20150870 Ver 1_Riparian Buffer Authorization_20150826

8000 Regency Parkway, Suite 600
Cary, North Carolina 27518
(919) 463 -5488, FAX [phone]
August 20, 2015
Ms. Karen Higgins
NCDWR — 401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
RE: Jack Smith Public Park Project
Hello Ms. Higgins,
Please find attached a completed application for a Riparian Buffer Authorization request for the Jack
Smith Public Park project located in Cary (Wake County). If you have any questions or comments
regarding the application, please do not hesitate to email or call me at the contact information
provided below.
Thank you very much,
Scott King
Scott.King @mbakerintl.com
(919) 219 -6339
aker

D�Z:W�_R
Division of Water Resources
State of North Carolina
Department of Environment and Natural Resources
Division of Water Resources
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) - Buffer Authorization
FORM: BA 10 -2013
Riparian Buffer Authorization Form
A. Applicant Information
1. Project Information
1 a. Name of project: Jack Smith Park
1 b. County: Wake
1c. Nearest municipality: Cary
1d. Subdivision name: N/A
1e. Is the project located in any of North Carolina's ❑ Yes
twenty coastal counties. If yes, answer 1f below.
1f. Is the project located within a NC Division of Coastal Yes
Management Area of Environmental Concern (AEC)?
2. Owner Information
2a. Name on Recorded Deed: Town of Cary
2b. Deed Book and Page No. Deed Book 08765, Page 0114
2c. Map Book and Page No. (municipal project)
(include a copy of the recorded
map that indicates when the lot
was created):
2d. Responsible Party
(for Corporations):
2e. Street address: 9725 Penny-Rd
2f. City, state, zip: Cary, NC, 27606
2g. Telephone no.:
2h. Fax no.:
2i. Email address:
3. Applicant Information (if different from owner)
3a. Applicant is: ❑ Agent ® Other, specify: consultant (see below)
3b. Name:
3c. Business name
(if applicable):
3d. Street address:
2 0� L J o l tj
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3e. City, state, zip: inn [ �? I Cam`,' R n M Fi_� 6I
3f. Telephone no.:
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3g. Fax no.: 1UU1 �tuu
3h. Email address:
4. Agent/Consultant Information (if applicable) _ ,
4a. Name: Scott King 401 & BUFFER PERM!"'t iti I
4b. Business name
Michael Baker International
(if applicable):
4c. Street address:
8000 Regency Parkway - Suite 600
4d. City, state, zip:
Cary, NC 27518
4e. Telephone no.:
919 - 481 -5731 li
4f. Fax no.:
919 -463 -5490 i
4g. Email address:
Scott.King @mbakerintl.com
FORM: BA 10 -2013
Page 1 of 5

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees):
1 c. Property size:
2. Surface Waters
2a. Name of nearest body of water to proposed project:
2b. Water Quality Classification of nearest receiving water:
2c. River basin:
3. Project Description
PIN 0761934658
Latitude: 35.7101 Longitude: - 78.7663
47.07 acres
UT to Dutchman's Branch is located on project
Dutchman's Branch WS -III; NSW (located 0.1 miles
south of project)
Neuse River Basin
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Currently the parcel is mostly forested with residential housing dominating the surrounding area (with the
exception of the mostly vegetated Dutchman's Branch stream corridor located to the south).
3b. Attach an 8'/ x 11 excerpt from the most recent version of the USGS topographic map indicating the location of
the site (see attached map)
3c. Attach an 8'/ x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map
depicting the project site (see attached map)
3d. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
An estimated total of 748 ft of perennial and 339 ft of intermittent stream exist on the property
3e. Explain the purpose of the proposed project:
The construction Jack Smith Public Park for the Town of Cary (an LID development)
3f. Describe the overall project in detail, including the type of equipment to be used:
Typical construction equipment involved in the installation of playground areas, public bathrooms, dog play areas,
permeable pavement parking areas, a greenway walking trail, sculpture garden, picnic lawn, and 5 Bioretention
Area BMP features.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the ® Yes ❑ No ❑ Unknown
Corps or State been requested or obtained for this property/ Comments:
project (including all prior phases) in the past?
4b. If yes, who delineated the jurisdictional areas? Agency/ Consultant Company: Mulkey
Name (if known): Todd Preuninger Engineers and Consultants
Other:
4c. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
October 2013 (see attached)
5. Project History
5a. Have permits or certifications been requested or obtained for this I ® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
5b. If yes, explain and detail according to "help file" instructions.
Project received a No Permit Required letter from the Corps of Engineers in Dec. 2013 (SAW- 2013- 02290, copy
attached).
6. Future Project Plans
6a. Is this a phased project?
6b. If yes, explain.
❑ Yes ® No
FORM: BA 10 -2013 Page 2 of 5

