OPHTE# ,�� -�g� Harnett County Department of Public Health
PERMIT # al DS Operation Permit 22515
(, New Installation X Septic Tank X Nitrification Line ❑ Repair ❑ Expansion
PROPERTY LOCATION: CYPQ6ss C.- w:A Zo
Name: (owner) \iono�t �Nc— SUBDIVISION C~ ctEs� po "j—,E LOT #
System Installer: <J e,6a,4 " S--,as Registration #
Basement with plumbing: ❑ Garage Number of Bedrooms
Type of Water Supply: El Community Public ❑ Well Distance from well L0 O feet
System Type: Types V and VI Systems expire in 5 years.
(In accordance with Table V a) Owner must contact Health Department 6 months prior to expiration for permit renewal.
This system has been installed in compliance with applicable North Carolina General Statutes, Rules for Sewage Treatment and Disposal, and all conditions of the Improvement Permit and Construction Authorization
PERMIT CONDITIONS:
I. Performance: System shall perform in accordance with Rule .1961.
II. Monitoring: As required by Rule .1961.
III. Maintenance: As required by Rule .1961. Other:
Subsurface system operator required? Yes ❑ No
If yes, see attached sheet for additional operation conditions, maintenance and reporting.
IV. Operation:
V. Other: CCt,o:5sap 12aA5 'eo ®w A'gger Ip' L,.Se'.Grz Qr-,> -o f2 �1 a0 \1 �(axjtyl ' QEN –awQ
❑ D -Box ❑ Pump ❑ Alarm ❑ 1-12O1-ine ❑ PWR Line
Following are the specifications for the ewage disposal system on the above captioned property.
Type of system: ❑ Conventional Other '7— t, -.caw Septic Tank: 6dC�' gallons Pump Tank: I C7d d gallons
Subsurface No. of exact length width of depth of
Drainage Field es 1 of each ditch feet ditches feet ditches �— inches
French Drain Reauired: Linear.Jeet
Authorized State Agent w Date Wj
December 21, 2011
Ms. Shari Padgett
D. R. Horton, Inc.
2000 Aerial Center Parkway, Suite 110
Morrisville, NC 27560
Subject Property: Cypress Pointe Subdivision
Ut to Buffalo Creek [18- 23 -18, WS -III]
Natural Resources
Dee Freeman
Secretary
DWQ Project # 1 l -0997
Harnett County
Approval of General Isolated and Other Non -404 Jurisdictional Wetlands with Additional Conditions
Dear Ms. Padgett,
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise
impact 0.211 acres of Isolated and other Non -404 Jurisdictional Wetlands and Waters, to construct the proposed Cypress
Pointe Subdivision at the site, as described within your Pre - construction Notification Application dated November 14,
2011 and received by DWQ on November 14, 2011 with additional information received on December 14, 2011. The
impacts are covered by: the State General Permit for Impacts to Isolated and Other Non -404 Jurisdictional Wetlands and
Waters (IWGP100000). In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non -
discharge regulations. Also, this Approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon the expiration of the Isolated and Other Non -404 Jurisdictional
Wetlands and Waters (IWGP100000) (October 31, 2013) or unless otherwise rescinded by the Director of the
Division of Water Quality.
This approval is for the purpose and design that you described in your PCN application. If you change your project, you
must notify us and you may be required to send us a new application. If the property (or a lot on the property) is sold, the
new owner must be given a copy of this Certification and approval letter and will thereby responsible for complying with
all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in T15A: 02H.1305 (C). (6.) (b.) This approval requires you to
follow the conditions listed in the attached IWGP100000 and any additional conditions listed below.
The Addition —al Conditions of the (p� tif;i 2ti^u ire'
1. Impacts Approved
225 Green St., Suite 714, Fayetteville, NC 28301 -5043
Phone: 910-433 -33001 FAX: 910-486 -07071 Customer Servic,�: 1- 877 - 623 -6748
Internet: www.ncwaterquality.org
One
NoI-thCaroiina
Alatill"lalllf
U K. Horton, Inc.
Page 2 of 4
December 21, 2011
The following impacts are hereby approved as long as all of the other specific and general conditions of this
Certification (and Isolated Wetland Permit) are met. No other impacts are approved including incidental
impacts:
Impact Type
Amount Approved (Units)
Plan Location or Reference
Non -404 Wetland
0.211 acres
December 14, 2011 PCN page 4 of 9
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of
the impacts depicted in the Pre - Construction Notification and authorized by this approval letter. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules
occur.
