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Home My WebLink About20140800 Ver 1_More Info Received_20140815Strickland, Bev From: Smith,[heni L Sent: Monday, August l8'ZUl40:35AK4 To: K4onta|wo, Sheri A( Strickland, Bev Subject: FVV: The Edge Attachments: 2012-12-17 The Edge DVV[}Letter.pdf,ZUl4'U8 15ImpactSummary TheEdge.pdf, 2014-08-15 Signed PCN The Edge.pdf From: Yates, Kevin Sent: Friday, August 15, 2014 12:44 PM To: Smith, CheniL Subject: RE: The Edge We're slackin and/or busy and not reviewing our work like we should, either way I apologize for the leaving out some critical pieces tothis PCN. Please find attached: 1> Signed and dated page of PCN 2> The DVVQ letter (DVVQ Project No. 12-1O63) work conducted by another firm 3) And yes the 94|fof stream impact includes the dissipater pad. I've also revised the PCN impact sheet to break- out the pipe/road fi| and dissipater pad. Have a great weekend! xevm From: Smith, Cherh L Sent: Wednesday, August IlZU141Z:SOPM To: Yates, Kevin Subject: The Edge Hi Kevin, * The application isn't signed and dated so I'll need that page resubmitted. Do you have the DWR # for the stream determination letter that was done for this project? 9 Does the 94 linear feet of stream impact include the velocity dissipater? Thank you for your assistance. Cherri Cherri Smith NCDENR Division of Water Resources Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699 -1628 ph. 919 - 791 -4251 E -mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties ��A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, R E. Dee Freeman Governor Director Secretary December 17, 2012 DWQ Project# 12 -1063 Orange County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Robert R. Maschue, P.G. Solutech Environmental Consultants 5841 Corporate Way, Suite 102 West Palm Beach, FL 33407 Subject Property: "The Edge" Property Airport Road and Eubanks Road Chapel Hill, NC On -Site Determination for Applicability to the Jordan Lake Riparian Area Protection Rules (15A NCAC 2B .0267) - Appeal Dear Mr. Maschue:: On December 12, 2012, at your request Eric Kulz with the Division of Water Quality (DWQ) conducted an on -site determination to review four surface water features located on the subject property for applicability to the Jordan Lake Buffer Rules (15A NCAC 2B .0267). The features are labeled as "Main Tributary", "Tributary A ", "Tributary B ", and "Tributary C" on the attached map initialed by me on December 12, 2012. Town of Chapel Hill Staff had previously conducted an on -site determinations at the property in 2003 and 2011. In your letter to the Director dated November 5, 2012, you requested an appeal of their determination as provided within 15A NCAC 02B .0267(5). Dr. James Gregory with Watershed Hydrology Consultants was present on -site when the stream determinations were made. At your request, DWQ conducted an appeal of the determinations as stated above. The features were evaluated using the DWQ Stream Classification Form, as applicable. The form states that if the score is "greater than or equal to 19 points the stream is at least intermittent". The DWQ has determined that the stream labeled as "Main Tributary" on the attached map is intermittent at an orange flag labeled "DWQ Start Intermittent' flag, and is subject to the Jordan Lake Buffer Rules. This feature scored 20 points just below the flagged origin point. The Main Tributary scored 13 points above the flag, approximately 60 feet downstream of a culvert under Eubanks Road. An intermittent/perennial transition point was identified on the " "Main Tributary" and was marked with orange flagging labeled "DWQ start perennial' as approximately shown on the attached map. The stream scored 31.5 below this flag. The DWQ has determined that the stream labeled as "Tributary A" on the attached map is ephemeral and is not subject to the Jordan Lake Buffer Rules. This feature consists of a valley with discontinuous surface drainage patterns, transitioning to a ditch (spoil piles) for the lowest section to its confluence with the "main tributary". This feature does not intersect groundwater and has no base flow. �•,.m us bu9ra St., :,at,, )oit1ancoa 1P naitnr A(, er6SCdPc -aE, r,,.. . r, Ca,,.,,��n�� „,I One ” ;Jib ; NorthCarolina Robert R. Maschue, P.G. Page 2 of 3 Date: December 17, 2012 The DWQ has determined that the stream labeled as "Tributary B" on the attached map is ephemeral and is not subject to the Jordan Lake Buffer Rules. This feature consists of a poorly- formed, discontinuous stream bed which does not intersect groundwater and has no base flow. This feature scored 10 points. This feature is not shown on either the USGS topographic map or the USDA soil survey map. The DWQ has determined that the stream labeled as "Tributary C" on the attached map is an ephemeral ditch and is not subject to the Jordan Lake Buffer Rules. This feature runs parallel to the natural topography, and does not intersect groundwater and has no base flow. These determinations shall replace the determinations originally performed by the Town of Chapel Hill and shall expire five years from the date of this letter. You can contest the Director's decision as provided in Articles 3 and 4 of G.S. 150B. To contest the Director's decision you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed- provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 Telephone: (919) 431 -3000, Fax: (919) 431 -3100 A copy of the petition must also be served on DENR as follows: William Cary, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This stream and its associated buffers should be identified on any future plans for this property. The owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any future correspondences concerning this property. Robert R. Maschue,P.G. Page 3 of 3 Date: December 17, 2012 This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional questions or require additional information please call Eric Kulz at (919) 807 -6476. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B. Sincerely, Charles Wakild CW/KH /EWK Enclosures: Site Location Map, Site Map cc: Patricia D'Arconte, Town of Chapel Hill Public Works Department, 405 Martin Luther King, Jr. Blvd., Chapel Hill, NC 27514 -5705 File Copy SOLUTECH, INC. Stream Delineation Appeal 5941 Corporate Way, Suite 102 80 +/- Acre Parcel West Palm Beach, FL 33407 Eubanks Road and 1 -40 Tel: (561)688 -2904 Fax: (561)688 -2908 Chapel Hill, NC Drawn By Date: November 5, 2012 Figure No.: Site Location Map Not to Scale Priya Job No.: 47168.00 1 ' O L e� C z J s - ��- , � .••fly:. .- � � � O � ^' it J \ ,_ / � i' • y}�__ __ — _ ;r% � .r -- 'C H 1 � It+ mil' `. - % - '; '`'f • = w II �� ' %� '�� 'III \ / \ •,� w ° "� - -�/ ' i \ \ •, r \�wq:4 \at��.L.j.' t cam. ! AC1 R. y C C bL w v° Yll m C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non -404, other) (acres) Temporary T Inset 1 (perm.) Fill (road) riparian ® Yes ❑ No ® Corps ® DWQ 0.02 ac 2g. Total wetland impacts 0.02 ac 2h. Comments: (See Figure 4, Inset 1) 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non -404, width (linear Temporary (T) (INT)? other) (feet) feet) Inset 1 (perm.) (Culvert Fill road) Stream Feature A Int. ® Corps ft 64 Inset 1 (perm.) Fill (Dissipater Pad) Stream Feature A Int. ® Corps ® DWQ 2 ft 30 3h. Total stream and tributary impacts 94 3i. Comments: (See Figure 4, Inset 1) 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable) Type of impact Waterbody type Area of impact (acres) - Permanent (P) or Temporary T 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑ PEI T 4L Total open water impacts N/A 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. Page 6 of 14 PCN Form - Version 1.3 December 10, 2008 Version 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: This project will be designed to meet FEMA requirements and reviewed by the local delegated Floodplain Manager within the Town of Chapel Hill. 8c. What source(s) did you use to make the floodplain determination? North Carolina Flood Insurance Rate Map Panel 9870 shows approximately 0.08 acres of 100 -year floodplain and 0.10 acres of 500 -year floodplain located at the northwest edge of the subject property. There are no floodways on the subject property. Kevin Yates i Date Applicant/Agent's Printed Name Applicant/Ag s Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 14 of 14 PCN Form — Version 1.3 December 10, 2008 Version