20160199 Ver 1_Approval Letter_20160809

WaterResources
ENVIRONMENTAL QUALCTY
Pender County Schools
Attn: Mr. Kenneth Fuller
925 Penderlea Highway
Burgaw, NC 28425
P AT M CCR 0 R Y
DONALD R. VAN DER VAART
Secrewn
S, JAY ZIMMERMAN
Director
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Surf City K-8 School, Surf City
USACE Action ID. No. SAW -2016-00507
Dear Mr. Fuller:
Attached hereto is a copy of Certification No. 4068 issued to Kenneth Fuller and Pender County
Schools, dated August 9, 2016. Please note that you should get any other federal, state or local
permits before proceeding with the subject project, including those required by (but not limited
to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations,
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at (9 19) 431-3000 for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
State of North Carolina i IL nvironinental Quality I Water Resoutces
1617 Matt Service Cemer i Raleigh, North Carolina 27699d1517
919 807 6300

If sending via US Postal Service:
6714 Mail Service Center
Raleigh, NC 27699-6714
Pender County Schools
Individual Certification H4068
Page 2 of 9
August 11, 2016
;;;; L17 I - .
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
%
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Joanne Steenhuis at 910.796.7306 or
joanne.SteL�n gif t (�L)Cd rl,r. hg
,v if you have any questions or concerns.
__ _y
M8=
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Attachments
cc: Kim Williams — Land Management Group, Inc. — electronic copy
Emily Greer — USACE Wilmington Regulatory Field Office — electronic copy
Todd Bowers — EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
Trentt James — WiRO DEMLR — electronic copy
DWR WiRO 401 file
II 401 & Buffer Permitting Branch file
FlIename: 20160199SurfCityK-8school(Pender)-401—IC.docx

Pender County Schools
Individual Certification #4068
Page 3 of 9
August 11, 2016
CERTIFICATION #4068 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carohna's Regulations in 15A NCAC
02H .0500, to Kenneth Fuller and Pender County Schools, who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on February 29, 2016 and subsequent information on June 24, 2016, July 27,
2016 and August 5, 2016 and by Public Notice issued by the U. S. Army Corps of Engineers and
received by the Division on March 21, 2016.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved provided that all of the conditions of the
Certification are met, No other impacts are approved, including incidental or temporary
impacts. [15A NCAC 02B 0506(b) & (c)]
Amount Approved (Units)
. . . . .......................................
Plan Location or Reference
StreamN/A
404/401 Wetlands
Permanent Temporary
. . . . . . . . ... ................ .
Impact A
0.424 ac N/A
Wetland Impacts Map
Impact B
0.537 ac N/A
(attached)
Impact C
0.698 ac N/A
C-300, C-301, C-302, C-303,
Impact D
0.272 ac
C-304, C-310, C-311, C-312,
Impact E
0.204 ac
C-313, C-314, C-315, C-316,
Impact F
0.816 ac
C-317, C-318 (attached)
Impact G
0.006 ac
Details for road cross
Impact H1
1.790 ac
sections at Wetland
Impact H2
1.081 ac
Impacts (impact D), Typical
Impact 1
0.152 ac
Cross Section (Impacts E &
Impact J
0.516 ac
Q, Typical Cross Section
Impact L
0,072 ac
(Impacts F, G & H), Typical
Impact M
0.153 ac
Cross Section (Impacts M &
Impact Q
0.459 ac
0), Typical Cross Section
Impact R
0.026 ac
(impact J) (2 pages
.. . ........ . .
. . . ............................. . .. .
attached)

