20090125 Ver 2_Approval Letter_20101230

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
December 30, 2010
Mr. Tim Carr
Durham Public Schools
2011 Hamlin Road
Durham, NC 27704
Dee Freeman
Secretary
DWQ EXP No. 09-0125v2
Durham County
Subject Property: Jordan High School Access Road
UT New Hope Creek [030605,16-41-1-(14), WS-IV, NSW, CA]
Approval of 401 Water Quality Certification and Authorization Certification per the Jordan Lake
Water Supply Watershed Riparian Buffer Protection Rules (15A NCAC 2B .0267) with Additional
Conditions (Modification)
Dear Mr. Carr:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.088 acres of 404 jurisdictional wetland and 0.032 acres of non-404
jurisdictional wetland, 203 linear feet of intermittent stream, 12,532 square feet of Zone 1 Jordan Water
Supply basin protected riparian buffer, and 6,876 square feet of Zone 2 Jordan Water Supply basin
protected riparian buffer, as described in your application dated November 30, 2010, and received by the
Division of Water Quality (DWQ) on December 7, 2010 and additional information received on
December 14, 2010, December 28, 2010, and December 29, 2010 to construct the proposed access drive
at the site. The impacts are covered by General Water Quality Certification Number 3821 (GC3821).
General Certification 3821 allows you to use Nationwide Permit 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 213 .0267. 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:
I . Impacts Approved
401 Civersight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: Archdale Bldg., 512 N. Salisbury St, Raleigh, NC 27604
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq/swp/ws/401
NorthCarolina
A'tllrall f
An Equal Opportunity 1 Affirmative Action Employer
Durham Public Schools
Page 2 of 5
December 30, 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:
Impact Type Amount
Approved (Units) Plan Location or Reference
404/Wetland - permanent 0.088 (acres) Nov. 30, 2010 Wetlands Impacts Table
Non-404/Wetland - permanent 0.032 (acres) Nov. 30, 2010 Wetlands Impacts Table
Stream (intermittent) 203 (linear feet) Nov. 30, 2010 Stream Impacts Table
Riparian buffer (Zone 1) - permanent 12,532 (s q. feet) Nov. 30, 2010 Buffer Impact Table
Riparian buffer (Zone 2) - permanent 6,876 (sq. feet) Nov. 30, 2010 Buffer Impact
Table
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 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 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.
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 3821.
6. Stormwater Management Plan
The final, written stormwater management plans submitted with your PCN form and received by
the NC Division of Water Quality on November 15, 2010 must be implemented prior to any
Durham Public Schools
Page 3 of 5
December 30, 2010
impacts occurring. The approved stormwater best management practice (BMP) device consists of
a bioretention cell and associated appurtenances. The structural stormwater practices as approved
by this Office as well as the 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
stonnwater conveyances, and on all lots containing these structures including future access for
maintenance. The stormwater easements shall allow for the ability to maintain the structures,
perform corrective actions as described above and shall provide protection of the structures from
potential alternations by future property owners.
The schedule of maintenance activities listed in the Operation & Maintenance (O&M) Agreement
for the bioretention cell, signed by the Mr. Hugh Osteen (Assist. Superintendant - Operational
Services) on October 26, 2010, must be followed for effective operation of the BMP device. The
O & M Agreement must transfer with the sale of the land or transfer of responsibility for the
stonnwater facilities. DWQ must be notified promptly of every transfer.
7. Diffuse Flow
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 213.0267 (8).
In an effort to comply with the diffuse flow provisions of the Buffer Rule (15A NCAC 213 .0267
(8)), you have provided the DWQ with stormwater management plan referenced in Condition #6
above. 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.
Buffer Mitigation (EEP)
You are required to mitigate for impacts to the protected riparian buffers. The required area of
mitigation to compensate for 12,532 square feet of impacts to Zone 1 and 6,876 square feet of
impacts to Zone 2 of the protected riparian buffers is 47,910 square feet as required under this
buffer authorization and 15A NCAC 2B .0267. We understand that you wish to make a payment
into the Riparian Buffer 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. In accordance with 15A NCAC 213 .0267,
this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 213
.0267(13)(b). Until the EEP receives and clears your check (made payable to: DENR -
Ecosystem Enhancement Program Office), no impacts specified in this variance authorization
shall occur.. Ms. Kelly Williams should be contacted at [phone] if you have any questions
concerning payment into the EEP. For accounting purposes, this variance authorization
authorizes payment into the Riparian Buffer Restoration Fund to compensate for 47,910 ft2 of
required riparian buffer mitigation for impacts to 19,408 ftZ (Zone 1: 12,532 ft2 and Zone 2: 6,876
ft2) of protected riparian buffers; 03030002, Jordan - Upper New Hope Arm subbasin.
The DWQ will also accept an alternative method of mitigation (including but not limited to
Buffer Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B
.0267) to satisfy this mitigation requirement. If you choose to pursue this option, then you are
required to submit in writing a mitigation plan to the DWQ 401 Oversight/Express Permitting
Durham Public Schools
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December 30, 2010
Unit for review and authorization. No impacts shall occur to the protected buffers until the
mitigation plan is approved by the DWQ.
9. 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.
10. 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
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 OAH 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: [phone]
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
Durham Public Schools
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December 30, 2010
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Jordan Lake Water Supply Watershed Riparian Buffer Protection Rule as described within
15A NCAC 2B .0267. If you have any questions, please telephone Lia Myott Gilleski or Joseph Gyamfi
at 919-807-6301.
CHSlijm/hng
Enclosures: Certificate of Completion
GC 3821
Sincerely,
f' 1? J
?Coleen H. Sullins
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Mr. Bill Mullin, Dr. J. H. Carter III & Associates, Inc., 515-F Midland Rd., Southern Pines, NC
28387
File: 09-0125v2JordanHSAccessDrive(Durham)EXP+401(GC3821)JB12Auth.doc
A NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director
Secretary
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 02H.1300, Mr. Tim Can and Durham County Schools has been approved, to fill or
otherwise impact 12,532 square feet of Zone 1 Jordan Water Supply basin protected riparian buffer, and 6,876
square feet of Zone 2 Jordan Water Supply basin protected riparian buffer for the purpose of constructing the
proposed access drive to Jordan High School, which is located off from Garrett Road in Durham, Durham 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 Jordan High School Access Road
DWQ PROJECT #: 2009-0125 Ver. 2
LOCATION: Durham
COUNTY Durham
BASIN/ SUB BASIN Jordan - Lower New Hope Arm: 03030002
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
12,532 Square Feet Zone 1 Buffers 37,596 Square Feet Zone 1 Buffers
6,876 Square Feet Zone 2 Buffers 10.314 Sauare Feet Zone 7 Buffers
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: 09-0125v2JordanHSAccess Drive(Durham)EXP+40I(GC3821)JBR EEP.doc
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: Archdale Bldg., 512 N. Salisbury St, Raleigh, NC 27604
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq/swp/ws/401
North Carolina
A'Wurally
An Equal Opportunity 1 Affirmative Action Employer