20061144 Ver 4_401 Application_20090609

ARCADIS
Infrastructure, environment, buildings
Ms. Cyndi Karoly
N.C. Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
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JUN 2 20QQJ
DENR - WATER QUALITY
WETLANDS AND STQRMWACTER BRANCH
Subject:
City of Raleigh Dempsey E. Benton Water Treatment Plant Project - Request for
Permit Modification
DWQ Project # 06-1144 V'V-? Y ?? PA 11)
Dear Cyndi:
In association with construction of the Dempsey E. Benton Water Treatment Plant
(WTP), upgrades to the Lake Benson and Lake Wheeler dams, and construction of
water transmission mains, Nationwide Permit (NWP) Numbers 12 and 39 were
issued by the U.S. Army Corps of Engineers (USACE) on 5 April 2006 and a permit
modification was issued in March 2008. A permit modification request for
replacement of a culvert that was irreparably damaged during installation of the water
line was submitted to the Division of Water Quality (DWQ) in April 2009. The
attached Pre-Construction Notification (PCN) application is being submitted to
request a permit modification for impacts associated with installation of the water
line.
Two of the three impacts listed in the attached PCN application are associated with a
Notice of Violation (NOV) issued by DWQ on 26 May 2009 (NOV-2009-PC-0383). The
third impact included herein is in association with an impact that was included in the
2006 permit, but was removed in 2008 via the permit modification. The stream
impacts were removed from the permit in 2008 since at that time the stream was no
longer receiving stormwater flow due to construction of the site and was no longer
jurisdictional. Since that time, the site has been developed by a third party (not the
City of Raleigh), and a stormwater pond now drains into the stream channel. The
stream is presently jurisdictional; therefore, the proposed impacts to the stream are
included in the attached PCN application.
The violations listed in the NOV were in association with unauthorized activities at
S21 and S23. During construction activities associated with installation of the water
line in the vicinity of S21, unanticipated impacts beyond those previously authorized
ARCADIS
801 Corporate Center Drive
Suite 300
Raleigh
North Carolina 27607
Tel [phone]
Fax [phone]
www.arcadis-us.com
WATER RESOURCES
Date:
29 May 2009
Contact:
Linda Diebolt
Phone:
919.854.1282
Email:
[e-mail]
Our ref:
NC703027.1000
ARCADIS Cyndi Karoly
29 May 2009
occurred. The authorized impact at S21 is 40 feet of temporary excavation, and a
total of 75 feet of stream was temporarily impacted by excavation activities. The
water line has been installed in this portion of the project corridor, the stream has
been restored to the original profile, the stream banks have been stabilized, fill
material has been removed from the stream channel and riparian areas, and the
riparian buffer zone has been replanted.
Per the NOV, non-authorized fill material was placed within S23 during construction
activities. S23 was previously approved for temporary excavation impacts of 40 feet.
The unauthorized fill material that was pfoced within S23 was within the 40-foot
project corridor and impacted 25 feet of`stream. At present, the impacted portion of
the stream has been restored to the Original profile, the stream banks have been
stabilized, fill material has been removed from the stream channel and riparian
areas, and the riparian buffer zone has been replanted.
Please feel free to call or e-mail me at [e-mail] if you have any
questions or require additional information.
