20200597 Ver 2_Buffer Approval Letter_20220426

DocuSign Envelope ID: CBEE0193-5B9B-4E72-9B44-38040881E802
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
April 8, 2022
City of Raleigh Public Utilities Depai Invent
Attn: Matthew Cotton
1 Exchange Plaza, Suite 620
Raleigh, NC 27601
(via email [e-mail])
NORTH CAROLINA
Environmental Quality
DWR # 20200597 v2
Wake County
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
Big Branch Sewer
Dear Mr. Cotton:
You have our approval for the impacts listed below for the purpose described in your application dated
January 18, 2022, received by the Division of Water Resources (Division) January 18, 2022, and payment
received February 10, 2022, with additional information received January 20, 2022, and February 17,
2022. This Authorization replaces the Authorization issued July 23, 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 shall when the corresponding 401 Water Quality Certification Approval
DWR#20200597 v2 expires.
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)]
NORTH CAROLINA
Department M Environmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: CBEE0193-5B9B-4E72-9B44-38040881E802
Big Branch Sewer
DWR# 20200597 v2
Buffer Authorization Certificate
Page 2 of 4
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Buffers — Zone 1
B1: Easement Expansion
1,406 (square feet)
0 (square feet)
B2: Easement Expansion
733 (square feet)
0 (square feet)
B3: New Easement
667 (square feet)
0 (square feet)
B4: Stabilization
107 (square feet)
0 (square feet)
B5: New Easement
330 (square feet)
0 (square feet)
B6: Stabilization
15 (square feet)
0 (square feet)
B7: Easement Expansion
4,071 (square feet)
0 (square feet)
B8: Sewer Crossing
1,432 (square feet)
0 (square feet)
B9: New Easement
2,675 (square feet)
0 (square feet)
B10: New Easement
2,306 (square feet)
0 (square feet)
B11: Sewer Crossing
3,059 (square feet)
0 (square feet)
B12: New Easement
5,072 (square feet)
0 (square feet)
B15: Sewer Crossing
1,737 (square feet)
0 (square feet)
B16: Easement Expansion
1,538 (square feet)
0 (square feet)
B17: Sewer Crossing
231 (square feet)
0 (square feet)
B18: Sewer Crossing
302 (square feet)
0 (square feet)
Buffers — Zone 2
B1: Easement Expansion
1,290 (square feet)
0 (square feet)
B2: Easement Expansion
712 (square feet)
0 (square feet)
B3: New Easement
2,429(square feet)
0 (square feet)
B4: Stabilization
190 (square feet)
0 (square feet)
B5: New Easement
1,430 (square feet)
0 (square feet)
B6: Stabilization
294 (square feet)
0 (square feet)
B7: Easement Expansion
5,371 (square feet)
0 (square feet)
B8: Sewer Crossing
366 (square feet)
0 (square feet)
B9: New Easement
12,175 (square feet)
0 (square feet)
B10: New Easement
1,566 (square feet)
0 (square feet)
B11: Sewer Crossing
1,067 (square feet)
0 (square feet)
B12: New Easement
3,495 (square feet)
0 (square feet)
B15: Sewer Crossing
654 (square feet)
0 (square feet)
B16: Easement Expansion
1,250 (square feet)
0 (square feet)
B17: Sewer Crossing
204 (square feet)
0 (square feet)
B18: Sewer Crossing
83 (square feet)
0 (square feet)
£ D_E
NORTHCAROLINA
Department of Environmental Duel
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: CBEE0193-5B9B-4E72-9B44-38040881E802
Big Branch Sewer
DWR# 20200597 v2
Buffer Authorization Certificate
Page 3 of 4
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 Mitigation Credit Transfer Certificates from the RES Neuse Buffer and Buffer
Offset Umbrella Mitigation Bank (EBX-Neuse I, LLC) for 10,784.14 ft2 from the Stone Creek Site and
52,914.86 ft2 from the Selma Mill Site dated December 22, 2020. The total amount of Buffer Mitigation
Credits purchased for DWR 20200597 Version 1 is 63,699 ft2.
The Division has received a Statement of Availability letter from EBX-Neuse I, Neuse Riparian Buffer
Umbrella Mitigation Bank (EBX-Neuse I, LLC) and the EBX Upper Neuse Riparian Buffer Umbrella
Bank (EBX) to meet this mitigation requirement located in HUC 03020201.Specific bank sites that will
be debited will be from the following: Buffalo Branch, Bucher, Selma Mill, Cedar Grove, Polecat, Stone
Creek, Hannah Bridge, Meadow Spring, Poplar Creek, Uzzle, and/or Hatley. Until EBX-Neuse I, LLC
and/or 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-Neuse I, LLC and/or EBX to meet the following compensatory mitigation requirement
[15A NCAC 02H .0506 (b)(6)]:
Compensatory
Mitigation Required
Bank Sponsor
River & Sub -basin Number
Riparian Buffer*
63,699 (square feet)
EBX-Neuse I, LLC and/or
EBX
Neuse: 03020201-Outside
Falls Lake Watershed
Riparian Buffer
2,568 (square feet)
EBX-Neuse I, LLC and/or
EBX
Neuse: 03020201-Outside
Falls Lake Watershed
Total:
66,267 (square feet)
*Mitigation required by DWR#20200597 vl issued July 23, 2020. Paid December 22, 2020.
Justification: A project that affects waters shall not be permitted unless the existing uses, and the water
quality to protect such uses, are protected. In determining that the proposed activity will comply with
state water quality standards (including designated uses, numeric criteria, narrative criteria and the
state's antidegradation policy), the project must provide for replacement of existing uses through
compensatory mitigation.
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.
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]
£ D_E
NORTHCAROLINA
Department of Environmental Duel
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: CBEE0193-5B9B-4E72-9B44-38040881E802
Big Branch Sewer
DWR# 20200597 v2
Buffer Authorization Certificate
Page 4 of 4
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 Depaitinent of Environmental
Quality:
William F. Lane, General Counsel
Depai tiuent of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).
This letter completes the review of the Division under the Neuse River Riparian Buffer Rules as described
in 15A NCAC 02B .0714. Please contact Colleen Cohn at [e-mail] or 919-791-4258 if
you have any questions or concerns.
Sincerely,
r
DocuSigned by:
U1,
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: DWR 401 & Buffer Permitting via Laserfiche
David G. Cooper, VHB (via email)
£ D_E
NORTHCAROLINA
Department of Environmental Duel
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200