20170980 Ver 1_Riparian Buffer Authorization_20170801

Burdette, Jennifer a
From: Scott de Deugd <[e-mail]>
Sent: Tuesday, August 01, 2017 1:13 PM
To: Burdette, Jennifer a
Cc: Daniel (Dan) Clinton
Subject: Re: 2017-00868 Unauthorized Activity 328 Waldo Street
Attachments: 328WaldoSt BA 10-2013_Buffer Auth Form_DWRNotes signed.docx
Thank you Jennifer for the review.
I have attached the signed copy.
regards .................... Scott
On Tue, Aug 1, 2017 at 12:34 PM, Burdette, Jennifer a <[e-mail]> wrote:
Scott,
I've revised the form to include the information required to process a buffer authorization. Please review, sign
and return a scanned copy to me via email.
Jennifer
401/Buffer Coordinator
Division of Water Resources - 401 & Buffer Permitting Branch
Department of Environmental Quality
919 807 6364 office
1617 Mail Service Center
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From: Scott de Deugd [mailto:[e-mail]]
Sent: Friday, July 07, 2017 9:09 AM
To: Burdette, Jennifer a <[e-mail]>
Cc: Daniel (Dan) Clinton <[e-mail]>
Subject: Re: 2017-00868 Unauthorized Activity 328 Waldo Street
Jennifer, Dan, I have filled out that form with all information I know, and attached it to this email.
I would appreciate your review to see if it is sufficient. I was not fully sure of the full meaning or relevance of
some questions, but have provided my best knowledge in the replies.
regards .............................. Scott
On Fri, Jun 30, 2017 at 4:45 PM, Burdette, Jennifer a <[e-mail]> wrote:
We need an after -the -fact application for the impact to the buffer. Mr. de Deugd can find the application and
instructions in the help document here.
Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources - 401 & Buffer Permitting Branch
Department of Environmental Quality
919 807 6364 office
[e-mail]
1617 Mail Service Center
PEI

Raleigh, NC 27699-1617
(Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9th F1r Archdale Bldg — Room 942F)
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
-----Original Message -----
From: Daniel (Dan) Clinton[mailto:[e-mail]]
Sent: Thursday, June 29, 2017 11:56 AM
To: 'Alexander, Tasha L CIV USARMY CESAW (US)' <Tasha. L. Alexander@us ace. army. mil>; Eric Kulz
<Eric. Kulz@townofcary. org>; Burdette, Jennifer a <[e-mail]>
Cc: 'Scott de Deugd' <[e-mail]>; Daniel (Dan) Clinton <Dan. Clinton@townofcary. org>
Subject: FW: 2017-00868 Unauthorized Activity 328 Waldo Street
Tasha and Jennifer,
I think we are coming to a resolution to the wall you guys came and looked at a few months back here in
Cary. The owner had an Engineer take a look at potential impact to the floodplain. His study determined that
the top two courses of block/bags needed to come off to ensure a no -impact condition to the floodplain. This
is something that should be easy to do and will be certified by the Engineer.
That being said, I spoke to the owner and he is signing and returning the letter from the Corps. The letter
indicated the need for the permit if he modifies the wall but I told him I did not think this was modifying the
wall from the ACOE perspective in that it will not impact the channel (or buffer). Please verify that
assumption.
Also, is DWQ ok with everything here?
Thank you.
Daniel Clinton, PE, CFM
Stormwater Engineer

TOWN Of CARY, WATER RESOURCES DEPARTMENT PO Box 8005 1 Cary, NC 27512-8005
316 N. Academy Street I Cary, NC 27513
phone: [phone] fax: [phone]
[e-mail]
In keeping with the NC Public Records Act, emails and all attachments, may be released to others upon
request for inspection and copying without prior notification.
-----Original Message -----
From: Alexander, Tasha L CIV USARMY CESAW (US) [mailto:[e-mail]]
Sent: Tuesday, May 09, 2017 1:09 PM
To: Daniel (Dan) Clinton <Dan. Clinton@townofcary. org>; Eric Kulz <Eric. Kulz@townofcary. org>;
Burdette, Jennifer a <Jennifer. Burdette@ncdenr. gov>
Subject: 2017-00868 Unauthorized Activity 328 Waldo Street
All,
I have attached a copy of the UA I'm sending out to Mr. Dedeugd today. Please let me know if you have
questions.
Thank you,
Tasha Alexander
Regulatory Specialist
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers -Wilmington District
4

3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone]. extension 35
email: [e-mail] The Wilmington District is committed to providing the highest level
of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction
Survey located at our website at http://www.saw.usace.army.mil/missions/RegulatoryPermitProgram.aspx to
complete the survey online.
-----Original Message -----
From: [e-mail] [mailto:[e-mail]]
Sent: Tuesday, May 09, 2017 1:04 PM
To: Alexander, Tasha L CIV USARMY CESAW (US) <Tasha.L.Alexander@usace. army. mil>
Subject: Scanned Document (Signed)

