20080425 Ver 2_401 Application_20081008

WITHERS & RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
111 MacKenan Drive
CARY, NORTH CAROLINA, 27511
[phone]
FAX [phone]
TO: NC-Division of Water Quality
2321 Crabtree Boulevard
Raleigh, NC 27604
WE ARE SENDING YOU
? Shop Drawings
? Copy of Letter
® Attached via
? Prints
? Change order
LEFTEG OCR ° ° HM77AL
DATE 10/23/08 JOB NO. 2020254.1
ATTENTION Ms. Amy Chapman
PHONE #
RE: Cemeterv Branch Sewer Replacement
Courier the following items:
? Plans ? Samples ? Specifications
? Diskette ?
COPIES DATE NO. DESCRIPTION
5 Request for Permit Modification
DENR - WATER QUALITY
anR AN8 STQRIIDdATER II
THESE ARE TRANSMITTED as checked below:
® For approval ? Approved as submitted
? For your use ? Approved as noted
? As requested ? Returned for corrections
? For review and comment ?
? FOR BIDS DUE 20 ? PRINTS RETURNED AFTER LOAN TO US
REMARKS:
COPY TO: file
? Resubmit copies for approval
? Submit copies for distribution
? Return corrected prints
SIGNED: Todd Preuninger
If enclosures are notas noted, kindlynotify us atone.
WITHERS
October 23, 2oo8
NC-Division of Water Quality
Attn: Ms. Amy Chapman
2321 Crabtree Blvd.
Raleigh, NC 27604
L1?? RAVEN EL
ENGINEERS I PLANNERS
Re: Cemetery Branch Sanitary Sewer Replacement
Request for Permit Modification
W&R Project #: 02020254.1
DWQ Project #: 2oo8-0245
Dear Ms. Chapman:
I SURVEYORS
On behalf of the City of Raleigh we are requesting a permit modification from the NC-
DWQ for the impacts to riparian buffers associated with the re-habilitation of a sewer
line. Specifically, due to issues with obtaining easements from property owners, the
there are areas where we were unable to re-locate the sewer line outside of its
existing easement. However, the overall impacts have been reduced. Please note,
that although we will be impacting Zone 2 of the buffer (see exhibit 5), the proposed
corridor will still be located farther away from the creek and completely outside of
the old alignment.
The revised impacts are as follows: 38 linear feet of important/perennial stream, and
34,173 SF of riparian buffer (Zone 1: 12,552, Zone 2: 21,621). The impacts are
summarized on the overall impact map as well as the PCN form.
Please feel free to call if you have questions or require additional information.
Sincerely,
WITHERS & RAVENEL, INC.
Todd Preuninger
Attachments -
1) Revised PCN Form
2) Site plans
3) Previous 401 approval
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iii MacKenan Drive i Cary, NC 27511 1 tel: [phone] fax: [phone]oo8 1 www.withersravenet.com
7040 Wrightsville Avenue 1 Suite 1o1 1 Wilmington, NC 28403 1 tel: [phone] fax: [phone]
Brunswick Surveying 1 1027 Sabbath Home Rd, SW i Supply, NC 28462 1 tel: 91o.842.9392 i fax: [phone]o19
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. ?g - D 4 a5 u a'
(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: Buffer Compliance
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 LSk9 `1
Owner/Applicant Information
OCT 2 3 2008
Name:_ City of Raleigh Attn: Kenneth Waldroup BENR WATER QUALITY
Mailing Address: P.O. Box 590 VjE1LANDSANDSTORM
Raleigh NC 27602
Telephone Number: 919-831-6161 Fax Number: 919-857-4545
E-mail Address: [e-mail]
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: Withers & Ravenel Attn: Todd Preuninger
Company Affiliation: Engineer/Consultant
Mailing Address: 111 MacKenan Drive
Cary NC 27511
Telephone Number: 919-469-3340 Fax Number: 919-535-4545
E-mail Address: Tpreunin eg?rn withersravenel.com
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
Page 1 of 9
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: Cemetery Branch Sanitary Sewer Replacement
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): NA
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): The subject area is
located in downtown Raleigh adjacent to Cemetery Branch Creek, between Capitol Blvd and
North Boundary St.
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): 35.8018837 ON 78.6221736 °W
6. Property size (acres): Linear Project 5100'
7. Name of nearest receiving body of water: Cemetery Branch
8. River Basin: Neuse River Basin
(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/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Approximately half of the project will be confined to an
existing sewer easement. The land use within the vicinity of the project consists of residential
yards, and roads/parking lots.
10. Describe the overall project in detail, including the type of equipment to be used: This
project consists of rgplacin an aging sewer line that is currently located adjacent to
Cemetery Branch Creek. A majority of the existing easement is within 5 feet of the creek
and runs parallel on zone I and zone 2 of the buffers. In two areas the existing line is
Page 2 of 9
actually runs along the base of the stream. Large excavating equipment (i.e. trackhoe) will
be used to install the sewer line.
11. Explain the purpose of the proposed work: The purpose of this project is to protect water
quality by replacing the existing line (i.e. prevent Mills) and moving it away from the creek
banks wherever possible. The current line, constructed of clay pipe with joints every 3 feet,
will be replaced by a metal pipe with fewer joints, reducing the risk of spills and extending
the life of the sewer line.
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. Wetlands were delineated by Withers & Ravenel and an upland data
form is included with the attachments. On January 18, 2008, a pre-application meeting was
conducted with Ms. Amy Chapman of the NC-DWQ to review the proposed impacts to the
riparian buffers needed to rehabilitate the sewer line. On February 28, 2008, a second meeting
was conducted with Ms. Amy Chapman and members of the City of Raleigh Public Works and
Withers & Ravenel to discuss mitigation requirements. Because one component of this project is
to protect water quality and move the sewer line away from the creek it was determined that in
