20200597 Ver 1_Approval Letter_20200724

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANI£L SMITH
Director
City of Raleigh
Public Utilities Department
Attn: Matthew Cotton
1 Exchange Plaza, #620
Raleigh, NC 27601
NORTH CAROLINA
Environmental Quality
July 23, 2020
DWR #20-0597
Wake County
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
Big Branch Sewer
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 May 5, 2020 with
payment received on May 27, 2020 with additional information received on June 19, 2020 and
July 23, 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 Qom, _ North Carolina Department of Environmental Quality I Division of Water Resources
wJ�}/� Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
N11H fH (:A�i(1!.INA �
0­O'torenwm­talQ"I 919,791,4200

Big Branch Sewer
DWR #20-0597
401 AND BUFFER APPROVAL
Page 2 of 6
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1: Mechanized Clearing
0 (acres)
0.145 (acres)
Stream
S1: Replace Existing Sewer/Rip Rap
33 (linear feet)
34 (linear feet)
S2: Replace Existing Sewer/Erosion Control
0 (linear feet)
21 (linear feet)
S3: Replace Existing Sewer/Rip Rap
40 (linear feet)
30 (linear feet)
S4: Sewer Abandonment/Erosion Control
0 (linear feet)
83 (linear feet)
S5: Replace Existing Sewer/Rip Rap
17 (linear feet)
30 (linear feet)
S6: Replace Existing Aerial Crossing/Bank Stab.
22 (linear feet)
30 (linear feet)
S7: Replace Existing Sewer/Rip Rap
42 (linear feet)
30 (linear feet)
S8: Manhole Protection/Bank Stab.
45 (linear feet)
0 (linear feet)
S9: Replace Existing Sewer/Rip Rap
31 (linear feet)
30 (linear feet)
Open Water
01: Rip Rap Stab. Below Footbridge
0.004 (acres)
0 (acres)
Buffers — Zone 1
131: Easement Expansion
1,406 (square feet)
0 (square feet)
132: Easement Expansion
733 (square feet)
0 (square feet)
133: New Easement
667 (square feet)
0 (square feet)
134: Stabilization
107 (square feet)
0 (square feet)
135: New Easement
330 (square feet)
0 (square feet)
136: Stabilization
15 (square feet)
0 (square feet)
137: Easement Expansion
1,859 (square feet)
0 (square feet)
138: Sewer Crossing
1,330 (square feet)
0 (square feet)
139: New Easement
1,770 (square feet)
0 (square feet)
B10: New Easement
2,306 (square feet)
0 (square feet)
1311: Sewer Crossing
3,059 (square feet)
0 (square feet)
B12: New Easement
7,183 (square feet)
0 (square feet)
B13: Sewer Crossing
617 (square feet)
0 (square feet)
B14: Easement Expansion
1,582 (square feet)
0 (square feet)
B15: Sewer Crossing
1,737 (square feet)
0 (square feet)
B16: Easement Expansion
1,538 (square feet)
0 (square feet)
B17: Sewer Crossing
231 (square feet)
0 (square feet)
B18: Sewer Crossing
302 (square feet)
0 (square feet)
Buffers — Zone 2
131: Easement Expansion
1,290 (square feet)
0 (square feet)
132: Easement Expansion
712 (square feet)
0 (square feet)
133: New Easement
2,678 (square feet)
0 (square feet)

Big Branch Sewer
DWR #20-0597
401 AND BUFFER APPROVAL
Page 3 of 6
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
B4: Stabilization
190 (square feet)
0 (square feet)
B5: New Easement
1,430 (square feet)
0 (square feet)
B6: Stabilization
294 (square feet)
0 (square feet)
B7: Easement Expansion
3,103 (square feet)
0 (square feet)
B8: Sewer Crossing
151 (square feet)
0 (square feet)
B9: New Easement
11,007 (square feet)
0 (square feet)
B10: New Easement
1,566 (square feet)
0 (square feet)
B11: Sewer Crossing
1,067 (square feet)
0 (square feet)
B12: New Easement
5,150 (square feet)
0 (square feet)
B13: Sewer Crossing
357 (square feet)
0 (square feet)
B14: Easement Expansion
948 (square feet)
0 (square feet)
B15: Sewer Crossing
654 (square feet)
0 (square feet)
B16: Easement Expansion
1,250 (square feet)
0 (square feet)
B17: Sewer Crossing
204 (square feet)
0 (square feet)
B18: Sewer Crossing
83 (square feet)
0 (square feet)
2. 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 Neuse Buffer and Nutrient Offset
Umbrella Mitigation Bank (RES), 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
EBX-Neuse 1, RES 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, RES,
or EBX to meet the following compensatory mitigation requirement [15A NCAC 02H .0506
(b)(6)]:
Compensatory
Bank Sponsor
River & Sub -basin Number
Mitigation Required
Buffer -Zone 1
63,699 (square feet)
EBX-Neuse I, LLC or
Neuse: 03020201-Outside Falls
EBX
Lake Watershed

Big Branch Sewer
DWR #20-0597
401 AND BUFFER APPROVAL
Page 4 of 6
3. 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)]
4. Along streambanks and/or within 10 feet of the ordinary water level for large channels,
vegetation may be cut to ground level during the clearing phase of the project; however, no
grubbing or soil disturbance shall occur within the corridor until immediately prior to pipe
installation and then all work shall continue in this location until complete and re -stabilized.
5. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .02001 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.
6. 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)]
7. 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)]
8. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51

Big Branch Sewer
DWR #20-0597
401 AND BUFFER APPROVAL
Page 5 of 6
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.com/ 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:
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 send one (1) copy of the petition to DWR:
If 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

Big Branch Sewer
DWR #20-0597
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 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,
DOCUSigned by:
8CDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 4133
cc: Lyle Phillips, USACE Raleigh Regulatory Field Office (via email)
David Cooper, VHB (via e-mail)
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit via Laserfiche