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HomeMy WebLinkAbout20181041 Ver 4_Local Government Buffer Approval_20200521Strickland, Bev From: Josh Johnson <josh@awck.com> Sent: Thursday, May 21, 2020 9:27 AM To: Eric Dischinger Cc: Dave Southard; Bob Dischinger; Homewood, Sue; Cy Stober; Kyle Smith; Phil Ross; Franz Holt; Montrena W. Hadley Subject: [External] Cambridge Park Phase 2 - Stormwater Permit and Buffer Authorization Attachments: Cambridge Park PH2- Buffer Authorization 2020 - 04.pdf, Cambridge Park Phase 2 SW Permit 2020-05.pdf, Mebane cert. of completion.docx Follow Up Flag: Follow up Flag Status: Flagged External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Mr. Dischinger, Please find attached the stormwater permit and buffer authorization for Cambridge Park Phase 2. The Stormwater permit requires certification of the stormwater device, as-builts submittal, and recordation of the operation and maintenance agreement prior to issuance of a certificate of occupancy or plat recordation. The buffer authorization requires the completion of the attached certificate of completion. If you have any questions, please let me know. Thank you. Joshua S. Johnson, P.E. Vice President, Head of Engineering Alley, Williams, Carmen, and King, Inc. 740 Chapel Hill Road P.O. Box 1179 Burlington, N.C. 27216 Tel. (336) 226-5534 Fax (336) 226-3034 Permit # Mebane 2020 - 04 Subject Property: Cambridge Park - PH 2 Jones Drive, Mebane, NC AUTHORIZATION of Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules (15A NCAC 2B .0267) Authorization Certificate Dear Mr. Eric Dischinger: You have our authorization, in accordance with 15A NCAC 02B .02 and the City of Mebane's Jordan Lake Riparian Buffer Protection Ordinance and any conditions listed below, to impact approximately 7,532ft2 of Zone 1 and 3,938 W of Zone 2 of the protected riparian buffers for the purpose of constructing the Road — Allowable w/o Mitigation on the subject property as described within your application dated May 11, 2020 received by the City of Mebane. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge regulations. This authorization certification is for the purpose and design that you described in your application. If you change your project, you must notify the City and you may be required to submit a new application. If the property is sold, the new owner must be given a copy of this authorization letter and is thereby responsible for complying with all conditions. This authorization requires you to follow the conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved nits Plan Location or Reference Zone 1 Buffers 7,532 (square ft. Road as shown on Final Plans Zone 2 Buffers 3,938 (square ft. Road as shown on Final Plans 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: CITY OF MEBANE 106 East Washington Street I Mebane, NC 27302 Q 919 563 5901 a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures within Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources or locally delegated program has released the project. 5. Diffuse Flow An additional condition is that all stormwater shall be directed as diffuse flow at non -erosive velocities through the protected stream buffers and will not re -concentrate before discharging into the stream as identified within 15A NCAC 213 .0267(8). 6. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 213 .0267. CITY OF MEBANE 106 East Washington Street I Mebane, NC 27302 Q 919 563 5901 7. Certificate of Completion Upon completion of all work approved within this authorization, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the City of Mebane, Planning Department. 8. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at: htt2://portal.ncdenr.ora/web/wq/sn/ws/401/riparianbuffers. The text of the sample deed notification may be modified as appropriate to suit to this project. This information shall be included on the final plat of the water quality basin and shall include the maintenance and access easement. Any disputes over determinations regarding this Authorization (associated with the approved buffer impacts) shall be referred in writing to the City of Mebane within thirty (30) days of receipt of this notice for a decision. You can contest the City of Mebane's decision as provided in the City's Jordan Lake Riparian Buffer Protection Ordinance. This Authorization shall expire five (5) years from the date of this letter. This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 213 .0267 and the Jordan Lake Riparian Buffer Protection Ordinance. If you have any questions or would like a copy of the buffer rules, please call Josh Johnson, P.E. at (336) 226-5534. This letter does not authorize any impacts to either Waters of the United States or Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to either of these waters. Sincerely, Josh Johnson, P.E. Enclosures: Certificate of Completion cc: Montrena Hadley, City of Mebane Planning Department Dave Southard, Evans Engineering, Inc. File Copy CITY OF MEBANE 106 East Washington Street I Mebane, NC 27302 Q 919 563 5901 Stormwater Permit #: 2020-05 CITY OF MEBANE, NORTH CAROLINA STORMWATER PERMIT On