20070503 Ver 2_Approval Letter_20070531

o~a~ w a r~9Q~
~ ~
© "~
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 31, 2007
DWQ EXP No. 07-0503v2
Wake County
Wake County Public School System
Attn: Timothy Driscoll
Planning and Construction Department
1551 Rock Quarry Road
Raleigh, NC 27610
Subject Properly: Mills Park Elementary School (E-22 school and access road)
UT to Panther Creek [030605, 16-41-1-17-3, WS-IV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions-EXPRESS REVIEW
PROGRAM
Dear Mr. Driscoll:
You have our approval, in accordance with the attached conditions and those listed below, to impact
0.491 acres of 404/jurisdictional wetland and 259 linear feet of perennial stream, to construct the above-
referenced project as described within your amended Pre-Construction Notification Application received
by the NC Division of Water Quality on May 30, 2007. The impacts are covered by General Water
Quality Certification Number(s) 3631 (GC3631). The Certification(s) allows you to use Nationwide
Permit(s) 39 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 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 1 SA
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
Water Quality Certification No. 3631 as well as the additional conditions listed below.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Cazolina 27699-1650
2321 Crabtree Boulevazd, Suite 250, Raleigh, North Cazolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o:enr.state.nc.us/ncwetlands
N n° hCarolina
~atura!!r~
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

Mills Park Elementary School
Page 2 of 4
May 31, 2007
The Additional Conditions of the Certification are:
1. Impacts A rpp oved
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:
Impact Type Amount (Units) Reference
404 Wetland 0.491 acres Ma 30, 2007 PCN a e 5 of 11
Stream erennial 259 linear feet) Ma 30, 2007 PCN a e 6 of 11
2. Compensato Miti ation C EEP)
Under the requirements of this General Certification, you are required to mitigate for impacts to streams
and jurisdictional wetlands.
We understand that you have requested mitigation through a payment to the NC Ecosystem
Enhancement Program (EEP) to meet your 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 (919) 715-
0476 if you have any questions concerning payment into a restoration fund. For accounting
purposes, the following compensatory mitigation may be requested 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 518 Ca e Fear 03030002
Wetlands 1.0 (acre)
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.
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.
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:
a. 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.
b. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.

Mills Park Elementary School
Page 3 of 4
May 31, 2007
Construction Stormwater Permit NCGO 10000
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
httn.'//h2o. enr.state. nc. us/sa~/Forms Documents. htm.
6. 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, 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 devices 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.
Work in the Drv
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.
8. 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 GC 3631.
9. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and riparian buffers in order to assure compliance for future wetland, water and riparian buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands and/or waters
approved for impact under this Certification Approval and/or Isolated Wetlands Permit.
10. DWQ-Approved Written Stormwater Management Plan
The final, written stormwater management plans (including a signed and notarized Operation and
Maintenance Agreement) submitted to DWQ on May 21, 2007, and modifications to the bioretention
cell designs received by DWQ on May 30, 2007, must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building is occupied
at the subject site. The structural stormwater practices as approved by this Office as well as drainage
patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be
made without written authorization from the Division of Water Quality.
11. 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

Mills Park Elementary School
Page 4 of 4
May 31, 2007
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. Please send
photographs upstream and downstream of the culvert site to document correct installation along with
the Certificate of Completion form
12. 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.
13. 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 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. If you have any questions, please telephone Lia Myott or Cynthia Van Der Wiele at 919-733-
1786.
A WK/cvdw
Enclosures: GC 3631
Certificate of Completion
NC EEP Form
Sincer}ely,
f `
Alan W. Klimek, P.E.
cc: USACE Raleigh Regulatory Field Office
Michael Horan, DWQ Raleigh Regional Office
John Holley, DLR Raleigh Regional Office
NC Ecosystem Enhancement Program
File Copy
Central Files
Christopher J. Burkhardt, Froehling & Robertson, 310 Hubert St., Raleigh, NC 27603