HomeMy WebLinkAbout20190274 Ver 1_Buffer Approval_20190523Homewood, Sue
From: Carolyn Buckner <cbuckner@burlingtonnc.gov>
Sent: Thursday, May 23, 2019 4:23 PM
To: jldeboer@yahoo.com
Cc: sudspa@gmail.com; adam@wetlandnc.com; Homewood, Sue; David.E.Bailey2
@usace.army.mil; Josh Johnson; Brandon Holt; Bob Patterson
Subject: [External] Eastbrook Apartments Phase 2 - Riparian Buffer Authorization Certificate
Attachments: Buffer Authorization Burlington - Eastbrook.pdf
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
report.spam@nc.gov III
Jason,
I've attached the buffer authorization for Eastbrook Apartments Phase 2. Per our discussion yesterday, Josh redlined
and marked up the application and exhibits to match actual impacts and approved the application with the requirement
for approximately 3,000 sf of mitigation (at a 3:1 ratio).
Here is a link to the stormwater permit application for Jesse or you to fill
out. https://www.burlingtonnc.gov/DocumentCenter/View/7198/Stormwater-Permit-Application-2014?bidId=
Because of the pre -2007 development on site, it will be considered low density. Please feel free to reach out with any
questions. Thank you,
Carolyn
Carolyn M. Buckner, P.E.
Environmental Specialist
BC ky or
URLINGTON
Vater ResAtUPE .s
Stormwater Division
1 302 Belmont Street
Burlington, NC 27216
(3 36) 222-5091
Please note that any and all correspondence to or from this email address is subject to North Carolina Public
Record Laws and may be disclosed to third parties.
City of Burlington Stormwater Division
1302 Belmont St.
Burlington, NC 27215
fJ (336) 222-5091
Jordan Lake Project # 2019 -
Subject Property: Eastbrook Apartment Complex
EastBrook Apartments, LLC
Morningside Drive, PIN 148118
Burlington, NC
AUTHORIZATION of Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules (15A NCAC 211
.0267) Authorization Certificate
Dear Mr. Jason DeBour:
You have our authorization, in accordance with 15A NCAC 02B .02 and the City of Burlington's Jordan Lake Riparian
Buffer Protection Ordinance and any conditions listed below, to impact approximately 1,000 ft2 of Zone 1 and 7,900 ft2 of
Zone 2 of the protected riparian buffers, for the purpose of constructing the subject property as described within your
application dated February 22, 2019, received by the City of Burlington. In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non -discharge regulations.
This authorization certification is for the purpose and design that you described in your application. As discussed on May
22, 2019, we have redlined your application and the proposed mitigation exceeds the final impacts and the final plans. The
revised plan and the attached documents are to be binding unless you notify the City of Burlington prior to May 28, 2019.
If you change your project in excess of the impacts shown, you must notify the City and you may be required to submit a
new application. If the property is sold, the new owner must be given a copy of this authorization letter and is thereby
responsible for complying with all conditions. This authorization requires you to follow the conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of this
Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts:
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect surface
waters standards:
Storm Water Division Website I www.BurlingtonNC.gov/Stormwater
Amount Approved nits
Plan Location or Reference
Zone 1 Buffers
1,000 (square ft.)
Revised Application and
Exhibit Drawings Attached
Zone 2 Buffers
7,900 (square ft.)
Revised Application and
Exhibit Drawings Attached
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect surface
waters standards:
Storm Water Division Website I www.BurlingtonNC.gov/Stormwater
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
3. 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.
4. No Sediment & Erosion Control Measures within Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, design and
placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. All sediment and erosion control devices shall be removed and the natural grade restored within two
(2) months of the date that the Division of Land Resources or locally delegated program has released the project.
5. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through
the protected stream buffers and will not re -concentrate before discharging into the stream as identified within
15A NCAC 2B.0267(8).
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 infringe within the buffer, wetland or water prior to any land
disturbing activities to ensure compliance with 15A NCAC 2B .0267.
7. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent modifications, the applicant
is required to return the attached certificate of completion to the City of Burlington, Planning Department.
8. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and
protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms
Storm Water Division Website I www.BurlingtonNC.gov/Stormwater
shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at:
http://portal.ncdenr.ora/web/wq/swp/ws/401/riparianbuffers. The text of the sample deed notification may be
modified as appropriate to suit to this project. This information shall be included on the final plat of the water
quality basin and shall include the maintenance and access easement.
Any disputes over determinations regarding this Authorization (associated with the approved buffer impacts) shall be
referred in writing to the City of Burlington within thirty (30) days of receipt of this notice for a decision.
You can contest the City of Burlington's decision as provided in the City's Jordan Lake Riparian Buffer Protection
Ordinance.
This Authorization shall expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 213 .0267 and the
Jordan Lake Riparian Buffer Protection Ordinance. If you have any questions or would like a copy of the buffer rules,
please call Josh Johnson, P.E. at (336) 226-5534. This letter does not authorize any impacts to either Waters of the United
States or Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality
(DWQ) if any impacts are proposed to either of these waters.
Sincerely,
Josh Johnson, P.E.
Enclosures: Certificate of Completion
cc: Bob Patterson, Water Resources Director
Brandon Holt, P.E. — Burlington Erosion Control
Carolyn Buckner, P.E. — Burlington Stormwater
Adam Carter, Wetland Solutions, LLC
Sue Homewood, NC DWR
File Copy
Filename: 2019 -
Storm Water Division Website I www.BurlingtonNC.gov/Stormwater
"► -E C TEMPORARY DIVERSION DITCH
TORY BRICK 6 6 & SEDIMENT FENCE TO TDP SLOPE DIVERSION (TYP.}
SQ. FT. FOOTPRINT I f SB -2. ESTABLISH GROUND TO SLOPE DRAIN E SSMH
1 ` _ COVER WITHIN 7 DAYS MAINTAIN AS FILL SLOPE RISES 6 RIM 545.27
ITS 40 1 DISTURBED TO FINISHED GRADE INV. OUT - 535.37
� � \ �
LIMITS TEMP. SLOPE H SKIMMER BASIN F
l V ' , J 2.10 ACRES _ RAIN TO SB -1 6 )
-0 - SEDIMENT BASIN
6
r J�V 1 ` t CSJDE SURFACE EL. 544
RIVE, BOTTOM EL. 543 + U7 I
1
I
1-7- TWO R BRICK
514 T. D'bTPRINT I w I I
J I 1�-ILII CLOTH & GRAVEL y
! r INLET PROTECTIONS
5
SITE AREA
DESCRIPTION
STABILIZATION
TIME
FRAM E
STABILIZATION TIME
FRAME EXCEPTIONS
• Perimeter dikes,
Final Surfoce M del:
WEG-TIN-PRO
swales, ditches
7 Days
None
and slopes
Raw Cut Volume:
3223.69 cu yd
• High Quality
0.00 cu yd
Tataf Cut Volume:
Water (HQW)
7 Days
None
Zones
702.67 cu yd
Totof Fill Volume:
• Slopes Steeper
If Slopes Are 10' Or Less In
Than 3:1
7 Days
Length And Are Not Steeper
W°"
�
Than 2:1, 14 Days Are Allowed
• Slopes 3:1 or
Flatter
14 Days
7 -Days For Slopes Greater
ad
cc
Than 50 -Feet In Length
• All Other Areas
With Slopes
14 Days
None (Except For Perimeters
Flatter Than 4:1
�
And HQW Zones)
* "Extensions of time may be approved by the permitting authority
based on weather or other site-specific conditions that make
compliance impracticable." (Section II.B(2)(b)} EC Manual
(TYPICAL ALL STORM 1 eaCKj' cr) it
SEDIMENT FENCE H GROUND STABILIZATION A
- - W DRAINS} ,� - - -._.......f : _ 1 STONE OUTLET REQUIREMENTS -
J I i SEDIMENT FENCE E
f f '�� ~ - �`� _ � � � � � � � 7 � � � � �• . � ` • � • � � � � � � %; �--! i I SMALL AREA 6
4~'`� _ ~ r'- --� - DRAINAGE AREA TO FENCE
I 1 S�oRM rMH P -� I ��.. - 1 x I - _ IS LESS THAN 0.10 ACRES
J
IN RIM: 552.!23 ~ ' ' - ti - -� � ISL _ 4s� -7 r: !6- - 1 U- 0
J r _ I
1 J 1 OUT 544 73. 1 J - _ ` �. - ~ .•� ► +sir ►-i t► c � r :L) mf
3s
PARKI +•. j ► ►�► ; ��., . ❑ J - , - I + I J
°ryP- J I r _ �:: ► , ► ►� - _ r. + ORAL._ QLI�C _& EROSION CONTROL NOTES
°"A� 1 1 ~ . 1 I f _ �' : \ f �`-+� - ► L� `'► ► ► _ I -n l _ U) f _ I i ' J 1. THE CONTRACTOR SHALL TAKE ALL REASONABLE PRECAUTIONS TO AVOID THE SILTING OF STREAMS,
a r-� �"�� r� m J z r i + I LAKES OR OTHER WATER COURSES DUE TO THE CONSTRUCTION OF THIS PROJECT.
