20030642 Ver 2_Complete File_20060913

wAT QG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
}
p Alan W. Klimek, P.E. Director
Division of Water Quality
September 13, 2006
DWQ Project # 03-0642v.2
County: Wake
Town of Cary - Parks Recreation and Cultural Resources Dept.
Attn: Joe Godfrey
316 North Academy Street
Cary, NC 27513

Subject Property: Pirate's Cove Greenway
UT Lynn Branch [ 030402,27-43-3, WSIII, NSW]
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization Certificate

Dear Mr. Godfrey:

You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below,
to impact approximately 1,893 ft of Zone 1 and 994 fe of Zone 2 of the protected riparian buffers for the
purpose of constructing the greenway and footbridge at the subject property as described within your
application dated August 31, 2006, received by the Division of Water Quality on September 1, 2006. In
addition, 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, Non-
discharge regulations.
This authorization is 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 letter and is thereby responsible for
complying with all conditions. This authorization requires you to follow the conditions listed below.
The Additional Conditions of the Certification are:

1. Impacts Approved

The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:

Amount Approved nits Plan Location or Reference
Zone 1 Buffers 1,893 (square ft. P 7 of PCN
Zone 2 Buffers 994 (square ft. P 7 of PCN

1yptltCarolina
401 Oversight/Express Review Permitting Unit Q~1[CQ~~r'f
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Town of Cary
Page 2 of 3
September 13, 2006
2. Diffuse Flow

An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into
the stream as identified within 15A NCAC 2B .0233(5).
3. Erosion & Sediment Control Practices

Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:

a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
5. No Sediment & Erosion Control Measures w/n Wetlands or Waters

Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.

6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 2B.0233.

Town of Cary
Page 3 of 3
September 13, 2006
7. 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
Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
8. Deed Notifications

Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Authorization Certificate. A sample deed notification can
be downloaded from the 401/Wetlands Unit web site at: http://h2o.enr.state.ne.us/ncwetlands.
The text of the sample deed notification may be modified as appropriate to suit to this project.

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. This Authorization Certificate shall
expire five (5) years from the date of this letter.

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.
AWKlcbk/asc

Enclosures: Certificate of Completion

cc: Eric Kulz, DWQ Raleigh Regional Office
Todd Preuninger; Withers & Ravenel; I I I MacKenan Dr; Cary, NC 27511
Danny Smith, DWQ NPS Assistance & Compliance Oversight Unit
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 030642v2Pimte'sCoveGreenway(Wake)NB R

0

WITHERS RAVE: NEL
ENGINEERS I PLANNE ~SIUVEQg"S

August 31, 2oo6 3 r O ~O LA a V

NC-Division of Water Quality SEP 0 1 2006
Attn: Ms. Cyndi Karoly DENR-WATER QUAUTy
2321 Crabtree Blvd. WETMAM MO STOW&TER BRNO
Raleigh, North Carolina 27604
Re: Pirates Cove Greenway Buffer Compliance/Request for permit Modification
Withers and Ravenel Project #:2oo61053
DWQ Project 03-o642

Dear Ms. Karoly,

0n behalf of the Town of Cary, we are requesting buffer compliance from the NC- DWQ for the
construction of a greenway and footbridge that will impact 2,887 SF of the Neuse Riparian
Buffers (1,893 - Zone 1, 994 SF - Zone 2). The impacts for this crossing and another crossing
were previously approved and one of the crossings has already been constructed. However,
in order to provide access for maintenance vehicles, the width of the trail was increased
from 6 feet to 8-feet and the bridge was increased to to-feet instead of 6-feet. A copy of the
Buffer Approvals is included with the attachment. No wetlands or stream channels will be
impacted by the proposed project.
The proposed project is located south of the intersection of Walnut Street (SR 1313) and East
Maynard Road (SR 1415) in Cary, North Carolina. The bridge crossing is located at the
terminus of Greenwood Circle and is indicated on the attached USGS Quadrangle and Soil
Survey Maps. The project is located in the Neuse River Basin and contains and un-named
Tributary to Lynn Branch.
In order to avoid impacts to the stream channel, the applicant proposes a foot-bridge that
will be installed above the ordinary high water mark. Greenway trails are an allowable
activity within the buffer, therefore no mitigation is proposed for this project.
Please feel free to call if you have questions or require additional information.

