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Home My WebLink About20171507 Ver 3_17-1507 v3 Hasse Avenue Extension_JBR_Wake_20220714 North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 July 14, 2022 DWR # 20171507 v3 Wake County Town of Apex Attn: Russell Dalton PO Box 250 Apex, NC 27502 (via email Russell.dalton@apexnc.org) Subject: APPROVAL OF JORDAN LAKE WATERSHED RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS Hasse Avenue Extension Dear Russell Dalton: You have our approval for the impacts listed below for the purpose described in your application dated March 16, 2022, received by the Division of Water Resources (Division) March 16, 2022, with payment received March 17, 2022, and additional information received June 21, 2022, and June 30, 2022. These impacts are covered by the Jordan Lake Watershed 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. This Authorization Certificate shall expire when the corresponding 401 Water Quality Certification Approval DWR#20171507 v3 expires. The following impacts are hereby approved, provided that all of the Conditions listed below, and all of the conditions of the Jordan Lake Watershed Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0267(11)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Buffers – Zone 1 B1: Road Crossing 7,310 (square feet) 0 (square feet) Buffers – Zone 2 B1: Road Crossing 4,565 (square feet) 0 (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)] If you are unable to comply with any of the conditions below, you must notify the Raleigh 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 Raleigh Regional Office any noncompliance with the conditions of this Authorization Certificate and/or any violation of state regulated riparian buffer rules [15A NCAC DocuSign Envelope ID: F7F8491B-7AA6-46B3-8450-308661821DE2 North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 Hasse Avenue Extension DWR# 20171507 v3 Buffer Authorization Certificate Page 2 of 2 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. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the presentation of proper credentials, the Division may inspect the property. 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 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Authorization Certificate in accordance with N.C.G.S 150B-23(a). This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor does it create any prescriptive right or any right of priority regarding any usage of water. This Authorization Certificate shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Authorization Certificate to possess any prescriptive or other right of priority with respect to any other consumptive user. This letter completes the review of the Division under the Jordan Lake Watershed Riparian Buffer Rules as described in 15A NCAC 02B .0267. Please contact Colleen Cohn at Colleen.Cohn@ncdenr.gov or 919-791-4258 if you have any questions or concerns. Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: Camden Brunick, S&EC (via email) DWR 401 & Buffer Permitting via Laserfiche DocuSign Envelope ID: F7F8491B-7AA6-46B3-8450-308661821DE2