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HomeMy WebLinkAbout20170453 Ver 1_Riparian Buffer Authorization_20170417� ECOLOGICAL ENGINEERING April 10, 2017 1151 SE Cary Parkway, Suite 101 Cary, North Carolina 27518 (919) 557-0929 www.ecologicaleng.com NC Division of Water Resources 2 0 Q 401 & Buffer Permitting Unit D T Q 5 3 1650 Mail Service Center (��O Raleigh, NC 27699-1650 Re: Request for Buffer Authorization Approval ,201 Tanyard Branch Greenway 40 WqT Town of Chapel Hill, Orange County, North Carolina1 eUF ERoESOUa Karen Higgins: Ecological Engineering, LLP (Ecological Engineering), on behalf of Stewart, Inc. and the Town of Chapel Hill respectfully requests project approval for a Authorization Certificate per the Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules (15A NCAC 02B .0267) for impacts associated with the Tanyard Branch Greenway project. In accordance with environmental permitting requirements, we have attached the following information to assist in your review of the project: • Three copies of the completed Riparian Buffer Authorization Form; • Energy Dissipaters Calculations; • Three copies of associated mapping with regards to the project area; • Three copies of the approved USACE Pre -JD; • Three copies of the permit drawing denoting impacts to jurisdictional resources; • Three copies of the Agent Authorization Form; If you have any questions or concerns regarding this submittal, please do not hesitate to contact me at 919.557.0929 or via email at hsmith@ecoloEicalenE.com. Sincerely, Heather Smith, LSS DWR State of North Carolina Department of Environment and Natural Resources Division of Water Resources Division of Water Resources 15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) - Buffer Authorization FORM: BA 10-2013 Riparian Buffer Authorization Form A. Applicant Information 1. Project Information 1a. Name of project: Tanyard Branch 1 b. County: Orange 1c. Nearest municipality: Chapel Hill 1d. Subdivision name: NIA 1e. Is the project located in any of North Carolina's twenty coastal counties. If yes, answer 1f below. ❑ Yes No &D 1f. Is the project located within a NC Division of Coastal Management Area of Environmental Concern (AEC)? ❑ Yes "r AP 2. Owner Information 1 2a. Name on Recorded Deed: Town of Chapel Hill p 2b. Deed Book and Page No. $ Bp ER RR 2c. Map Book and Page No. (include a copy of the recorded map that indicates when the lot was created): 2d. Responsible Party (for Corporations): Roger Stancil, Town Manager / Bill Webster, Planning and Development Manager 2e. Street address: 405 Martin Luther King 2f. City, state, zip: Chapel Hill, NC 27514 2g. Telephone no.: 919-968-2743/919-969-5064 2h. Fax no.: 2i. Email address: manager@townofchapelhill.org/bwebster@townofchapelhill.org 3. Applicant Information (if different from owner) 3a. Applicant is: ❑ Agent ❑ Other, specify: 3b. Name: 3c. Business name (if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: 4. Agent/Consultant Information (if applicable) 4a. Name: Heather Smith 4b. Business name (if applicable): Ecological Engineering 4c. Street address: 1151 SE Cary Parkway, Suite 101 4d. City, state, zip: Cary, NC 27518 4e. Telephone no.: 919-557-0929 4f. Fax no.: 4g. Email address: hsmith@ecologicaleng.com FORM: BA 10-2013 Page 1 of 5 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): See attached Parcel Map 1b. Site coordinates (in decimal degrees): Latitude: 35.919960 Longitude: -79.064726 1c. Property size: 0.33 miles (6 acres) 2. Surface Waters 2a. Name of nearest body of water to proposed project: Tanbark Branch/Bolin Creek 2b. Water Quality Classification of nearest receiving water: WS -V; NSW/WS-V; NSW 2c. River basin: Cape Fear 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Landuse is considered urban and an existing dirt trail is present. The topography is characterized by a narrow floodplain with steep sideslopes. 