20211588 Ver 2_Buffer Approval Letter_20220617

DocuSign Envelope ID: 35EEA263-3FDB-49DD-8BC9-OCB885E5B5B3
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
June 17, 2022
Southern Purchasing Group, LLC
Attn: Nathan Becker
3209 Poole Road
Raleigh, NC 27610
(via email [e-mail])
\f QaAri Na j
NORTH CAROLINA
Environmental Quality
DWR # 20211588 v2
Wake County
Subject: APPROVAL OF NEUSE RIVER BASIN RIPARIAN BUFFER IMPACTS WITH
ADDITIONAL CONDITIONS
500 Rawls
Dear Nathan Becker:
You have our approval for the impacts listed below for the purpose described in your application dated
March 25, 2022, received by the Division of Water Resources (Division) March 25, 2022 with payment
received April 1, 2022, and additional information received on the following dates: March 29, 2022; April
18, 2022; May 31, 2022; June 1, 2022; June 2, 2022; and June 3, 2022. 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 when the corresponding 401 Water Quality Certification
Approval DWR#20211588 v2 expires.
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
B 1: Road Crossing — Non -Perpendicular
6,142
(square feet
0
(square feet
B2: SCM Outlet
607 (square
feet
0
(square feet
133: SCM Outlet
501 (square
feet
0
(square feet
134: Utility Crossing
2,220
(square feet
0
(square feet
Buffers — Zone 2
B 1: Road Crossing — Non -Perpendicular
4,155
(square feet
0
(square feet
132: SCM Outlet
433 (square
feet
0
(square feet
133: SCM Outlet
399 (square
feet
0
(square feet
134: Utility Crossing
1,095
(square feet
0
(square feet
NORTHCAROLINAD_E Q �
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North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
919.791.4200

DocuSign Envelope ID: 35EEA263-3FDB-49DD-8BC9-OCB885E5B5B3 500 Rawls
DWR# 20211588 v2
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 approved Bank Sponsor(s) EBX- Neuse I, LLC Neuse Riparian
Buffer Umbrella Mitigation Bank and EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank
[herby known as Bank Sponsor(s)]. Specific bank sites that may be debited will be Buffalo Branch,
Bucher, Selma Mill, Cedar Grove, Polecat, Stone Creek, Hannah Bridge, Meadow Spring, Poplar Creek,
Uzzle and/ or Hatley, all located in HUC 03020201. Until the Bank Sponsor(s) 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 the Bank Sponsor(s) to meet the following compensatory mitigation requirement [15A NCAC
02H .0506 (b)(6)]:
Compensatory Mitigation
Bank Sponsor
River & Sub -basin Number
Required
Buffer -Zone 1
18,426 (square feet)
EBX-Neuse I, LLC and/or
Neuse: 0302020 1 -Outside
EBX
Falls Lake Watershed
Buffer -Zone 2
6,233 (square feet)
EBX-Neuse 1, LLC and/or
Neuse: 03020201-Outside
EBX
Falls Lake Watershed
Total:
24,659 (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 (919)
431-3000.
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA
oeprnmam or En.imn—WI aum�
919.791.4200

DocuSign Envelope ID: 35EEA263-3FDB-49DD-8BC9-OCB885E5B5B3 500 Rawls
DWR# 20211588 v2
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 Colleen Cohn at 919-791-4258 or Colleen. Cohnkncdenr.gov if
you have any questions or concerns.
Sincerely,
E5DocuSigned by:
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BCDAM825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: Camden Brunick, Soil & Environmental Consultants (via email)
Deborah Shirley, Soil & Environmental Consultants (via email)
DWR 401 & Buffer Permitting Branch electronic file
North Carolina Department of Environmental Quality I Division of Water Resources
IE Q
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA �
oeprnmam or En.imn—tat aum�
919.791.4200