20080697 Ver 1_Approval Letter_20080703

r
O~0F WATER p Michael F. Easley, Governor
G William G. Ross Jr., Secretary
tom- North Carolina Department of Environment and Natural Resources
~ -I
p Coleen H. Sullins, Director
Division of Water Quality
July 3, 2008
DWQ Project # 08-0697
Wake County,
Mr. Larry Sherrill, Facility Planner
Wake County Board of Education (WCPSS)
3600 Wake Forest Road
Raleigh, NC 27609

Subject Property: Renovation/Construction At Smith Elementary School - Garner, NC
Lake Benson [030402, 27-43-(5.5), WSIII, NSW, CA]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions

Dear Mr. Sherrill:

You have our approval, in accordance with the attached conditions and those listed below to place fill
within or otherwise impact 37 linear feet of perennial stream and 3,427 square feet of Zone 1 Neuse River
basin protected riparian buffers and 1,785 square feet of Zone 2 Neuse River basin protected riparian
buffers, as described in your application dated April 3, 2008, and received by the Division of Water
Quality (DWQ) on April 21, 2008, with additional information received from you on June 12, 2008, and
June 18, 2008, to construct the proposed elementary 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). 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:

1. Impacts Approved

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:

NoAr`thCarolina
401 OversightBxpress Review Permitting Unit l1tllCll~~l~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/newetiands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Wake County Board of Education (WCPSS)

Page 2 of 5
T e of Im act July 3, 2008
Stream - Amount A roved Units
erennial 37 (linear feet) Plan Loca
Buffers Zone 1 P CN tion or Reference
Buffers 3,427 (s uare ft.)
Zone 2 a e 8 of 12
1 785 (s uare ft.) PCN a e 11 of 12
2• No Waste, Spoil, Solids, or Fill of Any Kind PCN page I 1 of 12
No waste, spoil, solids, or fill of any kind shall occur in wet
the impacts depicted in the Pre-Co
the control footprBestint M of'
lands, watcationers, or riparian areas beyond
nstruction Notifi. All construction
activities, including the design, installation, operation, and maintenan
Practices, shall be performed so that no violati
standards, statutes, or rules occur. ce of sediment and erosion
ons of state water quality
3• Erosion and sediment control practices must be in full com lia
the proper design, installation and operation and mainte p nce with all specifications ove '
order to protect surface waters standards: nance of such Best Management Practices n
a. The erosion and sediment control measures for the project must be d
operated, and maintained in accordance with the most recent version of the
Sediment and Erosion Control Planning designed, installed,
b• The design, installation, operation, and maintenance of the sediment North Carolina Manual.
measures must be such that they equal, or exceed, the requirements specified
control
recent version of the North Carolina Sediment and Erosion Control Mandanual. Therosionedevices
shall be maintained on all construction sites, borrow sites, and ~,a in the most
including contractor-owned or leased borrow pits associated with th
C. Sufficient materials required for stabilization and/or ste pile (spoil) projects, •
stormwater routing and treatment shall be on site t alltiamesf erosion co t of measures and
4• Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed 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
the Division of Land Resources has released the ro'ec
within six months of the date that
5. Culvert Installation p j t,
All work in or adjacent to stream waters shall be conducted in a dry work area.
measures from the most current version of NCDOT Construction and Maintenance Activities manual
('//vvww.ncdot.or doh/o erations/BMP manual/d `approved BMP
such as sandbags, rock berms, cofferdams
ownloadBMP Manual. df)
excavation in flowing water. and other diversion structures shall be used to prevent
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, and longitudinal profile) must be maintained above
Culverts shall be designed and installed head cutting of the streams. If any of theo allow for aquatic 1 fe movement as we f each culvert.
stream grade shall be re-established or, if the pipe installed ~r m become
a perchecomeed perched, mannerthe as t~o rr stet
be removed and re-installed correctly. pp p
, the pipes shall

Wake County Board of Education (WC FNN)
Page 3 of 5
July 3, 2008

Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). 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. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream
of the above structures. 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 rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.

Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate
of Completion" form to notify NCDWQ when all work included in the §401 Certification has
been completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
6. 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.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 level spreader designs received by the DWQ on June
12, 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) is not 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 DWQ written authorization.
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. 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.

Wake County Board of Education (WCPSS)
Page 4 of 5
July 3, 2008
The O&M agreement 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. 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;
8. Stormwater Management Plan Implementation Procedures (No Further Approval Needed)
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.

9. 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://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as
appropriate to suit to this project.

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.
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 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.

Wake County Board of Education (WCPSS)
Page 5 of 5
July 3, 2008

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 riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Si ere] ,

Coleen H. Sullins

CHS/gym

Enclosures: GC 3705
Certificate of Completion

cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Mr. George Finch, FinchBoney and Associates, P.A., 309 N. Boylan Avenue, Raleigh, NC 27603-1402
Filename: 080697Renovation_ConstructionAtSmithElementary(W ake)401 _NBR

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