3b. Attach an 8'/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site 3c. Attach an 8'/ x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site. 3d. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 335 linear feet of perennial/125 linear feet intermittent 3e. Explain the purpose of the proposed project: Provide a paved greenway trail connecting the existing paved Tanyard Branch trail to Tanbark Branch Park. 3f. Describe the overall project in detail, including the type of equipment to be used: The project involves installing a 10 -foot wide asphalt greenway connecting Tanyard Branch trail to Tanbark Branch Park. The project is approximately 0.33 miles with 0.30 miles of paved greenway and 0.03 miles of boardwalk. The project is utilizing a retaining wall to redirect drainage away from the paved greenway and minimize erosion. The contractor selected for the project will determine the equipment used on the project. Trail contractors generally use small paving machines and earth moving equipment which results in smaller impacts to the project area than traditional highway construction equipment. Boardwalks will be constructed utilizing a "top down" approach to avoid disturbance to the wetland ground surface during construction. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ® Yes ❑ No ❑ Unknown Corps or State been requested or obtained for this property/ Comments: project (including all prior phases) in the past? 4b. If yes, who delineated the jurisdictional areas? Agency/ Consultant Company: Ecological Name (if known): Heather Smith & Lane Sauls Engineering Other: 4c. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. NCDWR determination 5/14/2015; see attached NCDWR letter. 5. Project History 5a. Have permits or certifications been requested or obtained for this ❑ Yes ® No ❑ Unknown project (including all prior phases) in the past? 5b. If yes, explain and detail according to "help file" instructions. FORM: BA 10-2013 Page 2 of 5 C. Impact Justification and Mitigation, continued 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. C. Proposed Impacts Inventory 1. Buffer Impacts 1a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ® Jordan ❑ Goose Creek 1 b. Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. Buffer impact Reason for Type of impact Stream name Buffer mitigation Zone 1 Zone 2 number— impact (exempt, allowable, required? impact impact Permanent (P) allowable w/ (sq ft) (sq ft) or Temporary ( mitigation) B1 ® P ❑ T Greenway & Allowable Bolin Creek & ❑ Yes ® No 5,874 10,276 Construction Tanbark Branch B2 ® P ❑ T Greenway & Allowable Bolin Creek & ❑ Yes ® No 0 131 Construction Tanbark Branch B3 ® P ❑ T Greenway & Allowable Bolin Creek & ❑ Yes ® No 8 1105 Construction Tanbark Branch 64 ® P ❑ T Greenway & Allowable Bolin Creek & ❑ Yes ® No 9,908 4,163 Construction Tanbark Branch B5 ❑ P ❑ T ❑ Yes ❑ No B6 ❑ P ❑ T ❑ Yes ❑ No Total buffer impacts 15,790 15,675 1c. Comments: Impacts are for installation of greenway trail and accompanying drainage features. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The greenway was designed to avoid impacts to streamside buffers as well as the adjacent steep slopes defining the floodplain boundaries. Designs also attempt to reduce vegetation impacts by following the existing dirt path. Based on these avoidance and minimization measures, the design exhibits an impervious surface impact of 0.07 acres in Zone 1 and 0.10 acres in Zone 2. The remainder of the impacts is associated with construction of the trail. There are five outfalls within the buffer and four of these have diffuse flow (< 2cfs). The fifth outfall is located at the existing bridge of Tanbark Branch and outfalls into existing rip rap. The existing rip rap extends from the proposed trail to the top of bank. