20220392 Ver 2_Buffer Authorization - Retreat at Friendship-Heelan_20220816

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April 30, 2022
Erica Leatham
M/I Homes of Raleigh, LLC
1511 Sunday Drive, Suite ioo
Raleigh, NC 27607
Subject: Riparian Buffer Authorization Certificate (21-0o6)
Retreat at Friendship - Heelan
Jordan Lake Watershed
Dear Ms. Leatham,
WATER RESOURCES DEPARTMENT
The Town of Apex has received a Request for a "No Practical Alternatives" determination for the
subject private development project. In accordance with UDO Section 6.i.ri(G)(4), you have our
authorization to impact the riparian buffer as shown in the table below for the purposes of
constructing required utilities, roadways and grading for the subject project.
Riparian Buffer Impacts Approved:
Amount of
Amount of
Required
Type of
Total Impact
Plan Location
Total Impact
Mitigation
Mitigation
Impact
rove
Approved ftZ
pp ( )
or Reference
Requiring
Ratio
ftZ
( )
Mitigation (ftZ)
Zone i buffer
8,855
Application
654
3:1
1,962
Zone a buffer
12,284
Application
936
1.5:1
1,404
Zone 3 buffer
282
Application
0
1:1
0
In addition to this buffer authorization, this letter serves as mitigation approval for 11962 ftZ of Zone
i impacts and i.4o4 ftZ of Zone a impacts identified as "allowable with mitigation" in part D of your
application. In accordance with UDO Section 6.1.14(C), payment of a compensatory mitigation fee
is acceptable. The US Army Corps of Engineers approval may also require compensatory mitigation
for wetland impacts. The Town will not approve or release the construction drawings for the
subject project until we receive proof that all required mitigation payments have been
made.
This authorization certificate and mitigation approval is for the purpose and design that is
described in your application and shown on approved construction plans. If you modify your
TOWN OF APEX
The Peak of Good Living
PO Box 25o Apex, NC 27502 1 [phone] 1 www.apexnc.org

Town of Apex
Riparian Buffer Authorization Certificate (20-006)
Page 2 of 3
project, you must notify the Town and you may be required to submit a new application. If the
property is sold, the new owner must be given a copy of this authorization letter and is thereby
responsible for complying with all conditions. As always, you should obtain or otherwise comply
with any other federal, state or local permits before you begin your project. This authorization
requires you to follow the conditions listed below.
The Additional Conditions of the Certification are:
i. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface water standards. The erosion and
sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual, Town standards, and the Town Soil Erosion
and Sedimentation Control ordinance.
a. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control Manual,
Town standards, and Town Erosion Control ordinance. The devices shall be maintained
on all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor -owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed such that no violations of state water
quality standards, statutes, or rules occur.
3. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non -erosive
velocities through the protected stream buffers and will not re -concentrate before
discharging into the stream as identified within 15A NCAC 2B .0267(8) and Town UDO
Section 6.i.11.
TOWN OF APEX
The Peak of Good Living
PO Box 25o Apex, NC 27502 1 [phone] 1 www.apexnc.org

Town of Apex
Riparian Buffer Authorization Certificate (21-006)
Page 3 of 3
Any disputes over determinations regarding this Authorization (associated with the approved
buffer impacts to Zones i and 2) shall be referred in writing to the NC Department of Environmental
Quality (DEQ) Director within thirty (30) days of receipt of this notice for a decision.
To contest the Director's decision, you must file a petition for an administrative hearing. You may
obtain the petition form from the office of Administrative Hearings. You must file the petition with
the office of Administrative Hearings within sixty (6o) days of receipt of this notice. A petition is
considered filed when it is received in the office of Administrative Hearings during normal office
hours. The Office of Administrative Hearings accepts filings Monday through Friday between the
hours of 8:ooam and 5:oopm, except for official State holidays. The original and one (1) copy of the
petition must be filed with the Office of Administrative Hearings.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill Lane, General Counsel
Department of Environmental Quality
16oi Mail Service Center
Raleigh, NC 27699-i6oi
This Authorization shall expire five (5) years from the date of this letter.
This letter does not authorize any impacts to either Waters of the United States or Waters of the
State. Please contact the US Army Corps of Engineers (USACE) or DEQ if any impacts are proposed
to either of these waters.
If you have any questions, please contact me at [e-mail] or [phone].
Sincerely,
Stan Fortier, PE
Senior Engineer
TOWN OF APEX
The Peak of Good Living
PO Box 25o Apex, NC 27502 1 [phone] 1 www.apexnc.org