HomeMy WebLinkAbout19960276 Ver 5_Approval Letter_20180710a,
ROY COOPER
Govenmr
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MICHAEL S. REGAN
Secrelary
LINDA CULPEPPER
WaterResources Interim Du eclor
ENVIRONMENTAL QUALITY
July 10, 2018
DWR # 96-0276 v5
Orange County
Town of Chapel Hill
Planning and Development -Parks and Recreation
Attn: William Webster
200 Plant Road
Chapel Hill, NC 27514
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE JORDAN LAKE WATER SUPPLY WATERSHED
RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0267) WITH ADDITIONAL
CONDITIONS
Bolin Creek Greenway -Phase III
Dear Mr. Webster:
You have our approval for the impacts listed below for the purpose described in your received
by the Division of Water Resources (Division) on June 5, 2018 with payment received on June 7,
2018. These impacts are covered by the attached Water Quality General Certification Number
4135 and the conditions listed below. This certification is associated with the use of
Nationwide Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers.
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 approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B
- - .0267(11)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/Nveb/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 7914200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159
Bolin Creek Greenway -Phase III
DWR #96-0276 v5
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1 -Low Flow Channel Relocation
57 (linear feet)
0 (linear feet)
S2 -Low Flow Channel Relocation
0 (linear feet)
19 (linear feet)
Buffers -Zone 1
B1 -Grading -Weir Construction
0 (square feet)
970 (square feet)
132 -Greenway Trail
1,721 (square feet)
0 (square feet)
B3 -Construction Corridor
0 (square feet)
2,419 (square feet)
Buffers Zone 2
B2 -Greenway Trail
1,289 (square feet)
0 (square feet)
B3 -Construction Corridor
0 (square feet)
3,502 (square feet)
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)]
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]
4. 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, wetlandor water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
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 Certification and
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 General Certification
and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
Bolin Creek Greenway -Phase III
DWR #96-0276 v5
401 AND BUFFER APPROVAL
Page 3 of 4
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Certification and 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 sixty (60) 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:OOam and S:OOpm, 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 by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DWR-401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR-401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604
Bolin Creek Greenway -Phase III
DWR #96-0276 v5
401 AND BUFFER APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act and
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
stephanie.goss@ncdenr.gov if you ave any questions or concerns.
Si ce ly,
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC4135
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR FRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Deborah Shirley via e-mail at dshirley@sandec.com