20210514 Ver 1_Buffer Approval Letter_20210615

DocuSign Envelope ID: 9659F405-2482-4252-82DE-159F1 C1 AE1 68
ROY COOPER
Governor
JOHN NICHOLSON
Interim Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
June 15, 2021
DWR #20210514
Durham County
City of Durham -Division of Wastewater Management
Attn: Donald F. Greeley
1600 Mist Lake Drive
Durham, NC 27704
(Delivered via email to [e-mail])
Subject: AUTHORIZATION CERTIFICATE PER THE JORDAN LAKE RIPARIAN BUFFER PROTECTION
RULES (15A NCAC 02B .0267) WITH ADDITIONAL CONDITIONS
Lakewood Avenue Sewer Replacement and Stream Enhancement
Mr. Greeley,
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 April 19, 2021. This letter shall act as your
Authorization Certificate Approval as described within 15A NCAC 02B .0611(b). 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 Certificate shall expire five (5) years from the date of this
letter.
This approval requires you to comply with the following conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Buffer Rules are met. No other impacts are approved, including incidental impacts
[15A NCAC 02B. 0267].
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Buffers - Zone 1
B1: Stream
Restoration/Enhancement
19,911 (square feet)
0 (square feet)
B2: Access
0 (square feet)
4,820 (square feet)
B3: Utility Line Maintenance Access
0 (square feet)
942 (square feet)
Buffers - Zone 2
0 (square feet)
0 (square feet)
B1: Stream
Restoration/Enhancement
7,262 (square feet)
0 (square feet)
D_E
NORTH CAROLINA
©ew eMor imemonpi Oue1
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 9659F405-2482-4252-82DE-159F1 C1 AE1 68
B2: Access
0 (square feet)
864 (square feet)
B3: Utility Line Maintenance Access
0 (square feet)
1,317 (square feet)
2. Dispersed Flow
All stormwater must be directed and maintained as dispersed flow, as defined in 15A NCAC
02H .0100, at non -erosive velocities through the protected stream buffers such that it will not re -
concentrate before discharging into a stream. [15A NCAC 02B .0714 (9)]
3. No Zone 1 Impacts
No impacts (except for "Deemed Allowable" uses as identified within 15A NCAC 02B .0267 shall
occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWR. No
impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWR. [15A NCAC
02B .0267]
4. 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.
5. 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].
6. Protective Fencing
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction
area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land
disturbing activities and must be maintained on the property until the project phase is completed.
[15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)]
This Authorization neither grants nor affirms any property right, license, or privilege in any waters, or
any right of use in any waters. This Authorization does not authorize any person to interfere with the
riparian rights, littoral rights, or water use rights of any other person and this Authorization does not
create any prescriptive right or any right of priority regarding any usage of water. This Authorization
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 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
NORTH CAROIJNA
Dasemnent of Emlmnmongl Oual
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 9659F405-2482-4252-82DE-159F1 C1 AE1 68
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 (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
This letter completes the review of the Division under the Jordan Lake Riparian Buffer Rules as described
in 15A NCAC 02B .0267. Please contact Rick Trone at [e-mail] if you have any questions
or concerns.
Sincerely,
,—DocuSigned by:
P.11O0/10d
`-949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Mackenzie Richards, Kimley-Horn (via email)
DWR 401 & Buffer Permitting Unit
Filename: 20210514 Ver 1_Lakewood Avenue Sewer Replacement and Stream Enhancement_JB
D_E
NORTH CAROIJNA
Dasemnent of Emlmnmongl Oual
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000