20211472 Ver 3_365 S. Walker St_NCDWR Minor Buffer Variance Application_2021-10-07_20230117

Buffer• • •
A NCAC 0 233 (8)(b), . 43 (8)(b , .0250 1)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2)
Protection and Maintenance of Riparian Areas Rules - Variance Application
FORM: VAR 10-2018
General Project Information
A. General Project Information
Water Resources
For instructions on how to fill out this form, seethe Major and Minor Variance Help Document posted on DWR's 401 & Buffer
Permitting page.
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions
are answered.
la. Is this a transportation project?* G Yes
Q No
B. Please Identify Which Riparian Area Protection Rule Applies:
1. Type of Variance: r Major Variance
c: Minor Variance
Link to the 401 and Buffer Permitting Statues and Rules: https://deq.nc.gov/about/divisions/water-resources/water-resources-rules/401-
certification-express-revievwstatutes-ru les-gu ides
r Neuse River Basin (15A NCAC 02B.0233)
r Catawba River Basin (15A NCAC 02B.0243)
r Randleman Lake Watershed (15A NCAC 02B.0250)
r Tar -Pamlico River Basin (15A NCAC 02B.0259)
r Jordan Lake Watershed (15A NCAC 02B.0267)

Applicant/Owner Information
C. Applicant/Owner Information
Who is submitting the application:* IJ Owner
r- Applicant other than Owner
IJ Agent
Check all that apply.
Primary Contact: Troy Beasley
This is for who should be notified if a payrrent is required.
Primary Contact Email: [e-mail]
1. Property Owner:
................
1a. Name:* Rigsby Holding, LLC
1b. Title: Sally Web
1c. Mailing Address:* Street Address
306 Keener Street
Address Line 2
City State / Province / Region
Cary North Carolina
Postal / Zip Code Country
27511 United States
1d. Telephone:* 9193959623
le. Email Address:* [e-mail]
3. Agent Information:
............................................................................
3a. Name:* Troy Beasley
3b. Company Affiliation:* WithersRavenel, Inc
3c. Mailing Address:* Street Address
219 Station Road
Address Line 2
Suite 101
City State / Province / Region
Wilmington North Carolina
Postal / Zip Code Country
28405 United States
3d. Telephone:* 9105096512
3e. Email Address:* [e-mail]
3f. Attach an agent authorization form.*

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SIGNED_Agent Authorization_Rigsby Holding LLC.pdf 166.8KB
FDF Only

Project Information
D. Project Information
1. Project Name:* 365 S. Walker Street
(Subdivision, facility, or establishment narre)
2. County(ies)*
Wake
3. Property Location:
3a. Property Address:*
Street Address
365 S. Walker Street
Address Line 2
Qty
State / Province / Region
Cary
North Carolina
Postal / Zip Code
Country
27511
United States
3b. Latitude: 3c. Longitude:
35.78321696086148-78.77829785180931
3d. Attach an 8 % x 11 excerpt from the most recent version of the USGS topographic map indicating the location
of the site.
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USGS Quad Exhibits.pdf 409.38KB
FDF Only
* USGS Topo look up
3e. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map
depicting the project site.
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Wake Co.Soil Survey.pdf 167.76KB
FDF only
Link to Soil Surveys for North Carolina Counties. (Please see instructions in the Help Document to determine the most recent
published version.)
4. Property Information:
4a. Parcel Identification Number (PIN)
0764507055
4b. Date Property Purchased:
06/01 /2018
rmn'dd/yyyy
n
n

Type Book# Page#
ofBoo
of Book
Deed 017144 :::] 1 00678
4d. Attach a copy of the recorded map that indicates when the lot was last platted.
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RO Heater Subdivision Plat-1 945 & 1954 Deed.pdf 657.67KB
FDF Only
4e. Is your project in one of the 20 Coastal Counties covered under the Coastal Area Management Act (CAMA)?*
C Yes (-- No
4f. Is the project located within a NC DCM Area of Environmental Concern (AEC)?*
r Yes c: No c' Unknown
5. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
Stream 1 - UT to Walnut Creek F ;NSW
7. List any permits/approvals that have been requested or obtained for this project in the past.
Date Applied Date Received Permit Type