3. No Sediment and Erosion Control Measures in Wetlands and Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval from the
Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, design and
placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. All sediment and erosion control devices shall be removed and the natural grade restored within two
(2) months of the date that the Division of Land Resources or locally delegated program has released the project.
Erosion and sediment control practices must be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management ]Practices in order to protect surface waters
standards:
a. 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. 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. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources
(DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater
permit (NCGOl000O) administered by DWQ is automatically issued to the project. This General Permit allows
stoniiwater to be discharged during land distur'birig coristructiori aetivities as stipulated by conditions in tiie
permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more
acres], full compliance with permit conditions including the sedimentation control plan, self - monitoring, record
keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be
found at hLp: / /portal.nedenr.org /web /wq /ws /su/npdessw #General Permits NPDES.
225 Green St., Suite 714, Fayetteville, NC 28301 -5043
Phone: 910 -433 -33001 FAX: 910486 -07071 Customer Service: 1 -877- 623 -6748 One �ji� �t i �
Internet: www.ncwate quality.org Ail,ftJ1117/ f j
D. R. Horton, Inc.
Page 3 of 4
December 21, 2011
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these boundaries
approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility
material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land
disturbing activities to ensure compliance with 15A NCAC 2B .0233 and GC 3 82 1.
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and
protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms
shall be put in place at the time lots or properties are recorded. A sample deed notification can be downloaded
from the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)web site at
http: / /portal.nodeni- orb /vveb /wq /swp/vvs /401 /certsandperrnits /app '!forms The text of the sample deed
notification may be modified as appropriate to suit to this project.
8. Certificate of Completion
Within thirty (30) days of the 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 Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe),
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any
other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not
being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that
further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water
Quality Certification.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and /or
civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit.
If you wish to contest any statement in the attached 401 Water Quality Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings (OAH). You must
file the petition with the office of Administrative Hearings within thirty (60) days of receipt of this notice. A petition is
considered filed when it is received in the office of Administrative Hearings during normal office hours. The OAH
accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The
original and one (1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed - provided the original and one copy of the document is received by the Office of Administrative
Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
225 Green St., Suite 714, Fayetteville, NC 28301 -5043
Phone: 910- 433 - 3300'•, FAX: 910486-0707 1, Customer Service: 1 877.523 -5'48 One
Internet: www.newaterquality.org lv�OgfthCc` rolina
if/nfft9�/T'!!f/
D. R. Horton, Inc.
Page 4of4'
December 21, 2011
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: (919) 733 -2698, Facsimile: (919) 733 -3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division of Water Quality under and Other Non -404 Jurisdictional Wetlands and
Waters Rules (IWP 100000). If you have any questions, please telephone Chad Turlington of the Fayetteville Regional
Office at (910) 433 -3320.
Sincerely,
Coleen H. Sullins
Enclosures: Certificate of Completion
IWGP100000
cc: DLR - FRO
Christy Wicker - USACE
Karen Higgins — Wetlands, Buffers and Stormwater Compliance and Permitting Unit
File Copy
Kenneth W. Goetze — Deacon Development CP, LLC
Jennifer Burdette — Burdette Land Consulting, Inc.
225 Green St., Suite 714, Fayetteville, NC 28301 -5043
Phone: 910 -433 -33001 FAY,: 910-486 -07071 Customer Service: 1- 877 - 623 -6748 N&OTL�1hdJ i711T1�
Internet: www.ncwaterquafity.org /l7�rtrrl��x /I�r
STATE OF NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE GENERAL PERMIT FOR IMPACTS TO ISOLATED AND
OTHER NON -404 JURISDICTIONAL WETLANDS AND WATERS
PERMIT NUMBER: IWGP100000
FOR PROJECTS IMPACTING LESS THAN ONE (1) ACRE OF ISOLATED
AND OTHER NON -404 WETLANDS, LESS THAN
TWO HUNDRED, FIFTY FEET (250) OF ISOLATED
STREAMS AND/OR LESS THAN ONE -THIRD ACRE (1/3) OF
ISOLATED SURFACE WATERS
In accordance with the provision of Article 21 of Chapter 143, General Statutes of North Carolina
as amended and other lawful standards and regulations, including 15A NCAC 2H .1300 and 15A
NCAC 213 .0200, promulgated and adopted by the North Carolina Environmental Management
Commission.
