20221683_Buffer Authorization_20230306

(VEltty of ( a4am
P. O. Drawer 357
201 South Main Street
Graham, North Carolina 27253
Tel: [phone] / Fax: [phone]
Jordan Lake Project # 2023-08
Subject Property: Bethany Townes Subdivision
Parcels:8883-33-2545, 888-33-2335, 8883-23-6448
1501 and 1505 South Main St, Graham, NC
AUTHORIZATION of Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules (15A NCAC 2B
.0267) Authorization Certificate
Dear Ms. Kim Hamlin, PWS:
You have our authorization, in accordance with 15A NCAC 02B .02 and the City of Graham's Jordan Lake Riparian
Buffer Protection Ordinance and any conditions listed below, to impact approximately 1,985 ft2 of Zone 1 and
6,305 ft2 of Zone 2 of the protected riparian buffers, for the purpose of Grading and Sewer Crossing as described within
your application dated 2/21/2023, received by the City of Graham. In addition, you should obtain or otherwise comply
with any other required federal, state or local permits before you go ahead with your project including (but not limited to)
Erosion and Sediment Control, Non -discharge regulations.
This authorization certification is for the purpose and design that you described in your application. If you change your
project, you must notify the City and you may be required to submit a new application. If the property is sold, the new
owner must be given a copy of this authorization letter and is thereby responsible for complying with all conditions. This
authorization requires you to follow the conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of this
Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts:
Amount Approved (Units)
Plan Location or Reference
Zone 1 Buffers
1,985 (square ft.
Sewer Crossing
Zone 2 Buffers
6,305 (square ft.
Sewer Crossing Grading
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect surface
waters standards:
Chartered in 1881

a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of
the impacts depicted in the Pre -Construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures within Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, design and
placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. All sediment and erosion control devices shall be removed and the natural grade restored within two
(2) months of the date that the Division of Land Resources or locally delegated program has released the project.
5. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non -erosive velocities through
the protected stream buffers and will not re -concentrate before discharging into the stream as identified within
15A NCAC 2B .0267(8).
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these boundaries
approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility
material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land
disturbing activities to ensure compliance with 15A NCAC 2B .0267.
7. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent modifications, the applicant
is required to return the attached certificate of completion to the City of Graham, Planning Department.
8. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and
protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms
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shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at:
http://portal.ncdenr.org/web/wq/swp/ws/401/riparianbuffers. The text of the sample deed notification may be
modified as appropriate to suit to this project. This information shall be included on the final plat of the water
quality basin and shall include the maintenance and access easement.
Any disputes over determinations regarding this Authorization (associated with the approved buffer impacts) shall be
referred in writing to the City of Graham within thirty (30) days of receipt of this notice for a decision.
You can contest the City of Graham's decision as provided in the City's Jordan Lake Riparian Buffer Protection
Ordinance.
This Authorization shall expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B .0267 and the
Jordan Lake Riparian Buffer Protection Ordinance. If you have any questions or would like a copy of the buffer rules,
please call Josh Johnson, P.E. at [phone]. This letter does not authorize any impacts to either Waters of the
United States or Waters of the State. Please contact the US Army Corps of Engineers (USAGE) or NC Division of
Water Duality (DWO) if any impacts are proposed to either of these waters.
Sincerely,
Josh Johnson, P.E.
Enclosures: Certificate of Completion
cc: Aaron Holland, City of Graham Planning Department
Cameron West, Planner - City of Graham Planning Department
Kim Hamlin. PWS— Sage Ecological
Sue Homewood, NC DWR
File Copy
Filename: 2017-9
Chartered in 1881