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HomeMy WebLinkAbout20061144 Ver 5_More Info Received_20090630ft w ARCADIS Infrastructure, environment, buildings Ms. Cyndi Karoly f'e N.C. Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 o u - WA LA Y5 ARCADIS 801 Corporate Center Drive Suite 300 Raleigh North Carolina 27607 Tel 919.854.1282 Fax 919.854.5448 www.arcadis-us.com WATER RESOURCES Subject: City of Raleigh Dempsey E. Benton Water Treatment Plant Project - Permit Modification Request - UT to Walnut Creek Response to Request for More Information dated 24 June 2009 DWQ Project # 06-1144 Ver. 5 Date: June 30, 2009 Dear Cyndi: Contact: This letter and its attachments have been generated in response to the Request for Linda Diebolt More Information generated by the Division of Water Quality (DWQ) on 24 June 2009 relative to the above referenced project. In that letter you requested that a complete Phone: 919.854.1282 application package be resubmitted. Please find enclosed the complete application package associated with this permit modification. Email: linda.diebolt@arcadis-us.com Your letter also requested additional information. The items listed in the Request for More Information and the responses are provided below. Our ref: NC705008.2000 1. Please indicate all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan. All stream impacts and stabilization are shown on the attached drawing W36 at approximately station 413+40. 2. Please provide a restoration/bank stabilization plan, including a planting plan, cross-section, and longitudinal views. All disturbed stream banks will be returned to their original configuration and stream bank stabilization will be performed using erosion control matting, which will be installed on all disturbed stream banks. All areas of disturbed stream banks are located within the project corridor, and with the exception of a small length of temporary stream bank disturbance associated with the coffer dam (approximately 10 feet of stream), these areas will be maintained. Planting of the stream banks with woody vegetation is not proposed to occur since the areas of disturbance are located within the waterline easement. Although these impacts to the LIT to Walnut Creek and its riparian buffer were not anticipated to occur and were not included in previous PCN applications, the impacts are directly associated with non-electric utility line activities. Per Section.0233 of DWQ's Red Book of Rules, "Perpendicular ARCADIS Cyndi Karoly 30 June 2009 crossings that disturb greater than 40 linear feet of riparian buffer with a maintenance corridor greater than 10 feet in width" are "Allowable" for "Non- electric utility line perpendicular crossing of streams and other surface waters". Based on the above referenced rule, "restoration" of the riparian buffer is not proposed. The riparian buffer area is proposed to be returned to original grade, seeded, and strawed per the Design Specifications for the project, which were previously provided to DWQ. The above referenced methodologies associated with the stream banks and the abutting riparian buffer at this site are the same as those proposed and permitted for the stream crossings and riparian buffer impacts throughout the rest of this project. 3. Please locate all of the protected riparian buffers as overlays on the site plan, showing Zone 1 and Zone 2. All areas of Zone 1 and Zone 2 of the riparian buffers impacted by the proposed project are shown on the attached drawing W36. Please feel free to call or e-mail me at linda.diebolt@arcadis-us.com if you have any questions or require additional information. Sincerely, ARCADIS Linda Diebolt Senior Scientist Copies: City of Raleigh - Dale Crisp ARCADIS - Nichole Johnson Page: 2/2 ARCADIS ARCADIS Infrastructure environment buildings , , 801 Corporate Center Drive Suite 300 Raleigh North Carolina 27607 Ms. Cyndi Karoly Tel 919.854.1282 N.C. Division of Water Quality Fax 919.854.5448 401 Wetlands Unit www.arcadis-us.com 1650 Mail Service Center Raleigh, NC 27699-1650 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 proposed to be impacted by the project since the bore would extend beyond the Phone: 819.854.1282 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 linda.diebolt@arcadis-us.com 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 linda.diebolt@arcadis-us.com if you have any questions or require additional information. Sincerely, ARCADIS Linda Diebolt Senior Scientist Copies: City of Raleigh - Dale Crisp ARCADIS - Nichole Johnson ou- "1414 VS c??O-y4 A r?y?c 1 1 > l..JUK). o 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 1, Processing la 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: 1 c. Has the NWP or GP number been verified by the Corps? _T N Yes ? No 1 d. 1 e. - -- Type(s) of approval sought from the DWQ (check all that apply): 40-1 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit 401 Water Quality Certification -- Express ? Riparian Buffer Authorization Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ? Yes No ? Yes Q No If. 