20090851 Ver 2_401 Application_20100510

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ARCADIS
Infrastructure, environment, buildings
Transmittal Letter
To:
Mr. Ian McMillan
Division of Water Quality
401 Oversight and Express Permitting Unit
NC Department of Environment and Natural
Resources
2321 Crabtree Blvd., Suite 250
Raleigh, North Carolina 27604
919.715.4631
From:
Ben Furr
Subject:
PCN Application - Buffer Authorization
Modification to DWQ # 2009-0851
o(?-fl8S 1 U 2-
Copies:
Perry Allen - City of Raleigh
Lauren Witherspoon - NCDWQ
File
Date:
May 20, 2010
ARCADIS Project No.:
NC705008.2000
ARCADIS G&M of North Carolina, Inc.
801 Corporate Center Drive
Suite 300
Raleigh
North Carolina 27607
Tel [phone]
Fax [phone]
ARCADIS G&M of North Carolina, Inc.
NC Engineering License # C-1869
NC Surveying License # C-1869
We are sending you:
® Attached
? Shop Drawings
? Prints
? Other:
? Under Separate Cover Via the Following Items:
? Plans ? Specifications ? Change Order
? Samples ? Copy of Letter ? Reports
Copies Date Drawing No. Rev. Description Action"
3 5/20/10 PCN requesting riparian buffer authorization (includes
cover letter)
/ x Full Size Plans
11x17 plans
1 PCN checklist
1
V cue 1 OVAUTY
Action" uAW Tim,
? A Approved ? CR Correct and Resubmit ? ResuftbmlW" Copies
? AN Approved As Noted ? F File ? Return Copies
® AS As Requested ® FA For Approval ? Review and Comment
? Other:
Mailing Method
? U.S. Postal Service 1" Class ® Courier/Hand Delivery ? FedEx Priority Overnight ? FedEx 2-Day Delivery
? Certified/Registered Mail ? United Parcel Service (UPS) ? FedEx Standard Overnight ? FedEx Economy
? Other:
Comments: Attached is the Pre-Construction Notification from and site plans for DWQ review and approval of
riparian buffer impacts associated with installation of the Poole Road Water Transmission Main. Please call or
email me if you need additional information or further clarification of the information provided Thank you
Page:
1/1
ARCADIS

Infrastructure
environment
buildings ARCADIS G&M of North Carolina,
,
, Inc.
801 Corporate Center Drive
Mr. Ian McMillan Suite 300
North Carolina Division of Water Quality Raleigh
401 Oversight and Express Permitting Unit North Carolina 27607
NC Department of Environment and Natural Resources Tel
91
9.854.854..1282
282
2321 Crabtree Blvd, Suite 250 Fax
91
9.854.5448

Raleigh, North Carolina 27604 www.arcadis-us.com
Subject: TRANSPORTATION
PCN Application in response to NOV-2010-PC-0276
Poole Road Water Line
Dear Mr. McMillan:
Date:
Attached are the Pre-Construction Notification (PCN) form and site plans for review May 20, 2010
of the Dempsey E. Benton WTP Water Transmission Mains - 30" Water Line project.
This PCN was prepared in response to the Notice of Violation (NOV) issued to the Contact:
City of Raleigh on March 23, 2010. The attached PCN requests buffer authorization Ben Furr
for impacts to Zones 1 and 2 of the Neuse River Buffer surrounding Lake Myra
(excluding the gravel parking lot surrounding the abandoned building). Mitigation for Phone:
impacts to Zone 1 will be acquired through EarthMark Mitigation Services, LLC. The
919.630.1680
fill material that was placed in wetlands, as noted in the NOV, will be removed in Email:
accordance with the response letter issued to NCDWQ on April 22, 2010 (attached). [e-mail]
Lauren Witherspoon (NCDWQ) approved the response letter and restoration plan on
May 18, 2010. Upon removal of the fill material and stabilization of the disturbed Our ref:
areas, the project will be in compliance with Nationwide Permit #12 and Water NC705008.2000
Quality General Certification #3819. This PCN application is not requesting 404/401
authorization, as all impacts to streams and wetlands will be temporary. DWQ

issued a previous buffer authorization on this project for impacts to the buffer at ARCADIS G&M of North Carolina, Inc.

