site. The previous lake and its proposed reclamation
are an integral part of the campus well planned and documented future development.
Adjacent land uses consist of undeveloped Centennial Campus land to the east and south,
additional drained lakebed which will not be dredged to the west, and the North Creek
drainage basin and the initial phases of the Centennial Campus to the north. The proposed
project will provide a major point of interest and center focus point for these existing and
proposed sections of the campus.
(4) Wetlands
404 and 401 Jurisdictional Waters of the U. S. within the lakebed and at the haul road
stream crossings will be impacted by the proposed project. Wetlands exist east of the dam
but will not be impacted by the spoil operation. (See Exhibit #6)
2

(5) Prime or Unique Agricultural Lands
The supplement to the 1982 Wake County Soil Survey entitled Important Farmland
indicates no important farmland on or adjacent to this site. Although portions of the
property appear to have been farmed prior to the construction of the initial lake, no farming
activity has occurred within recent years. According to Mr. Phillip Tant of the USDA
(Exhibit #9), there are no unique farmlands in the area. USDA criteria outlines that prime
farmland does not include land already in or committed to urban development or water
storage. Prime farmland `already in' urban development includes all land that has been
designated for commercial or industrial use or residential use that is not intended at the
same time to protect farmland in a 1. Zoning code or ordinance adopted by a state or local
unit of government or 2. A comprehensive land use plan which has expressly been either
adopted or reviewed in its entirety by the unit of local government in whose jurisdiction it
is operative within 10 years preceding the implementation of the project.
(6) Public Lands and Scenic or Recreational, and State Natural Areas
The Centennial Campus property is owned by the State of North Carolina and allocated to
NC State University for management. Neither parkland nor designated or recognized
scenic areas nor any "informal" recreational uses presently exists on the proposed site.
(7) Areas of Archaeological or Historic Value
The survey of Centennial Campus by Thomas H. Hargrove of Archaeological Research
Consultants, Inc. in November 1986 and included in the Environmental Impact Statement
for North Carolina State University Centennial Campus identified no significant discoveries
of archeological or historical value. (Exhibit #10).
(8) Air Quality
Currently, Wake County is in attainment for all criteria pollutants. However, the county is
undergoing evaluation for redesignation for ozone to nonattainment. The proposed site is
within the City of Raleigh limits. Current sources of air emissions in the area are
automobiles and heating boilers, air handling units, and emergency generators from nearby
office buildings, labs, and classrooms. During dry periods dust from adjacent construction
and unimproved roadways also contribute to particulate matter in the air.
(9) Noise Levels
Current noise levels are minimal in and around the project area. Existing noise levels in the
vicinity are largely attributable to automobile traffic on Avent Ferry Road, Capability
3
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Drive, Main Campus Drive, Varsity Drive, and to building construction on the N-2 Cluster
and other nearby Centennial Campus projects.
(10) Water Resources (Surfaces Water and Groundwater)
The proposed project falls within the Lake Raleigh/Walnut Creek Watershed. The
previous lake area and proposed reclaimed lake was and will be once again classified as
WS-III-NB-NSW. It was and will be a valuable natural resource, making it important as a
recreational and visual asset to Centennial Campus.
Through July 1986, Lake Raleigh was classified as a WS-II water supply for the City of
Raleigh. The lake was reclassified to its current status by the North Carolina Division of
Environmental Management, Water Quality Section. This designation allows for
recreational uses, but still provides protection as a water supply. In September 1996,the
lake's dam failed due to the heavy rains and runoff associated with Hurricane Fran and the
lake drained. This project is expected to restore it to its function as a lake again. The
University is committed to a stormwater management system designed to prevent reduction
of the water quality in the restored lake.
According to the Report of Consulting Services Lake Raleigh Sediment Study NCSU
Centennial Campus Raleigh, North Carolina Law Project No. 30720-8-3300, seventeen soil
borings were taken throughout the proposed restoration area. Groundwater was
encountered in all bore holes ranging in depth from a few inches to 2'-3' deep.
Groundwater will be encountered over the majority of the project as the soil is removed.
No significant pattern of ground water depths has been noted in the areas adjacent to the
lake bed where boring for other projects have been performed.
The North Creek drainage way is located north of the project site. It is classified as B
NSW water. The creek is currently the major drainage channel for and provides
stormwater management for the northern half of the Centennial Campus and a part of an
off-campus area. Other surface drainage to the south and west includes the Walnut Creek
Basin, classified as C NSB, and several surface swales, and surface storm drainage
features. None of these secondary drainage features occur in the vicinity of the project.
(11) Forest Resources
N/A
(12) Shellfish or Fish and Their Habitats
Prior to being drained in 1996, Lake Raleigh and its tributaries were habitats for warm
water game fishes typical of the region. No documented population data for fish or other
aquatic animal life was readily available prior to the draining of the lake. However, it is
4
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expected that common species typically encountered in urban lake and lake edge habitat
would be in the project area, as described in the EIS for NCSU Centennial Campus and
"The individual Permit Application for Dredging of Lake Raleigh." The loss of the lake
was also an obvious loss in fish and aquatic habitat. According to the EIS for NCSU
Centennial Campus, there are no threatened or endangered species present on the campus.
(13) Wildlife and Natural Vegetation
According to the National Institute for Urban Wildlife's inventory of the terrestrial ecology
for the Environmental Impact Statement for North Carolina State Centennial Campus,
there are no unique habitat or species and no threatened or endangered species present on
the Centennial Campus site. This documentation was recorded prior to 1996 when the
project area was significantly disrupted by Hurricane Fran's runoff and prior sediment
deposition. Since being drained, no wildlife habitats of significance have been observed
within the project area. Adjacent areas consist of primarily Kudzu and mixed hardwood
and pine forest. Neither protected species nor indicators of such species have been found
on the site or in water features.
E. PREDICTED ENVIRONMENTAL EFFECTS OF PROJECT
(1) Topography
fake bottom topography will be altered by removing accumulated sediments and restoring
the original lake bottom profile.
(2) Soils
N/A
(3) Land Use
Completion of the proposed project will restore Lake Raleigh to a viable facility which will
provide numerous aquatic and wetland habitats for a variety of flora and fauna, protect
water quality, provide flood control, provide light recreational activities, and provide a
pleasing visual center piece for the Centennial Campus.
(4) Wetlands
Access to the project area will be from and through high areas so as not to impact
jurisdictional wetlands, which will not be excavated. An in-depth 404/401 permit
application for the proposed project has been prepared and submitted to the US Corps of
Engineers and NCDNR-DWQ for their review and approval. A copy of the permit
application will be supplied upon request.
w
The Corps of Engineers has indicated in their review of the proposed project t.
dredging would be considered impacts to the old lakebed and not impacts to w\
The impacts to jurisdictional wetlands will be limited to c structed stream cros
necessary for accessing the disposal sites on the north and sout sides of Walnut creek.
0.06 acres. There will be no impacts to the wetlands east of the dam in the vicinity of the
poi areas. ?
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(5) Prime or Unique Agricultura nds •
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N/A
(6) Public Lands and Scenic, Recreational, and State Natural Areas
N/A
(7) Areas of Archeological or Historical Value
N/A
(8) Air Quality
There will be temporary, localized impacts on air quality from dust and exhaust emissions
resulting from clearing, dredging, and hauling operation. Open burning is generally not
permitted on the NCSU Centennial Campus. However, some burning of grasses, which
have developed within the drained lakebed, may be necessary. If approved and undertaken
the smoke from the burning grass would have a temporary impact on air quality. The
completed project is not expected to generate noxious or problematic emissions.
Due to the type and scope of the proposed project, no air quality permit is required.
(9) Noise Levels
Noise levels, which will be generated within and around the proposed project, will not be
objectionable. During the restoration process, noise levels normally associated with
excavation will occur. It is projected that aquatic vehicles utilizing the lake after its
renovation will not create significant noise levels.
(10) Water Resources (Surface Water and Groundwater)
Surface waters impacted during the restoration project will be those existing channels of
Walnut Creek and North Creek within drained lakebed and Walnut Creek and unnamed
6
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tributary where crossed by the temporary haul roads. The renovation
crossings have been designed and phased to minimize work in and aroul
waters. These disturbances and methods to minimize their impact have
detail in the sediment and erosion control plan and 404 permit applicatioi
These documents can be made available for review upon request.
Groundwater will be encountered in removing the spoil from the lakebed. Since little or no
excavation is associated with construction of the spoil placement areas, no groundwater
will be encountered at those sites. Groundwater in the lakebed will be diverted via a series
of excavated channels during the soil removal phase in order to expedite the construction
and minimize equipment/groundwater contact. Impacts to groundwater and surface water
will be minimized, temporary, and limited to the construction phase.
The proposed spoil areas encroa on the floodplain of Walnut Creek. This fillinof the
flood plain could have a downstream impact on the quality and quantity of storm water
flow. The appropriate analysis has been performed and submitted for review. This
-information can be made available upon request.
Existing measures have been incorporated into the Centennial Campus to reduce
stormwater velocities, quantities and suspended solids. The renovated lake will once again
become a quality and velocity control measure. Based on the currently available
information and the existing and proposed improvements, this project will have no
long-term adverse impact on groundwater, surface waters, or the eutrophication of
receiving waters.
The renovation of Lake Raleigh and the spoil areas required for the dredged material will
have minimal effect on the future lake buffer and existing stream buffers at Walnut Creek
and the unnamed tributary to Walnut Creek. The impacted areas will be where minimal
vegetation will be cleared to access the lakebed and to accommodate the two stream
crossings.
(11) Forest Resources
N/A
(12) Shellfish or Fish and Their Habitats
The restoration of Lake Raleigh and renovation of the deposited sediments will reinstate
and improve the habitats that existed prior to its loss during Hurricane Fran.
7
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(13) Wildlife and Natural Vegetation
There will be no significant impacts on wildlife habitat as a result of the Lake Raleigh
restoration project. Those species displaced by refilling the lake will have adequate
amounts of similar habitat to relocate to on Centennial Campus and more specifically
around the edges of the restored lake and in its upper reaches, which will not be disturbed
by the dredging operation.
(14) Introduction of Toxic Substances
No toxic wastes should be associated with this project. No operations should occur which
would generate such wastes within the Limits of this project.
F. MITIGATIVE MEASURES
The University is committed to ensure that the renovation of Lake Raleigh on Centennial
Campus is conducted in accordance with responsible land stewardship, as well as the
recommendations and agreements included in the FEIS, the approved Master Plan, the
Zoning Conditions, and wetland and flood hazard conditions established for the original
lake and its renovation. The following measures are to be employed to mitigate the
possible adverse environmental consequences of this development.
(1) Topography
N/A
(2) Soils
N/A
(3) Land Use
N/A
(4) Wetlands
The impacts to wetlands and waters during and as a result of the proposed project will be
minimal. These impacts and alternatives are represented in detail in the documentation,
which accompanies the 404 permit and 401 water quality certification for the proposed
work. The completed project will restore and improve on many of the wetland functions of
Lake Raleigh, which were lost due to Hurricane Fran. This information is documented in
the individual 404 Permit application for Lake Raleigh and resulting permit. Copies of
these will be made available upon request.
8
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Prime or Unique agricultural Lands
N/A
(6) Public Lands, Scenic and Recreational and State Na
N/A
(7) Areas of Archaeological or Historical Value
N/A
(8) Air Quality
N/A
(9) Noise Levels
N/A
(10) Water Resources (Surface Water and Groundwater)
Detailed dredging, surface water diversion, and sediment and erosion control plans have
been developed for the project. The combined plans provide for a systematic and effective
stormwater control plan to minimize the effects of the work. Once the renovation is
complete, Lake Raleigh will be an effective velocity and quality stormwater control facility
providing significant down stream benefits.
The control of sedimentation and erosion has been outlined on plans submitted to the
NCDENR Division of Land Resources, Land Quality Section for this specific project.
Methods and devices to meet these Plan requirements will be installed and maintained to
provide proper control. Care will be taken to contain sediment and keep it from entering
Walnut Creek and the unnamed tributary. The disturbed area within the lakebed will be
flooded and the spoil areas will be re-seeded and stabilized at the completion of the project.
Copies of the Sediment Control Plan can be made available upon request.
The temporary stream crossing and lakebed access points will be restored and re-vegetated
as noted in the 404 permit and 401 water quality certification permit application and
documentation.
Spoil deposited in the floodolain will be placed and de-watered acct
submitted to NCDENR and the City of Raleigh. Spoil areas will be
9

