20170799 Ver 3_Approval Letter_20200706

July 06, 2020

DWR #17-0799 v3
Durham County

City of Durham Real Estate Division
Attn: David Greeley, PE
101 City Hall Plaza
Durham, North Carolina 27701

Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B .0233) WITH ADDITIONAL CONDITIONS
Mist Lake Dam Rehabilitation

Dear Mr. Greeley:

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 April 03 , 2020 with
payment received on June 18, 2020 and additional information received on July 01, 2020.
These impacts are covered by the attached Water Quality General Certification Number 4132
and the conditions listed below. This certification is associated with the use of Nationwide
Permit Number 3 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
.0233(8)]

DocuSign Envelope ID: 8CF73085-16EE-472F-B94C-99786BBA0584

Mist Lake Dam Rehabilitation
DWR #17-0799 v3
401 AND BUFFER APPROVAL
Page 2 of 4

Type of Impact

Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1: Grading access 0(acres) 0.012(acres)
W2: Grading access 0 (acres) 0.032(acres)
Buffers – Zone 1
B1: Embankment fill 0 (square feet) 0 (square feet)
B1: grading access 0 (square feet) 3,060 (square feet)
B2: grading access 0 (square feet) 1,140 (square feet)
Buffers – Zone 2
B1: Embankment fill 0 (square feet) 620 (square feet)
B1: grading access 0 (square feet) 2,610 (square feet)
B2: grading access 0 (square feet) 2,170 (square feet)

2. Stormwater Management Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the City of Durham and
meet the requirements of this Certification. The SMP may not be modified without prior
written authorization from the City of Durham. [15A NCAC 02H .0506(b)(3)]
3. 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.

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, wetland or water prior to any land disturbing activities to ensure
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Mist Lake Dam Rehabilitation
DWR #17-0799 v3
401 AND BUFFER APPROVAL
Page 3 of 4

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)]

6. 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 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 [phone] 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 8:00am 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:
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

One (1) copy of the petition must also be served to Department of Environmental Quality:

William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
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Mist Lake Dam Rehabilitation
DWR #17-0799 v3
401 AND BUFFER APPROVAL
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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:
If sending via delivery service
(e.g. UPS, FedEx):
Paul Wojoski
NC DWR – 401 & Buffer
Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Paul Wojoski
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 Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Erin Deck
at 919-791-4200 or [e-mail] if you have any questions or concerns.

Sincerely,

Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

Enclosure: GC 4132

cc: Andy Williams, USACE Raleigh Regulatory Field Office (via email)
Gerald Pottern, Mogensen Mitigation, Inc (via email)
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit via Laserfiche

DocuSign Envelope ID: 8CF73085-16EE-472F-B94C-99786BBA0584