20221496 Ver 2_Appendix G Cover Page (Apex Gateway)_20230324

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■ •NMENTAL
Appendix G — Buffer Determination and Approval Documents
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

September 23, 2022
Jacob Sinclair, P.G., PWS
Senior Environmental Specialist
Atlas Environmental Inc.
P.O. Box 17323
Asheville NC 28806
Subject: Stream Buffer Determination
Project Real
Apex, NC
Cape Fear River Basin
Dear Mr. Sinclair,
WATER RESOURCES DEPARTMENT
Apex 22-007
On September 21st, 2022, you met with Jimmy McClure at the subject site to evaluate three (3) drainage
features and determine if they are subject to the Town of Apex (Town) riparian buffer rules. Based on the
information obtained during the evaluation and per the requirements set forth in Section 6.1.11 of the
Town Unified Development Ordinance (UDO), I concur with the stream classifications as shown on the
attached sketch dated July 18, 2022.
Drainage
Shown as
Shown as on
Determination made
Determined Buffer
Feature
on USGS
Soil Survey
n the.field
Width
CH 100
Not Present
Not Present
Perennial
0 feet
CH 200
Not Present
Present
Intermittent
50 feet
WL2200
Present
Present
Ephemeral
0feet
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 by the 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 in writing c/o Paul Wojoski, DWR -- 401 & Buffer
Permitting Branch; 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 Bill Lane, 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 for the 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 (919) 372--7470.
Sincerely,
James Miseiagno, CES, CPESC
Environmental Field Services Supervisor
TowN OF APE-x
The .Peale of Good Living
PO Box 7,5o Apex, NC 27502 1 (919) 2,49-3400 1 www.apexnc.org

,�P�x Riparian Buffer Call
z• •¢ Application
-'z
C A�Q
This application is required to be fully completed and submitted to Town staff prior to conducting a buffer call. Please submit the application
package electronically to iames.misciagno(aapexnc.org.
PROPERTY INFORMATION
Owner(s):
Site Address:
4 owners, See notes below.
106 NC Highway 751 Apex, NC 27523
CONSULTANT INFORMATION (If applicable)
Name: Jennifer Robertson
Address: 338 S. Sharon Amity Road #411 Charlotte, NC 28211
Email: [e-mail]
Phone: [phone]
CHECKLIST
Please place a checkmark in the spaces provided below to indicate that the required information has been provided with this submittal,
Right of Entry Form
X
NCDEQStream Identification Forms
X
{v. 4.11)
X
Sketch Map*
Topo Map (most recent version) X
1970 Wake County Soil Survey Map
*Sketch map should show all drainage features on the property with all applicable riparian buffers shown. Please clearly indicate or list which
features are being called with this application.
NOTES
Peggy G Gray Trustee (PIN: 60523), Reginald Horton Mills Etal (PIN: 17900),
Reginald Horton Mills Jr and Alexa H (PIN: 73702), William Stephen Mills (PIN: 71694)
SIGNATURE (Consultant or Responsible Party)
By my signature below, i certify that the information provided with this application is accurate and truthful.
Date: September 12, 2022
Town of Apex Water Resources Department Revised 6/30/2022

NORTH CAROLINA
WAKE e6bMTY CHATHAM COUNTY
RIGHT OF ENTRY
This Right of Entry is executed this 3t51 day off 5� �, 2022 by
Dan Gray, Trustee and _Lisa Bateman, Trustee _ (the "owners ")
WHEREAS, the Town of Apex ("Town") is seeking to make a stream buffer
determination across the property known as Apex Gateway
in the Town of
Apex , North Carolina and designated as PIN # 60523, 17900, 73702, 71694 by the
Wake County Revenue Department (the "Subject Property");
WHEREAS, the Owners
are agreeable to provide the Town with this
Right of Entry under the terms and conditions stated herein so that the above referenced
determination may proceed.
NOW THEREFORE in light of the above premises, the owners do
hereby grant and give freely and without coercion, the right of access and entry to the
Subject Property on the terms and conditions as stated below:
I. The Town of Apex and its contractors may enter the Subject Property for the
purpose of conducting on -site environmental investigations and issuing a
determination based on those investigations as it relates to stream buffer
determination,
z, This Right of Entry does not convey to the Town any title or ownership
interest in the Subject Property.
3. The Town and its employees, contractors, agents and representatives enter
upon the Subject Property at their own risk and assume all risks related to
the property.
4-
The undersigned agrees and warrants to hold harmless the Town of Apex, its
agencies, departments, contractors, and subcontractors, and discharges and
waives any action, either equitable or legal that arise from the activities
described above on the property except in the case of negligence by the
Town,
Witness: s 1 C.tr�_ By:

