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Home My WebLink About20170453 Ver 1_Approval Letter_20170424 ROY COOPER „ Governor fax' MICHAEL S. REGAN Secretary Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY - - f - Director • April 24, 2017 DWR#17-0453. Orange County Roger Stancil Town Manager 405 Martin Luther King Jr. Blvd. ;, Chapel_Hill, NC 27514 • Subject.' ',AUTHORIZATION CERTIFICATE PER THE JORDAN LAKE WATER SUPPLY WATERSHED , RIPARIAN BUFFER PROTECTION'RULES(15A NCAC,02B .0267).WITH ADDITIONAL . CONDITIONS ' lanyard Branch Greenway. Dear Mr.'St anvil: f You have our approval for the impacts iisted.below;for the purpose r�pose described in your application dated March 21, 2017.and received by the Division of Water Resources(Division) on • April 17, 2017. Pleasejnote that;you;should get anyother 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,Wa tershed,regulations. This Authorization Certificate shall expire five (5)years from the date of this Iletter.' This approval.requi'res 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 Rulesrare Met. No;other`impacts,are approved,' includingincidental impacts.I[15A N,CAC 02B'.0267(1�1')]. Type'of Impact i Amount Approved. ' Amount Approved (units), , (units) Permanent. Temporary Buffers Zone 1 , B1-B4: Greenway Trail 15790.;(square'feet) -I1 0 (square feet) Buffers-Zone 2 B1-B4: Greenway Trail 15675 (square feet) ' '' 0(square feet) Division-of Water Resources,Raleigh Regional Office,'Water Quality Operations Section http:/Iportal.ncdenr.orgiweb/wqlaps 1628 Mail Service Center,Raleigh,NC 27699-1628 , Phone:(919)•791-4200 Location: 3800;Barrett Drive,Raleigh,NC 27609 rax:,"(919)788=7159 Tanyard Branch Greenway DWR#17-0453 BUFFER APPROVAL Page 2 of 3 1. 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)] 2. 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 [15A NCAC 02H .0501 and .0502]. 3. Protective Fencing 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 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 4. 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 Buffer 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. 5. 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). 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. Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. 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. Tanyard Branch Greenway DWR#17-0453 BUFFER APPROVAL Page 3 of 3 Mailing address for the OAH: If sending by First Class Mail If sending via delivery service via the US Postal Service: (e.g. UPS, FedEx): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWQ: If sending by First Class Mail If sending via delivery service via the US Postal Service: (e.g. UPS, FedEx): Karen Higgins Karen Higgins NC DENR-DWR—401 & Buffer NC DENR-DWR—401 & Buffer Permitting Unit Permitting Unit 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699-1617 Raleigh, NC 27604 This letter completes the review of the Division under the Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules as described in 15A NCAC 02B .0267. Please contact Stephanie Goss at 919-791-4256 or Ste•hanie. Goss elncdenr. ov if you have any questions or concerns. Si cerely, lawny Danny Smith Supervisor, Water Quality Regional Operations Section cc: DWR RRO 401/Buffer file DWR 401 & Buffer Permitting Unit file Heather Smith, Ecological Engineering, 1511 SE Cary Parkway, Suite 101, Cary, NC 27518