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HomeMy WebLinkAbout20050732 Ver 1_Other Agency Correspondence_20180327March 27, 2018 Michael Meyers Old North State Water Company, LLC 600 University Park Place, Suite 275 Homewood, AL 35209 AUTHORIZATION of Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules (Watershed Protection Ordinance Section 304(,1) 4 and 15A NCAC 2B .0267) Authorization Certificate Project Name: Briar Chapel Force Main and Re -use Waterline Dear Mr. Meyers, You have our authorization, in accordance with the Chatham County Watershed Protection Ordinance and any conditions listed below, to temporarily impact approximately 2,214 ft2 of the protected riparian buffers associated with Pokeberry Creek and its wetlands for the purpose of installing a 14" sanitary sewer forcemain and a 12" re -use waterline as described within your application submitted March 9, 2018 and revised on March 21, 2018, and on the provided Buffer Impacts Maps. Impacts for this project are limited to the inner and outer portions of Zone 2 and will consist of a 20 -ft wide by 65 -ft long clearing within the buffer for placement and operation of bore and jack equipment. Impacts to the riparian buffers are minimized and will only occur on the western side of Pokeberry Creek. Crossing of Pokeberry Creek and its associated wetlands will utilize two (2) existing 16" encasement pipes that were previously installed; therefore, no direct impacts to surface waters is anticipated. Both encasement pipes extend beyond the eastern limits of the riparian buffers therefore all activities, including bore and jack equipment, will be located outside of the eastern buffers. Following the completion of construction activities, the 20 -ft wide by 65 -ft long clearing within the riparian buffer will be stabilized with a native permanent seed mix in accordance with the Permanent Seeding Schedule provided on Sheet 18 of the approved Construction Drawings and Sediment & Erosion Control Plans. All excavated areas within the riparian buffer are proposed to be returned to existing conditions and contours. Per your application this review and authorization is only valid for those impacts stated above. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and Non -discharge regulations. This authorization certification is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us 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. %0 'inted on 30% Post -Consumer Recycled Paper WATERSHED PROTECTION DIVISION Environmental Quality Department CHATHAM COUNTY P.O. Box 548 Pittsboro,NC27312 NORTH CAROLINA PHONE: ""' 545-8314 Fax: (919) 542-2698 • E-mail: brian.burkhart@chathamn7c.org • Website: www.chathamnc.org March 27, 2018 Michael Meyers Old North State Water Company, LLC 600 University Park Place, Suite 275 Homewood, AL 35209 AUTHORIZATION of Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules (Watershed Protection Ordinance Section 304(,1) 4 and 15A NCAC 2B .0267) Authorization Certificate Project Name: Briar Chapel Force Main and Re -use Waterline Dear Mr. Meyers, You have our authorization, in accordance with the Chatham County Watershed Protection Ordinance and any conditions listed below, to temporarily impact approximately 2,214 ft2 of the protected riparian buffers associated with Pokeberry Creek and its wetlands for the purpose of installing a 14" sanitary sewer forcemain and a 12" re -use waterline as described within your application submitted March 9, 2018 and revised on March 21, 2018, and on the provided Buffer Impacts Maps. Impacts for this project are limited to the inner and outer portions of Zone 2 and will consist of a 20 -ft wide by 65 -ft long clearing within the buffer for placement and operation of bore and jack equipment. Impacts to the riparian buffers are minimized and will only occur on the western side of Pokeberry Creek. Crossing of Pokeberry Creek and its associated wetlands will utilize two (2) existing 16" encasement pipes that were previously installed; therefore, no direct impacts to surface waters is anticipated. Both encasement pipes extend beyond the eastern limits of the riparian buffers therefore all activities, including bore and jack equipment, will be located outside of the eastern buffers. Following the completion of construction activities, the 20 -ft wide by 65 -ft long clearing within the riparian buffer will be stabilized with a native permanent seed mix in accordance with the Permanent Seeding Schedule provided on Sheet 18 of the approved Construction Drawings and Sediment & Erosion Control Plans. All excavated areas within the riparian buffer are proposed to be returned to existing conditions and contours. Per your application this review and authorization is only valid for those impacts stated above. