20180101 Ver 1_Approval Letter_20180302

1. .
Water Resources
ENVIRONMENTAL QUALITY
March 2, 2018
EC Perry
100 Whispering Oaks
Talladega, AL 35160
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim
Director
DWR•418-0101
Durham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER.THE NEUSE RIVER BASIURIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS
Nichols Farm Subdivision
To Whom It May Concern,
You have our approval for the impacts listed below for the purpose described in your
application dated January 22, 2018 and received by the Division of Water Resources (Division)
on January 22, 2018 with additional information received on. February 16, 2018 and March 1,
2018. These impacts are covered by the attached Water Quality..Gen' eral Certification Number
4139. and the conditions listed below. This certification is associated .with the use of
Nationwide Permit Number 29 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.
This approval requires you to follow the conditions Listed in the enclosed .certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 0213.0506(b)(c) and 15A NCAC 0213
.0233(8)] '
Division of Water Resources; Raleigh Regional Office, Water Quality Operations Section http://portal.iicdetir.org/web/Nvq/,tps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Nichols Farm Subdivision
DWR #18-0101
401 AND BUFFER APPROVAL
Page 2 of 4
Type'of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
SA -Excavation for sewer line
0 (linear feet)
36 (linear feet)
S131 -Excavation for sewer line'
0 (linear feet)
41 (linear feet)
Buffers — Zone 1
13132-Stormwater Outfall
423 (square feet)
Q (square feet)
BBA -Sewer Line
2192 (square feet)
0 (square feet)
13131 -Sewer Line
2336 (square feet)
0 (square feet)
Buffers — Zone 2
BB2-Stormwater Outfall
305 (square feet):
0 (square feet)
BBA -Sewer Line
1441 (square feet)
0 (square feet)
13131 -Sewer Line
'2641 (square feet)
0 (square feet)
2. Stormwater Manakement Plan (SMP) Approval from Local Community Required
The stormwater management plan (SMP) must be approved by the City of Durham and, .
meet the requirements of this Certification. The SMP may not be modified without prior
written authorization from the City of Durham. [15A NCAC 02H .0506(b)(3)]
3. No Waste, Spoil, -Solids, or Fill of Any Kind
Nowaste, 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]
4. 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 to ensure
compliance with 15 NCAC 02H.0500. [15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
5. 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 the Certification and
Buffer Authorization. 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

Nichols Farm Subdivision
DWR #18-0101
401 AND BUFFER APPROVAL
Page 3 of 4
sold, the. new owner must be given a copy of this approval-letter'and General Certification
and is responsible for complying with all conditions. [15,A NCAC 02B .0507(d)(2)]
6.. This approval and its conditions are'.final and binding unless contested. [G:S. 143-215.5]
This. Certification :and Buffer Authorization can' be contested as provided in Articles 3 and 4 of
General Statute 1506 by filing a written' petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH).. A petition form may be obtained from the
OAH at http://www.hcoah.com/ or by calling the OAH Clerk's Office at [phone] for
information.
.Within sixty (60) calendar days of recept.of-this notice, a' -petition must be'.filed with the
OAH: A petition is considered filed when111c.�the original and one (1) copy along with any
applicable OAH filing fee is received;iin the OAH during normal office hours: (Monday through-, _
i:,,
Friday between 8:OOam and 5:OOpm,,,excluding official„state holidays).
The petition may be faxed to the.OAH 'at (919) 431=3100, provided the original and one copy of
the'petition along with any applicable, OAH filing fee isoreceived by the OAH within five (5)
business days, following the faxed transmission.
Mailingaddress for the OAH:
If sending by First Class Mail If sending via delivery service
via the US Postal Service: (e.g. UPS,; FedEx):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711: New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the -petition must also be served to Department of Environmental Quality:
A
William F. Lane, Gene4lal Counsel
Department of Enviro h,mental Quality
1601 Mail Service Center
i
Raleigh, NC 27699-1601
I
i
I. '

Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Nichols Farm Subdivision
DWR #18-0101
401 AND BUFFER APPROVAL
Page 4 of 4
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Rick Trone
at 919-791-4257 or rick.trone@ncdenr.g, if you have any questions or concerns.
Since ely,
Danny Smit
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4139
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
Ste. 105; Wake Forest, NC 27597
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit via Laserfiche
Sean Clark, Sage Ecological Services via email at SClark sageecological.com