39 PARKI °"A-4-- okp� 1 J W- r t ti x ' ` - - A - l X} • `� - "� - ' t .= op f 1 2. EFFECTIVE EROSION CONTROL MEASURES SHALL BE INITIATED PRIOR TO THE COMMENCEMENT OF
SIA C l::-. - T Z ' I -r
o P L GRADNG 1h[�THIN 10 .• _ �,.�, J jC7;� ++ ❑ GEARING, GRADING, EXCAVATION, OR OTHER OPERATIONS THAT WILL DISTURB THE NATURAL
ES -. ' �.. �- - - �D} - - - - - i - J• I I PROTECTION.
f orrP� �r O� TOW R BASE MUST.
-r , ; ; - 1 • _ I
o"p BE HAND GRADED `- f "� �"�� - - - - - - - - - iJ to 3. THE EROSION CONTROL DETAILS SHOWN HEREIN ARE FOR THE CONTRACTORS REFERENCE. THE
wrp� °v�R " \� DETERMINATION OF WHICH DETAIL IS APPLICABLE AS THE WORK PROGRESSES SHALL BE AS SHOWN ON
� o j �r-, _ - - �• f THE PLANS OR MADE BY THE ENGINEER.
+ 11 J WETLAND MITIGATION AREA b"'�` P� / J r -- �' - 1 _ J 2d QDf1' + + 4. ALL DITCHES SHALL BE STABILIZED AS SOON AS IS PRACTICABLE TO MINIMIZE EROSION. EXCELSIOR
a _ ,` -• s y I MATTING SHALL BE PLACED IN DITCHES AND OTHER AREAS THAT EXHIBIT MULCH DISPLACEMENT FROM
9fl3.53 SF 0.23 AC. HPC Gj \ h� i _ J r VELOCITY SCOUR.
.`..._.-. w..�w ; i A y 5. THE ANGLE FOR GRADED SLOPES AND FILLS SHALL BE NO GREATER THAN THE ANGLE THAT CAN
RI DRM J { SRP / � • � l' ti-. �. - - � - � - J 1 S Z BE RETAINED BY VEGETATIVE COVER OR OTHER ADEQUATE EROSION -CONTROL DEVICES OR
f r { 1 '� . y �. _ - _ ? + STRUCTURES. IN ANY EVENT, SLOPES LEFT EXPOSED WILL WITHIN 14 CALENDAR DAYS OF
_ �, I� OU 2' J f J ° S• r I COMPLETION OF ANY PHASE OF GRADING BE PLANTED OR OTHERWISE PROVIDED WITH TEMPORARY OR
�� - 47, ' f i ° °Mp t �/ ` -� �� - J PERMANENT GROUND COVER, DEVICES, OR STRUCTURES SUFFICIENT TO RESTRAIN EROSION.
WL
�`� \ - 54 I A EMP. CONSTRUCTION t 4j g P / \ i I - 6. PROVISIONS FOR PERMANENT GROUND COVER SUFFICIENT TO RESTRAIN EROSION MUST BE
\`� ■ _ J f'. SSMH I _
r 6 NIRA CE c" RIM 544.44 + f - - ACCOMPLISHED FOR ALL DISTURBED AREAS WITHIN 14 WORKING DAYS OR 90 CALENDAR DAYS
I • \ u7 1 1 (WHICHEVER IS SHORTER) FOLLOWING COMPLETIONS OF CONSTRUCTION OR DEVELOPMENT.