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The limits of disturbance are being considered part of the impacts for the construction of the greenway and equipment will not impact buffer outside of the labeled impacts on the permit drawings. FORM: SSGP3080 8-13 Page 3 of 5 C. Impact Justification and Mitigation, continued 2. Buffer Mitigation 2a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 2b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and calculate the amount of mitigation required in the table below. Zone Reason for impact Total impact (square feet) Multiplier Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 Total buffer mitigation required: 2c. If buffer mitigation is required, is payment to a mitigation bank or NC EEP proposed? ❑ Yes ❑ No 2d. If yes, attach the acceptance letter from the mitigation bank or NC EEP. 2e. If no, then discuss what type of mitigation is proposed. 2f. Comments: FORM: SSGP3080 8-13 Page 4 of 5 E. Diffuse Flow Plan by First Class Mail via the US Postal Service: by delivery service (UPS, FedEx, etc.): All buffer impacts and high ground impacts require diffuse flow or other form of ® Diffuse flow 1617 Mail Service Center stormwater treatment. Include a plan that fully documents how diffuse flow will ❑ Other BMP Raleigh, NC 27604 be maintained. If a Level Spreader is proposed, attach a Level Spreader For all other projects sent by delivery service via the US Postal Service Supplement Form. Karen Higgins OR Karen Higgins See attached Energy Dissipater Calculations NCDWR — 401 & Buffer Permitting Unit 1617 Mail Service Center If due to site constraints, a BMP other than a level spreader is proposed, please Raleigh, NC 27699 - 1617 Raleigh, NC 27604 provide a plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP Manual and attach a BMP Supplement Form. F. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or ® Yes ❑ No the use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an ❑ Yes ® No environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document been finalized by the ❑ Yes ❑ No State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: 2. Violations 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated ❑ Yes ® No Wetland Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): Heather Smith 3/21/2017 Applicant/Agent's Signature Applicant/Agent's Printed Date Name (Agent's signature is valid only if an authorization letter from the applicant is rovided) For government transportation projects sent For government transportation projects sent by First Class Mail via the US Postal Service: by delivery service (UPS, FedEx, etc.): NC DWR, Transportation Permitting Unit OR NC DWR, Transportation Permitting Unit 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1617 Raleigh, NC 27604 For al/ other projects sent by First Class Mail For all other projects sent by delivery service via the US Postal Service (UPS, FedEx, etc.): Karen Higgins OR Karen Higgins NCDWR — 401 & Buffer Permitting Unit NCDWR — 401 & Buffer Permitting Unit 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1617 Raleigh, NC 27604 FORM: BA 10-2013 Page 5 of 5 Energy Dissipater Calculations Station Drainage Area Slope Manning's n Velocity Q10 (Acres) (ft/ft) (ft/s) (cfs) 10+15 L* 1.8 0.0143 0.065 1.5 4.8 12+25 L 0.5 0.1600 0.065 2.7 1.2 14+10 L 0.2 0.2854 0.065 2.4 0.5 19+75 L 0.6 0.0724 0.065 2.2 1.5 21+25 L 0.2 0.0040 0.065 0.2 0.5 *There is an existing rip rap pad down to the stream and the water will outfall onto the existing rip rap. Glen Hei ' is � t I 450 tm 450 i. �R C-) O K' CR J o ter(, !