Proposed Activity
E. Proposed Activity
1. Provide a detailed description of the proposed activity including its purpose:*
The purpose of the project is to construct two buildings which will each contain two 3-story condos with 2-car garages
beneath each unit for parking on the 0.29 acre parcel in order to meet the existing demand for residential housing in
Cary. The buildings will be connected by enclosed breezeways at the third floors to provide internal amenity areas,
making the design a single structure to meet Town of Cary zoning requirements. The buildings will be accessed with
a shared driveway from Fairview Drive to the north. The driveway will extend south of the buildings to allowsufficient
area for cars to back out of the two southernmost garages and turn around to drive out. Site fill will be graded at a
3:1 slope to transition back to natural grade. The backslope will be vegetated with grass and other landscaping
plants. The architectural renderings have been provided to show 3D model what the buildings will look like once
constructed.
There is a small residential dwelling currently on the property which was built in 1953 and already encroaches into
the riparian buffer. The entirety of the riparian buffer is currently maintained as mowed lawn, with woody vegetation
present other than one oak tree (see attached site photo). The southern property line is a depicted stream (UT to
Walnut Creek) and the 50' NRBs encumber approximately 1/3 of the property.
Due to the small size of the parcel and residential zoning, stormwater management is not required by the Town of
Cary as the certified municipality. Runoff from the buildings and driveway will flow through weep holes in the
foundation wall and into the vegetated slope before sheet flowing into the remaining riparian buffer.
The property owner discussed the proposed project with Erin Deck with NCDWR on 3/19/2021
2. Attach a site plan as applicable to the project:
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365 S. Walker St. Buffer Impact_2021-11-04.pdf 1.79MB
365 S. Walker St Architectural Drawings.pdf 1.44MB
Site Conditions Exhibit.pdf 325.07KB
FDF only
" Below is a link with instructions on what you will need to show on your site plan.
http://edocs.deq. nc.gov/WaterResou rces/0/doc/402224/Page 1.aspx
1Z

Proposed Impacts and Mitigation Information
F. Proposed Impacts and Mitigation Information
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
1 a. Site# - Reason 1 b. Buffer 1 c. Stream Name 1 d. Mitigation 1 f. Zone 1 1 g. Zone 2
Impact* Required?
Impact 1 - Building 1 Permanent Stream 1 Yes 0.00 442.00
rvbp label (e.g. Finad Grossing 1) (P) Square Feet Square Feet
Impact 2 - Driveway
Permanent
Stream 1
Yes
0.00
502.00
Ivbp label (e.g. Finad Grossing 1)
(P)
Square Feet
Square Feet
Impact 3 - Building 2
Permanent
Stream 1
Yes
0.00
79.00
Ivbp label (e.g. Finad Grossing 1)
(P)
Square Feet
Square Feet
Impact 4 - Site Grading
Permanent
Stream 1
No
0.00
757.00
Ivbp label (e.g. Finad Grossing 1)
(P)
Square Feet
Square Feet
Impact 5 - Site Grading
Permanent
Stream 1
Yes
490.00
0.00
Ivbp label (e.g. Finad Grossing 1)
(P)
Square Feet
Square Feet
1 h. Total Zone 1 Impacts: 490.00
1i. Total Zone 2 Impacts: 1,780.00
1j. Total Buffer Impacts: 2,270.00
1 k. Comments:
The proposed Impacts 1, 2, 3 & 5 are considered "Allowable with Exception" and require mitigation. Impact 4 consists
of grading and revegetation within Zone 2, which is classified as "Deemed Allowable". Since the total buffer impacts
are less than 1/3 acre, the proposed impacts require a minor variance.
The project has been designed to minimize impacts to Zone 1 to the greatest extent possible while maintaining a
feasible project. The proposed grading for backslopes within the buffers will be at a 3:1 slope to further minimize
buffer impacts. The slope will stabilized with a permanent root reinforcement mat and planted with grasses.
As part of the Town's site plan approval, the applicant will be required to plant the remaining riparian buffer. While
the landscaping plan has not been finalized at this point, the planting plan will include a minimum of 23 native trees in
order to meet the 320 trees per acre at maturity requirement of NCDWQ Clarification Memo #2008-016. In addition to
the trees, the area will be planted with a variety of native grasses and shrubs, resulting in the restoration of the
riparian buffer which will provide nutrient removal as intended by the Neuse River Riparian Buffer Rule.
Calculated Mitigation
11. Zone 1
Total Impact Multiplier Required Mitigation
490.00
3
1,470.00
Square Feet
Square Feet
1Z
n
1m. Zone 2

