20091262 Ver 2_Approval Letter_20100301

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 1, 2010
Nash - Rocky Mount Board of Education
Attn: Mr. Mark Strickland
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]
Nash County
DWQ EXP#: 09-1262v2
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 1,050 square feet of Zone 1 Tar-Pamlico River basin protected riparian buffers
and 700 square feet of Zone 2 Tar-Pamlico River basin protected riparian buffers, as described in your
application dated February 23, 2010, and received by the Division of Water Quality (DWQ) on February
26, 2010, with additional information received on February 23, 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 Certificate for 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 CAM Permit.
This approval is for the purpose and design that you described in your PCN application (received
February 26, 2010) with additional information received by DWQ on February 23, 2010. 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 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 Certifications (GC3705) and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
401 OversighVExpress 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.uslncwetiands/
NorthCarohna
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An Equal Opportunity 1 Affirmative Action Employer
Nash - Rocky Mount Board of Education
Page 2 of 5
March 1, 2010
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 Approved (Units) Plan Location or Reference
404/Wetland 0.138 acres PCN Februar y 23, 2010, . 5 of 11
Stream (perennial) 10 linear feet - permanent PCN Februar y 23, 2010, . 5 of 11
Stream intermittent 271 linear feet) - permanent PCN bruar y 23, 2010, . 5 of 11
Buffers Zone 1 1,050 (square ft. PCN Februar y 26, 2010, . 6 of 11
Buffers Zone 2 700 (square ft.) PCN Februar y 26, 2010, . 6 of 11
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.
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.
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. 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 al'. construction sites, borrow sites, and •,vaste 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 (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 hto: //h2o. enr. state. nc. us/su/Forms Documents. htm.
Nash - Rocky Mount Board of Education
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March 1, 2010
6. If concrete is used during the construction, then a dry work area should be maintained to prevent
direct contact 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.
7. 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 3704.
Mitigation:
8. 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 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 Required River and Sub-basin Number
Stream 281(linear feet) Tar-Pamlico/03020101
9. Diffuse Flow (DWQ Reviewed Plans)
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B.0259(5)
In an effort to comply with the diffuse flow provisions of the Buffer Rule (15A NCAC 02B
.0259(5)), you have provided the DWQ with drainage and grading plans dated February 23, 2010
(Engineer's Sealed Date) and received on February 23, 2010, with revisions dated February 25,
2010 received on February 26, 2010. The approved devices consist of two (2) wet detention
ponds (one discharging to a DOT ditch, and the other through a swale to a scour hole-level
spreader system), and three (3) bioretention cells (one discharging into a DOT ditch to the City of
Rocky Mount drainage system; one through a ditch into adjacent wetland; and one with direct
discharge to the stream). The DWQ believes that, if implemented as per the final plans, the
diffuse flow requirement will be achieved. At no time shall stormwater from other areas of the
proposed development be piped directly through the buffer without prior DWQ written
authorization.
The Operation & Maintenance (O&M) agreement(s) for the proposed Scour Hole - Level
Spreader System signed by Mr. Mark Strickland on February 23, 2010, as well those required by
the City of Rocky Mount must transfer with the sale of the land or transfer of responsibility for
the stormwater facilities. DWQ must be notified promptly of every transfer.
Nash - Rocky Mount Board of Education
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March 1, 2010
10. Stormwater Management Plan (SMP)
The DWQ received a SMP approval letter dated November 18, 2009 from the City of Rocky
Mount as part of your application package received on February 23, 2010. Since revisions were
made to meet the diffuse flow requirements, the DWQ requires that a new approval letter must be
submitted to this office before any impacts authorized by this certification may occur.
If the City of Rocky Mount requires additional changes to the approved Stormwater Management
Plan, then one (1) copy of the SMP (along with a City of Rocky Mount approval letter) for this
project must be submitted to this office before any impacts authorized by this certification may
occur.
The structural stormwater practices as approved by the City of Rocky Mount and the DWQ, 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. Stormwater easements shall be recorded for a distance of at least 10 feet on each side of
all stormwater conveyances, and on all lots containing these structures including future access for
maintenance. The stormwater easements shall allow for the ability to inspect and maintain the
structures, perform corrective actions as described above and shall provide protection of the
structures from potential alternations by future property owners. Please note that DWQ retains
the authority to supercede local stormwater approvals on a case-by-case basis when it deems
necessary with the approval of the Director of the Division of Water Quality.
11. 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://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms. The text of the sample
deed notification may be modified as appropriate to suit to this project.
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. 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 401 Oversight/Express Review
Permitting Unit, 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
Nash - Rocky Mount Board of Education
Page 5 of 5
March 1, 2010
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 (30) 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 Office of Administrative Hearings
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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], 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 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 Lia Myott Gilleski or Joseph Gyamfi at 919-733-
1786.
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Enclosures: Certificate of Completion
GC 3705
Tite".At
64 Teen H. Sullins
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
File: 091262v2RockyMountHighSchool(Nash)401(NW39)TPBAuth.doc
Beverly Eaves Perdue
Governor
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HCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
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 1,050 square feet of Zone 1 Tar-Pamlico River basin protected riparian buffers and 700 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 #: 20091262v2
LOCATION: Rocky Mount
COUNTY Nash
BASIN/ SUB BASIN Tar-Pamlico/03020101
As required by 15A NCAC 214.0500, 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: 091262v2RockyMountHighSchool(Nash)401_TPBR_EEP.doc
401 Oversight/Express Review Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NorthCarolina
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
An Equal opportunity 1 Affirmative Action Employer