20080214 Ver 1_Approval Letter_20080228

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February 28, 2008
DWQ EXP No. 08-0214
Wake County
Wake County Public School System
Attn: Mr. Charles French
1551 Rock Quarry Road
Raleigh, NC 27610
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Cazolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Subject Property: E-27 (Fuquay Elementary School)
UTs to Basal Creek [030403, 27-43-15-3, B, NSW]
Approval of 401 Water Quality Certification and Authorization Certification per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. French:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 140 linear feet of intermittent stream, 33 lineaz feet of perennial stream, and
9,042 ft2 of Zone 1 and 5,834 ftZ of Zone 2 of the protected riparian buffers for the purpose of
constructing the proposed elementary school, as described within your Pre-construction Notification
Application dated February 14, 2008. The impacts aze covered by: General Water Quality Certification
Number 3705 (GC3705). General Certification 3705 allows you to use Nationwide Permit NW39 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 Permit.
This approval is for the purpose and design that you described in your PCN application (February 14,
2008) and stormwater management plan (received on February 14, 2008 with revisions received on
February 20, 2008 and February 27, 2008). If you change your project, you must notify us and you may
be required to send us a new application. 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 Certification (GC 3705) and any additional conditions listed below.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevazd, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Nose Carolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Wake County Public School System
EXP 08-0214
Page 2 of 5
February 28, 2008
The Additional Conditions of the Certification are:
Impacts Approved
The following impacts are hereby approved
conditions of this Certification (and Isolated
approved including incidental impacts:
as long as all of the other specific and general
Wetland Permit) are met. No other impacts are
Im act T e Amount A roved (Units) Plan Location or Re erence
Stream (tem or erennial) 33 (linear feet) Febru 14, 2008 PCN a e 5
Stream (intermittent) 140 (linear feet) Febru 14, 2008 PCN a e 5
Ri arian buffer (Zone 1) 9,042 s uare feet) Febru 14, 2008 PCN a e 8
Ri arian buffer (Zone 2) 5,834 (s uare feet) Febru 14, 2008 PCN a e 8
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.
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.
4. 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 http://h2o.enr.state.nc.c~s/su/Forms Documents.htm.
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.

Wake County Public School System
EXP 08-0214
Page 3 of 5
February 28, 2008
6. Stormwater Management Plan and Diffuse Flow Provisions
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 .0233(5)
In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B
.0233(5)), you have provided the DWQ with stormwater wetlands, a bioretention cell, and level
spreader with vegetated filter strip designs received on February 14, 2008 with revisions received
on February 20, 2008 and February 27, 2008. The DWQ believes that if implemented, as per
these plans, diffuse flow will be achieved. However, if diffuse flow as per 15A NCAC 02B
.0233(5) has not been achieved, then the DWQ shall be notified and corrective actions to restore
diffuse flow shall be taken if necessary to impede the formation of erosion gullies. At no time
shall stormwater from the proposed development be piped directly through the buffer without
prior written authorization by DWQ.
The structural stormwater practices as approved the Division of Water Quality, 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 maintain the structures,
perform corrective actions as described above and shall provide protection of the structures from
potential alternations by future property owners.
The Inspection & Maintenance (I&M) agreements for the stormwater wetlands, bioretention cell,
level spreader and vegetated filter strip signed by Mr. Mike Burriss on December 20, 2007 and
February 15, 2008, must transfer with the sale of the land or transfer of responsibility for the
stormwater facilities and the DWQ must be notified of every transfer.
7. Work in the Dry
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 NCDOT Construction and Maintenance Activities Manual, such as sandbags, rock
berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
If concrete is used during the construction, then a dry work area should be maintained to 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.
Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.

Wake County Public School System
EXP 08-0214
Page 4 of 5
February 28, 2008
Culvert(s) shall not be installed in such a manner that will cause aggradations or erosion of the
stream up or down stream of the culvert(s). Installation of culverts in wetlands must ensure
continuity of water movement and be designed to adequately accommodate high water or flood
conditions. Existing stream dimensions (including the cross section dimensions, pattern and
longitudinal profile) shall be maintained above and below locations of each culvert. Placement of
culverts and other structures in waters, streams, and wetlands must be placed below the elevation of
the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of
the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of
water and aquatic life. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of riprap or other bank hardening methods. If riprap is
necessary, it shall not be placed in the streambed, unless specifically approved by the Division of
Water Quality.
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.
11. 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 15A
NCAC 2B .0233 and GC 3705.
12. 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.
13. 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.
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 LAMA Permit.

Wake County Public School System
EXP 08-0214
Page 5 of 5
February 28, 2008
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.
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 as provided 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 Neuse River riparian buffer protection rule as described within 15A NCAC 2B .0233. If you
have any questions, please telephone Lia Myott or Joseph Gyamfi at 919-733-1786. ~
Sincerely,
H. Sullins
CHSlcbk/lem
cc: James Shern, USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Central Files
James Dasher, Soil & Environmental Cons., PA, 11010 Raven Ridge Rd, Raleigh, NC 27614
File: 080214E27FuquayElemSch(Wake)EXP+401 +NBRAuth