Sincerely,
WITHERS &-RAVENEL, INC.

Todd Preuninger
Withers and Ravenel

Attachments -

1) PCN Form
2) Details of impacts areas
3) Agent Authorization
4) USGS Quad
5) Soil Survey Map
6) DWQ Permit

Office Use Only: L .t qpn ersion March 05

USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)

1. Processing

1. Check all of the approval(s) requested for this project:
? Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification

2. Nationwide, Regional or General Permit Number(s) Requested: NA

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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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: Town of Cary - Parks, Recreation, and Cultural Resources Dept.
Mailing Address: Attn: Joe Godfrey
316 North Academy Street
Cary, NC 27513

Telephone Number: [phone] Fax Number: [phone]
E-mail Address: Joe. og dfreyatownofcary,org

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: Todd Preuninger
Company Affiliation: Withers & Ravenel
Mailing Address: 111 MacKenan Drive
Cary, North Carolina 27511

Telephone Number: 919-469-3340 Fax Number: 919-238-2099
E-mail Address: tpreuninger(a,withersravenel.com

Page 1 of 8

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: Piarate's Cove Greenway

2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A

3. Property Identification Number (Tax PIN): NA
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): The proposed project is
located south of the intersection of Walnut Street (SR 1313) and East Maynard Road (SR
1415) in Cary, North Carolina. The bridge crossing is located at the terminus of Greenwood
Circle and is indicated on the attached USGS Quadrangle and Soil Survey Maps. The
proposed project is located south of the intersection of Walnut Street (SR 1313) and East
Maynard Road (SR 1415 in Cary, North Carolina. The bridge crossing is located at the
terminus of Greenwood Circle and is indicated on the attached USGS Quadrangle and Soil
Survey Maps.

5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 035.7620308 ON 078.7626689 °W

6. Property size (acres): NA

7. Name of nearest receiving body of water: Lynn Branch

8. River Basin: Neuse
(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.nc.us/admin/maps/.)

Page 2 of 8

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Land use within the vicinity of the er~y trail is
primarily residential

10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project consists of the construction of a egr enway trail and foot bridge. Typical
equipment associated with eenway construction (e.g. bulldozers/pavers) will be used to
complete the project.

11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide
a recreational trail for the adjacent residents.

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. DWQ No. 03-0642. An authorization was previously issued for 0.068
acres of buffer impact was previously issued for the construction of the greenway trail and two
creek crossings. Most of the trail has been paved and one bridge has been installed. However,
in order to provide access for maintenance vehicles at the second crossing, the width of the trail
was increased from 6 feet to 8-feet and the bridge was increased to 10-feet instead of 6-feet. The
approval letter is included with the attachments.
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.
None anticipated

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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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

Page 3 of 8

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.

1. Provide a written description of the proposed impacts: The proposed project will impact
2,886 SF of riparian buffer (Z1: 1,893 SF, Z2: 994 SF) for the installation of a rev trail
and bridge.

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se arately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
100-year Nearest Impact
Site Number Type of Impact (e.g., forested, marsh,
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
( es/no) (linear feet)
N/A N/A N/A N/A N/A N/A
Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: -0.2 - 0.4 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multi 1 length X width, then divide by 43,560.
Stream Impact Average Impact Area of
Number Stream Name Type of Impact Perennial t? Stream Width Length Impact
(indicate on ma) Intermittent. Before Impact (linear feet) (acres)
N/A N/A N/A N/A N/A N/A N/A
Total Stream Impact (by length and acreage) N/A N/A

5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): N/A
Wetland Impact (acres): N/A
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) N/A
Total Stream Impact (linear feet): N/A

Page 4 of 8

7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A

8. 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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond:
Size of watershed draining to pond: N/A Expected pond surface area: N/A

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. In order to avoid impacts to
the stream channel, the applicant construct a bridge above the ordinary high water mark.

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.