Permission is hereby granted to all owners or operators of activities which impact isolated and
other non -404 wetlands, isolated streams or other isolated waters in accordance with the
conditions set forth in this General Permit.
This General Permit shall become effective on October 31, 2008.
This General Permit shall expire at midnight on October 31, 2013 or unless otherwise rescinded
or until deemed appropriate by the Director of the NC Division of Water Quality (DWQ).
Coleen H. Sullins, Director
Division of Water Quality
By the Authority of the
NC Environmental Management Commission
State General Permit No. IVr✓GP100000
This General Permit is issued in conformity with the requirements of North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .1300 for the discharge of fill
material to isolated and other non -404 wetlands and isolated waters of the State of North
Carolina. This Permit may be rescinded when deemed appropriate by the Director of DWQ after
appropriate public notice.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92 -500 and 95 -217
if conducted in accordance with the conditions hereinafter set forth.
Activities meeting any one (1) of the following criteria require written approval from the
Division of Water Quality (the "Division "):
I. Isolated stream and /or buffer impacts:
a. Any impacts to isolated perennial waters (as depicted on the most recent USGS 1 :24000
topographic map or as otherwise determined by the local government,) and their
associated riparian buffers in Water Supply (WS), High Quality Water (HQW), or
Outstanding Resource Water (ORW) watersheds. Only water- dependent activities,
public projects, and structures with diminimus increases in impervious surfaces will be
allowed as outlined in those rules [15A NCAC 213 .0212 through .0215]. All other
activities require a variance from the delegated local government and /or the NC
Environmental Management Commission before the application for the 401 Water Quality
Certification can be processed.
b. Any impacts to isolated streams and buffers in the Neuse, Tar - Pamlico, Randleman and
Catawba River Basins (or any other basins with Riparian Area Protection Rules [Buffer
Rules] in effect at the time of application [in accordance with 15A NCAC 213 .0200]),
unless the activities are listed as "EXEMPT" from these Rules-
c. Any impacts to isolated streams involving excavation or dredging.
d. Total isolated stream impacts equal to or greater than 150 linear feet of intermittent
and /or perennial stream to be filled, culverted, rip rapped, or relocated, including
temporary and /or permanent impacts.
11. Impacts to isolated lakes and ponds (temporary or permanent):
a. Equal to or greater than one -third (1 /3) of an acre
III. Impacts to isolated and other non -404 wetlands (temporary or permanent):
a. Equal to or greater than one -third (1 /3) of an acre east of 1 -95
b. Equal to or greater than one -tenth (1/10) of an acre west of 1 -95
c. Any impacts to isolated and other non -404 wetlands adjacent to waters designated as:
ORW, SA, WS -I, WS -11, or Trout, or wetlands contiguous to waters designated as a North
Carolina or National Wild and Scenic River.
d. Proposed fill or substantial modification of any amount of isolated and other non -404
wetlands classified in accordance with 15A NCAC 2B .0101(e)(7) as Unique Wetlands
(UWL)
IV. If the activity is associated with or in response to a Notice of Violation or an enforcement
action initiated by the Division and /or the Division of Land Resources.
Totaling and Reporting of Impacts:
I. Isolated Streams - Impacts to isolated streams as determined by the Division of Water
Quality shall be measured as the length of the centerline of the normal flow channel. Permanent
and /or temporary stream impacts shall be enumerated on the entire proiect for all impacts
regardless of which 404 Nationwide Permits are used (if any). Stream relocations and streambed
and /or bank hardening are considered to be permanent stream impacts. Any activity that results
in a loss of use of stream functions including but not limited to filling, relocating, flooding,
excavation, dredging and complete shading shall be considered stream impacts.
Isolated Wetlands General Permit (IWGP100000)
State General Permit No. IWGP100000
No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Permit
No waste, spoil, solids, or fill of any kind shall occur in isolated and other non -404 wetlands,
isolated waters, or isolated riparian areas beyond the footprint of the impacts depicted in the
Pre - Construction Notification and authorized in the written approval from the Division,
including incidental impacts. All construction activities, including the design, installation,
operation, and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes, or rules
occur.