Total Impact Multiplier Required Mitigation
1,023.00
1.50
1,534.50
Square Feet
Square Feet
2. Mitigation Information
2a. What is the mitigation plan proposed for this project?*
Pr Payment to private mitigation bank
r Payment to Division of Mitigation (DMS)
r- Permittee responsible mitigation
2d. Attach statement of availability from mitigation provider.*
RES—Buffer SOA 2021-10-05.pdf 119.03KB
2f. Comments:
The proposed project requires 3,004.50 sf of riparian buffer mitigation. The applicant proposes to purchase the
required buffer mitigation from RES. The Statement of Availability from RES is attached to this application.
n

Stormwater Information
G. Stormwater
1. Provide a description of how diffuse flow will be maintained through the protected riparian buffers (e.g., re-
planting vegetation or enhancement of existing vegetation, gutter splash pads, level spreader to control of
runoff from impervious surfaces, etc.).*
Due to the size of the lot and residential zoning, stormwater management is not required by the Town of Cary as the
certified municipality. The roofs will drain to the driveway, where stormwater runoff will then drain to the south and out
of weep holes in the foundation wall and into the vegetated slope before sheetflowing into the remaining riparian
buffer. The remaining riparian buffer will be planted with native trees, shrubs and grasses to both stabilize the buffer
and provide nutrient removal.
2. Show the location of diffuse flow measure(s) on your site plan.
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FDF only
3. Attach a completed Level Spreader Supplement Form or BM Supplement Form with all required items for
each proposed measure.
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FDF Only
4. Attach an Operation and Maintenance (O&M) Form for each proposed level spreader or BMP.
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FDF Only

Demonstration of Need
H. Demonstration of Need for a Variance l�J
The variance provision of the riparian buffer rules allows the ❑vision or the Environmental fvbnagerrent Cornrission to grant a variance when there are practical difficulties or
unnecessary hardships that prevent compliance with the strict letter of riparian buffer protection.
1. Explain how complying with the provisions of the applicable rule would prevent you from securing a
reasonable return from or make reasonable use of your property. Merely proving that the variance would permit
a greater profit from the property shall not be considered adequate justification for a variance. The Division will
consider whether the variance is the minimum possible deviation from the terms of the applicable Buffer Rule
that shall make reasonable use of the property possible.*
The property is a small (0.29 acres) parcel, which was subdivided from a larger parcel in 1954. There is no recorded
map for the original creation of the parcel. Based on research of the historic deeds, the parcel was created "by deed"
when the property was transferred from the Philbricks to J. L. Perry (BK: 1144; PG: 368). This is the first time that the
description of the current boundaries of the subject parcel appear in the deed history. The parcel was established
prior to the effective date of the Neuse River Riparian Buffer Rules. The current property owner (applicant)
purchased the property on May 31, 2018 (BK: 17144; PG: 0678).
There is a small residential dwelling (1300 sf) currently on the property which was built in 1953 and already
encroaches into the riparian buffer. Additionally, the existing buffers are maintained as mowed lawn with no woody
vegetation other than one oak tree, and the project would not result in removing high quality riparian buffers (see
attached site photo). The southern property line is a depicted perennial stream (UT to Walnut Creek) and the 50'
NRBs encumber approximately 42% of the property. The remaining developable land within the property is further
reduced by the Town of Cary's setbacks and sidewalk easement. The property located within the "Town Center
District" zoning district and the proposed project concurrent with the permitted uses for the existing zoning. The
proposed development is consistent with the new development within general area, including the new townhomes on
the three lots adjacent to property to the south, as well as multi -family development within the Town of Cary
Downtown Park to the west. The small size of the lot along with the riparian buffers and setbacks prevent the owner
from constructing a single family residence on the property of sufficient size to get a reasonable return on the
property. The proposed project would make reasonable use of the property in concert with the Town of Cary's vision
for the Town Center District zoning while generating a reasonable return on their property.
2. Explain how the hardship results from application of the Buffer Rule to the property rather from other factors
such as deed restrictions or other hardships (e.g. zoning setbacks, floodplains, etc).*
The application of the Neuse River Buffer Rule would eliminate 42% of the property as developable and effectively
renders that entire property undevelopable as the remaining developable area would be too small to construct a
single family house of sufficient size within downtown Cary at current real estate values to provide a reasonable
return on the property. The parcel was created in 1954, well before the effective date of the Neuse River Riparian
Buffer Rule.
3. Explain whether the hardship was caused by the applicant knowingly or unknowingly violating the applicable
Buffer Rule.*
The applicant has not violated the Neuse River Riparian Buffer Rules. The riparian buffers have been historically
maintained as mowed lawn, with no woody vegetation other than one oak tree.
4. Explain how the hardship results from physical nature of the property, such as its size, shape, or topography,
which is different form that of neighboring property.*
The southern property boundary is a UT to Walnut Creek which is subject to riparian buffers. The property is small,
consisting of 0.29 acres. The riparian buffers encumber 42% of the property, leaving only 0.12 acres of developable
area outside of the buffers which is further constrained by the required setbacks. The subject property has the
shortest depth of all adjacent properties along Fairview Drive also adjacent to the UT to Walnut Creek. This makes
the conditions of this property unique in that the short depth of the parcel reduces the buildable area in conjunction
with stream buffers and setbacks as compared to the adjacent properties.
The topography of the site varies approximately 7ft north to south, with an elevation of 487' at Fairview Drive and an
elevation of 480' at the stream. In order to develop this property, the site needs to be filled to create a level surface
for the buildings. Additionally the Town is restricting access to Fairview Drive only, which is the highest elevation on
the site. The alternative would be to excavate the higher portion of the site along Fairview Drive to match the grade
at the rear of the buildings, however this would create such a steep slope for the driveway that this option is not
feasible. Therefore, impacts to the riparian buffers are necessary for construction of the proposed project.

