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