20190078 Ver 1_Approval Letter_20190417

R®Y COOPER
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MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
April 117, 2019
NORTH CAROLINA
Environmental Quality
DWR # 19-0078
Orange County
Town of Chapel Hill
Attn: Chris Roberts
6850 Millhouse Road
i
Chapel Hill, NC 27516
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 11
Elliot Storage Design
Dear Mr. Roberts:
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 January 14, 2019 with
payment received on January 17, 2019 with.additional information received on March 28 and
April 16, 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.
i
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.a're met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15'A NCAC
02B .0267(11)1
1 Nurtta tar'crtina 1.)rparitvient of %.nvir'or'tmw::tx i (?ua?ity I Division of 4'4zttCi' RCSCUr°.:eS
./
Raleigh Regiotial Oft'icc: 3800 Barrett Drive I Raleigh. NC7rtl� Carolina 11609
;ugaat•.rFtr:,ioz i c<N,K+irt.,+war� 919,791.4200

Elliot Storage Design
DWR #19-0078
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
Mitigation Required
W1: Fill
0.01 (acres)
0 (acres)
W2: Excavation
0.03 (acres)
0 (acres)
W3: Excavation
0.01 (acres)
0 (acres)
W4: Excavation
0.03 (acres)
0 (acres)
Stream
S1: Temporary Stream Crossing
0 (linear feet)
9 (linear feet)
S2: Temporary Stream Crossing
0 (linear feet)
18 (linear feet)
Buffers -Zone 1
B1: Floodplain Grading
0 (square feet)
44,735 (square feet)
132: Greenway
1,932 (square feet)
0 (square feet)
133: Retaining Wall
250 (square feet)
0 (square feet)
B4: Stormwater Control
1,344 (square feet)
0 (square feet)
Buffers Zone 2
B1: Floodplain Grading
0 (square feet)
25,075 (square feet)
B2: Greenway
1,281 (square feet)
0 (square feet)
134: Stormwater Control
4,107 (square feet)
0 (square feet)
2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the Town of Chapel Hill and
meet the requirements of this Certification. The SMP may not be modified without prior
written authorization from the Town of Chapel Hill. [15A NCAC 02H .0506(b)(3)]
Compensatory Mitigation Using a Private Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the DMS to meet this mitigation
requirement. Until the DMS receives and clears your payment, and proof of payment has
been provided to this Office, no impacts specified in this Authorization Certificate shall
occur. For accounting purposes, this Authorization Certificate authorizes payment to the
DMS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506
(b)(6)]:
Compensatory
Bank Sponsor
River & Sub -basin
Mitigation Required
Number
Buffer -Zone 1
4,032 (square feet)
NC DMS
03030002 Jordan:
Upper New Hope

Elliot Storage Design
DWR #19-0078
401 AND BUFFER APPROVAL
Page 3 of 5
4.. Th'e'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 02-B .,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'ofthe
circumstances. 'A written submission shall also be provided within'S business days: of the
tirrie.the appI`a 't beco,"mes awvare-of the circumstances. The written submission shall
contain a description of the noncompliance; and its causes; th'e pe'riod,of noncompliance,
including exact 6tes and times, if the noncompliance, has not been corrected, the
anticipated time;co"mpliance is,expe'cted to'continue; 'a'n,d 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.
5. No Waste, Spoil, Solids, or Fill of Any Kind
Noiwaste, 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]
6. 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
inf+inge 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)]
7.. 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
Buffe"r 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)]
8. 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 150B by filing a'written petition.for an administrative hearing to -the Office of

Elliot Storage Design
DWR #19-0078
401 AND BUFFER APPROVAL
Page 4 of 5
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 [phone] 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 [phone], 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, INC 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

Elliot Storage Design
DWR #19-0078
401 AND BUFFER APPROVAL
Page 5 of 5
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
[e-mail] if you have any questions or concerns.
Sincerely,
Rick Bolich, LG
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
Tom Murray via e-mail at [e-mail]