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construction and heavily vegetated upon completion of the project to prevent accelerated
soil loss. This will maintain water quality in Walnut Creek. Plans and studies provided to
address the quantity impacted by the placement of spoil in the Walnut Creek flood
show no p ace in?e floodwayJ ' lady also shows 1 placed m t e fnnge will
e eve s, if any well within the established FEMA standards.
(11) Forest Resources
Comments received from the North Carolina Wildlife Resources commission for
EA/FONSI 98-0227 have been reviewed in conjunction with the on going stabilization and
planning for the Centennial Campus and will be taken into consideration as future projects
are developed. Where appropriate, species will be selected and planted which will afford
value to wildlife in the short and long term.
Access points to the lakebed, temporary haul roads and spoil areas will be planted and
stabilized to compliment existing vegetation adjacent to these impacted areas. Re-
vegetation of these areas will include seedlings, grasses, mulches and/or seeded ground
covers. Selection of plant material will take into consideration species that might provide
sources of food for songbirds and other wildlife species found on the Centennial Campus.
(12) Shellfish or Fish and Their Habitats
N/A
(13) Wildlife and Natural Vegetation
N/A
(14) Introduction of Toxic Substances
N/A
CONCLUSION AND RECOMENDATIONS
In agreement with the recommendations of the approved Environmental Impact Statement
for NCSU Centennial Campus and this Environmental Assessment, the following
conclusions and recommendations are made:
• NCSU will conduct project in compliance with permit and plans.
• NCSU will take mitigative measures as outlined in this document in agreement with the
EIS, the Phase I Master Plan, Rezoning Conditions and applicable federal, state, and
local statutes and standards.
10

• The restoration of Lake Raleigh on Centennial Campus will not negatively affect the
environment as discussed herein. Any environmental consequences of this project will
be minimal and confined to the construction process. .
• No Environmental Impact Statement is to be prepared for this project. This finding of
No Significant Impact completes the environmental review record for this project,
which is available for inspection at the State Clearing House, NC Department of
Administration.
• The summary of this EA/FONSI shall be published in the Environmental Bulletin.
11
G. REFERENCES
"A Study of Water Quality in Lake Raleigh," Joann Burkholder, 1992
Environmental Assessment and Findings of No Significant Impact, "Building B, Parking
Structure Expansion, and Extension of the Access Drive to the Future Varsity Drive
Extension," May 1998.
Environmental Assessment and Finding of no Significant Impact, "Mass Grading, Building I,
Parking Structure, and ± 800 Feet of Main Campus Drive," September 1997.
Federal Emergency Management Agency, "Flood Insurance Study for the City of Raleigh,
North Carolina, Wake County," Revised February 1, 1985.
FEIS, NCSU Centennial Campus, City of Raleigh, Wake County, North Carolina, September
1987.
"Important Farmland", Supplement to the 1982 Wake County Soil Survey.
"Individual Permit Application for Dredging of Lake Raleigh", Barrett Kays & Associates,
P.A., December 31, 1998
NCSU 1995 Plan Update, Design Team: Carley Hines, Inc., Land Design, Inc., McEnvoy
Engineering Services, Inc., Arthur Erickson Architects.
Report of Consulting Services Lake Raleigh Sediment Study NCSU Centennial Campus
Raleigh, North Carolina Law Project No. 30720-8-3300, Law Engineering and Environmental
Services, Inc., December 8,1998
US Soil Conservation Service, "Soil Survey, Wake County, North Carolina," November1970
12
H. EXHIBITS
1. Vicinity Map
2. Location Map
3. Area to Be Affected By Project
4. Lake Raleigh Wetlands Map
5. Wetland Delineation Maps
6. Wetland and approved Spoil Areas East of the Dam Map
7. Existing Habitatas Map
8. Soil Map
9. USDA Letter regarding Prime or Unique Agricultural Lands
10. NC Department of Cultural Resources Letter
NCSU Centennial Campus
Lake Raleigh Dredging / Renovation
Vicinity Map Exhibit 1
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NCSU Centennial Campus
Lake Raleigh Dredging / Renovation
Location Map Exhibit 2
N?SU Centennial Campus
Lake Raleigh Dredging / Renovation
Area To Be Affected By Project
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Dredge Area
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NCSU Centennial Campus
Lake Raleigh Dredging / Renovation
Lake Ralei h Wetlands Map Exhibit 4
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ray -iww. r+n`\%` - See Exhibit 95, for wetlands within
drained lakebed
See Exhibit #6
For wetlands'
east of dam
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SYMBOL LEGEND r.. .?a;
O ACOE Jurisdiction Wetlands (Surveyed)
® Streams (Surveyed) Wetlands (Unsurveyed) !~?'
- Ponds i Streams (Unsurveyed) Existing On Property w E
Lake Raleigh (Surveyed)
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PURPOSE: TO RESTORE LAKE RALEIGH WETLANDS PROPOSED, DREDGING
THE HISTORIC PROJECT
FUNCTIONS AND VAL(JES
OF LAKE RALEIGH. t?o0 600 I Cet IN. WALNUT CREEK, RALEIGH
AT: LAKE RALEIGH
NC STATE PLANE, NAD 1983 1" = 600' COUNTY 01=: WAKE STATE: NC
NCSU APPLICATION BY NCSU
Barrett Ka ys & CENTENNIAL CAMPUS
Associates, 1'.A. RALEIGH. NC _ MAP a OF 13 DATE: 12-31-99
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LINE TABLE
LINE LENGTH BEARING
Lt 22.69 N80'32'50"E L101 26.12 N24'43'50"W OQ
Q
L2 71.27 S45'06'1 YE 1102 23.47 N51'04'18"W p
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L3 67.63 S59'26'47"E L103 27.44 N46'02'59"W Q?
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L4 57.20 S21-22'02'c L104 12.82 N51'53'08"W Q
L5
IA 33.08
?I RO S45'57.07"E
C1Q-1-!Y -F L105
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11 ., , N68.49'23_W
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NOTES:
1. WETLAND DELINEATION BY BARRETT KAYS & ASSOCIA'
2. WETLAND ACREAGE DOES NOT INCLUDE LAKE RALEIGH
3. BEARINGS AND COORDINATES SHOWN HEREON ARE NC
4. ALL DISTANCES ARE GROUND
3 WETLAND AREA "A"
498,815.08 SQ.FT.
11.45 ACRES
N
JOINS SHEET G
Exhibit 5

SURVEYORS CERTIFICA11ON
ES I, Gregory N. Jones, hereby certify that
_ this map was prepared under my supervision
S GRID from on actual field survey and that to TOTAL WETLAND ARE
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the best of my knowledge and belief it is 664,713.15 SQ.FT.
':,correct In Its representation of the existing 15.26 ACRES
_ si te
conditions.
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J L7 63.99 S-S9'41'15"E L107 40.99 N36'10'00"W
L8 82.76 S0926'49"W L108 42.64 N001718"W
L9 60.63 S09'27'07"W L109 42.10 N0658'35"W
L10 85.11 S09-19.29"W
L110
17.11
N2116'39"E
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L11 74.39 S59'43'56"E L111 17.71 N26'28'46"W
L12 56.36 S39'08'36"E L112 40.32 N65'25'11'E ^ti1
L13 60.76 S2416'20"W L113 28.62 N36'38'28"E J
L14 121.73 S72'49'38"W L114 32.32 N251740"E
L15 46.00 N4552'24"W L115 42.18 N65'55'15"E `,
L16
L17 28.83 S82753'56`W
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' Li 16 54.35 N76100'30"E ?S9
21.70 S89
55
52"W L117 9.75 S83 27'38'E
L18 22.32 S73103'31 "W 1.1 18 39.18 N6422'12'E c?

L19
57.38
N6636'S4"W
L119
57.91
N70 58'S1 "E
`5
X42
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L20 48.53 538'18'03"W
L120
19.54
N64 34'50"E X41
L21 43.25 S69'28'25'W L121 26.69 N45'0705"E
I L22 70.97 589'42'03"W L122 31.83 N6656'07"E
j L23 37.25 N67'48'18"W L123 29.48 N73104'58"E
L24 81.74 N37'51'26'E L124 34.50 N53'1918"E
L25 51.91 N04'41'46"W L125 37.01 N73'34'50"E

L26
19.69
N02'59'31"W
L126
15.16
N79-44.16-C L201 29.84 S64'37'35
L27 53.18
N21'43'19'E
L727
9.78
N42 08'55"w X02 39.97 52830'26
L28 38.40 S67'08'35"W L128 43.99 S77'01'41'W L203 44.23 55927'50
L29 41.18 S6429'OS"W
1129
10.54
N6230'29"W L204 57.92 S72'41'32'
130 32.57
S5419'56"W
L130
28.26
539'50'02"W L205 62.56 S75'58'16'
L31 33.77 S58 31'59'W L131 5.87 S40'49'58"W L20 70
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21'
L32 41.87 S8534'00"W L132 24.14 ' S65'39'22"W 7
1207 44.80 S6 5 5.1,*
'S400'
133 40.75 S54'01'11'W L133 35.66 S70'35'25"W L208 40'89 S15'42'S2'
L34 36.73 S75'52'29"W
L134
48.87
S49'40'12"W L209

L35
29.53
S89 33'13"W
L135
32.57
S7226'23"W L210 21.27 56739'12'
L36 21.04 N76'40'35"W L136 30.44 S6815'18"W L211 69.17 N15'04'02'
L37 45.20 N08b5'34"W L137 30.67 S74'44'11'W L212 23.26 N2325'24'
L.38 39.95 N4319'06'E L138 10.84 N84'4714"W L21 64.31 S75'06'42'
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L39 0.85 S751 1'04'E 1139 54.74 S85'01'00"W 4
L2t 44.72 S1926
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L40 47.76 S5319'10"E L140 20.73 56813'17"W L215 73.36 N0111'21"
L41 16.44 N72 58'29"E L141 27,28 S47"21'S1'W L216 50.92 S31'51'36'
142 18.05 N36'5525"E
L742
37.78
S18'46'33'W L217 52.57 S37'37'36'

L43
47.79
N43 24'25"E
L143
37.97
S5457'06"W L218 70.68 S5351'08'

L44
32.40
N50'1 8'05"E
L144
25.29
S7921'04'W L219 115.47 S4313'43'
'
'
L45 59.93 N72'3754"E L145 51.36 S04'44'08"W L220 35.20 S46'04
25
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L46
10.03
N47'20'52"E
L146
47.16
S05'41'50'E L221 52.69 N76107
23'
L47 67.08
N5522'S4'E
L 147
37.15
SOS'01'07'E L222 76.33 S63 02'14'
L48 11.81 N6555'44"E L148 3622 S25'39'46'E L223 62.57 S33'0745'
'
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L49 14.40 N8253'52"E L149 104.34 S8851'11 "W L224 83.13 S3414
17
L50 44.05 N67 07'07"E
1150
17.92
507'28'35"W 1225 76.55 S55'39'43'
'
'
L51 16.52 S73'45'29"E L151 13.94 S63'59'06"W L226 50.27 528'41
41
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L52 15.97 S5417 39"W L152 6.76 S82'34'24"W 1227 112.96 S3952'22
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L53 4.36 S48'37'00"w Li 53 4.12 S08'08'07"W L228 7.54 S53'08
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L54 20.10 S33'55'53"W L154 5.16 S1 623'59'W L229 100.84 N42'53
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155 24.93 585107'16"W L155 5.83 S3653'16"W 1230 58.29 N3751
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L56 49.94 S09'41'49'E L156 6.25 S27'46'26"W L231 143.04 S42'02
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L57 1.46 S11'S5'19'W L157 6.71 S10'20'32"E L-232 152.54 S67'17
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L58
58.42
S463747"E
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30,36
S55'29'33"W L233 94.00 N64'14
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L59
51.29
N31'47'11"W
L159
14.15
545'50'46"W L234 50.52 N88
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L60
46.75
N1215'38"E
L160
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S19'42'27"W 1235 57.29 N4550
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WETLAND AREA "6"
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Exhibit 51
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L62 34.43 N8579'S9"E L162 27.60 S75'07'37"E L237 . N7456'S0
L63 27.95 N88'18'34"E L163 20.12 N68'16'49"E L238 51
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L64 1.63 S79'31'47"E L164 17.74 N70'08'20"E L2 57.14 S71'S1'05
1 L65 0.99 N14 50'22"W L165 62.79 S48'35'36"E 40
X40 37.16 N01'S3'12
J L66 1.31 N01'S8'24"w L166 29.75 N86'S0'09"E L241 40.55 N63'18'19"
L67 33.66 N1 1'13'29'W L1657 41.55 N76'47'22"E 242 N7124'25
L68 31.06 N24'12'37"W L168 24.93 N46-17.03"E L243
L 115.8 15.8
0 N51.43'35
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J L69 8.43 N3154'18'E L169 15.01 S59'16'28"E L244 26'86 57555'23
L70 18.09 N4335'33"W L170 18.36 S53'34'41'E L245 99.06 N39'18'06
L71 13.11 N2258'48"W L171 69.44 S66'32'44'E L246 66.40 N34'S1'47
L72
L73 2.79
28.93 N0934'25"W
Nb3'46'27"E L172 41.40 S57'15'S3'E L248 L248 25 43 .68 .29 N3Yl9' 2
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L173 14.07 S59'S3'03"E W-
L74 14.39 N37'02'23"E Ll74 5339 537.21.21"E L249 45. t
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L75 5.20 S6227'32'E L175 15.34 S28-32.56"E L250 91
40.91 _ S60'36'24*
L76 10.06 S56*02'10'E L176 4.69 S57'S3'22"E L251 39.12 N81'14'12"
L77 33.36 S21'17'48' E.
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L177
20.37
529 23'42'E L252
2 .83 N0835'25