Pender County Schools
Ondividua6 Certification #4068
Page 4 of 9
ALIgUSt 11, 2016
. . . . . .. . .............. .. . . .
TOTAL IMPACTS 7.206 ac*
. ............................... __ ................... . . . .......... . . . ... . .....
Isolated Wetlands Permanent Temporary
Impact K 0.041 ac Wetland impact map
TOTAL ISOLATED IMPACTS 0.041 ac* (attached)
*Total cumulative wetland impacts for this project is 7.247 acres
Pre Construction Meeting Required
The permittee shall notify the Division in writing prior to the beginning of the work
authorized under this certification. A pre -construction meeting must be held with the
Division prior to the start of the project phases so that the contractors and/or agents fully
understand the conditions associated with this certification. [15A NCAC 02H .0507 (c) and
15A NCAC 02H .0502 (e)] Please contact Joanne Steenhuis at 910.796.7306 or via e-mail at
Joanne,Steenh.gis at the Wilmington Regional Office to set up the meeting.
.­­ ..... . .. . .... - _'_­_'­­­ . . ... .... ... ..... @,qj� U -
3. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the Northeast Cape Fear Mitigation Bank to
meet this mitigation requirement. Until the Northeast Cape Fear Mitigation Bank receives
and clears your payment, and proof of payment has been provided to this Office, no
impacts specified in this Authorization Certificate shall occur. For accounting purposes, this
Authorization Certificate authorizes payment to the Northeast Cape Fear Mitigation Bank to
meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6) and
(15A NCAC 02B .0506(h)]
4. Stormwater Management Plan
You are required to provide one copy of the stormwater management plan (SMP) approval
letter from the Division of Energy, Mining and Land Resources (DEMLR) to the DWR 401 &
Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any
impacts authorized in this certification occur. The project must be constructed and
maintained in compliance with the approved SMP. After the approval letter is submitted to
the Division, the SMP may not be modified without prior written authorization from DEMLR.
If the SMP is modified in the future, then you shall provide an approval letter for the
modifications to the DWR 401 & Buffer Permitting Unit prior to the commencement of the
modifications. [15A NCAC 02H .0506(b)(5)]
Compensatory
Mitigation Required
River & Sub -
basin Number
Stream
N/A
acres
WO 03030001
-Wetlands7.206
Waters
N/A
Buffers
LN/A
4. Stormwater Management Plan
You are required to provide one copy of the stormwater management plan (SMP) approval
letter from the Division of Energy, Mining and Land Resources (DEMLR) to the DWR 401 &
Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any
impacts authorized in this certification occur. The project must be constructed and
maintained in compliance with the approved SMP. After the approval letter is submitted to
the Division, the SMP may not be modified without prior written authorization from DEMLR.
If the SMP is modified in the future, then you shall provide an approval letter for the
modifications to the DWR 401 & Buffer Permitting Unit prior to the commencement of the
modifications. [15A NCAC 02H .0506(b)(5)]

Pender County Schools
Individual CertificatOn #4068
Page 5 of 9
AUgUSt 11, 2016
5No 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 for this
project. 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.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit. [15A NCAC 02H .0501 and .0502]
6. Sediment and Erosion Control
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. if applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]:
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. For PA, SA, HQW waters. The sediment and erosion control designs must comply
with the requirements set forth in 15A NCAC 04B.0124 Design Standards in Sensitive
Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written 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, stream beds, or
banks, adjacent to or upstream and downstream 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 Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project. [15A NCAC 02H
.0501 and .0502]

P"ender County Schools
Individual Certification #4068
Page 6 of 9
August 11, 2016
7. Appropriate measures should be installed prior to any land clearing activities to protect
waters and wetlands from turbidity and/ or sedimentation. These measures should be
routinely inspected and properly maintained, and excavated materials should be contained
outside the wetland boundary. Excessive silt and sediment loads can have numerous
r• effects on aquatic resources including destruction • •. .•
suffocation of eggs, and clogging of gills of aquatic species, [15A NCAC 02H 0506 (b)(3) and
(c)(3)]
8. Natural fiber matting is recommended for slope stabilization around wetland areas over
plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2))
9. Protective Fencing
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property until
the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H
.0507 (c)]
10. The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 02B .0220. Appropriate sediment and erosion control practices
must be used to meet this standard. [15A NCAC 0213.0221]
Note that the waters (Becky's Creek) around your project area have been identified by the
Division of Marine Fisheries as Primary Nursery Area (PNA).
11. Construction Plans
Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction plans.
[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)]
12. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this Certification. A copy of this Certification,
including all conditions shall be available at the project site during the construction and
maintenance of this project, [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)]