X15TI� o �y j 3 INV. OUT 537.44 7. GROUNDCOVER MUST BE PROVIDED WITHIN 14 DAYS OF COMPLETION OF ANY PHASE OF GRADING.
RANsMIISSID 1 y J J f 8. THE CONTRACTOR SHALL MAINTAIN ALL EROSION CONTROL DEVICES IN A GOOD, WORKING STATE OF
I s I� I ' ` •r._ _ ` - - J .. •. , REPAIR UNTIL THEIR USE IS NO LONGER WARRANTED. AT THAT TIME, THE EROSION CONTROL DEVICES
SHALL BE REMOVED AND DISPOSED OF SO AS TO CAUSE NO STREAM SILTATION.
\ 1 1 �.� • _ 5 'A 9. WHERE CULVERT PIPES ARE TO BE INSTALLED UNDER ROADWAY, THE CONTRACTOR SHALL INSTALL
1 _ - ��• • �� !---- L_ THE CULVERTS AS RAPIDLY AS IS PRACTICAL, BACK FILL IMMEDIATELY AND RIP RAP THE UPSTREAM
f \ j AND DOWNSTREAM SIDES OF THE STREAM CHANNEL. PERMANENT OUTLET PROTECTION SHALL SE
¢ ='i `� p PROVIDED AT ANY CULVERT THAT IT PASSES UNDER OR OVER IF THE CULVERT AREA IS DISTURBED.
J S 10. ALL DISTURBED ROAD DITCHES OVER 33e WILL BE: LINED WITH HIGH VELOCITY EXCELSIOR MATTING
+ ; \ -��. I `S Waft�� �;�� s 1 �� 1 AND PERMANENT SEEDING UNLESS OTHERWISE NOTED.
t fl / /1 �5 `° f 11. SEE EROSION CONTROL DETAIL SHEET FOR TEMPORARY SEDIMENT TRAP SIZING AND CULVERT
► J j# ` r Cp.. r-3 OUTLET STABILIZATION.
12. ALL TEMPORARY DIVERSION DITCHES SHALL HAVE GROUND COVER ESTABLISHED WITHIN SEVEN (7)
Cq❑_ 5 •4 4 ' \ - � - - - kP DAYS OF BEING CONSTRUCTED PER NCGO1SECTION IIB (2).
❑ 6 c,A y�C, I ~ 13. ALL CLEAN WATER DIVERSIONS SHALL BE IMMEDIATELY LINED WITH EXCELSIOR MATTING AND
- -'R �' �' J yg 3� / �' �:� } } IMMEDIATELY SEEDED TO ESTABLISH GROUNDCDVER.
IN 7
SID / EXCELSIOR MATTING B
554_33
v� 1 ON (TYPICAL)
SLOPES fi
'OUBL ROW SEDIM T _ _ 1 l 1,= IJ I _./ ��'.o ` ,� 1 1 TEMPORARY DIVERSION DITCH FENCE ALONG 30 ._ . . ' ; {- ''.��iJ J Ji ! t '� `� l TO SB -1. ESTABLISH GROUND 6
STREAM BANK BUFF R - - 1: z _ - cn If f f x �f f `'� H TEMP. SLOPE , COVER WITHIN 7 DAYS
. . . . 4 �� cn.F II d LJ �F'y 6 DRAIN TO SB -1 l ,\
I - - - - - - ►- •' - z ► ?x t J >,� SEDIMENT BASIN NOTES
I l ❑ 1 = ; 1 1 1. SEDIMENT I : TO REMAIN IN PLACE AND CONVERTED TO A
- g,� .�. � ..� , w.; ; In � { f � 1 � � o a �� `BASIN 1
C/) ❑ o L` �' '1 ' 1 r i �' J5 1 1 PREFORMED SCOUR HOLE ONLY AFTER ALL DISTURBED DRAINAGE
1 ! g o - u- ` 1' T i i �► i� 11 1. 1 1 AREAS ARE STABILIZED: RESULTING DISCHARGE BERM SHALL BE
w w - ❑ >t, i j i�' J ► ► LEVEL AND THE ENTIRE SCOUR HOLE SHALL BE CONSTRUCTED AS
�. , . _ M. CIO ��z n I # �g 1 i►►�1 l 1 1 ,' SHOWN iN THE PREFORMED SCOUR HOLE DETAIL (E ON SHEET 4).