Marks Creek (DWQ project #2009-0851) just downstream of the Lake Myra outfall. If NC Engineering License # C-1869
NC Surveying License # C-1869
you have any questions or need additional information, please contact me.
Sincerely,
ARCADIS G&M of North Carolina, Inc.
Ben Furr
Environmental Scientist
Copies:
File
Perry Allen, City of Raleigh
Lauren Witherspoon, NCDWQ
Imagine the result
g:\wwm\705008.2000 raleigh transmission mains\Impact analysis\pcn application for buffer authorization\pcn cover letter.doc
ARCADIS
Infrastructure, enviroornent, b0chngs
Ms. Lauren Witherspoon
North Carolina Division of Water Quality
Surface Water Protection
NC Department of Environment and Natural Resources
3800 Barrett Drive
Raleigh, North Carolina 27609
919-791-4258
Subject:
Response to Notice of Violation - Poole Road Water Line (NOV-201 0- PC-0276)
Dear Lauren:
The purpose of this letter is to respond to the Notice of Violation issued to the City of
Raleigh on March 23, 2010. ARCADIS G&M of North Carolina, Inc. (ARCADIS)
biologists visited the site on Wednesday, March 24, 2010, to identify and assess
impacts to jurisdictional water features and buffers. ARCADIS verified existing
wetland and stream mapping and located the extent of impact using a hand auger
and global positioning system (GPS) unit. Figure 1 depicts the area of impact. On
April 7, 2010, ARCADIS biologists visited the project site to survey all jurisdictional
features along the entire project corridor. Figure 2 depicts the jurisdictional streams,
wetlands, and buffers within the project study area.
Quantifying Existing Impacts
Based on our March 24 field assessment, ARCADIS determined that approximately
0.07 acre (3,217 sq. ft.) of wetland and 0.08 acre (3,634 sq. ft.) of Zone 1 stream
buffer were impacted as a result of fill placed in wetlands or disturbance within the
Neuse River Buffer zone adjacent to Lake Myra.
Earthen fill was placed in the wetland between Lake Myra and the pump station
access road. The fill material in the wetland ranged from 3 inches to 24 inches in
depth (Figure 1). The contractor placed silt fence, along the NCDOT Right-of-Way,
approximately 5 to 10 feet inside of the wetland boundary and the majority of fill
material was placed between the silt fence and the wetland boundary. A small
portion of sediment washed through a silt fence relief structure and into the wetland.
The depth of this sediment plume is less than 2 inches and has not resulted in
extensive alteration of the ground surface. The wetland impacts were not reported to
ARCADIS G&M of North Carolina,
Inc.
801 Corporate Center Drive
Suite 300
Raleigh
North Carolina 27607
Tel [phone]
Fax [phone]
www.arcadis-us.com
TRANSPORTATION
Date:
April 22, 2010
Contact:
Ben Furr
Phone:
919-630-1680
Email:
[e-mail]
Our ref:
N C705008.2000
ARCADIS G&M of North Carolina, Inc.
NC Engineering License # C-1869
NC Surveying License # C-1869
ARCADIS
NCDWQ because the contractor and construction oversight personnel were not fully
aware of the conditions set forth in Nationwide Permit #12 and General Water Quality
Certification #3819, and therefore did not realize that they were in violation of the
permits. They also assumed that grading and fill inside the NCDOT Right-of-Way
was allowable.
Sediment has also filled in an 18-inch metal culvert outlet location as shown in the
attached photos and on Figure 1. This culvert is at preconstruction elevation and is
relatively low compared to the surrounding grade.
Two new corrugated metal pipes were placed in an unnamed tributary to Lake Myra
that flows under Poole Road. These pipes were installed to replace the existing
pipes and were cut to the exact length as the original pipes. This work was covered
under Nationwide Permit #3 and General Water Quality Certification #3687. No
additional stream impacts occurred as a result of this maintenance activity.
Approximately 0.08 acre (3,634 sq. ft.) of Zone 1 Neuse River Riparian Buffer,
between Poole Road and Lake Myra (within NCDOT Right-of-Way), was disturbed
during installation of the water line as vegetation was cleared and the side slope was
graded, seeded, and matted to stabilize the area to NCDOT requirements.
A rain gauge was located on site, but written records of the rainfall data were not
being collected. ARCADIS was not enforcing this requirement, and the Contractor
was not adhering to it. ARCADIS has informed the Contractor that rainfall data shall
be collected for the remainder of the project and the data provided to the City of
Raleigh at the monthly progress meetings.
Photos of the site features mentioned above are included as an attachment to this
letter. The following table provides estimated quantities of fill that were deposited in
jurisdictional features and the area of buffer and wetland impacted as a result of
project construction.
Ms. Lauren
Witherspoon
April 22, 2010
Page:
2/5
ARCADIS
Table 1. Estimated Impacts to Wetlands and Neuse River
Riparian Buffers

Feature
Impact Volume of Fill

(ft3) Volume of Fill

(yd3)
Buffer 0.08 acre 405 ft3 15 yd3
(3,634 ft2)
Wetland 0.07 acre 2,754 ft3 102 yd3
(3,217 ft2)
Stabilization and Avoidance of Future Impacts
Silt fence will be removed from the wetland after the restoration activities are
complete. Sediment that deposited outside of the silt fence, at the relief structure,
has settled and stabilized and will not be removed because it is less than 2 inches
deep. The earthen fill that was placed between the silt fence and the wetland
boundary will be removed and the wetland will be restored as described below in the
Wetland Restoration Plan. Sediment that filled in the 1-inch metal culvert will be
removed and rock outlet protection will be installed at this location. The contractor
has been informed not to place erosion control measures (i.e., silt fence) in wetlands
or streams for the remainder of the project, unless approved by the NCDWQ. All
future work in wetlands and streams will comply with the requirements of Nationwide
Permit #12 and General Water Quality Certification #3819.
Wetland Restoration Plan and Buffer Mitigation
The fill material within the wetland between Lake Myra and Poole Road will be
removed by hand labor (i.e., shovels, buckets, and wheelbarrows) because this area
is difficult to access with equipment as it is behind the NCDOT guardrail. The fill
material within the remainder of the wetland will be removed using a small excavator,
where possible. The excavator will remain outside of the wetland boundary and
reach in to remove the sediment. The removed sediment will be disposed of off-site.
If the slopes adjacent to the wetland are too steep for the excavator, the fill material
will be removed by hand. An ARCADIS biologist will be on-site for the duration of the
Ms. Lauren
Witherspoon
April 22, 2010
Page:
3/5
ARCADIS
wetland restoration activities. The wetland areas disturbed during the sediment
removal process will be replanted with an herbaceous wetland seed mix (see
attached seed mix). No fertilizer will be used within or adjacent to the wetland. If the
contractor is unable to obtain the seed mixes as defined in the attachment, the
contractor may propose an alternative seed mix for the designer's approval.
Buffer impacts will be mitigated by payment into the North Carolina Ecosystem
Enhancement Program. ARCADIS will submit a request for modification of the
original buffer authorization to account for this mitigation.
Monitoring Plan
The restored area will be visually observed on a bi-weekly basis until the restored
area has achieved 75 percent coverage. If percent coverage is less than 75 after 3
months of observation the restored area will be reevaluated and an alternative plan
will be developed to achieve site stabilization. Photos of the restored wetland will be
taken during each site visit. ARCADIS will provide bi-weekly updates to NCDWQ
until the site has achieved 75 percent coverage or until NCDWQ deems the
restoration successful.
Schedule
(The following schedule is contingent on the results of a meeting with the City of
Raleigh and the contractor to discuss the restoration plan and avoidance of weather
delays.)
Restoration Plan Approved - May 7, 2010
Sediment Removed from Wetland, Buffer, and Culvert Outlet - May 28, 2010
Disturbed Areas Planted and Stabilized - June 4, 2010
Begin Bi-Weekly Monitoring - June 18, 2010
Ms. Lauren
Witherspoon
April 22, 2010
Page:
4/5
ARCADIS
If you concur with the restoration and monitoring plan as presented in this letter,
please respond indicating your approval. If you have any questions, please contact
the undersigned at 919-630-1680.
Sincerely,
ARCADIS G&M of North Carolina, Inc.
Ben Furr
Environmental Scientist
Attachments
Copies:
Robert Massengill, City of Raleigh
Perry Allen, City of Raleigh
Nichole Johnson, ARCADIS
John Holley, NCDENR-Division of Land Resources
Joe Dupree, NCDENR-Division of Land Resources
File
Ms. Lauren
Witherspoon
April 22, 2010
Page:
5/5
Sediment filled in 18" metal culvert. Sediment will be removed and outlet protection installed.
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Site Photos - Taken March 24, 2010
Looking downstream from 18" culvert.
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Standing on spoil pile, looking east at remainder of buffer impact.