Sincerely,
ARCADIS
A2N
Die?lt
Senior Sc ntist
Copies:
City of Raleigh
ARCADIS
Page:
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information dt q P A 111)
1. Processing
1 a. Type(s) of approval sought from the

Corps:

Section 404 Permit El Section 10 Permit
®
1 b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ® Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: City of Raleigh Dempsey E. Benton Water Treatment Plant Project - Permit
Modification Request
2b. County: Wake
2c. Nearest municipality / town: Raleigh
2d. Subdivision name: n/a
2e. NCDOT only, T.I.P. or state
project no: n/a
3. Owner Information
3a. Name(s) on Recorded Deed: State of North Carolina School for the Blind
3b. Deed Book and Page No. n/a
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 116 W Jones St
3e. City, state, zip: Raleigh, NC 27603
3f. Telephone no.: Unknown
3g. Fax no.: Unknown
3h. Email address: Unknown
Page 1 of 12
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Municipality
4b. Name: Dale Crisp, Director of Public Utilities
4c. Business name
(if applicable): City of Raleigh
4d. Street address: One Exchange Plaza, Suite 620
4e. City, state, zip: Raleigh, NC 27602
4f. Telephone no.: 919.857.4540
4g. Fax no.: 919.857.4545
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Linda Diebolt
5b. Business name
(if applicable): ARCADIS
5c. Street address: 801 Corporate Center Drive, Suite 300
5d. City, state, zip: Raleigh, NC 27607
5e. Telephone no.: 919.854.1282
5f. Fax no.: 919.854.5448
5g. Email address: [e-mail]
Page 2 of 12
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 1702806512
1 b. Site coordinates (in decimal degrees): Latitude: 35.724859 Longitude: - 78.625756
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 98.77 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Wildcat Branch
proposed project:
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:
S15 is located in an undeveloped portion of a commercial property, S21 is located in an undeveloped portion of the
Highway Patrol Training Facility, and S23 is located in an undeveloped tract of land and is within an existing sewer
easement. The vicinity of the project consists of roadway easements, light industrial development, and wooded,
undeveloped areas.
3b. List the total estimated acreage of all existing wetlands on the property:
None.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 500 feet of stream exists within the property.
3d. Explain the purpose of the proposed project:
The project consists of installation of a water line. During pipe installation, impacts to S21 were greater than anticipated or
previously permitted. The approved authorized impact at S21 is 40 feet of temporary excavation; however, 75 feet of S21
was temporarily impacted during installation of the water line. During clearing activities associated with the project
corridor, unauthorized fill material was temporarily placed within the stream channel of S23 within the project corridor.
This PCN application is being submitted to request an after-the-fact permit modification for an additional 35 feet of
temporary excavation to S21 and temporary fill within S23. Impact approval for S15 is also included herein.
3e. Describe the overall project in detail, including the type of equipment to be used:
The water line is installed using an excavator. During construction, temporary impacts to S21 exceeded the authorized
impact for this stream. A Notice of Violation issued by DWQ on 26 May 2009 (NOV-2009-PC-0383) includes the
aforementioned exceedance. The S21 stream channel that was impacted during construction activities has been restored
to the original profile, the stream banks have been stabilized, all fill material has been removed from the stream channel
and riparian zone, and the riparian buffer has been replanted (see attached photos). The temporary fill material that was
placed within S23 and riparian zone has been removed, the stream banks have been stabilized, and the riparian buffer
has been replanted (see attached photos).
Page 3 of 12
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
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?
Comments: No jurisdictional determination (JD) was issued
by USACE as the delineations were finalized during the
Rapanos legal battle when no JDs were being issued. ? Yes ® No ? Unknown
However, impacts to Waters of the US associated with the
Dempsey E. Benton WTP project were permitted without
modification of the jurisdictional boundaries, inferring USACE
agreement with the jurisdictional boundaries shown on the
design plans.
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: ARCADIS
Name (if known): Linda Diebolt Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A NCDWQ stream determination for the applicability of Neuse River Riparian Buffer Rules was conducted at the WTP on
April 14, 2003 and issued August 28, 2003 (No. NBRRO-03-199).
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Impacts to jurisdictional resources along the force main for the Highway 50 wastewater pump station have been permitted
under a Nationwide Permit (NWP) #12 (Action ID No. 200421195 and 200421196; August 16, 2004). A 401 Water
Quality Certification (WQC) for the force main was issued by NCDWQ (Project No. 04-0921; July 30, 2004). As part of
the permitting for the Dempsey E. Benton WTP and its associated pump stations, water transmission mains, intake and
discharge sites, and other structures, a NWP #12 and #39 were issued by the USACE on April 5, 2006 (Action ID Nos.
