20021462 Ver 1_COMPLETE FILE_20020827

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 25, 2002
DWQ# 02-1462
Mr. J. Laurence Daw Durham County
Department of Environment, Health and Safety
University of North Carolina at Chapel Hill
212 Finley Golf Course Road
Chapel Hill, NC, 27514,
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Daw:
You have our approval, in accordance with the attached conditions, to place permanent fill in 0.5 acre of wetlands and temporary fill
in 0.38 acre of wetlands] in order to conduct hazardous waste cleanup activities associated with the Mason Farm Low-Level Radioactive
Waste Disposal Site in Durham County, as described in your application received by the Division of Water Quality on August 27, 2002
and in additional correspondence received September 1, 2002. After reviewing your application, we have determined that this fill is
covered by General Water Quality Certification Numbers 3375 and 3360, which can be downloaded from our web site at
http://h2o.enr.state.nc.u6. This Certification allows you to use Nationwide Permit Numbers 14 and 38 when is issued by the U.S. Army
Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including
(but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. You should send an
application to the Division of Land Resources for their review of your project under dam safety rules as well as erosion and sediment
control. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner
must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland
fills for this project (now o'r in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional condition listed
below:
1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has
been completed.
If you do not accept any of the conditions of this certification, 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 1506 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.
This letter completes i
-questions, please telephony
9721.
AW K/cbk
Attachments
e review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
Steve Mitchell in DWQ's Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in Raleigh at 919-733-
ely
Pimek, P.E.
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ RegiondOffice
Central Files
File Copy
021462
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
?%
Customer Service
1 800 623-7748
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
I
Facility Name NC-CH Mason Farm Site MOD County Durham
Project Number 02 1462 County2
Recvd From APP Region Raleigh
Received Date 8/27/02 Recvd By Region
Project Type M01) to 99-0079
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet ME
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ' -
F38 OTH O Y O N ?- 1r6-41-2-(5. w 1v NSW 30,606. 0.88F__
r?
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: O Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
0.38 acres of erma aent wetland fill and no mitigation $$$$$$$$ sup wid dat?
t
Issue
I
i
cc: Regional Office
Central Office ?, Page Number 1
fF
ebs
enwieonMJ.t,
health k_?a esty
August 26,
Jean Manu
U.S. Army
Raleigh Re
6508 Falls
Raleigh, N
Subject:
Dear Ms.
The University of North Carolina at Chapel Hill • Department of Environment, Health & Safety
212 Finley Golf Course Road CB# 1650 • Chapel Hill North Carolina 27517-4440
LS ? U ? ?1
AUG 2 7 4'
orps of Engineers '
;. wErtM
tlatory Field Office -.,? WATEit OU,
'the Neuse Road, Suite`
th Carolina 27615
tion 404 Nationwide #38 Permit Extension: modification
University of North Carolina at Chapel Hill
on Farm Low-Level Radioactive Waste Disposal Site
02462.
The University of North Carolina at Chapel Hill (UNC or The University) is modifying its request for an
extension to: the Section 404 Nationwide Permit No. 38 (Cleanup of Hazardous and Toxic Waste)
concerning r?emediation activities at the Mason Farm Low-Level Radioactive Waste site in Chapel Hill,
North Carolina. On November 16, 2001 UNC submitted a request for extension to the U.S. Army Corps
of Engineers (USACOE) and the North Carolina Division of Water Quality (DWQ), 401 Wetlands
Certification Unit. This modification responds to DWQ's request for additional information to clarify
how the total wetland impacts were calculated and how UNC planned to restore the impacted wetlands.
The University anticipates that no more than 0.88 acres of jurisdictional wetlands may be impacted as a
result of the; Corrective Action (Figure 3). This total includes the 0.25 acres impacted under the
Nationwide' Permit No. 14 issued in February 1999. Based on the wetlands delineation, only palustrine,
emergent wetlands would be impacted. A shallow drainage ditch immediately north of the site would
also be impacted.. This ditch previously drained the area for agricultural operations. The drainage ditch is
also classified as jurisdictional wetlands. Of the 0.88 acres of total impacts, 0.45 acres will be temporary
(Staging Area, Impact Area 1), 0.38 acres will be permanently filled (Source Area, Impact Area 2), and
0.05 acres 'ill be temporarily impacted by the groundwater treatment system piping (Impact Area 3).
Attachmentj4 outlines in more detail the Restoration Plan for Impact Area 1.
i
As part of the source removal activities, installation of a sealed sheet-piling wall along the northern edge
of the burial area was completed during February 2002. The wall permitted source removal activities to
take place during March 2002 through May 2002. The source removal completion report was submitted
to NCDENR for review and comment. Upon NCDENR acceptance and its issuance of documentation
that no further action is required, wetland restoration activities for Impact Area 1 will be completed
within 120 days of notification. Status reports will be submitted to USACOE and DWQ on a yearly basis
until receipi? of such notification from NCDENR. Additionally, USACOE and DWQ will be notified
when restoration activities are scheduled.
I
Phone: [phone] Fax: [phone] ehs.unc.edu
I
Ms. Manuele
August 26, 21
Page 2
This modification also reflects that the University has changed the design of the proposed corrective
action. First, UNC has decided to permanently fill and cap the burial area upon completion of waste
removal activities. A CAP addendum was prepared and submitted to NCDENR during March 2002 to
evaluate and select appropriate remedial alternatives to address groundwater contamination at the site.
The CAP addendum proposes the design and installation of a groundwater pump-and-treat system to
aggressively ;treat the entire plume. Figure 2 provides a brief illustration of the proposed action. Upon
acceptance by DENR of the CAP Addendum, the design and installation of the groundwater treatment
system will be completed during the next 4 to 6 months. It is anticipated that the system will be operation
for approxim I ately 4 years. The time frame for operation will depend on system performance and
NCDENR guidance. The treatment piping (Impact Area 3) will likely be buried within a 4 to 6-inch PVC
conduit, 18 tp 24-inches below ground surface, in a narrow trench. The trench will be backfilled with
native materials and an effort will be made to minimize disturbance of vegetation in these areas. The
piping will be removed within 120 days from receiving approval from NCDENR to decommission the
system. The areas disturbed during removal of the treatment piping will be regraded and backfilled with
native materials. We will minimize disturbance of vegetation in these areas. USACOE and DWQ will be
notified when the treatment system is scheduled for decommissioning.
The modified Pre-Construction Notification is enclosed as Attachment 1. Three figures are included as
Attachment 2. Figure 1 presents the site location and topography. Figure 2 depicts the existing site
conditions and the location of the proposed groundwater recovery system. Figure 3 has been included to
clarify the areas of permanent and temporary impacts to wetlands. Attachment 3 includes copies of all
previously approved permits for the site. Finally, Attachment 4 contains the proposed wetland
restoration plan for Impact Area 1. The $200 permit fee was included with the November 16, 2001
submittal and is not included with this modification.
Thank you for your attention to this matter. If there are any questions, please do not hesitate to contact
me at (919)1843-5913 or Larry Daw at [phone].
Sincerely, I
Peter A. Re}nhardt
Environment, Health & Safety Director
Copies:
J. Dorney, NCDWQ (7 copies)
L. Daw, UNC
Richard Miller, UNC
D. Malone, iARCADIS G&M
I'
i
i
I

0
OF
WATF?
QG
WOM.
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General ater Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This fprm should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at ht!p://www.saw.usace.qM.mil/wetlands/regtour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contactbWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that Contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coor Iinator (listed by county on the last page of this application).
Page 1 of 12
i
t , x
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at [phone]. DCM will determine whether or not the project involves a
designated Areal of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, PCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://www.saw.usace.army.miVwetlandsla"finalFedReg.pdf.
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 4011Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre j of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A cneck made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at hq://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
i i < c
Office Use
Only- Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
i
1. Processing
1. Check all of the approval(s) requested for this project:
NS ection 404 Permit
? Section 10 Permit
N 4,01 Water Quality Certification
? Riparian or Watershed Buffer Rules
i
2. Nationwide, Regional or General Permit Number(s) Requested: NWP #38 (Extension)
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
i
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Auulicant Information
'Applicant Information
N
Address: 212 Finley Golf Course Road
Telephone Number: 919-962-6666 Fax Number: 919-962-0227
E-tnail Address: JLDaw(@email.unc.edu
2. Agent Information (A signed and- dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Not Applicable
Company Affiliation:
Mailing Address:
T
)ne Number:
Address:
Fax Number:
Page 3 of 12
III. Project I
Attach a vicinity map clearly showing the location of the property with respect to local
landrri.+ such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site; plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS .Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long I as the property is clearly defined: For administrative and distribution purposes, the
USACE,', requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reducedito a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. N i e of project: Mason Farm Low-Level Radioactive Waste Disposal Site
2. T.I.P. Project Number (NCDOT Only): Not Applicable
3. Property Identification Number (Tax PIN): 9798-04-70-8300
4. Location
County: Durham Nearest Town: Chapel Hill
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Approximately one mile
Road on the Mason Farm Tract in Durham Countv. North Carolina
Site coordinates, if available (UTM or Lat/Long): See Attached USGS Quad Map
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
7. Property size (acres): 100+ acres
8. Nearest body of water (stream/river/sound/ocean/lake): Morgan Creek
1
9. River Basin: Cape Fear River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htip://h2o.enr.state.nc.us/admin/maps/.)
i
i
i
Page 4 of 12
i
a
i . A [
10.
the purpose of the proposed work: Soil and groundwater treatment including
11. List the type of equipment to be used to construct the project: Soil and groundwater
12. Describe the land use in the vicinity of this project: Land use consists of developed land
IV. Prior Project History
If jurisd}ctional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and j describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Nationwide #26 approved 11/1/93 (Action ID 199400032), Nationwide #14 approved 6/6/96
11/12/99
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
VI. Proposed Impacts to Waters of the United States/Waters of the State
it is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide, justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing pr description, please attach a separate sheet.
Page 5 of 12
i
1. Wetland Impacts
I
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
1 I Temporary Fill 0.45 Yes Approx. 200 ft Wet flat/beaver pond
2 Permanent Fill 0.38 Yes Approx. 200 ft Wet flat/beaver pond
3 Treatment Piping 0.05 Yes Approx. 200 ft Wet flat/beaver pond

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at hM2://www.fema.g_ov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
Lists the total acreage (estimated) of existing wetlands on the property: Approx. 30 acres
Total area of wetland impact proposed: 0.88 acres (0.45 acres temporary fill, 0.38 acres
Dermanent fill. 0.05 acres treatment ninina temnorarv impacts) This total includes the 0.25
acres impacted under the Nationwide Permit No. 14 issued in February 1999.
2. Stream Impacts, including all intermittent and perennial streams
Stream Impac
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leases ecify)
N/A
i
I

i
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mgpgue§t.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: Not Applicable
I
Page 6 of 12

3. Openl Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
otherlWater of the U.S.
Open Water Impact

Site Number j
indicate on ma

Type of Impact* Area of

Impact
acres
Name of Waterbody

(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.
N/A

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Not Applicable
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Not Applicable
ize of watershed draining to pond:
VII. Impact Justification (Avoidance and Minimization)
Expected pond surface area:
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
and
Page 7 of 12
t ( J "
? 1H•
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwate wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams. I
USACE In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USA;.CE or DWQ to consider the application complete for processing. Any application
lackinga required mitigation plan or NCWRP concurrence shall. be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
A nortion of the site will be returned to existing conditions following waste removal and
Page 8 of 12
1 1. a
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at fitm://h2o.enr.state.nc.us/wro/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): Not applicable
Amount of buffer mitigation requested (square feet): Not applicable
Amount of Riparian wetland mitigation requested (acres): Not applicable
Amount of Non-riparian wetland mitigation requested (acres): Not applicable
Amount of Coastal wetland mitigation requested (acres): Not applicable
i
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
i
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will t Ie project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse?, 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify Not Applicable )?
Page 9 of 12
'. t , T
Yes El No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
Zone*
Impct
s u
are feet
)