Looking east at buffer/wetland impact. Sediment will be removed from silt fence to toe of slope.

Photo of silt fence relief structure placed in wetland. Structure will be removed during restoration.
Photo of sediment plume escaping through silt fence relief structure. Structure and sediment immediately
surrounding structure will be removed during restoration.
Sediment plume downstream of relief structure. Sediment is less than 2" and will not be removed.
Impact Summary
Wetland Impacts = 0.07 ac (3,217 sq. ft.)
Buffer Impacts (Zone 1) = 0.08 ac (3,634 sq. ft.)

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Version 1.4
January 9, 2009
401 Oversight/Express Permitting PCN Submittal Checklist
? The application fee (Checks may be made out to "N.C. Division of Water Quality"
- $240.00 for 401 Water Quality Certification with minor impacts
- $570.00 for 401 Water Quality Certification with major impacts
- Express Review Fee (Amount requested on Acceptance Letter)
fur complete and collated copies of the PCN Application and supporting
?fldocumentation (instead of providing 5 copies of the full size plans you may provide two
copies of full size plans along with three copies of 11 X 17 plans)
/ ? Stormwater Management Plan (if applicable - see PCN Form Help File Section E)
1) Please provide three (3) copies of the stormwater management plans along with all
supporting information pertaining to this project including the following:
a. Entire site development/layout plans delineating all drainage areas;
b. Design calculation sheets for all proposed BMPs) sized for both on-site and
off-site drainage;
c. BMP supplements for each proposed BMP and Required Items Check List
(http://h2o.enr.state.nc.us/su/bmp forms.htm) along with all required
items;
d. A Notarized Operation & Maintenance Agreement for each stormwater
management facility;
e. Detailed construction drawing sheets shall include
(i) Erosion and sediment control plans;
(ii) Installation and planting schedules for the proposed BMPs;
(iii) Appropriately scaled plan views and cross sectional details of all
BMPs and associated components - inlet and outlet structures,
forebay, respective zones and pertinent elevations.
? If your project is located within a State implemented Riparian Buffer Rule Area, submit the
following along with site plans and PCN form:
1) Three (3) copies of the details for on-site diffuse flow provisions, (refer to
http://h2o.enr.state.nc.us/su/bmp-forms. htm).
? DWQ Stream Determination Forms for streams on property and DWQ determination
letter for wetlands or streams (if applicable).
The following is the most critical of all the information that you must provide. The quality and
detail of the information will often determine the expeditiousness of the review. The following is
a checklist of the types of pertinent information required at a minimum:
Maps and Plans:
Da The most recent version of the 1:24,000 USGS Topographic Map - Please cleanly draw or
delineate the site boundaries on the topographic map.
The most recent version of the bound and published County NRCS Soil Survey Map -
(required for projects within the Neuse River Basin, Tar-Pamlico River Basin, Randleman
Lake Watershed and the Catawba River Basin, also recommended for all projects) -
Please clearly delineate the site boundaries, etc. on the map. If the delineation obscures
any of the features, it is recommended that a clean copy be provided. Copies of the
Version 1.4
January 9, 2009
current soil survey and/or soil survey map sheets can be obtained from the local NRCS
County Office (http://www.nc.nres.usda.gov/). GIS soil layers are not acceptable.
Vicinity map - Please clearly mark the location and approximate boundaries of the property
and project on the map. Please indicate north arrow and scale. Please include applicable
road names or State Road numbers.
?9(Tlhe Site Plan - The most critical map to be provided is the site plan. You must provide full
sized plans. The following is the minimum list of plans that are typically needed.
((Pre-construction/Pre-existing conditions - This sheet (or sheets) must include:
• All jurisdictional and non-jurisdictional wetland, stream, water features, State regulated
buffers (delineated into Zones 1 and 2)
• Topographic contours with elevations
• Any existing structures and impervious areas
• Existing utility lines and easements
• Existing roads, culverts, and other pertinent features
• North arrow and the scale (1":50' scale is recommended).
Proposed conditions - This sheet (or sheets) must include:
• All jurisdictional and non-jurisdictional wetland, stream, water features, State regulated
buffers (delineated into Zones 1 and 2)
• Lot layout (if a subdivision or commercial development is proposed) - lots must be
developable without further impacts to jurisdictional and non-jurisdictional wetlands,
streams water features and State regulated buffers. Building envelopes must be
provided when streams, wetlands, riparian buffers, or water features exist on a lot
• All built-out structures and impervious cover
• Final grading contours with elevations
• All utilities and easements (including septic fields on all lots within 100 feet of stream,
wetland, or water features - if applicable)
• Impacted areas - these should correspond with the Impact numbers listed on your PCN
form.
Drainage Plans - Final drainage plans must include the following:
• Locations and pertinent elevations and sizes of the stormwater collection system and
drainage ways
• All inlets and outlets must also be shown with pertinent elevations (All outlets to
wetlands must be at a non erosive velocity, generally less than 2 ft/sec during the peak
flow from the 10-yr storm)
• Scaled stormwater BMPs must also be indicated as required by DWQ rules and policies
• In certain cases (see Section E of PCN form), final stormwater management plans must
also be provided (see Stormwater Management Plan Checklist)
N Proposed Impacts - All impacts to jurisdictional and non-jurisdictional wetland, stream,
water features, and State regulated buffers must be shown and labeled on the site plans at
a scale no smaller than 1" = 50'. All excavation, fill, flooding, stabilization, and other impacts
that will be conducted in or near jurisdictional and non-jurisdictional wetland, stream, water
features, and State regulated buffers must be indicated. Please provide cross sectional
details showing the provisions for aquatic life passage (burial of culvert 20% for culverts <_ 48
inches, and 1-foot for culverts > 48 inches).
Version 1.4
January 9, 2009
Wetland Impacts:
? Precise grading and final elevation contours must be provided. Existing
vegetation and any clearing must be specified.
? All subsurface utility lines must indicate the location of anti-seep collars.
Construction detail for anti-seep collars must be provided.
? Roadway or other crossings of riparian wetlands may require floodway culverts to
maintain existing hydrological conditions.
? Plans should show that the hydrology of remaining wetlands on the site will be
maintained.
Stream Impacts:
? Stream impacts must be clearly shown on the plans. The centerline as well as
the banks of the stream must be surveyed or located by GPS for the portion of
the stream to be impacted.
? The inlet and the outlet of all culverts should be aligned with the stream as
much as possible. Inlet and outlet elevations and streambed elevations should
be indicated. Any inlet or outlet protection must be shown and enumerated on
the impact map(s).
? For bottomless culverts or other spans, a vertical cross section should be
provided that shows the minimum distance from each span to each stream bank,
the stream cross section, the height of the span above the stream and the
minimum distance from the edge of each footer to each stream bank.
Additionally, please provide a signed and sealed geotechnical report of
subsurface soils at the proposed bottomless culvert location. The report must
comply with the Division of Highways - Guidelines for Drainage Studies and
Hydraulic Design, prepared by A.L. Hankins, Jr., State Hydraulics Engineer -
1999.
? Multiple culverts or sectioned box culverts typically require the use of sills, off-
setting or other means to match the cross section of the existing stream (in order
to maintain stream stability and provide aquatic life passage). A vertical cross
section of the culverts should be shown overlain with the up and downstream
stream cross section including the stream flood-prone area.
? Impacts associated with dam construction must indicate and enumerate all fill
associated with the dam footprint, spillway and any bank stream bank
stabilization. The length of stream impounded must also be indicated and
enumerated.
t) q-oBS l v 2,
O?O?- W AT FRIG
I 1 ?
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
1 a. Type(s) of approval sought from the
Corps:
El Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1c. 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
1h. 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, Poole Road Water Transmission Main
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 c
3. Owner Information MAY 2 © 2010
3a. Name(s) on Recorded Deed: City of Raleigh
3b. Deed Book and Page No. n/a WE"0AND6MM*rr JERVWG4
3c. Responsible Party (for LLC if
applicable): City of Raleigh
3d. Street address: P.O. Box 590
3e. City, state, zip: Raleigh, NC 27602
3f. Telephone no.: 919.996.3000
3g. Fax no.: unknown
3h. Email address: unknown
Page I of 11
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: John Carman, 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: Ben Furr
5b. Business name
(if applicable): ARCADIS G&M of NC, Inc.
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.: 919.854.9812
5g. Email address: [e-mail]
Page 2 of 11
PCN Form -Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): n/a
Latitude: 35.751757 Longitude: -
1 b. Site coordinates (in decimal degrees): 78.424337
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 0.56 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Lake Myra (Marks 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:
The site is located adjacent to Poole Road, between the road and the lake edge. The majority of the area is either
maintained roadway right-of-way or previously developed property. A narrow buffer (<20 feet) around the lake edge is
forested.
3b. List the total estimated acreage of all existing wetlands on the property:
Approximately 650 sq. ft. of wetland exists along the lake edge within the buffer zone between Poole Road and Lake
Myra.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property.
0
3d. Explain the purpose of the proposed project:
Installation of a water transmission main.
3e. Describe the overall project in detail, including the type of equipment to be used:
The City of Raleigh Poole Road water transmission main project consists of installation of a 30-inch waterline along a
portion of Poole Road. The waterline will mainly be installed within easements adjacent to roadways. With the exception
of stream crossings, the water transmission main will be installed by excavating a trench, installing the waterline, filling
the trench in, returning the area to original grade, and reseeding and strawing the disturbed areas. Equipment to be used
includes excavators and bulldozers. All construction activities will be performed using Best Mangagement Practices, and
the project's approved Sedimentation and Erosion Control Plan will be adhered to.
There are no streams in this section of the project, but all stream crossings on the project were or will be installed using
trenchless techniques. No permanent stream or wetland impacts will occur from installation of the water transmission
main. With the exception of Marks Creek (previously authorized) and Lake Myra (authorization requested with this PCN)
,
Neuse River buffer impacts will be perpendicular, less than 40 feet in width, and are classified as "Exempt" by the Neuse
River Buffer Rules.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
? Yes ®No ? Unknown
project (including all prior phases) in the past?
Comments:
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:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
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.
A PCN was submitted on August 4, 2009 requesting buffer aut horization for impacts to Zone 1 and Zone 2 buffers
adjacent to Marks Creek (DWQ Project # 2009-0851). DWQ a uthorized the buffer impacts in a letter dated October 13,
2009. Mitigation was not required as part of this authorization. A copy of the authorization letter is attached.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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 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)
S1 ? P ? T ? PER ? Corps
? 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
3i. Comments:
Page 5 of 11
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 individually list all open water impacts below.
4a.
Open water
impact number
- Permanent
(P) or
Temporary T 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 com fete the chart below.
5a.

