HomeMy WebLinkAbout20130805 Ver 1_Approval Letter_201308124 .
` CDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water- Quality Programs
Pat iMcCrory Thomas A. Reeder
Governor Director
August 12, 2013
Town of Chapel Hill
Attn: ,Bill Webster
200 Plant Road'
Chapel Hill,, NC 27514
John E. Skvarla, III
Secretary
DWR # 13 -0805
,Orange County
Subject: AUTHORIZATION CERTIFICATE PER THE JORDAN LAKE WATER SUPPLY WATERSHED RIPARIAN
BUFFER. PROTECTION RULES (115A NCAC,02B':0267) WITHADDITIONA_L• CONDITIONS
Tarsyard Branch Greenwa`y Trail
Dear Mr. Webster:,
You have our approval for the impacts listed ,below for the purpose described in your application dated July
31, 2013, received by the Division of Water Resources (Division) on August'1, 2013. Please note that you
should get any other federal, state or local permits before proceeding with your project, including those
required by (but,not limited to) Sediment .and Erosion Control, Non - Discharge,, and Water Supply Watershed
regulations. This Authorization Certificate shall expire five (5) years from the date of this letter.
This approval requires you to comply With the following conditions:
1. The following impacts, are hereby approved provided that all of the other specific and, general conditions of
the Buffer Rules are met. No other impacts are approved, including incidental impacts.
Type of Impact
Amount Approved
Amount Approved'
(units)
(units)
Permanent
Temporary
Buffers — Zone 1,
2,294 (square feet)'
0 (square feet)
Buffers — Zone 2
4,636 (square feet)
0 (square feet)
TIP-9cne Carolina
Nlaturallrff
North.Carolina Division of Water Resources 1628 Mad Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200
internet www newaterouality orq Location 3800 Barrett Drive - Raleigh, NC 27609 Fax (919) 788 -7159
An Equal Opportunity /Affirmative Acton Employer- 50% Recycled110% Post Consumer Paper
Tanyard Branch Greenway Trail
D W R # '13 -0805
BUFFER APPROVAL
Page 2 of'4
2. Diffuse Flow
Allstorrriwater 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.
i
3., No Waste, Spoil, Solids, or,Fill,of Any Kind
No waste, spoil, solidsi or fill of any kind shall,'occur in wetlands; waters, or riparian areas beyond the
footprint of the impacts depicted in'the Pre - Construction Notifi'catio'n. 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. Protective Fencing
'The outside buffer;, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing (or,
.similar high visibility material) for the areas that have been approved'to infringe within the buffer', wetland
or water prior to any`land disturbing activities to ensure compliance with ,15 NCAC 02H .0500.
5. This approval °is for the purpose and design described in your application: The, plans and specifications for-
this project are incorporated by reference as part,of the Buffer Authorization. If you change your project_,
you must notifythe.Di'vision and you,may bey required to submit a new application package with the
appropriate fee. If the, property,is:sold, the new owner must be,given a,copy,'of this approval letter and is,
responsible for complying with all conditions.
6. This approval and pits' conditions are final and binding unless contested.
This Buffer Authorization can be contested,as_provided in Articles 3, and 4 of�General, Statute, 150B by
filing a. written petition for an administrative hearing to the Office of'Administrative Hearings (hereby known
as OAH). A petition form may be�obtained from`the OAH at http: / /Www.ncoah.com/ or byecalling the OAH
.Clerk'''s Office at'(919) 431 -3000 for information-.,
Within sixty (60) calendar-,,days of receiptof this notice, a petition must be filed .with the OAH. A
petition is considered -filed when'the original and one (1) copy along with any applicable OAH,filing fee'is,
received in,the OAH during normal office hours,(Monda,y through Friday between 8.00am and,5:00pm,
excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition
along, With any:applicable OAH filing fee is received ,bythe OAH within five (5) business day_ s following the
faxed transmission.
Mailing, add ress,for,the OAH:
If sending by. First Class, Mail If se'ndi'ng via,delivery serve -e
via the US Postal Service: (e.g. UPS, FedEx):
Tanyard Branch Greenway'Trail
Office of Administrative Hearings• Office of Administrative Hearings
6714,Mail, Sewice Cent& 1711.New Hope Church Road,
�Raleigh,,NC27699 -16714 Raleigh, NC 27609 -6285
One (1) copy�of the petition must.also be served to DENR:
Lacy Presnell, General Counsel
Department,of Envir6hmentiand'Natural Resources
- 1601,Mail Service Center
Raleigh, NC.27699 -1601
Please send one (1) ,copy of the petition to DWR:
If•sending bkfirst Class Mail
via the US, Postal Service:
'Karen Higgins
NC DENR -,DWR — Webscape Unit
1650 Mail Service Center
'Raleigh, NC 27699 -1650
if sending via delivery service
(e.g. UPS, FedEx):
,Karen Higgins
NC DENR -DWR— W6scape Unit
512 N. - Salisbury Street
Raleigh, NC 27604
DWR# 13 -0805
BUFFER APPROVAL
Page 3 &A
This iletter completes the review of theDivision underthe,lordan Lake Riparian jBuffer Protection;Rules as
described in 15A'NCAC 02B.,026 - 7. Please contact Cherri Smith at 919 -791 =4251 or checri.srhith @ncdenr.gov °if
you have -any questions or concerns.
Since ely,
X12 9
Danny S th; Supervisor
Surface Water Protection — Raleigh, Regional Office
cc: DWQ RRO 401 files
Chad Evenhouse; Kimley" -Horn and Associates; 3001. Weston Parkway; Cary, NC 27513°