L78
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L79 39.18 N6533'07"E "L179 7.92 S89'47'22"W 4
L254 48.75 3 3
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L80 45.54 N10'19'30"W Lj? 58.47 N7755'44"W L2S5 24.14 N37'09'14
L81 1.14 N2451'47"W L181'% 23.01 S8928'1l'W L256 30.43 N52U9'09
L82 17.41 N38'44'S5"W L182 17.20 N39 04'24"W L257 65
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L83 36.54 N31 '06'03"W L183 27.35 N84'23
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L185
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L86
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L186
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L87
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L187

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L188
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L89 22.20 52357'17"E L189 1,48 S41'42'S6"W L264 36.35 N4317'S3 =
L90 10.85 N7531'18'E L190 18.57 S57'03'36"W L265 38.04 N37'33'12 fTl
L91 29.32 56127'13'E
L191
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L92 22.05 N09'18'35"W L192 6.28 567'44'06"W L267 11.98 N13'S5
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L93 12.44 N0455'S7"E
L193
19.09
N8635'35"W L268 34.66 N76'40'35 r-

L94
16.03
N34'S8'21"W
L194
11.56
S70*03'1I'W L269 35.07 N25'46'38

L95
45.40
N21'S1'37"W
L195
78.78
N8053'44"W L270 36.35 N53'31'13"
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L96
46.41
N10'01'S2'W
L196
149.19
S41*12'S6"E L271 57.61 N10'22
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L97
31.60
N5024'16"W
L197
54.26
N77'40'38"E L272 9.52 N03'05'16

L98
28.56
N4321'45"W
L198
50.06
N85'02'16'E L273 26.31 N28'S0'10

L99
15.16
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L199
32.55
N56'06'12'E L274 32.94 N22'31'38
L1 00 15
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N35'35'46"E L275 42.13 S89'02'42"
L276 31.59 S04'46'51
# REVISIONS
DATE
J 1 AREA "A" REVISED PER BARRETT KAYS
1
0 0 DEC
98
2 LAKE BOUNDARY REVISED PER BARRETT KAYS 1
DEC 98
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L278 59.79 N79'29'02"W
L279 22.82 N53'40'21 "W
L280 68.08 N6155.26-W
L281 2.24 N4810'27"W
L282 4.04 N4611'52"W
L283 46.19 N36 47'08"W
L284 39.47 N41'25'29'W
L285 22.02 N37*&27"W
L286 18.04 N54 32'56"W
L287 52.28 N48'29.05"W
L288 9.11 N572512'W
L289 63.24 N5271'13"W
L290 44.52 N56*09'37"W
L291 49.00 N59'23'26"W
L292 20.70 N89'S6'47"E
L293 13.05 N53'21'45"E
L294 28.18 N8714'39"E
L295 29.24 S74'06'42'E
L296 25.28 S17'0519'E
L297 21.43 584'52'18"W
L298 29.07 N8517'02'W
L299 35.97 S06'41'49"W
L300 53.92 N40'52'19'W
L301 18.20 N 1611'34"W
L302 32.51 N1773636'W
L303 24.14 N01'2r54"W
L304 25.89 N4414'59"E
L305 34.82 N0516'42'E
L306 28.47 N54*51'11"E
L307 13.91 Si 1'4237"E
L308 22.65 S17'39'57"W
L309 94.42 S18'33'03'W
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BALLENTINE
ASSOCIATES, P".A.
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(919) 929 - 0481 (919) 489 - 4789
Exhibit 5
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WETLAND A
CONTINUE F
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DATE
DENOTES LAKE AREA
DENOTES VICTLAND AREA
WETLAND LO
LAKE R
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REAS C & D NJ WETLAND" AREA "D"
ST THE SCOPE 2286.66 SQ.FT.
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PLAT 0.05 ACRES
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This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction
of Section 404 of the Clean Water Act as determined by the undersigned on this date.
Unless there is a change in the law or our published regulations, this determination of
Section 404 jurisdiction may be relied upon for a period not to exceed five years from this
date. This determination was made utilizing the 1987 Corps of Engineers Wetlands
Delineation Manual.
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TITLE
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SCALE: 1" = 100'
A T I IIN S AT DATE: 4 DEC 98
JOB #: 19809.10
LEIGH DRAWN BY: C.A.W.
REVIEWED BY: G.N.J.
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GRAPHIC SCALE
0 So 100 200
( IN FEET )
1 inch = 100 ft.

!00
SU CENTENNIAL CAMPUS
LAKE RALEIGH
RALEIGH, NORTH CAROLINA
SHEET #:
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NCSU Centennial Campus
Lake Raleigh Dredging / Renovation
Existing Habitats Map Exhibit 7
PROJECT SITE
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Habitat Approx. Acres Habitat Approx. Acres
A. Piparlan 74 E. Oldfield 135
8. Open Water 55 F. Pine Plantation 139
C. Marsh' 11 G. Mixed Pine d Hardwoods 151
0. Abandoned Cultivated Field 382 H. Hardwoods 35
Map of Existing Habitats
NCSU Centennial Campus
Lake Raleigh Dredging / Renovation
Soils Map Exhibit 8
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UMTEO STATES OUAATYENT OF AOAICUMAE
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USDA Exhibit #9
United States
Department of
Agriculture
March 4, 1999
Natural
Resources
Conservation
Service To: Ms. Julie T. Sherk
Little & Little
4405 Bland Rd.
Suite 205 PO Box 1448
Raleigh, NC 27609 Raleigh, North Carolina 27602
[phone]
Dear Ms. Sherk
The following information is in response to your letter of 03/02/99 asking for information
on prime or unique agricultural lands for Lake Raleigh at Centennial Campus
Environmental Assessment.
There are no unique lands in the area. Prime farmland does not include land already in or
committed to urban development or water storage. Prime farmland "already in" urban
development includes all land that has been designated for commercial or industrial use
or residential use that is not intended at the same time to protect farmland in a
1. zoning code or ordinance adopted by a state or local unit of government or
2. a comprehensive land use plan which has expressly been either adopted or reviewed
in its entirety by the unit of local government in whose jurisdiction it is operative
within 10 years preceding the implementation of the project.
If the area in question meets the above criteria, you will not need to complete a Farmland
Conversion Impact Rating form.
If you have any questions please feel free to call me at 919-873-2138.

Phillip L. Tant
Resource Inventory Specialist/Soil Data Quality Specialist
L11=N
MAR 8 1999
U TLE & LITTLE
The Natural Resources Conservation Service works hand-in-hand with the
American people to conserve natural resources on private land AN EQUAL OPPORTUNITY EMPLOYER
Exhibit #10
dNt ST/Vt' o?
4a
s
?. s
North Carolina Department of Cultural Resources
James B. Hunt Jr., Governor
Betty Ray McCain, Secretary
March 4, 1999
Julie T. Sherk
Little & Little
P.O. Box 1448
Raleigh NC 27602
Re: Lake Raleigh at Centennial Campus, Raleigh, Wake
County, ER 99-8199
Dear Ms. Sherk:
Thank you for your letter of March 2, 1999, concerning the above project.
Division of Archives and History
Jeffrey J. Crow, Director
We have conducted a review of the project and are aware of no properties of architectural,
historic, or archaeological significance which would be affected by the project. Therefore,
we have no comment on the project as currently proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation
Act and the Advisory Council on Historic Preservation's Regulations for Compliance with
Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the
above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at
919/733-4763.
Sincerely, ,
David Brook
Deputy State Historic Preservation Officer
DB:slw
104n
I. STATE AND FEDERAL PERMITS REQUIRED
1. US Corps of Engineer 404 Individual Permit
2. DEM 401 Water Quality Certification
3. City of Raleigh Permit for Floodplain Regulation Purposes
4. Soil and Erosion Control Plan Approval and Grading Permit
5. NPDES Permit
14

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
X6; IVX6
IN REPLY REFER TO April 19, 1999
Regulatory Division
SUBJECT: Action ID 199820328
Mr. Michael Harwood
North Carolina State University
Facilities Planning and Design
Primrose Hall
Campus Box 7216
Raleigh, North Carolina 27695-7216
Dear Mr. Harwood:
On December 21, 1998, you applied for Department of the Army
authorization to conduct excavation within Lake Raleigh, an
impoundment to Walnut Creek, to clean out sediment deposits and
restore original contour to the lake bottom, at Centennial
Campus, North Carolina state university, in Raleigh, Wake County,
North Carolina
After review of your proposal, the U.S. Fish and Wildlife
Service and the North Carolina Wildlife Resources Commission
submitted comments by letter dated March 11, 1999, and memoranda
dated February 19, 1998, respectively. I have enclosed copies of
these comments for your information and response. The primary
concerns identified by these agencies are associated with the-
anticipated adverse impacts of your proposed disposal of
excavated material into the floodplain adjacent to Walnut Creek.
To provide for our continued processing of your application
in a timely manner, the following information must be submitted:
1. What alternative locations have been investigated for the
disposal of the sediments proposed to be removed from the lake
bottom? Why was the currently proposed location chosen over
other alternatives not located in the floodplain?
2. What methods will be used to ensure that this material wi
not erode during high flows in Walnut Creek an
tributaries adjacent to the disposal site? Wh0t ii ,
jr 2 1999 .
A 1
flood storage for 100-year and 500-year events that will be
displaced as a result of the fill proposed to be placed in the
floodplain? Has the City of Raleigh issued a permit authorizing
the placement of fill in the floodplain associated with this
project, and, if so, does it require any specific conditions such
as reevaluating the FEMA flood study?
3. A survey of the disposal areas and the wetlands adjacent to
the disposal areas must be provided. If it is determined that
jurisdictional waters or wetlands will be impacted by the
proposed disposal area as a result of fill or temporary access
roads, a revised permit application must be submitted that
accounts for these impacts and includes a mitigation proposal.
Your assistance in addressing these concerns is greatly
appreciated. Also, any other information you have regarding the
issues raised in the enclosed memoranda and letter would be
helpful. Your response should be submitted on or before
May 19, 1999.
Mr. Todd Tugwell of my Raleigh Field Office staff is
responsible for processing your application. Should you have
questions, please contact him at telephone [phone],
extension 26.
Sincerely,
S. Kenneth Jolly
Manager, Raleigh Regulatory
Field Office
Enclosures
2
M 1 9
Copy Furnished (with enclosures):
Mr. Scott Lindenberger
Barrett Kays and Associates
Post Office Box 2979
Raleigh, North Carolina 27602-2979
Mr. John Hefner
United States Fish and Wildlife
Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Owen Anderson
North Carolina Wildlife Resources
Commission
512 North Salisbury Street
Raleigh, North Carolina 27604-1188
Mr. Mike Johnson
City of Raleigh
Post Office Box 590
Raleigh, North Carolina 27602-0590
Mr. John Dorney
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27626-0535
3
M 1 r\ A
i 1
United States Department of the Interior 1
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Boz 33726
copy Raleigh, North Carolina 27636.3726
March 11, 1999 RECEIVED MAR 1:519N
Colonel Terry R. Youngbluth
District Engineer, Wilmington District
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Attention: Mr. Todd Tugwell
Dear Colonel Youngbluth:
The U.S. Fish and Wildlife Service (Service) has reviewed Action I.D. No. 199920328. The
applicant, North Carolina State University, proposes to excavate Lake Raleigh, a sediment and
stormwater detention basin associated with their Centennial Campus expansion, and place the
resulting 158,000 cubic yards of sediments in the floodplain of Walnut Creek, in the Neuse
River watershed.
This is the report of the Service submitted pursuant to, and in accordance with, provisions of the
Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the
Endangered Species Act of 1973 (87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.). As we
noted on February 19, we were unable to provide comments within thirty days of publication of
the Public Notice. We appreciate this extension.
From the perspective of fish and wildlife resources, the excavation of the sediment and
stormwater detention pond called Lake Raleigh would have no significant adverse impacts but
for the plans to dispose of the excavated material in the Walnut Creek floodplain. That aspect of
the proposal has the hydrologic and biologic effect of allowing sediments from the Centennial
Campus site to bypass the pond and directly reduce the size and capacity of the stream's
floodplain, degrading the associated habitat. The disposal site is apparently a nonjurisdictional
upland area, but for the jurisdictional excavation, no loss of floodplain habitat and function
would occur. We recommend the proposal be modified so that the excavated material is placed
outside the floodprone area of any waterway.
Walnut Creek is an urban watershed, and habitat degradation attributable to the already
dysfunctional floodplains has been documented. Significantly, repeated property damage
attributable to out of bank flooding in the Walnut Creek floodplain is well documented. It is
rumored that one vehicle washed away during flooding in September, 1996, has never been
found. We have coordinated with emergency management officials and the District Engineer in
r I •
response to culvert and channelization proposals in downstream areas within'the last year.
Considerable federal and state expenditures. have been made to compensate for damaged,
destroyed, and lost property as a result of the altered hydrograph and floodplain
mismanagement. The subject proposal would decrease the capacity of the floodprone area and is
likely to increase flooding and property losses in the future. Based on our knowledge of the
system and of conditions in nearby Crabtree Creek, which experienced piecemeal losses of
habitat and integrity similar to the proposals we are seeing on Walnut Creek, we believe the
proposed activities would constitute irreversible and significant individual and cumulative
adverse impacts to the aquatic and terrestrial resources dependant on the Walnut Creek
ecosystem.
4
From the perspective of fish and wildlife resources, it is desirable to avoid a repeat of the
piecemeal loss of biologic, chemical, and physical integrity which occurred in Crabtree Creek.
However, avoidance of that fate in Walnut Creek will require Raleigh and riparian property
owners to make full use of the avoidance and minimization sequence described in the 1990
Memorandum between the Corps and the EPA. Again, although the adverse impacts apparently
occur in nonjurisdictional habitat, we believe the relatively innocuous excavation proposal
should be modified to protect the floodprone area from the cumulative impacts of such fills.
The placement of sediments in the floodprone area of Walnut Creek compromises the flood
response capacity of the drainage, altering the system's hydrograph. The altered hydrograph
changes the microhabitat conditions directly, through velocities and eddies, and indirectly,
through scour, bank destabilization, and altered substrate. Further, it is likely that fill material
will erode during rain and flood events. This sediment will further destabilize the stream
channel and hydrograph. Upland, wetland, and in-channel habitat will be lost as a result.
Sediment deposition may conceivably degrade spawning and nursery habitat for freshwater
mussels, invertebrates such as crayfish, and diadromous fish such as American eel, striped bass,
and river herring. Fish and wildlife resources such as migratory songbirds and insects will be
adversely affected by siltation across the floodprone area and the resultant loss of leaf duff and
vegetation.
We strongly encourage the applicant and the District Engineer to use this opportunity to
reconsider the ongoing degradation of Walnut Creek's integrity, and to work with us and with
other partners to initiate development trends that are protective of the ecosystem. Protecting the
biological, chemical, and physical integrity of waterways is a demonstrably sound non-structural
means of protecting human life and property as well.
Sincerely,
r ohn M. Hefn r
Ecological Services Supervisor
2

