20091262 Ver 1_Approval Letter_20100217

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 17, 2010
DWQ Project # 09-1262
Nash County
Mr. Mark Strickland
Nash - Rocky Mount Board of Education
930 Eastern Avenue
Nashville, NC 27856
Subject Property: Rocky Mount High School
Ut to Maple Creek [030302,28-66, WSIV, NSW]
Ut to Tar River [030302, 28-(66.5), WSIV, NSW, CA]
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico River
Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions
Dear Mr. Strickland:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.138 acres of 404/wetland, 10 linear feet of perennial stream, 271 linear feet of intermittent
stream, and 600 square feet of Zone 1 Tar-Pamlico River basin protected riparian buffers and 400 square feet of
Zone 2 Tar-Pamlico River basin protected riparian buffers, as described in your application dated November 19,
2009, and received by the Division of Water Quality (DWQ) on November 24, 2009, with additional
information received on January 4, 2010, to construct a high school at the site. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification Number(s)
3705 (GC3705). The Certification(s) allows you to use Nationwide Permit(s) NW39 when issued by the US
Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificatefor
impacts to the protected riparian buffers per 15A NCAC 2B .0259. 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 15A NCAC 2H.0506 (h). This approval
requires you to follow the conditions listed in the attached certification and any additional conditions
listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: hnp://h2o.enr.state.nc.us/ncwetlands/
NorthCarolina
Natura!!ff
An Equal Opportunity 1 Affirmative Action Employer
Nash - Rocky Mount Board of Education
Page 2 of 5
February 17, 2010
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Type of Impact Amount Approved Units Plan Location or Reference
404/Wetland 0.138 (acres) PCN page 5 of 1 I
Stream - perennial 10 (linear feet) PCN page 5 of 11
Stream - intermittent 271 (linear feet) PCN page 5 of 11
Buffers Zone 1 600 (square ft.) PCN page 6 of 11
Buffers Zone 2 400 (square ft.) PCN page 6 of 11
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. 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.
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 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 and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
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;
Miti ag_ tion:
5. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We understand
that you have agreed to provide wetland mitigation for proposed wetland impacts and wish to make a
payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable
Nash - Rocky Mount Board of Education
Page 3 of 5
February 17, 2010
method to meet the mitigation requirement and additional mitigation commitment. Until the EEP'
receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office),
no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at
[phone] if you have any questions concerning payment into a restoration fund. You have 60
days from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the
following compensatory mitigation requirement:
Type of Wetland Compensatory Mitigation Re aired River and Sub-basin Number
Stream 281 (linear feet) Tar-Pamlico/03020101
6. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained to flow in a diffuse
manner at non-erosive velocities through the entire protected stream buffers without re-concentrating. If
this is not possible it may be necessary to provide stormwater facilities that are considered to remove
nitrogen (and phosphorus if in the Tar-Pamlico River Basin). Additionally, a stormwater management
plan for this project shall be provided to this Office before any of the impacts approved herein are
conducted. The plan shall specify all stormwater discharge points, plan details, and calculations to
indicate that diffuse flow through the protected buffers or nitrogen removal as described above will be
achieved.
7. Stormwater Management Plan (SMP) Approval Required
Before the impacts specified in this Certification may occur, the applicant must meet all of the
provisions set forth in the document Stormwater Management Plan (SMP) Requirements for
Applicants other than the North Carolina Department of Transportation, available at:
http://h2o.enr.state.nc.us/ncwetlands/documents/SMPRequirementsforAppI icantsotherthanNCDOT.pdf.
The required SMP documentation must be submitted within 60 days of the issuance of the 401 Water
Quality Certification to the DWQ (401 Oversight and Express Permitting Unit, 2321 Crabtree Blvd.,
Suite 250, Raleigh, NC, 27604).
SMP approval and implementation procedures shall be as follows:
• The SMP must be approved in writing by either the 401 Oversight/Express Unit or, if the project is
subject to another state stormwater program, a copy of the approval letter and approved SMP must be
submitted before any impacts authorized in this certification occur. If a development is phased, then the
SMP for each future phase must approved by the 401 Oversight/Express Unit or, if the project is subject
to another state stormwater program, a copy of the approval letter and approved SMP must be
submitted before any impacts associated with that phase may occur.
• The approved SMP must be constructed and operational before any permanent building or other
structure is occupied at the site. If a development is phased, then the approved SMP for each future
phase must be constructed and operational before any permanent building or other structure associated
with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval authority. If
the SMP falls under another state stormwater program, then a copy of the approval letter and the
modified SMP must be submitted to the 401 Oversight/Express Unit prior to the commencement of the
modifications.
Nash - Rocky Mount Board of Education
Page 4 of 5
February 17, 2010
8. 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 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 this project.
9.'. 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;
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.
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 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-
67!14. This certification and its conditions are final and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer
impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review
asprovided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and
the Tar-Pamlico River basin riparian buffer protection rule as described within 15A NCAC 2B .0259. If you
have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Since ly,
Coleen H. Sullins
CHS/ijm
Enclosures: GC 3705
Certificate of Completion
Nash - Rocky Mount Board of Education
Pag6 5 of 5
February 17, 2010
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
J. Michael Stocks, Stocks Engineering. P.A., 1100 Eastern Avenue, P.O. Box 1108, Nashville, NC 27856
Filename: 091262 RockyMountH igh School (Nash)40I _TPBR
NC®ENtt
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Dee Freeman
Secretary
In accordance with 15A NCAC 02H.1300, Mr. Mark Strickland of Nash - Rocky Mount Board of Education, to fill
or otherwise impact 0.138 acres of 404/wetland, 10 linear feet of perennial stream, 271 linear feet of intermittent
stream, and 600 square feet of Zone 1 Tar-Pamlico River basin protected riparian buffers and 400 square feet of
Zone 2 Tar-Pamlico River basin protected riparian buffers to construct a high school at the site, which is located in
Rocky Mount, Nash County, North Carolina. All activities associated with these authorized impacts must be
conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT
VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
NC EEP NAME Rocky Mount High School
DWQ PROJECT #: 20091262
LOCATION: Rocky Mount
COUNTY Nash
BASIN/ SUB BASIN Tar-Pamlico/03020101
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters
and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the
state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts Mitigation
281 Linear Feet of Stream 281 Linear Feet of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 091262RockyMountHighSchool(Nash)401 _TPBR_EEP
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state,nc.us/ncwetlands/
NorthCarolina
Naturalltf
An Equal Opportunity l Affirmative Action Employer