20200205 Ver 1_Approval Letter_20200424

ROY COOPER
Governor
MICHAEL S. REGAN
Seawary
S. DANIEL SMITH
Director
April 21, 2020
NORTH CAROLINA
Environmental Quality
DWR #20-0205
Wake County
City of Raleigh, Public Utilities Department
Attn: Matthew Cotton
222 West Hargett Street
Raleigh, NC 27601
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B .0233) WITH ADDITIONAL CONDITIONS
Harris Creek Interceptor
Dear Mr. Cotton:
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 February 5, 2020 with
payment received on February 28, 2020 with additional information received on April 16, 2020.
These impacts are covered by the attached Water Quality General Certification Number 4133
and 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
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B
.0233(8)]
D-E QJ North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional office 13800 Barrett Drive I Raleigh. North Carolina 27609
_='� \ 919.791.4200

Harris Creek Interceptor
DWR #2o-0205
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Wetland
W1: Utility Installation
0.060 (acres)
0 (acres)
W1: Utility Installation
0 (acres)
1.11(acres)
Wl: Utility Installation
0 (acres)
0.060 (acres)
W1: Utility Installation
0.020 (acres)
0 (acres)
W1: Utility Installation
0 (acres)
0.130 (acres)
Stream
S1: Utility Installation
0 (linear feet)
40 (linear feet)
Buffers —Zone 1
B1: Utility Installation
0 (square feet)
3,161(square feet)
B2: Utility Installation
2,946 (square feet)
0 (square feet)
B4: Utility Installation
0 (square feet) _
986 (square feet)
L
Buffers — Zone 2
B1: Utility Installation
0 (square feet)
4,401(square feet)
62: Utility Installation
13,189 (square feet)
0 (square feet)
B3: Utility Installation
0 (square feet)
496 (square feet)
B4: Utility Installation
0 (square feet)
1,614 (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 02B .0233(8)]
3. 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-Neuse I, LLC Neuse Riparian
Buffer Umbrella Mitigation Bank (EBX-Neuse 1), RES Poplar Creek Buffer & Nutrient Offset
Umbrella Mitigation Bank or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank
(EBX) to meet this mitigation requirement. The specific bank site to be debited will be
Arrington Bridge 1, Buffalo Branch, Selma Mill, Cedar Grove, Hatley, Ezell, Polecat, Hannah
Bridge, Meadow Spring, Uzzle, Poplar Creek and Stone Creek all located in HUC 03020201.
Until the EBX-Neuse I or EBX 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 EBX-
Neuse I or EBX to meet the following compensatory mitigation requirement [15A NCAC 02H
.0506 (b)(6)]:

Harris Creek Interceptor
DW R #20-0205
401 AND BUFFER APPROVAL
Page 3 of 5
Compensatory
Bank Sponsor
River & Sub -basin
Mitigation Required
Number
Buffer -Zone 1
8,838 (square feet)
EBX-Neuse I, LLC or EBX
03020201-Not in Falls
Lake Watershed
Buffer -Zone 2
19,784 (square feet)
EBX-Neuse I, LLC or EBX
03020201-Not in Falls
Lake Watershed
Total:
28,622 (square feet)
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. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved underthis 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)]
6. 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
sold, the new owner must be given a copy of this approval letter and General Certification
and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)]
7. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]

Harris Creek Interceptor
DWR #20-0205
401 AND BUFFER APPROVAL
Page 4 of 5
This Certification and Buffer Authorization can be contested as provided in General Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah-comL or by calling the OAH
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 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:
!f 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 send one (1) copy of the petition to DWR:
!f sending by First Class Mail
via the US Postal Service:
Paul Wojoski
NC DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
if sending via delivery service
(e.g. UPS, FedEx):
Paul Wojoski
NC DWR-401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604

Harris Creek Interceptor
DWR #20-0205
401 AND BUFFER APPROVAL
Page 5 of 5
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 Stephanie
Goss at 919-791-4256 or [e-mail] if you have any questions or concerns.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 4133
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
Christopher J. Burkhardt via e-mail at cburkhardt@fal_conengineers.com