Multiplier
Required
Mitigation
1 3
2 1.5
Total
* j Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
i additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Prope0 , Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment unto the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or. 0260.
-
Not Applicable
M. Stormwater (DWQ Only)
Describ I impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss Stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
There are no impervious areas at the site. The installation of sheet piling, silt fencing, and other
remediation activities will prohibit the spread of hazardous material to off-site areas.
i
XH. Sewage bisposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Soil and groundwater at the site will be transported off-site for treatment and disposal.
XHL Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
j Page 10 of 12

XIV. Other Ciicumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Environment and Natural Resources. Division of Water Oualitv INCDENR-DWOI. The
Universitv of North Carolina at Chanel Hill reauests a time extension of five vears to complete
The University Of North Carolina at Chapel Hill
ApplicanSignature Vo orforFmnce&AdrWrlalate
(Agent's signat a is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue
Room 208
Asheville, NC 28$01-5006
Telephone: [phone]
Fax: [phone] i 20
Raleigh Regulator Iy Field Office
US Army Corps Of Engineers
6508 Falls of the Neuse Road
Suite 120
Raleigh, NC 27615
Telephone: (919) ,876-8441
Fax: [phone]
Washington Regulatory Field Office
US Army Corps Of Engineers
Post Office Box 1000
Washington, NC 127889-1000
Telephone: [phone]
Fax: [phone]
Wilmington Regulatory Field Office
US Army Corps Of Engineers
Post Office Box 890
Wilmington, NCI 28402-1890
Alexander
Avery
Buncombe
Burke
Cabarrus
Caldwell
Catawba
Alamance
Alleghany
Ashe
Caswell
Chatham
Davidson
Davie
Beaufort
Bertie
Camden
Carteret*
Chowan
Craven
Anson
Bladen
Brunswick
Carteret
Cherokee
Clay
Cleveland
Gaston
Graham
Haywood
Henderson
Durham
Edgecombe
Franklin
Forsyth
Granville
Guilford
Halifax
Currituck
Dare
Gates
Green
Hertford
Hyde
Duplin
Harnett
Hoke
Montgomery
Page 11 of 12
Iredell
Jackson
Lincoln
Macon
Madison
McDowell
Mecklenburg
Johnston
Lee
Nash
Northampton
Orange
Person
Randolph
Jones
Lenoir
Martin
Pamlico
Pasquotank
Perquimans
Onslow
Pender
Richmond
Robeson
Mitchell
Polk
Rowan
Rutherford
Stanley
Swain
Transylvania
Rockingham
Stokes
Surry
Vance
Wake
Warren
Wilkes
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
' j
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and WildlifF Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636 3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone] Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit 1
1650 Mail Service Center
Raleigh, NC 27694650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
Telephone: [phone]
Fax: [phone]
Western Piedmont Region Coordinator
3855 Idlewild Road
Kemersville, NC X7284-9180
Telephone: [phone]
Mountain Region (Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville, NC 28786
Telephone: [phone]
Fax: [phone],54
CAMA and NC Coastal Counties
Beaufort Chowan
Bertie Craven
Brunswick Currituck
Camden Dare
Carteret Gates
Hertford Pasquotank
Hyde Pender
New Hanover Perquimans
Onslow Tyrrell
Pamlico Washington
NCWRC and NC Trout Counties
Alleghany Caldwell Watauga
Ashe Mitchell Wilkes
Avery Stokes
Burke Suiry
Buncombe Henderson Polk
Cherokee Jackson Rutherford
Clay Macon Swain
Graham Madison Transylvania
Haywood McDowell Yancey
Page 12 of 12
4 2
a
Y
Z5 Z; u
OD ;u 0
tit r H LA
<' }y?
-Izm
x r)
N -_---? =Jt r
`
A ? "' ' r?• 1
UI p mrc ..
Z
C)
N y
-r
Z
D3z
O D
t1
A ?
c
a1 a
r1 ? `
• t
L D >Ni A DLO ?. - _??•".'•,
r !'t frl L 3n
tom`.
t
° ro c^zi zA
E3 ~? ?-
a
,.?:.
>- rn
OC z
r > N Z ......tom::'.'.
.. t
2 d o ! .%
FM o
?
O o
F,) ::E on w
O0rZ N
O '.
rFl C)
rr-D4
y Q ;o
omon o
0 -u
Z ^?
rn r-
D
Z (n-
0 r4

M
u r

-U 0

?.? zlllt
WA?It 1'.-s••-r'??, ..--. ? t:? e?'•?/i.,'A.79 ` ^.l/%?%? -'? ?? ?-?%? ? . _ •\ -
will
i' / t 1? '+\ ! /??) l:\lr •e. Y
_ i 'c ? ?r?.=..? ?f? "'*,*q .?? ?+.: ? l 1 mss, '.?•'?- • i
? s Y r -t? r.` ?\ ? r ?• 1 (? ?'r ?a ? • J ? ?? r ?? • " : f t'' S-W?
t ?,n b•?t?iF ??,-?z•,??, ????,??-•?? \\?it ••??} I. c?ir,?, '? ? C?:1•?..,.?r ?•?`? „j ?, ..
A•,?.lr• :` f to}/?'.h\' + e, ' j ?•ol i t t : • , 1
1 ?? l ? ? ? _ i V?f 3L ?< J,E.' it ,.•
? ?'' ? .^ ./t t $?y it ? na`?R,r. ?.•
?????7'J/ {j fir, /?y •?? C ? 3Z ??? ?iA x\`'?. .j,^ .-'*`/I?
j r4 .' 2'Z t .t°r : Y r?l "t+4tyi ?i:. • ?? ???; - `
1 --
•

: - ? r L > ?? JF? ?e? J? ? yr• „-
,'
'r'...t ? y # tC? ??s• ?..e: rid' ts? . ?''? ?? ? '+??' -?+z,
y 4 -?--
-
t rt {_'rta? ` . t, ? S,? r. L? ?F4?.af,?Q.,? ?awkw J?lf!y, " ,• x: ?'24e'?,'.:v r?. ` ? ??' k xr t-i S t `x t oS i tiJt{, t a' # >L2( n.'t2Y - , t.'.r. ,- ^T
Sq s P ...• 11":.ids i t' b4r,-TT ?i• 'x Ktt
\t t 'S? ? r. ?:. x :. .•aS ?tt,t f )r , t r ;/,?• °s•^/;??a ,.rte - '•A?? k.a
,°'+. y `r ??, 7 ?- {•. •' 7" `?.? i ? Gam" j,, • r. a.;?Zy .?,a°f,??. ?
t • _
Yj X,
.1 ILL

r
• 'trT-`.-+-'^- ? ? 057^-^''-'x,
1
f ? r9s / 7c •
1 a , ` rh
!
Z ;
>c x
m
c
10 M
M ?.. •?
rooM N co N
V N E
NDO /,?wwr n •
1 r4_ V! m
N
m
' n x 'a p OC
n
?Z? m ax x -i D.q
x p m n 9 Z
N ? o.? Z Zm z
N ° to / D
rv $ 0
A r
M m
N Z
N
UI O z
? Z
z 0
0
0
w
3
n
W t F N- Z
dp
'b g ?..?_ cn D`
:9 °E S" r-3
ZD
?? a3 mD
vests. wm o
T.
3 \° -
N ??n
1 ?a
8 $ u IV D
as° c
C
g' D n I D
z M
? ao aa. rd N .
7Sn K '
9 3
?nl
?. Z
iy C D =D j
<m £ Dy MO
IU r ;0 • y \
O !
O A
S
M M
o
L
C m
Z y
A Z
<
C) N N m •
D Z p S
C
o
Z
r- 0 0
zFn *= V
OO?r-O N
= D M M o
r I- O o
r 00
m Z
omoD
r O>
Z
D ?n
< 2
mn
0
M
r
? Cl)
Om
T
C)
c
0F
C f?l
2
0
O
p
C') D Z
z z /
I
m
F:>-
DD
ZZ
MO
O ?
x
h
I
I
k !
I
2
m
? --1 L7
F? I
O Co •
k ?
1
1=X1
D Z
AN
D O0 G7
I
O

a
k ?
O
(O
r
0
p \
O
O
w ?
° m
• p
a
CO
• n \
C Q
N \ Q
? o
? Irk ?
i ?
k
k
h F
I .
I
h
f
C)
r.
r
k
•
O
f ?
1
N
W
•
1 ?
i
I
!
r
I
1
? I
I
I I
j I
I
1
i
!
I
r
k
I
I
k
16
6 F
r
I
I
H
N m
cci'v x
m

-10 ru
(D r (J D C) U)
ti
° co N
VN. D
N D O n • e
CL Y .
m
r
En
- ..
=e x ro g 'o,
0A < N a ?z .Ti 1 yy
X ? 1 mm n ? ? p? p
if z
a 22 s 31-1
m
UI ° zz
10 y
U O m
O °
w >?
0
m
n \
ua u{°-Zp C? m? I
Ee n q?a? .Zl DD 1
D .('.? m 00
I I CO
-a- ol ;o
? o?•? zz z m / ' 101 n
p r n
z I
a NQ? Z m
m u)
ao.?° .. D A r I D 0
> L4
o S = n I D Cn m D •
CA-
g x° F r ey N -ass' / -' 1 i j I p M
T -IN
4- p
gg C) 00 rn 00
S '28 a• 3 s'^ m 1 I D •p D z O
s $?b \sv r j? j?Z I Mm I
I ?sF ?lej 00• NF nNi \ o
Q En
° y co
apl ? r r
1 ? Z D I I i k ? 3co
(A 0
Dm .Z7 M. ='Drl J Dm(1
cml
3. x
N I C)
I ?N k
o {> I m o r
?. >-n
I j
:..0 I •o E
m A I
z I s + is I I c?
< a ?? 1 o i
a . a r
C,) 0 D Z La D a is es AS
I
.0 z
o 10 C)
rN;D T,
c ;,a Lill aD r 1n m ? .
rr^r0 ° Drr \ jNI ?
• ?I j r
m
Oar N p \
? w > O N \ 0• IW 19 N it
=rD-rr--0 °° 1 ?? •
nrnMr co 0 I N 1 j L r
?mDOD N C \\ Gr r 11 r N
Z D? yJ \ ?• ; ; W
D i= z OrzC \ N ,? I
m> \ 1 , t
r \ ? ? i r
'Unwo
N DA ryn Iv, j i % /
r urrr* Om
11 ZZ>V
0 Ma
bo
0? / r I +?
• h irn
m % I J i 41
D _ N • NL % i F
Cn V ?F
r•? j 1
I ?
c j r
O
c
W m
e4J113l1996 144
Regulato
45 9199629103
FMCILITIES PLANINIHCZ
PAt=
RECEM"G Hov 10 1000
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P0. BOX 1890
WILMIN(3TON: NORTH CAROLINA 28402.1890
W REPLY REFER TO November 1, 1993
Branch
t.c.r.ion 3.t?. 199400032 and Nationwide Permit No. 26
waters)