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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

Page 5 of 8

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 NCEEP 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/stmi,ide.html.

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.
N/A - No wetlands, stream channels, or open water will be impacted during; construction.

2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:

Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A

IX. Environmental Documentation (required by DWQ)

1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No

2. 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.

Page 6 of 8

Yes ? No ?

3. 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.

1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify)?Yes ® No ?

2. If "yes", 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* Impact Multiplier Required
(square feet) Mitigation
1 1,893 3 (2 for Catawba) N/A
2 994 N/A N/A
Total 2,887 N/A N/A
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.

3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 213 .0242 or .0244, or .0260.
Greenway trails are an allowable activity within the buffer as long as prior approval is
granted and do not require mitigation.

XI. Stormwater (required by DWQ)

Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. NA

Page 7 of 8

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.
Sanitary Sewer

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

XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.ne.us/ncwetlands. If no, please provide a short narrative description: We do
not believe that the construction of the greenway will have a negative impact on downstream
water quality.

XV. 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).
NA

is&
Applicant/Agent's Signature D e
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 8 of 8

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Buffer Impact Zone 82: 993.83 sq. ft.
Total Impact 2,886.91 sq. ft.

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WITHERS & RAVEMEL
ENCINEERS-a VLANKFUS I $URVfXOAS

Sita Accocc/Agent Authorization Form

Project Name: _ F Aj . GOve

Property Owner/Contract Purchaser: 'Moe 6Y
tc1A1
Address:
2AIN c av cUL701 fZ4L , ovt tel.
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Phone.

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Email: Ow of CAGY

I hereby grant Withers and Ravenel, INC permission to conduct environmental
studies on the property described above. In addition, I authorize Withers and.
Ravenel to act on my behalf as my agent when conducting site meetings and/or
correspondence (i.e. permit applications etc.) with the USACE and the NC - Division .
of Water Quality, if necessary.

Property Owner. Date:
(Print Name)
-01
(S ature)

Jul 18 06 04:33p CRRY PRCR 919 469 4344 p.1
OF WATF9 Michael F. Easley, Governor

I'll William G. Ross Jr., Secretary
``O ~0 North Cai, ..a Department of Environment and Natural Resources
LAUU1
r Alan W. Klimek, P.E., Director
Division of Water Quality
May 30, 2003
DWQ Project No. 03-0642
County: Wake
Town of Cary Page 1 of 2
111 James Jackson Avenue, Suite 102
Cary, NC 27513
Subject Property: Pirate's Cove Greenway, Cary, NC

APPROVAL of Neuse River Buffer Rule (15A NCAC 02B.0233) AUTHORIZATION CERTIFICATE

TO Whom It May Concern:

You have our approval, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to impact
approximately 0.068 acres of the protected riparian buffers for the purpose of constructing the greenway trail as described
within your application dated may 23, 2003. In addition, 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 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. Diffuse Flow

An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A
NCAC 2B .0233(5).
2. 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.
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.

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

1JGDEM
N. C. Division of water Quality, 401 Wetlands Certification Unit,
1650 Mail service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919.733-6893 (fax), (hitpJ,lh2o.enr.state.nc.us/ncwetlands

Jul 18 06 04:32p CRRY PRCR 919 469 4344 p.1

May 30, 2003
Wake County
DWQ Project # 03-0642
Project Name: Pirates Cove Greenway
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,

P.E.
r

e-5354
cc: Todd Preuninger, S&EC, Inc., ProjecDWQ Raleigh Regional Offic
e
File Copy
Central Office
DWQ # 03-0642

Jul 18 06 04:30p CRRY PRCR 919 469 4344 p.2

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200320852 County: Wake
NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED

Property Authorized
Owner Town of Carv Agent Soil and Environmental Consultants
Attn: Joe Godfrey Attn: Todd Preuninger
Address 111 James Jackson Avenue Address 11010 Raven Ridge Road
Cary, North Carolina 27513 Raleigh, North Carolina 27614
Telephone Number 919-363-8487 Telephone Number 919-846-5900

Size and Location of Property (waterhody, Highway name/number, town, etcl: The proposed site
consists of two foot bridges for the Pirates Cove Greenway Trail at Greenwood Circle and Kingston Ridge
Road both southwest of Macedonia Road (SR 1313) northwest of its intersection with US Hwy 1/64 in
Cary, Wake County, North Carolina.