NORTH CAROLINA
CHAT14AM COUNTY
RIGHT OF ENTRY
This Right of Entry is executed this -En-day of w e r 20 22 by
Dan Gray, Trustee and Lisa Bateman, Trustee (the a Owners
WHEREAS, the Town of .Apex ("Town') is seeking to make a strew buffer
determination across the property known as Apex Gateway
in the Town of
Apex — , North Carolina and designated as PIN # 60523, 1790a, 73702, 71694 by the
Wake County Revenue Department (the "Subject PrvperW);
WHEREAS, the Owners
are agreeable to provide the Town with this
Right of Entry under the terms and conditions stated herein so that the above referenced
determination may proceed.
NOW THEREFORE in light of the above premises, the owners do
hereby grant and give freely and without coercion, the right of access and entry to the
Subject Property on the terms and conditions as stated below:
1. The Town of Apex and its contractors may enter the Subject Property for the
purpose of conducting on -site environmental investigations and issuing a
determination based on those investigations as it relates to stream buffer
determination.
2.
3-
4-
This Right of Entry does not convey to the Town any title or ownership
interest in the Subject Property.
The Town and its employees, contractors, agents and representatives enter
upon the Subject Property at their own risk and assume all risks related to
the property.
The undersigned agrees and warrants to hold harmless the Town of Apex, its
agencies, departments, contractors, and subcontractors, and discharges and
waives any action, either equitable or legal that arise from the activities
rperty except in the case of negligence by the
By: —
By:

NORTH CAROLINA
WAKE COUNTY CHATHAM COUNTY
RIGHT OF ENTRY
This Right of Entry is executed this 30 day of August , 20 22 by
Mills Chatham Investment Properties, t.t.0 and
(the it Owner
I.
WHEREAS, the Town of Apex ("Town") is seeking to make a stream buffer
determination across the property known as Apex Gateway
in the Town of
Apex , North Carolina and designated as PIN # 60523, 17900, 73702, 71894 by the
Wake County Revenue Department (the "Subject Property");
WHEREAS, the Owner
are agreeable to provide the Town with this
Right of Entry under the terms and conditions stated herein so that the above referenced
determination may proceed.
NOW 'THEaREFORE in light of the above premises, the Owner do
hereby grant and give freely and without coercion, the right of access and entry to the
Subject Property on the terms and conditions as stated below:
1. TheTown own of Apex and its contractors may enter the Subject Property for the
purpose of conducting on -site environmental investigations and issuing a
determination based on those investigations as it relates to stream buffer
determination.
2. This Right of Entry does not convey to the Town any title or ownership
interest in the Subject Property.
3. The Town and its employees, contractors, agents and representatives enter
upon the Subject Property at their own risk and assume all risks related to
the property.
4. The undersigned agrees and warrants to hold harmless the Town of Apex, its
agencies, departments, contractors, and subcontractors, and discharges and
waives any action, either equitable or legal that arise from the activities
described above on the property except in the case of negl' ence by the
Town.
Witness: By�31 . . ..... .
I:

NC DW0 ,fi•Pam irlentificntian Fnrm Vercian 4.11
Date: 04-13-2022
I Project Rea
Project/Site: ectlSite:CH ioo
35 8162
Latitude: 74
Evaluator: T Casey A Baggarley
County: Chatham
Longitude:-78.944766
Total Points:
Stream is at feast intermittent ��
Stream Determination (circle one)
Other New Hill and Green Level
if �! 19 or perennial if z 30'
Ephemeral Intermittent PeVftial
e.g. Quad Name:
v �
A. Geomorphology (Subtotal = 25 )
Absent
Weak
Moderate
Strong
I'- Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. in -channel structure: ex. riffle -pool, step -pool,
sequence
0
1
2
3
-ripple-pool
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodpiain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No = 0
Yes = 3
° artificial ditches are not rated; see discussions in manual
B_ Hvrlrnlnov ISuhtntal = 10.5 1
12, Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soil -based evidence of high water le?
No = 0
Yes = 3
C;. Rinlnnv (RiffitotA = �� " I ) 14 S 1 . I -A
18. Fibrous roots in stroambed
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22, Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW =
0.75; OsL = 1.5 Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:
3
z
3
3
3
2
2
2
1
1
3
3
2
1
0.�
1
3
3
3
3
1
1
1.5
0.5
1.5
0
ko_� oA St GIs or LJ5;'6- S

