20231447 Ver 1_Approval Letter_20240222 (2)

February 22, 2024
DWR # 20231447
WakeCounty
Town of Apex (easement only)
Attn: Marty Stone
105-B Upchurch Street
Apex, NC 27502
Delivered via email to: [e-mail]
Subject: APPROVAL of NEUSERIPARIAN BUFFER AUTHORIZATION CERTIFICATE WITH ADDITIONAL
CONDITIONS
Project:James Street Sewer Extension, 105-B UpchurchStreet, Apex, NC
27502
Dear Marty Stone:
You have our approval for the impacts listed below for the purpose described in your application dated
and received by the Division of Water Resources (Division) November 28, 2023. These impacts are
covered by theNeuseBuffer Rules and the conditions listed below. This Buffer Authorization does not
relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals
before proceeding with the project, including those required by, but not limited to,Sediment and
Erosion Control, Non-Discharge, Water Supply Watershed, and/or Stormwater regulations.
The following impacts are hereby approved, provided that all of the Conditions listed below, and all of
the conditions of the NeuseBuffer Rules are met. No other impacts are approved, including incidental
impacts. \[15A NCAC 02B .0611(b)(2)\]
Type of ImpactAmount Approved (units)Amount Approved (units)
PermanentTemporary
Buffers Zone 1
Utility Sewer Lines 3,680(square feet)0 (square feet)
New Line Construction
Buffers Zone 2
Utility Sewer Lines 0 (square feet)15,541(square feet)
New Line Construction
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
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

James Street Sewer Extension
DWR# 20231447
Buffer Authorization Certificate
Page 2of 5
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. \[15A NCAC 02B .0611(b)(2)\]
If you are unable to comply with any of the conditions below, you must notify the RaleighRegional
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 RaleighRegional Office any noncompliance with the conditions of this
Authorization Certificate and/or any violation of state regulated riparian buffer rules \[15A NCAC
02B.0714\]. Information shall be provided orally within 24 hours (or the next business day if aweekend
or holiday) from the time the applicant became aware of the circumstances.
Additional Conditions:
1.Mitigation must be provided for the proposed impacts as specified in the table below. The
attached Compensatory Mitigation Responsibility TransferForm (Form) shallbe completed and
provided to the Division prior to ğƓǤ impacts occurring. If the Mitigation Provider specified on
the attached Form(s) for the proposed impacts changes after issuance of this Certificate, then
the Permittee shall request a revised Compensatory Mitigation Responsibility TransferForm
from the Division prior to conducting any impacts.\[15A NCAC 02B .0295; 15A NCAC
02B.0714(12)\]
Compensatory Mitigation RequiredRiver and Sub-basin Number
NeuseBuffer11,040square feet (credits) Neuse/ 3020201
2.The plans provided along with the application depict grading activities within Zone 2 of the
is not placed in Zone 1, diffuse flow is maintained as per the Buffer Rule, the disturbed areas are
stabilized and revegetated, and the health of the existing vegetation in Zone 1 is not
compromised. \[15A NCAC 02B .0714(11) and (6)\]
3.The Permittee shall replant the vegetation within temporarily disturbed areas associated with
areas with pre-existing grassed lawns must be replanted with grass. Disturbed areas with pre-
existing trees or woody vegetation must be replanted with trees and woody vegetation.
Disturbed areas with pre-existing forest vegetation must be replanted with forest vegetation
including at least two different native hardwood tree species at a density sufficient to provide
260 trees per acre at maturity. This density can usually be achieved by planting approximately
436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.) Restoration of trees/shrubs/forest
must be completed by the first subsequent planting season (November 1 through March 30).
Note, if the tree plantings do not survive, they will need to be replaced such that the density is
sufficient to provide 260 trees per acre at maturity. \[15A NCAC 02H .0507(c), 15A NCAC
02H .0506(b)(3), and 15A NCAC 02B .0714(11),(ee), (ff)\]
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.
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

James Street Sewer Extension
DWR# 20231447
Buffer Authorization Certificate
Page 3of 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/
431-3000.
A party filing a Petition must serve a copy of the Petition on:
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 Authorization shall expire when the corresponding 401 Water Quality Certification Approval DWR
#20231447expires.
This letter completes the NeuseRiparian Buffer Rules as described in 15A
NCAC 02B .0714. Please contact SamanthaWootenat [phone]or [e-mail]
if you have anyquestions or concerns.
Sincerely,
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

James Street Sewer Extension
DWR# 20231447
Buffer Authorization Certificate
Page 4of 5
Electronic cc:Ashley Bentz, S&ME, Inc.; via email ([e-mail])
Rachel Capito, USACE Wake Apex, Cary & MorrisvilleRegulatory Field Office; via email
([e-mail])
DWR 401 & Buffer Permitting Branch electronic file
Filename: 20231447 James Street Extension Wake -Buffer.docx
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
February 22, 2024
Permittee: Town of Apex (easement only) and Marty StoneDWR Project #20231447
Project Name:James Street Sewer ExtensionCounty:Wake
The Division has received a Statement of Availability (SOA) from EBX-Neuse 1, LLC or Environmental
Banc & Exchange, LLCfor the Bucher, or Selma Mil,or Hannah Bridge, or Meadow Spring, or Polecat, or
Stone Creek, or Poplar Creek, or Uzzle, or Shady Grove, or Wolf King, or Thunder Swamp II, or Caraway
Bluff II (Mitigation Provider(s)) to satisfy the mitigation requirements set forth in the Buffer
Authorization Certificate issued to Town of Apex (easement only) and Marty Stone, dated February 22,
2024,as provided in the table below.
Compensatory Mitigation RequiredRiver and Sub-basin Number
NeuseBuffer11,040square feet (credits) Neuse/ 03020201(Outside of
Falls)
The Permittee must provide a copy of this form to the Mitigation Provider specified above who will then
sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once the
of this form and the mitigation transfer certificate issubmitted to the Division ĬĻŅƚƩĻ conducting any of
the authorized impacts.
The Mitigation Provider verifies that the mitigation requirements (credits) shown above, have been
released and are available at the identified bank site(s). By signing below, the Mitigation Provider is
accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no
more than 25 percent of the total mitigation required by Division can be met through preservation. (15A
NCAC 02H. 0295).
Signature Authority Name (print): ________________________________________________________
Signature: ____________________________________________ Date: ________________________
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000