{ cry LLI `v n o I �+ i I " i ' ► ► ' 1 1 y 1 C� 1 2. TEMPORARY I N A N : TO BE CONSTRUCTED DURING
� 1 � � � 1.� " � w i � J ► ► ► ► ► . 1SEDIMENT 7 B sl , 3
O - -� �- D L[ a3_I� J ► ► ► , ►\1 1 1 CLEARING AND GRUBBING OPERATIONS. SEDIMENT BASIN 3 TO
_w - "' "� ►` x I I ! j r r 1 �; ► ►►', �' 1 1 1 1 1 REMAIN IN PLACE UNTIL ALL CONTIBUTING DISTURBED DRAINAGE
{ r� - / �I (5 ❑ -- .. - w I ' ► i i i i� l I AREAS ARE STABILIZED. SEE BUILDING PAD � „$@�3 _CQNSTRUCTION
{ E PREFORMED ......-_ _. - - - 3 o v . ► ► ► {
i . 1 {� 1 I j z � Z o I / ■ �� 1 SEQUENCE NOTES BELOW. CONSTRUCTION SEQUENCE THE ENTIRE
m - - -_ - --� z i fa o +� Q '� ' ■'� "' TEMPORARY BASIN IS LOCATED WITHIN THE BUILDING'S STRUCTURAL
5.. SCOUR HOLE x 'J ❑ Jf j�- o ❑ cry : f +► ► 1
- " - - - - - - - - ( f [� i " ! 1 I \ pa ■�� ► FILL ZONE.
/ 1 I a 1 w� �v ■ 4 ■i tP
�� l m.m65�� I a`c `� ' •1 �+'' ��r�� 1 ~{ 11 tP
_-
;` ► ► ► - - = - - - - �� SEDIMENT BASIN F PREFORMED SCOUR E
- - ` ;' ►�`++�► `- + ► { WITH BAFFLES 5 HOLE DETAIL
► as ► SEDIMENT BASIN 1
�, • .�- � �° -; �,r-_.� J / � + � �� I � ► + 1 � 1(SEE SEDIMENT BASI
SURFACE EL. 544 NOTES THIS SHEET}.
��,���� 55q-67 o •� ► ► �_rJ i I BOTTOM EL. 541
1 " (SEE SEDIMENT BASIN
NOTES THIS T SHEE
� - � \ / µr � Ate. ,.-.... •••..., �% -••. .•r-, � \ � � lL F 1 - � �� � , �. I ) •
�� �, \o.� ` BUILDING PAD SB -3 CONSTRUCTION SEQUENCE
y 6D- s 1 ; ,A \ ` THE PERIMETER FILL SLOPES OF THE BUILDING PAD SHALL BE
5 �\ <\ 1 1 _ , 1 `t<y j �� CONSTRUCTED PRIOR TO THE BUILDING PAD, AND PRIOR TO REMOVING
�e \ Ja SB -3 TO FORM A BERM.
o "- �. _ \ ' , ►� 11 G ` THE BUILDING PAD FILL AREA SHALL BE FILLED AND COMPACTED FROM
THE PERIMETER BERM INWARD TOWARDS SB 3.
°, 1,e l\� \ ry \92� AS FILL AREAS INSIDE THE PERIMETER BERM RISE (ABOVE ELEVATION
4
�`�-�-�` z_ - Ir �� '� 1 1 + \ 1 j� \ \�� 552), THE STORM WATER RUN-OFF (FLOWING BACK TOWARD SB -3)
�� _ �. / % / / / r
SET
@ACK 1 •� 55,E �o ; r 1 L - \ �� , SHALL BE DIVERTED TO THE NORTH AND SOUTH ENDS OF SB -3 AS
.- . . l� ��: �~ \�G SHOWN.
.� .