Pond ID 5b.

Proposed use or purpose of 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number 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 11
PCN Form - Version 1.3 December 10, 2008 Version
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 for Buffer Zone 1 impact Zone 2 impact
Permanent (P) impact Stream name mitigation (square feet) (square feet)
or Temporary required?
T
Construction
activities
assocated
B1 ®P ? T instalwith lation Lake Myra (Marks Creek) Nos 8,687 5,379
of
transmission
main
B2 ? P ? T ? Yes
? No
B3 ? P ? T ? Yes
? No
6h. Total buffer impacts 8,687 5,379
6i. Comments: Approximately 430 feet of Zone 1 (8,687 sq. ft.) and Zone 2 (5,379 sq. ft.) of the Neuse River buffer adjacent to
Lake Myra was disturbed during the installation of a 30" Water Transmission Main along Poole Road. Upon completion of the
construction activities, the buffer area impacted by construction activities was seeded and strawed. The maintained corridor
within the aforementioned Neuse River buffer at Lake Myra will be 10 feet or less. Mitigation credit will be provided for the
impacts to Zone 1 buffer (excluding the existing gravel parking lot surrounding the abandoned building).
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The water transmission main route was designed to be within existing maintained roadway right-of-way where feasible. If
jurisdictional areas were present within a portion of the right-of-way, the water transmission main was designed to be installed
within the portion of the right-of-way in which the jurisdictional areas were not present, if possible. All stream crossings on the
project were designed to be performed using trenchless installation techniques. In addition, stream crossings were designed
to be perpendicular crossings where feasible. Given the limited distance between Poole Road and Lake Myra, impacts to the
buffer adjacent to Lake Myra were unavoidable.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Best management practices and sedimentation and erosion control measures will be used during all construction activities.
No equipment refueling or maintenance activities will occur adjacent to jurisdictional areas. Wetland impacts during
construction will be minimized to the extent that is reasonably feasible. All temporary impacts to jurisdictional areas during
construction activities will be returned to existing grade and stabilized and/or seeded in a timely manner.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this project? ? Payment to in-lieu fee program
? Permittee Responsible Mitigation
Page 7 of 11
PCN Form -Version 1.3 December 10, 2008 Version
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Forest Creek Riparian Buffer Mitigation Bank