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you proceed with your project including (but not limited to) Erosion and Sediment Control and Non -discharge regulations. This authorization certification is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us 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. %0 'inted on 30% Post -Consumer Recycled Paper 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 are met. No other impacts are approved including incidental impacts: Temporary Impacts(Utility Installation Amount Approved Units Plan Location or Reference Perennial Stream 283 (square ft.) Project Impacts Inventory, Buffers (Zone 2 Buffer Impacts Maps Sheet 2 Inner Perennial Stream 1,931 (square ft.) Project Impacts Inventory, Buffers (Zone 2 Buffer Impacts Maps Sheet 2 Outer 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in 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 county riparian buffer or state water quality standards, statutes, or rules occur. 3. 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 Section 304(J)2 of the Watershed Protection Ordinance. 4. Protective Fencing The outside buffer 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, stream channel or water prior to any land disturbing activities to ensure compliance with the Watershed Protection Ordinance. 5. Certificate of Completion Upon completion of all work approved within this authorization, and any subsequent modifications, the applicant is required to certify that the completed project is in accordance with this buffer authorization and shall submit actual `as -built' plans. 6. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained protective buffers in order to assure compliance for future buffer impact. These mechanisms shall be put in place at the time of recording of the property, or easements, whichever is appropriate. Any disputes over determinations regarding this Authorization of Approvable Impacts (associated with the approved buffer impacts) shall be referred in writing to the Director of the Division of Water Resources, c/o the 401 & Buffer Permitting Unit. The Director's decision is subject to review as provided in G.S. 150B Articles 3 and 4. The mailing address for the 401 & Buffer Permitting Unit is: Ms. Karen Higgins 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: 919-807-6300, Facsimile: 919-807-6494 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 Section 304(I) and 15A NCAC 2B .0267. If you have any questions or would like a copy of the buffer rules, please call Drew Blake at (919) 545-8394. 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, Mr. Brian Burkhart, P.E. Chatham County Watershed Administrator cc: Paul Wojoski, NC DWR 401/Buffer Coordinator Andy Williams, USACE Raleigh Regulatory Field Office Jason Sullivan, Chatham County Planning Director Rachael Thorn, Chatham County Watershed Protection Division Supervisor File Copy Enclosures: Buffer Impact Narrative Riparian Buffer Authorization Application Buffer Impacts Maps BRIAR CHAPEL SD EAST FORCEMAIN CHATHAM COUNTY, NC BUFFER IMPACT NARRATIVE March 19, 2018 CE CROUP Phone: (919) 367-9790 License # C-1739 I. INTRODUCTION The proposed development is for approximately 16,300 linear feet of 14" sanitary sewer forcemain and 13,800 linear feet of 12" re -use waterline. The project will begin at the SD East lift station, continue north along Highway 15/501 before turning west to follow along Taylor Road, continuing along Catullo Run, where it turns west to cut across Pokeberry Creek. It continues along the northern edge of a section of Briar Chapel Subdivision and eventually terminating on the northern side of the existing wastewater treatment plant, owned and operated by Old North State Water Company. The general topography of the project area is mixed, with elevations ranging from 392' to 561' above mean sea level. The highest point of the route is near the wastewater treatment plant while the low point is at the crossing of Pokeberry Creek. The project area is composed of several different land covers including impervious surfaces, open space and wooded areas. Soils in the planned route include Chewacla and Wehadkee (Cha), Helena Sandy Loam (HeC), Udorthents (UdC), and Wedowee Sandy