20040306 Ver 1_Other Documents_20060627

C
ENGINEERING DEPARTMENT
June 5, 2006
A. Battle Whitley, IV, PE
District Engineer
NC Department of Transportation
1575 MAIL SERVICE CENTER
Raleigh, 27699-1575
SUBJECT: Encroachment Agreement for Evans Road Widening (SR 1653)
from approximately 510 feet north of NW Maynard Road (SR 1747)
to 520 feet north of West Dynasty Drive. Town of Cary Project ST1075
Dear Mr. Whitley:
Thank you for taking the time to meet and discuss the subject project on 5/11/2006. It is my
understanding the plans are satisfactory and the only outstanding issue prior to processing the
encroachment agreement is who will be responsible for maintaining the associated BMPs.
The NCDOT Hydraulics Unit has indicated the BMPs are a result of DWQ reviewing the outfalls under
Rule 15A NCAC 026.0235 (Urban Storm water Requirements) for nitrogen control and the Division of
Highways is currently held to Rule 15A NCAC 026.0233 concerning diffuse flow requirements. The
Hydraulics Unit stated any DWQ requirements specific to local governments regarding nitrogen control
should be located within a recorded public drainage easement including a maintenance agreement
identifying the Town responsible for perpetual maintenance of the BMPs.
The Town of Cary was not aware projects engaged by municipalities to improve State maintained
facilities are reviewed under different rules than projects engaged by the State. In addition, the Town was
not aware it would be required to maintain BMPs associated with improving a State maintained facility.
NCDOT has indicated all municipalities are held to this standard and sited the City of Raleigh, in a similar
situation, where the City was required to obtain and maintain separate easements containing BMPs.
The Town of Cary is committed to planning for the future and providing infrastructure improvement based
on the needs of our community. The Evans Road widening project will promote and support the Town's
goal to provide a high quality of life for our citizens. The Town of Cary agrees to maintain the BMPs for
the subject project However, in the future, if the requirements change, where NCDOT and the Town of
Cary are held to the same rule, the Town would respectfully request NCDOT to take over maintenance of
these BMPs.
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TOWN Of CARY
318 North Academy Street • Cary, NC 27513 • PO Box 8005 • Cary, NC 27512-8005
tell 919-469-4030 • fax [phone] • www.townofcary.org
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