(Readwate:: s and University of North Carolina "
at Chapel Hill ,? -
Attn.:. Mr. Wayne R. Jones V + i,3?•)
Vi^e Chancellor for Business and Finance
CB #1000, ! South Building
Chapel Hill, North Carolina 27599-1000
near Mr.. Jones:
I
Reference your application of September 16, 1993, for Department of the ;
Army authorization to discharge fill material within waters of -:he United
• StAtez, causing the loss of 2.71 acres of wetlands adjacent. to, and above. the
headwater of, unnamed tributaries to Morgan Creek, for construccion of a
re:novat:ion and 9-hole expansion of the existing Finley Golf Course., and the
addition of a recreation area, south of NC54 and east of US 15/r301, east 04,
Caapal Hill, orange County, North.Carolina.
For the purposes of the Corps of Engineers' Regulatory ?rogram, Ti.c_e '.:1,
Cocin of Federal Regulations (CPR), Part 330.6, published in the =eder3l
Register nn November 22, 3.991, lists nationwide permits. Aithcrization wax
provided, pursuant to Section 404 of the Clean Water Act, far discharge.s o
dredged or fill material into headwaters and isolated waters.
your work, causing the loss-of 2.71 acres of wetlands, is authorized.hy
this nationwide permit provided it is accomplished in strict accordance: wi:.h
the ?lncloscd conditions and provided you receive a Section 401 water aualir.v
certification from the North Carolina Division of Environmeacal Management
'*You should contact m=. John Dorney, telephone (.919) 733-1,86, ra ard?r_- :a!:tr
qualitf certification. This nationwide permit does not reliev you of the
reapensibility to obtain other required State or local approval.
This verification will be valid for 2 years from the date of this latt-c'
unless the nationwide authorization is modified, reissued, or revzl:ed. Also,
this verification will remain valid for the 2 years if, during char: -Deriodl.
the nationwide permit authorization is reissued without modi,::aation or c:ze
activity complies with any subsequent modification of the --a=1-on wide perr:i
-' authorization. If during the 2 years, the nationwide per; :.t 3uchc•= i ?.Z =lot:
expires or is suspended or revoked, or is modified, such that nice .ac_tiv_tt:
would no longer comply with the terms and conditions of the na =ion-vi e E7?_r-s?'• .
activities jwhich have commenced (i.e., are under construcc_orl or ,ar:: Lulder
contract to commence in reliance upon the nationwide perm, -=
• ?•4!1.?! 19'36
14:,45 9199629103
FACILITIES PL41NING
-2-
PAG:E e i
1
authorized provided the activity is completed within 12 months of t::e date of
tare n3ri?awide permit's, expiration, modification or revocat_or., unleze
diRcretionary authority has been exercised on a case-by-cage 1:a3is zo no(Iity,
au:,prnd, jar revoke the authorization.
I
pl."ape mote that this authorization is valid for the work das::rite above
ortly, an I impacts of subsequent projects on this property would h;v2 to lie
cortslder?d cumulatively with these impacts. Questions or comments inay bK
addressee to Mr. Eric Alsmeyer, Raleigh Regulatory Field Office, at. t_lev::one
(919) 816,-8441, extension 23.
sincerely,
O, a Wrig r
Chief, Regulatory Branch
El?clo-su•re
Copy rv
(with enclosure):
The John R. McAdams company,'.Ine.
Attn.: Mr{ Roy P. Lorenzen, P.E.
S.O. Rox 14005
Rr3,earc.h Triangle Park, North Carolina 27709
copies Furnished (without enclosure) :
Cringe County Department of Planning
Attn.: Mrs,. Jim Hinkley
-306F RHvere Road
Hillshorough, North Carolina 27278
me. .7ohh Zorney
Water Quality section
Divi.sior. Cif Environmental Management
North Carolina Department of .
Health and
..rvirocralent,
Natural Resources
?ost of!ic? Box 27687
Raleigh, North Carolina 27611-7687
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROUNA28402-1890
OF
June 6, 1996
Regulatory Branch
Action ID No. 199602197 and Nationwide Permit No. 14 (Minor Road
Crossing )
The University of North Carolina
at Chapel Hill
ATTN: Mr. Wayne R. Jones
Vice Chancellor, Business & Finance
212 Finley Golf Course Road
Chapel.Hi11, North Carolina 27514
Dear Mr. !Jones :
Reference your application of April 30, 1996, for Department
of the Army (DA) authorization to discharge fill material into
0.25 acre of jurisdictional wetlands associated with the
construction of a temporary road to allow for installation of
monitoring wells, investigations, and potential removal/
remediati'on of hazardous materials. Specifically, the project is
located at the terminus of an existing dirt path on the Mason
Farm, approximately 1 mile southeast of S.R. 1900 and Finley
Forest Golf Course, in Chapel Hill, Orange County, North
Carolina.i The project is'located adjacent to, and below the
headwater'' of, Morgan Creek and Jordan Lake.
For the purposes of.the Corps of Engineers' Regulatory
Program, Title 33, Code of Federal Regulations (CFR), Part 330.6,
published in the Federal Register on November 22, 1991, lists
nationwide permits. Authorization, pursuant* to Section 10 of the
Rivers and Harbors Act of 1899 and Section 404 of the Clean Water
.Act, was provided for fills for roads crossing waters of the
United States (including wetlands and other special aquatic
sites) provided:
a. The width of the fill is limited to the minimum necessary
for the actual crossing;
b. The fill placed in waters of the United States is limited
to a filled area of no more than one-third acre. Furthermore, no
more thania total of 200 linear feet of the fill for the roadway
can occur 'in special aquatic sites, including wetlands;
C. Thee crossing is culverted, bridged or otherwise designed
to preventl,the restriction of, and to withstand, expected
highflows and the movement of aquatic organisms;
-2-
d. IThe crossing, including all attendant features, both
temporary and permanent, is part of a single and complete project
for crossing of a water of the United States; and
e. For fills in special aquatic sites, including wetlands,
the pernittee notifies the District Engineer (DE) in accordance
with thel"Notification" general condition.
Your proposed work is authorized by this nationwide permit
providedIt is accomplished in strict accordance with your
submitted plans, the enclosed conditions and the following
special condition:
All temporary fill must be entirely removed to upland areas
following completion of the monitoring activities and/or
remediation of the waste site (whichever is the final action
deemed necessary by the State), and the affected areas
restored to the pre-project conditions. Temporary fill
material may remain in jurisdiction wetlands for a period
not to exceed l year.
In addition to the above conditions, you must-receive a
Section 9'01 water quality certification from the North Carolina
Division of Environmental* ' Management (NCDEM). You should contact
Mr. JohnDorney, telephone [phone], regarding water
quality certification. This nationwide permit does not relieve
you of the responsibility to obtain other required State or local
approval.!,
i
This verification will be valid until the nationwide permit
is modified, reissued or revoked, which will occur prior to
January 2'1, 1997. It is incumbent upon you to remain informed of
changes to the nationwide permits, which will be announced by
public no?ice when they occur. If you commence, or are under
contract to commence, this activity before the date the
nationwide permit is modified or revoked, you will have twelve
months from the date of the modification or revocation to
complete the activity under the present terms and conditions of
this nationwide permit.
-3-
Questions or comments may be addressed to Mrs. Jean B.
Manuele,l, Raleigh Field Office, Regulatory Branch, telephone
[phone], Extension 24.
Sincerely,
S. Kenneth Jol ny
Manager, Raleigh Regulatory
Field Office
Enclo
Copies Furnished (without enclosure):
Mr. John Dorney
Division of Environmental Management
North Carrolina Department,of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh,INorth Carolina 27626-0535
Mr. Robert Walton
The University of North Carolina
at Chapel Hill
212 Finley Golf Course Road
Chapel Hull, North Carolina 27514
1
' Mr . Adam ;Ayers
Project Staff Scientist/Biologist
Geraghty & Miller, Inc.
CrossPointe II
2840 Plaza Place, Suite 350
Raleigh, North Carolina 27612
Mr. John Young, Project Manager
B. Evere4 Jordan Dam and Lake Office
2080 Jordan Dam Access Road
Moncure, North Carolina 27559
I
L?'' I Very ?` . ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID.: 200020317
County: Orange
DEC 2 0 i999
GENERAL PERT IIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: University of North Carolina at Chapel Hill (Hazardous Waste Site)
Address: Attn: Mr. Larry Daw
j 212 Finley Golf Course Road
Chapel Hill, North Carolina 27514
Telephone Number: [phone]
Size and iocation of project (waterway, road name/number; town, etc.): 100+ acres located
approxunately 1' mile southeast of the intersection of Finley Golf Course Road (SR'1900). and
Old Mason Farm Road on a portion of the Mason Farm Tract, southeast of Chapel Hill, North
Carolina. I The project is located adjacent to, and below the headwaters of, Morgan Creek.
Description of Activity: Mechanized landclearing, excavation and backfilling of 0.9 acre of
jurisdictional wetlands associated with the soil and groundwater remediation activities for an
existing hazardous and toxic waste disposal area.
X Section 404 (Clean Water Act, 33 USC 1344) only.
Section 10 (River and Harbor Act of 1899) only.
Section 404 and Section 10.
38 Nationwide Permit
Any violation of the conditions of the Regional General or Nationwide Permit referenced above
may subject the permittee to a stop work order, a restoration order, and/or appropriate legal
action. I
This Department of the Army Regional General/Nationwide Permit verification does not relieve
the permittee of the responsibility to obtain any other required Federal, State, or local
approvals/permits. The permittee may need to contact appropriate State and local agencies
before beanninia work.
Regulatory Project Manager Signatur.` ?"?
Date 16 December 1999 Expiration Date 16 December 2001
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
sp
by
pro
"No
NWIDE PERMIT #38. CLEANUP OF HAZARDOUS AND TOXIC WASTE. Authorizes
fic activities required to effect the containment, stabilization or
al of hazardous or toxic waste materials performed, ordered or sponsored
governmental agency with established legal or regulatory authority
ded the permittee notifies the District Engineer (DE) according to the
fication" general condition.
Note For discharges in special aquatic sites, including wetlands, the
noti ication must include a delineation of affected special aquatic sites,
includinq wetlands.
NATIONWIDE PERMIT CONDITIONS
I1. Navigation. No activity may cause more than a minimal adverse
effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be
properly maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion rind siltation','
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below
the ordinary high water mark or high tide line, must be permanently stabiliSed
at thelearliest practicable date.
41?. Aquatic life movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the water body,
including those species which normally migrate through the area,'unless the
activity's primary purpose is to impound water.
I
5 Equipment. Heavy.equipment working in wetlands must be placed on
mats, ar other measures must be taken to minimize soil disturbance.
6.I Regional and case-by-case conditions. The activity must comply with
any regional conditions which may have been added by the Division Engineer
(see 3* CFR 330.4(e)) and with any case specific conditions added by the Corps
or by the State or tribe in its section 401 water quality certification.
7.1 Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status; unless the appropriate Federal agency,
with direct management responsibility for such river, has determined in
writing-that the proposed activity will not adversely effect the wild and
Scenic River designation, or study status. Information on wild and Scenic
Rivers may be obtained from the appropriate Federal land management agency in
the areal(e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife service.)
e. Tribal rights. No activity or its operation may impair tribal
rights, including, but not limited to, reserved water rights and treaty
fishing And hunting rights.
9. later quality certification. The permittee must comply with all
conditions of. General Water Quality Certification No. 3116, issued by the
North Carolina Division of Water Quality (NCDWQ) on February 11, 1997.
I
r ' 'J-
10. Coastal zone management. The North Carolina Division of Coastal
Management (NCDCMM), has determined. that this nationwide permit is
conditionally consistent with the North Carolina Coastal Management Program.
Notification to and written concurrence from the NCDCM is required prior to
work in the twenty (20) coastal counties of North Carolina.
11. Endangered species..
a. No activity is authorized under any NWP which is likely to
jeopardize the continued existence of a threatened or endangered species or a
species proposed for such designation, as identified under the Federal
Endangered Species Act, or which is likely to destroy or adversely modify the
critical habitat of such species. Non-Federal permittees shall notify the
District Engineer if any listed species or critical habitat might be affected
or is in the vicinity of the project, and shall not begin work on the activity
until notified by the District Engineer that the requirements of the
Endangered Species Act have been satisfied and that the activity is
authorized.
b.' Authorization of an activity by a nationwide permit does'
..._....
not autY orize •the take of a threatened or endangered species as. . defined..
under the Federal Endangered Species, Act. In 'the absence of separate
authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with
incidental take provisions, etc.) from the U.S. Fish and Wildlife Service
or the National Marine Fisheries Service, both lethal and non-lethal
takes ofdprotected species are in violation of the Endangered Species
Act. Information on the location of threatened and endangered species
and their critical habitat can be obtained directly from the offices of
the U.S.,Fish and Wildlife Service and National Marine Fisheries service
or their world wide web pages at http://www.fws.gov/'r9endspp.html and
http://k.nqfish.spp.=fs.gov/t=intyr/prot_res.html#ES and Recovery,
respectively.
12.I Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic!Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permittee must be
notify the District Engineer. if the authorized activity may affect any
historic lproperties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National lRegister of Historic Places, and shall not begin the activity until
notified ?y the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4(8)).
13. INotification.
Via. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) as early as possible and shall not begin the
activity:I
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or
i
I
(2) 'If notified by the District or Division Engineer that an
indivi4al_permit is required; or
'I (3) Unless 30 days have passed from the District Engineer's
receiptlof the notification and the prospective permittee has not received
notice from the District or Division Engineer. Subsequently, the permittee's
right to proceed under- the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d)(2).
b. Contents of notification. The notification must be in writing
and include the following information:
(1) Name, address and telephone numbers of the prospective
permi.ttze;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's
purpose;d direct and indirect adverse environmental effects the project would
cause; and other NWP(s), regional general permit(s) or individual permit(s)
used or intended to be used to authorize any part of the proposed project-or••
any related activity; and
(4) For NWP 38, the PCN must also include a delineation of
afrected'ispecial aquatic sites, including wetlands (see paragraph 13.f.).
C. Form of Notification: The standard individual permit
application form (Form ENG 4345) may be used as the notification but must
clearly indicate that it is a PCN and must include all the information
requirediin b.(1)-(4) of General Condition 13. A letter may also be used.
d. District Engineer's Decision: In reviewing the pre-
construction notification for the proposed activity, the District Engineer
will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be
contrary to the public interest. The prospective permittee may, optionally,
submit a proposed mitigation- plan with the pre-construction notification to
expedite the process and the District Engineer will consider any optional
mitigation the applicant has included in the proposal in determining whether
the net adverse environmental effects of the proposed work are minimal. if
the District Engineer determines that the activity complies with the terms and
conditions of the NWP and that the effects are minimal,-the District Engineer
will notify the permittee and include any conditions the District Engineer
"deems necessary.
Any mitigation proposal must be approved by the District Engineer prior
to commending work. If the prospective permittee elects to submit a
mitigationli plan, the District Engineer will expeditiously review the proposed
mitigation plan, but will not commence a second 30-day notification procedure.
If the netiadverse effects of the project (with the mitigation proposal) are
determinedlby the District Engineer to be minimal, the District Engineer will
provide a timely written response to the applicant stating that the project
can proceed under the terms and conditions of the nationwide permit.
r 4
X10. Coastal zone management. The North Carolina Division of Coastal
Management (NCDCM)., has determined that this nationwide permit is -
conditionally consistent with the North Carolina Coastal Management Program.
Notification to and written concurrence from the NCDCM is required prior to
work ?n the twenty (20) coastal counties of North Carolina.
11. Endangered species..
a. No activity is authorized under any NWP which is likely to
jeopardize the continued existence of a threatened or endangered species or a
species proposed for such designation, as identified under the Federal
Endangered Species Act, or which is likely to destroy or adversely modify the
critical habitat of such species. Non-Federal permittees shall notify the
District Engineer if any listed species or critical habitat might be affected
or is in the vicinity of the.project, and shall not begin work on the activity
until ?otified by the District Engineer that the requirements of the
Endangered Species Act have been satisfied and that the activity is
authorized.
i
b.' Authorization of an activity by a nationwide permit does'
not authorize the take of a threatened or endangered species as.defined......_., ..
under the Federal Endangered Species, Act. In the absence of se?arate-••-
authorization (e.g., an ESA Section 10 Permit, a Biological opinion with
incidental take provisions, etc.) from the U.S. Fish and Wildlife Service
or the 'ational Marine Fisheries Service, both lethal and non-lethal
takes of protected species are in violation of the Endangered Species
Act. Information on the location of threatened and endangered species
and their critical habitat can be obtained directly from the offices of
the U.S Fish and Wildlife Service and National Marine Fisheries Service
or their world wide web pages at http://www.fws.gov/'r9endspp.html and
http://kingfish.spp.mnfs.gov/tmcintyr/prot_res.html#ES and Recovery,
respectively.
121, Historic properties. No activity which may affect historic
properties listed, or eligible for listing, in the National Register of
Historic', Places is authorized, until the District Engineer has complied with
the provisions of 33 CFR 325, Appendix C. The prospective permi.ttee must be
notify the District Engineer.if the authorized activity may affect any
historic lproperties listed, determined to be eligible, or which the
prospective permittee has reason to believe may be eligible for listing on the
National; Register of Historic Places, and shall not begin the activity until
notifiediby the District Engineer that the requirements of the National
Historic !Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be. obtained from the State Historic Preservation office and the National
Register of Historic Places (see 33 CFR 330.4(g)).
13.? Notification.
a. Timing. Where required by the terms of the NWP, the
prospective permittee must notify the District Engineer with a Pre-
Construction Notification (PCN) as early as possible and shall not begin the
activity:',
(1) Until notified by the District Engineer that the activity
may proceed under the NWP with any special conditions imposed by the District
or Division Engineer; or
i
' . . 4
If the District Engineer dete mines that the adverse effects of the
proposed work are more than minimal, then he will notify the applicant either:
(1) that the project does not qualify for authorization under
the NWP and instruct the applicant on the procedures to seek authorization
under an individual permit;
(2) that the project is authorized under the NWP subject to the
applicant's submitting a mitigation proposal that would reduce the adverse
effects to the minimal level; or
(3) that the project is authorized under the NWP with specific
modifications or conditions.
e. Agency Coordination. The District Engineer will consider any
comments from Federal and State agencies concerning the proposed activity's
compliance with the terms and conditions of the NWPs and the need for
mitigation to reduce the project's adverse environmental effects to a minimal
level.
For NWP 38. The District Engineer will, upon receipt of a•no•tification,
provide immediately, e.g., facsimile transmission, overnight mail or'•other•
expeditious manner a copy to the appropriate offices of the Fish and Wildlife
Service, state natural resource or water quality agency, EPA , State Historic
Preservation Officer (SHPO), and if appropriate, the National Marine Fisheries
Servile. Agencies will then have 5 calendar days from the date the material
Is transmitted to telephone or fax the District Engineer notice that they
intend to provide substantive, site-specific comments. If so contacted by an
agency, the District Engineer will wait an additional 10 calendar days before
making'a decision on the notification. The District Engineer will fully
consider agency comments received within the specified time frame, but will
provide no response to the resource agency. The District Engineer will
indicate in the administrative record associated with each notification that
the resource agencies' concerns were considered. Applicants are encouraged to
provide the Corps multiple copies of notifications to expedite agency
notifications.
f. Wetlands Delineations. Wetland delineations must be prepared
in accordance with the current method required by the Corps. The permi.ttee
may ask the Corps to delineate the special aquatic site. There may be some
delay if the Corps does the delineation. Furthermore, the 30-day period will
-.not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate.
g. Mitigation. Factors that the District Engineer will consider
when determining the acceptability of appropriate and practicable mitigation
•includey but are not limited to:
capable
light o]
(1) To be practicable, the mitigation must be available and
of being done considering costs, existing technology and logistics in
the overall project purposes; and
1.
(2) To the. extent appropriate, permittees should consider
mitigation banking and other forms of. mitigation including contributions to
wetland trust funds, inlieu fees to organizations such as The Nature
Conservancy, State or county natural resource management agencies, where such
feesjcontribute to the restoration, creation, replacement, enhancement or
preservation of wetlands. Furthermore, examples of mitigation that may be
appropriate and practicable include but are not limited to: reducing the size
of the project; establishing wetland or upland buffer zones to protect aquatic
resource values; and replacing the loss of aquatic resource values by
creating, restoring and enhancing similar functions and values. In addition,
mitigation must address wetland impacts, such as functions and values, and
cannot be simply used to offset the acreage of wetland losses that would occur
in order to meet the acreage limits of some of the NWPs (e.g., for NwP 26, 5
acresiof wetlands cannot be created to change a 6-acre loss of wetlands to a 1
acre loss; however, 2 created acres can be used to reduce the impacts of a 3-
acre loss.).
14. Compliance certification. Every permi.ttee who has received a
nationwide permit verification from the Corps will submit a signed
certification regarding the completed work and any required mitigation. The
certification will be forwarded by the Corps with the authorization letter and
will include:
a. A statement that the authorized work was done in accordance with
the Corps authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in
accordance with the permit conditions; and
I c. The signature of the permittee certifying the completion of the
work and mitigation.
15I. Multiple use of nationwide permits. In any case where NWP number
12 through 40 is combined with any other NWP number 12 through 40, as part of
a single and complete project, the permittee must notify the District Engineer
in actor
Conditio
other NV
required
differen
Hawever,?
project.,
ante with paragraphs a., b., and c. of the Notification General
number 13. Any NWP number 1 through 11 may be combined with any
without notification to the Corps, unless notification is otherwise
by, the terms of the NWPs. As provided at 33 CER 330.6(c) two or more
NWPs can be combined to authorize a single and complete project.
the same NWP cannot be used more that once for a single and complete
% -
SECTION 404 ONLY CONDITIONS
In addition to the General Conditions, the following conditions apply
only to activities that involve the discharge of dredged or fill material in
waterslof the United States, and must be followed in order for authorization
by theNWPs to be valid:
I
?,. Water supply intakes. No discharge of dredged or fill material may
occur in the proximity of a public water supply intake except where the
discharge is for the repair of the-public water supply intake structure or
adjacent bank stabilization.
i
21. Shellfish production. No discharge of dredged or fill material may
occur in areas of concentrated shellfish production; unless the discharge is
directly related to a shellfish harvesting activity authorized by NW? 4.
3? Suitable material. No discharge of dredged or fill material may
consist of unsuitable material (e.g., trash, debrits, car bodies, asphalt,
etc.,) land material discharges must be free from toxic pollutants in toxic
amounts (see Section'307 of the Clean Water Act).
4. Mitigation. Discharges of dredged of fill material into waters of
the United States must be minimized or avoided to the maximum extent
practicable at the project site (i.e., on-site), unless the District Engineer
approve a compensation plan that the District Engineer determines is more
beneficial to the environment than on-site minimization or avoidance measures.
5.I Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
6. obstructions to high flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of.normal or
expected high flows or cause the relocation of the water (unless the primary
purpose;of the fill is to impound waters).
7.I? Adverse effects from impoundments. If the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent possible.
S. li Waterfowl breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum extent practicable.
9. ''Removal of temporary fills. Any'temporary fills must be removed in
their entirety and the affected areas returned to their preexisting elevation.
.k
REGIONAL CONDITIONS
ll. Prior to the use of any nationwide.permit in a designated
"Outstanding Resource Water" (ORW), a designated "High Quality Water" (HQW) or
a designated "Primary Nursery Area" (PNA) of North Carolina or in contiguous
wetlands (as defined•by the North Carolina Division of Water Quality) to any
of t* above waters, 'proponents must notify the Wilmington District Engineer
and furnish a written statement of compliance with all of the conditions of
the applicable nationwide permit. Notification will include the location of
work; a description of work; a delineation of wetlands; a discussion of
alternatives to working in the waters and/or contiguous wetlands and why
alternatives were not selected; and a plan to mitigate for all unavoidable
adverse' - impacts to the waters and/or contiguous wetlands as may be required by
the applicable nationwide permit. Work may proceed only after the permittee
has received written, telephonic or faxed approval to proceed from the
District Engineer. Normally such notice to proceed will be furnished within
thirty (30) days of receipt of the above information.
I
2.i Prior to the use of any nationwide permit in.a designated "Area of
Environmental Concern" (AEC) in the twenty (20.) counties of Eastern North
Carolina covered by the Coastal Area Management Act (CAMA), a proponent-must -
obtain the required LAMA permit and furnish a'copy'of the CAMA•permit to the
Wilmington District Engineer.
3.111 Prior to the use of any nationwide permit on a barrier island of
North Carolina, a proponent must notify the Wilmington District Engineer and
furnish ,a, written statement of compliance with all conditions of the
applicable nationwide permit. Notification will include the location of
work; a description of work; a delineation of wetlands; a discussion of
alternatives to the work and why alternatives were not selected; and a plan to
mitigate; for all unavoidable adverse impacts to wetlands or waters as may be
required by the conditions.of the applicable nationwide permit. Work may
proceed only after the permittee has received written, telephonic or faxed
approvallto proceed from the District Engineer. Normally such notice to
proceed will be furnished within thirty (30) days of receipt of the above
information.
4. (Prior to the use of any nationwide permit in a "Mountain Bog" of
North Carolina, a proponent must not the-Wilmington District Engineer and
'furnish a written statement of compliance with all of the conditions of the
applicable nationwide permit. Notification will include the location of
work; a description of work; a delineation of wetlands; a discussion of
alternatives to the work and why alternatives were not selected; and a plan to
mitigate for all unavoidable adverse impacts to wetlands or waters. Work may
proceed only after the permittee has received written, telephonic or faxed
approval 'to proceed from the District Engineer. Normally such notice to
proceed will be furnished within thirty (30) days of receipt of the above
information.
5.
waste fac
notify tht
e
compliance
Notificat.'
delineatil
Prior to the use of any nationwide permit for construction of animal
Llities in waters and/or wetlands of North Carolina, a proponent must
Wilmington District Engineer and furnish a written statement of
i with all conditions of the applicable nationwide permit.
Lon will include the location of work; a description of work; a
)n of wetlands; a discussion of alternatives to the work and why
? 4?
? y.
alternatives were not selected; and a plan to mitigate for all unavoidable
adverse impacts to wetlands or waters as may be required by the conditions of
the applicable nationwide permit. Work may proceed only after the permittee
has received written, telephonic or faxed approval to proceed from the
District Engineer. Normally such notice to proceed will be furnished within
thirty (30) days of receipt of the above information.
6i. The total area of wetlands impacted under any nationwide permit must
not e?Cceed the area limits stated in the nationwide permits drained by upland
permitter ditches or by other means.
7r Prior to the use of any nationwide permit in Mountain Trout Waters
within twenty-five (25) designated counties of North Carolina, a proponent
must notify the Wilmington District Engineer and furnish a written statement
of compliance with all the conditions of the applicable nationwide permit.
Not! fication.will include a letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC) ; the location of work; a delineation of
wetlands; a discussion of alternatives to working in the Mountain Trout Waters
and wkly alternatives were not selected; and a plan to mitigate for all
unavoi'dable-adverse impacts -to the Mountain-Trout Waters. Work may proceed
only a'ifter the permittee has received written, telephonic or faxed approvaz'.to
proceed from the District Engineer. Normally such notice to proceed will be
furnished within thirty (30) days of receipt of the above information.
a. The twenty-five (25) designated counties are:
Alleghany Ashe Avery
Buncombe Burke Caldwell
Cherokee Clay Graham
Haywood Henderson Jackson
Macon j Madison McDowell
Mitchell Polk Rutherford
Stokes!, curry Swain
Transylvania Watauga Wilkes
Yancy
b. To obtain the required letter of approval from the North Carolina
Wildlife Resources Commission (NCWRC), a proponent should contact:
North Carolina Wildlife Resources Commission
i Habitat Conservation Program Manager
512 North Salisbury Street.
Raleigh, NC 27611
Telephone [phone]
I STATE CONSISTENCY CONDITION
if the proposed activity is within the North Carolina Coastal Area, the
applicant must receive written concurrence from the North Carolina Division of
Coastal Management (NCDCM) that the activity is consistent with the North
Carolina Coastal Management Program.
GENERAL CERTIFICATION CONDITIONS
1i Proposed fill or substantial modification under this General
Certification requires written concurrence from the North Carolina Division of
Water?Quality (NCDWQ).
2' Appropriate sediment and erosion control practices which equal or
exceed those-outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" or the "North
Carolina Surface Mining Manual" (available from the North Carolina Division of
Land Management in the DEHNR Regional or Central Offices) will be utilized to
prevent exceedances of the appropriate turbidity water quality -.standard•(50
NTU's i.n streams and rivers not designated as trout by NCDWQ, 25 NTU's in all
saltwater classes and all lakes and reservoirs, and 10 NTU's in trout waters).
3.` All sediment and erosion control measures placed in wetlands or waters
shall be removed and the natural grade restored after the North Carolina
Division of Land Resources has released the project.
4.i! If an environmental document is required, this Certification is not
valid until a FONSI or ROD is issued by the State Clearinghouse.
5. f Additional site-specific conditions may be added to projects proposed
under this certification in order to ensure compliance with all applicable
water quality and effluent' standards.
i
6. Concurrence from the North Carolina Division of Water Quality (NCDWQ)
that this Certification applies to an. individual project shall expire three
years from the date of the cover letter from the NCDWQ.
..,
Permit Number: 200020317, Nationwide Permit Number 33
Name of Permittee: University of North Carolina at Chapel Hill-Mason Farm
Hazardous Waste Site
Project Manager: Jean B. Manuele
I
Issuance: 16 December 1999
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to the following address:
E _.
US ARMY CORPS OF ENGINEERS
RALEIGH REGULATORY FIELD OFFICE
6503 FALLS OF NEUSE ROAD, SUITE 120
RALEIGH, NORTH CAROLINA 27615
Please note that your permitted activity is subject to a compliance inspection by an U.S.
Army Corps of Engineers representative. If you fail to comply with this permit you are
subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the terms and condition of the said permit, and required
mitigation was completed in accordance with the permit conditions.
Signature of Permittee
Environment
Water Quality
D E N R
P'ECEMD Novmeber 12, 1999
DWQ# 99-0079
NOV z z 1999 Durham County
ARCADJS Geraghty & Miller
James R. Ramsey
The University of North Carolina at Chapel Hill
212 Finley Golf Course Road
Chapel Hill, NC, 27514
I
APPROVAL of 401 Water Quality Certification -
Dear Mr. Ramsey:
You hate our approval, in accordance with the attached conditions, to perform remedial activities at the Mason >~arm Low-
Level Radioactive Waste Site, involving 0.9 acre of temporary fill in wetlands associated with Morgan Creek in Durham
County, as you• described in your application received by the Division of Water Quality on November 5, 1999. After reviewing
your application, we have determined that this fill is covered by General Water Quality Certification Numbers 3103 and 3116.
This Certification allows you to use Nationwide Permit Numbers 14 and 38 when issued by the U.S. Army Corps of Engineers.
In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will
expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid 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 for a new certification. -If the property is sold, the new
owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions.
If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached
certification.
If you do', not accept any of the conditions of this certification, 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
15013 of. the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-
7447. This certification and its conditions are final and binding unless you ask for a hearing.
. This letti
any questions,
completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
ease telephone John Dorsey at 919-733-9646.
Sincerely,
Se vens
Branch 1621 Mail Service Center Raleigh, North CaF? 27699
995921
# 733-
Telephone [phone]
,,,.u..., e.,,.,i.,,,o. ?,PC-veled/1090 post consumer paper
_ ?G 3CTS 3L=GI.B liZ
M_ )RI
C7yC?T.3T o-. *tT ?r-Q*f33?' 14 (?O?D
_Nj_ IS NXT=Ch-,•iiD- ?---T
?G? CC?2S a- C_?CSS='+GS 1 ..
- NOY 17
'Ca :53i:,r: ' _.': C^•i 6.- Zi.i_-V WIt7. the
Or S n C?-21 1 OZ' t ?
T :_5 ?.^.°-==1 C??C?C_ i.- ?
= ?r?-;,_iC Laws
_??..=n C S?C? Cai ?zG -?? -- ivision ai water
_
`s-ne a_*:'d sub ??== to tit,he' Ncr a Carol i SA NCAC
U , Ca? S?;"..,1 }t1C 5 1i NC: C 2:., Cci.=LCia .GROG d"L?. -We??'u'1C a===S
(? ,, a 1 '__v -. 11 - - - -;=, LC wat E_ 5- and
T t = .^•._' SC a==a C= __ Lila.
.GZ^G =o= 't 3 C. ??0 n?_e»c_x (31 (14) . c= t::A'Carscc -_?
as c -? ; = T! _?.. C
EccnEarI-CG--,,1 - , .S . .E. I Na=_C»wIGE ?6--?? VQ -Q55?:C Z^.C :S
aCtl?' =5 S all C1LC_ a_ f - -%+i+- a:: aC.°. /{+a.; S C?SC==1Ca:. -
1_ _i _ss t == cn_-:•- -' c= r '_ _33ue= or_ Nave.-__=
1 . 4:at Qua _- C= 2? 0 ssu=rz On
- c_.._..
wac?= i a_? :J Car:
-3-: r. 1 rta i?2 :SS?:a an HaY
1027, Q
2 _
0CL ?IltNat Q1===? -v CE. t 6 C^JrPS O. ..C. .°.5 reauc»c= _-c
1?a2 Thy s iv?C s _=-•__ -- - -: ate by C_= n-==C!-C= C= t =_
a?at 1C ? ACC ?' »_?-• ...__
ce_r`= - as that C«= SPe _
^?' Ci.SC= CC NO - lE3 a"gZ is a lE COczzio s oL ScC=_C .?
ao_ -:icy w_1? ?cc o t _-
Ca?=- :=f ';C= -= :. _,,;,i ].C Laws u? al'1 _
-.17 i, :G:/• ?it0 and 3 U t C. t«_ },a-'E=»ECt°? Sct iOCt»_
C°_ N Lr 1.
.w ___"r_
an'
L ?. .._-L ...:?
• _ ,mss ?-a=al moc=:ic tic« oL we:_la.cs or
-qui"as W-_
U= .,
j Ca-
w ct_r
C•^.:;C1 - =-C Divi-c-'Ca 0': Water rdual=•tl;
= 11 15 7 i mi C°_j to the MinLML'M IIBE? = = ==
G w::. O. t h=
• _ jai •^.,aain
P- '-
aC' M »=lil===^ 25 IIILLC.- as
_
s '+ v?3Gt4Ca•,is a. a,.,-aC=vz c?X=Si.Si a
t. at O ,i?_^ _S?a1 1 E? under the _Ca d in all streams SO as
CLC1i?
i . 7; ES Si:.'«^- C e Year Sto-M evErC as
? G?• 1.:?.C.L the 25 to C "'? - N-_"VO.Lt' Ca--oi :»a Erosion and
1?cst =n_t_cn c= t' ?? N?=uaT - or, •vort
w arc Des-
• Ca o_ be? Ow the e? _vatio, of th- -
:Pes shall he P1ac at - - CO. impede aquatic 1.._. mcv:?e =C;
a _. as ..c:.
• I o.OS.OI: C^a t_O_ uraC:.SCE3
s_ ': t Ma c ?z the 'North }-cl i=
w•ric h equal. Or e.YC= = ..ose ouclirec n u?,-1L-21 c=
t_o? ••pi ?:i-s and
_os cn a: Design _rc
c c S ._ I_=a Coar_ Manual- (available 1::. trV
_'
" 4o-,zh Ca_0-i a =SOtlrCas _:1?t.^.e D? Regrional and CarC-,i
?:?•rZg:O:: O: ,-C1 C Dr=Ve*1C exceera»ce5 o:: the
4==?cas1 a=- quality Sta_:ca- (SO N';Us -
Z;4 -
• rJdi - r des-J,,--aced, as Lt waters b V_
and r iv=== not lakes a^d r=sa ?Oi=s;
S.C-e,T="rtS classes, ant all
a:-:c 10 Ns . i = c_euc waters);
Laced iz w?_1'- =cs
I tl1 sed .-na-t azad osLan control meas-rE! P g'..Ce rastc=
=,a t 1 be "3rilCVei, and the na?.u
i a- waCe-s Sa____ ReSOUrC=S has relaased the
'r D1V1S4cr: C= Land
r- live or L_esh conc_3C=
a:C nreve_c ,1
a-e ' t
7. 'N_asuz=S n Co the St?..
::co Contact wt?: waters oz has r-a-
A N

