20190499 Ver 2_Buffer Approval Letter_20190830

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
August 30, 2019
Town of Apex
P.O. Box 250
Apex, NC 27502-0250
NORTH CAROLINA
Environmental Quality
DWR #19-0499 v2
Wake County
Subject: AUTHORIZATION CERTIFICATE PER THE JORDAN LAKE WATER SUPPLY
WATERSHED RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0267)
WITH ADDITIONAL CONDITIONS
Milano Avenue
To Whom It May Concern:
You have our approval for the impacts listed below for the purpose described in your
application received by the Division of Water Resources (Division) on July 31, 2019. 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 five (5) years from the date of this letter.
This approval requires you to comply with the following conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the 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-Stormwater Pond Discharge
78 (square feet)
0 (square feet)
Buffers — Zone 2
B1- Stormwater Pond Discharge
400 (square feet)
0 (square feet)
North Carolina Department of Environmental CZuality I Divislon of Myer Resources
Raleigh Regional Office ; 3800 Garrett Drive. 1 Raleigh. North Carolina 27609
o.ner nmra,ewGru�enw U.A.\ ! 919301.4200

Milano Avenue
DWR #19-0499
401APPROVAL
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2. Diffuse Flow
All stormwater must be directed and maintained as diffuse flow at non -erosive velocities
through the protected stream buffers such that it will not re -concentrate before discharging
into a stream. [15A NCAC 02B .0267(8)]
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 Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur [15A NCAC 02H .0501
and .05021.
4. Protective Fencing
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property until
the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
5. 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 the Buffer
Authorization. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is
sold, the new owner must be given a copy of this approval letter and is responsible for
complying with all conditions.
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative.
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
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Milano Avenue
DWR #19-0499
401 APPROVAL
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Mailing address for the OAH:
If sending by First Class Mail If sending via delivery service
via the US Postal Service: (e.g. UPS, FedEx):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to the Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DWR — 401 & Buffer Permitting
Branch
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under the Jordan Lake Water Supply Watershed
Riparian Buffer Protection Rules as described in 15A NCAC 02B .0267. Please contact Stephanie
Goss at 919-791-4256 or Stephanie. [e-mail] if you have any questions or concerns.
Sincerely,
4
Rick Bolich, L.G.
Assistant Supervisor, Water Quality Regional Operations Section
cc: DWR RRO 401/Buffer file
DWR 401 & Buffer Permitting Unit file
Alex Aycrigg via e-mail at aaycrigg(@fandr.com

Milano Avenue
DWR #19-0499
401APPROVAL
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