20240314_Repair NIH Dam Inlets and Outlets 111 TW Alexander Drive_Durham_Buffer Authorization.pdf

Docusign Envelope ID:2E581957-OECO-4E76-9931-DA4482F28EO5
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ROY COOPER
Governor _ �2
ELIZABETH S.BISER s n%
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
July 30, 2024
DWR#20240314
Durham County
United States of America - NIH
Attn: Cameron Thompson, PE
111 TW Alexander Drive
Durham, NC 27709
(Delivered via email to: [e-mail])
CIVIC Building, Inc.
Attn: Thomas D'Amico
2140 Page Road, Suite 103
Durham, NC 27703
(Delivered via email to: [e-mail])
Subject: APPROVAL of JORDAN RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL
CONDITIONS
Project: Repair NIH Inlets and Outlets—111 TW Alexander Drive
Dear Mr.Thompson and Mr. D'Amico:
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) on February 20, 2024,fee received April 9,
2024, subsequent information on April 24, 2024,June 5, 2024,June 21, 2024,June 24, 2024,July 18,
2024. These impacts are covered by the Jordan 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 Buffer Rules are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B .0267(11)]
Type of Impact Amount Approved (units) Amount Approved (units)
Permanent Temporary
Buffers—Zone 1
Dam Maintenance—RipRap 5,721 (square feet) 0 (square feet)
Shoreline Stabilization—Retaining Wall 4,656 (square feet) 0 (square feet)
Shoreline Stabilization—RipRap 9,046 (square feet) 0 (square feet)
Shoreline Stabilization—Vegetation 0 (square feet) 8,747 (square feet)
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA
O.P m ���m QUM V r 919.791.4200

Docusign Envelope ID:2E581957-OECO-4E76-9931-DA4482F28EO5 Repair NIH Dam Inlets and Outlets 111 TW Alexander Drive
DWR#20240314
Buffer Authorization Certificate
Page 2 of 3
Construction Access Road* 0 (square feet) 560 (square feet)
Totals 19,423(square feet) 9,307(square feet)
*See Condition#1 below.
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 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(11)]
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.
Additional Conditions:
1. Access road areas shall be restored to pre-construction topographic and hydrologic conditions
and replanted with comparable vegetation within two months of when construction is
complete.Tree planting may occur during the dormant season. At the end of five years, any
restored wooded riparian buffer shall comply with the restoration criteria in 15A NCAC
2B .0295(n)(2)(B).
Citation:15A NCAC 028.0267(9)
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the
presentation of proper credentials,the Division may inspect the property.
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
D ra� .� North Carolina Department of Environmental Quality I Division of Water Resources
tf_ Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROI INA
oeo.nmsmor�m� ransl� r 919.791.4200

Docusign Envelope ID:2E581957-OECO-4E76-9931-DA4482F28EO5 Repair NIH Dam Inlets and Outlets 111 TW Alexander Drive
DWR#20240314
Buffer Authorization Certificate
Page 3 of 3
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 150B-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.
This Authorization shall expire when the corresponding 401 Water Quality Certification Approval
DWR#20240314 expires.
This letter completes the Division's review under the Jordan Riparian Buffer Rules as described in 15A
NCAC 02B .0267. Please contact Zach Thomas at 919-791-4255 or [e-mail] if you
have any questions or concerns.
Sincerely,
n nDo'c'u,SiAgne'd by:
YVUI (�C�l fW
372DCBC661EE4A8_.
Michael Hall
Regional Supervisor
Division of Water Resources, Raleigh Regional Office
Department of Environmental Quality
Electronic cc: John Farrell,AMT Engineering([e-mail])
Julia Tillery, USACE Raleigh Regulatory Field Office
Gabriela Garrison, NCWRC
Kelly Williams, DMS
DWR 401& Buffer Permitting Branch Electronic file/Laserfiche
Filename:20240314_Repair NIH Dam Inlets and Outlets 111 TW Alexander Drive—Durham—Buffer 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 CARO IINA
oeo.nmsmor Q-` r 919.791.4200