20070433 Ver 2_Inspection_20091105

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 5, 2009
CERTIFIED MAIL #7008 1140 0002 6738 5952
RETURN RECEIPT REQUESTED
City of Raleigh
Public Utilities Department
Attn: Mr. Aaron B. Brower, PE
One Exchange Plaza, Room 620
Raleigh, NC 27601
CERTIFIED MAIL #7008 1140 0002 6738 5969
RETURN RECEIPT REQUESTED
J. Russell Allen
City Manager
City of Raleigh
222 West Hargett Street
Raleigh, NC 27601
Subject: Neuse River Pump Station Force Main
Wake County
Dear Mr. Brower and Mr. Allen:
On October 22, 2009, Aaron Brower from the City of Raleigh notified the Raleigh Regional Office (RRO) of the
Division of Water Quality (DWQ) of a problem at a City site where the contractor left while installing a force
main crossing Crabtree Creek.
On October 23, 2009, Natalie Landry from the RRO conducted a site inspection for the tract/project known as the
Neuse River Pump Station Force Main located on Anderson Point Drive, in Wake County, North Carolina. The
stream on the site is Crabtree Creek, Class C, Nutrient Sensitive Waters (NSW), in the Neuse River Basin.
The Division of Land Resources issued a Letter of Approval for the Erosion and Sedimentation Control Plan on
January 30, 2006 for the Subject project to the City of Raleigh. A stormwater general permit (NCG010000) is
issued upon the approval of an Erosion and Sedimentation Control Plan.
Mr. Joseph B. Meeks, Jr. of Hazen and Sawyer, PC submitted a Pre-Construction Notification (PCN) on or about
June 16, 2008 on behalf of the property owner, the City of Raleigh. DWQ issued an approval for the impacts on
or about June 25, 2008, DWQ Project# 07-0433, Ver. 2. The approved impacts include the placement of fill or
otherwise temporarily impact 101 linear feet of perennial streams and 2,504 ft2 of permanent, Zone 1 Neuse River
basin protected buffers and 1,670 square feet of permanent, Zone 2 Neuse River basin protected riparian buffers
to install the proposed force main.
DWQ observations during the site inspection show approximately 110 linear feet of sediment deposition in the
stream channel and the buffer on both sides of the channel have been destabilized beyond the allowable 40 feet by
approximately 20 additional feet, which is beyond the authorized impacts.
DWQ received a copy of the Land Quality Section Sedimentation Inspection Report, dated 10/22/2009, for the
Subject site. The Report cited the following violations: Failure to follow approved plans, failure to take all
reasonable measures and failure to maintain erosion control measures.
On October 29, 2009, DWQ received a letter from Hazen and Sawyer on behalf of the City of Raleigh with a plan
of action to resolve the erosion control, buffer and stream bank destabilization issues at the Subject site.
Temporary and permanent solutions were proposed. Hazen and Sawyer reported additional Neuse River basin
protected riparian buffer Zone 1 impacts as 6,345 sf and 912 sf in Zone 2.
One
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North Carolina Division of Water Quality Raleigh Regional Off Aatmra[L ff
Internet: www.ncwaterquality.org 1628 Mail Service Cent
1. bud-ace VVater Protction (9) 791 Cusomer er Raleigh, NC 27699e-1628 FAXn (9109) 788-7-1459200
877-623-6748 ice
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Neuse River Pump Station Force Main
November 5, 2009
Page 2
On October 29, 2009, DWQ gave the City of Raleigh verbal authorization to move forward with the temporary
stabilization of the banks in accordance with the plans submitted by Hazen and Sawyer. DWQ is currently
reviewing the proposed permanent solution and will respond with comments and/or approval to the City after the
appropriate 401 Oversight/Permitting Unit staff review the plan.
On November 2, 2009, the City of Raleigh reported via telephone that the force main installation was completed,
the temporary bank stabilization was finished and the sediment deposition was removed from Crabtree Creek.
Photos of the site were sent to DWQ via email.
On November 4, 2009, DWQ staff inspected the site and confirmed that the temporary stabilization of Class 2
riprap per detail in the submitted plan has stabilized the banks and the sediment deposition has been removed.
The disturbed soils have also been seeded and mulched.
DWQ expects the permanent restoration to be completed by June 30, 2010.
You are requested to respond to this letter in writing to DWQ at the address provided below.
Within 60 days of completion of the permanent restoration, provide DWQ RRO with text and photos describing
the restoration activities. Note that all Neuse River basin protected Zone 1 buffers must be restored 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
an 8 ft. x 8 ft. grid. Please see the Guidelines for Riparian Buffer Restoration (October 2004) for assistance
(available on the web at: htti)://www.nceep.net/news/rgports/buffers.pdf).
Submit Requested Items To
Natalie Landry
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, please contact
Natalie Landry at [phone].
DSince ely,
i /? Z Danny S
Regiona Supervisor
Surface Water Protection Section
cc: Raleigh RO - Water Quality
Raleigh RO-Land Quality (Joe Dupree)
Ian McMillan, 401 Wetlands Permitting Unit, 1650 MSC, Raleigh, NC 27604
Amy Chapman, 401 Wetlands Permitting Unit, 1650 MSC, Raleigh, NC 27604
Aaron Babson, Hazen & Sawyer, 4011 West Chase Blvd., Ste. 500, Raleigh, NC 27607