9.
' J
---i i cat; cn is used to access builcir.S alI
be buildable without zd?c_ona_ ii__ beyond t.,UC
'.acs Mist -•
Cr''C1C:CatiC?s . 1 } .
Cwed Lnd=r ac her Ganer3l De_=
-_;?,C?Caions u-ZSC be Placer; C-41 t_Ie ==.M E; :1CS we ,1C5,C*' ..
_ ese lots to =ast=ica ,:uc::_a i11. LWQ st all be smart
s a- zll deed resa=ic=ions a Iie? to these lots;
• ?} b3-;i; e? -c= =oats iron nztu-a?
*_:C?t1CrL Siaa__
?S;Z g au::C to ai_?,u_al bugh Sral1 d. 'L'r'=.C.rt1L_Caa?an `_a_
Va=';anwics e i? t l8 may noc be used ccnjuncti cn w."a
this certi ?cat on to c=eace high S=ct'.d -a- -oat access;
_ _ czis C=_r?i=c=liar.
a :CNS- Oscab :s :sL.-. ,e by t_^_n State
s a cc Valid r v
i
ac^it_cna? s-•ce-specific conc=ticns may be added to
L rc- cscc. tL":Ca_ c:.5 C.=?.? ==C3:.iC3 ?.^. 0_d_ to
w. s•fra c,oa, •' -J ance with all }?'C"ic-able- water CL-_ Ly an
Lr -
Cc car-rance --0it1 E;WQ cb-at this C3= applies co an
=C- Sa:all eYJ:_ _ r -- = y =3= s -_ OIA C__^.e Cafe O
I_ha cove. =acts= a_cca DWQ.
-6 x, -C iii} C= WiC? O: •V_Cl aC'; . OL, c?e Cane=.
NC:- -_T 1 -•?--=-rr• SP.??? ~=-aiC =? ' 'iCCa'lOI1 Oc
_ =cc ?C may a_so
Of Wate, QL'2:l3-Cy way ..
i ^ liCac ian =0r i:jdivi d al _
cci0*' Oi a Cia?c_ a: D _ cy, i Z 4
?_ c_ jscc i" this c_Leca__ c. vin _
v ° _icstt acvr s e
C::M ?' the e_ajecc is 1i?Cely to have a s_cni._
X31 G°C+'aC_ the waters s0 C_h.at• 2X=5C'C ?: S 5
e=-art L:. '?iac =. GL-a_ity C? _ rar-1
aze 7__.._uCier.
v the ;eiccl'.= G cr COw''a s=a.+T•i waters
i _
;bl iC h_=.ri_'ICS may be ha_lC Tar spec-=3c agOli catiOns Or
crcis?oa if. de*a
r r• li cations Pria_ to a Cervi=i cat; 101-1
Ln Ca=c___w
c=o•L:. o_ a _ be st by the D. actor of cn= -Nor-,h
Water Qua l ay -
D_=.On c i
c_ wn Q
By
•1
gea. ca=.14
', - = 1103

GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
PS OF ENGINEERS NATIONWIDE PERMIT NUMBER 38 (C
nr NA7ARnOUS AND TOXIC WASTE)
This-General Certification is issued in conformity with. the
requirements of Section 401, Public Laws 92-500 and 95-217 of'the
United States and subject to the North Carolina Division of Water-
Quality JRegulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B
.0200 for the discharge of fill material to waters and wetland areas
as described in 33 CFR 330 Appendix A (B) (38). This Certification
replaces Water Quality Certification Number 2672 issued on January 21,
1992. This WQC is rescinded when the Corps of Engineers reauthorize
Nationwide 38 or when deemed appropriate by the Director of the DWQ.
The "ate of North Carolina certifies that the specified
category?of activity will not violate applicable portions of Sections
301, 302, 303„ 306 and 307 of the Public Laws 92-500 and 95-217 if
conducted' in. accordance-with i]he-conditions hereinafter set forth.-
Conditions of Certification:
1.
2.
3.
4.
5.
Proposed fill or substantial modification of waters or
wetlands for this General Certification requires written
concurrence from the Division of Water Quality;
That. "appropriate sediment and erosion control practices. that
equal or exceed those outlined in the most recent edition of
the.."North Carolina Sediment and Erosion Control Planning.
and Design Manual" or the "North Carolina Surface Mining
manual" (available from the Division of Land Resources in
the DEHNR Regional or Central offices) are utilized to
prevent exceedances of the appropriate turbidity water
quality standard (50 NTUs in streams and rivers not
designated as trout waters by DWQ; 25 NTUs•in all saltwater
classes, and all lakes and reservoirs; and 10 NTUs in trout
waters);
All sediment and erosion control measures placed in wetlands
or waters shall be removed and the natural grade restored
after the Division of Land Resources has released the
project;
If an environmental document is required, this' Certification
is not valid until a FONSI or ROD is issued by the State
Clearinghouse; ••
That additional site-specific conditions may be added to
projects proposed under this Certification in order to
ensure compliance with all applicable water quality and
effluent standards;
Concurrence from DWQ that this Certification applies to an
individual project shall expire three years from the date of
the cover letter from DWQ.
Non-compliance with or violation of
forth by al specific fill project shall
this Certification for the project and
and/or civil penalties.
the conditions herein set
result in revocation of
may also result in criminal
The Director of the North Carolina Division
require submission of a formal application for
cercificacion for any project in this category
of Water Quality may
individual
o'_ activity, if it is

