20080229 Ver 2_Credit Ledger_20110927

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AFFIDAVIT OF CREDIT SALE
FORREST CREEK RAPARIAN BUFFER MITIGATION BANK
NEUSE 01
TO: INTER AGENCY REVIEW TEAM MEMBERS (IRT)
The undersigned, EBX-EM, LLC, the Sponsor of the Forrest Riparian Buffer Mitigation Bank
(the "Bank"), hereby certifies the following:
1. City of Raleigh has deposited monies with the Sponsor sufficient to acquire
26,142.00 Square Feet/Credits of Riparian Buffer Mitigation Bank Credits (the
"Credits") from the Forrest Creek Riparian Buffer Mitigation Site of the Bank for
use on its Crabtree Basin Wastewater System Conveyance Improvements project
(Phase 1) in the County of Wake, North Carolina (DWQ 11-0567).
2. The Crabtree Basin Wastewater System Conveyance Improvements project
requires a total of 26,142.00 buffer mitigation Credits in HUC Neuse 01 as part of
its mitigation. Of this amount 26,142.00 Credits are being provided by the Forrest
Riparian Buffer Mitigation Bank,Site of the Bank.
3. The Sponsor has deducted 26,142:00 Credits from the Bank's credit ledger from
the Forrest Creek Riparian Buffer Mitigation Site.
A copy of the Forrest Creek Riparian Buffer Mitigation Site Credit Ledger reflecting the above
transaction is attached to this Affidavit.
EBX-EM, LLC
By: /Ona d& 4;k?
Matthew Fisher, Authorized Agent
Date: 09/27/11
(Revised from 091221submittal to reflect accurate amount in Item 3 above)
Copies:
Monte Matthews, Regulatory Project Manager, ]fJS Army Corps of Engineers
Raleigh Regulatory Field Office 333,1,,Hyritgge;Tr'de Drive, Suite 105 Wake Forest, NC 27587
Express Coordinator, DWQ 401 Oversight/Express Review Unit
1650 Mail Service Center, Raleigh, NC 27699-1650

NO
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor l i k' ' ':a 4ieOctdr Secretary
August 11, 2011
DWQ Project # 11-0567
Wake County
Mr. Aaron Brower
City of Raleigh - Public Utilities Department
OEP, Suite 620
Raleigh, NC 27602
Subject Property: City of Raleigh - Crabtree Basin Wastewater System Conveyance Improvements
Crabtree Creek [030402, 27-33-(10), C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 28:0233) with Additional Conditions - REVISED
Dear Mr. Brower:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 3.10 acres of 404/wetland (3.08 acres temporary impact and 0.02 acres
permanent impact), 1,864 linear feet of stream (1,347 linear feet permanent impact and 517 linear feet
temporary impact), and 115,736 square feet of Zone'fNeuse River protected riparian buffers, and
114,808 square feet of Zone 2 Neuse River protected ripgnan buffers, as described in your application
dated June 13, 2011, and received by the Division of Water Quality (DWQ) on June 14, 2011, to
construct the proposed wastewater project at the site. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number(s) 3819 (GC3819). The
Certification(s) allows you to .use Nationwide Permit(s) NW 12 when issued by the US Army Corps of
Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to
the protected riparian buffers per 15A NCAC 2B .0233. This Certification and Authorization replaces
the Certification and Authorization issued on July 11, 2011. In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go ahead with your
project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations.
Also, this approval to proceed with your proppsedl1? acts or to conduct impacts to waters as
depicted in your application shall expire upon exp1ra?on of'the 404 or CAMA Permit.
This approval is for the purpose and design that } 6ti desc' bed in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
rt >i..) 17
The Additional Conditions of the Certifiita Wo 4 e.`
s. .
1. Impacts Approved
Wetland;, Buffers, Stormwater, Compliance and Permitting Unit (WPBSCaPe)
1650 Mail Service Center, Ralegh, North Carolina 27699.1650
Phone: [phone] FAX: [phone]
Internet: htlp 11purtal.ncdenr orglweblwglws
An Equal Opportunity 1 Affurnative Action Employer
onehCaroli
na
Niki4iAk
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City of Raleigh
Page 2 of 4
August 11, 2011
The following impacts are hereby approved a§' long, as-'alt of the other specific and general
conditions of this Certification (or Isolated Wetlihdr `?rtt#it)`ire met. No other impacts are
approved including incidental impacts:
Type of Impact Amount Approved nits Plan Location or Reference
404/Wetland 3.10 [(acres) 3.08 acres temporary impact
and 0.02 acres permanent impact) Application
Stream 1,864 [(linear feet) 1,347 linear feet
permanent impact and 517 linear feet
temporary impact] " '4 Application
Buffers Zone 1 115,736 (square ft.) ,;.. ,. , Application
Buffers Zone 2 114,808 (square ft. Application
*- Actual permanent stream impact will be detertnined;from as-built drawings
2. 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.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maipi ppa ., .such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including"contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project;
5. 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
City of Raleigh
Page 3 of 4
August 11, 2011
(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;
Mitigation:
6. Compensatory Mitigation Using EBX Forrest Creek Mitigation Bank
Mitigation must be provided for the proposed stream impacts as specified in the table below. We
understand that you wish to make a payment to the EBX Forrest Creek Mitigation Bank. These
have been determined by the DWQ to be a suitable method to meet the mitigation requirement.
Until the EBX receives and clears your check, no impacts specified in this Authorization Certificate
shall occur. For accounting purposes, this Authorization Certificate authorizes payment into
the Wetlands Restoration Fund to meet the following compensatory mitigation requirement:
Type of Impact Amount Approved nits Plan Location or Reference
Stream 1,347 [(linear feet) Phase I Application materials
impacts 541 linear feet and
Phase 11 impacts 806 linear
feet
Buffer 117,276 [(square feet) Phase I Application materials
impacts 8,714 square feet of
Zone 1 and Phase II impacts
30,378 square feet of Zone 1
,I :.;i{.u .i.
Please note: *- Actual permanent stream impact will be determined from as-built drawings
7. Diffuse Flow
All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B .0233(5). However, if diffuse flow as per 15A NCAC 02B .0233(5) is not
achieved, then the DWQ shall be notified and corrective actions to restore diffuse flow shall be
taken if necessary to impede the formation of erosion gullies. At no time shall stormwater from
the proposed development be piped,di tiyitt?rough, the buffer without prior DWQ written
?, a
authorization.
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the Wetlands, Buffers, Stormwater, Compliance and Permitting
(WeBSCaPe), North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization. to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your applicatibrild, AI abthonZW by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form from the Office of Administrative Hearings.
You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of