Description of Activity: Installation of two wooden foot bridges outside of the ordinary high water mark
of an unnamed tributary of Long Branch in the Neuse River Basin.
Your work as proposed does not require Department of the Army authorization for the following reason(s):

There are no jurisdictional waters or wetlands within the boundaries of the property.
X The proposed project does not impact jurisdictional waters or wetlands.
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 Andrea Wade at telephon"umber 919 876 - 8441 extension 31

Regulatory Project Manager Signature C-; ~

Date 24 September 2003 Expiration Datei 24 September 2005

SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CF: Soil & Environmental Consultants, Attn: Todd Preuninger, 11010 Raven Ridge Road, Raleigh, NC 27614

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WITHERS RAVENEL
ENGINEERS I PLANNERS I SURVEYORS

August 31, 2oo6

2006
NC-Division of Water Quality SEP 0
Attn: Cyndi 2321 Crabtree Blvd. 3ANDSTORMWAi ALITF~ BRAWN

Raleigh, North Carolina 27604
Re: Pirates Cove Greenway Buffer Compliance/Request for permit Modification
Withers and Ravenel Project #:2oo61053
DWQ Project 03-o642

Dear Ms. Karoly,

On behalf of the Town of Cary, we are requesting buffer compliance from the NC-DWQ for the
construction of a greenway and footbridge that will impact 2,887 SF of the Neuse Riparian
Buffers (1,893 - Zone 1, 994 SF - Zone 2). The impacts for this crossing and another crossing
were previously approved and one of the crossings has already been constructed. However,
in order to provide access for maintenance vehicles, the width of the trail was increased
from 6 feet to 8-feet and the bridge was increased to 1o-feet instead of 6-feet. A copy of the
Buffer Approvals is included with the attachment. No wetlands or stream channels will be
impacted by the proposed project.
The proposed project is located south of the intersection of Walnut Street (SR 1313) and East
Maynard Road (SR 1415) in Cary, North Carolina. The bridge crossing is located at the
terminus of Greenwood Circle and is indicated on the attached USGS Quadrangle and Soil
Survey Maps. The project is located in the Neuse River Basin and contains and un-named
Tributary to Lynn Branch.
In order to avoid impacts to the stream channel, the applicant proposes a foot-bridge that
will be installed above the ordinary high water mark. Greenway trails are an allowable
activity within the buffer, therefore no mitigation is proposed for this project.
Please feel free to call if you have questions or require additional information.

Sincerely,
WITHERS do RAVENEL, INC.

Todd Preuninger
Withers and Ravenel

Attachments -

1) PCN Form
2) Details of impacts areas
3) Agent Authorization
4) USGS Quad
5) Soil Survey Map
6) DWQ Permit

L4 4
Office Use Only: Form Version March 05

USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)

1. Processing

1. Check all of the approval(s) requested for this project:
? Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification

2. Nationwide, Regional or General Permit Number(s) Requested: NA

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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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: Town of Cary - Parks, Recreation, and Cultural Resources Dept.
Mailing Address: Attn: Joe Godfrey
316 North Academy Street
Cary, NC 27513
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: joe. og dfrey(&townofcary,org

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: Todd Preuninger
Company Affiliation: Withers & Ravenel
Mailing Address: 111 MacKenan Drive
Cary, North Carolina 27511

Telephone Number: 919-469-3340 Fax Number: 919-238-2099
E-mail Address: tpreuninger(i~withersravenel.com

Page 1 of 8

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: Piarate's Cove Greenway

2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A

3. Property Identification Number (Tax PIN): NA

4. Location
County: Wake Nearest Town: Carv
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): The proposed project is
located south of the intersection of Walnut Street (SR 1313) and East Maynard Road (SR
1415) in Carv North Carolina. The bridge crossing is located at the terminus of Greenwood
Circle and is indicated on the attached USGS Quadrangle and Soil Survey Maps. The
proposed project is located south of the intersection of Walnut Street (SR 1313) and East
Maynard Road (SR 1415) in Cary, North Carolina. The bridge crossing is located at the
terminus of Greenwood Circle and is indicated on the attached USGS Quadrangle and Soil
Survey Maps.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 035.7620308 ON 078.7626689 °W

