20191637 Ver 1_Apex Stream Determination_20190927

September 27, 2019
Adam Aycock, FI
Mitchell Environmental
1501 Lakestone Village Lane Suite 205
Fuquay-Varina, NC 27526
WATER RESOURCES DEPARTMENT
Subject: Stream 'E' Origin Determination Apex 18-008
Holt Road Assemblage-2
Apex Primary Watershed — Cape Fear Watershed — Jordan Lake Watershed
Dear Mr. Aycock,
On September 11, 2019, James Misciagno and Jessica Bolin went to the subject site to evaluate and
confirm the origin of stream/feature 'E' following the draining of pond 'C'. Based on the information
obtained during the site visit and per the requirements set forth in Section 6.1.11 of the Town Unified
Development Ordinance (L)DO), we have agreed to the origin point of stream 'E' as identified on USGS
field sketch dated September 27, 2019.
Stream 'E' remains a perennial channel with a new origin point as summarized in the table below.
Drainage
Feature
Shown as
on USGS
Shown as on
Soil Survey
Determination made
in the field
Determined Buffer
Width
Stream "E"
intermittent
Perennial
Perennial
100 feet
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the Division of Water Resources (DWR) or Delegated Local
Authority in the Jordan Lake watershed may request a determination bythe DWR Director.
An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and/or adjacent owners) is notified of this letter. A request for a
determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWR —401 &
Buffer Permitting Unit; 1617 Mail Service Center, Raleigh, NC 27699-1617. Otherwise the appeal
procedure will be in accordance with UDO Section 6.1.11.
If you dispute the Director's determination, you may file a petition for an administrative hearing. You
must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of this
notice of decision. 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 8:00am and 5:00pm, except for official State holidays.

To request a hearing, send the original and one (1) copy of the petition to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. A copy of the petition must also be served
to the Department of Natural Resources, c/o Mary Penny Thompson, General Counsel, 1601 Mail Service
Center, Raleigh, NC 27699-1601.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within
sixty (60) days. This project may require a Section 404/401 Permit forthe proposed activity. Any inquiries
should be directed to the US Army Corp of Engineers (Raleigh Regulator Field Office) at [phone].
If you have any questions, please do not hesitate to contact me at [phone].
Sincerely,
Michael S. Deaton, PE
Stormwater & Utility Engineering Manager
Attachments
TOWN OF APEX
The Peak of Good Living
PO Box 25o Apex, NC 27502 1 [phone] 1 www.apexnc.org

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