20201262 Ver 1_Buffer Approval Letter_20210901

September 1, 2021

DWR # 20201262
Wake County

State of North Carolina
Attn: Mark Edwards
State Property Office
1321 Mail Service Center
Raleigh, NC 27699
(delivered via email to [e-mail])

Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
New NC Department of Health and Human Services Campus

Mr. Edwards,
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 14, 2021 (fee receipt date) with
subsequent information on July 15, 2021, and August 31, 2021. These impacts are covered by the Neuse
Buffer Rules and the conditions listed below. 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
B1: Impact Area A 4,860 (square feet) 0 (square feet)
B2: Impact Area C 3,127 (square feet) 0 (square feet)
B3: Impact Area D 476 (square feet) 0 (square feet)
Buffers – Zone 2
B1: Impact Area A 4,737 (square feet) 0 (square feet)
B2: Impact Area C 1,321 (square feet) 0 (square feet)
B3: Impact Area D 1,582 (square feet) 0 (square feet)
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
DocuSign Envelope ID: 25C9278B-9240-45E9-9725-5DAB13612244

State of North Carolina
DWR# 20201262
Buffer Authorization Certificate
Page 2 of 3

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.
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.
Additional Conditions:
1. Compensatory Mitigation Using the North Carolina Division of Mitigation Services
Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received a Statement of Acceptance letter from the NC Division of Mitigation Services to meet
this mitigation requirement. Until NC DMS 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 DMS 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 10,809 (square feet) NC DMS Neuse 03020201
Buffers-Zone 2 4,355 (square feet) NC DMS Neuse 03020201

This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the
presentation of proper credentials, the Division may inspect the property.

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 (919)
431-3000.
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
DocuSign Envelope ID: 25C9278B-9240-45E9-9725-5DAB13612244

State of North Carolina
DWR# 20201262
Buffer Authorization Certificate
Page 3 of 3

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.
This Authorization shall expire when the corresponding 401 Water Quality Certification Approval
DWR#20201262 expires.
This letter completes the Division’s review 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: Kelly Roth, McAdams Company (via email)
Lyle Phillips, USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch electronic file

Filename: 20201262 Ver 1_New NC Department of Health and Human Services Campus_Wake_401 IC.docx

DocuSign Envelope ID: 25C9278B-9240-45E9-9725-5DAB13612244