Pender County Schools
Individual Certification #4068
Page 7 of 9
August 11, 2016
13. Construction • Permit NCG110000
An NPDES
• • Permit is required • construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record
keeping and -•• -• is required. A •r • the general permit
(NCG010000), inspection log sheets, and other information may be found at:
http:// ortal,ncdenr.org/web/­wq/­`wsZsu/n_pdess L/v#tgb-w. 15A NCAC 02H .0506(b)(5) and
(c) (5)]
14. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills, [15A NCAC 02B .0200]
15. Fueling, lubrication and general equipment maintenance should not take place within 50 feet
of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506
(b)(3) and (c)(3) and 15A NCAC 0213.0200 (3)(f)]
16. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon
or chemical spill, the permittee/contractor shall immediately contact the Division of Water
Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at
910.796.7306 and after hours and on weekends call [phone]. Management of such
spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f),
and GS 143 Article 21A)
17, 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. Culverts in wetlands are to be laid across
natural ground level and do not require rip rap unless flows are to exceed 2 cfs. If the culverts
are to be buried, due to cover constraints, the excess excavation areas are to be restored to
original grade and rip rap shall be "keyed in" and restricted to the area directly impacted by
the approved construction activity.

Pender County Schools
Individual Certification #4068
Page 8 of 9
August 11, 2016
The establishment of native, woody vegetation and other soft stabilization techniques must
be used where practicable instead of rip rap or other bank hardening methods.
On-site field adjustments of the culverts placements may be necessary to correctly install the
pipes. Additional on-site adjustments, that can or will reduce the wetland impacts can also be
done for the project. [15A NCAC 02H.506 (b)(2)]
18. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers within the project boundaries 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 &Buffer Permitting Branch
website at http://portal.ncdenr.org/web/wq/swp/"wsZ40l/certsandoermits/apply/`forms. The
text of the sample deed notification may be modified as appropriate to suit to this project.
Documentation of deed notifications shall be provided to the Division upon request. [15A
NCAC 02H .0501 and .0502]
19. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
20. Continuing Compliance
Kenneth Fuller and Pender County Schools and their authorized agents and/or contractors
shall conduct construction activities in a manner consistent with State water quality standards
(including any requirements resulting from compliance with section 303(d) of the Clean Water
Act) and any other appropriate requirements of State and Federal law. [15A NCAC 02B .0200]
If the Division determines that such standards or laws are not being met (including the failure
to sustain a designated or achieved use) or that State or federal law is being violated, or that
further conditions are necessary to assure compliance, the Division may reevaluate and
modify this Certification. Before modifying the Certification, the Division shall notify Kenneth
Fuller and Pender County Schools and their authorized agents and/or contractors and the U.S.
Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and
provide opportunity for public hearing in accordance with 15A NCAC 02H .0504, Any new or
revised conditions shall be provided to Kenneth Fuller and Pender County Schools and their
authorized agents and/or contractors in writing, shall be provided to the U.S. Army Corps of
Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act,
and shall also become conditions of the 404 Permit for the project.

fender County Schools
Individual Certification #4068
Page 9 of 9
August 11, 2016
21. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification, If you change your project, you must niot�ify
the Division and you may be required to submit a new application package with the
appropriate fee, If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions, Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
05021
22. Within 60 calendar days of completion of construction, as -built drawings (which can be
shown on an aerial or done as a survey) shall be submitted to both the Division of Water
Quality, 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh NC 27699-1617 and
to the Wilmington Regional Office, [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2)
and (c)(2)]
23. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at: http:Z/portal.nc
[15A NCAC 02H.0502(f))
24. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours, [15A NCAC 02H .0502(e)]
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, The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H.0506]
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 9th day of August 2016
L
Karen Higgins, Supervisor
401 & Buffer Permitting Branch

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