3b.
Credits Purchased (attach receipt and letter) Type Neuse River
Riparian Buffer
Credits
Quantity 10,653
3c. Comments: EarthMark Mitigation Services provided the mitigation credits at this bank, see Section 6 for further discussion.
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.
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 Construction activities
associated with installation
of the transmission main
3,551
3 (2 for Catawba)
10,653
Zone 2 1.5
6f. Total buffer mitigation required: 10,653
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).
Mitigation has been secured through EarthMark Mitigation Services at the Forest Creek Riparian Buffer Mitigation Bank.
the Riparian Buffer Mitigation Credit Reservation Confirmation Letter - Statement of Availability is attached.
6h. Comments: The above referenced Statement of Availability shows that credits have been secured for 10,653 credits/units.
The Certificate of Transfer and Official Credit Ledger that will be provided by EarthMark Mitigation Services will reflect the
10,653 credits/units required for this project. Of the 8,687 sq. ft. of Zone 1 buffer impacted, only 3,551 sq. ft. required
mitigation because 5,136 sq. ft. consisted of a gravel parking lot. Zone 2 impacts do not require mitigation according to
15A NCAC 0213.0233.
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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%
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 will be subsurface, and no
impervious surfaces will be generated relative to the proposed project. The project is a low density project.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative 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

4a.
Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
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 9 of 11
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
? Yes ? No
letter.)
Comments:
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): During
construction activities associated with installation of a 30" water transmission main, a portion of the Lake Myra buffer was
cleared or disturbed. The transmission main was installed through the buffer, parallel to Lake Myra, requiring written approval
of the impact. The contractor and construction oversight personnel thought that all permits had been obtained and that the
construction acitivity within the Lake Myra buffer had already been authorized by DWQ.
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.
The proposed project is not anticipated to result in significant additional development, which could impact downstream
water quality. The project area is currently experiencing modest growth, and the project area is forecast to continue
experiencing growth. The proposed water line will not induce significant growth within the service area but will assist the
City in providing potable water services to current and future residences and business.
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 as a result of this project.
Page 10 of 11
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
habitat? Yes ( No
- ------------
5b, Have you checked with the USFWS concerning Endangered Species Act
impacts? Yes1 No
5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
i
The dwarf wedge mussel may be present within the project area. However, all stream crossings associated with this
project are being performed using trenchless construction techniques, thereby avoiding impacts to the dwarf wedge
mussel.
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?
i
Review of Essential Fish Habitat designations was performed via NC CGIA data.
7. Historic or prehistoric Cultural Resources (Carps requirement)
7a. Will this project occur in or near an area that the state, federal or tribal ? _.___
i -
governments have designated as having historic or cultural preservation I
status (e.g., National Historic Trust designation or properties significant in Yes ?io I
North Carolina history and archaeology)?
.. _ .....
.._ _ . ..?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? I
I review was performed of listed historic and archeological sites at the State Historic Preservation Office,
. Flood Zone Designation (Corps requirement) _
-- _.m............
L8a Will this project occur in a FEMA-designated 100-year floodplain? Z Yes F No
......... _
8b, If yes. explain how project meets FEMA requirements Upon completion of the installation of the water line Jthe project
corridor will be returned to its previous grade and elevation, therefore, no decrease in floodplain capacity will occur from
the proposed project.
- - - --- - ------------
Pr WhAt Qni irr`aec't r4iri y^ s z? + P a ka ?? v _ _
_-..... ?.vw??r ?• • y 4+ u?? cv oncan i3?c awvUi.:IdifI UM~rrrmnation! 20M i-tMA mapping
John Robert Cartimn
Applicant/Agent's Printed Dame

Applicant/Agent's Signature i Mete
(Agent's signatit re is valid only if an authorization leterfrom the applicant
?_....I_ is provided.?
Page ! 1 of 11
PCN Form - Version 1,8 December 10, 2008 Version
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E a r t h M a r k
MITIGATION SERVICES
Florida • North Carolina . West Virginia
Riparian Buffer Mitigation Credit Reservation Confirmation Letter-Statement of Availability
May 12`h, 2010
NC Division of Water Quality U.S. Army Corps of Engineers
401 Oversight/Express Permitting Unit CESAW-RG-R
1650 Mail Service Center Raleigh Regulatory Field Office
Raleigh, NC 27699-1650 3331 Heritage Trade Center, Suite 105, Wake Forest, NC 27587
Re Project: City of Raleigh. Water Transmission Main
This document confirms that the City of Raleigh, North Carolina has entered into an agreement to reserve and
contractually commit to the purchase of 10,653 Riparian Buffer Mitigation Credits/Unites from the Forrest
Creek Riparian Buffer Mitigation Bank under a separate agreement.
The Forrest Creek Stream Mitigation Bank attests to the fact that 10.653 Riparian Buffer Mitigation
Credits/Unites are available for immediate transfer from its Official Bank Credit Ledger at the time of this
document and as of this date places 10.653 credits/units into "no-sale"- reservation status under the name of
the project on this document.
10,653 credits/units will remain in reservation status until State 401 permits are issued to the applicant and
payment in full is received, according to separate agreement, from the applicant resulting in the issuance of a
Transfer Certificate by the bank acknowledging that the applicant has fully secured credits from the bank and
the banker has accepted full responsibility for the mitigation obligation requiring the credits/units.
The Banker will issue the Certificate of Transfer, within ten (10) days of receipt of the balance of the Purchase Price.
Banker shall provide to Applicant the Transfer Certificate debiting credits from the Bank Official Credit Ledger showing
the permit number and the resource type secured by the applicant, and will send a copy of the Transfer Certificate with
an updated Official Credit Ledger to regulatory agencies showing the proper documentation.
Best Regards
/n"4 ?y?
Matthew R. Fisher
Regional V.P. Director of Business Development
EarthMark Mitigation Services, LLC.
1960 Derita Road, Concord, NC 28027
Ph: 704-782-4133 email: [e-mail]
12800 University Dr. Suite 400 Ft. Myers Florida, 33907 ph 239.415.6200 fx 239.415.6298
1960 Derita Road, Concord, NC 28027 ph 704.782.4133 fx 704.782.4148