DISTURBED LIMITS
2.10 ACRES J I
I,
1
Prismoidoi Volume Results
a' ginal Surface Wodel:
WEG-TIN-OG-2
Final Surfoce M del:
WEG-TIN-PRO
Cut Compaction Factor
O.00 %
rill Compacti, n Factor.
15.00 %
Raw Cut Volume:
3223.69 cu yd
Compacted Gut Volume:
0.00 cu yd
Tataf Cut Volume:
3223.69 cu yd
Raw Fill Volume:
4684.46 cu yd
Compacted Fill Volume:
702.67 cu yd
Totof Fill Volume:
5387.12 cu yd
20 0 20 40 64
Scale 1" = 20' Each Black Measures 20'
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TO SLOPE I DRAIN 0007
TEMPORARY CLEAN WATER 'TO `fdNISHED GRADE
DIVERSION DITCH5
ESTABLISH GROUND COVER
WITHIN 7 DAYS TEMPORARY CLEAN WATER C 1
)o
EXCELSIOR MATTING LINED DITCH B EXCELSIOR B DIVERSION DITCH 5 1 TEMPORARY DIVERSION DITCH C E
AS SHOWN 6 MATTING ON 6 ESTABLISH GROUND COVER Il & SEDIMENT FENCE (AS SHOWN) fi fi
OFFSITE DRAINAGE AREA TO 2:1 CUT SLOPE WITHIN 7 DAYS •\/
DIVERSION = 1.12 AC. EXCELSIOR MATTING LINED DITCH B s TO 5B-1. ESTABLISH GROUND
COVER WITHIN 7 PAYS •�
AS SHOWN 6 •\
OFFSITE DRAINAGE AREA TO EXCELSIOR MATTING LINED DITCH B
DIVERSION = 1.10 AC. AS SHOWN 6
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PROJECT NUMBER
DESIGNED BY
JWW
DRAWN BY
JWW
CHECKED BY
JWW
SCALE
AS NOTED
DATE;
10 -o1 -1a
3 QF 7
City of
URLINGTON
-Water ResAurces
Riparian Buffer Authorization Application
Stormwater Division
1302 Belmont Street
PO Box 1358
Burlington, NC 27216
(336) 222-5091
A.
Applicant Information
1.
1 a.
1 b.
Project Information
Name of project:
County:
Eastbrook Apartment Complex
Alamance
1c.
Nearest municipality:
Burlington
1d.
Subdivision name:
Eastbrook Apartment Complex
2.
Owner Information
2a.
Name on Recorded Deed:
EastBrook Apartments, LLC
2b.
Deed Book and Page No.
3431/0431
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):
DeBour &Gabriel Builders
2e.
Street address:
2304 Church Dr
2f.
City, state, zip:
Burlington, NC 27215
2g.
Telephone no.:
336 516-5048
2h.
Fax no.:
2i.
Email address-
jldeBoer@yaho.com
3.
Applicant Information (if different
from owner)
3a.
Applicant is:
® Agent ❑ Other, specify:
3b.
Name:
Adam Carter
3c.
Business name
(if applicable):
Wetland Solutions, LLC
816 Merry Street
Dunn, NC 28334
(910)890 2779
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g.
Fax no.:
3h.
Email address:
Adam@wetlandnc.com
J�Su
11Page
INTERNAL DRAFT- NOT FOR PUBLIC USE
Section A. Applicant Information, continued
FORM: SSGP3080 8-13 Page 2 of 7
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID): 148118
1 b.
Site coordinates (in decimal degrees): Latitude: 36.103411 Longitude: -79.402599
1 c.
Property size: Acres: 6.
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
UT to Service Creek
2b.
Water Quality Classification of nearest receiving WS-V;NSW
water:
2c.
River basin: Upper 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:
The existing conditions on site consist of open field and mature native forest within an active and growing
residential development. Residential development surrounds 360 degrees of the project area.
3d.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
438 linear ft
3e.
Explain the purpose of the proposed project:
To
construct stormwater and Apt Complex of parcel
3f.
