20170799 Ver 1_Approval Letter_20171213

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Water Resources
Environmental Quality
December 13, 2017
City of Durham — Department of Water Management
Attn: Mr. Donald Greeley
1600 Mist Lake Drive
Durham, NC 27704
ROY COOPER
Governor
MICHAEL S. REGAN
Secreiarr
LINDA CULPEPPER
Interim Direcior
DWR # 17-0799 v1 & 2
Durham County
Subject: Approval of 401 Water Quality Certification and Neuse Riparian
Buffer Impacts with Additional Conditions
Mist Lake Facility Expansion
Dear Mr. Greeley:
You have our approval for the impacts listed below for the purpose described in your
major variance application dated August 28, 2017, received by the Division of Water
Resources (Division) on August 31, 2017, with subsequent information received on
October 10, 2017 and October 12, 2017, and 401 Water Quality Certification application
dated September 28, 2017, received by the Division on October 6, 2017. These
impacts are covered by the attached Water Quality General Certification Number 4139 /
Buffer Rules and the conditions listed below. This certification is associated with the
use of Nationwide Permit Number 39 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(s)
or general permit 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 02H .0506(b)
and (c)] and 15A NCAC 02B .0233(8)]
--"-'"Nothing Compares:--,-,
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

City of Durham — Department of Water Management
DWR# 17-0799 v1&2
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Mitigation Required
Site 1
96 linear feet
0 linear feet
Buffers — Zone 1
Neuse
Falls
Site 1
13,083 (square feet
0 (square feet
Site 2
3,017 (square feet
0 (square feet
Buffers — Zone 2
Site 1
1 11,852 (square feet
0 (square feet
Site 2
1 4,257 (square feet
0 (square feet
2. Mitigation must be provided for the proposed impacts as specified in the table
below. The Division has received an acceptance letter from the North Fork Little
River Nutrient Offset & Buffer Bank sponsored by Wildlands Holdings II, LLC to
meet this mitigation requirement. Until the North Fork Little River Nutrient Offset
& Buffer Bank receives and clears your payment, and proof of payment has been
provided to this Office, no impacts specified in this Authorization Certificate shall
occur. For accounting purposes, this Authorization Certificate authorizes
payment to North Fork Little River Nutrient Offset & Buffer Bank to meet the
following compensatory mitigation requirement [15A NCAC 02B .0233 (9)(ii)]:
3. Stormwater Runoff Treatment
The applicant shall provide one copy of the approved SMP, including plan details
on full-sized plan sheets, with proof of the City of Durham's approval. The
approved SMP shall be submitted to the DWR 401 & Buffer Permitting Branch
digitally at https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form
before any impacts authorized in this approval occur. After it is approved and
submitted to the Division, the SMP may not be modified without prior written
authorization from the City of Durham. If the SMP is modified in the future, then
one modified SMP with proof of approval shall be provided to the DWR 401 &
Buffer Permitting Branch prior to the commencement of the modifications.
4. This Major Variance/Certification shall only apply if the USACE approves impacts
to the stream associated with the subject buffer of the Major Variance.
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
Compensatory
River and Sub -
Mitigation Required
basin Number
Watershed
Buffers
57,027 (square
Neuse
Falls
feet)
03020201
3. Stormwater Runoff Treatment
The applicant shall provide one copy of the approved SMP, including plan details
on full-sized plan sheets, with proof of the City of Durham's approval. The
approved SMP shall be submitted to the DWR 401 & Buffer Permitting Branch
digitally at https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form
before any impacts authorized in this approval occur. After it is approved and
submitted to the Division, the SMP may not be modified without prior written
authorization from the City of Durham. If the SMP is modified in the future, then
one modified SMP with proof of approval shall be provided to the DWR 401 &
Buffer Permitting Branch prior to the commencement of the modifications.
4. This Major Variance/Certification shall only apply if the USACE approves impacts
to the stream associated with the subject buffer of the Major Variance.
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

City of Durham — Department of Water Management
DWR# 17-0799 v1 &2
Page 3 of 4
the Certification/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(s)/Permit/Authorization and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification/Buffer Authorization can be contested as provided in Articles 3 and 4 of
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:OOam and 5:OOpm,
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 via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
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
Raleigh, NC 27699-1601
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.

City of Durham — Department of Water Management
DW R# 17-0799 v1 &2
Page 4 of 4
Please contact me at 919-807-6360 or [e-mail] or Jennifer Burdette
at 919-807-6364 or [e-mail] if you have any questions or
concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4139
cc: Todd Preuninger, Timmons Group (via email [e-mail])
George Buchholz, Timmons Group (via email
[e-mail])
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 170799v1&2MistLakeFacilityExpansion(Durham)_401_GC_NEU_MJV.docx