5. Explain how the hardship is rare or unique to the applicant's property, rather than the result of conditions that
are widespread.*
As previously stated, the application of the Neuse River Riparian Buffer Rule results in 42% of the property not being
developable and effectively renders the entire property undevelopable while remaining concurrent with the e)asting
zoning. Additionally, the Town restricting access to Fairview Drive is an additional hardship as the access must be
within the highest elevations on the parcel, requiring the building area to be filled in order to achieve the necessary
grades for the driveway.
For Neuse, Tar -Pamlico, Jordan Lake and Goose Creek only:
6. Did the applicant purchase the property after the effective date of the applicable Buffer Rule and then request
a variance?*
The applicant did purchase the property after the effective date of the Neuse River Riparian Buffer Rule. However,
the parcel was created in 1954, prior to the effective date and the application of the Neuse River Riparian Buffer
Rule creates a hardship on the property for a reasonable use and reasonable return on the property. The
owner/applicant purchased the property in 2018 with the intent of redeveloping the property, and was not aware that
the e)asting house was nonconforming with the Neuse River Riparian Buffer Rules and could not be redeveloped
without a variance.

Sign and Submit
I. Sign and Submit
Deed Restrictions
By your signature of this application, you certify that all structural stormwater BMPs required by this variance shall be located in recorded
drainage easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence
from the State, and that the easements will be recorded prior to the sale of any lot.
Applicant's Certification
I, certify that the information included on this permit application form is correct, that the project will be constructed in conformance with
the approved plans and that the deed restrictions will be recorded with all required permit conditions.
* W By checking the box and signing the box below I certify that:
By digitally signing below, I certifythat:
o I have given true, accurate, and complete information on this form;
o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform
Electronic Transactions Act")
o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform
Electronic Transactions Act");
o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
o I intend to electronically sign and submit this form.
Print Name:* Troy Beasley - WithersRavenel - Authorized Agent
Signature *
Submission Date: Autonaticallyfilled in

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1/ Engineers I Planners I Surveyors
CARY WAKE COUNTY NORTH CAROLINA