City of Raleigh
l,s
Page 4 of 4
>t t? x August 11, 2011
this notice. A petition is considered filed when it is received in the Office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100-
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shal'1 b6e fih' it and binding.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have
any questions, please telephone Karen Higgins or Ian McMillan at 919-807-6300.
CHS/ jm
Enclosures: GC3819
Certificate of Completion
Sincerely,
oleen H. Sullins
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Phillip Todd, SEPI Engineering and Construction ,i Irc? ,1025 Wade Avenue, Raleigh, NC 27605
Filename: 110567CORaleighCrabtreeBasinWastewaterSystemConveyanceimprovements(Wake)401 NBR_Revised

Merritt, Katie
From: Mcmillan, Ian
Sent: Thursday, September 22, 2011 4:04 PM
To: Merritt, Katie , ,z.;,
Subject: FW: COR Crabtree 401 & Buffer authorization (DWC) #11-0567)
fyi
Ian J. McMillan, PWS, GISP
NCDENR/Division of Water Quality - Wetlands and Stormwater Branch
1650 Mail Service Center
Raleigh, NC 27699-1650
Office: [phone]
Fax: [phone]
Email: ian.mcmillan(a-;ncdenr.gov
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and inay be disclosed to third parties.
From: Phillip Todd [mailto:PTodd(@sepiengineering.comj
Sent: Tuesday, August 02, 20112:49 PM
To: Mcmillan, Ian
Subject: COR Crabtree 401 & Buffer authorization (DWQ #11-0567)
Ian, ;y
Thanks for talking with me today about this 401 and buffer authorization.
Per our conversation today, the City of Raleigh requests that the 401 and buffer authorization be updated to reflect a
conditioned authorization such that COR is authorized to construct Phase I now and then Phase II later after the Forest
Creek Bank Mitigation Site has sufficient buffer and stream impacts to cover the needed mitigation.
The application says on page 13 in each the stream and buffer mitigation sections that "CORPUD requests that the
mitigation for Section 404 Nationwide Permit 12 k e'co'nditioned such that it mitigates only for Phase I impact now, and
then provides mitigation for Phase II prior to commencement of construction. "
Impacts are follows for stream and buffers in Phase I and II. Stream impacts information is from page 12 of the permit
application, whereas buffer impacts are from page 13 of the permit application.
Mitigation for Stream Impacts
Of the 1,864 feet of stream impacts, there will 1,347 feet of permanent impacts and 517 feet of temporary impact. Of
the 1,347 feet of permanent stream impacts, Phase I involves 541 feet, and Phase II involves 806 feet. The permanent
impacts involve the placement of rip rap along the stream banks and stream bed at the toe of slope of the stream bank
and bottom. The NCDWQ determined that these impacts are permanent. For construction purposes, the permanent
impacts are 'overestimated' to ensure the contractor has plenty of room to install the sewer line. CORPUD commits to
provide mitigation for all stream permanent impe'ts with`the-6nderstanding that it will submit 'as-built' drawings of the
sewer line. The exact footage with rip rapped banks''and toe of bank to be mitigated will be determined, and the permit
modified accordingly to note this change.
Mitigation for Buffer Impacts

For buffer impacts, the CORPUD will mitigate for buffer impacts to Zone 1 associated with parallel impacts to the buffer
that are in the new, proposed easement only. Impacts to Zone 1 buffer for parallel impacts total 39,092 square feet, and
are summarized in Table 7.
Table 7. Zone 1 Impact Summary - Parallel Crossings Requiring Mitigation
Mitigation at Mitigation
New Easement (square feet) 3:1 Ratio required
Phase 1 1 8,714 1 3x 26,142
Phase II 1 30,378 1 3x 91,134
TOTAL (square feet) 1 39,092 I I 117,276
At a 3:1 buffer mitigation multiplier, the total square feet of impact for Zone 1 allowable with mitigation impacts is
117,276 square feet. Phase I buffer mitigation total is 26,142 square feet, and the buffer mitigation need for Phase II
totals 91,134 square feet.
If you have any questions or need additional information, please let me know.
Regards,
Phillip Todd
( 'e
1
Phillip C. Todd
ptodd(cDsepiengineering.com
1025 Wade Avenue
Raleigh, NC 27605
[phone] (main)
[phone] (direct)
[phone] (fax)
www.sei)iengineering.com
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