� � � 1(`,'l �}! - 't PINfY.lY40. J��� � � -•� G�Dap � 1 ) g -,,` �y�CIPp���a o? N N fSTfS'DR t CLAYTDN,RD RD G Horace Williams"Airport 4005� 1 Z_ ',ggoRT DR'✓ D . pA�,�tie JUSTICE ST i �pdR'sr M t MO,l11�t— At /- t't�i+_ GE_CIR BOI_11�8 M M� `�'s a�Bkus,Ro` Hidden l s� �� _, �,� Hills- Spring iron .gods, Project Area y J Valley . 4 ��jp`cREEK d DE RD _ 350�ppp ` Bp p } ` Sr "� 0� ° yo � 5� or 1 �ST VILL N (— KAY $T ��_ C( q� o.. :`reds - Inset Scale: 1 10,000 4* H'PON AR AVE O s� rIDEUTY Si l y -. o, U, SR 1896 SR 1777 5 co SR 1834 N e A 4 �s z I -_ ,� v�/00 Z mom.' g ' e KNoL" sT N Project Area s� r SR 1�42� � I 4 cb SO N i• °Wildwoo w JOHNSO�ysr ORANGE NCS o I .�lpf'li19!ah�i ram % 0 C4a (P 1010 J `^y 2048 � I Weatherhill /_� 54 r— 1005 o DURHAM SR McCauley I PA/pCFOR r �y � SR 1994. i 'o c 519 cP,A �� ; I 0 1,000 2,000 4,000 SR2p47 1 "=2,000' Prepared For Figure 1 Tanyard Branch Topo Map N • • Sediment and Erosion Control Permit { Orange County, NC � ECOLOGICAL y ENGINEERING 2013 USGS Quadrangle E,., „�,..,,.s•,,,.• „ -1 el N(:711.M Chapel Hill ted �i "• Stream A `' 4 a - Flags 1-2 .,- `y .A'"� • .:� .�. Legend ! Study Area PIN, OWNER 9788094147, CHAPEL HILL TOWN a Pr J 9788094386, CHAPEL HILL TOWN 9788097500, CHAPEL HILL TOWN r r0.10 IL7e. i . 9788195921, CHAPEL HILL TOWN 0 200 400 .1800 2478, 9789 00 CHAPEL HILL TOWN 1"=400' Prepared For: N _ Parcel Map Tanyard Branch ECOLOGICAL Orange County, NC ENGINEERING " ;,A., •,.,.•A.,• A,• ,,,. S T E WA RT 2013 NC Onemap Aerial t 11 19mr"Imm kAwgkofts, * (OvCmm%%a"/ k[o� OL -. f t Ann IALI Ikt�SMki fly- low4. tj Iiia9 'ifs � � � ^'"�� �'1; �• < •���'_ ;i' �'�� �' it1� �., ,'•� ,�' � ar �.- {Al i�1i1 t %t i !4 1 v;ikk 'S,7y1�� �� 11 �L .yn•, .- X 1� � C � � ».�;� '! q � y.. '.'�iF�F1P' :� '1r"`'"tf � J►•: F. Legend Site Streams Tanyard Branch Greenway 2-ft Contour IT p' t� �./ . e Ilk yR. . �., 5 f 4 AU e �"�-°,•, ], � — t• fir" • � Wil' � ri' .. +;� d•N -- a•- '� Ow 125 250 500 1 I,=250'x, Prepared For: Proposed Trail Alignment Map N ECOLOGICAL Tanyard Branch Orange County, NC ENGINEERING S T E WA R T NCDOT Contours U.S. ARMY CORPS OF ENGINEERS COPV WILMINGTON DISTRICT YA Action Id. SAW -2015-02470 County: Oran a U.S.G.S. Quad: NC -CHAPEL HILL Property Owner: Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC NOTIFICATION OF JURISDICTIONAL DETERMINATION Town of Chapel Hill Parks and Recreation Bill Webster 200 Plant Rd. Chapel Hill, NC, 27514 (919) 968-2819 32.6 Bolin Creek 03030002 Nearest Town Chapel Hill River Basin Haw Coordinates Latitude: 35.91996 Longitude: -79.064726 Location description: Project site includes five properties located south of Umstead Parkin the two of Chanel Hill, Orange County, North Carolina. PIN's: 9789002478. 9788097500; 9788094147; 9788195921; 9788094386. Indicate Which of the Following Apply: A. Preliminary Determination X Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area . We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). 