.J
-' North Carolina Wildlife Resources Comrni.ssionU
312 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Parker
Inland 404 Coordinator ?0'
FROM: Owen F. Anderson, ont Region Coordinator
Habitat Conservation Program
DATE: February 19, 1999
SUBJECT: Public Notice for North Carolina State University, Excavation within Lake Raleigh, Wake
County, North Carolina, Walnut Creek. Neuse River Basin, Action ID No. 199920328
Staff biologists with the North Carolina Wildlife Resources Commission have reviewed the subject
application for impacts to fish and wildlife habitat. We are familiar with the project site. Our comments are
provided in accordance with certain provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended, 16 U.S.C. 661 et seq.) and section 404(b) of the Clean Water Act of 1977 (as amended).
The applicant is requesting to remove approximately 158,000 cubic yards of sediment from Lake
Raleigh. Approximately, 1-4 feet of sediment will be removed over 56 acres to restore the contours of the
original lake bottom. Tile public notice states that a portion of this dredged material will be placed in upland
floodplain areas immediately downstream of tile. lake.
Lake Raleigh functions to treat stormwater from upstream areas, including the NCSU campus:
therefore, Lake Raleigh will help prevent further degradation of water quality in downstream reaches. We
support the concept of restoration of Lake Raleigh and the removal of accumulated sediments.
Areas along Walnut Creek within the Raleigh area are experiencing problems with flooding. Recently,
%ve reviewed projects involving expenditure of federal money to alleviate flooding problems in the Walnut
Creek watershed downstream of this site. We arc concerned this project may exacerbate flooding in these.
downstream areas. if fill is placed within the 100-year floodplain.. We believe this project as.proposed is
contrary to the 'intent of Executive Order 11988.
Our agenc%. can support this project if it is modified, however, we cannot concur with a project that
involves depositing dredge materials within a I00-year floodplain area.
Thank you for the opportunity to provide input during the review process. If we can be of further
assistance, please contact our office at [phone].
cc: ToddTugwell, Raleigh Office Corps of Engineers
John Hefner,. Supervising *Biologist, USFWS
John Dorney, Wetland Scientist, Division of Water Quality
;. CITY OF RALEIGH
INSPECTIONS DEPARTMENT
.e/Ti
3n No
I99 1i. 36 PERMIT #: 12940 LD
LL.' J. L S
PERMIT FOR F'LOODPLAIN REGULATION PURPOSES
ADDRESS 205 HILLSBOROUGH ST PRL?.JECT TYPE
SUBDIVISION LLK LOT PRID # 95053
P-GPERTY OWNER STATE OF NORTH CAROLINA CITY LIMITS IN
ADDRESS NORTH CAROLINA STATE UNIVERSIT TRACT SIZE 511.00
PLANS PREPARED BY ZONING 1 30
ADDRESS 2
4 3
CONTRACTOR NAME TR I-STATE CONSULTANTS INC CON T NO. =7394
ADDRESS PO BOX 5402
GREENSBORO NC c^ 435
TEL A K
000 000 00?.:O
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';CTIVETY: FLOODPLAIN -
R.0 P. ELLEVA 7 ION .1 FEET F,=MA Y=3
FOOD STUDY ? 4
_i MENTS FLAG FLOODWAY
_. 06/07/99 CASHIER: JML INITIAL:
UNT COLLECTED
PERMIT
S34. 00
_T40 LD
*PLEASE REFER TO CRITICAL NOTES ON THE OPPOSITE SIDE OF THIS SHEET
222 W. HARGETT STREET • P.O. BOX 590 • RALEIGH, NORTH CAROLINA 27602
. J w F-CITY OF RALEIGH/INSPECTION DATA
Approvals shall be obtained through each phase of applicable INSPECTION REQUEST. The contractor performing the work must call for all Inspections.
Inspections. prior tosubsequent work innext phase. Inspections Requests for inspections must be made by 4:00pm the business day prior to the day of the requested
will be made as soon as practical, however work shall not progress inspection. To request an inspection, telephone [phone]. Inspections Department approved
or be covered until the applicable inspection has been approved plans including a site/plot plan must be on the project site before work can be inspected. To request
and card signed. a driveway Inspection, contact Central Engineering Department at 690-3030.
TYPE OF
PRIORITY,
FREE STANDING SIGN FOOTING INSPECTION REJECTED (DATE) INSPECTION
a a ' OFFICE HOURS
General Olfice
8:00.5:15

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SIGN Field Inspectors
ACCESSORY STRUCTURE 8:05.8:30
4U0.4:45
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LANDSCAPING 890.3500
SWIMMING POOL PBrmif5890-3450
OTHER
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89D-3453
SITE (Grack4 tormwater) Inspection Request
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SEPTIC TANK PROJECT
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BUILDING
This card must be kept
GENERAL
PLUMBING .
posted In a building card enclosure or
MECHANICAL. construction trailer located in front of the
ELECTRICAL construction site until the Inspection De-

ZONING
ZONING partment approves all phases of the

ith the
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project. All work must con
h and the laws
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?- GAS PIPING (MECHANICAL) lawful 10 occupy or to permit the Occu-
FIRE PROTECTION (SPRK/STD PIPE) pancy of a building for which a Cenili-

FLOOD
FLOOD cate of Occupancy has not been issued.
SFIEO N.C.G.S. 160A-423.
BUILT
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Requirements For Permit Holders
Permission is granted to the permit holder to perform the work as described herein.
No changes or deviations are permitted without prior approval of the Inspections
Department. All work must conform with City, State and Federal laws and
regulations for the use of the building and for the construction thereof for which this
permit is granted.
2. A set of construction drawings must be kept on the project site at all times until the
Certificate of Occupancy has been issued. These documents are the property of the
Inspections Department and are for the exclusive use of Inspections personnel.
3. The Inspection Card issued with this permit must be posted on the site in an approved
manner untii a Certificate of Occupancy has beer, issued. Approval for each
inspection will be noted on this cars.
4. All permit holders are required to call for inspections (see list of needed inspections
attached to each permit), to give Inspectors free access for making inspections, and to
obtain approval of work before beginning subsequent work.
5. It is unlawful to occupy or to permit occupancy of a building or part thereof until a
Certificate of Occupancy has been issued by the Inspections Department. Water and
electricity will not be supplied until the certificate has been issued; existing or
conditional utility services may be disconnected if the building is occupied before a
certificate has been issued.
6. This permit will expire six months after the date of issuance if the work authorized has
not begun. If wort: has begun and then is discontinued for a period of twelve (12)
months no inspections are requested), the permit will immediateiy expire and a new
permit must be obtained to continue work.
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
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 5, 2003
Honorable Bruce Rose
Mayor - City of Wilson
112 N. Goldsboro St.
P.O. Box 10
Wilson, NC 27894-0010
Dear Mr. Rose:
RE: Recent issues concerning the clean-out of streams in Wilson, NC
Recently, Secretary Ross asked me to investigate and respond to a concern that you had expressed
through Representative Tolson regarding the permitting restrictions on cleaning out streams in the City. of Wilson
in order to reduce flooding. The purpose of this letter is to followup on our phone conversation of August 21,
2003 and keep you informed of our ongoing interest in working with the City of Wilson to address these issues.
As you know, a 404 Permit and corresponding 401 Water Quality Certification were issued several years
ago to allow a reconfiguration of Little Hominy Swamp creek through the City of Wilson. The basic idea behind
that permit was to reshape the stream to allow it to carry higher storm flow. Unfortunately, that Permit expired
before the work was done. Since then, the NC Environmental Management Commission passed the Neuse
River Riparian Buffer rules to more stringently control activities which affect stream channels and their buffers in
the Neuse basin in order to prevent the addition of more nutrients into the Neuse River and its, tributaries. The.
previously approved plan would not be able to receive approval with these rules except in the, context of. a Major
Variance from the Neuse River Riparian rules. However, we have been actively working with(Leo Green, Jr. to
develop a different, more comprehensive conceptual approach which should relieve the flooding issues and
should be permittable under the Neuse River Riparian buffer rules as well as the 404 Permit from the US Army
Corps of Engineers.
On January 31, 2003, Bob Zarzecki and I visited the Little Hominy Swamp watershed with Leo Green and
developed a conceptual approach to comprehensively address the issues of flooding, streambank erosion and
water quality in the basin. This approach is similar to what is being done by several other municipalities across
the state, notably the City of Charlotte in the Edwards Branch Watershed. This approach would also result in
credits for compensatory stream mitigation that could help provide some of the funding to implement this plan.
The conceptual plan would install off-line storage in the forms of ponds and wetlands at undeveloped locations
along the stream in order to retain the flood waters before they reach downstream developed areas. Relocated
channels would be provided where feasible in order to restore natural stream design, install flood storage and
create stable streambanks. Some work on existing stormwater pipes would 'be needed to be certain that they do
not cause further downstream bank instability. Several existing road crossings would need to be upgraded since
their pipes are undersized and result in flooding behind the roads. Finally, it is important that the City of Wilson
require on-site retention of water for new development in the watershed (notably along Nash Street and Airport
Road) since this presently uncontrolled development will only make flooding matters worse in the watershed
unless the new runoff is retained on-site.
As a first step in that plan, Mr. Green discussed plans to upgrade the culverts under the road at Ridge Road
with DWQ staff on July 22nd. DWQ staff have determined that these plans are exempt from the Buffer rules and
401 Certification Program. Mr. Green has subsequently confirmed with the Corps of Engineers that Nationwide
Permit 3 (maintenance) could be used for this project and that the Corps had no objection to the plan.
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetiands)
Customer Service #: 1-877-623-6748
understanding is that the City has recently taken bids for this work. Once awarded, the work can begin.
Mr. Green has also informed me that he is nearing completion on the conceptual plan for the more
comprehensive solution for the Little Hominy Swamp watershed. Once we receive that plan, we will set up a
meeting with the US Army Corps of Engineers, the US Environmental Protection Agency and City of Wilson staff
to begin to work on the permitting details for this approach. In this manner, I believe that we can work together
to develop a plan which will address the flooding and streambank erosion issues in the watershed and also
provide water quality benefits.
I can be reached at 919-733-9646 if you have any questions.
Cc:
Bill Ross, DENR
Alan Klimek, DWQ
Coleen Sullins, DVVQ
Leo Green, Jr.; Green Engineering
Anita Watkins;
Bob Zarzecki
Jean Manuele, US Army Corps of Engineers
Kathy Matthews, US Environmental Protection Agency
File copy
Central files
' r I
cam/

