20100298 Ver 2_Approval Letter_20130729

A D- NR
North Carolina Departrrient of Ehvironmentand Natural-Resinrces
Division of Water Quality_
Pat McCrory Thomas,A Reeder John E:,Skvarla, III
Governor Acting Director Secretary,
July 29, 2013
bu`ke, Uhiversity
Attn:'Raul Manning
114 S. Buchanan Blvd_.,
Durham, NC 27101
DWQ # 10- 0298V3
Durham County
Subject: APPROVAL OF 401 WATER!QUALITY CERTIFICATION, WITH.AbDITIONAL
CONDITIONS
Upper6andy Creek Phase 5 Stream Restoration
Rear'Me.,Manning:
You, have o,ur approval for the impacts listed below, for'the purpose described in your
application dated July-18, 2013 and ,received, by,the Di,vision of 'Water Quality (,Division) on:July
T9;, 2013. These impacts, are -covered by the attach ed,Water'QuaIity General Certification
Numbee 3885 a'ndthe conditions listed,'below. This certification is'associatedwiththe use,of
Nationwide PerGrrrlt' 'INumber 27-once'it- isissue`d to you by the US., Arniy`Corps, of Engineers.
Please.note,that °you should get,any other�fed'eral, state,or,llocal permits before, proceeding with,
your project, including those r,equired,by'(but not limited to) Sediment and',Erosion tontr;_ol)
Non- Di_scharge;,and Water Supply Watershed regulations.
This approval', requ`i "res 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
gen'eral,conditions;ofthe"Certification,, Gen era I- Perrin it,and%or`Buffer,Rul'es are met. No
other impacts are:approved, including incidental impacts:
Wetlands, Buffers, Storrnwater, Cumphancewd Permitting Unit;(WeBSCaP6)
1650 Mail`Servtce Center; Raleigh,North Cafblina727699 -1650
Phone,,91M07 -63011 FAX-V9 -807 -644
Internet ,'http / /por aRncdenr.orglweb /wq/ws,
,An Equal Opportunity l Affirmative Action Employer

'Upper Sandy Creek Stream Restoration
DWQ# 1M2980,
401.APPROVAL
Page ,-2 of 4
Type, of" mpact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
3;128 (linear°feet)
0' (linear,feet)
Site 1
Stream
1325° (linear -feet).
0 (linear feet)
Site 2
Stream,
102 (linear feet)
0` (linear'feet)
'Site 3
Stream
434 (linear feet)
0 (linear feet)
Site 4
Stream
Z3 (linear feet)
0 (linear feet)
Site 5
2. No Waste, Spoil, Solids, or Fill 'of Any Kind
No waste, spoil, solids, or fill of any kind shall occuriin wetlands,, waters, or riparian areas
beyond the footprint of'the "impacts,depicted in.the Pre- Constructi'on'N'otifitati'on. 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 standard's, statutes, or rules occur.
I. Protective Fencing
The outside buffer, wetland or water:boundary and a'long the construction corridor within
these boundaries approved under.th'is authorization shall be clearly marked with orange=
warning fencing (or similar high visibility material), for the areas that,havebeen approved'to
infringe within the buffer, wetland or water priorto any, land disturbing activities to ensure
compliance with 15 NCAC 02H..0500.
4. Thi's apptoval is for the,purpose, and design described, in your application. The, plans and
specifications for this 1project ar>e, 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 p- roperty'is,sold, the new owner
given a copy of this approvarl letter and General Certification and, is "responsible for
complying•wi'th all conditions.
5, This approval`and' its conditions are final.and. binding unless, contested.
This Certification can be contested as provided in Articles 3 and 4 of General'Statute 15013 by
filinga written petition for -an ad'm'inistra'tive hearingto the Office of Administrative Hearings
(hereby known as,OAH), , A ,petition form may be•obtai'ned from the,OAH at
http: / /wvV .ncoah.tom/ or by calling, the OAH, Clerk's Office at,(919) 43- M000,for information.

Upper Sandy Creek Stream Restoration
DWQ# 10- 0298v3
401APPROVAL
Page 3 of 4
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 DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Please send one (1) copy of the petition to DWQ:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR -DWQ— Webscape Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWQ— Webscape Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Cherri Smith at 919 - 791 -4251 or cherri.smith @ncdenr.gov if you have any
questions or concerns.
Sinc rely,
Danny S ith, Supervisor
Surface Water Protection — Raleigh
Regional Office
Enclosure: 3885

Upper'Sandy Creek Stream Restoration
D,WQ# 10= 0298v -3
401APPROVAL
Page 4 of 4
cc U.S: Army,Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, St. 105; Wake Forest, NC 27597
Joshua White; Knickpoint Engineering; 204,Wolver,ine'Road;,Cary, NC 27513,
DWQ RRO 401 files
I