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 "19 Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ? Yes No---- - 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ? No 2. Project Information 2a. - Narne of project: _ City of Raleigh Dempsey E. Benton Water Treatment Plant Project - Permit -- Modification Request ------- ?b. Coimiy: ---- 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. Narne(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: I 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: Dale.Crisp@ci.raleigh.nc.us 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: Linda.Diebolt@arcadis-us.com 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 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 213 .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 W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? PEI T ? Yes ? Corps ? No ? DWQ W4 ? PEI 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 4f. 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 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. ® 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 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 pro project? ? Mitigation bank F1 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 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? S. 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)? 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 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 26.0200)? 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) Dale Crisp 5 June 2009 Applicant/Agent's Printed Name App cant/ gent's Signature ' Date rf n authorization letter from the applicant (Agent's signature is va only rovided. Page 12 of 12 E.B. BAIN WATER TREATMENT PLANT DEMPSEY E. BENTON WATER TREATMENT PLANT - currently under construction r i q> a it Legend Transmission Main Route 0 0.375 0.75 1.5 Miles 1 inch = 0.75 mile SITE LOCATION MAP Dempsey E. Benton WTP City of Raleigh Source: 7.5 Minute USGS Topographic Maps Garner, Lake Wheeler, Raleigh West, and Raleigh East, North Carolina -+r N Pt C `. N. .I n.1 Figure 1 t?yj ,?, Gil 'w_'fiC?,rat: ? off-, • .: f.??-- t3? ` I? E.B. RIM BAIN w ! lam ' ^ D WATER TREATMENT PLANT P rh? m o aM C3 o = in Cf v ,m ??„ 42 @M r . . Off emo r_"" wtw ft R9 pMT O` /yam (KI - ( SO /?.,p• DA' ? @1 tap (IM wW on is a a n Or! M Kipmo'w I galm ft a% 9w ir. (ft &r. ma ir Q7 OUR L? ' •? .. ((p?-'i`.??,'..j ??"ti.?s?MOW . LyL' ZS? fl @f" a .C3: GBua °? po vrG1 raRm ?? c Ica Ra i ? d t C, c..(d fir' clib ?W? y C3D Gy 3? ° GMi?3 ` D? Am?Ir Cam,. v ?m (M" ] bp M. M%M om DM RD 1w V mm(K' OF tw © , D $ fly OF ft b Lm t U D ??i(ly?I?hl ???.,c?p l ('? ?-p?AD tlp ft Co T, mRa at, M: t?3 ?; D ? b F?, ? f? C?Iil ? ?i,y (? D?'? ??' • /?YI .?, c [wj b ?t.y?•, D LmW? ran ° b ?l ? tts M ..=. two Gp Mao .D ftp °©. qT7 cam, - i^.a1i?:ta ML w-a°I?AU? ?1in?N.VIxj fS fA ILL { 4(/ V?JLLJ3 ,???.? ?yj `W Gry1 WfvKlG MVt nUU W ZS J1 '? afT T6r.5ar_.r_ w IIJJ7'+ A- D -- U1.y a _: /C??-?'? UJ11L5 v V 11i??'f.A?? MOM "` o 4vl-ll3 ??3Jt°?:tii f Em'. - Re-? ^ m a '.. @'_m `7&2•1!+`i's' 0 /y.? ? +'?+" ?V ;a D a COM - mffim mn,u1?3 k(?-. 1 b @ '(?' Transmission Main Route i d G C ft c tda t Q.. ° 94 " DEMPSEY E. BENTON mmf@--- t *--ft '- IV , WATER TREATMENT PLANT- ?•# 6 = M ©b. currently under construction ? ??? ? m ? mm Soft_ @2. @M W=WW3, 5p - 4:2 @a turg M AM .n, X= wl RM AVM Legend SOILS MAP Transmission Main Route Figure Dempsey E. Benton WTP 0 0.375 0.75 1.5 City of Raleigh Miles 1 inch = 0.75 mile #' a Sys +', s .. N .JE. B.' Bain Water Treatment Plant o ? D ar ` a > F r' m I . ILI' 00 ? of 1' i?'w ?r . 3y *?' ? :.. ti •`.' i • ? ?? 4 ? '' r Yy ? ?, m y ? YA?p7? n 11.. r #A I BLUFF ST NPO ' `, r? "` fig' r " } v r i ilk t^? l P } u R` ?t'?y 7? °w WA ER ST y ?e A 4, 4- i S24 LIT to Walnut Creek 4F E L ty t ? 