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(fI

ZA<PY,
I'D
- ------ - ------- -

1

STATE OF, NORTH CAROLINA
DEPAI?tTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
Division of Environmental Health
Public Water Supply Section
Michael F. Easley, Governor NCDERR
William G. Ross Jr., Secretary
Linda C. Sewall, Director
Jessica G. Miles, Section Chief
May 7, 2003
Nab
Mr. Ray Fogleman, City Manager MQY E1 203
City of Graham
Post Office Box 357 DIV. OF WATER QUALITY
Graham, North Carolina 27253 DIRECTOR'S OFFICE
Re: Engineering Plans and Specificatio roval
Water Main Extension
Along NC Highway 54
City of Graham ?,
Alamance County )90,Oc?
I.D. # 02-01-015
This is not an Authorization to Construct '??
Dear Mr. Fogleman: /
Enclosed please find one copy of the "Application for Approval..." together with one copy of
the referenced engineering plans and specifications bearing the Division of Environmental Health
stamp of approval and signature of the Public Water Supply Section Chief for the referenced project.
These engineering plans and specifications are approved under Division of Environmental Health
serial number 03-00614, dated May 6, 2003.
Engineering plans and specifications prepared by C. Mark Averette, P.E., call for the
installation of approximately 7,600 feet of 12-inch ductile iron pipe water main, valves, hydrants,
one 10-inch master flow meter with vault and other appurtenances along NC Highway 54.
The proposed 12-inch water main will cross under the Haw River and Back Creek. A separate
Section 404 Permit from the U.S. Army Corps of Engineers and a Section 401 Water Quality
Certification from the Nortli Carolina Division of Water Quality (DWQ) may be required. Please
contact the DWQ Winston-Salem Regional Office at [phone] and the U.S. Army Corps of
Engineers Raleigh Field Office at [phone] to obtain the permits prior to commencement of
construction.
Please note that an "Authorization to Construct" requires both this approval of
Engineering Plans and Specifications and submittal of a complete Engineer's Report and
Water System Management Plan. No construction shall be undertaken, and no contract for
construction, alteration, or installation shall be entered into until the Department issues an
Authorization to Construct letter in accordance with 15A NCAC 18C .0305(a).
1634 Mail Service Center, Raleigh, North Carolina 27699-1634 A Telephone: [phone]
Main Fax: [phone] A Lab Forms Fax: [phone] A Internet: http://www.deh.enr.state.nc.us/pws/index.htm
An Equal Opportunity / Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper

Page 2
Fogleman
May 7, 2003
One copy of each enclosed document is being forwarded to our Winston-Salem Regional
Office. The third copy is being retained in our permanent files.
If we can be of further service, please call on us at [phone].
Sincerely,
Wayne Munden, P.E., Head
Technical Services Branch
Public Water Supply Section
JWM/TCC/db
Enclosures: Approval Documents
cc: Lee G. Spencer, Regional Engineer
Alamance County Health Department
Alley, Williams, Carmen & King, Inc.
Division of Water Quality ?/
W AT ?9pG
of ti -?
WATER QUALITY SECTION
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
Colcen H. Sullins, Deputy Director
Division of Water Quality
July 31, 2003
CERTIFIED MAIL
Return Receipt Requested
CM # 70012510 0004 8286 6754
NS/
u,
jr
Mr. T. David Propst
Earnhardt Interchange, LLC
632 Abington, Dr. NE
Concord, NC 28027
7171-1. 1, UUJ
U4v
Subject: 401 Water Quality Certification
DEB Commercial S/D
Cabarrus County, NC
Dear Mr. Propst:
This Office has received information from the Cabarrus County soil and Water Conservation
District that you may be planning to disturb jurisdictional wetlands and/or 150+ linear feet of stream
channel during construction of the subject development.
Please be advised that pursuant to Army Corps of Engineers (ACOE) and North Carolina
Division of Water Quality (the Division) regulations prior approval is required before initiating any
activity that would disturb more than 150 linear feet of stream channel and/or 0.1 acre or more of
wetlands. It should also be noted that it is the responsibility of the ACOE to determine whether or not
any channel being impacted is indeed a stream for which they may claim jurisdiction.
For jurisdictional channel impacts, compensatory mitigation may be required to replace
unavoidable lost or degraded aquatic life uses of these streams, either through in-stream measures and/or
riparian techniques such as buffer establishment or vegetative planting for temperature control (typically
referred to as stream bio-engineering). In determining whether stream mitigation will be necessary, the
Division will need to ascertain whether the stream supports aquatic activity.
In order to obtain the Division's approval for any proposed stream and /or wetland impacts,
seven (7) copies of the Pre-construction Notification Application (PCN) should be completed and
returned along with supporting maps and documentation to the addresses listed in the application.
Please make sure that all maps submitted with the application are of suitable scale (e.g. 1" = 100') and
delineate all impacted streams, ponds, and/or wetlands on the project site. Downloadable copies of the
Division's General Certifications as well as the PCN can be accessed at the Division's Wetland web
page:
http://h2o.ehnr.state.nc.us/ncwetlands/ Vc'
?,DENR
N. C. Division of Water Quality Mooresville Regional Office 919 North Main Street Mooresville NC 28115 [phone] Customer Service
1-877-623-6748
#qUG
Page 2
Mr. Propst
If you do not have access to this web page, please contact this Office at the phone number listed below
and a copy of the PCN will be forwarded to you. If you have already filed for the 401 certification,
please disregard this notice. You should also note that issuance of an ACOE 404 Permit or receipt of a
written ACOE delineation verification does not relieve you of your responsibility of determining the
need for a 401 Water Quality Certification from the Division of Water Quality prior to proceeding with
any channel or wetland impacts.
If you have questions regarding this matter, please contact Mr. Alan Johnson or me at (704) 663-
1699.
Sincerely,
,C/ -<1
D. Rex Gleason, P.E.
Water Quality Regional Supervisor
Cc: Dennis Testerman, Cabarrus SWCD
John Dorney, DWQ
Steve Chapin, USACOE
7
WATER
4G
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
Christopher H, & Ginger D. Brown
118 Montibello Dr.
Cary, NC 27513
Re: Request Check Signature
Dear Mr. & Mrs. Christopher H Brown :
June 12, 2003
SO, 1-55
S?(Ltih t??-S 1c5
Lea ? c `c I ?? ? •??, ?''
On 6/12/2003, The N.C. Division of Water Quality received your check from accounts payable. Your application is being
put on hold since you did not sign the enclosed check.
1. Please sign check and return
Check # 6953 in the amount of $200.00
Please call me at 919-733-3575 or visit our web site at http://h2o.enr.state.nc.us/ncwetlands if you have any
questions regarding this letter.
Sincerely,
Michael Horan
Environmental Tech.
Enclosure or Attachments: Check # 6953 in the amount of $200.00
CC:
47LWS/401 oUp
.JUN 2 4 ?a03
NAIROXTYSECTION
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
Customer Service
1 800 623-7748
QG
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
June 2, 2003
MEMO
TO: Interested Parties
FROM: John Dorn
RE: Proposed new General ification for DOT road projects
Other proposed modifications to 401 Water Quality Certification Program -
General Certifications and policies
The Division of Water Quality proposes to make the following modifications to General Certifications
and/or DWQ policy for the 401 Water Quality Certification, Isolated Wetland Permit and Riparian Buffer
protection programs as outlined below. The public is hereby invited to comment on these changes as noted
below. In addition, a Public Notice will be placed in selected newspapers across the state in order to solicit
comments from the public.
1. Transportation General Certification for the NC Moving Ahead Program: The North
Carolina Division of Water Quality is proposing a new General Certification for NC Department
of Transportation projects to address the new "North Carolina Moving Ahead" program. In the
interest of allowing projects with a minimal level of impact to proceed expeditiously, this
Certification would not require written application to DWQ provided that the project was within
specific impact thresholds and adhered to all the Certification's conditions. However, the
General Certification would require a pre-construction and post-construction notification in the
form of a monthly report. DWQ staff will visit projects processed under the new Certification to
determine compliance with the General Certification as well as water quality standards in
general. DOT has committed to providing DWQ the staff resources for these compliance visits.
The General Certification is very specific with respect to design and construction techniques to
be used in order to meet water quality standards. The complete Draft General Certification is
available on our website at h2o.enr.state.nc.us/ncwetlands or via hard copy upon request to
Rob Ridings at 919-733-9817. DWQ welcomes comments on the proposed General
Certification. Comments must be received in writing by July 7, 2003 by 5 pm. Comments
should be sent to Mr. Rob Ridings, Wetlands/401 Unit, Parkview Building, 2321 Crabtree Blvd.,
Raleigh, NC 27604.
II. Proposed changes in existing General Certifications: Comments on the following proposed
changes should be sent to Ms. Cyndi Karoly, Wetlands/401 Unit, Parkview Building, 2321
Crabtree Blvd., Raleigh, NC 27604 and must be received by 5 pm on July 7, 2003.
A. General Certification Number 3363 (Nationwide Permit 16 - Return Water from Upland
Diked Disposal Basins): The present General Certification requires the use of a two-basin
treatment system for hydraulically dredged material in order to minimize the impact of
turbidity and sediment on water quality. DWQ proposes to add language to allow the use of
GeoTubes (or similar devices) as long as the material in the tubes is disposed of in an
upland site and stabilized to prevent erosion.
B. The following condition, found in General Certifications 3402 (NW 18/39/41/42/43/44) and
3404 (NW 14/GP 31) is proposed to be modified as shown below to clarify when projects
occurring in water supply watersheds require written approval. The proposed new text is
shown in bold print:
A*`
N
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
"Irrespective of other application thresholds in this General Certification, all impacts to
perennial waters in water supply watersheds and their associated buffers require written
approval from DWQ since such impacts are allowable as provided in 15A NCAC 2B.
0212 (WS-1), 213.0213 (WS-II), 213.0214 (WS-III) and 2B.0215 (WS-IV). Only water
dependent activities, public projects and structures with diminimus increases in
impervious surfaces will be allowed as outlined in those rules. All other activities require
a variance from the delegated local government and/or the NC Environmental
Management Commission before the 401 Water Quality Certification can be processed.
In addition, a 30 foot wide vegetative buffer for low density development or a 100 foot
wide vegetative buffer for high density development must be maintained adjacent to all
perennial waters in water supply watersheds except for allowances as provided under
the Water Supply Watershed Protection Rules. For the purposes of this Condition,
perennial waters are defined as those shown as perennial waters on the most recent
USGS 1:24,000 topographic map or as otherwise determined by local government
studies;
C. The following paragraph, found in all General Certifications, is proposed to be modified to allow
the Division of Water Quality to take Discretionary Authority and elevate any project qualifying
for Nationwide, Regional or General Permits to require Individual Certifications when project
impacts warrant. Proposed text to remove is shown as strikethrough while the proposed
addition is in bold:
"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 ##at.
, 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, stream or downstream waters are precluded."
III. Proposed policy changes for the Division of Water Quality for the 401 Water Quality
Certification, Isolated Wetland Permit and Riparian Buffer protection rules:
A draft version of the joint federal/state Stream Mitigation Guidelines is available on the US
Army Corps of Engineers website at
http://www.saw.usace.anny.rnil/wetlands/Mitigation/stream mitigation.html. The Guidelines
were developed jointly by representatives of the US Army Corps of Engineers, DWQ, EPA, and
Wildlife Resources Commission and are intended to provide uniform guidance among these
agencies with respect to stream mitigation requirements. The document is intended to
supercede DWQ's stream mitigation guidelines in the Interim, Internal Stream Mitigation and
Macroinverteb rate Monitoring Policy adopted in May 10, 2000. DWQ and the agencies plan to
continue to use the Macroinvertebrate Monitoring Policy with respect to stream mitigation sites.
DWQ is seeking comments on the Guidelines. Comments.must be sent in writing to Todd St.
John, Wetlands Unit, 2321 Crabtree Blvd., Raleigh, NC 27604 by 5 pm on July 7, 2003. The
final version of the policy will become effective after the agencies review and incorporate the
comments and then formally approve the policy.
CC: Dempsey Benton, DENR
Alan Klimek, DWQ
Coleen Sullins, DWQ
Dennis Ramsey, DWQ
DWQ Regional Wetland contacts
DWQ Wetlands/401 Unit staff
Roberto Canales, NC Department of Transportation
Jean Manuele; Raleigh Field Office US Army Corps of Engineers
File copy
2
r
Michael F. Easley, Governor
OF W A rfiq William G. Ross Jr., Secretary
`O? QG North Carolina Department of Environment and Natural Resources
Uj r Alan W. Klimek, P.E. Director
] __q Colleen H. Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL
Jody Caputo
2117 Rocky Mountain Way
Apex, NC 27502
Attn: Ms. Caputo
BASIN:
Neuse River X
(15A NCAC 2B .0233)
October 18, 2004
P r=
,MMIR
OCT 2 6 2004
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Tar-Pamlico
(15A NCAC 2B .0259)
RRO#04-0258
County: Wake
Complaint NOV Buffer Determination X
Incident 4 Appeal Call
Project Name: Caputo Residential Lot
Location/Directions: Located at the intersection of 8801 New Hope Farm Rd & New Hill Olive Chapel Hill Rd.
New Hill, NC.
Subject Stream: UT to Little Beaver Creek
Date of Determination: 8/18/04
Feature Start Buffer
GPS Points (if provided) End Buffer Stream
Form Appeal
Call Located
on Soil
Survey Located
on USGS
Topogra
hic
A Subject (off Property
downstream of New
Hope Farm Rd. X

