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Home My WebLink About20160199 Ver 1_Approval Letter_20160824WaterResources CNWPONMENTAL QUAUTY Attn: Mr. Allen Vann Burgaw, NC 28425 PAI" M C CR () R Y Govo-nor DONALD R. VAN DER VAAR.T' S. JAY ZIMMERMAN 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 Allen Vann and Pender County Schools, dated August 24, 2016. This Certification replaces the Certification issued on August 9, 2016. This reissuance is necessary to reflect a change in staff within Pender County Schools, 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 150E 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 (919) 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 (919) 431-3100, 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. Swe ofNorlh ("arohna I FrrvironvnenW Quality I Water Resources 1617 Mail Service Center 1 Raleigh, Norrh Carolina 27699-W7 919 807 6300 Pe der County Schools Individual Certification #4068 Page 2 of 9 AUgL6t 24, 2016 If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 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 Joaiine.Steerihuis�)ricdeniL,L,qy if you have any questions or concerns. .... . ...... ME= Karen Higgins, Supervisor/ 401 & Buffer Perm itting'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 DWR 401 & Buffer Permitting Branch file Filename: 201601995urfCityK-8school(Pender)-401—IC.docx Fender County Schools Individual Certification #4068 Page 3 of 9 August 24, 2016 �2-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15A NCAC 121-1 .0500, to Allen Vann 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: 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 Stream N/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 L), 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 Individual Certification #4068 Page 4 of 9 August 24, 2016 ..._....._..__ ........ ... . . .. . ..... . . . . ............... - .... . ......... _--'---_1 .................... . ....... . 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 Joai w�ie.SteerilliLlisCY ticdenr.L gy at the Wilmington Regional Office to set up the meeting. 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 026 .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. [15ANCAC 02H.0506(b)(5)] Compensatory Mitigation Required River & Sub - basin Number N/A --Stream Wetlands 7.206 acres WO 03030001 Waters N/A Buffers I 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. [15ANCAC 02H.0506(b)(5)] Pender County Schools Individual Certification #4068 Page 5 of 9 August 24,2016 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 .05021 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. cl, 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 PNA, SA, HQW waters. The sediment and erosion control designs must comply with the requirements set forth in 15A NCAC 0413.0124 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] Pender County Schools Individual Certification 44068 Page 6 of 9 August 24, 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 detrimental effects on aquatic resources including destruction of spawning habitat, 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 ov plastic matting that can entrap small animals. [15A NCAC 02H .0506(b)(2)] I 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 02B.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 44068 Page 7 of 9 August 24, 2016 13. Construction Stormwater Permit NCG010000 An NPDES Construction Stormwater Permit is required for 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 reporting requirements is required. A copy of the general permit (NCGO10000), inspection log sheets, and other information may be found at: http://Portal.ncdenr.org/web/wq/`ws/`su/"""npdessw#tab-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 02B .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 (800) 858-0368, 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 SchooPs IncI Certification #4068 Page 8 of 9 August 24, 2016 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,ncdenrorR/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. 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 Allen Vann 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 .02001 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 Allen Vann 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 Allen Vann 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, Pender County Schools Individual Certification #4068 Page 9 of 9 August 24, 2016 t, 1. This approval is for the purpose and design described in your application and as described i the Public Notice, The plans and specifications for this project are incorporated by referenc and are an enforceable part of the Certification. If you change your project, you must notif] 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 noti the Division and request the Certification be issued in their name, [15A NCAC 02H .0501 ano. ,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) a n d (c) (2)1 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: httr)://portal.ncdenr.org/web/wq/swr)/ws/401/cert!;andp_ern-_�its a lyffo r rn s). [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, regarR less 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 24th day of August 2016 Karen Higgins, Supervisor 401 & Buffer Permitting Branch KAH/ihs HIM