20110260 Ver 1_Approval Letter_20111027

NAANCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 27, 2011
Mr. Richard Mann, Vice Chancellor of Finance and Administration
University of North Carolina at Chapel Hill
300 South Building
Chapel Hill, NC 27599
Re: Carolina North, Orange County
DWQ #20110260; USACE Action ID. No. SAW-2010-10840
Crow Branch Creek [030606, 16-41-1-15-2-2, B, NSW]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Mann:
Dee Freeman
Secretary
Attached hereto is a copy of Certification No. 3870 issued to Mr. Richard Mann and University of North
Carolina at Chapel Hill, dated October 27, 2011; This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0267. In addition, you should
get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and
Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
CHS/kah/Um
Si ely,
Coleen H. Sullins
Attachments: Certificate of Completion
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Andy Williams, USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Ren Ivins, Orange County Planning, 200 South Cameron Street, P.O. Box 8181, Hillsborough, NC 27278
Sue Burke, PE, C?,M, Town of Chapel Hill, 208 N. C(,lumbia Street, Chi-pel Hill, NC 2751 1
Kevilr Nunnery, BiohaHtats, Inc., 8218 Creedmoor Read, Suite 200, Raleigh, ?JC 27613
Filename: 110260Carol inaNorth(Orange)401 _J B R_IC
?tland; Buffers, ?itorrnwai Gorr: 'lqw e and Permitn! 7 Unil `Je3SCa?e)
1c50 i:?lal Service ('enter, Rai?-igk, P: !1i% r;aroPna 27699 i65S
Phone. '9-8(j7-6 ')',1 \ FAX' 919-S0, -64u4
Interne( !tp Apo: icdenr.org/wC[ :q'.
An F;, ,. 0! _)ortu! , l Affirmalk., a Emp ,-ar
Mr. Richard Mann and University of North Carolina at Chapel Hill
Page 2 of 8
October 27, 2011
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS 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 (DWQ)
Regulations in 15 NCAC 2H, Section .0500 and approved authorization for impacts to the protected riparian
buffers per 15A NCAC 2B .0267, to Mr. Richard Mann and University of North Carolina at Chapel Hill,
who have permission to fill or otherwise impact 2.412 acres of 404/Wetland and 622 linear feet of stream
(378 linear feet of permanent impact to stream, 70 linear feet temporary impact to stream, and 174 of
permanent impact to ephemeral stream, and 23,605 square feet of Zone 1 Jordan Lake protected riparian
buffers and 14,637 square feet of Zone 2 Jordan Lake basin protected riparian buffers to construct the
proposed Carolina North project (an expansion of the University of North Carolina at Chapel Hill campus),
which is located within the northwest and southwest quadrants of the intersection of Martin Luther King, Jr.
Boulevard and Estes Drive, in the Towns of Chapel Hill and Carrboro, Orange County, North Carolina,
pursuant to an application dated March 18, 2011, and received by the DWQ on March 22, 2011, and by
Public Notice issued by the USACE on April 8, 2011, and received by the DWQ on April 8, 2011, and by
additional information received on June 6, 2011, June 29, 2011, July 1, 2011, and September 21, 2011.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is for the purpose and design submitted in the application materials and as described in the
Public Notice. If the project is changed, prior to notification a new application for a new Certification is
required. 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 of this Certification. Any new owner
must notify the Division and request the Certification be issued in their name. Should wetland or stream
fill be requested in the future, additional compensatory mitigation may be required as described in 15A
NCAC 211.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in
stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and
a new application for 401 Certification may be required. For this approval to be valid, compliance with
the conditions listed below is required.
Conditions of Certification:
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 to
wetlands, streams, and/or buffers, are approved including incidental impacts:
Type of Wetland Amount Approved (Units) Plan Location or Reference
Phase #1
4()4/Wetlands- riparian 0.005 (acres) Al:plicalion
Stream 41 [linear feet) 31 linear feet
pemanent impact and 10 linear feet
temporary impact] Application
Buffers Zone 1 _ 0.00 (square feet) Application -
Buffers Zone 11 0.00 (square feetl Application
P1 ase #
40-/We ands ripariani -
2_4'17 (acre) _! -P pr licatioa
Mr. Richard Mann and University of North Carolina at Chapel Hill
Page 3 of 8
October 27, 2011
Stream 581 [(linear feet) 374 linear feet Application
permanent stream impact, 60 linear
feet temporary stream impact and 174
linear permanent ephemeral stream
impact]
Buffers Zone I 23,605 (square feet) Application
Buffers Zone lI 14,637 (square feet) Application
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. 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 404/401Permit Application. 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. Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project;
5. 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;
Continuing Com lip anc a:
Mr. Richard Mann and Universit, of North Carolina at Chapel l lill shall conduct construction
activities in a manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. If the Division determines that such standards or laws
arc not being met (including the ftilure to sustain a ,'esignated or achieved i- .e) or that State or
fe-i-•ral I, w is b.:ing alatc 1, or tiiat fu ,!ier c )nditic is ar nece :sary t? assi coi iplianc ;, the
Mr. Richard Mann and University of North Carolina at Chapel Hill
Page 4 of 8
October 27, 2011
Division may reevaluate and modify this Certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d).