200320193 and 200620626-200620628). Approval of the 401 WQC and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions was issued on November 26, 2006 (NCDWQ
Project No. 06-1144). However, after the aforementioned Section 401 and 404 approvals were issued, a portion of the
previously permitted transmission main was rerouted. Impacts to jurisdictional areas from the rerouted transmission main
are less than the impacts included in the April 5, 2006 USACE NWP #12 and #39 and the November 26, 2006 WQC. A
permit modification for replacement of a culvert that was damaged during installation of the water line was submitted 23
April 2009.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 12
C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number -
Permanent (P) or (PER) or
intermittent (Corps - 404, 10
DWQ - non-404 stream
width length
(linear
Temporary (T) (INT)? ,
other) (feet) feet)
S21 ? P ®T Excavation UT to Walnut ? PER ® Corps 6 75
Creek ® INT ® DWQ
S23 ? P ® T Placement of Fill UT to Walnut ® PER ® Corps 3 25
Creek ? INT ® DWQ
S15 ? P ®T Excavation UT to Walnut ? PER ® Corps 4 40
Creek ® INT ® DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T E] PER El Corps
? INT ?DWQ
3h. Total stream and tributary impacts 140
3i. Comments:
S21 has approved authorization for 40 feet of temporary excavation; however, an additional 35 feet of temporary excavation
authorization is requested.
S23 has approved authorization for 40 feet of temporary excavation; however, placement of fill was not approved within the
rayC a yr i[
PCN Form - Version 1.3 December 10, 2008 Version
project corridor and is requested.
S15 was included in the 2006 permit application; however, at the time of reinvestigation associated with the relocated project
corridor, S15 was not jurisdictional. Development of the site by a third party (not the City of Raleigh) in which S15 is located
was underway at the time of the site reinvestigation in 2008. The stream channel and the headwaters of the stream had been
significantly modified and sheet flow of stormwater from the site was not entering the channel. However, since 2008, the site
has been developed and stormwater retention ponds now discharge into the old channel. Therefore, S15 is currently
jurisdictional and approval of temporary excavation impacts to this channel is requested.
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
V. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No if yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 12
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba
? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for impact Stream name mitigation (square feet) (square feet)
Temporary required?
Non-
B1 ®P ? T electric Unnamed tributary to ? Yes 2100 1400
utility line Walnut Creek ® No
crossing
Non-
B2 ®P ? T electric Unnamed tributary to ? Yes 2400 1600
utility line Walnut Creek ® No
crossing
B3 ?P?T ?Yes
? No
6h. Total buffer impacts 4500 3000
6i. Comments: 61 is adjacent to S21 and B2 is adjacent to S15
Page 7 of 12
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
During design of the project, impacts to jurisdictional areas were avoided by using trenchless construction techniques to
traverse some of the jurisdictional streams within the project corridor. Impacts to jurisdictional streams that are impacted
by open-cut pipe installation were minimized by having stream crossings with 15 degrees of perpendicular.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Using trenchless construction techniques to traverse some of the jurisdictional areas within the project corridor avoids
impacts to those jurisdictional areas. Additionally, impacts to jurisdictional areas that will be temporarily impacted by
open-cut pipe installation methods will be minimized by the use of Best Management Practices and adherence to the
Sedimentation and Erosion Control Plan.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank
? Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 8 of 12
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments: Buffer mitigation is not required for the proposed activities.
Page 9 of 12
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes No
Comments: The proposed project will not provide impervious surfaces.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? <0.001 %
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project area contains less than 24%
impervious surface area, consists of installation of a subsurface water line, and no increase in impervious surface will
occur.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
? NSW
3b. Which of the following locally-implemented stormwater management programs El USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
? Yes ? No
attached?
5. DWQ 401 Unit Stormwater Review

5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 10 of 12
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
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
environmental document pursuant to the requirements of the National or State ® Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ® Yes ? No
Comments: FONSI attached
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ® Yes ? No
or Riparian Buffer Rules (15A NCAC 2B.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):
A Notice of Violation (NOV) was issued by DWQ on 26 May 2009 for unauthorized impacts to S21 and S23 (NOV-2009-PC-
0383).
