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HomeMy WebLinkAbout20220973 Ver 1_ePCN Application_20220718Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process?* OO Yes O No Is this project a public transportation project?* OYes 0No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 5/3/2022 BIMS # Assigned * 20220973 Is a payment required for this project?* O No payment required O Fee received O Fee needed - send electronic notification Reviewing Office* Raleigh Regional Office - (919) 791-4200 Information for Initial Review Version#* What amout is owed?* ® $240.00 0 $570.00 Select Project Reviewer* Colleen Cohn:eads\cmcohn la. Name of project: UNC-CH McColl Building Addition & Renovation la. Who is the Primary Contact?* Sharon Myers lb. Primary Contact Email:* lc. Primary Contact Phone:* samyers@ehs.unc.edu (919)962-9752 Date Submitted 7/18/2022 Nearest Body of Water Meeting of the Waters Creek Basin Cape Fear Water Classification WS-IV; NSW Site Coordinates Latitude: 35.899918 A. Processing Information Longitude: -79.046612 County (or Counties) where the project is located: Orange Is this a NCDMS Project 0Yes ONo Is this project a public transportation project?* 0Yes ONo la. Type(s) of approval sought from the Corps: EI Section 404 Permit (wetlands, streams and waters, Clean Water Act) O Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* 0 Yes O No 1b. What type(s) of permit(s) do you wish to seek authorization? O Nationwide Permit (NWP) 0 Regional General Permit (RGP) 0 Standard (IP) lc. Has the NWP or GP number been verified by the Corps? OYes 0No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: EO 401 Water Quality Certification - Regular 0 Non-404 Jurisdictional General Permit 0 Individual 401 Water Quality Certification 39 - Commercial/Institutional Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: If. Is this an after -the -fact permit application?* O Yes O No O 401 Water Quality Certification - Express Op Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No lh. Is the project located in any of NC's twenty coastal counties? O Yes O No 1j. Is the project located in a designated trout watershed? OYes 0No B. Applicant Information 0Yes ONo OYes 0No Id. Who is applying for the permit? O Owner J Applicant (other than owner) le. Is there an Agent/Consultant for this project?* 0 Yes ® No 2. Owner Information 2a. Name(s) on recorded deed: University of NC 2b. Deed book and page no.: 250 and 1243 2c. Contact Person: George E. Battle, III 2d. Address Street Address 123 West Franklin Street, Suite 600E Address Line 2 CB 1005 City Chapel Hill Postal / Zip Code 27599-1005 State / Province / Region NC Country USA 2e. Telephone Number: (919)445-1248 2f. Fax Number: 2g. Email Address:* gbattle@ad.unc.edu 3. Applicant Information (if different from owner) 3a. Name: Sharon Myers 3b. Business Name: UNC-CH Environment, Health and Safety Department 3c. Address Street Address 1120 Estes Drive Address Line 2 CB 1650 City Chapel Hill Postal / Zip Code 27599-1650 3d. Telephone Number: (919)962-9752 3f. Email Address:* samyers@ehs.unc.edu C. Project Information and Prior Project History State / Province / Region NC Country USA 3e. Fax Number: 1. Project Information lb. Subdivision name: (if appropriate) lc. Nearest municipality / town: Chapel Hill 2. Project Identification 2a. Property Identification Number: 2b. Property size: 9788543697, 9788628174 627.7 (add acreage from both parcels) 2c. Project Address Street Address 300 Kenan Center Drive Address Line 2 City Chapel Hill Postal / Zip Code 27599 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Meeting of the Waters Creek 3b. Water Resources Classification of nearest receiving water: * WS-IV; NSW 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300020607 4. Project Description and History State / Province / Region NC Country USA 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The site of the proposed UNC-CH McColl Addition and Renovation project is predominately wooded, with an area of maintained lawn. The project area is approximately three acres in size. Land use in the project and surrounding areas consists of UNC-CH facilities including a parking deck and surface parking lot, student housing, wooded areas, and the current UNC-CH Kenan Flagler Business School (KFBS) facilities which include the existing McColl Building and Kenan Center. The existing KFBS is comprised of three structures that are located in the southern portion of the UNC-CH campus. One perennial stream and one wetland were observed within the project site. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* O Yes ® No O Unknown 4f. List the total estimated acreage of all existing wetlands on the property: The site contains 0.0324 acres of wetland. 4g. List the total estimated linear feet of all existing streams on the property: The site contains 147 linear feet of perennial stream. 