2. Standard Erosion and Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices:
a. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
projects, including contractor -owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout Jr), SA, WS -1, WS -II, High Quality (HQW), or Outstanding Resource (ORW)
waters, then the sediment and erosion control requirements contained within Design
Standards in Sensitive Watersheds (15A NCAC 04B .0124) supercede all other sediment
and erosion control requirements.
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters without
prior approval by the Division. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, then design and placement of temporary erosion control
measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or
stream beds or banks, adjacent to or upstream and down stream of the above structures. All
sediment and erosion control devices shall be removed and the natural grade restored within
two (2) months of the date that the Division of Land Resources or locally delegated program
has released the project.
4. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCG010000) administered by the Division is
automatically issued to the project. This General Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated by conditions in the permit. If your
project is covered by this permit [applicable to construction projects that disturb one (1) or
Isolated Wetlands General Permit (IWGP100000)
State General Permit No. IWGP100000
more acres], full compliance with permit conditions including the sedimentation control plan,
self- monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
http . / /h2o.enr.state.nc.us %suXForms Documents htm.
5. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle or bird nesting).
then biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities. This condition can be waived through written
concurrence on a case by case basis upon reasonable justification.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval /post - larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. This condition can be waived through written concurrence on a case by case
basis upon reasonable justification.
Work within the twenty -five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate W RC,
USFWS, NMFS, and /or DMF personnel.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water. Exceptions to this condition require submittal to, and approval
by, the Division of Water Quality.
7. Riparian Area Protection (Buffer) Rules
Activities located in the protected 50 -foot wide riparian areas (whether jurisdictional wetlands
or not), within the Neuse, Tar - Pamlico, Catawba, or Randleman (or any other basin with
buffer rules), shall be limited to "uses" identified within and constructed in accordance with
15A NCAC 213 .0233, .0259, .0250 and .0243, and shall be located, designed, constructed,
and maintained to have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices. All buffer rule requirements,
including diffuse flow requirements, must be met.
8. Water Supply Watershed Buffers
The 30 -foot wide vegetative buffer (low- density development) or the 100 -foot wide vegetative
buffer (high- density development) shall be maintained adjacent to all perennial waters except
for allowances as provided in the Water Supply Watershed Protection Rules [15A NCAC 2B
.0212 through .0215].
9. if concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact between curing concrete and stream water. Water that inadvertently
contacts uncured concrete should not be discharged to surface waters due to the potential for
elevated pH and possible aquatic life /fish kills.
10. Compensatory Mitigation
Isolated Wetlands General Permit (IWGP100000)
State General Permit No. IWGP100000
In accordance with 15A NCAC 2H .0506 (h), compensatory mitigation may be required for
losses of 150 linear feet or more of streams and /or one (1) acre or more of total wetland
impacts, including all impacts to 404 and non -404 wetlands (see attached examples "Wetland
Impact Types and Compensatory Mitigation). For linear, public transportation projects,
impacts equal to or exceeding 150 linear feet per stream shall require mitigation.
Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and
intermittent stream impacts in watersheds classified as ORW, HQW, Trout, WS -1 and WS-11.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for buffer impacts resulting from activities classified as "Allowable with Mitigation"
within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer
Rules.
A determination of buffer, wetland and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide Permit. Design and monitoring
protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation
Guidelines (April 2003), or its subsequent updates. Compensatory mitigation plans shall be
submitted for written Division approval as required in those protocols. Alternatively, the
Division will accept payment into an in -lieu fee program or credit purchase from a mitigation
bank.
Finally, the mitigation plan must be implemented and /or constructed before any permanent
building or structure on site is occupied. In the case of public road projects, the mitigation
plan must be implemented before the road is opened to the public. Proof of payment to an
in -lieu fee program or mitigation bank must be provided to the Division to satisfy this
requirement.
