20100035 Ver 1_More Info Letter_20100203

AVrXAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee Freeman
Governor Director Secretary
February 3, 2010
DWQ Project # 10-0035.
Wake County
Ms. Elizabeth Rooks, VP
Research Triangle Foundation of NC
12 Davis Drive
P.O. Box 12255
Research Triangle Park, NC 27709
Subject Property: RTP Pedestrian Trail System Phase 14-16
Kit Creek [030605,16-41-1-17-2-(0.7), WSIV, NSW]
REQUEST FOR MORE INFORMATION
On January 13, 2009, the Division of Water Quality (DWQ) received your application dated
December 18, 2009, to fill or otherwise impact 32,100 square feet of Zone 1 Neuse River
protected riparian buffers, and 3,800 square feet of Zone 2 Neuse River protected riparian buffers
to construct the proposed trail segments at the site. The DWQ has determined that your
application was incomplete and/or provided inaccurate information as discussed below. The
DWQ will require additional information in order to process your application to impact protected
wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the
additional information requested below, we will place this project on hold as incomplete until we
receive this additional information. If we do not receive the requested information, your project
will be formally returned as incomplete. Please provide the following information so that we
may continue to review your project.
Additional Information Requested:
1. Per the attached NCDENR-DWQ Memorandum - Buffer Interpretation/Clarification #2009-
004, dated October 26, 2009, "greenway and hiking trails cannot be wider than 10 feet paved
with a 2 -foot wide grassed maintenance corridor on either side of the paved trail". Please
revise and resubmit your plans to reflect this requirement.
Please submit this information within 30 calendar days of the date of this letter. If we do not
receive this requested information within 30 calendar days of the date of this letter, your project
will be withdrawn and you will need to reapply with a new application and a new fee.
4010versight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:llh2o.enr.state.nc.us/ncwetlands/
NorthCarolina
Aaturjally
An Equal Opportunity \ Affirmative Action Employer
EYC Investments, LLC :
Page 2 of 5
July 2, 2009
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan
at 919-733 -1786 if you have any questions regarding or would like to set up a meeting to discuss
this, matter.
Sin ly,
L Cyndi Karoly, Supervisor401 Oversight/Express
Review Permitting Unit
CBK/ijm
Enclosure: Buffer Interpretation/Clarification #2009-004
cc Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Dale Hyatt, McKim & Creed, 1730 Varsity Drive, Raleigh, NC 27606
Filename: 100035RTPPedestrianTrailSystemPhasel4-16(Wake)On_Hold
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 26, 2009
Buffer Interpretation/Clarification #2009-004
MEMORANDUM
Background: In the table of uses in the Neuse River Basin Buffer Rule 15A NCAC 02B.0233(6), the Tar-
Pamlico River Basin Buffer Rule 15A NCAC 02B.0259(6), the Goose Creek Watershed Buffer Rule 15A
NCAC 02B.0607(1), and the Catawba Buffer Rules15A NCAC 02B.0243(6), there is a provision for
greenway/hiking trails that is listed as an "allowable" use which requires written authorization from the
Division of Water Quality (DWQ) prior to any impacts in the buffer provided there is no practical
alternative for the proposed impacts. In the Randleman Lake Water Supply Watershed Buffer Rule there
is no table of uses, but the allowance for a trail is identified in 15A NCAC 02B.0250(2)(g).
Problem: There is no clear definition or concise guidelines in the above-mentioned buffer rules to explain
the width that is acceptable for the construction of the- greenways, hiking trails and access trails to water
dependent structures.
Solution: DWQ's standing is that the greenway trails'width cannot be wider than ten feet paved with a two-
foot wide grassed maintenance corridor on either side of the paved trail.
For access trails to water dependent structures in the Neuse, Tar-Pamlico and Randleman Lake basins, the
width can be no greater than six feet. Any material used for the construction of the greenways, trails or
water dependent access paths is considered a permanent impact in the buffers due to the fact that vegetation.
is not allowed to be maintained in the footprint of the buffer. However, the use of pervious materials is
preferred unless just cause can be shown to add impervious material with the buffer. For access trails in the
Catawba River basin, if the maximum width of the access trail does not exceed four feet and is made of
pervious material, then the activity is exempt from the Catawba Buffer Rules. However, if the trail exceeds!
four feet and is made of impervious material, this activity would require a buffer authorization from DWQ.
The maximum width is six feet for access trails in the Catawba River basin.
In order to best minimize the impacts to the protected riparian buffer for greenways and hiking trails, the
applicant must have their trails situated outside of Zone 1 and preferably outside of Zone 2. In the instances
where site constraints force portions of the trail into Zone 1, adequate written justification and
documentation must be submitted to DWQ with the application for consideration.
To best minimize impacts to the protected riparian buffer for water dependent access paths, the footprint of
the path must be aligned to avoid woody vegetation removal when possible. Only one aecess path is
allowable per single family residence.
Signature: ?? _&, /I ft,
Signature:
401 OversightlExpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: httpJlh2o.enr.state.nc.uslncwetlands/
Date: ly/,?l 6?Z ©0
Date:
NorthCarolina
Natura!!Y
An Equal Opportunity 1 Affirmative Action Employer

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1. Article Addressed to:
Ms Elizabeth Rooks VP '1/3/10'
Research Triangle Foundation of
PO Box 12255
RTP NC 27709
DWQ 10-0035 Wake County
A. Si nature -1 6 //? ?? a ? Agent
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?1 r'G2G1 c?X ? l??l
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NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604