I
determined that the project is likely to have a significant- adverse
effect upon water quality or degrade the waters so that existing uses
of the wetland or downstream waters are precluded.
Public hearings may be . held for specific applications or .
group* applications prior to a Certification decision if deemed
in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 11 February 1997.
DIVISION WATER QU ITY
i
BY
I
A. Preston 'Howard,- Jr. P.E.
Director `---. -?
gencert.38
wQC a 113116

3
,
APR Z 3 1937
DEPARTMENT OF THE ARMY
SAVANNAH DISTRICT, CORPS OF ENGINEERS
NORTH CAROLINA AREA REAL ESTATE OFFICE
301 ASHVILLE AVE., SUITE 111
REPLY TO CARY, NC 27511-6679
ATTENTION OF.
April 18, 1997
Estate Division
Carolina Area Real Estate Office
University of North Carolina at Chapel Hill
Health and Safety Office
Attn:, Mr. Robert O.• Walton
212 Finley Golf Course Road
Chapel Hill, North Carolina 27514
I
Dear Mr. Walton:
I have enclosed four copies of proposed Consent No. DACW21-9-96-1019,
for review and signature. The consent is granted to the University of North Carolina
at Chapel Hill for its proposed construction of temporary access roads for the
installation of monitoring wells located on Flowage Easement Tract No. 1805E of the
B. Everett Jordan Dam and Lake.
IIf you are in agreement. with the terms and conditions of the consent, please
have the appropriate official sign all copies, complete the Certificate of Authority and
return all copies to this office.
i
Upon execution on behalf of the United States, you will be furnished a fully
executed copy for your records.
you have any questions regarding this action, please contact Curtis Pope at
(919)
Sh G.Oe
Team Leader
NC Management Team
APR 2 3 1997
DISTRIBUTION: DATE ; CESAS-RE-RM_; CESAW-CO-J ;
CESAS-RE-N_; UNC HEALTH & SAFETY OFFICE._;
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
SAVANNAH DISTRICT
CONSENT NO. DACW21-9-96-1019
B. EVERETT JORDAN DAM & LAKE
TRACT NO. 1805E
CONSENT TO EASEMENT STRUCTURES
ORANGE COUNTY, NORTH CAROLINA
WHEREAS, the United States has acquired a perpetual flowage easement interests '
over Tract No. 1805E on lands located at B. Everett Jordan Dam & Lake, North Carolina, as
recorded in Deed Book 263, page 642 of the records of Orange County, North Carolina.
WHEREAS, said easement grants to the United States the right of prior approval for any
structure to?be located within the easement area, which area is under the operational control of
the U. S. Army Corps of Engineers, Wilmington District; and
WHEREAS, the United States has been requested to give consent to construct, use,
maintain, control, operate and repair a temporary access road right-of-way on and across
Flowage Easement Tract No. 180SE for the installation of monitoring wells on the said
easement premises.
NOW THEREFORE, the United States hereby gives. consent to the UNIVERSITY OF
NORTH CAROLINA, its successors and assigns,' hereinafter designated as grantee, to
construct, use, maintain, control, operate and repair a road right-of-way on and across the
-above identied tract for the installation of monitoring wells at the locations shown on Exhibits
"A" and "B", attached hereto and made a part hereof,
PROVIDED HOWEVER, that this consent is subject to the following conditions:
1. All activities conducted on the premises shall comply with all applicable Federal, state,
county and municipal laws, ordinances and regulations wherein the premises are located.

NO. DACW21-9-96-1019
B. EVERETT JORDAN DAM & LAKE, NC
2. The giving of this consent does not in any way subordinate the United States prior
easement's rights. The United States shall in no case be liable for any damage or injury to the
structures herein consented=to, which may be caused by any action of the United States under
its easement, or that may result from future operations undertaken by the United States, and no
claim or ?ight to compensation shall accrue from such exercise of the United States' easement
rights.
3. The United States shall not be responsible for damages to property or injuries to
persons which may arise from or be incident to the exercise of the consented activity.
4. This instrument is effective only insofar as the rights of the United States in the
premises 'are concerned; and the grantee shall obtain such permission as may be required on
account of any other existing rights. It is understood that this consent does not eliminate the
necessity for obtaining any Department of the Army permit which may be required pursuant to'.
the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151;-
33 USC 403), Section 404 of the Clean Water Act (33 USC 1344) or any other permit or
license which may be required by Federal, state, interstate or local laws in connection with the
use of the iremises.
i
5. All notices to be given pursuant to this easement shall be addressed, if to the Grantee,
to the University of North Carolina at Chapel Hill, Health and Safety Office, 212 Finley Golf
Course Road, Chapel Hill, North Carolina 27514 and if to the United States, to the District
Engineer, U.S. Army Engineer District, Savannah, Attention: Chief, Real Estate Division,
100W. Oglethorpe Avenue, P.O. Box 889, Savannah, Georgia 31402-0889; or as may from
time to time otherwise be directed by the parties. Notices shall be deemed to have been duly
given if andi when enclosed in a properly sealed envelope or wrapper addressed as aforesaid,
and deposited, postage prepaid, in a post office regularly maintained by the United States
Postal Service.
6. Within the limits of their respective legal powers, the parties hereto shall protect the-
premises against pollution of its air, ground, and water. The grantee shall promptly comply
with any laws, regulations, conditions or instructions affecting the activity hereby authorized if
and when issued by the Environmental Protection Agency, or any Federal, state, interstate or
local governmental agency having jurisdiction to abate or prevent pollution. The disposal of
any toxic or hazardous materials within the premises is strictly prohibited. Such regulations,
conditions, or instructions in effect or prescribed by the said Environmental Protection Agency
or any Federal, state, interstate or local governmental agency are hereby made a condition of
this consent. ;The grantee shall not discharge waste or effluent from the premises in such a
manner that the discharge will contaminate streams or other bodies of water or otherwise
become a public nuisance.
N i
CONSENT NO. DACW21-9-96-1019
B. EVE TT JORDAN DAM & LAKE, NC
7. The use of any pesticides or herbicides within the premises shall be in conformance
with all applicable Federal, state and local laws and regulations.
8. The grantee will use all reasonable means available to protect the environment and
natural resources, and where damage nonetheless occurs arising from the grantee's activities,
the grantee shall be liable to restore the damaged resources.
This consent is not subject to Title 10, U.S.C., Section 2662.
IN WITNESS WHEREOF, I have hereunto set my hand, by authority of the Secretary of
the Army this day of , 19
THIS 0
19
Signed and
is also executed by the grantee this day of ,
UNIVERSITY OF NORTH CAROLINA
Signature:
in the presence of:
i
Notary Public;
(SEAL)
I
i
I
CONSENT NO. DACW21-9-96-1019
B. OERETT JORDAN DAM & LAKE, NC
CERTIFICATE OF AUTHORITY
I,
the
of
for the University of North Carolina who signed
the foregoing instrument on behalf of the University of North Carolina, the Grantee who was
then the of the. I further certify that the said officer was acting with
the scope of powers delegated to this officer by the governing body of the Grantee in executing
said instrument.This day of , 1997.
Authorizing Official
Title
i
41
j
O
j ?
I O
,r
certify that I am the

r 4, I
i
CONSENT NO. DACW21-9-96-1019
B. EVERETT JORDAN DAM & LAKE, NC
ACKNOWLEDGMENT
STATE, OF GEORGIA)
: ss
COLR?I?Y OF CHATHAM)
BI efore me a Notary Public in and for the County of Chatham, personally appeared
to me known to be the identical person''and officer whose
name is
the said
therein
ibed to the foregoing instrument, and acknowledged to me that he/she executed
nent by direction of the Assistant Secretary of the Army (I,L & E) for the purpose:
as the act and deed of the United States of America.
under my hand and seal, this day of 119-1
NOTARY PUBLIC
(SEAL)
My Commision Expires:
I
i
0
O
d
G,0(110119