C. Proposed Impacts Inventory
1. Buffer Impacts
1a. Project is in which protected basin?
® Neuse
❑ Tar - Pamlico ❑ Catawba
❑ Randleman
❑ Jordan ❑ Goose Creek
1 b. Individually list all buffer impacts below.
If any impacts require mitigation, then you MUST fill out Section D of this
form.
Buffer impact Reason for
Type of impact
Stream name Buffer Zone 1 Zone 2
number — impact
(exempt, allowable,
mitigation impact impact
Permanent (P)
allowable w/ mitigation)
required? (sq ft) (sq ft)
or Temporary (T)
B1 ® P ❑ T BMP outfall
allowable
UT to Dutchman's ❑ Yes ® No 304 309
Branch
B2 ❑ P ® T Bury drain pipe
allowable
UT to Dutchman's ❑ Yes ® No 24
Branch
B3 ❑ P ❑ T
❑ Yes ❑ No
B4 ❑ P ❑ T
❑ Yes ❑ No
B5 ❑ P ❑ T
❑ Yes ❑ No
B6 ❑ P ❑ T
❑ Yes ❑ No
Total buffer impacts 304 333
1c. Comments: Impact consists of the rock stabilized pad and
grassy swale associated with the outfall pipe of a
Bioretention Area BMP.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Design changes were attempted to add a level spreader to the BMP, or to use another type of BMP in this area,
or to divert the outfall pipe to an area outside the buffer. However, there were serious design constraints with all
these options due to existing ground elevations and outfall elevation requirements. The adjacent topography is
just too restrictive. The outfall pipe was daylighted in Zone 2 on a rock pad and a grassy swale will be installed
leading to the stream.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The grassy swale will be built with a low gradient and gentle 3:1 sideslopes. Heightened E &SC precautions will
be undertaken while working in this area including additional silt fence and /or coir logs where warranted and a
slope stabilization effort immediately post- construction to include E &SC blanket over seed.
FORM: BA 10 -2013 Page 3 of 5

C. Impact Justification and Mitigation, continued
2. Buffer Mitigation
2a. Will the project result in an impact within a protected riparian buffer that requires buffer I ❑ Yes ® No
mitigation?
2b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and
calculate the amount of mitigation required in the table below.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
Total buffer mitigation required:
2c. If buffer mitigation is required, is payment to a ❑ Yes ❑ No
mitigation bank or NC EEP proposed?
2d. If yes, attach the acceptance letter from the mitigation bank or NC EEP.
2e. If no, then discuss what type of mitigation is proposed.
2f. Comments:
FORM: SSGP3080 8 -13 Page 4 of 5

E. Diffuse Flow Plan
All buffer impacts and high ground impacts require diffuse flow or other form of ❑ Diffuse flow
stormwater treatment. Include.a plan that fully documents how diffuse flow will be ® Other BMP
maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form.
If due to site constraints, a BMP other than a level spreader is proposed, please provide a
plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP
Manual and attach a BMP Supplement Form.
F. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal /state /local) funds or the use of ® Yes ❑ No
public (federal /state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an ❑ Yes ® No
environmental document pursuant to the requirements of the National or State (North
Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document been finalized by the State ❑ Yes ❑ No
Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.)
Comments:
2. Violations
2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland ❑ Yes ® No
Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian
Buffer Rules (15A NCAC 02B .0200)?
2b. Is this an after - the -fact permit application? ❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
VC / /41 9/20%
Applicant/Agent's Zted Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Send 3 complete sets of this form and accompanying documents to the following:
For government transportation projects sent For government transportation projects sent
by First Class Mail via the US Postal Service: by delivery service (UPS, FedEx, etc):
NC DWR, Transportation Permitting Unit OR NC DWR, Transportation Permitting Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699 - 1617 Raleigh, NC 27604
For all other projects sent by First Class Mail For all other projects sent by delivery service
via the US Postal Service (UPS, FedEx, etc):
Karen Higgins OR Karen Higgins
NCDWR — 401 & Buffer Permitting Unit NCDWR — 401 & Buffer Permitting Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699 - 1617 Raleigh, NC 27604
FORM: BA 10 -2013 Page 5 of 5