1£ 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. B. Approved Determination There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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 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 strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must 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 Iaw 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 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 and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Craig Brown at 919-5544884 x35 or Craig.J.BrownAusace.army.mil. C. Basis For Determination: There maybe streams within the proiect area that maybe relatively permanent waterways (RPW) exhibiting ordinary high water marks & bed and bank features and/or wetlands that may exhibit wetland criteria as defined in the 1987 Corps Wetland Delineation Manual and appropriate Regional Supplement. The approximate location of possible iurisdictionaI Waters of the U.S. are shown on the attached aerial photo titled: "Jurisdictional Features Map — Tanvard Branch — Orange County, NC". D. Remarks: This was a desktop JD. 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 (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. 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: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 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 (Preliminary JD). **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: Craig Brown Date: November 23, 2015 Expiration Date: N/A (Preliminary JD 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 http://regulatoKy.usacesurvey.co . Attachment: Aerial Photo Titled: "Jurisdictional Features Map — Tanyard Branch — Orange County, NC". Copy NCDWR: Heather Smith Address: Ecological Engineering, LLP 1151 SE Cary Parkways Suite 101 Cary, NC 27518 Telephone: (919) 557-0929 NOTA KATION OY+'1DISTRATIVE APPEAL OPTIONS AND PROCESS AND RE.Q>€JEST FO](t APPEAL - Applicant: Bill Webster File Number: SAW -2015-02470 Date: November 23, 2015 Parks and Recreation Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of ermission A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D NJ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I The following identifiesyour rights and options regarding ar`administrative'appeal of the above decision: Additional information may be found at htto://www.usace.anny.mil/Missioiis/CivilWorks/RegglatoryProgram.andPermits.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 tenns 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 detennined 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 pen -nit • 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 district engineer. This form must be received by the division engineer within 60 days of the date of this notice. 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. Jason Steele, Administrative Appeal Review Officer Attn: Craig Brown CESAD-PDO Raleigh Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 10M15 Wake Forest, North Carolina 27587 Atlanta, Georgia 30303-8801 Phone: 404) 562-5137 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 opportunity to participate in all site investi a 'ons. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Craig Brown, Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 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. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Tan anch SITE 1 EXISTINTANYARD G GREENWAY �� MkFaSr I BOARDWALK 1 ta. 10+ TOWN OF CHAPEL HILL ORANGE COUNTY NORTH C'ARC)I TNA TANYARD BRANCH GREENWAY TYPE OF WORK: GRADING, PAVING, STRUCTURES, DRAINAGE RETAINING WALLS, CULVERTS & EROSION C6NTROL NCDOT TIP: U-4726 IJ DESIGN DATA DESIGN SPEED = 20 MPH LEAN ANGLE = 15 DEGREES FUNC. CLASSIFICATION = GREENWAY SITE 2 PERMIT DRAWING SHEET 1 OF b BUFFER IMPACTS PERMIT PROPOSED BOLIN CREEK SITE 3 GREENWAY (PHASE III) , p4OO Umstead Park P r y � v to ree SITE 4 END CONSTRUCTION Sta. 27+41.60 -L- PRITCHARD AVE EXT Iwauc _ PROJECT LENGTH GRAPHIC SCALES LENGTH OF PROJECT = 0.33 MILES 20 10 0 20 40 20 10 0 20 40 10 5 0 10 20 LENGTH OF BOARDWALK = 0.03 MILES PLANS PROFILE (HORIZONTAL) PROFILE (VERTICAL) GREENWAY ENGINEER 1 IImm,9 TEWART HYDRAULICS ENGINEER 1 . — — a axn,— 1 „I91�i15�Sp�mT Y NGWOEOIRIA� )ATE:SEPTEMBER 25, 2015 ;EVISIONS: A15004.001 1 �e o Gr^'s Reade Rd.P Dr.