20201242 Ver 1_Approval Letter_20210113

DocuSign Envelope ID: 051351 E6B-AD43-43DA-94CC-FA29AF66B8D0
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
M/I Homes of Raleigh, LLC
Attn: Erica Leatham
1511 Sunday Drive, Suite 100
Raleigh, NC 27519
NORTH CAROLINA
Environmental Quality
January 12, 2021
DWR # 20201242
Durham County
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL
CONDITIONS
Sykes Property
Dear Ms. Leatham:
You have our approval for the impacts listed below for the purpose described in your application dated
November 13, 2020, received by the Division of Water Resources (Division) November 13, 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 Certificate shall expire five (5) years from the date of this
letter.
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
Amount Approved
(units)
(units)
Permanent
Temporary
Buffers — Zone 1
B1: Utility Line
434 (square feet)
0 (square feet)
DE Q�� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA
OepetlMeMof Env1wn..Mel Uual1 /`� 919.791.4200

DocuSign Envelope ID: 051351 E613-AD43-43DA-94CC-FA29AF66138D0
Sykes Property
DWR# 20201242
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 a Statement of Availability letter from EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella
Mitigation Bank (EBX-Neuse 1) or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank (EBX) to
meet this mitigation requirement. The specific bank site to be debited will be Buffalo Branch, Selma
Mill, Cedar Grove, Hatley, Ezell, Bucher, Polecat, Hannah Bridge, Meadow Spring, Uzzle, Poplar Creek
and Stone Creek all located in HUC 03020201. Until 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 EBX-Neuse I or EBX to meet the following compensatory mitigation requirement [15A NCAC
02H .0506 (b)(6)]:
Compensatory Mitigation
Bank Sponsor
River & Sub -basin Number
Required
Buffer-
Neuse: 03020201-Outside Falls
1,302 (square feet)
EBX-Neuse I, LLC or EBX
Zone 1
Lake Watershed
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]
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 Department of Environmental
Quality:

DocuSign Envelope ID: 051351 E6B-AD43-43DA-94CC-FA29AF66B8D0
Sykes Property
DWR# 20201242
Buffer Authorization Certificate
Page 3 of 3
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under the Neuse River 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,
DOCUSigned by:
8CDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Deborah Shirley, Soil & Environmental Consultants, PA (via email)
DWR 401 & Buffer Permitting Branch electronic file