11. For all activities requiring re- alignment of streams, a stream relocation plan must be included
for written Division approval. Relocated stream designs should include the same dimensions,
patterns and profiles as the existing channel (or a stable reference reach if the existing
channel is unstable), to the maximum extent practical. The new channel should be
constructed in the dry and water shall not be turned into the new channel until the banks are
stabilized. Vegetation used for bank stabilization shall be limited to native woody species,
and should include establishment of a 30 -foot wide wooded and an adjacent 20 -foot wide
vegetated buffer on both sides of the relocated channel to the maximum extent practical. A
transitional phase incorporating appropriate erosion control matting materials and seedling
establishment is allowable. Rip -rap, A- Jacks, concrete, gabions or other hard structures may
be allowed if it is necessary to maintain the physical integrity of the stream; however, the
applicant must provide written justification and any calculations used to determine the extent
of rip -rap coverage. Please note that if the stream relocation is conducted as a stream
restoration as defined in the US Army Corps of Engineers Wilmington District, April 2003
Stream Mitigation Guidelines (or its subsequent updates), the restored length can be used as
compensatory mitigation for the impacts resulting from the relocation.
12. Stormwater Management Plan Requirements
A. For applicants other than the North Carolina Department of Transportation, a Stormwater
Management Plan in accordance with the version of Stormwater Management Plan (SMP)
Requirements for Applicants other than the North Carolina Department of Transportation
posted on the Division web site at the time of application shall be provided for any project that
meets both of the following two criteria:
Isolated Wetlands General Permit (IWGP100000)
State General Permit No. IWGP100000
i. Requires a 404 Permit or Isolated Wetlands Permit (regardless of whether
written authorization is required by the Division), AND
ii. Contains one or more drainage areas that are anticipated to have impervious
surface cover of equal to or greater than 24 percent. When drainage areas are
difficult to delineate or when a pocket of high density exists within a drainage
area, the Division shall use best professional judgment to apply the SMP
requirement as appropriate.
B. For the North Carolina Department of Transportation, compliance with NCDOT's
Individual NPDES permit NC S000250 shall serve to satisfy this condition.
13. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are riot altered and allow for aquatic life movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert. Placement of culverts
and other structures in waters and streams must be placed below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent
of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways or other fill projects are constructed across FEMA- designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
If site- specific topographic constraints preclude the ability to bury the culverts as described
above and /or the applicant can demonstrate that burying the culvert would result in
destabilization of the channel and head - cutting upstream, the Division will consider
alternative design proposals.
Any riprap required for normal pipe burial and stabilization shall be buried such that the
original stream elevation is restored and maintained.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of riprap or other bank hardening
methods.
14. Additional site- specific conditions may be added to the written approval letter for projects
proposed under this General Permit In order to ensure compliance with all applicable water
quality and effluent standards.
15. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Permit is not valid until a Finding of No Significant
Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse.
16. If this General Permit is used to access building sites, then all lots owned by the applicant
must be buildable without additional impacts to streams or wetlands. The applicant is
required to provide evidence that the lots are buildable without requiring additional impacts to
wetlands, waters or buffers if required to do so in writing by the Division. For road
Isolated Wetlands General Permit (IWGP100000)
State General Permit No. IWGP100000
construction purposes, this Permit shall only be utilized frorn natural high ground to natural
high ground.
17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place at the time of recording of
the property, or of individual lots, whichever is appropriate. A sample deed notification can
be downloaded from the 401/Wetlands Unit web site at http: / /h2o.enr.state.nc.us /ncwetlands.
The text of the sample deed notification may be modified as appropriate to suit to a specific
project.
18. When written authorization is required for use of this permit, upon completion of all permitted
impacts included within the approval and any subsequent modifications, the applicant shall
be required to return the certificate of completion attached to the approval. One copy of the
certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center,
Raleigh, NC, 27699 -1650.
19. This General Permit shall expire five (5) years from the date of issuance of the written
letter from the Division. The conditions in effect on the date of issuance of Certification for a
specific project shall remain in effect for the life of the project, regardless of the expiration
date of this Permit.
20. The applicant /permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Permit.
The Permit is not transferable to any person or entity except after notice to and written approval
by the Director. The Director may require modification or revocation and reissuance of the Permit
to change the name and incorporate such other requirements as may be necessary. A formal
permit request must be submitted to the Division of Water Quality accompanied by the
appropriate fee, documentation from both parties involved, and other supporting materials as may
be appropriate. The approval of this request will be considered on its merits, and may or may not
be approved.
The issuance of this Permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances which may be imposed by other governments agencies
(local, state, and federal) which have jurisdiction. If any of those permits results in revisions to
the plans, a permit modification must be submitted.