4h. Explain the purpose of the proposed project:* The UNC-CH McColl Addition and Renovation project addresses the need to support the UNC-CH Campus Master Plan and improve the teaching and collaboration space for the expected enrollment growth at KFBS. The proposed McColl project will better connect the business school complex to the rest of the campus and to adjacent William Blythe Drive, which will become a major transportation corridor as the UNC-CH Master Plan is implemented. The proposed McColl project will accommodate an anticipated 50 percent increase in the KFBS undergraduate enrollment while creating an expanded area for business programs, creating work and collaboration spaces for undergraduate and graduate students, upgrading existing spaces, and fostering interaction within the KFBS. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Approximately three acres will be disturbed for the building addition and renovation project, which includes the construction of a six -story, 150,000 gross square foot building that includes classrooms, office space, multi -purpose space, event space and dining facilities in the upper four stories with two stories dedicated to parking facilities on the lower levels. The parking deck includes approximately 130 additional parking spaces to support the existing parking deck adjacent to the existing McColl Building. Site modifications will include grading, filling, hardscape, retaining walls, pedestrian pathways, and landscape plantings. The addition will tie into existing utility infrastructure located in William Blythe Drive and includes sanitary, potable water, reclaimed water and electrical utilities. As part of the landscape plan and stormwater control measures, a constructed wetland is proposed directly adjacent to the building addition and outside of the stream and wetland area. Appropriate erosion and sedimentation control measures will be used while the site is under construction. Standard construction equipment such as cranes, excavators, dump trucks, and similar vehicles would be used for the project. Proper erosion and sedimentation control measures would be employed throughout the project. Typical materials and machinery will be used on -site during the construction process. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * O Yes O No 0 Unknown Comments: Wetlands and streams have been delineated for the proposed impact area. 5b. If the Corps made a jurisdictional determination, what type of determination was made? * O Preliminary 0 Approved 0 Not Verified 0 Unknown 0 N/A Corps AID Number: SAW-2020-01106 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Jonathan Grubb ECS Southeast, LLP 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR September 2, 2020 (USAGE) 6. Future Project Plans 6a. Is this a phased project?* O Yes O No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): WI Wetlands O Open Waters O Streams -tributaries El Buffers O Pond Construction 2. Wetland Impacts 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 Fill (Incl.Riprap) P Headwater Forest W1 Yes Corps 0.032 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.032 2i. Comments: 1,413 square feet of wetland impact. 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.032 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Fill (incl. riprap) Permanent Fill Trib. to Meeting of the Waters Creek Perennial Corps 4 Average (feet) 62 (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 62 31. Total stream and ditch impacts: 62 3j. Comments: 248 square feet of stream impact. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. O Neuse O Catawba O Goose Creek O Other 31. Total temporary stream impacts: 0 O Tar -Pamlico O Randleman 0 Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Fill (incl. riprap) P S1 No 4,866 4,413 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 6i. Comments: Zone 1 0.00 Zone 1 4,866.00 Zone 1 4,866.00 E. Impact Justification and Mitigation Zone 2 0.00 Zone 2 4,413.00 Zone 2 4,413.00 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Four rounds of discussions were undertaken by the project team to investigate various options measured against the purpose and need for the project. The alternatives, including the chosen alternative, were evaluated for two key criteria: Logistics/Operations: This includes connection to the existing McColl Building, expansion of the business school to meet current and projected needs, better "visibility" as a business school, improved connections to the UNC-CH campus and existing circulation and services, location in relation to existing utilities, and overall meeting the goals of the UNC-CH Campus Master Plan. Environmental Consequences: This includes impacts to challenging topography and slope, mature woodland adjacent to the existing school facilities and wetlands/streams. Round 1: Five site configurations were considered against the above criteria. These configurations were examined, and two of