NC DWO Stream Identilirnfinn Fnrm Version 4.11
Date: 11-16-2021
ProjectiSite:project Real
CH 200
Latitude: 35.74862
Evaluafor:T Casey A Baggarley
county: Chatham
Longitude:-78.95033
Total Points:
Stream Determination (circle one)
Other New Hill and Green Level
Stream is at least intermittent 23
if � 19 or perennial if � 30`
Ephemeral Inter� ittent Perennial
Y"
e.g. Quad Name:
A. Geomorphology Subtotal = 10
Absent
Weak
Moderate
Strong
1" Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict. floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8, Headcuts
0
1
2
3
9; Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No = 0
Yes = 3
artificial ditches are not rated; see discussions in manual
R_ Hvrtrnlf)nv fSjihtntal = 6.S 1
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3
t' Rininnv !Si ihtntal = fi_r 1
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in strearnbed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL
= 1.5 Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:
'�Xk ql)-31 7 67 1)- a
2
1
1
1
1
0
0
2
1
1
O
1
1
0.5
0:5
0.5
3
1
2
1
0
0
1
1
0.5
0

NC" DWO Stream irientifieatinn Fnrm Vet-cion 4.11
Date: 0 /21 2022
9
Project Rea
Project/Site: 2200
0 8
Latitude: 35.75 5
Evaluator: J Sinclair
county: Chatham
Longitude:-78.94634
Total Points:
Stream is least intermittent 6.25
afmmDetermination (circle one)
Other New Hill and Green Level
at
if? 19 or perennial if z 30"
Ephemera ntermittent Perennial
e.g. Quad Name:
A. Geomorphology (Subtotal = 1 )
Absent
Weak
Moderate
Strong
1" Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
sequence
0
1
2
3
-ripple-pool
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No = 0
Yes = 3
artificial ditches are not rated; see discussions in manual
R H%irlrnlnrni lCiihfntal = A 1
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Loaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soi[-based evidence of high water table?
No = 0
Yes = 3
C: Rinlnnv (Ri ihtntA = 1.) q 1
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBI = 1.5
Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch: There is no connection between the pond and the feature shown on the soil survey map (WL 2200)
0
0
0
0
0
0
0
1
0
0
0
1
O
0
3
ra
0.5
0.75

Chataham County NC Soil Survey, 2006
Portion of Green Level
Quadrangle Soil Survey
- CrC
CrD MdB
CrD
ChA Md8
UdC CrC CrC U
PeA CrB MdC Portion of Wake County
MrA eek MrA Map Sheet 64
MrA
MrA
Approx. Review Area BA
ChA Portion of New Hill
Quadrangle Soil Survey
�PeA PeA Watland WL 220o Ma
CrC Channel not present in field p
No Connection to Pond
IVIIA
I a
CrB WE CrC rD
751 CrB
o Cr
CrD CrB
MhE CrC urLo Pond 1
Channel CH 200 ,' CrD CrD Potentially Non Jurisdictional
CrB lnterrnittent
G rcz
iCrD CrB + f' + Channel CH t00 1,
l t. � anne,
_ Perennial
751 CrD Not Shown On Soils Map �: r
,y ►t
crl3zz
CrC CrC'
C'rB CrC i ii I
W CrB
Project Name: Project Real
LA ; Location: 106 NC Highway 751 Apex, NC 27523
71SPONMENTAL For: Beacon Partners Attn: Ms. Maggie Houston
Coordinates: 35.746871-78.94794 LEate: August 26, 2022
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Project Name: Project Real
RQ C Location: 106 NC Highway 751 Apex, NC 27523
ONENTAL For: Beacon Partners Attn: Ms. Maggie Houston
Figure: I Coordinates: 35,742748,-78,950662 1 Date: Sept 16, 2022
209-P'