6. Property size (acres): NA

7. Name of nearest receiving body of water: Lynn Branch

8. River Basin: Neuse
(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.nc.us/admin/maps/.)

Page 2 of 8

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Land use within the vicinity of the reg enway trail is
primarily residential

10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project consists of the construction of a reg enway trail and foot bridge. Typical
equipment associated with ear enway construction (e.g. bulldozers/pavers) will be used to
complete the project.

11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide
a recreational trail for the adjacent residents.

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. DWO No. 03-0642. An authorization was previously issued for 0.068
acres of buffer impact was previously issued for the construction of the greenway trail and two
creek crossings. Most of the trail has been paved and one bridge has been installed. However,
in order to provide access for maintenance vehicles at the second crossing, the width of the trail
was increased from 6 feet to 8-feet and the bridge was increased to 10-feet instead of 6-feet. The
approval letter is included with the attachments.
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.
None anticipated

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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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

Page 3 of 8

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.

1. Provide a written description of the proposed impacts: The proposed project will impact
2,886 SF of riparian buffer (Z1: 1,893 SF, Z2: 994 SF) for the installation of a greenwa trail
and bridge.

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc.) (es/no) (linear feet)
N/A N/A N/A N/A N/A N/A
Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: -0.2 - 0.4 acres -

4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multi 1 length X width, then divide by 43,560.
Stream Impact Average Impact Area of
Number Stream Name Type of Impact Perennial or Stream Width Length Impact
dicate on ma Intermittent? Before Impact
(in p) (linear feet) (acres)
N/A N/A N/A N/A N/A N/A N/A
Total Stream Impact (by length and acreage) N/A N/A
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic -
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on map) ocean, etc.) (acres)
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): N/A
Wetland Impact (acres): N/A
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) N/A
Total Stream Impact (linear feet): N/A

Page 4 of 8

7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A

8. 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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond:
Size of watershed draining to pond: N/A Expected pond surface area: N/A

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. In order to avoid impacts to
the stream channel, the applicant construct a bridge above the ordinary high water mark.
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.

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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

Page 5 of 8

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 NCEEP 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.fc.us/ncwetlands/strrngide.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.
N/A - No wetlands, stream channels, or open water will be impacted during construction.

2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A

IX. Environmental Documentation (required by DWQ)

1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No

2. 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.

Page 6 of 8

Yes ? No ?

3. 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.

1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify)?Yes ® No ?

2. If "yes", 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* Impact Multiplier Required
(square feet) Miti ation
1 1,893 3 (2 for Catawba) N/A
2 994 N/A N/A
Total 2,887 N/A N/A
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.

3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Greenway trails are an allowable activity within the buffer as long as prior approval is
granted and do not require mitigation.

XI. Stormwater (required by DWQ)

Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. NA

Page 7 of 8

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.
Sanitary Sewer

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

XIV. Cumulative Impacts (required by DWQ)

Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetiands. If no, please provide a short narrative description: We do
not believe that the construction of the erg enway will have a negative impact on downstream
water quality.
XV. 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).
NA

i
1 a
Applicant/Agent's Signature D 4e
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 8 of 8

1
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' Impact Zone N2

GREENWOOD CIRCLE BRIDGE ENLARGEMENT
Buffer Impact Zone #1: 1,893.08 sq. ft.
Buffer Impact Zone N2: 993.83 sq. ft.
Total Impact 2,886.91 sq. ft.

