20211174 Ver 2_01_CaryPedBridge_CoverLetter_2021_20220323

kimley-horn.com 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 919 677 2000
March 23, 2022
Mr. Rob Ridings
NC Division of Water Resources
401 & Buffer Transportation Permitting
512 North Salisbury Street
Raleigh, NC 27604
RE: Buffer Authorization Request – NW Cary Parkway Sidewalk at Black Creek (TIP# BL-0024)
Cary, Wake County, North Carolina
Dear Mr. Ridings:
On behalf of our client, the Town of Cary, Kimley-Horn is submitting the attached buffer authorization
request for the above referenced linear transportation project located in the Neuse River Basin. The project
proposes to construct additional sidewalk and a pedestrian bridge over Black Creek along NW Cary
Parkway to connect the 650-foot gap in the existing pedestrian infrastructure in Cary, Wake County, North
Carolina.
The purpose of the project is to improve pedestrian access in the Town of Cary. The project study area and
its vicinity primarily consist of forested riparian corridors and greenways within North Cary Park, single-
family and multi-family residential developments, and institutional and recreational facilities.
Kimley-Horn staff conducted a delineation of the project study area on July 21, 2021. One perennial stream
(Black Creek) was identified within the project study area and one intermittent stream (Stream S3) was
identified within 50 feet of the project study area. James Lastinger of the USACE issued a Preliminary
Jurisdictional Determination dated November 5, 2021 (SAW‐2021-01634). Rob Ridings of the NCDWR
issued a buffer determination letter (DWR# 20211174) on July 29, 2021.
Unavoidable permanent impacts to the riparian buffer zones associated with Black Creek will result from
the proposed project. At Impact Site 1, permanent impacts to riparian buffer zone 2 will result from the
placement of riprap along a newly constructed stormwater ditch. Riprap will be placed underneath and
between NW Cary Parkway and the proposed pedestrian bridge to protect the steep slope that ties into the
existing greenway from erosion. This impact is "Allowable Upon Authorization" under the Neuse River
Riparian Basin Buffer Rules Table of Uses [Section (11)(cc)] for stormwater control measures. Additionally,
Duke Energy is permitting a powerline relocation within the existing NCDOT right-of-way easement south
of NW Cary Parkway. This will result in permanent impacts that are "Deemed Allowable" under the Neuse
River Riparian Basin Buffer Rules Table of Uses [Section (11)(pp)] for Utilities – Non sewer aerial line
Perpendicular crossings.
Additionally, temporary impacts to the riparian buffer zones 1 and 2 at Impact Site 1 will result from
temporary construction access along the left and right bank of Black Creek. This access will allow crane
access underneath the existing NW Cary Parkway Bridge to construct the proposed pedestrian bridge.
Temporary construction access disturbing greater than 2,500 sqft of the riparian buffer is "Allowable Upon
Authorization" under the Neuse River Riparian Basin Buffer Rules Table of Uses [Section (11)(ee)]. A
riparian buffer replanting/seeding plan is included in the erosion control plans.

kimley-horn.com 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 919 677 2000

In total, the project proposes 2,101 square feet of temporary Buffer Zone 1 impacts, 1,692 square feet of
temporary Buffer Zone 2 impacts, 514 square feet of permanent Buffer Zone 1 impacts, and 919 square
feet of permanent Buffer Zone 2 impacts.

To assist with the processing of this application, the following information is included:

• Buffer Authorization Form
• Signed Agent Authorization Form
• Figures
• NCDWR Stream Data Form
• Buffer Determination Letter (DWR# 20211174)
• USACE Preliminary Jurisdictional Determination (SAW‐2021-01634)
• Buffer Impact Drawings
• Plan Sheets
• Erosion Control Sheets

If there is any additional information you need to assist in the processing of this buffer authorization, please
do not hesitate to contact me at [phone] or [e-mail].

Sincerely,

Emma Radford, WPIT
Environmental Analyst