20180049 Ver 1_Approval Letter_20180405

KI;
Water Resources
ENVIRONMENTAL QUALITY
1
April 5, 2018
City of Durham
101 City,Hall Place .
Durham, NC 27701
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER
Interim Director
D W R #'18-0049
Durham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL'CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTIONRULES (15A NCAC 02B.023,3) WITH ADDITIONAL CONDITIONS
City of D.urham7Eno River Outfall Phases I and II
To Whom It May Concern:
You have our approval for the impacts listed below for the purpose described in your
application. dated January 9, 2018 and received by the Division of Water Resources (Division) on
January 9, 2018 with additional information received on February 26, 2018 and March 26, 2018.
These impacts are covered .by the attached Water Quality General Certification Number 4133
the conditions listed below. This certification is associated with the use of.Nationwide Permit
Number 12 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
" app`roved, including incidental impacts. [15A NCAC 0213.0506(b)(c) and 15A-NCAC 02B
.0233(8)]
Division of Water Resources, Raleigh Regional Office, Water Quality. Operations Section http://portal,ncdenr.org/web/wd/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919),791-4200
Location: 3800, Barrett Drive, Raleigh, NC 27609 Fax: [phone]

City of Durham -Eno River Outfall Phases I and II
- DWR #1870049
401 AND BUFFER APPROVAL
Page 2 of 6
Type of Impact,
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Wetland
Site 1 WB: Excavation
0.0004 (acres)
0 (acres)
Site 1 WB: Land Clearing
0 (acres)
0.008 (acres)
Site 4 WA: Excavation
0.003 (acres)
0 (acres)
Site 4 WA: Land Clearing
0 (acres)
0.006 (acres) .
Site 10 WH: Land Clearing
0 (acres)
0.001 (acres)
Site 10 WD: Land Clearing
0 (acres)
0.010 (acres)
,Site 11 WD: Excavation
0.001 (acres)
0 (acres)
Site 11 WD: Land Clearing
0 (acres)
0.022 (acres)
Site 13 WF: Excavation
0.025 (acres)
0 (acres)
Site 13 WF: Land Clearing
0 (acres)
0.100 (acres)
Site 13 WG: Excavation
0.003 (acres)
0 (acres)
.Site 13WG: Land Clearing
0 (acres)
0.010 (acres)
Stream
Site 1: Fill
60 (linear feet)
0, (linear feet)
Site 2: Fill
60 (linear feet)
0 (linear feet)
Site 3: Fill
60 (linear feet)
0 (linear feet)
Site 5 -ST: Fill
50 (linear feet)
0 (linear feet)
Site 6: Excavation
0 (linear feet)
60 (linear feet)
Site 8 -SL: Excavation
0 (linear feet)
60 (linear feet)
Site 9 -SL: Excavation
0 (linear feet)
62 (linear feet)
Site 10=5N: Excavation
0 (linear feet)
60 (linear feet)
Site 10 -SH: Excavation
0 (linear feet)
60 (linear feet)
Site 10 -SI: Excavation
0 (linear feet)
35 (linear feet)
Site 11 -SL: Excavation
0 (linear feet)
42 (linear feet)
Site 12 -SJ: Excavation
0 (linear feet)
50 (linear feet)
Site 12 -SK: Excavation
0 (linear feet)
44 (linear feet) ,
Site 14 -SS: Excavation
0 (linear feet)
61 (linear feet) .
Buffers -Zone 1
Site 1 -Sewer Line
0 (square feet)
3665.62 (square feet)
Site 2 -Sewer Line
0. (square'feet)
3605.51 (square feet).
Site 2 -Sewer Line
0 (square feet)
317.74 (square feet)
Site 3 -Sewer Line
0 (square feet)
3693.69 (square feet)
Site 3 -Sewer Line
120.92 (square feet)
1686.17 (square feet)
Site 4 -Sewer Line
3875.74 (square feet)
20344.09 (square feet)
Site 5 -Sewer Line
0 (square feet)
T2922.82 (square feet)