Loams (WdC, WdE, WeB, WeC, WeD, and WeE). The project area falls within the FEMA Flood Insurance Rate Maps 3710976500K, 3710977500K and 3710977400J. A portion of the project lies within the floodplain of Pokeberry Creek. There are three areas where the forcemain and re -use waterline construction will cross existing buffers. For the two intermittent buffers, the proposed boring will span the entire buffer underground and there will be no disturbance in the actual stream buffers, therefore these areas will not require permitting through Chatham County. In Buffer Impact Area 1, where the lines cross Pokeberry Creek the encasement pipes end in the outer 50' of the 100' buffer (Zone 2), therefore this is the only area where with disturbance that could require mitigation. The impacted area is to be replanted by the contractor and will be regarded as a temporary impact. This stretch is approximately 65 linear feet of trenching located in Zone 2, therefore it will fall into the "allowable" category on the mitigation determination sheet. II. DETAILED PROJECT OVERVIEW The project starts at a proposed pump station located in the SD East Commercial Center within the Briar Chapel Development. The disturbance for the area where the pump station is located was previously permitted through Chatham County by McKim and Creed. Once the forcemain reaches the edge of the SD East Development, it will be installed under 15/501 via an existing 24" steel encasement pipe that was previously permitted through the NCDOT encroachment process. Throughout this run of the project, the existing erosion control measures for the SD East development will be utilized along with the temporary mulch tubes on the downhill side of the excavation. From there the project makes its way along Highway 15/501, Taylor Road and Catullo Run. At the intersection of Highway 15/501 and Taylor Road, the project picks up the proposed 12" Re -use Waterline. It will connect with the existing re -use waterline that was previously permitted through Chatham County and the NCDOT. Both of the lines will be installed in the same trench but will be separated vertically by 15". The approximate trench width is 7.5'. Along this section of the project, temporary mulch tubes will be utilized on the downhill side of the excavation. Where the forcemain and re -use waterline are installed in the centerline of existing roadside ditches, temporary wattles will be used in -lieu of stone check dams to reduce velocities in the disturbed swales. After the project crosses under Catullo Run (via jack and bore), it goes across raw land that is currently owned by Briar Chapel and is planned to be a residential development. This parcel has a 100' buffer that runs along the southern property line and the mains will run just to the north of that undisturbed buffer. There are two buffer crossings in this section, one of which is to be permitted through Chatham County. Due to the location of Pokeberry Creek as well as a branch that both span the entire property, both must be crossed to accomplish the goal of the project. The first crossing over the branch of Pokeberry, an Intermittent Buffer, is located a few hundred feet into the property west of Catullo Run. Both mains will be installed via a jack and bore operation. The borings will span the entire width of the buffer; therefore, the buffer will be entirely undisturbed, therefore will not require permitting. Buffer Impact Area 1 is the crossing of Pokeberry Creek. There are two (2) existing 16" encasement pipes, that run the entire width of the existing wetland, that will be utilized at this location. The mains will reduce outside of the wetland to a pipe size that will fit the existing encasement pipes. In utilizing the existing encasement pipes, the disturbance is limited. The only buffer impacts that will occur outside of the encasement pipe crossings will be in the outer Zone 2 buffer on the west side of Pokeberry Creek, as the existing encasement pipes end 50' outside of the wetland boundary. From there, the mains will be installed outside of the Pokeberry Creek buffer and under Great Ridge Parkway. This impacted area is to be replanted and maintained as a requirement in to the contractor, therefore the impact is considered temporary. The permanent seeding schedule is located on the erosion and sediment control details in the construction plans. All this section of the project will utilize the temporary mulch tubes on the downhill side of the disturbance. The next section of