the date listed below, the City of Mebane Stormwater Administrator received a request to consider the following application: Application Date: 4/15/2020 Record Owner(s): Cambridge Park — Phase 2 Property Location: 1909 Jones Drive, Mebane, NC Parcel Identification Number, and Lot # 163107, 163252 Impervious Coverage (acres): 30.45ac Built Upon Area High Density ❑ Low Density Type and number of BMPs proposed: Approval Date: 5/11/2020 3 - Stormwater Ponds Acreage: +/- 238 ac SECTION 1. APPROVAL: Having reviewed the application and all supporting materials the Stormwater Administrator has determined that the application is complete, and subject to the conditions imposed below, and the proposed development meets the requirements of the City of Mebane Phase II Stormwater Ordinance. SECTION 2. CONDITIONS: Therefore, the above referenced site and land used is hereby approved and subject to all applicable provisions of the City of Mebane Phase II Stormwater Ordinance, Sections 3 and 4 of this permit, and the following condition(s) which the Stormwater Administrator finds necessary for the proposed development to meet the intent of the ordinance: 1. This permit shall be valid for a period of two years from the date of issuance unless a valid building permit has been issued and maintained for the site or the permit has been revoked by the City of Mebane. If, after two years the permitted activity has not begun nor a valid building permit secured, this permit shall expire. 2. All land purchases and transfers necessary to secure the property for development shall be completed prior to recordation of this permit. 3. The development of the tract shall proceed in conformity to all plans, design features, and restrictions submitted as part of the stormwater permit application and kept on file by the Mebane Planning Department except that the Mebane Stormwater Administrator may approve minor changes to such plans as required by field conditions. 4. The petitioner shall complete all required off -site stormwater improvements and receive approval from the City for such improvements prior to the release of any certificates of occupancy. 5. The petitioner shall submit a Floodplain Development Permit Application and receive approval from the Mebane Planning Department prior to any land disturbance or filling of land located within Special Flood Hazard Areas. Form SWP-1 I of 2 January 2013 Stormwater Permit #: 2020-05 6. The petitioner shall submit a Sedimentation and Erosion Control Plan Application and receive approval from the North Carolina Department of Environment and Natural Resources, Land Quality Section prior to any land disturbance or filling of land. SECTION 3. VESTED RIGHTS. Approval of this permit confers upon the property the right to develop with the type and intensity of use only as such relates to the requirements of the Phase II stormwater ordinance and in the manner as herein described and as shown on the approved site plan. Development of the property, however, shall be subject to any and all future amendments to this ordinance which do not affect such type and intensity of use and shall proceed in full compliance with all other applicable local, state and federal regulations. SECTION 4. DEED RESTRICTION -PROTECTIVE COVENANT. The following italicized deed restrictions and protective covenants shall be recorded for all subdivisions, outparcels, and future development prior to the sale of any lot. Development of subject property is required to be in accordance with the City s National Pollutant Discharge elimination system (NPDES) Phase II Stormwater Permit and Phase II Stormwater Ordinance. The recording of this document establishes an enforceable restriction of property usage that runs with the land to ensure that future development and/or redevelopment shall maintain the site in a manner consistent with applicable law and the approved project plans. Any alterations to the site shall not be permitted without review and approval by the City of Mebane. SECTION 5. SEVERABILITY. Invalidation of any one or more of the conditions set forth herein shall not adversely affect the balance of said conditions, which shall remain in full force and effect. 5/ 12/2020 Josh S. Johnson, P.E. [Stormwater Administrator] [date] Form SWP-1 2 of 2 January 2013 Mebane Project No.: Applicant: Project Name: Date of Issuance of Buffer Authorization: County: Certificate of Completion Upon completion of all work approved within the applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the City of Mebane Planning Department. This form may be returned to the City by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the City of Mebane's Jordan Lake Riparian Buffer Protection Ordinance, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the City of Mebane's Jordan Lake Riparian Buffer Protection Ordinance, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the City of Mebane's Jordan Lake Riparian Buffer Protection Ordinance, the approved plans and specifications, and other supporting materials. Signature Date Registration No. CITY OF MEBANE 106 East Washington Street I Mebane, NC 27302 0 919 563 5901