20210050 Ver 2_Approval Letter_20210812

August 12, 2021

DWR # 20210050 Ver 2
Durham County

Durham Public Schools
Mr. Bernard Hall
211 Hamlin Road
Durham, NC 27704
(Delivered via email to [e-mail])

Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER RIPARIAN BUFFER PROTECTION
RULES (15A NCAC 02B .0714) WITH ADDITIONAL CONDITIONS
Northern High School Replacement Project

Mr. Hall,

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 July 20, 2021. This letter shall act as your
Authorization Certificate Approval as described within15A NCAC 02B .0611(b). These impacts are
covered by the Neuse Buffer Rules and the conditions listed below. This Authorization Certificate
replaces the Authorization Certification issued on April 5, 2021. This Buffer Authorization does not
relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals
before proceeding with the project, including those required by, but not limited to, Sediment and
Erosion Control, Non-Discharge, Water Supply Watershed, and/or Stormwater regulations.
The following impacts are hereby approved, provided that all of the Conditions listed below, and all of
the conditions of the Neuse Buffer Rules are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B .0611(b)(2)].

Type of Impact

Amount Approved (units)
Permanent

Amount Approved (units)
Temporary

Buffers – Zone 1
Impact area 1 (stream SE) 14,928 (square feet) 0 (square feet)
Impact area 1 (stream SD) 2,619 (square feet) 0 (square feet)
Impact area 1 (stream SD) 5,575 (square feet) 0 (square feet)
Impact area 1 (stream SD) 1,774 (square feet) 0 (square feet)
Impact area 1 (stream SD) 1,279 (square feet) 0 (square feet)
Impact area 2 (stream SD) 844 (square feet) 0 (square feet)
Impact area 3 (stream SD) 906 (square feet) 0 (square feet)

Impact area 4 (stream SD) 853 (square feet) 0 (square feet)
Impact area 4 (stream SD) 791 (square feet) 0 (square feet)
Impact area 5 (stream SD) 847 (square feet) 0 (square feet)
Impact area 5 (stream SD) 6,792 (square feet) 0 (square feet)
Impact area 6 (stream SD) 40 (square feet) 0 (square feet)
Impact area 7 (stream SD) 943 (square feet) 0 (square feet)
Impact area 8 (stream SD) 1,024 (square feet) 0 (square feet)
Impact area 9 (stream SA) 914 (square feet) 0 (square feet)
Buffers – Zone 2
Impact area 1 (stream SE) 7,119 (square feet) 0 (square feet)
Impact area 1 (stream SD) 587 (square feet) 0 (square feet)
Impact area 1 (stream SD) 4,985 (square feet) 0 (square feet)
Impact area 1 (stream SD) 182 (square feet) 0 (square feet)
Impact area 2 (stream SD) 773 (square feet) 0 (square feet)
Impact area 3 (stream SD) 631 (square feet) 0 (square feet)
Impact area 4 (stream SD) 609 (square feet) 0 (square feet)
Impact area 4 (stream SD) 1,984 (square feet) 0 (square feet)
Impact area 5 (stream SD) 672 (square feet) 0 (square feet)
Impact area 5 (stream SD) 4146 (square feet) 0 (square feet)
Impact area 6 (stream SD) 654 (square feet) 0 (square feet)
Impact area 7 (stream SD) 655 (square feet) 0 (square feet)
Impact area 8 (stream SD) 670 (square feet) 0 (square feet)
Impact area 9 (stream SA) 615 (square feet) 0 (square feet)

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 and Environmental Banc & Exchange to
meet this mitigation requirement. The specific bank site to be debited may be Cedar Grove, Hatley, or
Bucher all located in HUC 03020201. Until EBX receives and clears your payment, and proof of payment
has been provided to this Office, no impacts specified in this Certification shall occur. For accounting
purposes, this Certification authorizes payment to EBX to meet the following compensatory mitigation
requirement [15A NCAC 02B .0714(12)]:

Compensatory
Mitigation
Compensatory
Mitigation Required
Bank Sponsor River & Sub-Basin
Number
Buffers-Zone 1 61,512 (square feet) EBX-Neuse I, LLC Neuse: 03020201
Buffers-Zone 2 10,678.5 (square feet) EBX-Neuse I, LLC Neuse: 03020201
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 .0714].
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.

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 Authorization Certificate neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor
does it create any prescriptive right or any right of priority regarding any usage of water. This
Authorization Certificate shall not be interposed as a defense in any action respecting the determination
of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this
Authorization Certificate to possess any prescriptive or other right of priority with respect to any other
consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was
initiated or expanded.
This Authorization shall expire when the corresponding 401 Water Quality Certification Approval #
20210050 Ver 1 expires.
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as described in
15A NCAC 02B .0714. Please contact Rick Trone at [e-mail] if you have any questions or
concerns.

Sincerely,

Paul Wojoski, Supervisor
401 & Buffer Permitting Branch

cc: Anna Reusche, SEPI Engineering and Construction Inc. (via email)
April Norton, USACE Raleigh Regulatory Field Office (via email)

DWR 401 & Buffer Permitting Branch electronic file

Filename: 20210050 Ver 2_Northern High School Replacement Project_Durham_NBA