Raleigh Regional Office 1628 Mail Service Center 1'',
Water Quality Section Raleigh, NC 27699-1628
phone [phone] Customer Service
facsimile [phone] 1-877-623-6748
Ms. Jody Caputo
10/18/2004
Page 2 of 2
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties
that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that
it is subject to the buffer rule may request a determination by the Director. A request for a determination by the
Director shall be referred to the Director in writing clo Cyndi Karoly, DWQ Wetlands/401 Unit, 2321 Crabtree
Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You must
act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory
appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of
this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. 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, 6,714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing
within 60 days.
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfully,
Michael Horan
Environmental Spec. I
k.,
CC: Central Files
DWQ 401 Wetlands Office
Wake County
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Start: 3800 Barrett Dr
Raleigh, NC
27609-7222 US
End: 8801 New Hope Farm Rd
New Hill, NC
27562-9179 US
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Total Estimated Time: 27 minutes
Directions
...................................................................................................................................................................... Distance
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1. Start out going West on BARRETT DR toward SIX FORKS RD. <0.1 miles
...................................................................................................................................................................... .................................
;?? 2. Turn RIGHT onto SIX FORKS RD. 0.6 miles
:.................................................................................................................................................................
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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
Coleen H. Sullins, Deputy Director
Division of Water Quality
Asheville Regional Office
WATER QUALITY SECTION
February 24, 2004
Mr. Thomas Beckett
Beckett & Beckett LLC
7900 Brevard Highway
Etowah, NC, 28729
WETLANDS / 401 GROUP
MAR 2 2004
WATER QUA07Y SECTION
Subject: Follow Up to Site Meeting
401 Water Quality Certification Violations
Filling of a Wetland Without a Permit
Beckett Plumbing
Henderson County
Dear Mr. Beckett:
Mr. David Baker and myself meet with you at the site of your unpermitted fill activity on February 19, 2004. At
the time of this meeting, it was agreed upon that the unpermitted fill would be excavated down to the insitu
vegetation layer back to the point of the stakes (3 foot stakes with pink "wetland delineation" tape tied to the
upper portion) left by the US Army Corps of Engineers. The removal of fill material must take place prior to
April 15, 2004 in order to prevent any further enforcement action form occurring.
Additionally, this office encourages you to follow through with conservation easements to protect the wetland
and stream resources located on property owned by you.
Should you have any questions, please do not hesitate to contact Mr. Kevin Barnett at kevin.bamett a,ncmail.net
or at 828-251-6208.
Sincerely,
Kevin H. Barnett
Environmental Chemist
cc: Mr. John Dorney, Wetlands / 401 Unit
Mr. David Baker, US Army Corps of Engineers, Asheville Regulatory Office
Xv,
ACL'A.
, b
59 Woodfin Place Asheville, North Carolina 28801 Telephone [phone] Fax [phone] Customer Service 1-877-623-6748
thankx
file:///Untitlec
Mary Thompson wrote:
Please be aware that Al Hashemi has filed a lawsuit listing the Defendants as:
The State & the Governor,
DENR & Sec'y Ross,
EMC & Chairman Moreau,
Water Quality Commission & Alan Klimek,
DWQ & Director Klimek,
WQ Section & Section Chief Sullins,
Bradley Bennett ("front man dealing with municipalities")
401 WQ Certification Unit & Unit Supervisor Dorney
His allegations also attempt to. require individual liability. At this point in time, Mr. Hashemi has only
served the Governor, but will be attempting to serve you soon. Please do not sign for a complaint
delivered to you by Mr. Hashemi. It should be served upon you by federal marshall or sheriff with a
Summons. Signing an "Acceptance of Service" form presented to you by Mr. Hashemi may cause
problems in determining when your answer will be due. If a marshall or sheriff serves it with a
Summons, the date will be clear. A service problem has already arisen with the Governor, so please be
careful in your communications with Mr. Hashemi and please feel free to refer him to me if he has any
questions.
A memo and full copy of the complaint served upon the Governor will be sent to you by mail today
Thank you,
Mary Penny Thompson
Mary Penny Thompson
Assistant Attorney General
Environmental Division
N.C. Department of Justice
P. O. Box 629
Raleigh, NC 27602-0629
[phone] / main phone
[phone] / direct dial
[phone] / fax
[e-mail]
1 of 1 9/8/03 1:08 PM
- WA
NCDENR
North Carolina Department of Environment and
Division of Water Resources
Michael F. Easley, Governor
July 23, 2004
MEMORANDUM
TO: Boyce Hudson
404 Coordinator
FROM: Fred Tarver /
Water Projects Secti
SUBJECT: Town of Hope Mills Dam
404 Permit Application No. 200400327

Natural Resources
William G. Ross Jr., Secretary
John Morris, Director
WETLANDS/ 401 GROUP
JUL 3 0 2004
WATER QUALITY SECTION
The N.C. Dam Safety Law of 1967 and relevant administrative rules provide for the determination of
a minimum flow requirement for subject dams based on flow characteristics, aquatic habitat quality,
dam use and other special circumstances.
The Division of Water Resources (DWR) requests, based on a wetted perimeter study on Rockfish
Creek near Hope Mills, a continuous release from the Hope Mills dam into Little Rockfish Creek of
38.0 cubic feet per second (cfs) or inflow, whichever is less.
DWR also requests that, during the period required to fill the impoundment after the dam is
constructed, the town maintain a continuous downstream flow equal to 38 cfs or inflow, whichever is
less.
If impoundment uses change to other than only recreation, the minimum release will need to be re-
evaluated.
Please feel free to contact me at [e-mail] or 919/715-5442 if you wish to discuss
further.
cc: Bennett Wynne, NCWRC
John Dorney, NCDWQ
Max Fowler, NCDLR
1611 Mail Service Center, Raleigh, North Carolina 27699-1611
Phone: [phone] FAX: [phone] Internet: www.ncwater.org
An Equal Opportunity 1 Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper
NorthCarohna
Natural&
^?QF W `4TF Q Michael F. Easley, Governor
`v v William G. Ross Jr., Secretary
Cl)
} r North Carolina Department of Environment and Natural Resources
> -i
5 Alan W. Klimek, P.E. Director
Division of Water Quality
Mr. Horace Willson
Martin Marietta Materials
PO Box 30013
Raleigh, NC 27622-0013
Subject: Proposed Goldsboro Quarry
Mining Permit No. 96-49
Wayne County
Dear Mr. Willson:
August 18, 2004
WETLANDS 1401 GROUP
AUG 2 3 2004
WATER QUALITY SECTION
Per our meeting on August 9, 2.004, the Division of Water Quality has concerns with Mr. Milton Ingram's Hog
Farm, Facility No. 96-106, and with the streams and wetlands that are located on the proposed mine site.
Martin Marietta has questioned whether the streams located on the northeast portion of the property are
regulated under the Neuse River Buffer Rules. These streams were not located on the USGS maps but are on the
Wayne County Soil Survey maps. Tom Steffens and myself have both evaluated the streams on two different
occasions and have called them streams under the Neuse River Buffer Rules. To appeal this decision, please
submit a letter to Mr. Bob Zarzecki asking for an appeal. Your letter should include a map showing the streams
you want reclassified. If you should have any questions concerning this process, please contact Bob at 919-
733-9526.
After the stream determination has been made and if Martin Marietta chooses to move forward on the mine site,
then Martin Marietta will be required to delineate the wetlands that are on site and have them confirmed by the
U.S. Army Corps of Engineers. You will then proceed through the 401/404 process of permitting and
mitigating the wetlands, streams and buffers that are proposed to be impacted. If you should have any questions
concerning this process, please contact Cyndi Karoly at 919-733-9721.
Per your mining application, Mr. Milton Ingram intends to operate the hog farm until 2008 as stipulated in your
Option and Lease Agreement. If the farm continues to operate and Martin Marietta plans to mine prior to 2008,
then the Division will require an individual NPDES permit for your operation. However, you have stressed that
the hog farm will be closed out prior to any mining activities. With this in mind, a General NPDES permit will
cover all activities that are proposed for your site. Certification that the hog farm was properly closed out will
be required with your NPDES permit application. The Division will require all sludge and wastewater in the
lagoon to be removed and properly disposed of per the requirements of the farm's closure plan. Requirements
for the farm closure will be per the attached memorandum. A Pump and Monitoring Plan will also be required
Noon° Carolina
Naturally
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet h2o.enrstate.rtc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX [phone]
An Equal Opportu*/Affumat m Action Employer - 50% RecYdedl1 0% Post Consumer Paper
. h n
Mr. Horace Willson
August 18, 2004
Page Two
prior to operation. This plan will outline how Martin Marietta plans to dewater the mine and protect the
integrity of the wetlands and streams that surround the mine site. Please remember that this is all wetlands that
are near the mine site and not just the ones located on the proposed mine site.
If you should have any questions concerning any of the topics above, please don't hesitate to contact Bob,
Cyndi, or myself.
Sincerely,

Robert Tankard
Environmental Engineer
Copy: Alan W. Klimek, DWQ
Floyd Williams, DLQ
Ijichard Peed, DLQ WaRO
ob Zarzecki, DWQ Wetlands Unit
Cyndi Karoly, DWQ Wetlands Unit
Lyn Hardison, DWQ Aquifer Protection Section WaRO
DWQ WaRO File',
a, h
A7LLA..
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
MEMORANDUM
TO: Robert Tankard, Environmental Engineer
Division of Water Quality
Water Quality Section
76PK-?
THROUGH: Willie Hardison, Environmental Supervisor
Division of Water Quality
Aquifer Protection Section
FROM: Lyn Hardison, Environmental Specialist r?
Division of Water Quality Q/ !r
Aquifer Protection Section V
DATE: August 16, 2004
RE: Milton Ingram Farm
Facility No. 96-106
Wayne County
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
There are two lagoons on this reference facility that are connected by a 10" PVC pipe. The first lagoon
was designed in 1984 with the design storage of 141,584 cu. ft. The second lagoon was designed in 1985
with the design storage of 121,083 cu.ft. Overall there is a total design storage 262,667cu.ft: Both
lagoons are approx. 11 ft deep.
Due to the nature of the future use, the lagoons will be required to be completely clean out of all
wastewater and solids/sludge. Presently, the wastewater in the temporary storage area can be land applied
in accordance with the existing Waste Utilization Plan. However the application of sludge/solids must be
addressed in a Sludge Management Plan, which must meet the requirements of the NRCS Waste
Utilization Conservation Practice Standard (Code 633).
The sludge management plan must be developed and submitted to the Division prior to removal of solids.
As part of the sludge management plan the following items must be addressed:
Volume of wastewater and solids to be removed
Method of land application
Waste analysis of the wastewater and/or solids. The nutrient value of the wastewater and
solids/sludge must be determined prior to the sludge plan being completed.
Maps of the fields,
Number of acres to be applied on in each field
Types of crops
PAN or Phosphorus allowance with irrigation windows
Time line of the closure process.
943 Washington Square Mall, Washington, North Carolina 27889 One
Phone:, 252-946-6481 / FAX [phone] / Internet: h2o.enr.state.nc.us NorthCarolina
An Equal opportunity/Affirmative Action Employer-50% Recycle&10% Post Consumer Paper Natura?ly
A n
The sludge management plan must be submitted to:
Ms. Lyn Hardison
Division of Water Quality
943 Washington Square Mall
Washington, NC 27839
The Washington Regional office must be notified at least 24 hours prior to the start of closure, (Ms.
Hardison @ 252-946-6481). The closure process must follow the sludge management plan. The owner is
completely responsible and the owner and a Division representative must confirm the following:
All waste liquids and sludge have been removed,
All waste liquid and sludge has been land applied at agronomic rates,
All input pipes have been removed,
All slopes have been stabilized as necessary and
Vegetation have been established on all disturbed area
The attached closure form must be completed within 15 days following completion of closure and
submitted to:
NC Division of Water Quality
Aquifer Protection/Compliance Group
Attn: Mr. Keith Larick
1617 Mail Service Center
Raleigh, NC 27699-1617

