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Home My WebLink About20211773 Ver 1_Buffer Approval Letter_20220404DocuSign Envelope ID: EA208990-F631-4AB7-AB2D-D5A91220D6FF ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director April 4, 2022 City of Durham Attn: Don Greeley 101 City Hall Plaza Durham, NC 27701 (via email Don. Greeley@durhamnc.gov) NORTH CAROLINA Environmental Quality DWR # 20211773 Durham County Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Lake Michie Dam Warning Barrier Dear Mr. Greeley: You have our approval for the impacts listed below for the purpose described in your application dated December 2, 2021, and received by the Division of Water Resources (Division) December 8, 2021, with additional information received February 10, 2022, and March 29, 2022.These impacts are covered by the Neuse River Buffer Rules and the conditions listed below. 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 Authorization shall expire five (5) years from the date of this letter. The following impacts are hereby approved, provided that all of the Conditions listed below, and all of the conditions of the Neuse River Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B Neuse .0611(b)(2)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers — Zone 1 B 1 : Safety Barrier Anchor Block 900 (square feet) 0 (square feet) B2: Safety Barrier Anchor Block 900 (square feet) 0 (square feet) Buffers — Zone 2 B 1 : Construction Access 0 (square feet) 400 (square feet) 1. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .0231; 15A 02H .0506(b); 15A NCAC 02B .0214] 2. The applicant and/or authorized agent shall provide a copy of the Concrete Placement Plan to the Division at least thirty (30) days prior to the commencement of construction. [15A NCAC 02B .0611(b)(4) & 15A NCAC 02B .0714(14)] NORTH CAROLINA Department M Environmental Quality North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: EA208990-F631-4AB7-AB2D-D5A91220D6FF Little River Dam Reservoir Safety Improvements DWR# 20211772 Buffer Authorization Certificate Page 2 of 3 3. The permittee shall provide on -site supervision of concrete work by an appropriately trained individual as described in correspondence with Schnabel Engineer dated March 29, 2022. [15A NCAC 02B .0714(14) and 15A NCAC 02B .0611(b)(4)] 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 Authorization Certificate. If you change your project, you must notify the Division and you may be required to submit a new application package. If the property is sold, the new owner must be given a copy of this Authorization Certificate and is responsible for complying with all conditions. [15A NCAC 02B .0611(b)(2)] If you are unable to comply with any of the conditions below, 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 the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC 02B .0714]. 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. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Authorization Certificate 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 (919) 431-3000. 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 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Authorization Certificate in accordance with N.C.G.S 150B-23(a). This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does it create any prescriptive right or any right of priority regarding any usage of water. This Authorization Certificate shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Authorization Certificate to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. £ D_E NORTHCAROLINA Department of Environmental Duel North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: EA208990-F631-4AB7-AB2D-D5A91220D6FF Little River Dam Reservoir Safety Improvements DWR# 20211772 Buffer Authorization Certificate Page 3 of 3 This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described in 15A NCAC 02B .0714. Please contact Colleen Cohn at Colleen.Cohn@ncdenr.gov or 919-791-4258 if you have any questions or concerns. Sincerely, rk DocuSignedby: Vix\4-B4V BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: DWR 401 & Buffer Permitting via Laserfiche Charles Johnson, Schnabel Engineering South (via email) £ D_E NORTHCAROLINA Department of Environmental Duel North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200