20210089 Ver 1_Approval Letter_20210701

DocuSign Envelope ID: 7EBE9556-1 FF4-4FF1-AC29-C6E333970995
ROY COOPER
Governor
JOHN NICHOLSON
Interim Secretary
S. DANIEL SMITH
Director
July 1, 2021
City of Durham
Attn: Donald Greeley
1600 Mist Lake Drive
Durham, NC 27704
(via email [e-mail])
NORTH CAROLINA
Environmental Quality
DWR # 20100555 v2
Durham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Lake Michie Dam and Raw Water Pump Station Improvements
Dear Mr. Greeley:
You have our approval for the impacts listed below for the purpose described in your application dated
May 10, 2021, received by the Division of Water Resources (Division) May 10, 2021, and payment
received May 13, 2021. These impacts are covered by the attached Water Quality General Certification
Number 4132. This certification is associated with the use of Nationwide Permit Number 3 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.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Open Water
L1: Dredging -Rehabilitate Raw Water Intake
0.12 (acres)
0 (acres)
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 Certification. 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 Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
,JORTH CAgOLINAoE
Impartment el EnWmnmenla[ Oualiry
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID:7EBE9556-1FF4-4FF1-AC29-C6E333970995
Lake Michie Dam and Raw Water Pump Station Improvements
DWR# 20210089
401 Certification
Page 2 of 2
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, 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, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification 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 [phone].
One (1) copy of the Petition must also be served to the North Carolina 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 15A NCAC
02H .0500. Please contact Stephanie Goss at 919-791-4256 or [e-mail] if you have
any questions or concerns.
Sincerely,
,—DocuSigned by:
`— B C DA9 D 825 D 4A4 6 D ...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Enclosures: GC 4132
cc: Kevin Arrance, Hazen and Sawyer (via email)
April Norton, USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch electronic file