20201259 Ver 2_401 Assemblage_DWR Buffer Authorization (20201259 Ver 1)_20210215

DocuSign Envelope ID: 197FBC97-9683-45DE-948F-D1 E9C75437A0
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
RST Development, LLC
168 Business Park Drive
Suite 200
Virginia Beach, VA 23462
via email to [e-mail]
NORTH CAROLINA
Environmental Quality
December 17, 2020
DWR # 20201259
Wake County
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
401 Assemblage
Sir,
You have our approval for the impacts listed below for the purpose described in your
application dated October 23, 2020, received by the Division of Water Resources (Division) on
October 23, 2020 with additional information received on November 5, 2020 and December 1,
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 replaces a previous version dated December 10, 2020 and 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
(units)
Permanent
Amount Approved
(units)
Temporary
Buffers — Zone 1
1A: Road Crossing
3,162 (square feet)
0 (square feet)
1B: Road Crossing
2,918 (square feet)
0 (square feet)
North Carolina Department of Environmental Quality i Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA �
n..d-.m pf EnWrp n. l Q.fily r 919,707.9000

DocuSign Envelope ID: 197FBC97-9683-45DE-948F-D1 E9C75437A0
2: Road Crossing
8,597 (square feet)
0 (square feet)
3: Aerial Sanitary Sewer
1,514 (square feet)
0 (square feet)
Buffers — Zone 2
1A: Road Crossing
2,510 (square feet)
0 (square feet)
1B: Road Crossing
2,484 (square feet)
0 (square feet)
2: Road Crossing
7, 928 (square feet)
0 (square feet)
3: Aerial Sanitary Sewer
1,281 (square feet)
0 (square feet)
4: Greenway crossing
353 (square feet)
0 (square feet)
5: Greenway crossing
307 (square feet)
0 (square feet)
6: Greenway crossing
165 (square feet)
0 (square feet)
Additional Conditions:
1. 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), RES Neuse Buffer and Nutrient Offset
Umbrella Mitigation Bank (RES), 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 sites to be debited may 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 1,
RES 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 1, RES, or EBX to
meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory Mitigation
Required
Bank Sponsor
River & Sub -basin Number
Buffers-
Neuse: 03020201-Outside Falls
25,791 (square feet)
EBX-Neuse I, LLC or EBX
Zone 1
Lake Watershed
Buffers-
Neuse: 03020201-Outside Falls
11,892 (square feet)
EBX-Neuse I, LLC or EBX
Zone 2
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.

DocuSign Envelope ID: 197FBC97-9683-45DE-948F-D1 E9C75437A0
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 . izip://www.ncoan.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:
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 Rick Trone at 919-707-3631 or
[e-mail] if you have any questions or concerns.
Sincerely,
DocuSigned by:
949191BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Group
Division of Water Resources, NCDEQ
cc: Lauren Norris -Heflin, Timmons Group (via email)
DWR 401 & Buffer Permitting Branch electronic file