area where the existing sewer line is abandoned, the applicant will re-plant the riparian buffer to
satisfy mitigation requirements.
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.
No additional impacts are proposed at this time.
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 9
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 impacts consist
of 38 linear feet of important/perennial stream.
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,
-,ennrately lint impact-, tide to hoth -,trnrture and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
NA NA NA NA NA NA
Total Wetland Impact (acres) NA
3. List the total acreage (estimated) of all existing wetlands on the property: NA
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, multiply length X width, then divide by 43,560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acres)
I (sheet 2) Cemetery Branch Temporary Perennial 5 15 0.017
2 (Sheet 5) Cemetery Branch Temporary Perennial 5 23 0.012
Total Stream Impact (by length and acreage) 38 0.029
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)
NA NA NA NA NA
Total Open Water Impact (acres) NA
6. List the cumulative impact to all Waters of the U.S. resulting from the moiect:
Stream Impact (acres): 0.029
Wetland Impact (acres): NA
Open Water Impact (acres): NA
Total Impact to Waters of the U.S. (acres) 0.029
Page 4 of 9
Total Stream Impact (linear feet): 38
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.
NA
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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
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. Prior to the design process, the
applicant requested that detailed wetland delineation be conducted so that impacts to wetlands
and `waters' could be minimized. The existing sewer line is located almost exclusively in Zone
1 and Zone 2 of the buffer or, within the channel of Cemetery Branch. The replacement sewer
has been designed to minimize impacts to the riparian buffer and move it farther away from the
creek. Approximately 10,762 square feet of line will be abandoned in Zone 1 of the buffer and
re-planted with bare root seedlings (wherever possible), or allowed to re-vegetate, and 8,430 of
Zone 2 will be abandoned and re-seeded with fescue. However, due to existing houses and
structures, the sewer line could not be located entirely outside of the 50-foot buffer. Whenever
possible, the work will be confined to the previously disturbed areas in Zone 2.
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.
Page 5 of 9
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
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/ncwetIands/strm,f,iide.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.
Because the stream impacts are temporary and will be returned to pre-construction contours,
the applicant does not propose mitigation for the stream crossings. Approximately 10,762
square feet of line will be abandoned in Zone I of the buffer and re-planted (wherever
possible) or allowed to re-vegetate, and 8,430 square feet of Zone 2 will be abandoned and
re-seeded with fescue to satisfy mitigation requirements.
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
[phone] 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/wr2/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): NA
Amount of buffer mitigation requested (square feet): NA (see below)
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
Page 6 of 9
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.
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
(Neuse), 15A NCAC 2B .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.
* Impact Required
Zone r..,.....- c-, Multiplier
1 12,552 3 (2 for Catawba) See Below
2 21,621 1.5 See Below
Total I 34,173 I I See Below
* 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.
As per our previous agreement with DWQ, in areas where the line is being abandoned within
zone 1 (approximately 10,762 sq ft) of the buffer, the City of Raleigh has agreed to replant
the riparian buffer where practicable. Planting protocol/design will follow the NC-EEP
Guidelines as closely as possible.
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
Page 7 of 9
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. Approximately 10,762 square feet of line
will be abandoned in Zone 1 of the buffer and re-planted (wherever possible), or allowed to
re-vegetate and 5,885 square feet of Zone 2 will be abandoned and re-seeded with fescue to
satisfy mitigation requirements.
A planting plan was included with the previous submittal. Tree species will be selected
based on what is available from the Forest Service at the time of planting. Only native plants
will be selected for this project and at least 3 different species will be installed along the
creek banks. Planting protocols/design will be roughly consistent with the NCEEP
Guidelines for Riparian Buffer Restoration (2004).
Please note that due to the urban environment, there are a number of locations along the
abandoned sewer line that cannot be re-forested. As detailed in the attached photos, existing
structures (e.g. driveways, carports, flower beds) limit our ability to restore the buffers.
Additionally, there are also areas within the easement that have not been maintained, and
therefore, have become densely vegetated (see photos). We do not believe that these areas
will benefit form additional plantings, the City will insure that these sections of the
abandoned easement remain undisturbed.
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
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.
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
Page 8 of 9
http://h2o.enr.state.nc.us/ncwetIands. If no, please provide a short narrative description: This
protect involves the replacement of an existing sewer line. The surrounding areas are established
neighborhoods, therefore we do not believe that this project will have a negative impact on
downstream water aualitv.
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).