• - Animal Waste Storage Pond and Lagoon Closure Report Form
(Please type or print all information that does not require a sionaturr)
General Information:
Name of Farm: Fa--ilit-,- No:-
--Owner(s) Name:
Mailin; Address: Phone No:
Coun:.•:
Operation Description (remaininz animals onh-):
.=1 Please check this box if there will be no animals on this farm after lagoon closure. If there will: still be animals on the site
after lagoon closure, please provide the following information on the animals that will remain.
Operation Description:
TtPe of Swine No. of Animals
D Wean to Feeder
J Feeder to Finish
J Farrow to R'ean
D Farrow to Feeder
._J Farrow to Finish
J Gilts
D Boars
T pe o; "Poultry No. of Aninzals
.J Laver
J Non-Laver
Type of Beef r No. of Animals
J Brood
• Feeders
J Stockers
Other Type of Lirestock:
Typ; gfDain• No. of Animals
.J Milking
Dix -
Heifers
Calves
Num,;?c- of Anin:.^.is:
Ies J No :1
Yes J No D
NVI'll the farm maintain a number of animals greater than the 2H .021- threshold?
NVill other lagoons be in operation at this f2--m after this one closes?
How many lagoons are left in use on this farm?:
(Name) of the Water Quality Section's staff in the Dix•ision of
Water Quality's Regional Office (see map on back:) was contacted or. (date)
for notification of the pending closure of this pond or lagoon. This notification was at lest 2' hours prior to the
start of closure, which began on (date).
I verify that the above information is correct and complete. I have followed a closure plan. which meets all N'RCS
specifications and criteria. I realize that I \%ill be subject to enforcement acti or. per Article 21 of the No.-Lh
Carolina General Statutes if I fail to properly close out the lagoon.
Name of Land Owner (Please Print):
Signature: Date:
The facility has followed a closure plan which meets all requirements set forth in the MRCS Technical Guide
Standard 998. The following items were completed by the ov-ner and verified by me: ' w 2ste liquids and
sludges have been removed and land applied at agronomic rate, all input pipes have been removed- all slopes have
been stabilized as necessary, and vegetation established on all disturbed areas.
Name of Technical Specialist (Please Prim;:
Affiliation:
Address (Agency):
one \ L.:
Signature: Date-
Return "ithin 15 days foIloming completion of animal water storage.pond or lagoon closure to:
N. C. Dhision Of Water Quality- NVater Quality- Section
Compliance Group
1617 'Nail Senice Center
Raleigh. NC 27699-1617
PLC - 1 July 12, 2000
DIV WATER QUALITY Fax:[phone] Aug 2 '04 11:17
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AUG-2-2004 MON 09:46 TEL:[phone] NAME:DWQ-WETLANDS P. 2
imap://todd.st.john%40dwq.denr.ncmail.net@ nplex l .ncmail.net:143/f...
Subject: Condition #7, 02-1688
From: [e-mail]
Date: Mon, 09 Jun 2003 08:25:39 -0400
To: [e-mail]
Todd,
I exchanged voice mails with Cyndi Karoly concerning condition #7 on Walnut Cove's
recent issued 401 last week and she suggested that I send you an email since you
wrote the certification. The original certification specified 90 days to get the
conservation easement in place. The recently issued 404 allows 90 days as well. I
would like to request that you change the 30 day limit to 90 days if that does not
create a major problem. I am working with WRP and overnighted Jeff Jurek a package
which Carol Shaw signed for on may 23, 2003 but no one can find it now so I
definitely need more time to work out the easement with them. If you can change
condition #7, could you mail out revised copies to the client and myself. Can you
also send me a quick email to let me know if you will be able to make the change.
Thanks for your help.
Jennifer Robertson
828-712-9205
1 of 1 6/17/03 11:58 AM
.c -
)FFICEUSEON Y
Date Received _ Fee Paid Permit Number
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
1. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
2, Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
3. Mailing Address for person listed in iteem..2 above:
1 , off?,
City: -?1 UUt' I?-?-SI?O'r1a State: ? Zip: Q
Telephone Number: ( 3300 400 (] :
4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on. plans,
specifications, letters, operation and maintenance agreements, etc.):
L'couze-';?'
5. Location of Project (street address):
City: County:_
6. Directions to project (from nearest major intersection):
?N Vt7 lOUl o%-1301V t T'S c Nt%.CtL &,47UN W/ L ? --A VIC-
i o 1/LS (? 0
7. Latitude: ? 2-4:5 55 -T Longitude: of project
8. Contact person who can answer questions about the project:
Name: ( ?--? tAt' Telephone Number: ( Wr) " ?n
II. PERMIT INFORMATION:
1. Specify whether project is (check one): New Renewal Modification
Form SWU-101 Version 3.99 Page 1 of 4
2. If this application is being submitted as the result of a renewal or modification to an existing permit, fist the
existing permit number and its issue date (if known)
3. Specify the type of project (check one):
Low Density High Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
CAMA Major Sedimentation/Erosion Control _404/401 Permit _NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
`tom' ::sk-brM.LQL-ks- w t t L 6- 4-? SM4 CL c,sc -c? ,?-? R,? s?'.?
d
,0
5. How many drainage areas does the project have?.
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below. Receiving Stream Name

Receiving Stream Class
Drainage Area
-AS Ar?
Existing Impervious* Area Q ^ f}
Proposed Impervious*Area ( - A.C-
% Impervious* Area (total)
hn??? r ?i?_n_i?' ti? in i?_?,-1r•.? I)i iiu,i?_r :Ar?.,i 1 Ur:?;n ? , ? ;'\iF;, ' -
On-site Buildings
On-site Streets
On-site Parking
On-site Sidewalks
Other on-site l , 4 ?--
O:ff-site
Total: , ! 4C Total:
* Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4
2. Stormwater runoff from this project drains to the VG.cJ Vj&) River basin.
3. Total Project Area: (Q -a2s acres 4. Project Built Upon Area: 7 j ?.3 %
t
7. How was the off-site impervious area listed above derived? QA
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS (C30"s r Ov it A P IV)
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number, size and the allowable built-upon area for each lot must be provided as an attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number
as issued by the Division of Water Quality. These covenants may not be
changed or deleted without the consent of the State.
2. No more than square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do. not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built-upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwa ter control
system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity
and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot. be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the status
and availability of these forms.
Form SWU-102 Wet Detention Basin Supplement
Form SWU-103 Infiltration Basin Supplement
Form SWU7104 Low Density Supplement
Norm SWU-105 Curb Outlet System Supplement
Form SWU-106 Off-Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-108 Neuse River Basin Supplement
Form SWU-109 Innovative Best Management Practice Supplement
Fonn SWU-101 Version 3.99 Page 3 of 4
VI. SUBMITTAL REQUIREMENTS '
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original and one copy of the Stormwater Management Permit Application Form '?tJ
• One copy of the applicable Supplement Form (s) for each BMP Sy
• Permit application processing fee of $420 (payable to NCDENR) ek bd
• Detailed narrative description of stormwater treatment/management C,S ?Irtc er,S? Mi
• Two copies of plans and specifications; including: eS IJ
- Development/Project name
- Engineer and firm
-Legend
- North arrow
- Scale
- Revision number & date
- Mean high water line
- Dimensioned property/project boundary
- Location map with named streets or NCSR_numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm):
Mailing Address:
City.
Phone: { ).
VIII. APPLICANT'S CERTIFICATION
State: Zip:
Fax:
I, (print or type name ofperson listed in General Information, item \`-A) &t_Up-s -V,'ce Pce-5k &f1 ,
certify that the information included on this permit application form is, to the kiest of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants ecorded, and that the proposed project complies with the requirements of 15A
NCAC 2H .1000. //'' n
Date: ° d
Form SWU-101 Version 3.99 Page 4 of 4
Permit No.
(to be provided by DWQ)
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormvvater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet.
structure details.
1. PROJECT INFORMATION
Project Name:
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM

i6-' NC'
Contact Person: ) V;CYCS Phone Number: 0:?
(p5g- (r goy
For projects with multiple basins, specify which basin this worksheet applies to:
elevations
Basin Bottom Elevation 0 ft.
Permanent Pool Elevation ?- ) ft.
Temporary Pool Elevation ft.
(floor of the basin)
(elevation of the orrice)
(elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area 34S A- (4 sq. ft. (water surface area at the orifice elevation)
Drainage Area -2,3 ac. (on-site and off-site drainage to the basin)
Impervious Area ac. (on-site and off-site drainage to the basin)
volumes
Permanent Pool Volume cu. ft. (combined volume of main basin and forebay)
Temporary Pool Volume 3L?. 3 cu. ft. (volume detained above the permanentpool)
Forebay Volume ??- 4- cu. ft. (approximately 20% of total volume)
Other parameters
SA/DA1
Diameter of Orifice
Design Rainfall
Design TSS Removal 2
J? •? in.
1 • b in.
%
(surface area to drainage area ratio from DWQ table)
(2 to 5 day temporary pool draw-down required)
(minimum 85% required)
Form SWU-102 Rev 3.99 Page 1 of 4
, y
Footnotes:
1 When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal.
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H. 1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials_
(XS (n) a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
b. The forebay volume is approximately equal to 20% of the-basin volume: -
5'GJ c. The temporary pool controls runoff from the design storm event.
G5? d. The temporary pool draws down in 2 to 5 days
t. e.

GS (e•.? g.
Ct? ....
C. ? h.
i.

k.

If required, a 30-foot vegetative filter is provided at the outlet (include non-erosive flow
calculations)
The basin length to width ratio is greater than 3:1.
The basin side slopes above the permanent pool are no steeper than 3:1.
A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). .
Vegetative cover above the permanent pool elevation is specified.
A trash rack or similar device is provided for both the overflow and orifice.
A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
m. A mechanism is specified which will drain the basin for maintenance or an emergency.
M. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) 0 does 4)es.
not incorporate a vegetated filter at the outlet.
This system (check one) 0 does does not incorporate pretreatment other than a forebay.
Form SWU-102 Rev 3.99 Page 2 of 4
( V
Maintenance activities shall be performed as follows:
1. After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e.
stockpiling near a wet detention basin or stream; etc.).: - -
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 7''WB3feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads7%.75 feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
ill in the blanks)
0 Permanent Pool Elevation ?? 't`•
Sediment R\EIe al E1,3 7om tion?4-•
Bott ------------- iSediment Removal Elevation
4.0 -------------------------------------- ------
Bottom Elevation 3-14. b -25%
FOREBAY MAINPOND
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
Form SWU-102 Rev 3.99 Page 3 of 4
r 1
7. All components of the wet detention basin system shall be maintained in good working order..
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
a Notary Public for the State of ?- Q " n
G ,
County of IA- ? r Ke 5 , do thereby certify that ` \ ? l ?1 C-0
personally appeared before me this day of ?o?r and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,.
..11A11* "OFFICIAL SEAL"
s Notary Public, North Carolina
3 ' County of Wilkes
Sherry Luckey
M Commission Expires 1/25/2005
pop,
SEAL
My commission expires IWes/0,5
Form SWU-102 Rev 3.99 Page 4 of 4
Print name:C`,
Title:_ V i c.tl"?re 5'?cA e-(4 - Lm A-? e `5 Pr g- ef-40- -,
Address: t I &2 C S4 ? IV V.?+ 1 ?5 ier?ro Ill 'Zgs&S7
Oct 25 04 09:22a venture properties 3366678001
FAX TRANSMISSION
VENTURE PROPERTIES
P.O. BOX 843
WILKEs80Ro. NORTH CAROuHA 26897-0843
336-667-8000
FAX. 336-e67-8001
To! , /17 '74 /
Fax #:
From:
Subjects ?? ?y T,rU L
Date: /6 - ai O `/
Pages: _?_(including this cover sheet)
COMWMNTS:
f'S7? Z t T?is c. l ??
C,'IfSU Pr??sil? Ile---e- 4U v