1p ? ?4 r. Temporary coffer dam and bypass location wr •r f " r HAMMOND RD 10 1 AO WIMP Wg - - r T - r - r Y E. ` . h 14 O 1 40 EXIT 299 RAMP E13 ?.;?.,+' \ Ap,EB; r - .M.` -,y.? "?.k . • '? !i?'+i try J??i . ? f/}( ?1 Legend PLAN VIEW ® Coffer Dam Dempsey E. Benton WTP Figure O Impact Location Discharge Location City of Raleigh 3 Temporary Stream Bypass Transmission Main Route 0 100 200 400 Feet 1 inch = 200 feet BLUFF 57„ low • . • ? WALKER ST IV I N 1 ;. HAMMOND RD TO 1 40 RAMP WB 1 40 WB i? e MI 40 EB d ! y 1 40 EXIT 299 RAMP EB wo, Legend PLAN VIEW Transmission Main Route Dempsey E. Benton WTP Figure ® Area of Stream and/or Buffer Impact Neuse River Buffer - Zone 1 City of Raleigh 4 Neuse River Buffer o so 100 200 Surface Waters Feet 1 inch = 100 feet 10, ARCADIS Ms. Cyndi Karoly N.C. Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 subject: City of Raleigh Dempsey E. Benton Water Treatment Plant Project - Permit Modification Request -- UT to Walnut Creek Response to Request for More Information dated 11 June 2009 DWO Project # 06-1144 Ver. 5 DearCyn& This letter and its attachments have been generated in response to the Request for More Information generated by the Division of Water Quality (DWQ) on 11 June 2009 relative to the above referenced project The items listed in the Request for More Information and the responses are provided below. 1 Please indicate all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan, All stream impacts are shown on the attached figures. 2. Please clearly explain in narrative and design plans what the intent of the project is. The intent of the project is to repair inadvertent stream darnage that occurred from the stream collapsing into a directional drill tunnel during a heavy storm event. Workers were onsite during the collapse and immediately installed a cofferdam upstream of the collapse and started bypass pumping the stream around the area of impact. At present, the stream is still being bypass pumped and restoration has not occurred. Work includes returning the strearnbed and banks to their original profile and stabilizing the stream banks. The directional drill tunnel will be filled in, the streambed will be graded to match the plan and profile of the abutting, unimpacted stream channel, the stream banks will be graded to match the abutting, unimpacted stream banks, the stream banks will be stabilized per the attached details, and the upland areas will be seeded per the attached project specifications. 3. Please provide an existing conditions map of the impact site showing the cofferdams and bypass area, Figure 3, which is attached, depicts the existing conditions of the site. ARCADIS 801 Corporate Center Drive Suite 300 Raleigh North Carolina 27607 Tel 919.854.1282 Fax 919.854 54,18 www.arcadis-us.com WATER RESOURCES Date 17 June 2009 Contact. Linda Diebolt Phone 919.854.1282 Email. linda r, jiebolt@arcadis-us-corgi Our re" NC705008.2000 ARCADIS 4 Please provide a restoration/bank stabilization plan, including a planting plan, cross-section, and longitudinal views. Detail sheets for the project are attached. These details include temporary check dam, synthetic matting, equipment stream crossing, and stream bank stabilization. The upland areas of impact will be seeded upon completion of the restoration activities. The Fertilizing, Seeding, and Mulching specifications for the project are attached (Section 02420). The seed mixture used within jurisdictional wetlands differs from the attached specification; however, none of the buffer areas included in this permit application are within jurisdictional wetlands. 5. Please enumerate all riparian buffer impacts on the site plan and clearly label impacts (Buffer Impact 1, etc.), Riparian buffer impacts are shown and labeled on the attached figures 6. Please locate all isolated or non-isolated wetlands, streams, and other waters of the State as overlays on the site plan. All state and federal jurisdictional wetlands and streams are shown on the attached figures. Other than the UT to Walnut Creek, no federal or state jurisdictional areas are present within the project area. 7. Please locate all of the protected riparian buffers as overlays on the site plan, showing Zone 1 and Zone 2. All areas of Zone 9 and Zone 2 of the riparian buffers impacted by the proposed project are shown on the attached Figures. Please feel free to call or e-mail me at linda.diebolt@arcadis-us.com if you have any questions or require additional information. Sincerely, ARCADIS Linda Diebolt Senior Scientist }t._.. Copies City of Raleigh - Dale Crisp ARCADIS -- Nichole Johnson Cyndi Karoly 17 June 2009 Page. 2/2 SECTION 02420 FERTILIZING, SEEDING, AND MULCHING PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions, and Division 1 through 15 Specification sections, apply to work of this section. 