20201217 Ver 1_Buffer Approval Letter_20201209

December 9, 2020

DWR # 20201217
Wake County

Duke Energy Progress LLC
Attn: Paula Gourley
550 S. Tryon Street, Dec. 22A
Charlotte, NC 28202

Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
Project Walter

Dear Ms. Gourley:
You have our approval for the impacts listed below for the purpose described in your
application dated October 29, 2020, received by the Division of Water Resources (Division) on
October 30, 2020 with additional information received on November 24, 2020. These impacts
are covered by the Neuse River Buffer Rules and the conditions listed below. 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 Authorization Certificate shall expire five (5)
years from the date of this letter.
The following impacts are hereby approved, provided that all of the Conditions listed below and
all of the conditions of the Neuse River Buffer Rules are met. No other impacts are approved,
including incidental impacts. [15A NCAC 02B Neuse .0611(b)(2)]

Type of Impact

Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary

Buffers – Zone 1
B1: Sanitary Sewer Line 32 (square feet) 0 (square feet)
B2: Sanitary Sewer Line 3,174 (square feet) 0 (square feet)
DocuSign Envelope ID: 94852658-CC1A-44CA-966A-6F8E0ADD0AC0

Project Walter
DWR# 20201217
Buffer Authorization Certificate
Page 2 of 3

B3: Stormwater Bypass
Channel
1,279 (square feet) 0 (square feet)
Buffers – Zone 2
B1: Sanitary Sewer Line 2,426 (square feet) 0 (square feet)
B2: Sanitary Sewer Line 1,725 (square feet) 0 (square feet)
B3: Stormwater-Rip Rap
Dissipator
882 (square feet) 0 (square feet)
Additional Conditions:
1. 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 I), 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 Buffalo
Branch, Selma Mill, Cedar Grove, Hatley, Ezell, Bucher, Polecat, Hannah Bridge, Meadow
Spring, Uzzle, Poplar Creek and Stone Creek all located in HUC 03020201. Until EBX-Neuse I,
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 Mitigation
Required
Bank Sponsor River & Sub-basin Number
Buffer-
Zone 1 13,359 (square feet) EBX-Neuse I, LLC or EBX Neuse: 03020201-Outside
Falls Lake Watershed
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 this Authorization
Certificate. If you change your project, you must notify the Division and you may be required to
submit a new application package. If the property is sold, the new owner must be given a copy
of this Authorization Certificate and is responsible for complying with all conditions. [15A NCAC
02B .0611(b)(2)]
If you are unable to comply with any of the conditions below, you must notify the Raleigh
Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time
the permittee becomes aware of the circumstances.
DocuSign Envelope ID: 94852658-CC1A-44CA-966A-6F8E0ADD0AC0

Project Walter
DWR# 20201217
Buffer Authorization Certificate
Page 3 of 3

The permittee shall report to the Raleigh Regional Office any noncompliance with the
conditions of this Authorization Certificate and/or any violation of state regulated riparian
buffer rules [15A NCAC 02B .0714]. 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.

This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina
General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North
Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements
for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title
26 of the North Carolina Administrative Code. Additional information regarding requirements for
filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the
OAH Clerk’s Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of
Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as
described in 15A NCAC 02B .0714. 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

cc: Kelly Roth, McAdams Co. (via email)
DWR 401 & Buffer Permitting Branch electronic file
DWR RRO 401/Riparian Buffer electronic file
DocuSign Envelope ID: 94852658-CC1A-44CA-966A-6F8E0ADD0AC0