20030601 Ver 1_COMPLETE FILE_20030516

Michael F. Easley
oc'O? WAT ?RQG
Governor
r William G. Ross, Jr., Secretary
y Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
June 2, 2003
DWO Project No. 03-0601
County: Wake
Town of Cary Page 1 of 2
Engineering Department
Attn: Mr. Michael L. Babuin, P.G.
P.O. Box 8005
Cary, NC 27512
Subject Property: Queens Ferry Bridge Replacement, MacGregor Downs SD, Queens Ferry Rd, Cary, NC
MacGregor Downs Lake (Swift Ck) (03-04-02, 27-43-52.2, WS-III NSW (nutrient sensitive)]
APPROVAL of Neuse River Buffer Rule (15A NCAC 02B.0233) AUTHORIZATION CERTIFICATE
Dear Mr. Babuin:
You have our approval, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to impact
approximately 50 square feet (ft) of the protected riparian buffers for the purpose of replacing the existing bridge with a
new bottomless culvert (including sidewalk) at the subject property as described within your application dated May 15,
2003. The proposed bottomless culvert will span approximately thirty-one (31) feet of stream including approximately four
(4) additional feet for the new sidewalk). In addition to this approval, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control and Non-discharge regulations.
This approval is only valid for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be
given a copy of this authorization and approval letter and is thereby responsible for complying with all conditions. For this
approval to be valid, you must follow the conditions listed below.
Conditions:
1. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
2. No Stream Impacts (Open Bottom & Bottomless Arch Culverts)
You've stated within your application that a bottomless culvert will be used to cross the stream and that no impacts
will occur to either wetlands or streams. This letter does not approve any impacts to streams or wetlands. The
proposed project must comply with all applicable water quality standards as listed in 15A NCAC 02B .0200. The
placement of the culverts shall not be conducted in a manner that may result in aggradation, degradation or significant
changes in hydrology of the stream bed and bank, adjacent to or upstream and downstream of the structure. The
openings must be provided to maintain the natural hydrology of the system as well as prevent constriction of the
floodway that may result in aggradation, degradation or significant changes in hydrology of streams.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts)
shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in
Articles 3 and 4 of G.S. 150B.
North Carolina Division of Water Quality, WETLANDS 1401 UNIT
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), hnp://h2o.enr.state.nc.us/ncwetlands/
rage e- ui e-
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B .0233. If you have
any questions or would like a copy of the buffer rules, please call [phone]. This letter does not authorize any
impacts to either Waters of the United States or Waters of the State. Please contact the US Army Corps of Engineers
(USACE) or NC Division of Water Quality (DWQ) if any impacts are proposed to either of these waters.
Sincerely,
Alan W. Klimek, P.E.
NC DWQ, Director
cc: DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Office
DWQ # 03-0601
Date: June 2, 2003
bz
?yf;'
{Office Use Only: \Nvskion May 2002
USACE Action ID No. DWQ.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project-
F-, Section 404 Permit (('? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
?r--401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: -TC7G? v F c L? /..Fi ze- , F
Mailing Address:
,I 7 S-1A
r- CJ A Ec r N /"? r J
0
Telephone Numbed 9/ 9) 4 6:x-2 B 3 ? Fax Number:(9 I (i L/Eo - I/ 92S
E-mail Address:. n r3 4s t .. c,^- e"4^X,. ^/c - c-r s
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company
Mailing A
Telephone Number: Fax Number:
E-mail Address:
WETLANDS1401 GRpUp
Page 5 of 12 MAY I * 2003
'NATER OUALITY.SIPf`TInAI
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: C????tisT--may Z3^^Jc? /?'??c?r?
&AeCr6c" G)<SGvNf' S!r/Q'u CvtJ'?aN
2. T.I.P. Project Number or State Project Number (NCDOT Only): /<a
3. Property Identification Number (Tax PIN):
4. Location
County: w -7 le < Nearest Town:
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): z,,. s- _47 i t"o?- z rte,- `
?i'in/c'wAY /??aS1 *,.? C/ •Y .?an?cw?y ?7? iCrc J?,z'n.? ? ? ??_ Z"F7-&I-.7,)
5. Site coordinates, if available (UTM or Lat/Long): - sPE' 4-a4 Ll--
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): D , / e -?? -,of
7. Nearest body of water (stream/river/sound/ocean/lake):
8. River Basin: L3
f?
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.ne.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
/ XD's i)'N(r ?3n F z / ,z? ?'v?'??p 1
at the time of this application:
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
(?rLc'JG? T1> ?? .4eoGA? ?J r Y d9 v<?- . C ?e t/?T
(' ,?-?t'?, t? .?J_?`- ?.?o. ?'.^ti?r e.: c c Q? ?rl-LJ . ' ? Ise e? PS' .?F Q o T?y M G?S:S`
11. Explain the purpose of the proposed work: x sT? ., F ?y! s oc-y
.? Shit - S- - A / ,.-, /7n- V P
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
III-XI-.3-
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. /Provide a written description of the proposed impacts: y i
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet)
Type of Wetland***

11

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://wNvw.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Im act Perennial or
Intermittent?
leasespecify)

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c ?-? s SANG

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: ? Wveils and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before-and'after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usQs.V,ov. Several intemet sites also allow direct download and printing of USGS maps (e.g., NAvw.toVozOne.cOm,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: r" Z -2
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number

(indicate on ma)
Type of Impact* Area of
Impact

(acres)
(if Name p Waterbody
applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): f
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
C?cS N (3/? c[)CCU /S qo'f Ve- J-CGc) A- iYZrL1.G211'"11NGi Gam..e /fv`-e-
P/uo (? psi W F ?D /z e PL frc Ee 4A s w i 'rl. Q G .-7a ?? Ss c? c t/ en- r^ ??-
?v t LG l2¢ c: k 1 M1C' LC .ff ••-, ?n'L..; ¢... /,In.CG' ?}- t..??.. `,.r't/E' G?.fJ' Gc?r-;?eiU,
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.htmi.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
.rv/®
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet): fv ,Gl
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No .FLq-#0"
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes Er No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* (sqImpact uare feet) Multiplier Required
io
1 F-r- L 3 1 F7 Z
2 1.5
Total / S'o Z
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
A s,('6QG.--/1ZLCr r-?c/3LcY? 25.F rL cr,?n?? C.?e dF
??q?-NeC rni 2w.dc? I
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Z
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No S-
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
- -lJ ,/?X '-(? -1-1/J 0 Fc'-s- //Is- /0 -3
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

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(TYP. OF 4)
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SIGN
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BRIDGE SPOT
+ ELEVATION
102.29' v
BRIDGE SHOWING
CONTOURS OF CREEK 1+00
BRIDGE SPOT
+ ELEVATION
102.36'
PROPOSED 4' SIDEWALK
WITH GUARDRAIL (TYP.) I i
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SIGN
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Michael L. Babuin, P.&?
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Environmental Specialist
TOWN Of CARY
316 North Academy Street • Cary, NC 27513
P.O. Box 8005 • Cary, NC 27512-8005
[phone] • [phone] fax
Email: [e-mail]