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INTERNATIONAL Map Sheet 76
Jack Smith Park

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: SAW- 2013 -02290 County: Wake
NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED
Agent Todd Preuninizer
Mulkey Engineers & Consultants
Address PO Box 33127
Raleigh, NC 27636
Telephone Number 919- 851 -1918
Applicant Sarah Alexander
Town of Cary — Parks Planning
Address 316 N. Academy St.
Cary, NC 27513
Telephone Number 919 - 462 -2075
Size and Location of Propertv (waterbodv, HiShwav name /number, town, etc.): The properties
evaluated are PINS: 076104934658 & 0761939036 totaling approximately 50.4 acres, south of Penny
Road, located at Bartley Park, with a street address of 9725 Penny Road, Town of Cary, Wake County,
North Carolina. The approximate center of the properties: Latitude: 35.7097, Longitude: - 78.7655. The
two unnamed tributaries on the property flow to Dutchmans Branch, which flows to Swift Creek.
Description of Activitv: According to stream and wetland determinations carried out by Mulkey
Engineers and Consultants on 10/2013 and the documents and Field Verification Map (copy attached)
submitted to our office on November 4, 2013, no waters of the U.S. will be impacted by the proposed
development of Bartley Park. Therefore, no Department of the Army Authorization is required for work
for this project. This letter applies only to the proposed development of the properties as shown on the
Field Verification Map submitted to our office on November. 04, 2013.
Your work as proposed does not require Department of the Army authorization for the following reason(s):
n There are no jurisdictional waters or wetlands within the boundaries of the property.
The proposed project does not impact jurisdictional waters or wetlands.
n The proposed project is exempt from Department of the Army regulation.
(Specify)
This Department of the Army determination does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals /permits. The permittee may need to
contact appropriate State and local agencies before beginning work.
Any changes in the above described work must be coordinated with the Corps of Engineers prior to
commencement. If you have any questions regarding the Corps of Engineers regulatory program,
please contact Craig Brown at telephone number (919) 554 - 4884 extension 35
Regulatory Project Manager Signature _►i -
U
Date December 2, 2013 Expiration Date December 2, 2018
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.

published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808 -2808 to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Crai¢ Brown at 919 -554 -4884 x35 or
Craia.J.Brown(a1usace. armv.mil.
C. Basis For Determination: Stream and wetland determination carried out by Applicant's agent, Todd
Preuninger of Mulkey Engineers and Consultants 10/2013.
D. Remarks: None
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room IOM 15
Atlanta, Georgia 30303 -8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by N/A (Preliminary JD)..
**ft is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. *
Corps Regulatory Official:
Date: December 2, 2013 Expiration Date: December 2.2018

The Wilmington District is committed to providing the highest level ofsupport to the public. To help us ensure we continue to
do so, please complete the attached customer Satisfaction Survey or visit htiv.//Der2.nwD. usace.armumil/survev.html to
complete the survey online.
Copy furnished:
Todd Preuninger
Mulkey Engineers & Consultants
PO Box 33127
Raleigh, NC

Applicant: Sarah Alexander; Town of Cary I File Number: SAW - 2013 -02290 I Date: December 2, 2013
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B
❑ PERMIT DENIAL C
❑1 APPROVED JURISDICTIONAL DETERMINATION D
®1 PRELIMINARY JURISDICTIONAL DETERMINATION E
SEC TION I = TtietTollowing identifies youri nght5 and options regarding an adininstcative;appeau bf tlie; atiove;decisiona' z "'
- rr -.;s.. «.:,-•- ,r,ry {r,
Additional uifoiinat�on may, be found at htto'// www. usaee: arrnv. miUinetl- functions%cw /ceewo /reg of
Corps regulations at 33 CFR Part I.
A. INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section Il of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section H of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: `PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION.II. -, REQ,UEST FOR-APPEAL or OBJECTIONS:TO,AN INITIAL PROFFERED. PERMIT -
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
:record.
POINT OF CONTACT FOR - UESTIONS OR INFORMATION' ' ,w- "�' "' . ,
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Craig Brown CESAD -PDO
Raleigh Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 1OM15
Wake Forest, North Carolina 27587 Atlanta, Georgia 30303 -8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity participate in all site investi rations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Craig Brown, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD -PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303 -8801
Phone: [phone]

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