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B86i 144PGO0368
r r D E E D^
CLARENCE R. PHILBRICK ET UK, CORINNE S.,ET ALS :. NORTE CAROLINA
DEED
TO WAKE COUNTY
J. L. PERRY THIS DEED, Made this gth, day of
March, 1954, by Clarence R. Philbrick
and wife, Corinne S. Philbrick; Clem
B. Holding, Trustee, and the First
Federal Savings and Loan Associati.on,
a corporation organized and doing business
under the laws of the State of North
Carolina, party of the first part, to
J. L. Perry, party of the second part,
all of Wake County, North Carolina;
WITNESSETH, That the said Clarence
R. Philbrick and wife, Corinne S. Philbrick, in consideration of One Hundred Dollars ($100.00)
and other good and valuable considerations to them paid by the party of the second part, the
receipt of which is hereby acknowledged, have bargained and sold, and by these presents do
grant, bargain, sell and convey to said party of the second part, his heirs and assigns, a
certain tract or parcel of land located in Cary Township, Wake County, North Carolina, and more
particularly described as follows:
BEGINNING at a point on the east side of Walker St., said point being 179.5 Ft. from the
northeast intersection of Walnut St, and Walker St.; runs thence along the east side of Walker
St. 130 Ft. to a stake, the southeast intersection of Fairview Drive and Walker St; runs
thence easterly along the south side of Fairview Drive 100 Ft., more or less, to a stake, the
northwest corner of Lot No. 34 of the Russell 0. Heater property; runs thence in a southerly
direction along the west line of said Lot No. 34 a distance of 147.7 Ft. to a stake in a
branch; runs thence in a northwesterly direction along said branch 109 Ft. to the point and
place of Beginning, and being all of the second tract described in deed recorded in Book 922,
Pape 28; and all of the second Lot and a part of the first lot described in deed recorded in
Book 912, Payee 4, ?lake County Registry.
TO HAVE AND TO FOLD the aforesaid tract or parcel of land, and all privileges and appurte-
nances thereto belonging, to the said party of the second part, his heirs and assigns, to his
only use and behoof forever.
And the said Clem B. Foliinq, Trustee, and the First Feder:!l Savings and Loan Associ-tion
jain in the execution of this deed for the sole purpose of releasing part or Che cbova described
tract of land from the operation. end lizn of a certain deed of trust dated July 13, 1950 by
Clarence R. Philbrick and wife, Corinne S. Philbrick, securing a note of even date in the amount
of �!2,.800.00 and recorded in Book 1051, Page 167, Wake County :iegistry, and it is fully under-
stood that by so doing the said Clem B. Holding, Trustee, and the First Federal Savings and
Loan Association releases from the lien of said deed of trust only that part of the above des-
cribed tract of land included in said deed of trust, and said deed of trust still constitutes
a valid lien against the remaining tract of land described in said deed of trust and not herein
conveyed.

BK001144PGO0369 369
And the said Clarence R. Philbrick and safe, Corinne S. Philbrick, for themselves snd their
heirs, executors and administrators, covenant with said party of the second part, his heirs and
assigns, t'zat they are seized of said premises in fee and have the right to convey in fee simple;
t3.nt the same are free cnd clear from all encumbrances and that they do hereby forever warrant
and will forever defend the said title to the same against the claims of all persons whomsoever.
In testimony whoreof, t1:a said Clarence R. Philbrick an:: wife, Corinne S. Philbrick; and
the said Clem B. Hol-lina, Trustee, have h•areuntn set their lands and seals and the First Federal
Saw,inas and Loan Association have caused this died to be signed by its President, and the
corporate seal placed hereuoon, and its attestation made by its Secretary all by order of its
Board of Directors, the day and year first above written.
CLARENCE 2. PHIL3RICK (SEAL)
CORI�*NT S. 7141LBRICK (SEAL)
CLEM 3. HOLDING, Trustee (SEAL)
(CORPORATR SEAL) FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION
BY: B. 9. BENSON
President
ATTEST:
R. L'. 35AM
Secretary
NORTH CAROLINA
;!AK": COUNTY
1, Lucy W. Perry, Notary Public, do hereby certify that Clarence R. Philbrick and wife,
Corinne S. Philbrick, personally appeared before me and acknowledged the one execution of the
annexed deed of conveyance.
Witness my hand and Seal, this 9th. day of April, 1954.
(NMT;'S `.L SEAL) LUCY W. PERRY
NOTARY PUBLIC
P`y Comm. expires: 10-19-54
NORTH CAROLINA
VAK= VAIN'-Y
I, Alice H. Williams, a Notary Public in and for the said State and County, do hereby certify
that the said Clem B. Holding, Trustee, personally appeared before me this day and acknowledged
the due execution of th•a foregoing; and annexed Deed of Release.
''IITNr,SS my hand and notarial seal, this 20th. day of torch, 1954.
(NO-AIIAL SFAL) ALILF A. WILLIAMS
NOTARY pU3LIC
illy Comm. expires: June 26, 1955
NORTH CAROLINA
WAK77 C'7JWY
This lath. day of M? rch, 1954, personally came before me, Alice H. Williams, a Notary Public
in and for thi aforesaid State and County, R. D. 'Beam, :oho being duly sworn, says that Ine knows
the common seal of the First Federal Savings and Loan Association of Raleigh and is acquainted
with B. '3. 9enson, President of the said corporation, and that he, the said R. D. Beam, is
Secretary of said corporation and saw the said B. B. Ranson, President, sign the foregoing and