the project will be installed behind some existing residences and outside of any buffered area, except one unavoidable crossing behind the lots on Old Piedmont Circle. Due to the existing lot layout, there is no option to direct the route of the lines around the buffer. This is an Ephemeral buffer crossing along this section and the mains will be installed via jack and bore under the entire buffered area. Thus, there will be no disturbance inside the buffer and this location will not require permitting either. Along the buffer, watercourse buffer fence will be utilized for erosion control. In all other areas, temporary mulch tubes will be installed along the downhill side of excavation. A section of the installation will encroach into the backyards of several existing homes. There is an existing easement that the proposed installation will be fully within and Newland will coordinate the construction activities with the current homeowners. The final stretch of the project will cross under a Duke Energy Transmission Line easement near the new tennis facility for Briar Chapel and down the north side of the wastewater treatment plant effluent pond. CHATHAM COUNTY ENVIRONMENTAL QUALITY DEPARTMENT CHATHAM COUNTY WATERSHED PROTECTION DIVISION MONTH CAKOktNA Website: www.chathamne.org RIPARIAN BUFFER AUTHORIZATION APPLICATION Double-click the boxes to select 'checked' or'unchecked'. This is an un -protected document to allow as much user flexibility as possible. Changes to, or deletions of, content will not be tolerated. Please provide as much detail as possible to ensure prompt review and response to this application. Include maps or other graphics and photographs available. If completed by hand, you are encouraged to utilize extra sheets of paper as necessary. ow - %41 Printed on 30%, Post -Consumer Recycled Paper PROJECT INFORMATION Is the project within the Jordan Lake Watershed? ® Yes ❑No !s a change in lot configuration proposed? Yes ONo Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If yes, attach the acceptance letter from mitigation bank or in -lieu fee Rrogram. ❑ Yes ®No Does the project require Corps of Engineers (Corps) or NC Division of Water Ouali NC DWQ approval?__ M Yes ONo Name of Project: Briar Chapel Forcemain Nearest Road Intersection: NC HWY 151501 & Taylor Road Subdivision Name: Briar Chapel OWNER INFORMATION Name(s) on Recorded Deed: Briar Chapel Community Association, Inc. Deed Book and Page No.: 2016 1899 0974 Responsible Party (for LLC If applicable): Old North State Water Company, LLC. Street Address: 1600 Briar Chapel Parkway City, State, Zip: Chapel Hill, NC, 27516 Telephone No.: 919-951-0700 Fax No.: 919-951-0701 Email Address: gbrowne@newlandco.com APPLICANT INFORMATION (if different from owner) An a ent authorization letter is required if applicant is not the owner Applicant Is: 0 A ent ❑ Other, specify: Name: Michael Meyers Business Name (if applicable): Old North State Water Company, LLC. Street Address: 600 University Park Place, Suite 275 City, State, Zip: Homewood, AL 35209 Telephone No: 919 235-4900 Fax No: Email Address: mme ers envirolink.com PROJECT INFORMATION AND PRIOR PROJECT HISTORY Property Identification Property No. AKPAR : 9765 00 93 2747 Coordinates dd.ddddd : Latitude: 35.82018 Longitude: -79.10415 Property size ac.: 17.410 Surface Waters Name of nearest body of water: Pokeberry Creek ow - %41 Printed on 30%, Post -Consumer Recycled Paper Project Description _ Describe the existing condikions on the_ site and the general land use in the vicinity of the project at the time of this application: The forcemain and re -use waterline route runs alongside Taylor Road and then borders the Briar Chapel subdivision. Explain the purpose of the proposed project: The proposed project is an extension of forcemain and a re -use waterline to connect pump station on Hwy 151501 at the intersection of Andrews Store Rd. to the Briar Chapel wastewater treatment facility. Describe the overall project in detail, including the type of equipment to be used: The forcemain and re -use waterline will mostly be installed in a trench using a trackhoe. All bores will be made using bore and jack equipment. Total estimated acreage of all wetlands on the property: NIA Total estimated acreage of all FEMA floodpiains on the property (SFHA): NIA Total linear feet of all streams on the property (Perennial, Intermittent, and NIA Ephemeral): Jurisdictional Determinations Have jurisdictional wetland or stream determinations by ®Yes ❑No Comments: the Corps or NC DWQ been Requested for this property/ project(including allphases) in thepast? AID# SAW -200121252 If yes. list the dates the determinations wereprovided: 07/22/05 Who delineated the jurisdictional areas (name): Agency 1 Consulting Company 1 Other: Soil and Environmental Consultants _ Pro ect History Have permits or certifications been requested or obtained T Yes ®No Comments: for this project (includinR all priorphases) in thepast? If yes, explain in detail: Future Project Plans Is this a phased project? Yes ®No Comments: If yes, explain- PROJECT IMPACTS INVENTORY Impacts Summary: Which types of buffers will be impacted by the ro'ect? check all that apply) ®Ephemeral (E, 30') ®Intermittent (i, 50') MPerennial (P, 100') ❑Perennial Water Body (WB, 50') ❑Wetland , 50' ❑FEMA Floodplain FP, extents Buffer Impacts, reference each to attached fi ure or illustration: Buffer Impact number— permanent (P) or Temporary (T) Purpose 1 Type of Impact Stream Name: use name Buffer printed on USGS 7.5 minute Type topographic map, or UT (unnamed tributary of) name on USGS ma Square Feet B1 - Area 1 Zone 2 T Utility Crossing Pokeberry Creek P 283 B2 - Area 1 Outer T Utility Crossing Pokeberry Creek P 1,931 Add rows as needed to list all buffer impacts separately. For buffers in the Jordan Lake Watershed, report i, P, and WB impacts as (Zone 1) first 30 -feet, and (Zone 2) 30-50 feet landward. List any buffer impacts beyond Zone 2 normally. Avoidance and Minimization Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project. When selecting the route for the forcemain and re -use waterline, avoiding buffer crossing was a main consideration, however the crossing of Pokeberry Creek was inevitable when connecting the pump station to the wastewater treatment facility. The buffered areas in the route were avoided as much as possible. Bore and jack construction will be utilized to eliminate impacts at two buffer crossings by spanning the entire buffer underground, with bore pits located outside of the buffers. At the Pokeberry creek crossing, there are existing encasement pipes which the proposed lines will pass through. On the western side of the creek is the only location where there will be trench construction of the forcemain and re -use waterline in buffered area, outside of underground encasement pipes. This area is to be replanted by the contractor therefore is considered temporary. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The utility crossings will be constructed using bore and jack methods to minimize impact in each of the impact areas. Buffer Mitigation — Required by NC DWQ Will the project result in an impact within a protected Yes ®No Comments: riparian buffer that requires buffer mitigation? The only buffer impact outside of the encasement pipes is in the outer zone of Impact Area #1. This is only 80 LF of perpendicular crossing, therefore is classified as'Allowable'. If yes, then identify the square feet of the impact to each zone of the riparian buffer that requires miticiation. Calculate the amount of miticiation re uired. Zone Type of Impact Total Impact Multiplier Required Mitigation (square feet (square feet Zone 1 3 Zone 2 1.5 Total buffer mitigation re uired: If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment into private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund): Comments: Diffuse Flow Plan DWQ Requirement) Is a diffuse flow plan included? If no, explain why. OYes ZNo Project does not include concentrated runoff as a result of any proposed activities. Sewer will be jack and bored to minimize soil disturbance and maintenance corridor will be re -vegetated such that diffuse flow is maintained. Violations DWQ Requirement) Is the site in violation of Chatham County Riparian Buffer Rules? Yes No Is this an after -the -fact permit application? Yes ONo If you answered yes to either of the above, provide an explanation of the violation(s): Cumulative Impacts DWQ Requirement) Will this project (based on past and reasonably anticipated future impacts) ❑Yes ®No result in additional development, which could impact nearby downstream water quality? If yes, submit a qualitative and quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If no, provide a short narrative description. Proposed activities are not projected to increase any cumulative impacts to aquatic resources as any future activities would be in compliance with local, state, and federal regulations. 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