The permittee grants permission to DFNR Staff to enter the property during business hours for
the purposes of inspections and compliance review.
Non - compliance with or violation of the conditions herein set forth by a specific fill project may
result in revocation of this General Permit for the project and may also result in criminal and /or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity, if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Isolated Wetlands General Permit (IWGP100000)
State General Permit No. IWGP1OOOOO
Public hearings may be held for specific applications or group of applications prior to a Permit
decision if deemed in the public's best interest by the Director of the North Carolina Division of
Water Quality.
Effective date: October 31, 2008
DIVISION OF WATER QUALITY
By
Coleen H. Sullins
Director
History Note: This Isolated Wetlands General Permit replaces the Isolated Wetlands General
Permit (IWGP100000) issued on October 3, 2003. This General Permit is rescinded five (5)
years from the effective date or unless otherwise rescinded or until deemed appropriate by the
Director of the Division of Water Quality.
Isolated Wetlands General Permit (IWGP100000)
State General Permit No. lWGP100000
Example 1: Wetland Impacts and Compensatory Mitigation
In this case, the applicant proposes to fill .95 acre of 404 wetlands and .40 acre of
Isolated wetlands. Since the Isolated impact is over the IWGP10000 threshold,
written concurrence is required for the Isolated fill, in addition to the 404 fill. The
applicant should note both impacts on the PCN and seek the Isolated General
Permit AND the appropriate General Certification. Compensatory mitigation is
required since total wetland impacts exceed one (1) acre.
Isolated Wetlands General Permit (IWGP100000) 10
State General Permit No. IWGP100000
Example 2: Wetland Impacts and Compensatory Mitigation
In this case, the applicant proposes to fill .95 acre of 404 wetlands and .08 acre of
Isolated wetlands. Since the Isolated impact is under the IWGP100000 threshold,
written concurrence is not required for the Isolated fill. However, this impact should
be noted on the PCN submitted for written concurrence on the 404 wetland fill.
Compensatory mitigation its required since total wetland impacts exceed one (1) acre.
Isolated Wetlands General Permit (IWGP100000) 11
DWQ Project No.:
Applicant:
Project Name:
County:
Date of Issuance of 401 Water Quality Certification:
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 this certificate to the 401 /Wetlands Unit, North Carolina Division
of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650_ This form may be returned to DWQ by the applicant,
the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
1, _, hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Agent's Certification
Date:
1, _, hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer, Landscape
Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time)
the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N Salisbury St Floor 9 Raleigh North Carolina 27603
Phone: 919-807-63011 FAX 919 -807 -6494
Internet: www.ncwaterquality.org
An Equal Opportunity k! "firmative Aciion Employer
Registration No.
NonrthCarolina
N
W E'
URDETTE LAND CONSULTING , INC.
10212 Creedmoor Road - Raleigh, North Carolina 27615
Telephone (919) 841 -9977 — Fax (919) 841 -9909
S
December 14, 2011
Ms. Belinda Henson
Surface Water Protection Section
NC Division of Water Quality
225 Green Street, Suite 714
Fayetteville, North Carolina 28301 -5043
RE: Additional Information
Cypress Pointe Subdivision
Johnsonville, Harnett County, North Carolina
BLC Project #: 11338
NCDWQ Project #: 11 -0997
Dear Ms. Higgins:
We received your agency's letter dated December 1, 2011 requesting additional
information regarding the application submitted for the subject project. Each request is
restated and addressed below. The PCN application and impact maps were revised
accordingly and are attached.
Impact Justification (Avoidance and Minimization)
a. Under Section D.1. "Avoidance and Minimization " of your application
you did not provide a `justification "for the impacts as requested within
this section. Impacts labeled "Impact #2, Impact #3, and Impact #4 do
not appear to be necessary for lots 16, 17 and 18 to be useable lots.
Utility easements for onsite wastewater systems do not necessitate the
amount offill proposed in your application. I'lease eliminate or reduce
these impacts or provide additional information as to why they are
necessary for this project.