City of Durham -Eno River Outfall Phases I and II
DWR #18-0049
401 AND BUFFER APPROVAL
Page 3 of 6
Site 5 -Sewer Line
1016.62 (square feet)
4995.45,(square feet)
Site 6 -Sewer Line
0 (square feet) -
3711.37 (square feet)
Site 8 -Sewer Line
4068.72 (square feet)
3660.36 (square feet)
Site 8 -Sewer Line
263.10 (square feet)
0 (square feet)
Site 9 -Sewer Line
0 (square feet)
3753.26 (square feet)
Site 9 -Sewer Line
'0 (square feet)
3848.06 (square feet)
Site 11 -Sewer Line
0 (square feet)
2860.99 (square feet)
Site 12 -Sewer Line
0 (square feet)
5452.75 (square feet)
Site 1j' -Sewer Line
0 (square feet) .
1420.91 (square feet)_
Site 14-Sewer,Line
(square feet)
5759.25 (square feet)
Site 15 -Sewer Line`
0 (square feet)
327.31 (square feet)
Buffers -Zone 2
Site 1 -Sewer Line
8236.08 (square feet)
2454.26 (square feet)
Site 2 -Sewer Line ,
884.03 (square feet)
2419.97 (square feet)
Site 3 -Sewer Line
12733.72 (square feet)
2605.26 (square feet)
Site 4 -Sewer Line
36377.27 (square feet)
0 (square feet)
Site 5 -Sewer Line
16981.01 (square feet)
1620.26(square feet)
Site 6 -Sewer Line
0.(square feet)
2488.88 (square feet)
Site 7 -Sewer Line
928.53 (square feet)
0 (square feet)
Site 87 -Sewer Line
9654.15 (square feet)
2441.80 (square feet)
Site 9 -Sewer Line
10835.58 (square feet)
2510.93 (square feet)
Site 10 -Sewer Line
3562.20 (square feet)
0 (square feet)
Site 11 -Sewer Line
1293.16 (square feet)
1558.17 (square feet)
Site 12 -Sewer Line
4237.66 (square feet)
1017.17 (square feet)
Site 13 -Sewer Line
2888.74 (square feet)
0 (square feet)
Site 14 -Sewer Line
7273.42 (square feet)
0 (square feet)
Site 15 -Sewer Line
1557.25 (square feet)
0 (square feet)
2.. Diffuse Flow
All stormwater must be directed and maintained as diffuse flow at non-erosive velocities
through the protected stream buffers such that it will not re -concentrate before discharging
into a stream. [15A NCAC 02H .0506(b)(5)]
3. The City of Durham shall submit to DWR final dewatering -plans with a detailed analysis or
construction sequence of how work will be conducted in the dry. The plans should include
details showing how turbidity curtains or other sediment barriers will be installed where the
open-cut/excavation method will be utilized. This dewatering plan must,to be. approved by
DWR before any impacts authorized in this certification occur. [15A NCAC 02H .507.(c)]
4. The City of Durham shall schedule and conduct a pre -construction meeting with the,
construction contractors and DWR to review the conditions and requirements of the

City of Durham -Eno River Outfall Phases I and II
DWR #18-0049
401 AND BOFFER APPROVAL
Page 4 of 6
respective certification for clarity and understanding before any impacts authorized in this
certification occur.:Please.contact Stephanie Goss at 919-791-4256.to schedule the pre -
construction meeting..[15A NCAC702H .0502(e) and .507(c)]
5. Compensatory Mitigation Using a Private, Mitigation. Bank
'Mitigation must be provided for the,proposed impacts as specified in.the table below. The
Division has received a Statement of Availability letter from EBX to meet this mitigation -
requirement.. The specific bank site to be debited -will be Cedar Grove, Hatley, or Ezell,'all
located in HUC 03020201 and in the fallsIake watershed. Until the EBX receives and clears
your payment, and proof of p;ayment has'been provided to this Office, no impacts specified
in this Authorization Certificate shall occur. For accounting purposes, this. Authorization
Certificate authorizes payment to the EBX;to meet the following compensatory mitigation
requirement [15A NCAC 02H ;.0506 (b)(6)1
6. 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]
7. 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)]
8: 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 anew application package with, the appropriate fee. If,the property is
sold, the new owner must be given a copy of this approval letter and General Certification
and is responsible for complyi,ng,with all conditions. [15A NCAC'02B .0507(d)(2)]
Compensatory,Mitigation
Bank Sponsor
River & Sub -basin Number
Required;
Buffer
15,829.14 (square feet)
EBX
03020201 and in the Falls Lake
watershed
6. 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]
7. 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)]
8: 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 anew application package with, the appropriate fee. If,the property is
sold, the new owner must be given a copy of this approval letter and General Certification
and is responsible for complyi,ng,with all conditions. [15A NCAC'02B .0507(d)(2)]

City of Durham -Eno River Outfall Phases I and II
. DWR #18-0049
401 AND BUFFER APPROVAL
Page 5 of 6
9. 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 150B 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.nc8ah.com/ or by calling the OAH Clerk's Office at [phone] for
information.
Within sixty (60) calendar days.of receipt of this notice, a petition must be filed with the
OAH. A petition is -considered filed when the original and one (1) copy,along with any,
applicable OAH filing fee is received in the OAH during normal office'hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel .
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601-
Please
7699-1601
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 2,7699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR-401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604

City of Durham -Eno River Outfall Phases I and II
DWR #18-0049
401 AND BUFFER APPROVAL
Page 6 of 6
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse River Riparian Buffer Protection Rules as described in 15A NCAC 02B .0233. Please
contact Stephanie Goss at 919-791-4256 or [e-mail] if you have any
questions or concerns.
Si cerely,
V Q' i'l �7G rn'u
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4133
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Rajit Ramkumar via e-mail at rramkumar2sepiengineering.com