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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 ti 4 a � � _ ,J+ C} , i ' l ^r • > � � ~ � f � ' 'yy '+1 �St � � � c.� � •. /fir f ( t I i{ i 1 � •. , 11 Q , K�l / 4`� ���I�v. �` r' r MI5 i,� � � a� ` t � j f � • �S � , � •,� s i 1 i �' i bl �' I� 1 1 � t l l { E ` S !� • �,^ 1 '^•. 4 t 1 l J } t Z � � N/ r ........ / � t t It / ( if • • f _...__.. I' r ;u �oR A w z orb o Z o m m M2 8 C Q A D m S 8$, H � m�p w ti x i 19 aim ° 5 m d