20110099 Ver 1_Approval Letter_20110201

Beverly Eaves Perdue
Governor
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
February 1, 2011
Dee Freeman
Secretary
DWQ Project # 2011-0099
County: Durham
Mr. Mark Mickley
Mulkey Engineers & Consultants
6750 Tryon Road
Cary, NC 27511
Subject Property: Mountains to the Sea Trail Segment within the Falls Lake State
Recreation Area
Little Lick Creek [030401, 27-9-(2), WSIV, NSW, Ca]
Dear Mr. Mickley:
You have our authorization of exemption from the Neuse River Riparian Buffer Rules [15A
NCAC 2B.0233] for the construction of the trail located within the Falls Lake State Recreation
Area. This activity is considered exempt from the Neuse Buffer Rules [15A NCAC 02B.0233]
and does not require written authorization from the Division of Water Quality (DWQ).
This exemption is due to the trail construction lying within an existing maintained right-of-way
of Jimmy Rogers Rd. In addition, a replacement bridge will be constructed within the footprint
of the previous bridge and the "shoreline stabilization" you reference in your letter dated January
24, 2011 is actually within the normal pool of Falls Lake so no new impervious surface with be
within the protected riparian buffers.
This exemption is only valid for the purpose and design that you described in your letter dated
and received by DWQ on January 24, 2011. If you change your project, you must notify us and
you may be required to send us an application.
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If
you do not accept any of the conditions of this approval, you may ask for and adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a
hearing, send a written petition which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. This authorization and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the DWQ under the Neuse River Riparian Buffer Protection
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe) One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone] FAX: [phone] NorthCarohna
Internet: hftp://po?al.ncdenr.org/web/wq/ws
An Equal Opportunity 1 Affirmative tive Action Action Employer
6Ak
Mulkey
Page 2 of 2
February 1, 2011
Rules [15A NCAC 2B.0233]. Please call Amy Chapman at [phone] if you have any
questions or require copies of our rules or procedural materials.
mwc
Ian McMillan, Acting Supervisor
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit
IJM/asc
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
File Name: 110099MountainstoSeaTrailSegmentWithinFallsLakeStateRecreationArea(Wake)NBR_Exempt