20200943 Ver 1_Buffer and/or Stream Determination_20200723

ROY COOPER
Governor
MICHAEL S.
REGAN
Secretary
S. DANIEL SMITH
Director
To: Preston Butler, Carolina Ecosystems
NORTH C, ROLINA
Environmental Quality
July 23, 2020
From: Rob Ridings, NC Division of Water Resources, Transportation Permitting Branch
Subject: Town of Apex Project: West Chatham Street, Wake County, Unnamed Tributaries to Beaver Creek.
DWR #20200943.
Determination for Applicability to the Jordan Buffer Rules (15A NCAC 213.0267) and Stream Mitigation Rules (15A NCAC
2H.0506[h]).
Dear Mr. Butler:
The NC Division of Water Resources reviewed your Buffer Determination Request of drainage features at the above -referenced
project received July 22, 2020, seeking confirmations of applicability to the Jordan Buffer Rules and Stream Mitigation Rules. The
listed drainage features are approximated on referenced packages received by DWR.
NCDWR has confirmed that the drainage features are as follows:
SA: (Lat 35.7326, Long-78.8562): Perennial. Subject to Buffer Rules. Subject to Mitigation Rules.
NJl: (Lat 35.7330, Long-78.8579): Ephemeral. NOT subject to Buffer Rules. NOT subject to Mitigation Rules.
No other stream or buffer sites were identified in this request. Also, this letter only addresses applicability to the Jordan Buffer Rules
and Mitigation Rules at the sites specifically marked on the referenced maps and does not apply to reaches of the channels further
downstream, or upstream, from the project area, or to any other drainage features in the vicinity.
This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any activity within the
buffer, Waters of the United States, or Waters of the State. Any impacts to wetlands, streams and buffers must comply with the
Jordan Buffer Rules, 404/401 regulations, water supply regulations (15A NCAC 2B .0216), and any other required federal, state and
local regulations.
Please be aware that even if no direct impacts are proposed to the protected buffers, sheet flow of all new stormwater runoff as per
15A NCAC 213.0267 is required.
The owner (or future owners) or permittee should notify NCDWR (and other relevant agencies) of this determination in any future
correspondences concerning this property and/or project. 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 NCDWR or Delegated Local Authority that a surface water
exists and that it is subject to the mitigation rules may request a determination by the Director. A request for a determination by the
Director shall be referred to the Director in writing c/o Amy Chapman, NCDWR Transportation Permitting Branch, 1617 Mail Service
Center, Raleigh, NC 27699-1617.
Individuals that dispute a determination by NCDWR or Delegated Local Authority that "exempts" a surface water from the mitigation
rules may ask for an adjudicatory 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 (60) days of receipt of this notice and the date the affected

party (including downstream and adjacent landowners) is notified of this 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: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 petition may be faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings
within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This determination is final and binding unless you ask for a hearing within 60 days.
If you have any additional questions or require additional information please contact Rob Ridings at [e-mail].