20120658 Ver 1_Approval Letter_20120824

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NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Charles Wakild, P. E.
Director
August 24, 2012
Mr. Paul Manning
Duke University - Facilities Management Department
114 S. Buchanan Boulevard
Durham, NC 27701
Dee Freeman
Secretary
Re: APPROVAL of 401 Water Quality Certification, and Authorization Certificate per the Jordan
Lake Buffer Protection Rules (15A NCAC 2B.0267) with Additional Conditions
Duke University Water Reclamation Pond, Lee County
DWQ #20120658; USACE Action ID. No. SAW -2012 -01043
Sandy Creek [030605, 16- 41 -1 -11, WSV, NSW]
Dear Mr. Manning:
Attached hereto is a copy of Certification No. 3940 issued to Mr. Paul Manning and Duke University -
Facilities Management Department, dated August 24, 2012. This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0267. In
addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non -
discharge and Water Supply Watershed regulations.
You can contest this Certification as provided in Articles 3 and 4 of G.S. 150B by filing a written petition
for an administrative hearing. You may obtain the petition form from the office of Administrative
hearings. You must file the petition with the office of Administrative Hearings within sixty (60) calendar
days of receipt of this Certification. A petition is considered filed when it is received in the office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts
filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state
holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative
Hearings. The petition may be faxed, provided the original and one copy of the document is received by
the Office of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, NC 27699 -6714, Telephone: [phone], Fax: [phone].
A copy of the petition must also be served on DENR as follows: Mr. Bill Carey, General Counsel,
Depart-m—entof vironment a—tcn lstatural Resources, 1601 -Mail- Service Cen�Raleigh, NC- 27699=1 -60-1.
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone [phone] FAX 919 - 807 -64921 Customer Service- 1- 877 - 623 -6748
Internet www wwatergualitv.oro
An Equal Opportunity � Affirmative Action Employer
NorthCarolina
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Mr. Paul Manning and Duke University — Facilities Management Department
Durham County
2012 -0658
If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) calendar days following receipt of the modified
Certification.
Unless a petition is filed as described above, this Certification shall be final and binding.
If we can be of further assistance, please contact Ian McMillan at 919 - 807 -6364 or Karen Higgins at 919-
807 -6360.
Sincerely, _
Ka-LL q
Charles Wakild, P.E.
CW /kah/i m
Attachments: Certificate of Completion
cc: Jeff Garnett, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR, Raleigh Regional Office
Kevin Yates, EcoEngineering, 2905 Meridian Parkway, Durham, NC 277135
File Copy
Filename: 20120658DukeUnrversity WaterReclamationPond(Pond)401 _IC

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Mr. Paul Manning and Duke University — Facilities Management Department
Durham County
2012 -0658
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 927
500 and 95 -217 of the United States and subject to the North Carolina Division of Water Quality (the `
"Division ") Regulations in 15 NCAC 2H .0500, to Paul Manning and Duke University — Facilities
Management Department, who have permission to fill or otherwise impact 4,923 linear feet of stream (885
linear feet of fill to construct the proposed basin and pond dam, 789 linear feet of stream due to the
proposed flooding of stream, and 3,249 linear feet of stream for restoration of an on campus stream to
satisfy the stream mitigation requirement), in the Cape Fear River Basin, to construct a 5.52 acre
impoundment to serve as a source of non - potable water for Duke University's centralized chiller plant, and
offset potable water use by Duke University which is currently the largest water customer for the City of
Durham. The project is proposed for a 13 -acre tract located on the Duke University West Campus, adjacent
to Chiller Plant No. 2, east of Erwin Road, north of Towerview Road, southwest of downtown Durham,
Durham County, North Carolina, pursuant to an application dated June 22, 2012, and received by the
Division on July 2, 2012, and by Public Notice issued by the USACE on July 10, 2012, and received by the
Division on July 10, 2012.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92 -500 and PL 95 -217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is for the purpose and design submitted in the application materials and as described in the
Public Notice. If the project is changed, prior to notification a new application for a new Certification is
required. If the property is sold, the new owner must be given a copy of the Certification and approval
letter and is thereby responsible for complying with all conditions of this Certification. Any new owner
must notify the Division and request the Certification be issued in their name. Should wetland or stream
fill be requested in the future, additional compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in
stream or wetland impact or an increase in impervious surfaces, the Division shall be notified in writing
and a new application for 401 Certification may be required. For this approval to be valid, compliance
with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts to wetlands, streams,
and/or buffers, are approved including incidental impacts:
Type of Wetland
Amount Approved nits
Plan Location or Reference
Stream — fill and grading for dam
885 (linear feet)
Application and Public Notice
Stream — flooding
789 (linear feet)
A lication and Public Notice
Stream — stream restoration
3,249 (linear feet)
Application and Public Notice

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Mr. Paul Manning and Duke University — Facilities Management Department
Durham County
2012 -0658
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. 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 404/401 Permit Application. 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;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis- equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the date
that the Division of Land Resources or locally delegated program has released the project;
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;
Continuing Compliance:
6. Paul Manning and Duke University — Facilities Management Department shall conduct
construction activities in a manner consistent with State water quality standards (including any
requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other
appropriate requirements of State law and federal law. If the Division determines that such
tandards-o"ms-are- not-being -met (including-the- failure -to- sustains- designated- or-aehieved -use) -
or that State or federal law is being violated, or that further conditions are necessary to assure
compliance, the Division may reevaluate and modify this Certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15A
NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Paul Manning
and Duke University — Facilities Management Department, and the US Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 21-1.0503 and provide opportunity for public
hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be