Project Name: Project Real
AON
A C Location: 106 NC Highway 751 Apex, NC 27523
Fto
NENTAI_ For: Beacon Partners Attn: Ms. Maggie Houston
Figure: I Coordinates: 35.742748,-78.950662 1 Date: Sept 16, 2022
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WATER RESOURCES DEPARTMENT
December 28, 2202222
Gray Harrell
Beacon Partners
5oo East Morehead St., Ste. 200
Charlotte, NC 28202
Subject: Riparian Buffer Authorization Certificate (22-015)
Apex Gateway
Jordan Lake Watershed
Dear Mr. Harrell,
The Town of Apex has received a Request for a "No Practical Alternatives" determination for the
subject private development project. In accordance with UDO Section 6.i.1i(G)(4), you have our
authorization to impact the riparian buffer as shown in the table below for the purposes of
constructing a road crossing and grading for the subject project.
Riparian Buffer Impacts Approved:
Amount of
Amount of
Required
Type of
Total Impact
Plan Location
Total Impact
Mitigation
Mitigation
Impact
rove
Approved ftZ
pp ( )
or Reference
Requiring
Ratio
ftZ
( )
Mitigation (ftZ)
Zone i buffer
2,694
Application
0
3:1
0
Zone a buffer
3,372
Application
0
1.5:1
0
In accordance with UDO Section 6.1.11, the approved impacts above do not require mitigation.
Please be note that the US Army Corps of Engineers approval may require compensatory mitigation
for wetland and stream impacts. The Town will not approve or release the construction
drawings for the subject project until we receive proof that all required state and federal
permits are approved; and any required mitigation payments have been made.
This authorization certificate is for the purpose and design that is described in your application and
shown on approved construction plans. If you modify your project, you must notify the Town and
you may be required to submit a new application. If the property is sold, the new owner must be
given a copy of this authorization letter and is thereby responsible for complying with all
conditions. As always, you should obtain or otherwise comply with any other federal, state or local
TOWN OF APEX
The Peak of Good Living
PO Box 25o Apex, NC 275O2 1 [phone] 1 www.apexnc.org

Town of Apex
Riparian Buffer Authorization Certificate (22-015)
Page 2 of 3
permits before you begin your project. This authorization requires you to follow the conditions
listed below.
The Additional Conditions of the Certification are:
i. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface water standards. The erosion and
sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual, Town standards, and the Town Soil Erosion
and Sedimentation Control ordinance.
a. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control Manual,
Town standards, and Town Erosion Control ordinance. The devices shall be maintained
on all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor -owned or leased borrow pits associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed such that no violations of state water
quality standards, statutes, or rules occur.
3. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non -erosive
velocities through the protected stream buffers and will not re -concentrate before
discharging into the stream as identified within 15A NCAC 2B .0267(8) and Town UDO
Section 6.i.11.
Any disputes over determinations regarding this Authorization (associated with the approved
buffer impacts to Zones i and 2) shall be referred in writing to the NC Department of Environmental
Quality (DEQ) Director within thirty (30) days of receipt of this notice for a decision.
TOWN OF APEX
The Peak of Good Living
PO Box 25o Apex, NC 27502 1 [phone] 1 www.apexnc.org

Town of Apex
Riparian Buffer Authorization Certificate (22-015)
Page 3 of 3
To contest the Director's decision, you must file a petition for an administrative 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 (6o) days of receipt of this notice. 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 mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill Lane, General Counsel
Department of Environmental Quality
16oi Mail Service Center
Raleigh, NC 27699-i6oi
This Authorization shall expire five (5) years from the date of this letter.
This letter does not authorize any impacts to either Waters of the United States or Waters of the
State. Please contact the US Army Corps of Engineers (USACE) or DEQ if any impacts are proposed
to either of these waters.
If you have any questions, please contact me at [e-mail] or [phone].
Sincerely,
Robert D. Patterson, PE
Senior Engineer
TOWN OF APEX
The Peak of Good Living
PO Box 25o Apex, NC 275O2 1 [phone] 1 www.apexnc.org