HomeMy WebLinkAbout20181707 Ver 1_Approval Letter_20190207ROY COOPER
Governor
MICHAELS.REGAN
Secretary
LINDA CULPEPPER
Director
February 7, 2019
NORTH CAROLINA
Environmental Quality
D W R # 18-1707
Orange County
State of North Carolina
Attn:Jonathan Pruitt
The University of North Carolina at Chapel Hill
200 East Cameron Avenue, CB 1000
Chapel Hill, NC 27599-1000
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
UNC Outdoor Education Center
Dear Mr. Pruitt:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) on December 13, 2018 with payment received on
December 14, 2018 with additional information received on February 1, 2019. These impacts are
covered by the attached Water Quality General Certification Number 4134 and the conditions listed
below. This certification is associated with the use of Nationwide Permit Number 27 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)]
DNorth Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
we.•.++uM...�+orr 919.791.4200
UNC Outdoor Education Center
DWR #18-1707
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetlands
W1: Stabilize slopes
0.030 (acres)
0 (acres)
W2: Grading
0 (acres)
0.110 (acres)
Stream
S1: Culvert
8 (linear feet)
0 (linear feet)
S2: Flooding -Wetland
26 (linear feet)
0 (linear feet)
S3: Restoration
0 (linear feet)
24 (linear feet)
S4: Restoration
0 (linear feet)
60 (linear feet)
Open Waters
01: Conversion to Wetland
0.33 (acres)
0 (acres)
02: Stabilize Slopes -Fill
0.05 (acres)
0 (acres)
Buffers -Zone 1
132: Viewing Platform
99 (square feet)
0 (square feet)
133: Wetland Restoration
12,734 (square feet)
0 (square feet)
64: Stream Restoration
1,153 (square feet)
0 (square feet)
66: Temporary Roads/Erosion Control
0 (square feet)
6,496 (square feet)
Buffers Zone 2
131: Golf Tee
46 (square feet)
0 (square feet)
63: Wetland Restoration
2,932 (square feet)
0 (square feet)
135: Grading & Revegetation
4,535 (square feet)
0 (square feet)
136: Temporary Roads/Erosion Control
0 (square feet)
5,212 (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)]
The permittee shall report to the Raleigh Regional Office any noncompliance with this certification,
any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC
02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the applicant became aware of the circumstances. A written
submission shall also be provided within 5 business days of the time the applicant becomes aware of
the circumstances. The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may
waive the written submission requirement on a case-by-case basis.
UNC Outdoor Education Center
DWR #18-1707
401 AND BUFFER APPROVAL
Page 3 of 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. 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]
5. Protective Fend
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,
wetland or 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)]
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)]
7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of General
Statute 1508 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 8:00am 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 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
UNC Outdoor Education Center
DWR #18-1707
401 AND BUFFER APPROVAL
Page 4 of 4
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR-401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
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 s_tephanie.Ross@ncdenr.Rov if you have
any questions or concerns.
Sincerely,
I4kB o (Iri c kLG
Assistant Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4134
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive,
Ste. 105; Wake Forest, NC 27597
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Sharon Myers via e-mail at samyers@ehs.unc.edu