20170799 Ver 2_More Info Requested_20171121

Water Resources
Environmental Quality
November 21, 2017
City of Durham — Water Management Facility
Attn: Mr. Donald Greeley
1600 Mist Lake Drive
Durham, NC 27704
Subject: REQUEST FOR ADDITIONAL INFORMATION
Mist Lake Facility Expansion
Dear Mr. Greeley:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretmv
LINDA CULPEPPER
Interim Director
DW R # 17-0799 v2
Durham County
On September 29, 2017, the Division of Water Resources (Division) received your
application dated September 28, 2017, requesting a 401 Water Quality Certification
from the Division for the subject project. The Division has determined that your
application is incomplete and cannot be processed. The application is on -hold until
all of the following information is received:
The proposed impacts to the riparian buffer are considered prohibited [15A
NCAC 02B .0233(6)] and will require a Major Variance. On November 8, 2017,
the Water Quality Committee of the Environmental Management Commission
(EMC) granted a Major Variance for the proposed project. The EMC's written
decision must be received prior to issuing the Major Variance/401 Water Quality
Certification for the project.
Pursuant to Title 15A NCAC 02H .0502(e) / 15A NCAC 02B .0233, the application is on -
hold until this information is received from the EMC. Please be aware that you have no
authorization under the Section 401 of the Clean Water Act/Buffer Rules for this activity
and any work done within waters of the state may be a violation of North Carolina
General Statutes and Administrative Code.
.5 --Nothing Compares`-___.
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

Please contact Jennifer Burdette at 919-807-6364 or if
you have any questions or concerns.
Sincerely,
Jeff Poupart, Chief
Water Quality Permitting
Section
cc: George Buchholz, Timmons Group (via [e-mail])
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 170799M istLakeFacil ityExp(Durham )_401 _GC_Hold.docx