20080425 Ver 2_Approval Letter_20081031

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
October 31, 2008
City of Raleigh
Attn: Mr. Kenneth Waldroup
PO Box 590
Raleigh, NC 27602
Subject Property: Cemetery Branch Sanitary Sewer, Raleigh, NC
Cemetery Branch [030402, 27-33-18-2, C, NSW]
DWQ Project # 2008-0425v2
County: Wake
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 38 linear feet of perennial stream (temporary impacts), 12,552 ft2 of Zone 1 and
21,621 ft2 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 October 23, 2008, received by the
Division of Water Quality (DWQ) on October 23, 2008. This Authorization replaces the Authorization
issued to you on April 16, 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
Perennial Stream 38 (linear ft.) Page 4 of PCN
Zone 1 Buffers 12,552 (s ware ft.) Page 7 of PCN
Zone 2 Buffers 21,621 (square ft.) Page 7 of PCN
2. Erosion & Sediment Control Practices
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: hftp://h2o.enr.state.nc.us/ncwetlands
None totthCarolina
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Page 3 of 3
October 31, 2008
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
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 2B .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 (USAGE) or NC Division
of Water Quality (DWQ) if any impacts are proposed to either of these waters.
CHS/cbk/asc
Enclosures: Certificate of Completion
Sin a ely
oleen H. Sullins
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
Matt Matthews, DWQ Wetlands and Stormwater Branch
Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
File Copy
Filename: 080425v2CemeteryBranchSanitarySewer(Wake)NBR