�a END PROJECT coy�eaa a I - ° 0 P v. Ills t N res Q' � no°n y a' St• ~ t\�So 15 e 5t ea5ter5 St %o�S 5t. cy a o-fi Mc aWell � Nob\ �eQre Q Cl Cobb C erritt s<. t d Noir �omai s � �` dos y5t• s� Hi11 3 rt est Galt s o vI arker S • St. r Ln'9 cDaa a� ° hitake ovule Nunn BEGIN PROJECT � Av. c tv =r ? 7 N v ho 3 0 (tose�a �. obb Dr. v St. St. n St. oberSon Std o�w yFtanK,9 06 �� ���i Ip Carr �` VICINITY MAP Tan anch SITE 1 EXISTINTANYARD G GREENWAY �� MkFaSr I BOARDWALK 1 ta. 10+ TOWN OF CHAPEL HILL ORANGE COUNTY NORTH C'ARC)I TNA TANYARD BRANCH GREENWAY TYPE OF WORK: GRADING, PAVING, STRUCTURES, DRAINAGE RETAINING WALLS, CULVERTS & EROSION C6NTROL NCDOT TIP: U-4726 IJ DESIGN DATA DESIGN SPEED = 20 MPH LEAN ANGLE = 15 DEGREES FUNC. CLASSIFICATION = GREENWAY SITE 2 PERMIT DRAWING SHEET 1 OF b BUFFER IMPACTS PERMIT PROPOSED BOLIN CREEK SITE 3 GREENWAY (PHASE III) , p4OO Umstead Park P r y � v to ree SITE 4 END CONSTRUCTION Sta. 27+41.60 -L- PRITCHARD AVE EXT Iwauc _ PROJECT LENGTH GRAPHIC SCALES LENGTH OF PROJECT = 0.33 MILES 20 10 0 20 40 20 10 0 20 40 10 5 0 10 20 LENGTH OF BOARDWALK = 0.03 MILES PLANS PROFILE (HORIZONTAL) PROFILE (VERTICAL) GREENWAY ENGINEER 1 IImm,9 TEWART HYDRAULICS ENGINEER 1 . — — a axn,— 1 „I91�i15�Sp�mT Y NGWOEOIRIA� )ATE:SEPTEMBER 25, 2015 ;EVISIONS: A15004.001 1 N pi 1�pWN p\ _ �10 \4PEl. N% PERMIT D RAW I N G __-_--- -- SHEET 5 OF 6 -- -- 33 ®ALLOWABLE BUFFER IMPACTS ZONE 1 - _ -) - ALLOWABLE BUFFER IMPACTS ZONE 2 ---_ __--_,_ TOWND.B.7 CHAPEL W P.B.71, Pa. 191 • P.B. 51, PG. 196 --- - — __— -- PIN 9188196921 `- --— —_—_—_ /%�- W :W ��`-�\\\ ` LIMITS OF DISTURBANCE APPROX. 2' OUTSIDE OF \ SILT FENCE — �� ��� _- + .\ to U Lu Lu Lu \�_\ �\� 9�,\\ � \\� L , \� GREENWAY ENGINEER LIMITS OF DISTURBANCE APPROX. 2' OUTSIDE OF SLOPE STAKE LINE `� ` \ \ \ PRELIMINARY PLANS _ 4 345 I - - - - - - - - 4 ... a...".,...". 1 STEWART E D RAE _ _ _ _ TIE rO SE REENW Y HYDRAULICS ENGINEER 340 P1= 25+10.00- EL= 33258'40 VC = 20' P/ = 26+75.00 .-- .. -- --.-. EL = 33254' - T PRELIMINARY PLANS - Pl = 26+00.00 _ - - - 345 VC = 30 � 331.45' C = -- 3 NGiNE - If • 330 —Y- !-----�-- �_ DATE:SEPTEMBER 25 2015 REVISIONS: NO. DATE i 325 PROJECT NO.: A15004.00 320 SCALE: 1"=20' 25 26 27 28 7 Rev. May 2006 BUFFER IMPACTS SUMMARY SITE NO. STRUCTURE SIZE / TYPE STATION (MAP ID) TYPE ROAD PARALLEL CROSSING BRIDGE IMPACT IMPACT ALLOWABLE ZONE ZONE (ft2) (ft2) TOTAL (ft2) MITIGABLE ZONE ZONE TOTAL (ft) (ft2) (ft2) BUFFER REPLACEMENT ZONE ZONE (ft2) (ft2) 1 Proposed Greenway -L- STA. 10+16 TO STA. 16+79 X 5874 10276 16150 2 Proposed Greenway -L- STA. 19+39 TO STA. 19+92 X 0 131 131 3 Proposed Greenway -L- STA. 20+60 TO STA. 21+37 X 1 8 1105 1113 4 Proposed Greenway -L- STA. 21+39 TO STA. 27+47 X 9908 4163 14071 TOTAL: 15790 15675 31465 Rev. May 2006 AGENT AUTHORIZATION FORM i Town of Chapel Hill'; i I Project Name: Tanyard Branch Project flotation: McMasters St., Chapel Hill, NC Date: August 2015 Town of Chapel Hill, undersigned, does hereby authorize: The Professional Er gineers and Scientists II of (Contractor / Agent) to act on my behalf and permit or certification a Town of Chapel Hill 200 Plant Rd Chapel Hill, NC 27514 (919) 969-5064 I hereby certify the abc best of my knowledge. Bill Webster Planning and Ecological Engineering, LLP (Name of consulting firm) Ae all actions necessary for the processing, issuance and acceptance of this d any and all standard and special conditions attached. I.org Information submitted in this application is true and accurate to the Manager Date