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20071578 Ver 1_Notice of Withdrawal_20100505
©?,? ___?- NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 5, 2010 DWQ Project # 07-1578 Wake County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Aaron Brower City of Raleigh Public Utilities One Exchange Plaza, Suite 620 Raleigh, NC 27602 Subject Property: City of Raleigh - Gorman Street Sanitary Sewer Rehabilitation UT to Brushy Creek [030402, 27-34-3, C, NSW] NEUSE BUFFER RULE REVIEW REQUEST Dear Mr. Brower: Reference is made to the City of Raleigh's application to temporarily fill 530 linear feet of intermittent streams and to impact 39,100 square feet (ft) of Zone 1 and 12,575 square feet (ft2 of Zone 2 Neuse River Basin protected riparian buffers to construct the referenced sewer rehabilitation project. This application dated, March 20, 2007 was returned to you in a letter from the Division of Water Quality (DWQ) dated February 11, 2010.On March 30, 2010, DWQ received a letter from your consultant requesting that the buffer impacts associated with this subject property be considered an existing use that would be exempt from the Neuse Buffer Rules (15A NCAC 2B.0233) and thus not require authorization from DWQ. Existing impacts in the protected riparian buffer are no longer considered existing if impervious surface is added to the buffer, an agricultural use is converted to a non-agricultural use or a lawn ceases to be maintained per [15A NCAC 2B. 0233 (3)(b)(ii)]. Any portion of the utility line or easement in the buffer that has not been maintained as grass would not be considered an existing use that was exempt from the Neuse Buffer Rules (15A NCAC 2B.0233) and would require mitigation for the impacts to Zone 1 of the protected riparian buffers. Based upon our review of the application materials provided thus far, DWQ cannot conclude that the proposed impacts are exempt or temporary. The plans submitted with your application seem to indicate that upsizing of the existing sewer line pipe from 8 inches to 12 inches will incur new impacts (clearing) within Zones 1 and 2 of the buffer at various locations throughout the project corridor. Specifically, the shaded area signifying the utility corridor appears to include existing forested areas that would need to be cleared in order to construct and maintain an expanded utility corridor. Furthermore, it is unclear where forested vegetation would be temporarily cleared and subsequently restored, versus areas that would be permanently impacted within the maintenance corridor. You have the option of reapplying to DWQ. If you decide to reapply, please be sure to clearly describe and delineate temporary and permanent buffer impacts within Zones 1 and 2. Any permanent impacts within Zone 1 will require appropriate buffer mitigation at a 3:1 ratio per 15A NCAC 2B .0242. Please 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX: 919-733-6893 Internet: http:/lh2o.enr.state.nc.us/ncwetlands/ NonrthCarolina Naturally An Equal Opportunity 1 Affirmative Action Employer Aaron Brower Page 2 of 2 April 28, 2010 note that this buffer restoration may be implemented within City-owned property within Zone 1 within the project vicinity where possible. Note that areas where temporary impacts are subsequently to be restored would not qualify as mitigation for the permanent impact areas. If there is not enough suitable area within Zone 1 within the project vicinity for buffer restoration, buffer restoration areas may be located within the same 8-digit cataloging unit as the proposed buffer impacts as described by the U.S. Geological Survey. Thank you for your attention to this matter. We look forward to reviewing your revised application materials, and would be happy to engage in a pre-application meeting to discuss impacts and associated mitigation proposals. Please be aware that this correspondence does not provide authorization under the Neuse Buffer Rules or Wetland Rules for this activity, and any work done within the protected buffers or Waters of the State would be a violation of North Carolina General Statutes and North Carolina Administrative Code 15A NCAC 2B.0233 and 2H.0500. Please call Mr. Ian McMillan or Ms. Amy Chapman at 919-733-1786 if you have any questions or concerns. Sincerely, Cyndi Karoly, Wetlands and Stormwater Branch Chief CBKlasc cc: Lauren Witherspoon, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy William Mason, CDM, 5400 Glenwood Ave, Ste 300, Raleigh, NC 27612 Filename: 071578CityofRaleighGormanStSanitarySewerRehab( Wake)NBR_Exemption_Review_Request.doc