20210985 Ver 2_Buffer Approval Letter_20211115

DocuSign Envelope ID: 18504772-lBA2-4619-A353-19D7BA04F784
ROY COOPER —
Governor
ELIZABETH S.BISER inn
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
November 15, 2021
DWR#20210985 ver. 2
Wake County
Town of Apex
Attn: Russell Dalton, Sr.Transportation Engineer
PO Box 250
Apex, NC 27502
Subject: APPROVAL of JORDAN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Town of Apex Project: Horton Ridge Boulevard,Wake County
Dear Mr. Dalton:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division), November 5, 2021. These impacts are covered
by the Jordan Buffer Rules and the conditions listed below. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by (but not
limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations.
The following impacts are hereby approved, provided that all of the Conditions listed below and all of
the conditions of the Jordan Buffer Rules are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B.0267(11)].
Jordan Riparian Buffer Impacts
Impact Area Zone 1 Impact(sq ft) Zone 2 Impact(sq ft)
A 9156 4589
D 8553 5246
Totals 17709 9835
Total Buffer Impact for Project: 27544 square feet.
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.0267(11)].
D ��� North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTHcaHOunn
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DocuSign Envelope ID: 18504772-1BA2-4619-A353-19D7BA04F784
If you are unable to comply with any of the conditions below,you must notify the DWR Transportation
Permitting Branch 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 Division of Water Resources any noncompliance with the conditions of
this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC
02B.0267]. 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. All stormwater runoff shall be directed as sheetflow outside stream buffers at non-erosive velocities,
unless otherwise approved by this certification. [15A NCAC 2B.0267]
2. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored
to the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated
with non-woody species by the end of the growing season following completion of construction. For the
purpose of this condition, maintained buffer areas are defined as areas within the transportation
corridor that will be subject to regular Transportation corridor maintenance activities including mowing.
The area with non-maintained buffers shall be permanently revegetated with native woody species
before the next growing season following completion of construction. [15A NCAC 213.0267]
3. Pursuant to 15A NCAC 213.0267, sediment and erosion control devices shall not be placed in Zone 1 of
any Jordan Buffer without prior approval by the NCDWR. At this time,the NCDWR has approved no
sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on
this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers
provided that Zone 1 is not compromised and that discharge is released as diffuse flow.
4. Native riparian vegetation (i.e., trees and shrubs native to the geographic region) must be
reestablished in the riparian areas within the construction limits of the project by the end of the growing
season following completion of construction. [15A NCAC 2B.0267)] & [15A NCAC 02B.0506(b)(2)]
5. Any modifications to this Buffer Approval or the 401 Water Quality Certification that propose
additional stream impacts or increased impervious surface requiring additional stormwater
management may be subject the Jordan Water Supply Nutrient Strategy(15A NCACO2B .0267). The
applicant shall coordinate with the NCDWR prior to submitting a modification request to determine the
applicability of the Jordan Water Supply Nutrient Strategy.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTHCAROLINA
� d�^��^ o�\ r 919.707.9000

DocuSign Envelope ID: 18504772-1BA2-4619-A353-19D7BA04F784
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
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.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This Authorization shall expire five (5)years from the date of this letter.
This letter completes the review of the Division under the Jordan Riparian Buffer Rules as described
in 15A NCAC 0213.0267. Please contact Rob Ridings at 919-707-8786 or [e-mail] if you
have any questions or concerns.
Sincerely,
DocuSigned by:
9C9886312DCD474...
S. uaniei Smith, uirector
Division of Water Resources
cc:
Lyle Phillips, USACE Raleigh Regulatory Field Office
Lisa Long, Spangler Environmental Inc.
Erin Davis, Mitigation Coordinator, DWR 401 Branch
File Copy
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAR0UNA
,.,rWW 919.707.9000