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HomeMy WebLinkAbout20120497 Ver 3_Approval Letter_20170406Water Resout-ces F_N VfRONMEN `AL QUALITY April 6, 2017 Town of Carrboro Attn: Ms. Tina Moon 301 W. Main Street Carrboro, NC 27510 ROY COOPFR MICHAI'L S. hEGAN S. JAY ZIMMI_ RMAN DWR # 12-0497 v3 Orange County Subject: AUTHORIZATION CERTIFICATE PER THE JORDAN LAKE WATER SUPPLY WATERSHED RIPARIAN BUFFER PROTECTION RULES (15A NCAC 0213.0267 WITH ADDITIONAL CONDITIONS Homestead -Chapel Hill High School Multi -Use Path Dear Ms. Moon: You have our approval for the impacts listed below for the purpose described in your application dated June 14, 2016, received by the Division of Water Resources (Division) on June 16, 2016, with subsequent information on March 16, 2017. These impacts are covered by the Buffer Rule and the conditions listed below. This Authorization replaces the Authorization issued on June 29, 2016 to change a portion of temporary impacts to permanent impacts for bank stabilization at the previously authorized bridge foundation. 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. [15A NCAC 02B .0267(11)] Type of Impact Amount Approved Amount Approved (units) (units) Temporary Permanent Buffers — Zone 1 6,998 (square feet) 3,842 (square feet) Buffers — Zone 2 6,981 (square feet) 2,290 (square feet) State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center ! Raleigh, North Carolina 27699-1617 919 8076300 Town of Carrboro DWR #12-0497 v3 Page 2 of 3 2. Diffuse Flow All stormwater must 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. [15A NCAC 02B .0267(8)] 3. Protective Fenci All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02B .0267 (11)(a)(iii)] 4. 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, as authorized in the written approval from the Division, including incidental impacts. 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. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this Authorization. [15A NCAC 02B .0267 (11)(a)(iii)] 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 Authorization. If you change your project, you must notify the Division and you may be 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. [15A NCAC 02H .0507(d)(2)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] 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) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com or by calling the OAH Clerk's Office at (919) 431-3000 for information. 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 (Monday 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 by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Town of Carrboro DWR #12-0497 v3 Page 3 of 3 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under the Jordan Lake Water Supply Watershed Riparian Buffer Protection Rule as described in 15A NCAC 02B .0267. Please contact Jennifer Burdette at 919-807-6364 or jennifer.burdette@ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Branch cc: Jason Hartshorn, Kimley-Horn (Jason.hartshorn @kimley-horn.com) DWR RRO 401 file DWR 401 & Buffer Permitting Branch file Filename: 120497v3Homestead-ChapelHillHighSchMulti-UsePath(Orange)_JRD.docx