20230982 Ver 2_Approval Letter_20231009

DocuSign Envelope ID: E606D1 F6-9C8E-4CCF-B15A-4563DAF4A5B6
ROY COOPER
Governor
ELIZABETH S. B1SER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
October 9, 2023
Mr. Russell Dalton, Traffic Services Manager
Town of Apex
PO Box 250
Apex, NC 27502
[e-mail]
DWR # 20230982 ver 2
Wake County
Subject: MODIFICATION of APPROVAL of JORDAN RIPARIAN BUFFER IMPACTS WITH ADDITIONAL
CONDITIONS
Apex Peakway Southwest Connector, TIP# U-5928
Dear Mr. Dalton:
You have our approval for the revised impacts listed below for the purpose described in your application
dated received by the Division of Water Resources (Division) July 14, 2023, and modification request
received October 9, 2023. This Jordan Buffer Approval replaces the one issued on August 17, 2023.
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)]
Revised Jordan Riparian Buffer Impacts
Site
Zone 1 Impact
(sq ft)
Zone 1 Buffer Mitigation
Required (using 3:1 ratio)
Zone 2 Impact
(sq ft)
Zone 2 Buffer Mitigation
Required (using 1.5:1 ratio)
IA
477
N/A
0
N/A
111
961
N/A
0
N/A
2
955
N/A
2204
N/A
Totals
2393
0
2204
0
n/a= Impact type Allowable: No Mitigation Required
Total Buffer Impact for Project: 5598 square feet.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NOR1H CAROL Na 919.707.9000

DocuSign Envelope ID: E606D1 F6-9C8E-4CCF-B15A-4563DAF4A5B6
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 NCDWR
Transportation Permitting Branch 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 NC Division of Water Resrouces 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.
Conditions of Approval:
1. 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 Department of Transportation 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 02B.0267].
2. Pursuant to 15A NCAC 0213.0267, 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.
3. All stormwater runoff shall be directed as sheetflow through stream buffers at non -erosive velocities,
unless otherwise approved by this certification. [15A NCAC 02B.0267].
4. Native riparian vegetation 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
02B.0267] & [15A NCAC 02B.0506(b)(2)]
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 [phone].
North Carolina Department of Environmental Quality I Division of Water Resources
D � 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NoalHCaaD_NA 919.707.9000

DocuSign Envelope ID: E606D1 F6-9C8E-4CCF-B15A-4563DAF4A5B6
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 02B.0267. Please contact Rob Ridings at 919-707-8786 or rob. [e-mail] if you have
any questions or concerns.
Sincerely,
I DocuSigned
by:
G�
4F4DD2F21 EA846E...
Richard E. Rogers, Jr., Director
Division of Water Resources
Attachments
Cc:
Lyle Phillips, USACE Raleigh Field Office ([e-mail])
Heather Smith, VHB ([e-mail])
Katie Merritt, NCDWR Mitigation Banking Coordinator
File Copy
D � ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
NOR1H CARou Na 919.707.9000