S21: During construction activities associated with installation of the water line in the vicinity of S21, unanticipated impacts
beyond those previously authorized occurred. The authorized impact at S21 is 40 feet of temporary excavation, and a total of
75 feet of stream was temporarily impacted by excavation activities. The water line has been installed in this portion of the
project corridor, the stream has been restored to the original profile, the stream banks have been stabilized
fill material has
,
been removed from the stream channel and a riparian areas, and the riparian buffer zone has been replanted.
S23: Non-authorized fill material was placed within S23 during construction activities. S23 was previously approved for
temporary excavation impacts of 40 feet. The unauthorized fill material that was placed within S23 was within the 40-foot
project corridor but only impacted 25 feet of stream, per NOV. At present, the water line has been installed in this portion of
the project corridor, the stream has been restored to the original profile, the stream banks have been stabilized
fill material
,
has been removed from the stream channel and riparian areas, and the riparian buffer zone has been replanted.
Construction activities at S15 have not yet occurred.
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ® Yes ? No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
A complete analysis of impacts associated with this project is provided in the Environmental Assessment (EA) that was
generated for this project. A copy of the FONSI is attached.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
No wastewater will be generated from the proposed project.
Page 11 of 12
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ® Yes ? No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No
impacts?
® Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A Final Biological Assessment (BA) was submitted to the USACE in July 2005 for the Dempsey E. Benton WTP that
described in detail the findings and approach to evaluating the instream flow study results, the impacts of the Dempsey E.
Benton WTP project, and mitigation for impacts to the dwarf wedgemussel. The Final BA initiated formal Section 7
Consultation under the Endangered Species Act. A Final Biological Opinion (BO) was signed by the USFWS in February
2006. The conclusions of the Final BO were provided in the previously submitted PCN Application Form for the Dempsey
E. Benton WTP project.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Determination made based upon data available through NC Center for Geographic Information and Analysis (NC CGIA).
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Review of NC State Historic Preservation Office and Office of State Archaeology maps was conducted as part of the
development of the EA for the Dempsey E. Benton WTP project. Additionally, the EA was reviewed through the state
clearinghouse, and a FONSI was issued by the state.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA FIRM Panel 3720170200J (effective date May 2,
2006)
Dale Crisp 29 May 2009

Applicant/Agent's Printed Name Applicant/ g nt's Signature Date
(Agent's signature is valid only a authorization letter from the applicant
is ded.
Page 12 of 12
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DEMPSEY E. BENTON m
WATER TREATMENT PLANT` I i
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legend SITE LOCATION MAP
Transmission Main Route Dempsey E. Benton WTP Figure
City of Raleigh
0 0.375 0.75 1.5 Source: 7.5 Minute USGS Topographic Maps
Miles Garner, Lake Wheeler, Raleigh West,
1 inch = 0 75 mile and Raleigh East, North Carolina
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Legend SOILS MAP Figure
Transmission Main Route
Dempsey E. Benton WTP
0 0.375 0.75 1.5 City of Raleigh
Miles
1 inch = 0.75 mile
i

Dempsey E. Benton WTP r 1 w u l C
City of Raleigh,
3
0 0.125 0.25 0.5
Miles
1 inch = 0.25 mile

Continued on Figure 5€
N
a
N�
S14
Z Stream Impacts: 0.006 acre Y • oq
y x Buffer Zone 1 Impacts: 0.055 acre
F�ygN, o Buffer Zone 2 Impacts 0.037 acre a5o,'
Cq( 6�C/D •- - � __ _ —)v� �- a '�'
IENRY DR CAPITA
Blow Off 2 AR LEAN
Stream Impacts: 0.001 acre i CUIRTIss,DR
o Buffer Zone 1 Impacts: 0.055 acre "X+p y
;,.F GPA
Buffer Zone 2 Impacts: 0.037 acre
co
-ex. Transmission Main Route41
Z h' F 4. O OP v al
GS 9. FAYE DR
B RYA/yp4
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r 2 q Ix
Blow Off 1 �n WW*W`P_%
Z'! �oHE ST Jacek w" ,
•' �i4'j Stream Impacts: 0.001 acre P° f• ��:� o
Buffer Zone 1 Impacts: 0.055 acre 't,�'•.