The applicant has further minimized the impacts proposed as shown on the
attached and revised Surface Water and Wetlands Impact Map. An
additional 0.026 acre of impact previously proposed for septic system
flexibility on Lot 16 has been avoided by planning the system alignment
Ms. Henson
BLC Project # 11338
December 14, 2011
Page 2 of 2
around the wetland area. The impacts previously proposed for Lots 17
and 18 have been further minimized by 0.036 acre, which is 27 percent
more minimization than previously proposed. On both lots, the applicant
requests permanent fill across the isolated wetland to provide not only
septic and vehicle access, but to also provide a visible and usable
connection to a significant portion of the lot separated from the house site
by the isolated wetland. We also request additional permanent fill for Lot
17 to allow adequate space for house site adjustment and a deck and /or
patio due to the limited space available for the house site on this lot. The
applicant believes further minimization on Lots 17 and 18 would restrict
the future homeowners' ability to fully use a significant portion of their lot
by limiting the visual connection to the home site.
2. Please provide a copy of the Notification of Jurisdictional Determination from the
US Army Corps of Engineers.
A copy of the Notification of Jurisdictional Determination dated
December 5, 2011 from the US Army Corps of Engineers is attached.
Upon revision, the project would permanently impact a total of 0.211 acre of isolated
wetlands. If you have any questions about the additional information provided, please do
not hesitate to contact me.
Sincerely,
Burdette Land Consulting, Inc.
Jennifer ' Burdette
Environmental Specialist
Attachments
PCN Application Form revised 12/14/11
Impact Maps revised 12/12/11
USACE Notification of Jurisdictional Determination 12/5/11
c: Shari Padgett — D.R. Horton, Inc.
Kenneth W. Goetze — Deacon Development CP, LLC — via email
Karen Higgins — Wetlands, Buffers and Stormwater Compliance and Permitting Unit
Chad Turlington — NCDWQ Fayetteville Regional Office — via email
Jim Wiley — Beacon Street Development Co., Inc. — via email
NA ip�i'
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
❑ Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps?
❑ Yes
❑ No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
❑ 401 Water Quality Certification — Regular ® Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ❑ No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
® Yes
® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
®No
2. Project Information
2a. Name of project:
Cypress Pointe Subdivision
2b. County:
Harnett
2c. Nearest municipality/ town:
Johnsonville
2d. Subdivision name:
Cypress Pointe
2e. NCDOT only, T.I.P. or state
project no:
NA
3. Owner Information
3a. Name(s) on Recorded Deed:
Deacon Development CP, LLC
3b. Deed Book and Page No.
DB 2240, PG 293
3c. Responsible Party (for LLC if
applicable):
Kenneth Goetze
3d. Street address:
P O Box 400
3e. City, state, zip:
Rolesville, NC 27571
3f. Telephone no.:
(919) 562 -6937
3g. Fax no.:
(919) 562 -6938
3h. Email address:
kwgoetze @dnet.net
Page 1 of 9
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
KArea pact
Perma nent (P) or
(if known)
DWQ — non -404, other)
)
Temporary
W1 ®P ❑ T
road /lot fill
headwater forest
® Yes
❑ No
❑ Corps
® DWQ
0.115
W2 ®P ❑ T
lot fill
headwater forest
® Yes
❑ No
❑ Corps
® DWQ
0.052
W3 ®P ❑ T
lot fill
headwater forest
® Yes
❑ No
❑ Corps
® DWQ
0.043
2g. Total wetland impacts
0.211
2h. Comments: BLC believes that wetland mitigation should not be required because the total proposed isolated wetland
impact of 0.211 acre does not exceed NCDWQ's 1 -acre threshold for wetland mitigation.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
NA
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments:
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary
01 ❑P ❑T
NA
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
Page 4 of 9
PCN Form — Version 1.3 December 10, 2008 Version
5a.
5b.
5c.
5d.
5e.
Pond ID
Proposed use or purpose
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
number
of pond
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
NA
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar - Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
impact
required?
B1 ❑P ❑T
NA
❑Yes
❑ No
6h. Total buffer impacts
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The applicant requested BLC delineate the wetlands present on the site and worked to avoided isolated wetland areas except
where necessary to obtain full use of proposed lots.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The builder will use sediment and erosion control measures in accordance with Harnett County's development ordinance to
minimize the impacts of construction on the adjacent wetlands.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
❑ Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
El bank
2c. If yes, which mitigation option will be used for this
❑ Payment in
project?
to -lieu fee program
❑ Permittee Responsible Mitigation
Page 5 of 9
PCN Form — Version 1.3 December 10, 2008 Version
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