20180049 Ver 2_Buffer Approval Letter_20200205

ROY COOPER
Covcrrtnr
MICHAEL S. REGAN
secremry
S. DANIEL SMITH
Director
February 5, 2020
City of Durham
Don Greeley
101 City Hall Plaza
Durham, NC 27701
NORTH CAROL: NA
Environmental Quality
DWR # 18-0049 v2
Durham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (iSA NCAC 02B .0Z33) WITH ADDITIONAL CONDITIONS
Eno River Outfall Upgrade Phases I & II -East and West
Dear Mr. Greeley:
You have our approval for the impacts listed below for the purpose described in your
application dated December 10, 2019 and received by the Division of Water Resources
(Division) on December 23, 2019. These impacts are covered by the attached Water Quality
General Certification Number 4133 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 401 Water
Quality Certification and Authorization Certificate for DWR #18-0049 v2 replaces the 401
Water Quality Certification and Authorization Certificate for #18-0049 v1 dated April S, 2018.
This approval requires 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
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 .0233(8)]
0North.�Carolina Department ol'Envi�unmental Quality Division of Water Resources
D_ E�Raleigh Regionil Office ' 3800 ttarrett Dtive Raleigh, North Cirofina 27609
910 7914200

Eno River Outfall Phase I & 11-East and West
DWR #18-0049 v2
401 AND BUFFER APPROVAL
Page 2 of 6
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
Site 1 WB: Excavation
0.0004 (acres)
0 (acres)
Site 1 WB: Land Clearing
0 (acres)
0.008 (acres)
Site 4 WA: Excavation
0.003 (acres)
0 (acres)
Site 4 WA: Land Clearing
0 (acres)
0.006 (acres)
Site 10 WH: Land Clearing
0 (acres)
0.001(acres)
Site 10 WD: Land Clearing
0 (acres)
0.010 (acres)
Site 11 WD: Land Clearing
0 (acres)
0.020 (acres)
Site 13 WF: Excavation
0.025 (acres)
0 (acres)
Site 13 WF: Land Clearing
0 (acres)
0.199 (acres)
Site 13 WG: Land Clearing
0 (acres)
0.010 (acres)
Site 14 WC: Land Clearing
0 (acres)
0.004 (acres)
Stream
Site 1: Fill
60 (linear feet)
0 (linear feet)
Site 2: Fill
60 (linear feet)
0 (linear feet)
Site 3: Fill
60 (linear feet)
1 0 (linear feet)
Site 6: Excavation
0 (linear feet)
60 (linear feet)
Site 8 SL: Excavation
60 (linear feet)
0 (linear feet)
Site 9 SL: Excavation
62 (linear feet)
0 (linear feet)
Site 10 SN: Excavation
0 (linear feet)
60 (linear feet)
Site 10 SH: Excavation
0 (linear feet)
60 (linear feet)
Site 10 51: Excavation
0 (linear feet)
35 (linear feet)
Site 11 SL: Excavation
42 (linear feet)
0 (linear feet)
Site 12 Sh Excavation
0 (linear feet)
50 (linear feet)
Site 12 SK: Excavation
44 (linear feet)
0 (linear feet)
Site 14 S5: Excavation
0 (linear feet)
61 (linear feet)
Buffers -Zone 1
Site 1-Sewer line
0 (square feet)
3,666 (square feet)
Site 2-Sewer Line
0 (square feet)
3,606 (square feet)
Site 2-Sewer Line
0 (square feet)
318 (square feet)
Site 3-Sewer Line
0 (square feet)
3,694 (square feet)
Site 3-Sewer Line
121 (square feet)
1,686 (square feet)
Site 4-Sewer Line
3,876 (square feet)
20,344 (square feet)
Site 5-Sewer Line
0 (square feet)
1,874 (square feet)
Site 5-Sewer Line
387 (square feet)
6,102 (square feet)
Site 6-Sewer Line
0 (square feet)
3,711(square feet)
Site 8-Sewer Line
0 (square feet)
3,660 (square feet

