20220223 Ver 1_Revised Buffer Approval Letter_20220603

DocuSign Envelope ID: DC846155-1 1 CO-4072-8C4C-OD80AF6EE2BO
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHAM E. ROGERS, JR.
Director
June 8, 2022
City of Raleigh Public Utilities Department
Attn: Aaron Brower
1 Exchange Plaza, Suite 620
Raleigh, NC 27601
(via email [e-mail])
\f QaAri Na j
NORTH CAROLINA
Environmental Quality
DWR # 20220223
Wake County
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
Richland Creek Outfall Replacement and Short Sewer Extension
Dear MT. Brower:
You have our approval for the impacts listed below for the purpose described in your application dated
February 7, 2022, received by the Division of Water Resources (Division) February 7, 2022, with
payment received February 14, 2022, and additional information received on the following dates:
February 22, 2022,; April 7, 2022; April 14, 2022; June 6, 2022; and June 7, 2022. This Authorization
replaces the Authorization issued June 3, 2022. 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.
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)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers — Zone 1
B1: Sewer Replacement
0 (square feet)
2,067 (square feet
132: Sewer Replacement
0 (square feet)
6,545 (square feet
133: Sewer Replacement
0 (square feet
2,324 (square feet
B5: Sewer Replacement
0 (square feet)
788 (square feet)
B6: New Sewer Crossing
2,384 (square feet
4,172 (square feet
B7: New Sewer Crossing
1,623 (square feet
3,905 (square feet
138: Sewer Replacement
0 (square feet
1,352 (square feet
Buffers — Zone 2
B1: Sewer Replacement
0 (square feet)
5,284 (square feet)
B2: Sewer Replacement
0 (square feet
4,251 (square feet
133: Sewer Replacement
0 (square feet
1,542 (square feet
134: Sewer Replacement
0 (square feet
2,145 (square feet
135: Sewer Replacement
0 (square feet
3,844 (square feet
136: New Sewer Crossing
368 (square feet)
1,663 (square feet)
137: New Sewer Crossing
238 (square feet
737 (square feet
138: Sewer Replacement
1 0 (square feet
881 (square feet
NORTHCAROLINAD_E Q� I
Daper•maro M Envlronmantal We
N.411,00"
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: DC846155-1 1 CO-4072-8C4C-OD80AF6EE2BO
'ichland Creek Outfall Replacement and Short Sewer Extension
DWR# 20220223
Buffer Authorization Certificate
Page 2 of 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 an acceptance letter from the approved Bank Sponsor(s) EBX-Neuse I, LLC Neuse Riparian
Buffer Umbrella Mitigation Bank, RES Neuse Buffer and Nutrient Offset Umbrella Mitigation Bank,
RES Poplar Creek Buffer & Nutrient Offset Umbrella Mitigation Bank, EBX Upper Neuse Riparian
Buffer Umbrella Mitigation Bank, RES 2021 Neuse Umbrella Mitigation Bank, RES 2022 Phase II
Umbrella Mitigation Bank, and Wildlands Holdings III, LLC Moccasin Creek Mitigation Banking
Instrument [hereby known as Bank Sponsor(s)]. Until the Bank Sponsor(s) receives and clears your
payment, and proof of payment has been provided to this Office, no impacts specified in this
Authorization shall occur. For accounting purposes, this Authorization authorizes payment to the Bank
Sponsor(s) to meet the following compensatory mitigation requirement [15A NCAC 02B .0295 (f) & (g)]:
Compensatory Mitigation
River & Sub -basin Number
Required
Buffer -Zone 1
36,252 (square feet)
Neuse: 03020201-Outside Falls Lake
Watershed
Buffer -Zone 2
0 (square feet)
Neuse: 03020201-Outside Falls Lake
Watershed
Total:
36,252 (square feet
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] 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 htlp://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
NoarHcnaouNn 919.791.4200
oepanmem or enrimnmenWl ouai�

DocuSign Envelope ID: DC846155-1 1 CO-4072-8C4C-OD80AF6EE2BO
:ichland Creek Outfall Replacement and Short Sewer Extension
DWR# 20220223
Buffer Authorization Certificate
Page 3 of 3
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department 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
Authorization Certificate in accordance with N.C.G.S 15013-23(a).
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
DWR#20220223 expires.
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 919-791-4258 or [e-mail] if
you have any questions or concerns.
Sincerely,
DocuSigned by:
S(hf vivusbw
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
Kevin Martin, Soil & Environmental Consultants (via email)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
NoarHcnaouNn 919.791.4200
oepanmem or enrimnmenWl ouai