Describe the overall project in detail, including the type of equipment to be used:
The project will consist of building a temporary stormwater retention basin and then grading and building a apt
building. Equipment being utilized will be backhoe, track hoe, motor grader and skid steer.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the ® Yes ❑ No ❑ Unknown
Corps, State or City been requested or obtained for this Comments:
property/ project (including all prior phases) in the past?
4b.
If yes, who delineated the jurisdictional areas? Agency/ Consultant Company:
Name (if known): Adam Carter Wetland Solutions, LLC
4c.
If yes, list the dates of the Corps jurisdictional determinations or State/City determinations and attach
documentation. Under Review by Corps Rep David Bailey
5.
Project History
5a.
Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b.
If yes, explain and detail.
31 Page
B. Project Information and Prior Project History
6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
FORM: SSGP3080 8-13 Page 4 of 7
C. Proposed Impacts Inventory
1. Buffer Impacts
1a. 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 Zone 1
Zone 2
number— impact
(exempt, allowable,
mitigation impact
impact
Permanent(P)allowable
wi
required? (sq ft)
(sq ft)
or Temporary
(T) _
131 ❑ P ® T Grade for
allowable
UT
❑ Yes 0 No
'?3
Stormwater and
APT Building
B2 IR P ❑ T 'A
urP%5tL L
YYes ❑ No
Crop
B3-P T
❑ Yes Drko
B4 ❑ P ❑ T
❑ Yes ❑ No
B5 ❑ P ❑ T
❑ Yes ❑ No
B6 ❑ P ❑ T
❑ Yes ❑ No
gap
Total buffer impacts
1351—a-
1b. Comments: tL.iCpt,NC� '-Pl1Ztz
Sb�� .E. 'G-C%r- BEV�W
Y3. t
3Q-01- sc
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
We have altered the layout of the apt building to not impact the stream. We have minimized the impacts to the
wetlands to just zone 2 of the stream buffer. Measures have been taken to move the temporary retention pond out
of the wetlands to further lesson the wetland impact.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction
techniques.
We will utilize silt fence, Wattles, clean gravel/rip-rap, to help slow down surface water so that no sediment or silt
will be transported off site during the time of construction. We will maintain BMPs throughout the construction
cycle and beyond by maintaining an inspection regiment after each rain fall event.
5 1 P a g e
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
® Yes ❑ No
mitigation?
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 Multiplier Required mitigation
s uare feet (square feet
Zone 1 3.0
Zone 2 1.5
Total buffer mitigation required:
2c. If buffer mitigation is required is payment to a
❑ Yes ❑ No
mitigation bank or NC EEP proposed?
_
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:
We are recommending onsite remediation of the zone 2 buffer by revegetating with local native vegetation once
onsite grading is complete.
FORM: SSGP3080 8-13 Page 6 of 7
E. Diffuse Flow Plan
All buffer impacts and high ground impacts require diffuse flow or other form of
stormwater treatment. Include a plan that fully documents how diffuse flow will be
maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form.
If due to site constraints, a BMP other than a level spreader is proposed, please provide a
plan for stormwater treatment as outlined in Chapter 8 of the NC Storwwater BUIP
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 the use
of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State (North
Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document been finalized by the State
Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.)
Comments:
2. Violations
® Diffuse flow
D4 Other BMP
SGevl(Z u U.
❑ Yes
® No
❑ Yes
® No
® No
❑ Yes
2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland ❑ Yes ® No
Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian
Buffer Rules (15A NCAC 02B .0200) or any City Ordinance?
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):
Samuel Adam Carter
Applicant/Agent's Printed Name 2 22 201 9
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided) —
Submit this completed form with all items in the checklist to: City of Burlington — Stormwater Division
1302 Belmont Street
Burlington, NC 27216
Attn: Carolyn Buckner/Amy Cameron
Submittal Checklist:
2Maps of site location indicating project boundaries using USGS 1:24,000 topo map and NRCS county soil survey
213uffer Impact Exhibit(s)
Questions? Please contact the Stormwater Division at 336-222-5091
71 Page
ROY COOPER
Governor
MICHAEL S. REGAN
Se—etary
TIM BAUMGARTNER
DUlecmr
Jason DeBoer
DeBoer and Gabriel Builders
2304 Church Drive
Burlington, NC 27215
NORTH CAROLINA
Environmental QoaW
April 8, 2019
Expiration of Acceptance: 10/8/2019
Project: Eastbrooke Apartment Complex County: Alamance
This letter revises and replaces one issued February 20, 2019.