Eno River Outfall Phase I & II -East and West
DWR #18-0049 Q
401 AND BUFFER APPROVAL
Page 3 of 6
Site 8-Sewer Line
237 (square feet)
2,907 (square feet)
Site 9-Sewer Line
0 (square feet)
4,036 (square feet)
Site 9-Sewer Line
0 (square feet)
4,826 (square feet)
Site 11-Sewer Line
0 (square feet)
2.760 (square feet)
Site 12-Sewer Line
0 (square feet)
5,235 (square feet)
Site 12-Sewer Line
0 (square feet)
872 (square feet)
Site 13-Sewer Line
0 (square feet)
423 (square feet)
Site 14-Sewer Line
0 (square feet)
5,759 (square feet)
Site 15-Sewer Line
0 (square feet)
327 (square feet)
Site 16-Sewer Line
0 (square feet)
492 (square feet)
Site 16-Sewer Line
0 (square feet)
4,084 (square feet)
Buffers -Zone 2
Site 1-Sewer Line
8,236 (square feet)
2,454 (square feet)
Site 2-Sewer Line
884 (square feet)
2,420 (square feet)
Site 3-Sewer Line
12,734 (square feet)
2,605 (square feet)
Site 4-Sewer Line
36,377 (square feet)
0 (square feet)
Site 5-Sewer Line
16,016 (square feet)
987 (square feet)
Site 6-Sewer Line
0 (square feet)
2,489 (square feet)
Site 7-Sewer Line
928 (square feet)
0 (square feet)
Site 8-Sewer Line
9,095 (square feet)
2,442 (square feet)
Site 9-Sewer Line
10,383 (square feet)
3,017 (square feet)
Site 10-Sewer Line
3,562 (square feet)
0 (square feet)
Site 11-Sewer Line
1,517 (square feet)
1,322 (square feet)
Site 12-Sewer Line
3,525 (square feet)
2,063 (square feet)
Site 13-Sewer Line
509 (square feet)
0 (square feet)
Site 14-Sewer Line
7,273 (square feet)
0 (square feet)
Site 15-Sewer Line
1,557 (square feet)
0 (square feet)
Site 16-Sewer Line
4,116 (square feet)
204 (square feet)
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 02H .0506(b)(5)]
3. The City of Durham shall submit to DWR final dewatering plans with a detailed analysis or
construction sequence of how work will be conducted in the dry. The plans should include
details showing how turbidity curtains or other sediment barriers will be installed where the
open-cut/excavation method will be utilized. This dewatering plan must to be approved by
DWR before any impacts authorized in this certification occur. [15A NCAC 02H .507 (c)]

Eno River Outfall Phase I & II -East and West
DWR #18-0049 v2
401 AND BUFFER APPROVAL
Page 4 of 6
4. The City of Durham shall schedule and conduct a pre -construction meeting with the
construction contractors and DWR to review the conditions and requirements of the
respective certification for clarity and understanding before any impacts authorized in this
certification occur. Please contact Stephanie Goss at 919-791-4256 to schedule the pre -
construction meeting. [15A NCAC 02H .0502(e) and .507(c)]
5. Compensatory Mitigation Using a Private Mitigation Bank
Compensatory Mitigation
Bank Sponsor
River & Sub -basin Number
Required
EBX
Buffer
15,829.14 (square feet)
03020201 and in the Falls Lake
Paid on June 5, 2018
Watershed
6. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 026.0200] 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.
7. 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)]
8. 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)]

Eno River Outfall Phase I & II -East and West
DWR #18-0049 v2
401 AND BUFFER APPROVAL
Page S of 6
This approval and its conditions are final and binding unless contested. (G.S. 143-215.51
This Certification and Buffer Authorization can be contested as provided in 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 8:00am and 5:00pm, 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 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 Department of Environmental Quality:
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
NC DWR —401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR —401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604

Eno River Outfall Phase I & II -East and West
DWR #18-0049 v2
401 AND BUFFER APPROVAL
Page 6 of 6
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse River Riparian Buffer Protection Rules as described in 15A NCAC 02B .0233. Please
contact Stephanie Goss at 919-791-4256 or stephanie.goss ncdenr.eov if you have any
questions or concerns.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
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
Bob Lepsic via e-mail at [e-mail]