20211472 Ver 1_Approval Letter_20211217

December 17, 2021

DWR # 2021472
Wake County

Rigsby Holdings, LLC
Attn: Sally Webb
306 Keneer Street
Cary, NC 27511
(Delivered via email to [e-mail])

Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
EXCEPTION (MINOR VARIANCE) WITH ADDITIONAL CONDITIONS
365 S. Walker Street, Cary

Dear Ms. Webb:

You have our approval for the impacts listed below for the purpose described in your application dated
October 7, 2021, received by the Division of Water Resources (Division) October 7, 2021 with additional
information received on December 17, 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.

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
B5: Site Grading 490 (square feet) 0 (square feet)
Buffers – Zone 2
B1: Building 1 442 (square feet) 0 (square feet)
B2: Driveway 502 (square feet) 0 (square feet)
B3: Building 2 79 (square feet) 0 (square feet)
B4: Site Grading 757 (square feet) 0 (square feet)
DocuSign Envelope ID: C6D9AC63-88C1-4A3C-88BC-2AFBD1808A66
365 S. Walker Street, Cary
DWR# 2021472
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 Riparian Buffer Umbrella Buffer
Mitigation Bank or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank (EBX) sites to meet
this mitigation requirement. Specific bank sites to be debited will either be Buffalo Branch, Bucher,
Selma Mill, Cedar Grove, Polecat, Stone Creek, Hannah Bridge, Meadow Spring, Poplar Creek, Uzzle
and/or Hatley located in HUC 03020201. 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 Certification
shall occur. For accounting purposes, this Certification 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 1,470 (square feet) EBX-Neuse I-LLC or
EBX
Neuse: 03020201-Outside
Falls Lake Watershed
Buffer-Zone 2 1,534.5 (square feet) EBX-Neuse I-LLC or
EBX
Neuse: 03020201-Outside
Falls Lake Watershed
Total: 3004.5 (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
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].

DocuSign Envelope ID: C6D9AC63-88C1-4A3C-88BC-2AFBD1808A66
365 S. Walker Street, Cary
DWR# 2021472
Buffer Authorization Certificate
Page 3 of 3

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 Stephanie Goss at 919-791-4256 or
[e-mail] if you have any questions or concerns.

Sincerely,

Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ

cc: DWR 401 & Buffer Permitting via Laserfiche
Troy Beasley, WithersRavenel (via email)
DocuSign Envelope ID: C6D9AC63-88C1-4A3C-88BC-2AFBD1808A66