N
782,000
h
710,000 N
i
-?7e.000_ N
•?: `4QO N
"THIS MAP IS NOT A CERTIFIED
SURVEY AND NO RELIANCE MAY
BE PLACED IN ITS ACCURACY."
"G.S. 47-30 (n)"
}
N
DEPARTMENT OF THE ARMY
OFFICE OF THE SAVANNAH DISTRICT ENGINEER
SOUTH ATLANTIC DIVISION
B..EVERETT JORDAN DAM & LASE
CONSENT NO. DACW21-9-96-1019
GRANTEE: UNIVERSITY OF NORTH CAROLINA
CONSENT FOR ACCESS ROADS AND MONITORING WELLS
SUBJECT AREA: PORTION OF TRACT NO. 1805E
1.40 ACRES
SCALE: NTS DATE: 4/15/1997
EXHIBIT "A"
y S
I
,II
i
i
f
N
DY6 D•74 33AMIS ?6if Net SNO7L24 AL 11W u1.C M&%,wQ W-W O[OM A. P94M .V/6DK4 L NGQi DA11M A. 1AARD/
I Wlbndtr??," - "
AwAicT MDdLrwd 2wd
" Aoad L
. ; Caes4udad \ e . .
Cr1•iMq"_ // aof Cb1
Road •.?: " ?? ` Re" " 1805
A To 0• •lA.1?t6>r .
C".4 A d
Amd
LECENO
,I
O PROPOSED M man WELL
+ PROPOSED SOIL BUM
PROPOSED SW
iI A SAMPLE PODtf AM WATER
l•+t 1m • cuss ma MONITOR WELL
ricuRE
JlW GERACFI'TY SITE MAP
/1Y fzr MILLER. INC: THE MASON FAA61 LOW LEVEL RADIOACTWC WASTE OLSPOSAL SITC
?/ 1klsinnwwdd S•rvim
THE UHHIERSRY OF ftORTN CMOLtNA AT CHAPEL KLL
CHAPEL HL4 NORTH CMOLWA
"THIS MAP IS NOT A CERTIFIED
SURVEY AND NO RELIANCE MAY
BE PLACED IN ITS ACCURACY."
"G.S. 47-30 (n)"
i
DEPARTMENT OF THE ARMY
OFFICE OF THE SAVANNAH DISTRICT ENGINEER
.SOUTH ATLANTIC DIVISION
B. EVERETT JORDAN DAM & LASE
CONSENT NO. DACW21-9-96-1019
GRANTEE: UNIVERSITY OF NORTH CAROLINA
CONSENT FOR ACCESS ROADS AND MONITORING WELLS
SUBJECT AREA: PORTION OF TRACT NO. 1805E
1.40 ACRES
SCALE: NTS DATE: 4/15/1997
EXHIBIT "B"

'07/10/2001 12:26 9199620227
v
all
XR6PLYTO
\ ATTENTION OF:
HEALTH AND SAFETY
'v
DEPARTMENT OF THE ARMY
SAVANNAH DISTRICT, CCRPS OF ENGINEERS
P.O. BOX 389
SAVANNAH, GEORGIA 314024M
November 13, 2000
Real Estate Division
PAGE 01
NOV 16 2MQ
Rece aeS bed Faga
11-1,10-Z00.0
04t?
SUBJECT: Consent No. DACW21-9-01-5401, The University of
North Carolina at chapel Hill, B. Everett Jordan Dam & Lake,
Orange County, North Carolina
if
Mr. ?T. Laurence Daw, P.G.
The University of North Carolina
.at Chapel. Hill
University Health and Safety Office
212 Finley Golf•Course Road, CB#1650
Chapel Hill, North Carolina 27514
i
Dear'tL.. Daw: ;.. ::.
I3 have enclosed i;i uvpy ur Cui sent No. DAC'1421-9-01-5401,
for your records. This Consent authorized the Grantee to
construct, operate and maintain a temporary access road
righti-of-way on and across Flowage Easement Tract No. 1804E
for ingress and egress purposes and to install and monitor
wells within the easement area.
i
Should you have any questions, please contact Wayne
Leatherwood of my staff at [phone].
4Sincre
Fountain
Enclosure
i Iraycn>?,rrt Tanta -
Leader
j Regional Management Branch
i
7871
Post-ie Fax Note Dd@ 1. lo-01
1
TO a4M{ Ff*- Larf 41,.?
coj"ept, A ss N' CO- ut_- H E KS
Phone V Phone ##
Y
Fax 0 1 n-L - ?S Fax S
_'07/10/2001 112:26 9199620227 HEALTH AND SAFETY PAGE 02
DISTRIBUTION: DATE ; CESAS-ItE-RM_; CESAW-OP-
FJ ; CESAS-RE-N ; UNC HEALTH & SAFETY OFFICE ._;
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
SAVANNAH DISTRICT
CONSENT NO. DACW21-MI-5401
CONSENT TO EASEMENT STRUCTURES
B. EVERETI' YORDAN DAM & LAKE
ORANGE COUN'T'Y, NORTH CAROLINA
WHEREAS, the United States has acquired a perpetual flowage easement Interest
over Tract Nn i.RftiP culland.gJomwA ar E• Everett lardstLDaMA Lake..North Carolina. as
recorded in Deed Book 253. page 642 of the records of "Se Count; No th Caro'l!=. .. .
WHPRBAS, said easement is under the operational control of the U. S. Army Corps of
Z''ngineCl3, Wilmington Mt dct; and ..
WHEREAS, said easement grants to the United States the right of p 'off r approval for
any structure to be located within the casement area; and
Tv'EEREAS, on 16 June 1997, at the request c: t ;• • e: *?a:d I C»:^?,,w.? a+
Cbapel Hill, hereinafter referred to as the Grantee, tba United. States executed Consent
A,greebae?st No. DAC:'giT21-Q-06-1019, ?ait1 ctv+su?s+t auttv+r;?rA ti,p..Crratwee tnrrm?,r?.? -------
operaw aad waincala a tenporary-a=css road rig t-oA way on aamd aaiv3s iivwagc FwsLu c=
Tract Nod 2?D3'?' f:,r it^,?3 tta;? ?. prrguana r?x3.6ei-11 a.13-toaoF tiv?l3y r•i?7x:,, ite?•-- -.-......_---
easement'area. The authorized activities were necessary to the Grantee's study of a potential
hazardous rcmediation project on lauds known as the Mason Farm Preserve.
W?MREAS, the Grantee has subsequently requested approval front the United States
to construct a'150' x 260' x 8" gravel staging area requiring the placement of approximately
1000 cubic yards of gravel, to enable the Grantee to perform activites associated with the
retnediation resulting from the above referenced project
NOW IL IIEFORE, the United States hereby gives consent to the UNIVERSITY
OF NORTH CAROLINA AT CHAPEL HILT,, its successors and assigns, to construct, use,
maintain, control, operate and repair a road right-of-way on and across the above Identified
tract; to install and monitor wells within the said tract and to construct the staging area
identified above in the areas shown on Exhibits "A" and "B", attached hereto and made a part
bereof.
i
'07/10/2001 12:26 9199620227 HEALTH AND SAFETY
' CONSENT NO. DACWzmc-9-015441
B. EVEREZT JORDAN DAM & LAKE, NC
PAGE 03
PROVIDED HOWEVER, that this consent is subject to the following conditions:
1. 1 All activities conducted on the premises shall comply with all applicable Federal, state,
county and municipal laws, ordinances and regulations wherein the premises are located.
2. 1 The giving of this consent does not in any way subordinate the United States' prior
easetent rights. The United States shall in no case be liable for any damage or injury to the
structures herein consented to, which may be caused by any action of the United States under
its easement, or that may result from future operations undertaken by the United States, and no
claim or right to compensation shall accrue from such exercise of the United States' easement
3. The United States shall not be responsible for damages to property or injuries to
persons which may arise from or be incident to the exercise of the consented activities.
a. This instrument is effective only insofar as the rights of the United States in the
premises are concerned; and the Grantee shall obtain such permission as may be required on
account of any other existing rights. It is understood that this consent does not e1iiniziate the'.:
necessity for obtaining any Department of the Army permit which may be required pursuant to
the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151;
33 USC 403), Section 444 of ttto Clean Water Act (33 USC 1344) or any other permit or
11camc which may be required by Federal, state, interstate or local laws In connection with the
use of the premises.
i
S. All notices to be given pursuant to this easement shall be addressed, if to the Grantee,
to the University of North Carolina at Chapel Hill, Health and Safety Office, 212 Finley Golf
Course Road, Chapel Hill, North Carolina 27514 and if to the United States, to the District
Engineer, U.S. Army Engineer District, Savannah, Attention: Chief, Real Estate Division, 100
W. Oglethorpe Avenue, P.O. Box .889, Savannah, Georgia 31402-0889; or as may from tinge
to time otherwise be directed by the parties. Notices shall be deemed to have been duty given
if and when enclosed in a properly sealed envelope or wrapper addressed as aforesaid, and
deposited, postage prepaid, iu a post office regularly maintained by the United States Postal
Service. j
6. That the construction, operation and maintenace of the said facilities shall be
accomplished without cost or expense to the United States and shall be performed to the
satisfaction of the Falls/7ordan Lakes Operations Madager.
7. The Grantee shall use all reasonable means available to protect the environment and
natural resources, and where damage nonetheless occurs arising brow the Grantee's activities,
the Grantee shall be liable to restore the damaged resources.
a
. Z_ . '.
'-07/10/2001 12:26 SISSG20227 HEALTH AND SAFETY PAGE 04
CONSENT NO. DACWAriC--MIL-5401
B. EVERETT JORDAN DAM & LASE, NC
8. SPECIAL TERMS AND CONDITIONS:
a. That this consent is hereby granted for a term of EIGHTEEN (18) MONTHS
beginning 8 November 2000 and ending 7 May 2002. Requests for renewal of this consent
may be' considered, provided, however, that the Grantee is in compliance with the terms and
conditions of this Consent and subject to the approval of the Falls%Jordan Lake Operations
Manager. Request for renewal must be submitted to the Falls/Jordan Lakes operations
Manager at least thirty (30) days prior to the expiration date.
b. That this consent may be terminated by the United States in the event the Grantee
fails to comply with the terms and conditions stated herein or in the event that the United States
determines that the structure or placement of the structures herein consented to interferes with
the use of said land or any part thereof by the United States.
This consent instrament replaces Consent No. DACW21-9-96-1019 in its entirety.,
. d That upon completion of the clean up, fill for staging area shall be ren ioved,'the.-.
orginal contours shall be restored and the area shall be stablilized with vegetation to the
satisfaction of the Fa]WJordan Lakes Operations Manager.
e.'1 That upon completion of the monitoring, the temporary roads and ground water
monitoi # g wells shall be removed, the original contours shall be restored, and the area shall
be stab'' with vegetation to the satisfaction of the Falls/1'ordan Lakes Operations Manager.
f. j That no hazardous waste shall be disposed of on Federal property or on land located
within flowages easements interests of the U. S. Army Corps of Engineers..
g. That the Grantee and its contractors are hereby notified by the execution of this
agreement that the area granted herein is located within a flowage easement which is subject to
flooding.
h. That the Grantee shall take appropriate measures to ensure that soil stockpiles
(contaminated or clean) placed within the flowage casement area'are contained in a manner to
prevent contact with surface waters and to prevent ma vadon of sediment due to wind, rain, or
flooding.
I. That the Grantee shall provide the Falls/Jordan Lakes Operations Manager with,
copies of manifests documenting that contaminants have been shipped and disposed of
properly.
j. That the Grantee shall provide the Falls/Jordan Lakes Operations Manager with a
schedule listing approximate dates for completion of major remediation tasks such as site
preparation, sampling and analysis, site restoration, etc.
This consent is not subject to Title 10, U.S.C., Section 2662.
3
i
07/10/2001 X12:26 9199620227 HEALTH AND SAFETY PAGE 05
i
i
' CONSENT NO. DACWmc-9.01-5401 •..
B. E'VFRETT JORDAN DAM & LAKE, NC
IN WITNESS WHEREOF, I have hereunto set my hand, by authority of the Secretary of
the Army this 13. day of gcj,)g 2000.
r,.M-t:-qg-
Id- L den
Chief, fog EsUte
THIS CONSENT is also cxecutcd by the Grantee this lc? day of l?ou ems,
2000. i
UNIVERSI',I'Y OF NORTH CAROLINA ,: .
AT CHAPEL. Uff I, '
f'
Signature:
I, 'fD?t?t ?. ?t/Rt?4
' ?tle: •
I
Signed and sealed in the presence of-.
i
i
P.
NOTARY
PUBLIC mac,
4
L r ?'07/10/2001 12:26 9199620227 HEALTH AND SAFETY PAGE 06
CONSENT NO. DAC%- 9-01-3401
B. EVERETT JORDAN DAM & LAKE, NC
CERTIFICATE OF AUTHORITY
I, nrPnAa Kirby (Narae), certify that I am theSecretary of the Universit!
for the University of North Carolina at Chapel Hill, do hereby certify that John P Evans
! (Name) who signed the foregoing instrument on behalf of the Grantee
interim Vice Chancellor for Finance and Administration
who was then the (Title) of the University of North Carolina at Chapel
Hill. ; I further ccrti£y that the said officer was acting with the scope of powers delegated to this _
officer by the governing body of the Grantee in executing said insttwnen:L
- day of 2000.
Brenda Kirby
Authorizing Official
secretary of the University
Title
i
• `07/10/2001 j12:26 9199620227
.