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin Impact Location Impact Type Impact Quantity
(8 -digit NUC)
Cape Fear 03030002
Cape Fear
03030002
Riparian Wetland
Zone 2
Cape Fear 03030002 I Non -Riparian Wetland*
0.48
3,358
0.07
*DMS does not have non -riparian wetland credit available in this service area. In accordance with the
directive from the February 8, 2011 IRT meeting, non -riparian wetland impacts located in the mountains and
piedmont areas of North Carolina can be accepted as requested, but mitigated utilizing riparian wetland
mitigation credits. Upon receipt of payment, DMS will take responsibility for providing the compensatory
mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated
July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee
mitigation program. If you have any questions or need additional information, please contact Kelly Williams
at (919) 707-8915.
cc: Adam Carter, agent"'
Sincerely,
Ja es. Stanfill
Ass management Supervisor
DEQQ
North Carolina Department of Envimnnrntal (�itality I Division of Mitlgadon Services
217 W.Jones Strzet 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976
DocuSign Envelope ID: 55D4D585-9AF0-43BE-805C-16ED1A97D2FF
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Eastbrook Apartments LLC
Attn: Jason DeBoer
2304 Churchill Dr
Burlington NC 27215
NORTH CAROLINA
Environmental Quality
May 21, 2019
DWR # 20190274
Alamance County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Eastbrook Apartments
Dear Mr. DeBoer:
You have our approval for the impacts listed below for the purpose described in your application dated
February 22, 2019, received by the Division of Water Resources (Division) February 28, 2019, and with
subsequent information on April 11, 2019 and May 7, 2019. These impacts are covered by the attached
Water Quality General Certification Number 4139 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Number 29 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(s) or general
permit 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 are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
Site W1
0.24 (acres)
0 (acres)
Site W2
0.07 (acres)
0 (acres)
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
-a_ - "-'-- 336-776-9800
DocuSign Envelope ID: 55D4D585-9AF0-43BE-805C-16ED1A97D2FF
Eastbrook Apartments LLC
DWR# 20190274
401APPROVAL
Page 2 of 3
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. 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(s)/Permit/Authorization and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
The proposed project must comply with the City of Mebane's local water supply ordinance
approved by the N.C. Environmental Management Commission (EMC) as required under the
Jordan Lake Water Supply Watershed: Protection and Maintenance of Riparian Areas (Jordan
Buffer Rule) 15A NCAC 02B.0267.
4. The permittee shall report to the Winston Salem 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.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in General Statute 150B by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
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. 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 via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
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
DocuSign Envelope ID: 55D4D585-9AF0-43BE-805C-16ED1A97D2FF
Eastbrook Apartments LLC
DWR# 20190274
401APPROVAL
Page 3of3
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
This letter completes the review of the Division under section 401 of the Clean Water Act. Please
contact Sue Homewood at 336-776-9693 or sue.homewood@ncdenr.gov if you have any questions or
concerns.
Sincerely,
DocuSigned by:
Jam, T. Jn,lAr
145B49E225C94EA...
Lon T. Snider
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4139
cc: Adam Carter, Wetland Solutions LLC (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Olivia Munzer, NCWRC (via email)
Josh Johnson, AWCK for City of Mebane (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file
Burlington Project No.:
Applicant:
City of Burlington Stormwater Division
1103 Mebane St. PO 1358
Burlington, NC 27612
(336)222-5140
Project Name:
Date of Issuance of Buffer Authorization:
County:
Certificate of Completion
Upon completion of all work approved within the applicable Buffer Rules, and any subsequent modifications,
the applicant is required to return this certificate to the City of Burlington Stormwater Department. This form
may be returned to the City by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the City of Burlington's Jordan Lake Riparian Buffer Protection
Ordinance, the approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the City of Burlington's Jordan Lake Riparian Buffer Protection
Ordinance, the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the City of Burlington's Jordan Lake Riparian Buffer Protection Ordinance, the
approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
Storm Water Division Website I www.BurlingtonNC.gov/Stormwater