ATAW
NCDENR OCT
North Carolina Department of Environment and Natural Resources Q 6.?0?
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Governor Director %ecretary
October 13, 2009
DWQ Project # 2009-0851
County: Wake
City of Raleigh
Attn: Mr. Dale Crisp
One Exchange Plaza
Suite 620
Raleigh, NC 27602
Subject Property: Poole Road Water Transmission Main, Raleigh, NC
Marks Creek [030402, 27-38, C, NSW]
AFTER-THE-FACT AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.023.3)
Authorization Certificate
Dear Mr. Crisp:
You have our after-the-fact authorization, in accordance with 15A NCAC 02B .0233 and any conditions
listed below, to impact approximately 2,100 ft2 of Zone 1 and 1,400 ft2 of Zone 2 of the protected riparian
buffers for the purpose of constructing the proposed water line on Poole Road as described within your
application dated August 4, 2009, received by the Division of Water Quality (DWQ) on August 5, 2009,
with additional information received by DWQ on October 8, 2009. In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go ahead with your
project including (but not limited to) Erosion and Sediment Control, Non-discharge regulations.
This authorization certification is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this authorization letter and is thereby
responsible for complying with all conditions. This authorization requires you to follow the conditions
listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Zone 1 Buffers 2,100 (square ft. Application
Zone 2 Buffers 1,400 (square ft. Application
2. Erosion & Sediment Control Practices
4010versight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc,uslncwetlands/
One
fthCarolina
No
Natura!!rf
An Equal Opporturoty 1 Affirmative Action Employer
City of Raleigh
Page 2 of 3
October 13, 2009
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North
Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond ;
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval by the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the date
that the Division of Land Resources or locally delegated program has released the project.
5. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into
the stream as identified within 1SA NCAC 2B .0233(5).
6. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 2B .0233.
7. Certificate of Completion
City of Raleigh
Page 3 of 3
October 13, 2009
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the 401
Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
8. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at: http://h2o.enr.state.nc.us/ncwetiands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
Any disputes over determinations regarding this Authorization (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision
is subject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization shall expire
five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under I5A NCAC 2B
.0233. If you have any questions or would like a copy of the buffer rules, please call Amy Chapman or
Cyndi Karoly at [phone]. This letter does not authorize any impacts to either Waters of the
United States or Waters of the State. Please contact the US Army Corps of Engineers (USACE) or NC
Division of Water Quality (DWQ) if any impacts are proposed to either of these waters.
Sincerely,
1^
oleen H. Sullins
CHS/ijm/asc
Enclosures: Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
Arcadis G&M of NC Inc, Attn: Ms. Linda Diebolt, 801 Corporate Center Dr, Suite 300, Raleigh,
NC 27607
File Copy
Filename: 090851 PooloRdWaterTransmissionLine(Wake)NBR
A7iA.
WREN R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
T_R r(:13 T 9T 7 11 T7"
f rMAR 2 S 2010
BY----------- 1-----------
Dee Freeman
Secretary
March 23, 2010
CERTIFIED MAIL #7009 0080 0000 9785 7989
RETURN RECEIPT REQUESTED
City of Raleigh
Attn: J. Russell Allen
PO Box 590
Raleigh, NC 27602
E MAR 2 5 2010 ?E
OFFICE OF
CITY MANAGER
Subject: NOTICE OF VIOLATION
NOV-2010-PC-0276
Construction Stormwater General Permit NCGO 10000
Wetland Standard Violation
Failure to Secure a 401 WQC
Neuse River Riparian Buffer Violations
35.7542° N, 78.5170°W
Wake County
Dear Mr. Allen:
On March 11, 2010 and March 18, 2010, Lauren Witherspoon from the Raleigh Regional Office
of the Division of Water Quality (DWQ) conducted a site inspection for the tract/project known
as the Poole Road Water Transmission Main in Wake County, North Carolina. The streams
reviewed on March 11, 2010 are Marks Creek (Lake Myra) and unnamed tributaries to Lake
Myra, Class C, Nutrient Sensitive Waters (NSW), in the Neuse River Basin.
Accordingly, the following observations were noted during the DWQ file review and site inspection.
On August 5, 2009, Ms. Nicole Johnson of ARCADIS submitted a Pre-Construction Notification (PCN)
requesting an after-the-fact Buffer Authorization on behalf of the owner/applicant, the City of Raleigh.
This application was submitted in response to a DWQ site inspection noting impacts that had occurred to
the Neuse River Riparian Buffer adjacent to Marks Creek (below the Lake Myra dam). These impacts
exceeded the Exempt threshold as defined in the Neuse River Riparian Buffer Rules Table of Uses 15A
NCAC 02b.0233 (6). On October 13, 2009, DWQ issued an approval authorizing impacts to
approximately 2,100 square feet of Zone 1 and 1,400 square feet of Zone 2 of the protected riparian buffer
for the purpose of constructing the proposed water line on Poole Road in the southwest quadrant of the
Marks Creek and Poole Road, DWQ Project# 09-0851.
A stormwater general permit (NCGO10000) is issued upon the approval of an Erosion and Sedimentation
Control Plan. This permit applies to projects that receive a Division of Land Resources (DLR) Erosion
and Sedimentation Control Plan Approval Letter for land disturbance of 1 acre or greater. Specifically,
NorthCarolina
Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer
Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Poole Road Water Transmission Line
March 23, 2010
Page 2
the general permit (NCGO 10000) authorizes the discharge of stormwater under the National Pollutant
Discharge Elimination System in accordance with Title 15A NCAC 2H.0100. An Approval Letter with
Modifications for the subject property was issued by DLR on October 26, 2009.
During the March 18, 2010 site inspection, DWQ was informed that a rain gauge was on site and that no
one was keeping rainfall data records or erosion control BMP and stormwater discharge outfall
monitoring records.
DWQ received a copy of the March 4, 2010 Notice of Violations of the Sedimentation Pollution Control
Act from the DLR Land Quality Section that cited the following violations along the Poole Road Water
Transmission Line corridor: Failure to conduct a land-disturbing activity in accordance with the approved
