20220972 Ver 1_Neuse Buffer Authorization_20230112

DocuSign Envelope ID: 663D04EF-7BFF-4E31-BE9A-5458A69F26E2
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
January 12, 2023
DWR # 20220972
Wake County
BCUS Acquisitions, LLC
Attn: Mr. E. William Meyer
4020 West Chase Boulevard, Suite 150
Raleigh, NC 27607
Delivered via email to: [e-mail]
Subject: APPROVAL of NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Ammons Development
Dear Mr. Meyer:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division on July 19, 2022, and subsequent information on September 29, 2022, October
6, 2022, November 28, 2022, December 12, 2022 and January 5, 2023. These impacts are covered by
the Neuse Buffer Rules and the conditions listed below. This Buffer Authorization does not relieve the
permittee of the responsibility to obtain all other required Federal, State, or Local approvals before
proceeding with the project, including those required by, but not limited to, Sediment and Erosion
Control, Non -Discharge, Water Supply Watershed, and/or Stormwater regulations.
The following impacts are hereby approved, provided that all of the Conditions listed below, and all of
the conditions of the Neuse Buffer Rules are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B .0611(b)(2)]
Type of Impact
Amount Approved
Permanent
Amount Approved
Temporary
Mitigation Amount
Required
Buffers — Zone 1
R1
13,021 (square feet)
0 (square feet)
13,021 (square feet)
R3
16,041 (square feet)
0 (square feet)
16,041 (square feet)
Buffers — Zone 2
R1
7,628 (square feet)
0 (square feet)
7,628 (square feet)
R3
8,926 (square feet)
0 (square feet)
8,926 (square feet)
North Carolina Department of Environmental Quality I Division of Water Resources
D ��� 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NOR1H CAROL Na 919.707.9000

DocuSign Envelope ID: 663D04EF-7BFF-4E31-BE9A-5458A69F26E2
BCUS Acquisitions, LLC
DWR# 20220972
Buffer Authorization Certificate
Page 2 of 4
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 Winston Salem
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 Winston Salem 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.
Additional Conditions:
1. Mitigation must be provided for the proposed impacts as specified in the table below. Mitigation is
proposed to be phased according to the table below. The Division has received an acceptance letter
from the Division of Mitigation Services (DMS) to meet this mitigation requirement. Until the DMS
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 Buffer
Authorization Certificate authorizes payment to the DMS to meet the following compensatory
mitigation requirement.
Impact Amount
Compensatory Mitigation
River and Sub -basin
Requiring Mitigation
Required
Number
(zonal multiplier)
Phase 1
13,021 square feet
39,063 (square feet)
Neuse
Buffer Zone 1
03020201
Phase 1
7,628 square feet
11,442 (square feet)
Neuse
Buffer Zone 2
03020201
Phase 4
16,041 square feet
48,123 (square feet)
Neuse
Buffer Zone 1
03020201
Phase 4
8,926 square feet
13,389 (square feet)
Neuse
Buffer Zone 2
03020201
2. When final design plans are completed for Roadway Crossing R3 the Permittee shall submit a copy
to the Division for review. Final designs shall reflect all appropriate avoidance, minimization, and
mitigation for impacts to buffers. The Permittee shall submit a permit modification request if the
impacts from the final design of R3 are different than those identified in this approval. No
construction activities (including temporary impacts) shall begin at impact area R3 until after a
permit modification has been secured, or the Division has acknowledged review of the final design
drawings.
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoalHcaaD_NA 919.707.9000

DocuSign Envelope ID: 663D04EF-7BFF-4E31-BE9A-5458A69F26E2 BCUS Acquisitions, LLC
DWR# 20220972
Buffer Authorization Certificate
Page 3 of 4
Any additional impacts to buffers as a result of future roads, buildings, driveways, utility lines or
other development related activities within the Ammons Development may require a modification
of this Buffer Authorization Certificate.
4. The Permittee shall secure an approved stormwater management plan (SMP) from Wake County
before any impacts authorized in this authorization occur. The applicable portion of the approved
SMP shall be constructed and operational before any permanent building or other permanent
structure is occupied at the site. If any of the SCMs are used as an Erosion and Sediment Control
device, it must be restored to the approved stormwater design condition within 30 days of close-out
of the Erosion and Sediment Control Plan. The SMP shall be designed to ensure compliance with the
Neuse Buffer Rules 15A NCAC 02B .0714.
5. All wetlands, streams, and surface waters located within 50 feet of the construction area on the
project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing
activities and must be maintained on the property until the project phase is completed.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the
presentation of proper credentials, the Division may inspect the property.
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.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Authorization Certificate in accordance with N.C.G.S 15013-23(a).
This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor
does it create any prescriptive right or any right of priority regarding any usage of water. This
Authorization Certificate shall not be interposed as a defense in any action respecting the determination
of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this
Authorization Certificate to possess any prescriptive or other right of priority with respect to any other
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoalHcaaD_NA 919.707.9000

DocuSign Envelope ID: 663D04EF-7BFF-4E31-BE9A-5458A69F26E2 BCUS Acquisitions, LLC
DWR# 20220972
Buffer Authorization Certificate
Page 4 of 4
consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was
initiated or expanded.
This Authorization shall expire when the corresponding 401 Water Quality Certification Approval
DWR#20220972 expires.
This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A
NCAC 02B .0714. Please contact Sue Homewood at 336-776-9693 or Sue. [e-mail] if you
have any questions or concerns.
Sincerely,
DocuSigned by:
A43C72700BD543E...
Katie Merritt, Acting Supervisor
401 & Buffer Permitting Branch
Electronic cc: Chris Huysman, Wetland & Waters
Samantha Dailey, USACE Raleigh Regulatory Field Office
DWR RRO
DWR 401 & Buffer Permitting Branch Electronic file
North Carolina Department of Environmental Quality I Division of Water Resources
D Q�� 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NOR1H CAROL NA " 919.707.9000