20210985 Ver 1_More Info Requested_20210923

DocuSign Envelope ID:4F1 FA5FC-F002-47F9-8954-DFB1784D9586
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5`ATE \1
ROY COOPER. " 1,
Governor �6 C
ELIZABETH S.BISER rtv
Secretary ,_
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
September 23, 2021
DWR#20210985
Wake County
Town of Apex
Attn: Russell Dalton, Sr.Transportation Engineer
PO Box 250
Apex, NC 27502
Subject: REQUEST FOR ADDITIONAL INFORMATION
Town of Apex Project: "Horton Ridge Boulevard"
Cape Fear River Basin (Jordan Lake Subbasin)
Dear Mr. Dalton:
On September 7, 2021, the Division of Water Resources (Division) received your application requesting a
401 Water Quality Certification and Jordan Buffer Authorization from the Division for the subject
project. The Division has determined that your application is incomplete and cannot be processed.The
application is on-hold until all of the following information is received:
1. The mitigation section of the PCN application form states that a Mitigation Bank will be
used. However,there is no documentation in the application submitted from a Mitigation
Bank indicating that the Town has secured or the credits from any banks. Per 15A NCAC 2H
.0506(c), please provide documentation from a Mitigation Bank that they will have adequate
credits available for the Town of Apex to purchase for this project.
2. Stream S5 is subject to Jordan Buffer Rules according to the December 2019 buffer
determination memo attached to your application. However,the PCN application only states
that stream impacts are will be needed for this site, but no buffer impacts (unlike streams S7
and S2,which have both stream and buffer impacts). This is unusual in roadway projects to
have stream impacts on a buffered stream without buffer impacts. Please clarify if there will
or will not be buffer impacts needed on S5 with explanation as appropriate.
3. Section E of the PCN applications is incomplete and left mostly blank. Additionally,the
project has no stormwater plan or information regarding stormwater conveyances on the
impact plan sheets for the stream crossing sites. For linear public transportation projects by
state or local government entities,the DWR Transportation Permitting Branch cannot issue a
certification for impacts to streams or Jordan buffers without verification that there is no
untreated stormwater being directly discharged to those resources. Please provide a
stormwater management plan that shows roadway stormwater treatment with sheetflow at
nonerosive velocities before entering the buffer of these streams, as per 15A NCAC
026.0267.
D_E pnt Quality I Resources
®® 512 NorthNorthCarolina SalisburyDe Streetartme 1617 of MaEnvironmentalil Service Center RaleighDivision,NorthofWater Carolina 27699-1617
NORTH CAROLJNA
Department or EnvIronmentelawnty 919.707.9000

DocuSign Envelope ID:4F1 FA5FC-F002-47F9-8954-DFB1784D9586
DWR#20210985
Request for Additional Information
Page 2 of 2
Pursuant to Title 15A NCAC 02H .0502(e) and 15A NCAC 02B.0267, the applicant shall furnish all of the
above requested information for the proper consideration of the application. Please respond in writing
within 30 calendar days of receipt of this letter by sending one (1) copy of all of the above requested
information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617
OR by submitting all of the above requested information through this
link: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR# requested on
the link is referenced above).
If all of the requested information is not received within 30 calendar days of receipt of this letter,the
Division will be unable to approve the application and it will be denied as incomplete. The denial of this
project will necessitate reapplication to the Division for approval, including a complete application
package and the appropriate fee.
Please be aware that you have no authorization under the Section 401 of the Clean Water Act and
Jordan Buffer Rules for this activity and any work done within waters of the state may be a violation of
North Carolina General Statutes and Administrative Code.
Please contact Rob Ridings at [e-mail] or 919-707-8786 if you have any questions or
concerns.
Sincerely,
�DocuSigned by:
ctrorttVatmilanySupervisor
Transportation 401 & Buffer
Permitting Branch
cc: Lisa Long, Spangler Environmental
Lyle Phillips, USACE Raleigh Regulatory Field Office
DWR Transportation 401 & Buffer Permitting Branch file