i c Buffer Zone 2 Impacts: 0.037 acre �"'�' o , * iay
Axu RD Q _-,—� T �'' rF -
S20 g
FgE� Stream Impacts 0.006 acre
Buffer Zone 1 Impacts: 0.055 acre WNOP� s�°' ^ •„ir r" SMITH DR
Qo Buffer Zone 2 Impacts: 0.037 acre �r, ,, 'o.
VO -9� y
r Stream is culverted from
west of the ball field to f'` �•-
o� O'ooK DR east of Rand Mill Road. KE �TucK a D, ;
R t.
IN D No impacts will occur.
,, ry;,0 pLE OR k fi
�0LEY p
�• �� r= Continued on Fi ure 3.1 AKE P
Legend PLAN VIEW
Transmission Main Route Dempsey E. Benton WTP Figure
Blow Off Location City of Raleigh 4,
Neuse River Buffer
Surface Waters 0 0.125 0.25 0.5
Miles
1 inch = 0.25 mile

Buffer Zone 1 pacts: 0.055 acre
5 - J
pacts: 0.037 acre BALD DRS r
?a _ .? Buffer Zone 2 Impacts: {; .
( k.F b4"9 C RD
R " ..
A??TEST rd ?.,;`. Cq w
?- MpANELLA PECAN LN _
Rp"+? d
ELKHART DR `
s
Q?4 ?y5 d p RALEIGH VIEW RDA` Q 0
I O
LEAGNES RD W °
Z °
Q S23
Wetland 4 w °E Stream Impacts: 0.003 acre .RassiNG LNG
11 Wetland Impacts: 0.02 acre ? 5 Buffer Zone 1 Impacts: 0.055 acre
c - " Buffer Zone 2 Impacts. 0.037 acre 0
S22 S15 -
Stream Impacts: 0.009 acre New Impacts r °
"I Buffer Zone 1 Impacts: 0.055 acre ti Stream Impacts: 0.004 acre _ NEV?A¢Y
Buffer Zone 2 Impacts: 0.037 acre Buffer Zone 1 Impacts: 0.055 acre ^ a
R `v # Buffer Zone 2 Impacts: 0.037 acre
Wetland 3 r
Wetland Impacts: 0.46 acre F Blow Off 3 kp`e ,
Stream Impacts: 0.001 acre
z -" Buffer Zone 1 Impacts: 0.055 acre 3'.
3 Buffer Zone 2 Impacts. 0.037 acre
RD4
h CHAYAMOKE
I ? x
z,.. S24 ' . , .
x Stream Impacts: 0.009 acre
SHERWEE pR' Buffer Zone 1 Impacts: 0.055 acre
MQ Buffer Zone 2 Impacts: 0.037 acre
CIRCLE LN ? - ... 3 i +?.... £--'?•? .'r , ._.. .. ? Y' :
.. 4 F 'F'WD .k,F a Yf -? t? Pp\.
41
TRYONRD
C3 E ?; k
r?3 ec. __ `s?C :-
TRYONRD
a Transmission Main Route ?F
S21
Stream Impacts: 0.006 acre
SOUTHERLUND RD '
0 LEAG Buffer Zone 1 Impacts: 0.055 acre
m Buffer Zone 2 Impacts 0.037 acre v0 o
?. - N 1 m
ma Continued on Figure 4
Legend
Transmission Main Route PLAN VIEW •
Blow Off Location Dempsey E. Benton WTP Figure
Neuse River Buffer City of Raleigh 5
Surface Waters 0 0.125 0.25 0.5
Miles
1 inch = 0.25 mile