20170799 Ver 1_Approval Letter_20190506

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Attn: Mr. Donald Greeley
1600 Mist Lake Drive
Durham, NC 27704
?`JORTH CAROUNA
Fewiron.rWinfal, Quafirly
Subject: Approval of 401 Water Quality Certification and Neuse Riparian Buffer Impacts
with Adonal Conditions - MODIFICATION
Mist Lake Facility Expansion
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Ln the modification request, you asked "Wildlands Holdings it, LLC" to be replaced by "Wildlonds
Holdings V, LLC for the buffer mitigation.
11 —d-Mri —
Buffer Major Variance for the Mist Lake Facility Expansion is revised as follows:
2. Mitigation must be provided for the proposed impacts as specified in the table below.
The Division has received an acceptance letter from the North Fork Little River Nutrient
Offset & Buffer Bank sponsored by Wildlands Holdings V, LLC to meet this mitigation
requirement. Until the North Fork Little River Nutrient Offset & Buffer Bank receives
and clears your payment, and proof of payment has been provided to this Office, no
impacts specified in this Authorization Certificate shall occur. For accounting purposes,
this Authorization Certificate authorizes payment to North Fork Little River Nutrient
Offset & Buffer Bank to meet the following compensatory mitigation requirement [15A
C-ompensatory River and Sub -
Mitigation Required basin Number Watershed
57,027 (square Neuse
Buffers feet) 03020201 Falls
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City of Durham — Department of Water Management
DWR# 17-0799 v1&2 - MOD
May 6, 2019
Page 2 of 3
All other conditions in the December 13, 2017 401 Water Quality Certification and Neuse
Riparian Buffer Major Variance for the Mist Lake Facility Expansion remain unchanged and are
in effect.
This Certification/Buffer Approval can be contested as provided in General Statute 150B by filin;:p
known as OAH) within sixty (60) calendar days.
A petition torm maybe obtained trorn the UAM at httP:$,.www.ncoan.cu-m7Urffl= _
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing feels received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
i ne petition RUT 67VINM - - r5-frr4n A �11
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
6714 Mail Service Center
Raleigh, NC 27699-6714
FedEx,
office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
P-IZ r P, I till tA Oualitv:
William F. Lane, General Counsel
1,-�,artment *f Enyiri.ri?6ental tyalil.,
1601 Mail Service Center
Raleigh, NC 27699-1601 1
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.

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DWRN 17-0799 v1&2 - MOD
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e c o n - E a c u - m erN M7gM3-@—nco IT Y01 nale TF;! q1tesclons or
concerns.
Sincerely,
4ujy)
Karen Higgins, Supervi r
401 & Buffer Permitting Branch
cc: Todd Preuninger, Timmons Group (via email [e-mail])
George Buchholz, Timmons Groupemail [e-mail])
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file