20080678 Ver 1_Approval Letter_20080522

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
May 22, 2008
Mr. Donald Hawks
Yadkin County Board of Education
121 Washington Street
Yadkinville, NC 27055
Re: Forbush Middle School (aka Eastern Middle School), Yadkin County
Ut to Forbush Creek [030702, 12-83-(1.5), WSIV]
DWQ #20080678
APPROVAL of Individual Isolated Wetland And Isolated Waters Permit
Dear Mr. Hawks:
Attached hereto is a copy of Isolated Wetlands Permit No. 18 issued to Mr. Donald Hawks and
Yadkin County Board of Education, dated May 22, 2008. In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited
to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and
Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
CHS/cbk/Um
Attachments: Certificate of Completion
Sincerely,
Coleen H. Sullins
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Sue Homewood, DWQ, Winston-Salem Regional Office
DLR Winston-Salem Regional Office
File Copy
Central Files
James D. Cutler, MACREC Engineering & Consulting, Inc., 7347 West Friendly Avenue, Greensboro,
NC 27410
Filename: 080678ForbushMiddleSchool(Yadkin)IIW
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604
Phone: [phone] /FAX [phone] / Intemet:http://h2o. en r. state. nc. us/ncvvetlands
One
NhCarolina
Avura!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Donald Hawks and Yadkin County Board of Education
Page 2 of 5
May 22, 2008
NORTH CAROLINA INDIVIDUAL ISOLATED WETLANDS AND ISOLATED WATERS
PERMIT
THIS ISOLATED WETLANDS PERMIT is issued in conformity with the requirements of the
North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H .1300 to Mr.
Donald Hawks and Yadkin County Board of Education, to fill or otherwise impact 266 linear feet
of isolated, intermittent stream, to construct the proposed public middle school, which is located
along Falcon Road in eastern Yadkin County County, North Carolina, pursuant to an application
dated April 10, 2008 and received by the DWQ on April 11, 20087, and all additional information
received by the DWQ on April 25, 2008 and May 20, 2008.
The application and supporting documentation provides adequate assurance that the proposed
work will not result in a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the
applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and
as described in the Public Notice. If the project is changed, prior to notification a new
application for a new Isolated Wetlands Permit is required. If the property is sold, the new owner
must be given a copy of the Isolated Wetlands Permit and approval letter and is thereby
responsible for complying with all conditions of this Isolated Wetlands Permit. Any new owner
must notify the Division and request the Isolated Wetlands Permit be issued in their name.
Should wetland or stream fill be requested in the future, additional compensatory mitigation may
be required as described in 15A NCAC 2H .1300 (g). If any plan revisions from the approved
site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the
DWQ shall be notified in writing and a new application for 401 Isolated Wetlands Permit may be
required. For this approval to be valid, compliance with the conditions listed below is required.
Conditions of Isolated Wetlands Permit:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Isolated Wetlands Permit (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Type of Impact Amount Approved Units Plan Location or Reference
Isolated Stream (intermittent) 266 (linear feet) Application and Public Notice
Sediment and Erosion Control:
2. 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:
Mr. Donald Hawks and Yadkin County Board of Education
Page 3 of 5
May 22, 2008
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.
3. 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 404/401 Permit Application. 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;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the project;
5. 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 .0259;
Continuing Compliance:
6. Mr. Donald Hawks and Yadkin County Board of Education, 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 law and federal law. 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 Isolated Wetlands Permit to include conditions appropriate to assure compliance with
such standards and requirements in accordance with 15A NCAC 2H.1300. Before
modifying the Isolated Wetlands Permit, the Division shall notify Mr. Donald Hawks and
Yadkin County Board of Education, provide public notice in accordance with 15A
NCAC 2H.1303 and provide opportunity for public hearing in accordance with 15A
NCAC 2H.1303. Any new or revised conditions shall be provided to Mr. Donald Hawks
and Yadkin County Board of Education, in writing, and shall also become conditions of
the Individual Isolated Wetland And Isolated Waters Permit for the project;
Mr. Donald Hawks and Yadkin County Board of Education
Page 4 of 5
May 22, 2008
7. Construction Stormwater Permit NCG010000
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. us/su/Forms Documents. htm;
8. Written Stormwater Management Plan (No Further Approval Needed)
The final, written stormwater management plans (including a signed and notarized
Operation and Maintenance Agreement) must be implemented and the stormwater
management facilities shall be constructed and operational before any permanent building
is occupied at the subject site. The structural stormwater practices as approved by this
Office 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.
10. 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 of recording
of the property, or of individual lots, whichever is appropriate. 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.
11. Sewer Systems
The project shall comply with 15A NCAC 2H.0219(i)(2)(G) and all other State, Federal
and local sewer system regulations.
12. Construction Plans
Any final construction plans for this project must include or reference the application
and plans approved by the DWQ under this authorization letter and Isolated Wetlands
Permit.
Mr. Donald Hawks and Yadkin County Board of Education
Page 5 of 5
May 22, 2008
13. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Isolated Wetlands
Permit 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 authorization to proceed with your proposed impacts to Isolated Wetlands as depicted
in your application and as authorized by this Permit, shall expire five (5) years from the
date of this Isolated Wetlands Permit or unless otherwise rescinded by the Director of the
Division of Water Quality. If this Isolated Wetlands Permit is unacceptable to you, you have
the right to an adjudicatory hearing upon written request within sixty (60) days following receipt
of this Isolated Wetlands Permit. This request must be in the form of a written petition
conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications
are made to an original Isolated Wetlands Permit, you have the right to an adjudicatory hearing
on the modifications upon written request within sixty (60) days following receipt of the Isolated
Wetlands Permit. Unless such demands are made, this Isolated Wetlands Permit shall be final
and binding.
This the 22`h day of M 008
DI SION OF T UALITY
Coleen H. Sullins
Isolated Wetlands Permit No. 18
CHS/cbk/ijm