1.2 DESCRIPTION OF WORK A. Permanent Seeding: Permanent seeding is required for all areas disturbed by construction, except for areas covered by structures, pavements, etc. Permanent ground cover shall be provided for all disturbed areas within 15 working days or 90 calendar days (which-ever is shorter) when final grade is obtained and not otherwise covered. B. Temporary Seeding: Temporary seeding is required for those areas disturbed by construction and left exposed for periods of 21 working days or more before being brought to final grade and permanently seeded. 1.3 QUALITY ASSURANCE A. Codes and Standards: In general, follow procedures and guides published by the Soil Conservation Service, United States Department of Agriculture. B. Soil Tests: Secure minimum of 1 standard soil sample per acre. Submit samples to North Carolina Department of Agriculture for analysis and recommendations for addition of lime and other amendments. Submit recommendations to Engineer for review. 1.4 SUBMITTALS A. Submit material certificates signed by the supplier that the materials used for fertilizing, seeding, and mulching comply with these specifications. PART 2 PRODUCTS 2.1 FERTILIZER A. Provide 10-10-10 commercial fertilizer conforming to statutory requirements and all rules and regulations adopted by the North Carolina Board of Agriculture. 2.2 LIMESTONE CITY OF RALEIGH, NORTH CAROLINA FERTILIZING, SEEDING, AND MULCHING Dempsey E. Benton WTP Water Transmission Main - Phase 3 02420 - 1 ARCADIS G&M of North Carolina, Inc. Printed: 6/16/2009 Project No. NC705008.0000 A. Provide limestone conforming to all statutory requirements and all rules and regulations adopted by the North Carolina Board of Agriculture. Apply ground agricultural limestone at the rate of 2-3 tons per acre 2.3 SEED A. Provide seed conforming to all statutory requirements and all rules and regulations adopted by the North Carolina Department of Agriculture. B. Provide seed mixtures as tabulated below. Deliver to site in original containers bearing the appropriate guaranteed mixtures. Seed shall show a purity of not less than 90 percent and germination quality of not less than 85 percent. 1. Permanent for slopes flatter than 4 horizontal to one vertical (<4:1 slope): Mixture: 200 lbs/ac of at least 3 turf-type Tall Fescue varieties: August to mid October 70 lbs/ac Bermudagrass Mid February to mid April 2. Permanent for slopes equal to or steeper than 4 horizontal to one vertical (>4:1 slope): Mixture: 80 lbs/ac Tall Fescue 501bs/ac Pensacola Bahiagrass 40 lbs/ac Kobe Lespedeza Seeding Dates: Mid February to end April Early September to end October Notes: From mid-April through mid-August add 10 lbs/ac German millet or 15 lbs/ac Sudangrass. 3. Temporary: 120 lbs/ac Rye Grain: Mid August to mid April 401bs/ac German Millet: Mid April to mid August 4. Other mixtures as recommended by the Soil Conservation Service may be considered. 2.4 MULCH A. Mulch all seeded areas except where jute mesh is required. Use undamaged, air-dry, threshed small grain straw free of undesirable weed seed. Apply emulsified asphalt tack at a rate of 0.10 gallons per square yard. B. Spread mulch by hand or with a mulch blower. When spreading straw mulch by hand, divide the area to be mulched into sections of approximately 1,000 ft2, and place 70-90 lb of straw (1 '/2 to 2 bales) in each section to facilitate uniform distribution. After spreading mulch, no more than 25% of the ground surface shall be visible. 2.5 ROLLED EROSION CONTROL A. Use rolled erosion control (REC) on seeded areas where slope is steeper than 2 horizontal to one vertical (2:1 slope). Use REC weighing approximately 90 lbs. per 100 sq. yds. and having 3/4" openings. REC should withstand channel velocity up to 6 feet per second. CITY OF RALEIGH, NORTH CAROLINA FERTILIZING, SEEDING, AND MULCHING Dempsey E. Benton WTP Water Transmission Main - Phase 3 02420 - 2 ARCADIS G&M of North Carolina, Inc. Printed: 6/16/2009 Project No. NC705008.0000 B. Anchor the rolled erosion control using 11 gauge, at least 6in length by 1 in wide staples or 12in minimum length wooden stakes. Drive staples or stakes so that the top is flush with the ground surface. Anchor each REC every 3 feet along it's center. Longitudinal overlaps must be sufficient enough to accommodate a row of anchors and be uniform along the entire length of overlap. Anchor every 3 feet along the overlap length. PART 3 EXECUTION 3.1 GENERAL A. Follow procedures set forth in the publication "Guide for Sediment Control on Construction Sites in North Carolina" by the United States Department of Agriculture, Soil Conservation Service, and as specified herein. 