Before modifying the Certification, the Division shall notify Mr. Richard Mann and University of
North Carolina at Chapel Hill, and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Richard Mann
and University of North Carolina at Chapel Hill in writing, shall be provided to the United States
Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean
Water Act, and shall also become conditions of the 404 Permit for the project;
Mitigation:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered by
the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has
been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until
the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. The mitigation will be phased as shown in the table below:
Type of Wetland Compensatory Miti ation Required River and Sub-basin Number
Phase #1
404/Wetlands - riparian 0.005 (acres) Cape Fear/03030002
Stream (perennial) 31 (linear feet) Cape Fear/03030002
Buffers Zone I 0.00 (square feet) Cape Fear/03030002
Buffers Zone II 0.00 (square feet) Cape Fe r/03030002

Phase #2
404/Wetlands - riparian 2.407 (acres) Cape Fear/03030002
Stream (perennial) 347 (linear feet) Cape Fear/03030002
Buffers Zone I 70,815 (square feet) Cape Fear/03030002
Buffers Zone 11 21,956 (square feet) Cape Fear/03030002
8. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with peimit conditions inc;-iding the sedimentation control plan., self-monitoring, i.-cord keeping
and reporting requirements are required. A capy of this permit ind monitoring report forms may
be found at: &W:11
9dcf-049b001337ac&groupld=38364 ;
Mr. Richard Mann and University of North Carolina at Chapel Hill
Page 5 of 8
October 27, 2011
9. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.org/doh/operations/BMP manual/download/BMP Manual.pdfj
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.
Placement of any new culverts, as opposed to extensions of existing culverts, and other structures in
waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for
all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for
culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic
life. Design and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or
streambeds or banks, adjacent to or upstream and down stream of the above structures. The
applicant is required to provide evidence that the equilibrium shall be maintained if requested in
writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
alc,ng with the Certif. cate of Completic,7 form.
10. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters ar,d protective buffers in order to assure compliance for future wetland, water and buff(,r
impact. These mechanisms shall be put in place at the time of recording of the property, or of
individw-1 lots whichever; : appi-( oriate. A s tmplt deed notifi< ttion c in be down oaded fron,
th( Wetlands; -3.;Ffei , Storinwa' _i. Coipliance ar,i ''err, itting Onit "VI-B.` CaPe) web sAe at
Mr. Richard Mann and University of North Carolina at Chapel Hill
Page 6 of 8
October 27, 2011
http://portal.ncdenr.org/c/document library/get file?uuid=ef84dOel-5fc9-4183-87b5-
2f9d7ebl52e0& roupId=38364. The text of the sample deed notification maybe modified as
appropriate to suit to this project.
11. Stormwater Management Plan (SMP) Approval Required and Stormwater Approval Phasing
Before the impacts specified in this Certification may occur, the applicant must meet all of the
provisions set forth in the document Protocol for Stormwater Management Plan (SMP)
Approval and Implementation, available at:
http://portal.ncdenr.org/c/document library/get file?uuid=0c509d61-6dd6-4da8-9342-
7079fe478688&groupId=38364 The required SMP documentation must be submitted within 120
days of the issuance of the 401 Water Quality Certification to the DWQ (Wetlands, Buffers,
Stormwater, Compliance and Permitting Unit (WeBSCaPe), 1650 Mail Service Center, Raleigh,
North Carolina 27699-1650).
SMP approval and implementation procedures shall be as follows:
• The SMP must be approved in writing by to the Wetlands, Buffers, Stormwater, Compliance
and Permitting (WeBSCaPe) Unit or, if the project is subject to another state stormwater
program, or may be reviewed by a certified local government, a copy of the approval letter
and approved SMP must be submitted before any impacts authorized in this certification
occur. If a development is phased, then the SMP for each future phase must approved by the
Wetlands, Buffers, Stormwater, Compliance and Permitting (WeBSCaPe) Unit or, if the
project is subject to another state stormwater program or a certified local government, a copy
of the approval letter and approved SMP must be submitted before any impacts associated
with that phase may occur.
