20061144 Ver 5_401 Application_20090609

ARCADIS
ARCADIS
Infrastructure, environment, buildings 801 Corporate Center Drive
Suite 300
Raleigh
North Carolina 27607
Ms. Cyndi Karoly Tel [phone]
N.C. Division of Water Quality Fax [phone]
401 Wetlands Unit www.arcadis-us.com
1650 Mail Service Center
Raleigh, NC 27699-1650
T.
A
WATER RESOURCES
Subject:
City of Raleigh Dempsey E. Benton Water Treatment Plant Project - Request for
Permit Modification
DWQ Project # 06-1144 Ver 2.
Date:
Dear Cyndi: 4 June 2009
In association with construction of the Dempsey E. Benton Water Treatment Plant Contact:
(WTP), unforeseen impacts occurred to a jurisdictional stream. Pipe installation Linda Diebolt
included boring under 1-40. North of 1-40 is a jurisdictional stream that was not
Phone:
proposed to be impacted by the project since the bore would extend beyond the
919.854.1282
stream. However, during a heavy rain event on 4 June 2009, the UT to Walnut Creek
collapsed over the bore and the streambed and banks were impacted. It was Email:
determined that installation of a cofferdam had to occur immediately to prevent [e-mail]
degradation of water quality downstream of the incident site. At present, the UT to Walnut
Creek is being bypassed around the incident area. Stream restoration activities have not Our ref:
occurred at this time. Stream restoration activities will require temporary impact to 110 NC705008.2000
feet of stream and Neuse River buffer areas.
Please feel free to call or e-mail me at [e-mail] if you have any
questions or require additional information.
Sincerely,
ARCADIS
Linda Dieibolt
Senior Scientist

Copies:
City of Raleigh - Dale Crisp
ARCADIS - Nichole Johnson
Qr6zli@oe??
JUN 5 2009
WETUNDSMD STORMWATE BRANCH
ARCADIS Cyndi Karoly
29 May 2009
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 A& I? I
1. Processing
1a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1 d. 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
1g. 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: City of Raleigh
3b. Deed Book and Page No. n/a
3c. Responsible Party (for LLC if
applicable): City of Raleigh
3d. Street address: unknown
3e. City, state, zip: unknown
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
1 a. 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 Walnut Creek
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:
S24 is an unnamed tributary to Walnut Creek. At present, the parcel on which S24 is located is undeveloped. The vicinity
of the project consists of roadway easements, light industrial development, and wooded, undeveloped areas. 1-40 abuts
the parcel to the south and Wilmington Street abuts the parcel to the west.
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 1,500 feet of stream exists within the parcel in which S24 is located.
3d. Explain the purpose of the proposed project:
The project consists of installation of a water line. Pipe installation included boring under 1-40 south of the UT to Walnut
Creek (S24). The launch pit for the bore is located immediately north of the UT to Walnut Creek. During a heavy rainfall
on 4 June 2009, the UT to Walnut Creek collapsed over the bore and the streambed and banks were impacted. The area
of impact is shown on the attached Figure 3. At present, a cofferdam has been installed within the channel and the UT to
Walnut Creek is being bypass pumped around the bore area to ensure that water quality impacts do not occur
downstream of the incident area.
3e. Describe the overall project in detail, including the type of equipment to be used:
Restoration of the stream profile will be performed in the area of impact. Stream restoration activities include streambed
and bank restoration, and bank stabilization. The profile of the stream and stream bank stabilization will be performed
with an excavator.
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 and received 26 May 2009. A permit modification was submitted on 29 May 2009 in association with a Notice
of Violation issued by DWQ on 26 May 2009 (NOV-2009-PC-0383) and temporary stream impacts to a stream that was
not included in the previous project permits. Impacts to the aforementioned stream have not occurred at this time.
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
1 a. 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 T
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 - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404 width (linear
Temporary (T) (INT)? ,
other) (feet) feet)
S24 ? P ®T Excavation UT to Walnut ? PER ® Corps 12 110
Creek ® INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 110
3i. Comments:
Temporary impacts to S24 include the placement of temporary cofferdams within the stream channel, restoration of the stream
profile, and stream bank stabilization. The cofferdams have already been installed and the UT to Walnut Creek is being
bypass pumped to ensure that downstream water quality is not compromised.
Page 5 of 12
PCN Form - Version 1.3 December 10, 2008 Version
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.
Open water
impact number -
Permanent (P) or
Temporary 4b.
Name of waterbody
(if applicable) 4c.

Type of impact 4d.

Waterbody type 4e.

Area of impact (acres)
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
0. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a.

Pond ID 5b.

Proposed use or purpose 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
6f. 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.
® Neuse ? 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 T required?
Non-

B1 ®P ? T electric Unnamed tributary to ? Yes
6600
2200
utility line Walnut Creek ® No
crossing
B2 ? P ? T ? Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts 6600 2200
6i. Comments: Impacts to Zone 1 will occur on both sides of the stream and impacts to Zone 2 will occur only on the north side
of the stream.
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

El 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
1a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1b. 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
3b. Which of the following locally-implemented stormwater management programs ? NSW
? 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)
1 a. 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)?
1c. 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 to previous permit applications for this project.
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).
Incidental impacts to S24 occurred when the stream collapsed into the bore during a heavy rainfall event. Temporary impacts
to S24 also occurred in association with installation of the temporary cofferdam; however, it was determined that installation of
the cofferdam had to occur immediately to prevent degradation of water quality downstream of the incident site. Stream
restoration activities have not occurred at this time.
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)
f
Dale Crisp 5 June 2009

Applicant/Agent's Printed Name ant/ gent's Signature
App Date
(Agent's signature is va only if n authorization letter from the applicant
P
rovided.
Page 12 of 12
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