DWR
State of North Carolina
Department of Environmental Quality
Division of Water Resources Division of Water Resources
15A NCAC 0213.0233 (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:
328 Waldo St
1 b. County:
Wake
1c. Nearest municipality:
Cary
1d. Subdivision name:
FOREST PARK
1e. Is the project located in any of North Carolina's twenty coastal counties?
If yes, answer 1f below.
❑ Yes ® No
1 f. Is the project located within a NC Division of Coastal Management Area of
Environmental Concern (AEC)?
❑ Yes ® No
2. Owner Information
2a. Name on Recorded Deed:
DEDEUGD, SCOTT C & VICKI W
2b. Deed Book and Page No.
12539
2c. Map Book and Page No.
(include a copy of the
recorded map that indicates
when the lot was created):
1383
2d. Responsible Party
(for Corporations):
2e. Street address:
328 Waldo St
2f. City, state, zip:
Cary NC 27511
2g. Telephone no.:
919-345-8687
2h. Fax no.:
2i. Email address:
[e-mail]
3. Applicant Information (if different from owner)
3a. Applicant is: ❑ Agent ❑ Other, specify:
3b. Name:
3c. Business name
(if applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
4. Agent/Consultant Information (if applicable)
4a. Name:
4b. Business name
(if applicable):
4c. Street address:
4d. City, state, zip:
4e. Telephone no.:
4f. Fax no.:
4g. Email address:
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): 0764714440
1 b. Site coordinates (in decimal degrees): Latitude: 35.787097 Longitude: -78.772754
1c. Property size: 0.55 acres
2.
Surface Waters
2a. Name of nearest body of water to proposed project: Walnut Creek
2b. Water Quality Classification of nearest receiving water: C; NSW
2c. River basin: Neuse
3.
Project Description
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:
Site is experiencing sever erosion from excessive storm water velocity. Building foundation cited at -risk for
undermining. Previously recommended remediation using granite rip -rap was ineffective.
3b. Attach an 8'h x 11 excerpt from the most recent version of the USGS topographic map indicating the location
of the site
3c. Attach an 8'h x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map
depicting the project site
3d. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
—160
3e. Explain the purpose of the proposed project:
Used concrete sack for erosion control. Appx 25'
3f. Describe the overall project in detail, including the type of equipment to be used:
Sacks to be stacked only in area need to protect structure. No equipment needed — work done by hand.
4.
Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by
the Corps or State been requested or obtained for this
property/ project (including all prior phases) in the past?
® Yes ❑ No ® Unknown
Comments: No wetlands were determined to be
present.
4b. If yes, who delineated the jurisdictional areas?
Name (if known): Tasha Alexander
Agency/ Consultant Company: USACE
Other:
4c. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach
documentation.
3/28/2017
5.
Project History
5a. Have permits or certifications been requested or obtained
for this project (including all prior phases) in the past?
❑ Yes ® No ❑ Unknown
5b. If yes, explain and detail according to "help file" instructions.
6.
Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
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
number—
Permanent (P)
or Temporary
(T)
Reason for
impact
Type of impact
(exempt, allowable,
allowable w/
mitigation)
Stream name
Buffer
mitigation
required?
Zone 1
impact
(sq ft)
Zone 2
impact
(sq ft)
B1 ® P ❑ T
Bank
stabilization
Allowable
Walnut Creek
❑ Yes ® No
75
0
B2 ❑ P ❑ T
2c. If buffer mitigation is required, is payment to a mitigation bank or NC DMS
proposed?
❑ Yes ❑ No
2d. If yes, attach the acceptance letter from the mitigation bank or NC DMS.
❑ Yes ❑ No
2f. Comments:
B3 ❑ P ❑ T
❑ Yes ❑ No
B4 ❑ P ❑ T
❑ Yes ❑ No
B5 ❑ P ❑ T
❑ Yes ❑ No
B6 ❑ P ❑ T
❑ Yes ❑ No
Total buffer impacts
75
0
1 c. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Erosion control measured to be contained within extent of property's streambank as originally purchased and
prior to storm water erosion damage.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction
techniques. Height and extent of erosion control to be contained within original stream profile. Measures
taken are minimum need to prevent structure damage form stream bank erosion.
2. Buffer Mitigation
2a. Will the project result in an impact within a protected riparian buffer that
requires buffer mitigation?
❑ Yes ® No
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
(square feet)
Required mitigation
(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 mitigation bank or NC DMS
proposed?
❑ Yes ❑ No
2d. If yes, attach the acceptance letter from the mitigation bank or NC DMS.
2e. If no, then discuss what type of mitigation is proposed.
Ensure project matches original stream profile and only as needed to prevent erosion damage.
2f. Comments:
FORM: BA 10-2013 Page 3 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.
1 b. If you answered "yes" to the above, does the project require preparation of an
If due to site constraints, a BMP other than a level spreader is proposed, please provide a
environmental document pursuant to the requirements of the National or State (North
plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP
Carolina) Environmental Policy Act (NEPA/SEPA)?
Manual and attach a BMP Supplement Form. No discrete stormwater conveyances will
1 c. If you answered "yes" to the above, has the document been finalized by the State
be constructed as part of the project and diffuse flow will be maintained.
Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.)
F. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of 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
❑ Yes ® No
Wetland 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):
Town of Cary has coordinated impact review and determined an engineering study is required to ensure no
impact to town -regulated floodplain. That study was completed and indicated adjustment to erosion control
wall will be made.
Scott de Deugd Applicant/Agent's Signature 8/1/17
Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant is provided.) Date
Send 3 complete sets of this form and accompanying documents to the following:
For government transportation projects sent by
First Class Mail via the US Postal Service:
NC DWR, Transportation Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 - 1617
For all other projects sent by First Class Mail via
the US Postal Service
For government transportation projects sent by
delivery service (UPS, FedEx, etc.):
OR NC DWR, Transportation Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
OR For all other projects sent by delivery service
(UPS, FedEx, etc.):
FORM: BA 10-2013 Page 4 of 5

Karen Higgins
NCDWR — 401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699 - 1617
Karen Higgins
NCDWR — 401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
FORM: BA 10-2013 Page 5 of 5