• The approved SMP must be constructed and operational before any permanent building or
other structure is occupied at the site. If a development is phased, then the approved SMP for
each future phase must be constructed and operational before any permanent building or other
structure associated with that phase is occupied.
• The approved SMP as well as drainage patterns must be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the SMP approval
authority. If the SMP falls under another state stormwater program, then a copy of the
approval letter and the modified SMP must be submitted to the 401 Oversight/Express Unit
prior to the commencement of the modifications.
A final, written stormwater management plan for each phase of this project shall be submitted to
for review and approval. No land disturbance associated with any phase may be conducted until
a stormwater management plan for that phase has been submitted to and approved by the DWQ,
another State stormwater program or a certified local government. No buildings associated with
any phase may be occupied until the stormwater management plan is constructed and operational
for that phase.
If submitting your plan to DWQ, the stormwater management plan submittal must include a BMP
Supplement Form with all required items. The BMPs must be designed to treat runoff from all
imperviois surfaces, includ'ng the road, and must comply with Jhe version of the 14C DENR
Stormwater BMP Ma tual that is in effect on the date of the submittal of the stormwater
mauagerrent plan (SNIP). The SMP muA me(;t the requirement-, in the version of SMP
Regulations for non-DOT in effect at the time of submittal.
Mr. Richard Mann and University of North Carolina at Chapel Hill
Page 7 of 8
October 27, 2011
12. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0267 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen(and phosphorus if in the Tar-Pamlico River Basin). This may require additional approval
from this Office.
Re-opener Clause
13. Mr. Richard Mann and University of North Carolina at Chapel Hill, and its authorized agents shall
conduct its activities in a manner consistent with State water quality standards (including any
requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other
appropriate requirements of State law and federal law. Mr. Richard Mann and University of North
Carolina at Chapel Hill, shall require its contractors (and/or agents) to comply with all of the terms
of this Certification, and shall provide each of its contractors (and/or agents) a copy of this
Certification. A copy of this Certification shall be included in the construction contract and
available on the job site at all times. If DWQ determines that such standards or laws are not being
met (including the failure to sustain a designated or achieved use) or that State or federal law is
being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate
and modify this certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 02H.0507(d). Before modifying the
certification, DWQ shall notify Mr. Richard Mann and University of North Carolina at Chapel
Hill, and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC
02H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H.0504.
Any new or revised conditions shall be provided to Mr. Richard Mann and University of North
Carolina at Chapel Hill, in writing, shall be provided to the United States Army Corps of
Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and
shall also become conditions of the 404 Permit for the project.
14. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit
(WeBSCaPe), North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
Mr. Richard Mann and University of North Carolina at Chapel Hill
Page 8 of 8
October 27, 2011
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 27`h day of Octobe 2,011
DIVI N OF' A R LITY
oleen H. Sullins
3870
CHS/kah/#m
Beverly Eaves Perdue
3overnor
ffrA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
Dee Freeman
Secretary
In accordance with 15A NCAC 2H.0500, Mr. Richard Mann and University of North Carolina at Chapel Hill, who have
permission to fill or otherwise impact 2.412 acres of 404/Wetland and 622 linear feet of stream (378 linear feet
permanent impact to stream, 70 linear feet temporary impact to stream, and 174 linear feet permanent impact to
ephemeral stream) and 23,605 square feet of Zone 1 Jordan Lake protected riparian buffers and 14,637 square feet of
Zone 2 Jordan Lake basin protected riparian buffers to construct the proposed Carolina North project (an expansion of the
University of North Carolina at Chapel Hill campus), which is located within the northwest and southwest quadrants of
the intersection of Martin Luther King, Jr. Boulevard and Estes Drive, in the Towns of Chapel Hill and Carrboro, Orange
County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions
listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20110260
NC EEP NAME: Carolina North
LOCATION: Chapel Hill
COUNTY: Orange
BASIN/ SUB BASIN: Cape Fear/03020002
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the
above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and
riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded
to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to
15 2R.0503(b).
Impacts Mitigation
2.412 Acres Riparian Wetlands 2.412 Acres Riparian Wetlands
378 Linear Feet of Stream 378 Linear Feet of Stream
23,605 Square Feet of Buffer 70,815 Square Feet of Buffer
14,637 Square Feet of Buffer 21,956 Square Feet of Buffer
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee
to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form
along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address
below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE,
THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR
PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature _ Date
ECOSYSTEM ENHANCEMF.'JT PRO DRAM
1652 Mail Service Center
IIALEIGH, N.C. 276 9-1652
(9,9) 715-2219
Filename: 110?60Caroiinal?ortli(On,.nge)40 I _JBR_IC_EEP
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