erosion and sedimentation control plan; Failure when a land-disturbing activity that will disturb more than
one acre is undertaken on a tract, to provide permanent ground cover sufficient to restrain erosion on such
exposed areas within 15 working days or 90 calendar days, whichever is shorter, after completion of
construction or development; Failure when a land-disturbing activity that will disturb more than one acre
is undertaken on a tract, to install sedimentation and erosion control devices sufficient to retain the
sediment generated by the land-disturbing activity within the boundaries of the tract during construction
upon and development of the tract; Failure to take all reasonable measures to protect all public and private
property from damage by such land-disturbing activities; Failure to retain, along a lake or natural
watercourse, a buffer zone of sufficient width to confine visible siltation by natural or artificial means
within the 25 percent of that portion of the buffer zone nearest the land-disturbing activity; and Failure to
install and maintain all temporary and permanent erosion and sedimentation control measures as required
by the approved plan or any provision of the Act, and rules adopted thereunder, during or after the
development of a site.
During the March 11, 2010 site inspection, DWQ observed sediment deposition and, what appeared to be,
inadvertently placed earthen fill in the wetland outside of the construction corridor (as indicated by the silt
fence) along Poole Road between the pump station access road and Lake Myra. The sediment deposition
ranging from trace to 4 inches in depth and mounds of earthen fill impacted approximately 1,000 square
feet of wetland area (Photos 1 and 2).
Photo 1:
View of
Sediment in
wetland.
Photo 2:
View of
Sediment
and Earthen
fill in
wetland.
During the March 11, 2010 site inspection, DWQ observed earthen fill in the wetland located inside the
construction comdor (as indicated by the silt fence) for approximately 425 linear feet along Poole Road
between the pump station access road and Lake Myra. The earthen fill measured 4 to 12 inches in depth
and impacted approximately 2,125 square feet of wetland area (Photos 3 and 4).
Photo 3:
View of
Earthen Fill
in wetland.
Photo 4:
View of
Earthen Fill
in wetland
-5 feet
wide.
Poole Road Water Transmission Line
March 23, 2010
Page 3
During the March 11, 2010 site inspection, DWQ observed that two
new corrugated pipes had been placed in the unnamed tributary to
Lake Myra that flows under Poole Road (Photo 5). These pipes
appeared to have been added to the existing concrete culvert.
A DWQ file review indicated that a 401 WQC was not secured or
applied for prior to placing earthen fill/pipes in the wetland/stream. Esm, According to WQC 3699 (the GC for projects eligible for
USACE NWP 12 Utility Line Activities) written approval from the
DWQ is required if any of the Conditions outlined in the GC cannot
be met. Specifically, WQC 3699 Condition 22 states that "the applicant shall have a specific plan for
restoring wetland contours. Any excess material will be removed to a
high ground disposal area". ?
During the March 11, 2010 site inspection, DWQ observed that the
construction corridor for the water line extended approximately 190
linear feet in Zone 1 of the Neuse River Riparian Buffer adjacent to
Lake Myra (Photo 6). Buffer impacts of this nature are Allowable
with Mitigation as defined in the Neuse River Riparian Buffer Rules
Table of Uses 15A NCAC 02b .0233 (6) and would require DWQ
notification. A file review indicates that this impact was not applied
for or authorized in the Buffer Authorization DWQ Project# 09-0851.
Photo 6: View of construction
corridor in Zone 1 of the buffer
As a result of the site inspection and file review, the following violations, described below, are noted:
Item I. Construction Stormwater General Permit (NCGOIOOOO) Conditions
Part II, Section B. No. 12
Projects and their corresponding activities permitted under the previous version of the NC general permit
for construction activities are covered under this general permit. The requirements for these projects are
the same as those previously required in the general permit until the project is completed or terminated.
Part 1, Section A. No. 2
The permittee shall implement the plan, which has been approved by the approval authority.
Part I, Section C. No. 2
During construction and until the completion of construction or development and the establishment of a
permanent ground cover, the permittee shall provide the operation and maintenance necessary to operate
the stormwater control measures and all erosion and sedimentation control measures at optimum
efficiency.
Item II. Wetland Standard Violations
15A NCAC 02B .0231 (b)
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause
adverse impacts on existing wetland uses;
I Photo 5: View of Pipes in Stream
Poole Road Water Transmission Line
March 23, 2010
Page 4
(5) Hydrological conditions necessary to support the biological and physical characteristics naturally
present in wetlands shall be protected to prevent adverse impacts on:
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(F) Water levels or elevations.
Item M. Failure to Secure a 401 Water Quality Certification
The file review confirmed that a 401 WQC application was not submitted to DWQ for this project and
that a 401 WQC has not been issued. A Pre-Construction Notification (application for the 401 WQC)j is
required to be submitted and approved by DWQ prior to the above-mentioned placement of earthen
fill/culverts impacting streams and wetlands pursuant to 15A NCAC 2H .0500.
Item IV. Neuse River Riparian Buffer Violations
The Buffer Rules apply to riparian buffers directly adjacent to surface waters in the Neuse River Basin
(intermittent streams, perennial streams, lakes, ponds and estuaries). The protected buffer extends 50-feet
landward from the landward edge of coastal marsh (as identified by the Division of Coastal Management)
or from the top of bank of any feature shown as surface waters on either a paper copy of the soil survey
maps prepared by the Natural Resource Conservation Service of the U.S. Department of Agriculture or
the most recent version of the 1:24000 scale quadrangle topographic maps prepared by the U.S.
Geological Survey. The protected riparian buffer has two zones: Zone 1 consists of a vegetated area that
is undisturbed except for uses provided for in Item (6) of this Rule (Title 15A NCAC 02B .0233); Zone 2
shall consists of a stable, vegetated area that is undisturbed except for activities and uses provided for in
Item (6) of this Rule (Title 15A NCAC 02B .0233). The purpose of these rules is to protect and preserve
riparian buffers in the Neuse River Basin to maintain the nutrient removal functions of these streamside
