20202025 Ver 1_Buffer Approval Letter_20210616

DocuSign Envelope ID: 20C7C781-6FC9-4A80-8E8F-BF4A90329D3C
ROY COOPER
Governor
JOHN NICHOLSON
Interim Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
June 16, 2021
Ashton Raleigh Residential, LLC
Attn: Raymond Rinker
5711 Six Forks Road, Suite 300
Raleigh, NC 27609-3888
(via email [e-mail])
DWR # 20202025
Wake County
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
The Point South
Dear Mr. Rinker:
You have our approval for the impacts listed below for the purpose described in your application dated
April 28, 2021 received by the Division of Water Resources (Division) April 28, 2021, with payment
received April 29, 2021. 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 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
B1: Road Crossing
6,221 (square feet)
0 (square feet)
B2: Street Widening
947 (square feet)
0 (square feet)
B3: Street Widening
2,521 (square feet)
0 (square feet)
B4: Dam Construction
6,673 (square feet)
0 (square feet)
B5: Dam Construction
19,206 (square feet)
0 (square feet)
Buffers — Zone 2
B1: Road Crossing
4,167 (square feet)
0 (square feet)
B2: Street Widening
1,298 (square feet)
0 (square feet)
B3: Street Widening
1,106 (square feet)
0 (square feet)
B4: Dam Construction
3,198 (square feet)
0 (square feet)
B5: Dam Construction
1,863 (square feet)
0 (square feet)
B6: Dam Construction
2,835 (square feet)
0 (square feet)
DE
NORTH CAROLINA
nee anent ofen imwnmantal ar
North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
919.791,4200

DocuSign Envelope ID: 20C7C781-6FC9-4A80-8E8F-BF4A90329D3C
The Point South
DWR# 20202025
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 EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation
Bank (EBX-Neuse I, LLC) or EBX Upper Neuse Riparian Buffer Mitigation Bank (EBX). Specific bank
sites that will be debited are Buffalo Branch, Bucher, Selma Mill, Cedar Grove, Ezell, Polecat, Stone
Creek, Hannah Bridge, Meadow Spring, Poplar Creek, Uzzle and/or Hatley to meet this mitigation
requirement. Until EBX-Neuse I, LLC 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, LLC or EBX to
meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory Mitigation
Required
Bank Sponsor
River & Sub -basin
Number
Buffer -Zone 1
2,841 (square feet)
EBX-Neuse I, LLC or EBX
03020201-Not in Falls
Lake Watershed
Buffer -Zone 2
1,947 (square feet)
EBX-Neuse I, LLC or EBX
03020201-Not in Falls
Lake Watershed
Total: 4,788 (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]
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

DocuSign Envelope ID: 20C7C781-6FC9-4A80-8E8F-BF4A90329D3C
The Point South
DWR# 20202025
Buffer Authorization Certificate
Page 3 of 3
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:
William F. Lane, General Counsel
Depailinent 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:
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Jennifer Burdette, McAdams Co. (via email)
DWR 401 & Buffer Permitting via Laserfiche