20200205 Ver 1_Mitigation Evaluation_20211123

Strickland, Bev
From: Barrett Jenkins <[e-mail]>
Sent: Tuesday, November 23, 2021 3:05 PM
To: Cotton, Matt; 'Christopher Burkhardt'
Cc: Goss, Stephanie; Merritt, Katie
Subject: [External] RE: Riparian Buffer Transaction - Harris Creek Interceptor #20-0205
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All,
NCDWR has audited Restoration Systems' Weaver Farm Riparian Buffer Credit Transactions completed in 2020 and
notified us of a correction needed to our documentation regarding NCDWR Permit #2020-0205 for the Harris Creek
Interceptor.
Restoration Systems sold 10,345.50 riparian buffer credits to Raleigh on October 2, 2020 as detailed in the attached
Mitigation Credit Transfer Certificate. I have added clarifying language to the certificate that the buffer mitigation credit
purchase from our Weaver Farm Bank only satisfies a portion of the 28,622 square feet of buffer mitigation credit
required by NCDWR for the Harris Creek Interceptor project. The conditional 401 permit approval dated September 30,
2020 is attached to the transfer certificate for your reference. It is my understanding that the remaining required credits
were purchase from the RES — Poplar Creek Mitigation Bank.
Thanks,
Barrett Jenkins
Restoration Systems, LLC
1

Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh NC 27604
919-755-9490 [e-mail] www.restorationsystems.com
Mitigation Credit Transfer Certificate
October 2, 2020
City of Raleigh, Public Utilities Department
Attn: Matthew Cotton
222 West Hargett Street
Raleigh, NC 27601
Weaver Farm Branch Bank Parcel ID: DWR #2017-0110V2
Local Government: NC Division of Water Resources
Project Name: Harris Creek Interceptor
NCDWR Permit #: 2020-0205
Riparian Buffer Credits Transferred: 10,345.50
River Basin: Neuse 03020201
You have elected to fulfill your permitted buffer mitigation requirements by participating into Restoration
Systems’ Neuse River Basin Riparian Buffer and Nutrient Mitigation Umbrella Bank.
The Bank has transferred the riparian buffer mitigation for the above referenced project. Riparian buffer impacts
occurred in the Neuse River Basin. The amount of buffer mitigation required is specified and verified by DWR in
permit # 2020-0205 and includes a total of 28,622 sqft. This transaction accounts for only 10,345 sqft of buffer
mitigation credit and the remaining credits must be purchased from another bank.
You must also comply with any other state, federal or local government permits or authorization associated
with this activity including SL 2009-337, An Act to Promote Compensatory Mitigation Banks. This
participation into the Bank is not transferable. If you have any questions or need additional information,
please contact Tiffani Bylow at [phone].
Sincerely,
Tiffani Bylow
CC: (at a later date) DWR-Katie Merritt, Nutrient Offset Bank Coordinator
September 30, 2020
DWR #20-0205 revised
Wake County
City of Raleigh, Public Utilities Department
Attn: Matthew Cotton
222 West Hargett Street
Raleigh, NC 27601
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B .0714) WITH ADDITIONAL CONDITIONS
Harris Creek Interceptor
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 February 5, 2020 with
payment received on February 28, 2020 with additional information received on April 16, 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 revised 401 Water Quality
Certification and Authorization Certificate for DWR #20-0205 replaces the 401 Water Quality
Certification and Authorization Certificate for DWR #20-0205 issued on April 21, 2020 and
September 25, 2020.
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
.611]
Harris Creek Interceptor
DWR #20-0205
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Wetland
W1: Utility Installation 0.060 (acres) 0 (acres)
W1: Utility Installation 0 (acres) 1.11 (acres)
W1: Utility Installation 0 (acres) 0.060 (acres)
W1: Utility Installation 0.020 (acres) 0 (acres)
W1: Utility Installation 0 (acres) 0.130 (acres)
Stream
S1: Utility Installation 0 (linear feet) 40 (linear feet)
Buffers – Zone 1
B1: Utility Installation 0 (square feet) 3,161 (square feet)
B2: Utility Installation 2,946 (square feet) 0 (square feet)
B4: Utility Installation 0 (square feet) 986 (square feet)
Buffers – Zone 2
B1: Utility Installation 0 (square feet) 4,401 (square feet)
B2: Utility Installation 13,189 (square feet) 0 (square feet)
B3: Utility Installation 0 (square feet) 496 (square feet)
B4: Utility Installation 0 (square feet) 1,614 (square feet)
2.Dispersed Flow
All stormwater must be directed and maintained as dispersed flow, as defined in 15A NCAC
02H .0100, at non-erosive velocities through the protected stream buffers such that it will
not re-concentrate before discharging into a stream. [15A NCAC 02B .0714 (9)]
3.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 Restoration Systems, LLC and
the Weaver Farm Nutrient Mitigation Bank, EBX-Neuse I, LLC Neuse Riparian Buffer
Umbrella Mitigation Bank (EBX-Neuse I), 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
Weaver Farm, Arrington Bridge I, 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 Restoration Systems, LLC, EBX-Neuse I 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 Restoration Systems, LLC, EBX-Neuse I or EBX to meet the
following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Harris Creek Interceptor
DWR #20-0205
401 AND BUFFER APPROVAL
Page 3 of 5
Compensatory
Mitigation Required
Bank Sponsor River & Sub-basin
Number
Buffer-Zone 1 8,838 (square feet) EBX-Neuse I, LLC or EBX and
Restoration Systems, LLC
03020201-Outside Falls
Lake Watershed
Buffer-Zone 2 19,784 (square feet) EBX-Neuse I, LLC or EBX and
Restoration Systems, LLC
03020201-Outside Falls
Lake Watershed
Total: 28,622 (square feet)
4.The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .0200] 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.
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 (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)]
6.This approval is for the purpose and design described in your application. Th e 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)]
7.This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]

Harris Creek Interceptor
DWR #20-0205
401 AND BUFFER APPROVAL
Page 4 of 5

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:
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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:
If sending via delivery service
(e.g. UPS, FedEx):
Paul Wojoski
NC DWR – 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Paul Wojoski
NC DWR – 401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604
Harris Creek Interceptor
DWR #20-0205
401 AND BUFFER APPROVAL
Page 5 of 5
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 .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
Enclosure: GC 4133
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr.,
Ste. 105; Wake Forest, NC 27597
DWR RRO 401/Riparian Buffer file
DWR 401 & Buffer Permitting Unit via Laserfiche
Christopher J. Burkhardt via e-mail at [e-mail]