HomeMy WebLinkAbout20230950_Lake Michael Dam Repair_JBR_Orange.docx.pdf DocuSign Envelope ID:4F9364CF-B5B6-41D1-B329-F8A7COA92440
a�t STATE
ROY COOPER
Governor
ELIZABETH S.BISER `
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
September 5, 2023
DWR#20230950
Orange County
City of Mebane
Attn: Chris Rollins, City Manager
106 East Washington Street
Mebane,NC 27302
(via email: crollinskcityofinebane.com)
Subject: APPROVAL of JORDAN LAKE WATERSHED RIPARIAN BUFFER
IMPACTS
Lake Michael Dam Repair
Dear Mr. Rollins,
You have our approval for the impacts listed below for the purpose described in your application
dated and received by the Division of Water Resources (Division) July 3, 2023. These impacts
are covered by the Jordan Lake Watershed Riparian Buffer Rules and the conditions listed
below. This Buffer Authorization does not relieve the permittee of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project, including
those required by, but not limited to, Sediment and Erosion Control,Non-Discharge, Water
Supply Watershed, and/or Stormwater regulations.
The following impacts are hereby approved,provided that all of the Conditions listed below, and
all of the conditions of the Jordan Lake Watershed Riparian Buffer Rules are met. No other
impacts are approved, including incidental impacts. [15A NCAC 02B .0267.]
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Buffers—Zone 1
B 1: Dam Maintenance 0 (square feet) 13,430 (square feet)
Buffers—Zone 2
B 1: Dam Maintenance 0 (square feet) 8,170 (square feet)
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 this Authorization
� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA
919.791.4200
DocuSign Envelope ID:41`9364CF-135136-41D1-B329-F8A7COA92440 Lake Michael Dam Repair
DWR#20230950
Buffer Authorization Certificate
Page 2 of 3
Certificate. If you change your project, you must notify the Division and you may be required to
submit a new application package. If the property is sold, the new owner must be given a copy
of this Authorization Certificate and is responsible for complying with all conditions. [15A
NCAC 02B.0267]
If you are unable to comply with any of the conditions below, you must notify the Raleigh
Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time
the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with the conditions
of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A
NCAC 02B.0267]. 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.
This Authorization Certificate can be contested as provided in Chapter 150B of the North
Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition)with the
North Carolina Office of Administrative Hearings (OAH) within sixty(60) calendar days.
Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General
Statutes and Title 26 of the North Carolina Administrative Code. Additional information
regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at(919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of
the Authorization Certificate in accordance with N.C.G.S 15013-23(a).
This Authorization Certificate neither grants nor affirms any property right, license, or privilege
in any lands or waters, or any right of use in any waters. This Authorization Certificate does not
authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any
other person, nor does it create any prescriptive right or any right of priority regarding any usage
of water. This Authorization Certificate shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Authorization Certificate to possess any prescriptive
or other right of priority with respect to any other consumptive user regardless of the quantity of
the withdrawal or the date on which the withdrawal was initiated or expanded.
This Authorization shall expire when the corresponding 401 Water Quality Certification
Approval DWR#20230950 expires.
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA
MbfEM,��io�si� �f 919.791.4200
DocuSign Envelope ID:41`9364CF-135136-41D1-B329-F8A7COA92440 Lake Michael Dam Repair
DWR#20230950
Buffer Authorization Certificate
Page 3 of 3
This letter completes the Division's review under the Jordan Lake Watershed Riparian Buffer
Rules as described in 15A NCAC 0213.0267.
Please contact Zach Thomas at 919-791-4255 or zachary.thomaskdeq.nc.gov if you have any
questions or concerns.
Sincerely,
DocuSigned by:
Va V t,SSa. f.
B2916E6AB32144F...
Vanessa Manuel, Assistant Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources,NCDEQ
cc: Gerald Pottern, Mogensen Mitigation, Inc (via email: er�ald@mogmit.com)
DWR 401 &Buffer Permitting Branch electronic file/Laserfiche
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA
MbfEM,��iosi� �f 919.791.4200