0
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9

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CEMETERY BRANCH TRUNK SEWER WETLAND AND STREAM IMPACTS WITHERS &- RAVENEL
REHABILITATION AND REPLACEMENT EXHIBIT 1 ENGINEERS I PLANNERS 1 SURVEYORS
Ralei Wake County North Carolina
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CEMETERY BRANCH TRUNK SEWER WETLAND AND STREAM IMPACTS WITHERS &- RAVENEL
REHABILITATION AND REPLACEMENT EXHIBIT 2 19061N1919RS 1 ?LANNNRS I SNRrlroes
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CEMETERY BRANCH TRUNK SEWER WETLAND AND STREAM IMPACTS WITHERS &- RAVENEL
REHABILITATION AND REPLACEMENT EXHIBIT 3 ENGINEERS I PLANNERS 1 SURVEYORS
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LEGEND

ZONE 1 TAKEN 1379 SF (0.032 AC)
ZONE 2 TAKEN 2435 SF (0.056 AC)
ZONE 1 RELEASED 22 SF (0.001 AC)
ZONE 2 RELEASED 2749 SF (0.063 AC)
CEMETERY BRANCH TRUNK SEWER WETLAND AND STREAM IMPACTS
REHABILITATION AND REPLACEMEN
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GRAPHIC SCALE
50 0 25 50 100
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EXHIBIT 4
WITHERS &- RAVENEL
ENGINEERS 1 PLANNERS 1 SURVEYORS
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LIMITS OF STREAM
IMPACTED AREA:
456 SO. FT.
24 L.F.

LEGEND
ZONE 1 TAKEN 0 SF (0.000 AC)
/ ZONE 2 TAKEN 2213 SF (0.051 AC)
GRAPHIC SCALE ZONE 1 RELEASED 3111 SF (0.071 AC)
50 0 25 50 100 ZONE 2 RELEASED 4118 SF (0.095 AC)
ZONE 1 NON-PARALLEL 1329 SF (0.031 AC)
1 inch = 50 ft.
CEMETERY BRANCH TRUNK SEWER WETLAND AND STREAM IMPACTS WITHERS &- RAVENEL
REHABILITATION AND REPLACEMENT ENGINEERS I PLANNERS I SURVEYORS
Ralei Wake County North Carolina EXHIBIT 5
OF W A TF9
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Michael P- Easley, Governor
William G. Ross Jr- Secretary
North Carolina Department of Environment and Natural Resources
Coleen 11. Sullins, Director
Division of Water Quality
April 16, 2008
City of Raleigh
Attn: Mr. Kenneth Waldroup
PO Box 590
Raleigh, NC 27602
DWQ Project # 2008-0425
County: Wake
Subject Property: Cemetery Branch Sanitary Sewer, Raleigh, NC - REVISED
Cemetery Branch [03.0402, 27-33-18-2, C, NSW]
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization Certificate
Dear Mr. Waldroup:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below,
to impact approximately 15,572 ft' of Zone 1 and 22,260 ft' of Zone 2 of the protected riparian buffers for
the purpose of replacing sanitary sewer lines at the subject property as described within your application
dated March 6, 2008, received by the Division of Water Quality (DWQ) on March 6, 2008, with
additional information received by DWQ on March 20, 2008. This Authorization replaces the
Authorization issued to you on March 25, 2008. 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 (Units) Plan Location or Reference
"Zone 1 Buffers 15,572 (square ft.) Page 7 of PCN
Zone 2 Buffers 22,260 (square ft.) Page 7 of PCN
2. 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:
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http,jdh2o.enrstate.nc.u&!ncwedands
N""o??Carolins
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
City of Raleigh
Page 2 of 3
April 16, 2008
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.
3. 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.
4. 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.
5. 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).
6. Buffer Restoration
In areas where the existing sewer line is abandoned within Zone 1 of the buffer, the City of Raleigh
has agreed to replant the riparian buffer where practicable as agreed by the City of Raleigh in a
meeting held with DWQ, City of Raleigh and Withers & Ravenel, on January 18, 2008- Only
native plants will be selected for this project and at least 3 different species will be installed along
the creek banks where practicable. Planting protocols/design will follow the NCEEP Guidelines for
Riparian Buffer Restoration (2004), as closely as possible. Approximately 16,298 square feet of
line will be abandoned in Zone 1 of the buffer and re-planted, wherever practicable.
7. 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
City of Raleigh
Page 3 of 3
April 16, 2008
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 213.0233.
8. 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.
9. 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 at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from the
401 /Wetlands Unit web site at: http://h2o.enr.state.nc.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 Cyndi Karoly or Amy
Chapman at [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.
CHS/cbk/asc
Enclosures: Certificate of Completion
Sinc ly,
Coleen H. Sullins
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
Todd Preuninger, Withers & Ravenel, 1 I 1 MacKenan Drive, Cary, NC 27511
File Copy
Central Files
Filename: 080425CemeteryBranchSanitarySewer( Wake)NBR_Revised