areas necessary to protect surface waters.
15A NCAC 02B .0233 (4)
Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except for those uses
provided for in Item (6) of this Rule.
Requested Response
You are directed to respond to this letter in writing to DWQ at the address provided below within 30
days of receipt.
Construction Stormwater General Permit (NCGO 10000) Requirements -
a. You must identify all locations and remove sediment from outside the limits of
disturbance and stabilize the impacted soil with ground cover.
b. Please explain why no rainfall data records or erosion control BMP and stormwater
discharge outfall monitoring records are being kept for this project.
c. Please explain why the deposition of sediment in the wetlands was not reported to DWQ.
d. Explain in your response when you anticipate being in full compliance with your Erosion
and Sedimentation Control Plan.
2. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional
water features (e.g. streams, wetlands, and buffers) along the entire project corridor. This
documentation should describe and quantify all the impacts (identified by DWQ and any
Poole Road Water Transmission Line
March 23, 2010
Page 5
additional impacts documented by the Permittee) to those jurisdictional features and should
include plans to avoid further stream, wetland, and buffer impacts on the site.
Wetland Restoration Plan (sediment removal) - Sediment impacts to the wetlands must be
removed. As a part of this plan, you should provide the amount (depth) of material that has been
deposited in the wetland. This information should be depicted on a map you provide. It is
recommended that you use hand labor (buckets, shovels and wheelbarrows) to remove deposited
sediment from the wetland. The sediment should be removed from the wetland, taken to high
ground away from the wetland and stabilized. Also, the plan must address the measures that will
be used for temporary stabilization/sediment control while this work is under way. An
herbaceous wetland seed mix should be distributed over the wetland area that was disturbed.
4. Wetland/Stream Restoration Plan (earthen fill/pipe removal) - You must submit a plan for DWQ
approval to include the removal of earthen fill in the wetlands and pipes in the stream. If you
wish for these impacts to remain in place you should contact the US Army Corps of Engineers to
determine what 404 permit is required and you must apply for the corresponding 401 WQC.
Please note that all impacts may not be necessary and may not be permitted by DWQ. You will
need to show how you are avoiding and minimizing impacts to Waters of the State.
Buffer Restoration Plan - You must either restore the buffer adjacent to Lake Myra or you must
apply for/modify your Buffer Authorization in order to allow for the impacts to remain in place.
If you wish to apply for a modification you need to include all impacts that will or have occurred
within the buffer for the entire project. This application should only include impacts that would
require DWQ approval. Please note that all impacts may not be approved by DWQ even though
they already remain in place. If you wish to or are required by DWQ to restore these areas then
you will have to submit a buffer restoration plan to this office for review and approval. This plan
must be developed to ensure that at least two native tree species are planted at a density sufficient
to provide 320 trees/acre at maturity. This density is usually achieved by planting approximately
436 trees/acre on a 10 ft. x 10 ft. grid or 681 trees/acre on a 8 ft. x 8 ft. grid. Please see the
Guidelines for Riparian Buffer Restoration (October 2004) for assistance in developing your plan
(available on the web at: http://www.nceep.net/news/reportsibuffers.pdo. This plan must include
the types of native woody vegetation selected, methodology of planting, and a site map indicating
the location of the replanting efforts.
6. Please indicate in your response a detailed schedule with dates explaining when the restoration
will be accomplished. This schedule should.include a three-year monitoring plan to ensure that
the wetlands, streams, and buffers are restored.
Submit Requested Items To:
Lauren Witherspoon
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Thank you for your attention to this matter. This office requires that the violations, as described above,
be properly resolved. These violations and any future violations are subject to a civil penalty assessment
of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,
Poole Road Water Transmission Line
March 23, 2010
Page 6
contact Lauren Witherspoon at [phone].
Sincerely,
Danny Smith
Regional Supervisor
Surface Water Protection Section
cc: Raleigh RO - Water Quality
Raleigh RO - Land Quality (Joe Dupree)
John Hennessy, NPS Assistance and Compliance Oversight Unit
Ian McMillan, 401 Wetlands Permitting Unit, 1650 MSC, Raleigh, NC 27604
USACE Raleigh Regulatory Field Office
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_ _ . , ; t / ~ V ~ - S v - - - ~ ~ . ~ , , 9863, e -sF CTILE IRON t 96•
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i ~ 1 ~ Y GER, JOHN. A Ih HEI~~~S ~ V ~ L ~ ~ TATION 28 84 CITY STANDARQ_ a.RE ` ~ ~ HYDRAN ~,~w,-.1~,~~~ oc-r'n i ~ ~ 1 ~ t ' ~ C 0 CN LES MARTIN YEAGER NCO- EC, ~ ~ ~ STANDAR~_ a.RE ~ ~ ~ X39'
i ~ . ~ PIN= 1762997008 ~ ~ ~ ~ _ - na ~ ' _`.-----~---u~:~ ~ ~ Q ~ 1 f
~ ~ t. STATE` FILE :637, ;0-E=, ~ ~ r ~ _v ~r ~ p rr
~ f ~ t ~ ~ ~ - ~ _r, t i E , ~ ~ ~ ~ ; _ _ o - _ ,f ,,y - 1N~' CARP, ROBERT G & JACQUELINE E. ~
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3 1 1 ! - ~ ~ ~ / TNLE _ - r---~" ..ENV,-2055 ~ ? ~ ~ PIN: 1113401196
- ~ ~ ~ ` DEPTiON, GEORGE & KA ~EN~~E . ~ Pal: 176298789 10 10 ~a X03.80 _ ~ ' , D:B. 2483, P~: ,465 _
7.~ i ~ f ~ D.B. 1758; PG, 87 JONES,
~ ' ~ f I r~~;';~ ~ ~ ~ THOMAS. THOMAS, WILLIAM,.L1~~ HURBERT C _ \ _ . ~JONES;~ BRE~lOA~E. _ ~ ~ -~SHARONf"LYNN, ,w.
~ ~ ~ ~ t 'b 1 ~ ~ PIN:1 PIN: 1762999837 PIN: 1712090972 - - - ~ ~ _
c ~ Il` D.B. 4f I, ` D.B. 4807, PG. 34~ °l. m, D.BFn $374; PG:-..227' _ . _ ' \ ~
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U DRAWN DATE PROJECT MANAGER DEPARTMENT MANAGER
N c Z , O ~ ~ 1 ~ ~i r ~'a~l _ R. KOONCE 31 AUG 2006 W. WHEELER R. WYCHE
I~ ~ ~ " ~J~ Itii ~ ~
O ti, - C (7 ~ _ &.u ~ ;e ®q ° ~ $ S ! U LEAD DESIGN PROF. CHECKED
w C ~ ~ o in n ' ~ ' ~ ~ ~~r PLAN AND PROFILE N. JOHNSON W. WHEELER , ! ;;,;,,~r
G & M of North Carol a, I c. F„ ~
> z ~ WWW.ARCADIS-US.COM , ~ a : E , ~ ® STA 274+80 TO STA 286+00 PROJECT NUMBER DRAWING NUMBER
~ N A AUG 2008 ISSUED FOR 81DS co a ~ 0 601 Corporate Center Drive, Suite 300 - i ei ~
° Ralei h NC 27607-5073 N 9 , NC705008.0000
REV DATE REVISION DESCRIPTION ~ Tel: [phone] Faz: 919/854-5448 l ~ h, roll ~~a~ ~ ~ 230
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