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Home My WebLink About20120067 Ver 1_Approval Letter_20120312NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklid PE Dee Freeman Governor Director Secretary March 12 2012 DWQ Project # 12 0067 Orange County Town of Chapel Hill Patricia D Arconte 208 N Columbia Street Chapel Hill NC 27514 Subject Property Town of Chapel Hill — Tnmty Court Stream Enhancement UT to Bolin Creek [030606 16 41 1 15 1 (0 5) WS V NSW] Approval of 401 Water Quality Certification and Authorization Certificate per the Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules (15A NCAC 2B 0267) with Additional Conditions Dear Ms D Arconte You have our approval in accordance with the attached conditions and those listed below to fill or otherwise impact 320 linear feet of intermittent stream channel (permanent impacts) 10 512 square feet of Jordan Lake watershed protected riparian buffer 2 540 square feet of Jordan Lake watershed protected riparian buffer to stabilize portions of a UT to Bolin Creek as described in your application dated January 20 2012 received by the Division of Water Quality (DWQ) on January 25 2012 and additional information received on February 23 2012 (dated February 21 2012) After reviewing your application and additional information we have decided that the impacts are covered by General Water Quality Certification Number(s) 3689 (GC3689) The Certification(s) allows you to use Nationwide Permit(s) NWP 27 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 2B 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 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 NorthCarolma Natirally North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791 4200 Customer Service Internet www ncwaterquality org 1628 Mail Service Center Raleigh NC 27699 1628 FAX (919) 788 7159 877 623 6748 An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper Page 2 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 Type of Impact Amount Approved Units Plan Location or Reference Stream — intermittent 320 linear feet) permanent impact PCN Section C 3 Buffers Zone 1 10 512 (square ft temporary impact PCN Section C 6 Buffers Zone 2 2 540 (square ft ) temporary impact PCN Section C 6 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 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 3 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 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 4 Sediment and Erosion Control Measures 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 5 Buffer Replanting Replanting of vegetation within disturbed areas located within 30 feet of the stream associated with the stabilization project must be done in an in kind manner immediately following construction activities Page 3 For example disturbed areas with pre exisitng grassed lawns must be replanted with at least grass Disturbed areas with pre existing trees or woody vegetation must be replanted with at least trees and woody vegetation Disturbed areas with pre existing forest must be replanted with forest vegetation including at least two different native hardwood tree species at a density sufficient to provide 320 trees per acre at maturity This density can usually be achieved by planting approximately 436 (10 x 10 ft spacing) to 681 (8 x 8 ft spacing) trees per acre 6 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 2B 0267 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 to ensure compliance with 15 NCAC 2H Section 0500 8 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 Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe) 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 wish to contest any statement in the attached Certification you must file a petition for an administrative hearing You may obtain the petition form from the Office of Administrative Hearings You must file the petition with the Office of Administrative Hearings within sixty (60) 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 Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8 OOam and 5 OOpm 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 fared 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 (919) 431 3000 Facsimile (919) 431 3100 Page 4 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 Mall Service Center Raleigh NC 27699 1601 Unless such a petition is filed this Certification shall be final and binding This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Jordan Lake watershed riparian buffer protection rule as described within 15A NCAC 213 0267 If yo have any questions please telephone Lauren Witherspoon at 919 791 4251 jrncere, Danny Smi ;Y1 Surface Water Protection Section Supervisor Raleigh Regional Office Enclosures GC 3689 Certificate of Completion cc USACE Raleigh Regulatory Field Office DWQ Central Office — WeBSCaPe — 1650 Mail Service Center RRO File Copy DLR RRO Zan Price PE NC State University Department of Biological and Agriculture Engineering Asheville Field Office 21 Stokes Drive Asheville NC 28805 Filename 12 0067_Town of Chapel Hill Trinity Court Stream Enhancement_401_JBR_Approval