GRAPHIC SCALE
4 10 20 40
1 inch - 20 R

TOWN OF CARY
ARKS RECREATION
PIRATE'S COVE G R E E N W A Y P

t
R„g in na na• 1'4= rAPY PprR q1 q daa 4'x44 r
Jul 25 2006 11:1SRM HP LRSERJET FRX P.2
'ro: ?•ot~D p~lN1NC~ G3~"'L"T9

WITHERS & RAVENEL
ENCjMgERS i PLANNERS I SuaVEXORS

site ActQcc/ASPnt Authorization Form

_ ~'1PA"IL~`.S
ProiectName:

Property Owner/Contract Purchaser:
w~
Address:
:bCS G u CUL701WL /RCS Rel.
3~ 1o NOR-Z'14 e~g4-rgmy L Z

Phone: t::4kZ Z )cg 3

Fax:
~
Email: /Ze4-w of CAR2y -O
.
I hereby grant Withers and Ravenel, INC permission to conduct environmental
studies on the property described above. In addition, I authorize Withers and.
Ravenel to act on my behalf as my agent when conducting site meetings and/or
correspondence U.e. permit applications etc) with the USACE and the NC - Division .
of Water Quatity, if necessary.

(~DI~TZ pate- `J ~ZS~JOL
Property Owner: _
(Print Name)
(S ature)

Jul 18 06 04:33p CRRY PRCR 919 469 4344 p.1

OF WATF9 Michael F. Easley, Governor
C~ Q William G. Ross Jr., Secretary
North Cat, ..a Department of Environment and Natural Resources
r Alan W. Klimek, P.E., Director
Q Division of Water Quality
May 30, 2003
DWQ Project No. 03-0642
County: Wake
Page 1 of 2
Town of Cary
111 James Jackson Avenue, Suite 102
Cary, NC 27513 -
Subject Property: Pirate's Cove Greenway, Cary, NC

APPROVAL of Neuse River Buffer Rule (15A NCAC 02B.0233) AUTHORIZATION CERTIFICATE

To Whom It May Concern:

You have our approval, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to impact
approximately 0.068 acres of the protected riparian buffers for the purpose of constructing the greenway trail as described
within your application dated may 23, 2003. In addition, 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 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. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities through the
protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A
ivCAC 213 .0233(5).

2. 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.

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.
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

1JDEIt
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mai Service Center, Raleigh, NC 27699.1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (location)
[phone] (phone), 919.733-6893 (fax), (httpJ'h2o.enr.state.nc.ustncwetlands

Jul 18 06 04:32p CRRY PRCR 919 469 4344 p,1

May 30, 2003
Wake County
DWQ Project # 03-0642
Project Name: Pirates Cove Greenway

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,

r
e3351 P. E.
cc: Todd Preuninger, S&EC, Inc., ProjecDWQ Raleigh Regional Office
File Copy
Central Office
DWQ # 03-0642

Jul 18 06 04:30p CRRY PRCR 919 469 4344 p.2

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200320852 County: Wake

NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED
Property Authorized
Owner Town of Cary Agent Soil and Environmental Consultants
Attn: Joe Godfrey Attn: Todd Preuninggr
Address 1 I 1 James Jackson Avenue Address 11010 Raven Ridge Road
Car L North Carolina 27513 Ralei-gh North Carolina 27614
Telephone Number 919-363-8487 Telephone Number 919-846-5900

Size and Location of Property waterhod Highway name(number, town etc.: The proposed site
consists of two foot bridges for the Pirates Cove Greenway Trail at Greenwood Circle and Kingston Ridge
Road both southwest of Macedonia Road (SR 1313) northwest of its intersection with US Hwy 1/64 in
Cary, Wake County, North Carolina.

Description of Activity: Installation of two wooden foot bridges outside of the ordinary high water mark
of an unnamed tributary of Long Branch in the Neuse River Basin.
Your work as proposed does not require Department of the Army authorization for the following reason(s):

There are no jurisdictional waters or wetlands within the boundaries of the property.
X The proposed project does not impact jurisdictional waters or wetlands.
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 Andrea Wade at telephone~number 919 876 - 8441 extension 31

Regulatory Project Manager Signature C j'..

Date 24 September 2003 Expiration Date 24 September 2005

SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED
TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CF: Soil & Environmental Consultants, Attn: Todd Preuninger, 11010 Raven Ridge Road, Raleigh, NC 27614

MapQuest: Maps Page I of 1

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27511 US
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