20180825 Ver 1_Approval Letter_20180801

Water Resources
ENVIRONMENTAL QUALITY
August, 1, 2018
ROY COOPER
Governor
MICHAEL S. REGAN-
Secretary
LINDA CULPEPPER
Interim Director
DWR #18-0825
Durham and Orange County
Town of Chapel Hill
405 Martin Luther King Jr. Blvd.
Chapel Hill, NC 27514
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION. CERTIFICATE PER THE JORDAN'LAKE,WATER SUPPLY WATERSHED
RIPARIAN'BUFFER PROTECTION RULES (15A NCAC 0213 .0267) WITH ADDITIONAL
CONDITIONS
Ephesus Church Road Sidewalks
To Whom It May Concern:
You have our approval for the impacts listed below for the purpose described in your
application received by the Division of Water Resources (Division) on June 15, 2018 with,
additional information received on July 25 and payment received on August 1, 2018. These
impacts are.covered_by, the -attached. Water Quality General Certification Number 4139 and the
conditions listed below: 'This certification is associated with the,use of Nationwide Permit
Number 18 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you
should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge,
and Water Supply Watershed regulations
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
I
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC,02B
.0267(11)],
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://I)ortal.ncdenr.orc,/web/rvq!aps
1624 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: '3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Ephesus Church Road Sidewalks
DWR #18-0825
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1-Fill/Pipe Extension
20 (linear feet)
0 (linear feet)
S2 -Fill -Rip Rap Apron
30 (linear feet)
0 (linear feet)
S3-Diversion/Pump Around
0 (linear feet)
10 (linear feet)
Buffers — Zone 1
131 -Rip Rap
258 (square feet)
0 (square feet)
132 -Pipe Extension
23 (square feet)
0 (square feet)
133 -Construction
0 (square feet)
2,961 (square feet)
Buffers — Zone 2
132 -Pipe Extension
48 (square feet)
0 (square feet)
133 -Construction Equipment
0 (square feet)
2,174 (square feet)
2. Diffuse Flow
All stormwater must be directed and maintained as diffuse flow at non-erosive velocities
through the protected stream buffers such that it will not re -concentrate before discharging
into a stream. [15A NCAC 02H .0267(8)]
3. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including
but not limited to sediment impacts, and any violation of state regulated riparian buffer
rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the
next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, and its causes; the period of noncompliance,
including exact dates and times, if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case-by-case basis.
4. No Waste, Spoil. Solids. or Fill of Anv 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. [15A NCAC 02H .0501
and .0502]

Ephesus Church Road Sidewalks
DWR #18-0825
401 AND BUFFER APPROVAL
Page 3 of 4
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 15 NCAC 02H .0500.,. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
6. This approval is for the purpose.and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification and
Buffer Authorization. If yo`u change your project, you must,notify the Divisionand 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 approval letter and General -Certification
and is responsible for complying with all conditions. [15A NCA002B .0507(d)(2)]
7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of
General Statute 150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH). A petition form may be obtained from the
OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for
information.
Withih_sixty (60) calendar days of receipt of this notice, a petition must be filed with the.
OAH. 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;thro,ugh
Friday between 8:0Oam and 5:00pm, excluding official state holiday's):
The petition may be faxed to the OAH at [phone], 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.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, .NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711_ New Hope Church Road
Raleigh, NC 27609-6285

One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DWR-401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, INC 27699-1617
Ephesus Church Road Sidewalks
DWR #18-0825
401 AND BUFFER APPROVAL
Page 4 of 4
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules as described in 15A
NCAC 02B .0267. Please contact Stephanie Goss at 919-791-4256 or
stephania. oss2ncdenr. o +you have any questions or concerns.
i
ncey,
Danny Smit
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4139
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
Ste. 105; Wake Forest, NC 27597
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit
Kris Dramby via e-mail at I<drambyvhb.com