20190955 Ver 1_Approval Letter_20190912

ROY COOPER
Goverato.
MICHAEL S. REGAN
Svcretary ,
LINDA CULPEPPER
Director
September 12, 2019
NORTH CAROLINA
Environmental Quality
DWR.# 19-0955
. Wake County
Town of Apex,
Attn: David B. Hughes
P.O. Box 250
Apex, NC 27502
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
AUTHORIZATION CERTIFICATE PER'THE JORDAN LAKE WATER SUPPLY WATERSHED
RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0267) WITH ADDITIONAL
CONDITIONS,
Town of Apex: Beaver Creek Sanitary Sewer, Relocation, Greenway 1A &
Relocation
Dear Hughes:
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 17, 2019 with
payment received on August'2, 2019. These impacts are covered by the attached Water Quality
General Certification Number 4133 and 4135 and the conditions listed below.. This certification
is associated with the use of Nationwide Permit Number 12 and 14 once it is issued to you by
the U.S. Army Corps of Engineers. 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 Watershe& regulations.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1., The following impacts are hereby approved provided -'that all of the other specific, and
general conditions of the Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC
02B .02,67(11)]
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919.791.4200

Town of Apex: Beaver Creek Sanitary Sewer Relocation, Greenway Extension 1A & Relocation
DWR #19-0955
401 AND BUFFER APPROVAL
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland
W1: Sanitary Sewer Relocation
0.022 (acres)
0 (acres)
W2: Greenway Relocation -Fill & Rip Rap
Outfall
0.010 (acres)
0 (acres)
W3: Sanitary Sewer Relocation
0.102 (acres)
0 (acres)
W4: Greenway Extension -Maintenance
Corridor
0.021 (acres)
0 (acres)
W5: Greenway Extension -Fill
0.038 (acres)
0 (acres)
W6: Sanitary Sewer Relocation
0.104 (acres)
0 (acres)
W7: Sanitary Sewer Relocation
0 (acres)
0.019 (acres)
W8: Sanitary Sewer Relocation
0 (acres)
0.008 (acres)
Stream
S1: Open -Cut, Temporary Construction
0 (linear feet)
50 (linear feet)
Buffers -Zone 1
131: Greenway
2,517 (square feet)
0 (square feet)
132: Sanitary Sewer Relocation
1,071 (square feet)
0 (square feet)
133: Sanitary Sewer Relocation & Greenway
2,796 (square feet)
0 (square feet)
134: Greenway Construction Entrance
9 (square feet)
0 (square feet)
Buffers Zone 2
131: Greenway
2,839 (square feet)
0 (square feet)
132: Sanitary Sewer Relocation
1,395 (square feet)
0 (square feet)
133: Sanitary Sewer Relocation & Greenway
2,105 (square feet)
0 (square feet)
134: Greenway Construction Entrance
161 (square feet)
0 (square feet)
2. The permittee shall report to the Raleigh Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [15A NCAC 02B .02001 including
but not limited to sediment impacts, and any violation of state regulated riparian buffer
rules [15A NCAC 02B .0200]. 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. A written submission shall also be provided within 5 business days of the
time the applicant becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, and its causes; the period of noncompliance,
including exact dates and times, if the noncompliance has not been corrected, the
anticipated time compliance is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case-by-case basis.

Town of Apex: beaver Creek,Sanitary Sewer Relocation, Greenway Extension 1A & Relocation
DWR #19-0955
401 AND BUFFER APPROVAL
Page 3 of 4
Protective Fencing
The outside buffer, wetland-or.water boundarya- nd along the construction corridor within
these boundaries approved under this authorization, shall :be clearly marked with orange
warning fencing (or similar high visibility material) for the areas'that have been approved to
infringe within the buffer, wetland or water- prior to any land disturbing activities to ensure
compliance -with 15 NCAC 02H .0500. [15A,NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
4.- 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 Certification and
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 General Certification
and is responsible for complying with all conditions.' [15A NCAC U13.05 07(d)(2)] J
5. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and 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'0AH). 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 day's following the faxed transmission.
Mailing address for,the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-628.5

Town of Apex: beaver Creek Sanitary Sewer Relocation, Greenway Extension 1A & Relocation
DWR #19-0955
401 AND BUFFER APPROVAL
Page 4 of 4
One (1) copy of the petition must also be served to DEQ:
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 section 401 of the Clean Water Act and
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
[e-mail] if you have any questions or concerns.
Sincerely,
Rick Bolich, LG
Assistant Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4133
GC 4135
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
Deborah Shirley via e-mail at [e-mail]