20171593 Ver 1_Approval Letter_20180125

Water Resources
ENVIRONMENTAL QUALITY
January 25, 2018
City of Raleigh
Public. Utilities Department
Attn: Dennis Lassiter
222' W.'Hargett Street
Raleigh, NC 27601
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
DWR # 17-1593
Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B .0233)' WITH ADDITIONAL CONDITIONS
North Hills'Sewer Outfall Improvements
Dear Mr. Lassiter:
You have our approval for the impacts listed below for the purpose described in your
application dated December 11, 2017 and received by the Division of Water. Resources
(Division) on December 12, 2017 with additional information received on January 24, 2018.
These impacts are covered by the attached Water Quality General Certification Number. 4,133
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 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 0213
.0233(8)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web.•lwq/aps
1628 Mail. Service Center, Raleigh, NC 27699-1628, Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919)'788-7159

North Hills Sewer Outfall Improvements
DWR #17-1593
401 AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Buffer
12,420 (square feet)..,
S1=Construction Access -Site 1
0 (linear feet)
240 (linear feet)
S2 -Utility Crossing/Bank Stabilization -Site. 2
290 (linear feet)
0 (linear feet)
S3 -Construction Access -Site 4
0 (linear feet)
95 (linear feet)
Buffers -Zone 1
131 -Construction Easement -Site 1
0 (square feet)
3,227 (square feet)
132 -Construction Easement -Site 2
0 (square feet)
1,395 (square feet)
B4 -Utility Easement -Site 4
4,140 (square feet)
0 (square feet)
Buffers -Zone 2
B1 -Construction Easement -Site 1
0 (square feet)
2,300 (square feet)
B2 -Construction Easement -Site 2
0 (square feet)
907 (square feet)
133 -Utility Easement -Site 3
151 (square feet)
0 (square feet-)
B4 -Utility Easement -Site 4'
543 (square feet)
0 (square feet)
2. Diffuse Flow
All stormwater must be directed and maintained as diffuse flow at non-erosive velocities
through the protected stream buffers sucIh that it will not re -concentrate before discharging
into a stream. [15A NCAC 02H .0506(b)(5)]
3. Compensatorv'Mitieation 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 to meet this mitigation
requirement., The specific bank site to be debited will be Arrington Bridge I, Arrington
Bridge II, Buffalo Branch, Selma Mill, Cedar Grove, Hatley, or Ezell, all located in HUC.
03020201. Until the EBX receives and cle'a'rs°your payment, and proof of payment has been
provided to this Office, no impacts specified in "this Authorization Certificate shall occur. For
i
accounting purposes, this Authorization Certificate authorizes payment to the EBX to meet
the following compensatory mitigation requirement [15A NCAC 02H .0506 ,(b)(6)]:
-4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands; waters, or riparian areas
beyon'd'the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
Compensatory Mitigation
Required
Bank Sponsor
River & Sub -basin Number
Buffer
12,420 (square feet)..,
EBX.& EBX-Neuse I, LLC
03020201
-4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands; waters, or riparian areas
beyon'd'the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of

North Hills Sewer Outfall Improvements
DWR #17-1593
401 AND BUFFER APPROVAL
Page 3 of 5
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur. [15A IV CAC 02H .0501
and .0502]
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
warni,ng,fencing (or similar high visibility material) foe,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 .05.00. [15A NCAC 021-11.05 , 06 (b)(2) and (.c)(2') and 15A NCAC
02H ':0507'(c)]
6. 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 the Certification and
Buffer Authorization. If you change your project, you !mu'st notify the Division and you may
be required to submit a new application package with' the appropriate fee. If the property is
sold, We new owner must begiv'dn ;alco'py of this approval Letter and General Certification
and is responsible for complying withall conditions. [15A NCAC 02B .0507(d)(2)]
7. This approval and its conditions 'are final and binding unless contested. [G.S. 1437215.51
This Certification and.Buffer Authorisation can be contested as provided in Articles 3 and 4 of -
General Statute 150B by filing a written petition for an administrative hearing to the Office -of
Administrative Hearings (hereby kriowrr as OAH). A petition form may be obtained .from the
OAH at http://www.ncoah.com/ or b" . ailing the OAH Clerk's Office'at [phone] for
information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with'the
OAH. 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 Maif';
via the US Postal Service:
Office of Administrative Hearings
.6714 Mail,Service Center 1
Raleigh, NC 27699=6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

North Hills Sewer Outfall Improvements
DWR #17-1593
401 AND BUFFER APPROVAL
Page 4 of 5
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:
Karen Higgins
NC DWR-401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Neuse River Riparian Buffer Protection Rules as described in 15A NCAC 02B .0233. Please
contact Stephanie Goss at 919-791-4256 or [e-mail] if you have any
questions or concerns.
Si cerel ,
�rJ �
Danny Smith
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4133

North Hills Sewer Outfall Improvements
DWR #17-1593
401 AND BUFFER APPROVAL
Page,5 of 5
cc: U.S. Army Corps of, Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
William Sullivan via e-mail at William.suilivan@kimley,-horn.com