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Mr. Paul Manning and Duke University — Facilities Management Department
Durham County
2012 -0658
provided to Paul Manning and Duke University – Facilities Management Department in writing,
shall be provided to the United States Army Corps of Engineers for reference in any Permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project;
7. Mitigation:
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to conduct an onsite stream restoration of 3,249 linear feet of an
unnamed tributary of Sandy Creek to satisfy this requirement. This has been determined by the
Division to be a suitable method to meet the mitigation requirement based on review of the
conceptual mitigation plan included as part of the Individual Permit Application dated June 2012
and received in this Office on July 2, 2012.
A detailed mitigation plan for this proposed project shall be submitted to this Office within 90
days of the approval of this 401 Water Quality Certification. The mitigation plan must include all
of the elements required for mitigation plans in the 2008 Federal Mitigation Rule.
The plan shall include detailed design information, planting plans, monitoring protocols and
success criteria. Following construction of the site (including planting), the site shall be monitored
annually for seven (7) years or until the site has met approved performance standards, whichever is
later. Monitoring reports shall be submitted to this Office annually.
The plan shall also provide documentation of the establishment of a conservation easement on the
site, and plans, for the ultimate transfer of the site to an approved stewardship organization along
with appropriate funding for perpetual maintenance of the conservation easement.
T e of Wetland
Comoensatory Mitigation Re uired
River and Sub -basin Number
Stream
885 (linear feet)
Cape Fear /03030002
8. Construction Stormwater Permit NCGO 10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb one
(1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated in the conditions of the permit. If your project is covered by
this permit, full compliance with permit conditions including the erosion & sedimentation control
plan, inspections and maintenance, self - monitoring, record keeping and reporting requirements is
required. A copy of the general permit (NCGO10000), inspection log sheets, and other
information may be found at http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w .
Re- opener Clause
9 —Pau4- Manning- and - Duke- Univer-ai y-- F- ac- ilities- Management Department, -- and -its- author -i-zed
agents shall conduct its activities in a manner consistent with State water quality standards
(including any requirements resulting from compliance with section 303(d) of the Clean Water
Act) and any other appropriate requirements of State law and federal law. Paul Manning and Duke
University – Facilities Management Department, shall require its contractors (and/or agents) to
comply with all of the terms of this Certification, and shall provide each of its contractors (and/or
agents) a copy of this Certification. A copy of this Certification shall be included in the
construction contract and available on the job site at all times. If the Division determines that such

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Mr. Paul Manning and Duke University — Facilities Management Department
Durham County
2012 -0658
standards or laws are not being met (including the failure to sustain a designated or achieved use)
or that State or federal law is being violated, or that further conditions are necessary to assure
compliance, the Division may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15A
NCAC 02H.0507(d). Before modifying the certification, the Division shall notify Paul Manning
and Duke University — Facilities Management Department, and the US Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 02H.0503 and provide opportunity for public
hearing in accordance with 15A NCAC 02H.0504. Any new or revised conditions shall be
provided to Paul Manning and Duke University — Facilities Management Department, in writing,
shall be provided to the United States Army Corps of Engineers for reference in any permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project.
10. The minimum flow release plan for the proposed dam must be approved in writing by this
Office before the approved impacts may occur. The plan shall include a written
explanation of the specific discharge rate and mechanism to provide for each required
release. The plan shall also include any design specifications, details and calculations to
show that the release shall be achieved in the given conditions. The plan and any
associated facilities, once approved, must be in place and implemented upon the
completion of the dam.
11. The impoundment discharge should be monitored to ensure thermal impacts to
waters will not exceed the temperature standard as described in 15 A NCAC 028 .0200.
Unless otherwise stipulated by the Division of Water Quality, discharge water
temperatures should be routinely monitored and compared to inflow water temperatures to
ensure compliance.
12. The discharge should be aerated to enhance dissolved oxygen levels.
13. Littoral shelves (or wetland benches) and native vegetation should be provided along the
shoreline for stability, safety, shading and habitat, as discussed in your plans.
14. The use of motorized equipment as well as fertilizers and other chemicals in the
lake and around the shoreline should be strictly controlled so as not to cause direct or
ancillary pollutant issues downstream.
15. An impoundment sampling schedule and methodology shall be finalized before the
proposed impacts may occur.
16. Final design details for the dam and impoundment shall be submitted to DWQ for
approval- in- writingbe- fore -the— proposed - impacts- ma- y- occu�T -he-f nal- plan - shall- include -a
discussion of how water quality standards will be monitored and maintained within the
impoundment. The final plan shall also include the structural design drawings and details
for the dam, including the planand profile views illustrating the height, toe, materials,
spillway, as well as the operation and maintenance plan.

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Mr. Paul Manning and Duke University — Facilities Management Department
Durham County
2012 -0658
17. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the-applicant is required to return the attached
certificate of completion to the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit
(WeBSCaPe), North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699 -1650.
This Certification shall expire on the same day as the expiration date of the corresponding
404 Permit. The conditions in effect on the date of issuance of Certification for a specific
project shall remain in effect for the life of the project, regardless of the expiration date of
this Certification.
Non - compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this Certification for the project and may also result in criminal and /or civil penalties.
C W/kah/ijm
3940
This the 24`h day of August 20'12
DIVISION OF WATER QUALITY
P c
Charles Wakild, P.E.