Ha"1144PG00370
annexed Deed of Release, and that he, the said R. D. Beam, Secretary as aforesaid, affixed said
common seal of said corporation to said instrument and that he, the said R. D. Beam, signed his
name in attestation of the execution of the said instrument in the presence of said President
of said corporation.
WITNESS my hand and notarial seal, this 20 day of March, 1954.
NOTAIIAL SEAL) ALICE H. WILLIAMS
NOTARY PUBLIC
My Comm. expires: June 26, 1955
STATE OF NORTH CAROLINA
WAKT5 C0UNTY
The foregoing certificates of Lucy W. Perry, a Notary Public of Wake County, State of
North Carolina, and Alice H. Williams, a Notary Public of Wake County, State of North Carolina,
are adjudged to be correct. Let the instrument with the certificates, be registered.
?'TSTPIESS my hand this the 9 day of April, 1954.
LUCY Lv_'ffS
DEP. C. S. C.
Filed for Registration at 9:50 o'clock A. M. April 9, 1954, and registered in the office of
the Register of Deeds of ;Vane County, North Carolina, in Book 1144, Page 368, April 13, 1954•
W. 13fl0KER REGISTER DF DEjDS
H DEPUTY
P , d
" D E E D ^
WILLIAM JOSLIN, CO"SUSSIONER NORTH CAROLINA
TO WAKE COUNTY
J. W. BUNN THIS DEED, made and entered unto the 12 day of
April, 1954, by and between William Joslin, Commissioner,
pursuant t❑ a judgment entered in the Superior Court
of Wake County, North Carolina, in the action entitled
"City ❑f Raleigh vs. Raleigh Real Estate and Trust
Company, J. W. Bunn and Mrs. J. W. Bunn,n party of the
first part, to J. W. Bunn of Wake County, North Carolina,
party of the second part;
W I T H E S S E T H:
Whereas, the said William Joslin, Commissioner,
under authority of the judgment of the Honorable Henry L. Stevens, Jr., Judge presiding over
the courts of the Seventh Judicial District, in the case entitled "City of Raleigh vs. Raleigh
Real Fstate and Trust Co., J. W. Bunn and Mrs. J. W. Bunn," said order being dated Feb. 23,. 19543
did, on the 29th. day of March, 1954 after due advertisement according to law, and as directed
by said judgment, expose the land hereinafter described to Public sale at the Wake County Court-
house in Raleigh, North Carolina, where and when the said J. W. Bunn became the last and highest
bidder for said land for the sum ❑f R350.00; and
Whereas, more than ten days have elapsed since said sale and the report thereof to the
court without any advance or upset bid being offered and without any exceptions being filed,
and the said sale having been confirmed by order of the Clerk of Superior Court and the said

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fires
EBX Buffer Mitigation Banks
Statement of Availability October 5, 2021
NC Division of Water Resources
Rick Trone
512 N. Salisbury St.
Archdale Building, 9th floor
Raleigh, NC 27604
Re Project: 365 S. Walker Street
This document confirms that the Rigsby Holding, LLC (Applicant) for the 365 S. Walker Street
(Project) has expressed an interest to utilize 3,004.50 Square Feet of Riparian Buffer Mitigation
Credits from one or both of the following banks, EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella
Mitigation Bank or EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank. Specific bank sites
that will 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, all located in HUC
03020201. As the official Bank Sponsor, EBX-Neuse I, LLC and EBX, attests to the fact that mitigation
is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
Please contact me at 919-209-1075 or cparker&res.us if you have any questions or need additional
information.
Best Regards,
Caitlan B. Parker
Resource Environmental Solutions, LLC
701 E. Bay Street, Suite 306
Charleston, SC 29403
Bank Sponsor — EBX-Neuse I, LLC or Environmental Banc & Exchange (EBX)