the five configurations were eliminated from consideration due to lack of connectivity to the main campus and associated circulation and service. While these two configurations avoided impacting wetlands/streams, extensive grading associated with challenging grades and slopes would have caused significant impacts to mature forest. Round 2: Three of the five sites were advanced to this second round. The chosen alternative had the best connectivity to the existing building, had the smallest footprint, easy access to existing utilities within William Blythe Drive, least impact to topography and slopes and therefore less impact to mature forest. This configuration, however, impacts wetlands/streams located within the project footprint. Rounds 3 and 4: These rounds further refined the details of development at the chosen location. The chosen site was examined for multiple building configurations that considered connection to the existing McColl building, increased distinction and visibility as a business school, utility location, parking capacity, connection and accessibility, topography challenges, and conservation of the site ecology. From a site ecology standpoint, the existing topography presents a unique challenge to support the proposed building construction. Impact to wetland/stream resources were weighed against the preservation of mature forest through preservation of slopes to the maximum extent possible. Impacting the less sloped area results in impacting wetland and stream resources. As a result of managing the slopes on site, the existing pocket of wetlands and the stream cannot be avoided. The wetland and stream will be impacted by grading associated with the building and walkway. The initial design of the project placed the stormwater wetland in the stream and wetland area. UNC-CH met (via Zoom) with NCDEQ representatives Sue Homewood and Colleen Cohn on February 18, 2022 to discuss the project. Based on this meeting, UNC-CH moved the stormwater wetland out of the stream channel, as indicated in the attached site plans. Avoiding impacts to the wetland and stream onsite were unavoidable in the context of meeting the above referenced goals for the project. Mature forest will be preserved and a constructed wetland, offset from the stream and its riparian buffer have been incorporated into the overall project design to address stormwater management measures. The stormwater wetland was sited outside of the stream and located to reduce the impact to buffers to the greatest extent practicable. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts to the wetland and streams will not be entirely avoided with this project. Site disturbance shall be minimized to the extent practicable in order for the proper installation of the project elements. The construction techniques shall be conducted in accordance with NCDEQ Land Quality Section standards and in accordance with the Erosion and Sedimentation Control Permit for the site. Erosion and sedimentation control measures shall be maintained throughout the construction process. Erosion and sedimentation controls will be installed prior to and maintained during the entire construction duration and until final stabilization is established. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? O Yes U No 2c. If yes, mitigation is required by (check all that apply): i DWR O Corps 2d. If yes, which mitigation option(s) will be used for this project? RI Mitigation bank U Payment to in -lieu fee program O Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Neville Farms Bank Parcel 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Riparian buffer 21,218 sq. ft. requested 3c. Comments There are currently not enough mitigation credits available for purchase in the project watershed. UNC-CH requested 21,218 square feet of buffer credits, but only 6,343.02 square feet were available. UNC-CH is working on a proposed solution to obtaining buffer credits and will provide details to USAGE and NCDWR. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes No 6b. If yes, then identify the square feet of impact. 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 fill and grading 4,866 3 14,598 Zone 2 filling and grading 6f. Total buffer mitigation required 21218 4,413 1.5 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? Yes , No 6,620 6j. Comments: There are currently not enough buffer credits available for purchase in the project watershed. UNC-CH has reached out to the USAGE and NCDWR about this issue, and is working on a proposal to address the purchase of buffer credits. UNC-CH will share this proposal with USAGE and NCDWR after it is finalized. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? O Yes O No What type of SCM are you providing? O Level Spreader O Vegetated Conveyance (lower SHWT) 0 Wetland Swale (higher SHWT) O Other SCM that removes minimum 30% nitrogen O Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* !OYes(sNo 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? OYes UNo 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? . Yes 0 No 0 N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government 0 State Local Government Stormwater Programs O Phase II 0 NSW 0 USMP O Water Supply Please identify which local government stormwater program you are using. The Town of Chapel Hill NPDES Phase II Stormwater Program Comments: UNC-CH has a permitted NPDES Phase II Stormwater Program and as a State entity, is required to meet the nutrient reduction requirements under the Jordan Lake Nutrient Management Strategy. A diffuse flow plan for this project is not applicable, as the project will not be discharging any stormwater into the buffer. The stormwater runoff will be collected in the proposed stormwater wetland and will exit through a riser, which is piped directly into the storm drainage system. The overflow will be a drop inlet that is also discharged directly into the storm drainage system. The stormwater management plan for this site will be reviewed by both the Town of Chapel Hill (which has an NPDES Phase II Stormwater Program) and by UNC-CH's NPDES Phase II stormwater program. The stormwater management plan is currently being developed by UNC-CH. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* O Yes No lb. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? * O Yes 0 No lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?* O Yes O No Comments: * The Environmental Assessment and Finding of No Significant Impact documents for this proposed project were submitted to the State Environmental Review Clearinghouse on June 14, 2022. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* O Yes O No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes O No 3b. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* OYes 0No0N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Orange Water and Sewer Authority (OWASA) will treat sewage from this facility. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* O Yes • No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* O Yes O No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* 0 Yes 5e. Is this a DOT project located within Division's 1-8? 0 Yes ® No O No 0 Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? OYes 0No 5g. Does this project involve bridge maintenance or removal? 0 Yes ® No 5h. Does this project involve the construction/installation of a wind turbine(s)?* OYes 0No Si. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? 0Yes ONo 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS Information for Planning and Consultation website https://ecos.fws.gov/Ipac/ NC Natural Heritage Program Data Explorer https://ncnhde.natureserve.org/ and NC NHP response letter 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* 0 Yes 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Marine Fisheries Habitat Mapper https:/www.fisheries. noaa.gov/resource/map/essential-fish-habitat-mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* O Yes O No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC Historic Preservation Office's HPOWEB 2.0 - Advanced User 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* 0 Yes O No 8c. What source(s) did you use to make the floodplain determination?* https://msc.fema.gov/portal/search Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document UNC-CH McColl Building Additions and Renovations PCN Supporting Documentation Reduced File Size.pdf 20.44MB File must be PDF or KMZ Comments Because this is an electronic submittal, a check in the amount of $240.00 made out to the "North Carolina Department of Environmental Quality, NC Division of Water Resources" will be placed into the mail on July 18, 2022. The check will be mailed to the following address. NC DWR, 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Signature rvil By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: George E. Battle, III Signature e Date 7/18/2022 Stream, Wetland and Buffer Determination Forms DocuSign Envelope ID: D5B4A02B-864E-4078-86D2-E9399735DB4E ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality September 15, 2021 George E. Battle III, Vice Chancellor University of North Carolina at Chapel Hill Institutional Integrity and Risk Management 305 South Building, Campus Box 1000 Chapel Hill, NC 27599-1000 Subject: Buffer Determination Letter NBRRO 921-250 Orange County Dear Mr. Battle: On September 14, 2021, Alys Hannum of the Division of Water Resources (DWR) Raleigh Regional Office conducted an on -site review of the features located on the UNC-CH McColl Building Addition and Renovation Project site at your request, to determine the applicability of features on the site to the Jordan Lake Riparian Area Protection Rules, Title 15A North Carolina Administrative Code 02B .0267. The enclosed map(s) depict the features evaluated, and this information is also summarized