• i
i
-THIS MAP IS NOT A CERTIFIED
SURVEY AND NO RELIANCE MAY
HE PLACED IN ITS ACCURACY."
"G.S. 47-30 (p)"
HEALTH AND SAFETY
PAGE 07
N
DEPARTMENT OF THE ARMY
OFFICE OF THE SAVANNAH DISTRICT ENGINEER
SOUTH ATLANTIC DIVISION
B. EVERETT JORDAN DAM & LAKE
CONSENT NO. DACW21-9-01-5401
GRANTEE: UNIVERSITY OF NORTH CAROLINA
SUBJECT AREA APPROXIMATELY 1.7 ACRES
OF TRACT NO.1 ROSE
5CALE: NTS DATE: 1110712000
EMIT "A"
i
..'07/10/2001 112:26 9199620227
.,
-i w
19
d 1
s
Y
• j y
?pl

HEALTH AND SAFETY PAGE 08
m1 ? 1
1 ? ? lad3
N? • 1 ?• / rupq' y??7 .
a a ? ?a
?3q ay
4 r
. ref c r ? ?
41 ?3 Q
vil
? ? 41
q ?j •a wp
?tww?v?ta. c 31 s5
I?
i 01 .Y
` ? ?a?
..
WETLAND RESTORATION PLAN
WETLAND IMPACT AREA 1
For the Mason Farm Low-Level Radioactive Waste Disposal Site
The University of North Carolina at Chapel Hill
Chapel Hill, North Carolina
Introduction}
Water bodies', including lakes, rivers, and streams are subject to jurisdictional consideration under the Section
401 and 404 programs under the Clean Water Act (33 USC 1344), as amended. Wetlands are also defined as
"Waters of the United States". Wetlands, defined in 33 CFR 328.3, are "those areas that are inundated or
saturated by surface or ground water at a frequency and duration sufficient to support, and under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
Actions that place fill into these areas falls under jurisdiction of the U.S. Army Corps of Engineers under
Section 404 of the Clean Water Act (33 USC 1344) and the N.C. Division of Water Quality under Section
401 -auidelines.
Installation of a sealed sheet-piling wall along the northern edge of the burial area was completed during
February 2002. The wall allows source removal activities to take place starting in March 2002. The entire
burial area wad excavated and performance samples collected from the bottom and sides of the open
excavations. ARCADIS prepared a completion report for The University of North Carolina at Chapel Hill
(UNC or the University) and the report was submitted to North Carolina Department of Environment and
Natural Resources (NCDENR) for review and comment. The report discusses the results of the excavation
activities and performance sample results. Wetland restoration activities will be scheduled following the
NCDENR review and approval that no further excavation is required. Status reports will be submitted to
USACOE and DWQ on a yearly basis until receipt of such notification from NCDENR. Additionally,
USACOE and DWQ will be notified when restoration activities are scheduled.
Existing Site
The site is bordered by Morgan Creek on its southern edge, with wetland areas on the northern, eastern and
western perimeters. The area within and immediately outside the fence is currently devoid of vegetation due
to current remediation activities. Vegetation does exist outside of the perimeter of the temporarily impacted
wetland areas. The University has historically maintained the vegetation throughout this area. However,
maintenance in these areas has ceased, allowing for extensive natural regeneration in this area. The
vegetation consists primarily of boxelder (Ater negundo),
(Polygonum sppl), and cattail (Typha latifolia).
i
jW-=*-d-CLSW.W faun W d resmrabon pare z.doc
green ash (Fraxinus pennsylvanica), smartweed
Page:
1/2
saturated soil conditions".

Soils
The dominant soil found at the site is the Chewacla soil series. Small areas of Wehadkee soils may be found
in low-lying',depressions. The Chewacla soils have a loamy texture and are somewhat poorly drained. The
soils are moderately permeable and the available water capacity is medium. The soils contain redoximorphic
features in the lower strata at approximately 24 to 30 inches. Wetness is the main limitation to any
management; occurring on these soils.
Hydrology
Hydrology at the Mason Farm site is currently being altered by remediation activities. Following the
completion of these activities and approval by NCDENR, the hydrology will be restored in areas where
permanent structures and fill will not remain (Impact Area 1, Figure 3). This will involve removing
compacted soil and replacing it with fill material or grading material on site. This should reestablish the
subsurface inage patterns in the impacted areas, whereby restoring the site hydrology.
Wetland Restoration
I
The Clean Water Act under Section 404(b)(1) guidelines mandates mitigation for wetland losses. While
avoidance and minimization are the preferred methods of mitigation, practicable alternatives for remediation
projects are not always available and impacts to wetlands may occur. The Mason Farm site contains 0.88
acres (0.36 ha) of total wetland impacts. Of this total, 0.45 acres (0.18 ha) make up temporarily impacted
wetlands that will be restored to their original condition (Impact Area 1, Figure 3).
Prior to the establishment of vegetation, temporary roads and staging areas located on the site will be
removed. This will include removing the geofabric and stone used to construct these areas. Temporarily
impacted wetland areas will be returned to their original elevation through grading processes. Once the soil
has been graded in these temporarily impacted areas, vegetation will be reestablished. The species that will
be planted may include but are not limited to the following species: water oak (Quercus nigra), swamp
chestnut oak (Quercus michauxii), willow oak (Quercus phellos), green ash (Fraxinus pennsylvanica), and
river birch (BetFla nigra). The size and quality of these trees should be sufficient to properly vegetate the
site. A combin'I tion of these species will be planted to arrive at a planting density of 680 stems per acre.
i
Vegetation will be reestablished during the period of December 1 to March 1. The vegetation will be planted
during this period to ensure survival and proper root establishment the following spring. Care will be taken
to plant these s
likely establish
during a period of average temperature and. precipitation. Various other species will
,h natural regeneration processes.
Page:
CVnasordwetlandsVnason farts wetland restoration plan 2.doc 2/2
Triage Check List
Date:/
To: [CRO Steve Mitchell Project Name
?FRO Ken Averitte DWQ Project Nu ber r 2
?WaRO Deborah Sawyer County O?/ k a ,
[1]WiRO Joanne Steenhuis
?WSRO Jennifer Frye .
. ?ARO Mike Parker
?MRO Pete Colwell
I
From: Lal-I Telephone [phone]
The file attached is being forwarded to you for your evaluation. Please call if you need
assistance.
?,Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USGW topo maps
? linirnization/avoidance issues
? Buffer Rule§ (Neuse, Tar-Pamilco, Catawba; Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
Check drawings for accuracy ,
? Is the application consistent with pr*e-application meetings?
? Cumulative impact concerns .. .
AIX,
Comments r -. 3

?I
02 ARCADIS 'n 2 14 -2 ARCADIS G&M
Infrastructure, buildings, environment, communicatio s ?i?
I of North Carolina, Inc.
P.O. Box 31388 I
Transmittal Utter Raleigh, NC 27622-1388
2301 Rexwoods Drive - Suite
To: Danny Smith Raleigh, NC 27607-3366
NCDWQ, 401 Wetlands Certification Unit Tel [phone]
iF Fax [phone]
2321 Crabtree Blvd. www.arcadis-us.com
Raleigh, NC 27699-1650 From: b
Jeff Hall August 27, 2002
ENVIRONMENTAL
Subject: j ARCADIS Project No.:
RESUBMITTAL N0000372.0008
Section 404, Nationwide #38 Permit Extension
We are sending you:
® Attached; ? Under Separate Cover Via the Following Items:
? Shop Drawings El Plans ? Specifications ? Change Order
? Prints i El Samples [I Copy of Letter El Reports
® other: Section 404 Nationwide #38 Permit Extension: modification
Copies Date Drawing No. Rev. Description Action*
7 8 I /26/02 Section 404 Nationwide #38 Permit Extension: modification
The University of North Carolina at Chapel Hill
Mason Farm Low-Level Radioactive Waste Disposal Site AS
I

I
Action*
I
? A Approved ? CR Correct and Resubmit ? Resubmit Copies
? AN Approved As Noted ? F File ? Return Copies
® AS As Requested ? FA For Approval ? Review and Comment
? other:
Mailing Method
? U.S. Postal Service 1" Class ® Courier/Hand Delivery ? FedEx Priority Overnight ? FedEx 2-Day Delivery
? Certified/,Registered Mail ? United Postal Service (UPS) ? FedEx Standard Overnight ? FedEx Economy
? Other:
I
Comments: please give me a call with any questions you may have at 919.782.5511 ext 265. Jeff Hall.
1
I
Page:
gAenJwnivndnc03721.0081wet1andskransmftM1 letter dwq 082702.doc 1/1