20061085 Ver 2_Approval Letter_20070112

O~O~ W A T ~9pG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Cazolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 12, 2007
DWQ EXP No. 06-1085v2
Union County
Union County Schools
Attn: Mr. Donald Hughes
116 North Main Street
Monroe, NC 28112
Subject Property: Elementary School "G"
UT to Six Mile Creek [030838, 11-138-3, C]
Approval of 401 Water Quality Certification with Additional Conditions EXPRESS REVIEW
PROGRAM
Dear Mr. Hughes:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.143 acres of wetlands and 529.31 linear feet of stream €or the purpose of
constructing the above-referenced project, as described within your Pre-construction Notification
Application dated October 24, 2006 and additional information dated October 30, November 15,
November 17, November 28 and December 22, 2006. The impacts are covered by General Water Quality
Certification Number 3402 (GC3402). This Certification allows you to use Nationwide Permit NW39
when issued by the US Army Corps of Engineers (USAGE). In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit.
This approval is for the purpose and design that you described in your application and revised stormwater
management plan design calculations. If you change your project, you must notify us and you may be
required to send us a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all conditions. If total fills
for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval
requires you to follow the conditions listed in the attached Water Quality Certification (GC 3402)
and any additional conditions listed below.
401 OversighUExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Cazolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.nc.us/ncwetlands
Nye hCarolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Elementary School "G"
DWQ No. 06-1085v2
Page 2 of 4
January 12, 2007
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification are met. No other impacts are approved including incidental impacts:
Im act T e Amount A roved nits Plan Location or Re erence
Wetland 1 0.14 (ac October 24, 2006 PCN . 8
Wetland 2 0.002 (ac October 24, 2006 PCN . 8
Wetland 3 0.001 ac October 24, 2006 PCN . 8
Stream 1 284.00 (lf) October 24, 2006 PCN . 8
Stream 2 177.5 1 October 24, 2006 PCN . 8
Tem Stream 1 14.98 (lf) October 24, 2006 PCN . 8
Tem Stream 2 26.08 1 October 24, 2006 PCN . 8
Tem Stream 3 26.75 (lf) October 24, 2006 PCN . 8
2. Compensatory Mitigation (NC EEP)
Under the requirements of this General Certification, you are required to mitigate for impacts to the
streams.
The restoration component of your mitigation plan was proposed within your October 24, 2006
application materials as described in the table below. We understand that you have made a payment
to the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. The attached
impact and mitigation summary may be used to make payment to the EEP. The check should be
made payable to: DENR -Ecosystem Enhancement Program Office. The EEP should be contacted at
[phone] if you have any questions concerning payment into a restoration fund. For
accounting purposes, the following compensatory mitigation may be requested of the Stream
Restoration Funds to meet the conditions of the 404 Permit at the discretion of the U.S. Army
Corps of Engineers:
Credits urchased om EEP River + Sub-basin No.
Streams 300 (ft) Catawba 03050103
Until the EEP receives and clears your check, no impacts specified in this Water Quality Certification
and Authorization Certificate shall occur. You have one (1) month from the date of this approval to
make this payment, unless this payment has already been made.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or; fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification and approved by this written
certification. 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.
4. 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:

Elementary School "G"
DWQ No. 06-1085v2
Page 3 of 4
January 12, 2007
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing acid treatment shall be on site at all times.
5. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior written
approval by DWQ. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within two (2) months of the date that
the Division of Land Resources has released the project.
6. Protective Fencing
The outside 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 GC 3402.
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands and
waters in order to assure compliance for future wetland and/or water impact. These mechanisms
shall be put in place prior to impacting any wetlands and/or waters approved for impact under
this Certification Approval.
8. 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 (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing construction
activities as stipulated by conditions in the permit. If your project is covered by this permit
[applicable to construction projects that disturb one (1) or more acres], full compliance with permit
conditions including the sedimentation control plan, self-monitoring, record keeping and reporting
requirements are required. A copy of this permit and monitoring report forms may be found at
http: //h2o. enr. state. nc. us/su/Forms Documents. htm.
9. Written Stormwater Management Plan
The stormwater management plans, as well as the signed and notarized Operation and Maintenance
Agreement dated December 22, 2006, have been approved by the NC Division of Water Quality.
These plans and maintenance agreement must be implemented as designed and approved. The
stormwater management facilities must be constructed and operational before any permanent building
is occupied at the subject site. The structural stonmwater practices as approved by this Office as well
as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater
practices shall be made without written authorization from the Division of Water Quality.

Elementary School "G"
DWQ No. 06-1085v2
Page 4 of 4
January 12, 2007
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
11. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at
the letterhead address within ten (10) days of the commencement of construction.
Violations of any condition herein set forth may result in revocation of this Certification and Buffer
Authorization 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 Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Lia Myott or Cynthia Van Der Wiele at 919-733-1786.
Sincerely,
/(r
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Alan W. Klimek, P.E.
A WK/cvdw
Enclosures: GC 3402
Certificate of Completion
NC Ecosystem Enhancement Program Notification
cc: Amanda Jones, USAGE Asheville Regulatory Field Office
Barry Love, DWQ Mooresville Regional Office
DLR Mooresville Regional Office
NC Ecosystem Enhancement Program
File Copy
Central Files
Heather Crutchfield, Terracon Consultants, Inc., 2020-E Starita Road, Charlotte, NC 28206

WAT~ Michael F. Easley, Governor
~ R
OC~ OG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\
Uj ~, Alan W. Klimek, P.E. Director
~ Division of Water Quality
Gl <
DWQ Project No.: County:
Applicant:
Project Name:
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
I, ,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:
Agent's Certification
I, ,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
I, , 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 Registration No. Date

North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Btvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/