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Home My WebLink About20190082 Ver 1_Approval Letter_20190228ROY COOPER, MICHAEL EL S. iiL.4.3A V Secretary LINDA CULPEPPER Director February 28,.2019 County of Durham Attn: Kyle Manning 5926 NC Hwy 55 E. Durham, NC 27713 NORTH CAROLINA Environmental Quality D W R # 19-0082 Durham County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE JORDAN LAKE WATER SUPPLY WATERSHED RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0267) WITH ADDITIONAL CONDITIONS Durham County Reuse Water System Extension to BASF Dear Mr. Manning: 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 January 15, 2019 with payment received on January 17, 2019. ' These impacts are covered by'the attached Water Quality General Certification Number 4133 and the, conditions listed below. This certification is associated with the use of Nationwide Permit Number 12 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 ad'ditio.nal'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.0267('11)] Type of Impact Amount Approved (units) Permanent 'Amount Approved (units) Temporary Stream S1: Utility Installation 0 (linear feet) 30 (linear feet) Buffers -Zone 1 131: Utility Installation 1,203:(sq uare feet) 0 (square feet) Buffers Zone 2 B1: Utility Installation 401 (square feet) 0 (square feet) "„ ;V<�r4t)C�arc)i€t'f>a tit�parttr!rx)l'r�E'£.ltvirs>sstr€c:!i ��I £,1U:3ii�y I.)tt"•i3Cii)t)�%�r'iiif.":'€�Q.'.3C:lITCfS E ` .,. Ilait!!gh Rvgi(.)t' A 0fficv 3800 Barrett%hive I ;it ie 1!, Nart€t C:a. oiU 27609 xi>SEwnsaa:E,aw ;, oE,af tv E 919.7()1A20£3 Durham County Reuse Water System Extension to BASF DWR #19-0082 401 AND BUFFER APPROVAL Page 2 of 4 2. Diffuse Flow All stormwater must be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re -concentrate before discharging into a stream. [15A NCAC 02B .0267(8)] 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. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification. 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 standards, statutes, or rules occur. [15A NCAC 02H .0501 and .0502] 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 compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 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)] 7. 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 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). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Durham County Reuse Water System Extension to BASF DWR #19-0082 401 AND BUFFER APPROVAL 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 DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center 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: Karen Higgins If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DWR-401 & Buffer Permitting Branch NC DWR-401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 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 Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules as described in 15A NCAC 02B .0267. Please contact Stephanie Goss at 919-791-4256 or stephanie.goss@ncdenr.gov if you have any questions or concerns. Sincerely, Rick Bolich, LG Assistant Supervisor, Water Quality Regional Operations Section Durham County Reuse Water System Extension to BASF DWR #19-0082 401 AND BUFFER APPROVAL Page 4 of 4 Enclosure: GC 4133 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, Ste. 105; Wake Forest, NC 27597 DWR RRO 401 file DWR 401 & Buffer Permitting Unit via Laserfiche Jennifer Burdette via e-mail at burdette@mcadamsco.com