3.2 SEED BED PREPARATION A. Remove all grass and weeds and shape overall area to even out high and low spots B. Spread a minimum of 3 inches of topsoil over all disturbed areas to the finished grade as shown on the drawings. C. Scarify soil to a depth of 3 inches and work into a satisfactory seed bed by discing, use of cultipackers, harrows, drags or other approved means. D. Preparation outlined above shall not be done when the soil is frozen, wet or otherwise in an unfavorable condition. E. Begin and complete seeding operations as outlined below as soon as possible after final or intermediate grading is completed. F. Distribute lime and fertilizer, as required, uniformly over seed bed and harrow, rake, or otherwise work same into seed bed. G. Distribute seed uniformly over seed bed. Lightly rake surface of seed bed to cover seed to a maximum depth of 1/4 inch. H. Compact seed bed after covering seed with an approved roller or drag. 1. No lime, fertilizer, or seed shall be applied during a strong wind, when soil is wet or otherwise unworkable. Should rain follow seeding before rolling is begun, the bed shall not be rolled. J. No rip-rap is to be placed along the banks of new fill. Maintain the area and repair any erosion damage until a permanent ground cover is established. Use mulch or mesh as required. 3.3 PERMANENT SEEDING A. Application of Lime, Fertilizer, and Seed: CITY OF RALEIGH, NORTH CAROLINA FERTILIZING, SEEDING, AND MULCHING Dempsey E. Benton WTP Water Transmission Main - Phase 3 02420 - 3 ARCADIS G&M of North Carolina, Inc. Printed: 6/16/2009 Project No. NC705008.0000 1. Lime with 40 lbs. per 1,000 sq. ft. before seeding. 2. Fertilize with 15 lbs. per 1,000 sq. ft. when seeding. Top dress with 10 lbs. per 1,000 sq. ft. when cover is established. 3. Provide permanent seeding to completed areas during the permanent seeding period. If grading is completed at times other than the recommended season, provide temporary seeding or other protection approved by the Engineer until the appropriate planting season begins. 3.4 TEMPORARY SEEDING A. Application of Fertilizer and Seed: 1. Fertilize with 15 lbs. per 1,000 sq. ft. when seeding. Top dress with 10 lbs. per 1,000 sq. ft. when cover is established. 2. Between February and May and September and November, seed with 130 lbs. per acre of Rye; between June and August seed with 40 lbs. per acre of Browntop Millet. 3.5 APPLICATION OF MULCH AND JUTE MESH A. Apply mulch at the rate of 100 lbs. per 1,000 sq. ft. Anchor with asphalt or other approved method. B. Apply jute mesh according to the manufacturer's recommendations. Anchor with steel hairpin shaped wire staples. 3.6 REPAIR AND MAINTENANCE A. Maintain the grass on the area for a period of 90 days after the grass growth appears. Reseed bare areas and repair all eroded areas during that period. END OF SECTION CITY OF RALEIGH, NORTH CAROLINA Dempsey E. Benton WTP Water Transmission Main - Phase 3 ARCADIS G&M of North Carolina, Inc. 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WHEELER R. WYCHE N. JOHNSON L. DIEBOLT ~ ' ~ 4~ -~~fi"c-, ~ ~ < 4~~:.c,. ~ MDSE ®~ENTON PROJECT MANAGER DEPARTMENT MANAGER LEAD DESIGN PROF. CHECKED BY ~ ° ~ C 30 JAN 2008 ISSUED FOR DMSION OF (AND QUALITY REVIEW - ~ ~ ~ i~f Iff,G~i E R T N M I SHEEP TITLE ~ ~ , ~ d.1,~, v.~ TASK/PHASE NUMBER DRAWN BY S SSI4 I ^T N. JOHNSON ~ G JUNE 2009 ISSUED FOR DWQ I6:VIEW B 21 JAN 2008 ISSUED FOR NCDOT REVIEW ~ ° - ~ ~ z v , ~ ARCADIS G&M of North Carolina, Inc. ~s ~r ' -A~° -o ~ Q ~G~~§ 1 City of Raleigh PLAN AND PROFILE PROJECT NUMBER DRAWING NUMBER U ~ ~ F JUNE 2008 ISSUED F~ BIDS A 03 JAN 2008 ISSUED FOR NCDOT REVIEW 801 Corporate Center Drive, Suite 300 E,,r'~~ ~ -,EF o o Raleigh, NC 27607 'K~ ~ "U STA 406+24 TO 418+ 10 705008.1000 ~36 t; l Tel: 919-854-1282 fax: 919-854-5448 ' Raleigh, North Carolina ~ E 22 MAY 2008 ISSUED FOR CITY OF RALEIGH REVIEW REV. ISSUED DATE DESCRIPTION www.arcadis-us.cam 1r' ` "