Confidentiality Note
The information contained in or accompanying this fax transmittal is privileged and confidential. It
is intended only for the use of the individual or entity named above, and any other disclosure,
copying, distribution, or use of the contents of this fax transmittal is prohibited. If the recipient of
this transmittal is dif'erent from the identified on this cover sheet, or if you believe you have received
this transmission in error, please notify us immediately by telephone and return the message to us at
the address above via U.S. Postal Service. Thank you_
1
Venture Properties
p.1
OCT-25-2004 MON 07:43 TEL:[phone] NAME:DWO-WETLANDS P. 1
Oct 25 04 09:23a venture properties 3366678001 p.2
OCT-25-2004 MON 07:43 TEL:[phone] NAME:DWO-WETLANDS P. 2
Oct 25 04 09:23a venture properties 3366678001 p.3
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OCT-25-2004 MON 07:43 TEL:[phone] NAME:DWO-WETLANDS
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Pier Railway Boathouse Stabilization Other
USE:
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STATUS:
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MATERIALS:
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3. Metal. 6.Other 3 c3D. 6 Q 3 . , oc
FLOTATION:
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3. Other 3 3
TYPE OF FACILITY:
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Condition of Pier: ? Good ? Fair ? Poor
Permitted: ? Yes ? No Date: By: 'I
Additional information: In 5H 3 -- ew
COMMON USE PERMIT
If this application is for the common use of a facility, those parties using the facility appoint the individual listed in the
applicant section of this form as the agent applying for the permit. All parties using the facility must sign below.
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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
December 17, 2004
DWQ# 04-1802
Guilford County
CERTIFIED MAIL: 7003 3110 0003 6489 8018
Return Receipt Requested
Mr. S. Lowell Easter
200 Centerpoint Drive, Suite 350
Greensboro, North Carolina 27409
DEC 2 3 2004
APPROVAL of 401 Water Quality Certification with Additional Conditio DENR - WATER QUALITY
nkTUWDS MID STORMWATER BRANCH
Dear Mr. Easter:
You have our approval, in accordance with the attached conditions, to place permanent fill in 120 linear feet
of intermittent stream and temporary fill in 20 linear feet of intermittent stream in order to construct a road
crossing and two utility line crossings on property you own located on Burnt Popular Road in Greensboro,
Guilford County, as described in your application received by the Division of Water Quality (DWQ) on
November 8, 2004. After reviewing your application, we have determined that this fill is covered by General
Water Quality Certification Number 3402, which can be viewed on our web site at
http://h2o.enr.state.ne.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39
when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable
federal, state or local permits before you proceed with your project, including (but not limited to) those
required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also,
this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General
Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you may be required to send us a new application for a
new certification. If the property is sold, the new owner must be given a copy of the Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fill for this
project (now or in the future) exceeds one acre, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached
certification, as well as the additional conditions listed below:
1. A final, written stormwater management plan shall be approved in writing by this Office before the
impacts specified in this certification occur, per condition No. 4 in General Certification 3402. The
stormwater management plan must include plans and specifications for stormwater management
facilities that are appropriate for surface waters classified as Class WS-IV and designed to remove, at a
minimum, 85% Total Suspended Solids according to the most recent version of the NC DENR
o One
NhCarolina
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone [phone] FAX [phone]
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet http//:h2o.enr.state.nc.us/ncwetlands
Customer Service Number: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. S. Lowell Easter
Page 2
December 17, 2004
Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff
from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also,
before any permanent building is occupied at the subject site, the facilities (as approved by this Office)
shall be constructed and operational, and the stormwater management plan (as approved by this Office)
shall be implemented. The structural stormwater practices as approved by this Office, as well as
drainage patterns, must be maintained in perpetuity. No changes to the structural stormwater practices
shall be made without written authorization from the Division of Water Quality. This stormwater
management plan must be submitted to the Central Office of the Wetlands/401 Certification Unit
in Raleigh within 60 days of receiving this letter, otherwise the approval of 401 Water Quality
Certification for the above referenced stream fill is withdrawn.
2. The proposed project must comply with the City Of Greensboro's local water supply and stormwater
management ordinances approved by the N. C. Environmental Management Commission as required
under the Randleman Lake Water Supply Watershed: Protection and Maintenance of Riparian Areas,
15A NCAC 02B .0250 and the Randleman Lake Water Supply Watershed: Stormwater Requirements,
15A NCAC 02B .0251.
3. The culvert required for this project shall be installed in such a manner that the original stream profile is
not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing
stream dimensions (including the pattern and profile) are to be maintained above and below the location
of the culvert. The culvert shall be designed and installed to prevent head cutting of the stream. If the
culvert becomes perched, the appropriate stream grade shall be re-established or, if the culvert is
installed in a perched manner, the culvert shall be removed and re-installed correctly. The Applicant
must submit a plan and receive written approval from this Office to address any head cutting that will
occur as a result of this project (e.g., use of cross vanes downstream of the culvert).
4. Utility lines shall not cross a stream channel at other than a near-perpendicular angle (i.e., stream
channel crossings shall not be at an angle less than 75 degrees or more than 105 degrees to the stream
bank). Any wastewater line that crosses any stream shown on the most recent version of the 1:24,000
USGS topographic map, NRCS (SCS) County Soil Survey, or local government stream network map
approved by the Division of Water Quality, as perennial or intermittent shall be installed with no joints
connected within the footprint of the stream channel or within 2 feet of the stream banks. Otherwise,
written concurrence from DWQ is required prior to installation.
5. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum
dimensions specified by appropriate engineering calculations. Riprap may only be used below the
normal high water level. The original grade and elevation of the stream's cross-section must be
maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth
sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream
bottom must not be increased by the placement of riprap. Placement of riprap must not result in
destabilization of the streambed or banks upstream or downstream of any crossing.
6. If concrete is used with any fill material, it shall not be allowed to come in contact with surface waters
until it has cured.
7. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the §401 Certification has been completed.
Mr. S. Lowell Easter
Page 3
December 17, 2004
This certificate should be returned to the Wetlands/401 Certification Unit of the NC Division of Water
Quality at the address listed on the form. Along with the Certificate of Completion, please send
photographs upstream and downstream of the culvert site to document correct installation.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
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 Daryl Lamb in the DWQ Winston-.Salem Regional Office at 336-
771-4600 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely, .
/ Alan W. Klimek, P.E.
AWK/cdl
Attachments
cc: Andrea Wade, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
Wetlands/401 File Copy
Chris Hay, Trigon Engineering Consultants, 313 Gallimore Dairy Road, Greensboro, NC 27409
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

January 11, 2005
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Luke Stamey
6385 Highway 19 East
Spruce Pine, NC 28777
and
Ms. Angela K. Benfield
72 Burnette Road
Spruce Pine, NC 28777
DWQ Project # 04-1888 (Stamey)
DWQ Project # 04-1887(Benfield)
Mitchell County
Subject Property: Property ID Numbers 0890-15-74-2535 (Benfield) and 4758 (Stamey)
Biggerstaff Branch [7-241-4, Class C Tr]
REQUEST FOR MORE INFORMATION
Dear Mr. Stamey and Ms. Benfield:
On November 23, 2004, the Division of Water Quality (DWQ) received your applications to impact 246
feet of perennial streams on the two properties. Both properties are shown on the same "site" on your
respective grading and drainage plans. No project descriptions were provided for either property. 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 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. Project Description and Impact Justification
As noted above, you have not provided any description of the type of project to be constructed on
this site. Furthermore, your grading and drainage plan provided no construction details related to
the project itself. Please note that we cannot review your application for avoidance and
minimization of impacts, as required in 15A NCAC 2H.0506(b), unless detailed project
configurations are provided. You have not demonstrated why Biggerstaff Branch must be
culverted throughout the site because no alternatives analysis can be conducted due to the lack of
project details. We cannot determine how the site constraints affect your project, and therefore
whether you have minimized adverse impacts to surface waters. Please provide a thorough
401 Oversight/Express Review Permitting Unit {l
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
None Carolina
tirra!!
An Fnual nnnnrtunity/Affirmative Artion Fmnlnver - 50% RACVCIed/10% Pnst Consumer Paner
Luke Stamey and Angela Benfield
January 11, 2005
description and plan drawings of the development plans for this site, and clearly illustrate how the
two properties are related on the site. Please indicate proposed lot layout as overlays on the site
plan.
2. Type of permit
You stated that you are applying for a Nationwide Permit, but did not specify which one. Please
contact the U.S. Army Corps of Engineers Asheville Regulatory Field Office at [phone]
and ask them to determine which Nationwide Permit will be applied to this work. You should also
request that they determine the boundaries of the "single and complete project" on this site.
3. Plan Details
a. Please provide a better location map for the project. The map provided lacks a scale, north
arrow, clear labels on the road, or any crossroads to provide a frame of reference for location.
Furthermore, it is unclear which of the circled boxes refers to the site at hand, and it is unclear
where the site is in comparison to the vicinity map on the grading and drainage plan. Please
provide a vicinity map which includes a scale, north arrow, labeled roads, and a site location
which matches the vicinity map on your grading and drainage plan in order to facilitate location
of the site.
b. Please provide original plans, profiles and cross sections of Biggerstaff Branch and depict `
clearly the impacted section, including all fill slopes, dissipaters, and bank stabilization on the
site plan. Please note that bank stabilization measures, such as rip rap, must be included in your
impact calculations. Please provide a clear illustration of how the stream impacts associated
with the two properties will be matched up or joined.
c. Please provide details of any dissipaters on upstream and downstream side of the culverts for
the properties/site. Please indicate the location of the protected buffers as overlays on the site
plan.
d. You should note that Biggerstaff Branch is classified as C Tr. Since this is a trout stream,
please indicate all pre-and-post construction impacts to trout buffers on the site plan.
e. Please provide cross section details showing the provisions for aquatic life passage.
f. Section XI of the Pre-Construction Notification requires that you provide the existing and
proposed impervious surface area for the site in order to stormwater management needs to be
determined. You noted that "No final site plan has been worked up on this site." As discussed
earlier in this correspondence, we cannot issue a 401 Water Quality Certification for which no
specific project details have been provided. Please specify the percent of project
imperviousness area based on the estimated built-out conditions. If this percentage exceeds
30%, you will need to include a site-specific stormwater management plan designed to remove
85% TSS according to the latest version of DWQ's Stormwater Best Management Practices
manual at a minimum. Additionally, in watersheds that are classified as trout waters (Tr), the
Division shall require that extended detention wetlands, bio-retention areas, and ponds followed
by forested filter strips (designed according to latest version of the NC DENR Stormwater Best
Management Practices Manual) be constructed as part of the stormwater management plan
when a site-specific stormwater management plan is required.
g. Please indicate all stormwater outfalls on the site plan.
Luke Stamey and Angela Benfield
January 11, 2005
4. Mitigation
246 feet of compensatory stream mitigation is required for this project because of cumulative
impacts associated with the two properties, unless you can make a compelling case that these are
two distinct, separate and complete projects, and the Corps of Engineers agrees to treat the site as
two separate and complete projects. Please provide a compensatory stream mitigation plan. The
plan must conform to the requirements in 15A NCAC 2H.0506(h) and must be appropriate to the
type of impacts proposed. You have the following options for satisfying the mitigation requirement
associated with this project:
a) Payment into the North Carolina Ecosystem Enhancement Program (EEP), if the EEP will
accept the responsibility for conducting this mitigation work, or
b) Preparing and implementing a stream mitigation plan with a minimum of a 1:1 restoration
component for 246 feet of impacts.
If you decide to propose use of EEP in lieu of developing your own stream mitigation plan, you
will need to contact Ms. Suzanne Klimek with the EEP at [phone] to see if they will
accept the project. You should note that mitigation requirements proposed to be mitigated
through the EEP must be rounded to the nearest linear foot increment according to 15 2r .0503.
Please respond within three weeks of the date of this letter by sending three copies of this information to
me in writing. I strongly recommend that you request an on-site pre-application meeting with Mr. Kevin
Barnett of the DWQ Asheville Regional Office. He can be contacted at [phone]. 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.
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 Kevin Barnett or me at 919-733-1786.if you have any
questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight and Express Permits Unit
CBKlcbk
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Dawn Thomas, Atlantic Plan Eng., Post Office Box 1691, Hickory, NC 28603
Filename: 04-1888LukeStameyBenfield(Mitchell)OnHold