in the table below. Features were evaluated for subjectivity to the Neuse River Riparian Buffer Rules. Features that are identified as "Subject" have been located on either the most recent published NRCS Soil Survey of Orange County, North Carolina and/or the most recent copy of the USGS Topographic map (at 1:24,000 scale), have been located on the ground, and possess characteristics that qualify them to be at least intermittent streams. Features that are identified "Not Subject" are not located on either of the required maps, have been determined to not be at least intermittent, or are not present on the property. There may be other streams or features located on the property that may be considered jurisdictional according to the US Army Corps of Engineers and therefore subject to the Clean Water Act. This project may require a Section 404/401 Permit for proposed activity within buffers or within waters of the state. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. North Carolina Department of Environmental Quality I Division of Water Resources z:��Q E Q" Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 a +u 919-791,4200 DocuSign Envelope ID: D5B4A02B-864E-4078-86D2-E9399735DB4E UNC-CH McColl Building Addition and Renovation Orange County September 14, 2021 Page 2 of 3 Determination Type: Buffer Intermittent/Perennial ❑ Neuse (15A NCAC 213.0714) ❑ Tar -Pamlico (15A NCAC 2B .0734) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) ® Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name: UNC-CH McColl Building Addition and Renovation Address/Location: Branson Street, Chapel Hill, NC 27514 Stream(s): Meeting of the Waters Determination Date: September 14, 2021 Staff: Alvs Hannum Feature E/UP* Not Subject Start @ Stop @ Soil USGS Subje Survey To 0 A E Xct North of Property Confluence X Boundary with B West of Property 35.900315, B (1) E X Boundary -79,047298 X X (Headcut) 35.900315, Piped B (2) P X -79,047298 underneath the X X Headcut arking deck * E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A = Not Applicable, N/E = Not Evaluated This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604. North Carolina Department of Environmental Quality I Division of Water Resow-ces Raleigh Regional Office 13800 Barrett Drive I Raleigh, North CaroIina 27609 --. a � w Q H' 919.791.4200 DocuSign Envelope ID: D5B4A02B-864E-4078-86D2-E9399735DB4E UNC-CH McColl Building Addition and Renovation Orange County September 14, 2021 Page 3 of 3 This determination is final and binding unless, as detailed above, unless an appeal is requested within sixty (60) days of the date of this letter. If you have questions regarding this determination, please feel free to contact Alys Hannum, of my staff, at alys.hannurnkncdenr.gov• or by telephone at (919) 791-4255. Sincerely, DOCUSigned by: BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office cc: RRO DWR File Copy/Laserfiche Sharon Myers (samyerskehs.unc.edu) Q-,QA � North Carolina Department of Environmental Quality I Division of Water Resotu-ces Q ERaleigh Regional Office 13800 Barrett Drive I Raleigh, North CaroIina 27609 r rar•i �rnrx•w+ +� 919.791.4200 DocuSign Envelope ID: D5B4A02B-864E-4078-86D2-E9399735DB4E UNC-CH McColl Building Addition and Renovation Orange County, NC-DWR Project #21-250 NRCS Soil Survey Sheet Orange Co., NC 1977 30 Legend: -project boundary :: Locations are approximate and are provided for reference only :: r DocuSign Envelope ID: D5B4A02B-864E-4078-86D2-E9399735DB4E t UNC-CH McColl Building Addition and Renovation Orange County, NC-DWR Project #21-250 USGS Topographical Map Chapel Hill Quadrangle 2019p' Locations are approximate {F and are provided for Legend: V reference only -Project boundary�'^�>• S M11 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01106 County: ORANGE U.S.G.S. Quad: NC — CHAPEL HILL NOTIFICATION OF JURISDICTIONAL DETERNIINATION Property Owner: University of North Carolina -Chanel Hill Mr. George Battle, III Address: 200 E. Cameron Avenue, CB 1000 Chanel Hill, North Carolina 27599 Authorized Agent: University of North Carolina -Chanel Hill Ms. Sharon Myers Address: 1120 Estes Drive, CB 1650 Chanel Hill, North Carolina 27599 Size (acres) — 32.5 Nearest Waterway Morgan Creek USGS HUC 03030002 Nearest Town Chanel Hill River Basin Cape Fear Coordinates Latitude:35.899996 Longitude:-79.046493 Location description: The UNC-Chapel Hill McColl Building Addition & Renovation project area is identified as an approximate 32.5-acre tract of land, located on Orange County, North Carolina Parcel 9788628174. This parcel is located at 300 Kenan Center Drive, Chapel Hill, Orange County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property demeated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 SAW-2020-01106 _ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Ms. Samantha Dailey at 919-554-4884, ext. 22 or by email at Samantha.J.Daileynusace.army.mil. C. Basis For Determination: Refer to the enclosed Preliminary Jurisdictional Determination Form and Figure 6. Potential Wetlands and Waters of the U.S. Map dated 04/16/2020 for a detailed summary of the project area. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer SAW-2020-01106 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANNINgUSACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: DAILEY.SAMANTHA.J.138 DAILEY.SAMANTHA.J.1387567948 7567948 2020.09.02 13:57:10-04'00' Date: September 2, 2020 Expiration Date: N/A The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hgp:HcorpsmEu.usace.army.mil/cm_Uex/Vp=136*0. SAW-2020-01106 P91NOTIFICATION OF ADNHNISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: University of North Carolina - Chapel Hill File Number: SAW-2020-01106 Date: September 2, 2020 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.miUMissions/CivilWorks/RegulatoryProgramandPenuits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW-2020-01106 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Raleigh Regulatory Field Office ADMINISTRATIVE APPEAL REVIEW OFFICER Attn: Samantha Dailey CESAD-PDS-O 3331 Heritage Trade Drive, Suite 105 60 FORSYTH STREET SOUTHWEST, FLOOR M9 Wake Forest, North Carolina 27587 ATLANTA, GEORGIA 30303-8803 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN(aUSACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunit to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Samantha Dailey, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Z F S W W O O O F > •p 0. N F z a. N F W S S C l0 K�o Oz tG L.L O O S} Q 0 g W N W W } N /� Q a a ~ O N QJN wmQ LLj mavi d U co O z O Q F O tCo �pv UFcn�(7 �Z� « Z d' W z O U z U Q �+ a� QWJ azW<< D-O �)j Q Z WU _ ASS �W=z0 oi�D m z� Z Z z « UwZ =ma� aK(a9 m N 0 W Z W§ O C § T O 9 V x7 Oa, Y O Z « D)WfO F¢Q�W V W co m Q; m W LL U a ¢ F O `�' O 3 ALL} LLNui D YOZ cn a >> ►- m c.i 0 cn ri M a 0 a 4 N L - ! O LL k � K r a _ o { O f ve O o ♦ qo .%owl L. `.�... �• Am w - r- ; r N r y 4i d S ■ ! cu a)H > c� (9 W � Or 1 c/) a° �aS F y' a) < y s. APPENDIX 2 PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): September 2, 2020 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Property Owner: University of North Carolina -Chapel Hill Mr. George Battle, I I I Address: 200 E. Cameron Avenue, CB 1000 Chapel Hill, North Carolina 27599 Authorized Agent: University of North Carolina -Chapel Hill Ms. Sharon Myers Address: 1120 Estes Drive, CB 1650 Chapel Hill, North Carolina 27599 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, UNC-Chapel Hill McColl Building Addition & Renovation, University of North Carolina -Chapel Hill, Orange County, SAW-2020-01106 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The UNC-Chapel Hill McColl Building Addition & Renovation project area is identified as an approximate 32.5-acre tract of land, located on Orange County, North Carolina Parcel 9788628174. This parcel is located at 300 Kenan Center Drive, Chapel Hill, Orange County, North Carolina. (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Orange City: Chapel Hill Center coordinates of site (lat/long in degree decimal format): Lat. 35.899996°N, Long.-79.046493' W. Universal Transverse Mercator: Name of nearest water body: Morgan Creek (Cape Fear River 03030002) E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES): ® Office (Desk) Determination. Date: September 2, 2020 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Estimated Amount of Geographic Aquatic Resources in Type of aquatic authority to which Site Number Latitude (°N) Latitude (°W) Review Area resource (i.e. the aquatic resource wetland vs. non- "may be" subject wetland) (i.e. Section 404 or Linear Feet Acres Section 10/404) Stream 1 35.900358 -79.047179 153 N/A Non -Wetland Section 404 Wetland 1 35.900461 -79.046990 N/A 0.03 Wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination ofjurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7)whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation ofjurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply): Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: University of North Carolina -Chapel Hill submitted a Jurisdictional Determination Request on June 18, 2020. ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1:24K, NC -Chapel Hill ® USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey: September 2020. ® National wetlands inventory map(s). Cite name: SAW Regulatory Viewer: September 2020 ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): . or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. DAI LEY.SAMA DAILEY.SAMANTH NTHAII3875 All 387567948 2020.09.02 13:55:54-04'00' Signature and date of Regulatory Project Manager (REQUIRED) Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is Impracticable) 1 Districts may establish timeframes for requestor to return signed PJD forms. 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