20240060_NCRR Industrial_NBR_Johnston_EBXMRT.docx.pdf

DocuSign Envelope ID:97358E113-8136A-4E47-91DEA-951D38E2F7DA
o gat STATE
ROY COOPER
Governor
ELIZABETH S.BISER `
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
April 25, 2024
DWR#20240060
Johnston County
North Carolina Railroad Company
Attn: Patricia Haver
2089 Highwoods Blvd.
Raleigh, NC 27604
Delivered via email to: [e-mail]
Subject: APPROVAL of NEUSE RIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL
CONDITIONS
Project: NCRR Industrial (Corner of Hwy 42 East& US 70 Business Hwy West)
Dear Patricia Haver:
You have our approval for the impacts listed below for the purpose described in your application dated
and received by the Division of Water Resources (Division) December 22, 2023,with subsequent
information on February 13, 2024, February 20, 2024, March 21, 2024, April 4, 2024, and April 24, 2024.
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 Amount Approved Mitigation Amount
(units) (units) Required
Permanent Temporary
Buffers—Zone 1
B1: Road Crossing 13,136 (square feet) 0 (square feet) 25,794 credits
[Total reflects 4,538 SF
wetland overlap]
132: Road Crossing—Construction Access 0 (square feet) 3,212 (square feet) 0 credits
Totals 13,136(square feet) 3,212(square feet) 25,794 credits
Buffers—Zone 2
� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA
919.791.4200

DocuSign Envelope ID:97358E1B-8B6A-4E47-9DEA-951D38E2F7DA
NCRR Industrial
DWR#20240060
Buffer Authorization Certificate
Page 2 of 5
133: Road Crossing 8,808 (square feet) 0 (square feet) 12,255 credits
[Total reflects 638 SF
wetland overlap]
134: Road Crossing—Construction Access 0(square feet) 2,356 (square feet) 0 credits
135: Grading/Fill Slope* 3,164(square feet) 0 (square feet) 0 credits
136: Grading/Fill Slope* 2,780 (square feet) 0 (square feet) 0 credits
Totals 14,752(square feet) 2,356(square feet) 12,255 credits
*See Condition#2 below.
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.
Additional Conditions:
1. Mitigation must be provided for the proposed impacts as specified in the table below. The
attached Compensatory Mitigation Responsibility Transfer Forms shall be completed and
provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on
the attached Form(s) for the proposed impacts changes after issuance of this Certificate, then
the Permittee shall request a revised Compensatory Mitigation Responsibility Transfer Form
from the Division prior to conducting any impacts. [15A NCAC 02B.0295, 15A NCAC
02B.0714(12)]
Compensatory Mitigation Required River and Sub-basin Number
Neuse Buffer 38,049 square feet (credits) Neuse River Basin/03020201
2. The plans provided along with the application depict grading activities within Zone 2 of the
protected buffer. This activity is designated as "exempt" under the Buffer Rule provided that fill
is not placed in Zone 1, stormwater flow is maintained as per the Buffer Rule, the disturbed
areas are stabilized and revegetated, and the health of the existing vegetation in Zone 1 is not
compromised. (15A NCAC 02B.0714 (11),15A NCAC 02B.0714 (9)]
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROI IVA
!!l Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
OWwU,,ddFE , �bmoal� /� 919.791.4200

DocuSign Envelope ID:97358E113-8136A-4E47-91DEA-951D38E2F7DA NCRR Industrial
DWR#20240060
Buffer Authorization Certificate
Page 3 of 5
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
consumptive user.
This Authorization shall expire when the corresponding 401 Water Quality Certification Approval
DWR#20240060 expires.
This letter completes the Division's review under the Neuse Riparian Buffer Rules as described in 15A
NCAC 02B .0714. Please contact Zach Thomas at 919-791-4255 or [e-mail] if you
have any questions or concerns.
Sincerely,
n nDoc'u,Siigne'd by:
Y V Ut6d RA
372DCBCB61 EE4A8...
Michael Hall
Regional Supervisor
Division of Water Resources, Raleigh Regional Office
Department of Environmental Quality
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROL
MbfEM,—W10-iI f 919.791.4200

DocuSign Envelope ID:97358E113-8136A-4E47-91DEA-951D38E2F7DA NCRR Industrial
DWR#20240060
Buffer Authorization Certificate
Page 4 of 5
Electronic cc: Perry Isner,Wetlands &Waters, Inc. (via email: [e-mail])
Garretson Browne, Redgate (via email: [e-mail])
Matt Martin, USACE Raleigh Field Office
Gabriella Garrison, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file/Laserfiche
Filename: 20240060 NCRR Industrial NBR Johnston DMS&EBXMRT.docx
D ��� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA
MbfEM,—U10-iI �f 919.791.4200

DocuSign Envelope ID:97358E113-8136A-4E47-91DEA-951D38E2F7DA
STATE
ROY COOPER
Governor
ELIZABETH S.BISER `
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
April 25, 2024
Permittee: Patricia Haver& North Carolina Railroad Company DWR Project#20240060
Project Name: NCRR Industrial County:Johnston
The Division has received a Statement of Availability(SOA)from EBX Neuse I, LLC and Environmental
Banc and Exchange: EBX-Neuse I, LLC Neuse Riparian Buffer Umbrella Mitigation Bank, RES Neuse Buffer
and Nutrient Offset Umbrella Mitigation Bank, RES Poplar Creek Buffer& Nutrient Offset Umbrella
Mitigation Bank, EBX Upper Neuse Riparian Buffer Umbrella Mitigation Bank, RES 2021 Neuse Umbrella
Mitigation Bank, or RES 2022 Phase II Umbrella Mitigation Bank(Mitigation Provider)for the Bucher,
Selma Mill, Hannah Bridge, Meadow Spring, Polecat, Stone Creek, Poplar Creek, Uzzle, Shady Grove,
Wolf King,Thunder Swamp II, and Caraway Bluff II Bank site(s)to satisfy the mitigation requirements set
forth in the Buffer Authorization issued to Patricia Haver& North Carolina Railroad Company, dated
April 25, 2024, as provided in the table below.
Compensatory Mitigation Required River and Sub-basin Number
Neuse Buffer 38,049 square feet (credits) Neuse River Basin/03020201
The Permittee must provide a copy of this form to the Mitigation Provider specified above who will then
sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once the
Mitigation Provider has signed this form, it is the Permittee's responsibility to ensure that a signed copy
of this form and the mitigation transfer certificate is submitted to the Division before conducting any of
the authorized impacts.
The Mitigation Provider verifies that the mitigation requirements (credits)shown above, have been
released and are available at the identified bank site(s). By signing below, the Mitigation Provider is
accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no
more than 25 percent of the total mitigation required by Division can be met through preservation. (15A
NCAC 02H. 0295).
Signature Authority Name (print):
Signature: Date:
� North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 1 3800 Barrett Drive I Raleigh,North Carolina 27609
NORTH CAROLINA
919.791.4200