20052167 Ver 3_More Info Letter_20070716

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CERTIFIED MAIL #7006081000260494559
RETURN RECEIPT REQUESTED
Jeff Crisp
Crowley, Crisp & Associates, Inc.
1906 South Main Street, Suite 122
Wake Forest, NC 27587
July 16, 2007
Subject: Winston Ridge Subdivision
UT to Horse Creek
DWQ Project 2005-2167, Ver. 2
Franklin County, NC
Dear Mr. Crisp:
This letter is in response to the documents received June 18-19, 2007, from Keller Environmental, Mike
Ellington and Crowley, Crisp and Associates. The North Carolina Division of Water Quality (DWQ) has
reviewed these documents and has comments, which will be addressed below. Mike Horan, who served
as the DWQ contact for this project, has taken another position and has passed this project along to me,
Vicki Fuentes. I will now serve as the primary Raleigh Regional Office DWQ contact for the Winston
Ridge Subdivision project (Winston Ridge).
Our expectations for Winston Ridge are:
1) All violations noted in the DWQ 10/24/07 Notice of Violation (NOV) will be addressed and
remediated as specified. Any outstanding issues regarding erosion control measures must be addressed
directly to the Division of Land Quality. However, as we discussed, the resolution of some issues
governed by the Division of Land Quality may affect the Winston Ridge 401 Certification.
2) All impacts beyond what was authorized in the site's 401 Water Quality Certification must be restored
or the Certification will need to be modified, which may result in mitigation for the existing impacts that
exceed the approved limits. If you choose to pursue modification of the 401 Certification, you and/or
Denmark Construction Company are responsible for obtaining the appropriate modification.
3) It is my understanding from conversations with you and Mike Horan that you have begun some
remediation efforts at Winston Ridge. Due to this fact, and that the original Keller Environmental
restoration plan was submitted independently of the Crowley, Crisp and Associates Impacts Map,
resulting in some discrepancies between documents, I would ask that you submit a more representative
restoration plan that includes:
a) The current state of remediation/restoration efforts and why they were undertaken (NOV
directive? 401 compliance? verbal request? consultant recommendation? etc.). Please make
sure that each item addressed corresponds to the Crowley, Crisp and Associates Impact Map.
b) The restoration efforts yet to take place and why. Please make sure that each item addressed
corresponds to the Crowley, Crisp and Associates Impact Map.
Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
~~ phone [phone] Customer Service
facsimile [phone] 1-877-623-6748

Winston Ridge Subdivision
Page 2 of 3
7/16/2007
c) A schedule of when and what future restoration will take place (even if the "new" schedule is
unchanged from the previously submitted schedule, please include it with your submittal).
d) A comprehensive monitoring plan. Your monitoring plan should include the following:
1. The monitoring timeline must begin upon the completion of restoration plan. The
restoration monitoring frequency must occur at a minimum every three months, for a
three (3) year duration.
2. Clear and established monitoring station locations must be depicted in the plan to
insure consistency during field inspections.
3. Field inspection and written accounts must minimally include a determination of
whether the restored area has become unstable, if measures constructed as a part of
the restoration efforts have failed or are failing, and if planting efforts have failed or
are not surviving. This information must be available for DWQ review upon request
as well as provided to DWQ during the annual reporting requirements.
4. During each quarterly monitoring event, a determination of whether restored
wetlands have been stabilized. That is, it must be determined that rills, sloughing,
and erosion of the restored areas are not occurring. If these problems are
encountered, they must be documented by digital photographs, a written account of
the determination must be developed, and this information must be provided to DWQ
for review.
5. Monitoring-Triggered Repairs or Corrections. If monitoring efforts or DWQ
inspections confirm areas have become unstable, if measures constructed as a part of
the restoration efforts have failed or are failing, and if planting efforts have failed or
are not surviving, if restored areas including wetlands, or areas where spoil (earthen
fill) has been removed, Winston Ridge must undertake repairs or corrections
immediately (within 20 days of the observation or notification by DWQ). This shall
include replacement of dead trees with stock of the same species and size as the
original planting, as well as repair of all gullies, rills and other erosion features to
ensure diffuse flow through the buffer.
6. The report must describe each inspection, include digital photographs of each station,
the date of the inspection, and describe and date any repairs or corrections.
7. Monitoring Reports. For the period specified in item 1 above, Winston Ridge must
submit a written report (an account) annually, by June 1 of each year.
8. Within 60 days of the completion of the restoration plan, a written report must be
provide to DWQ detailing the result of the restoration efforts.
I also spoke with Lia Myott in the 401 unit. She was under the impression that work on the
extension of the pipe across Highway 96 had already begun? That was not my impression in my
conversations with you and in fact, no further work on that extension should take place until the
NOV has been resolved and you have received the proper authorization to complete the work.
Please note that you are not required to re-submit the requested items from the NOV that have
already been submitted (such as inspection reports and rain gauge data), other than what I have
requested in item c) above. We do require apoint-by-point response to the NOV that addresses
each violation. However, Keller Environmental has already submitted a response to the NOV, so
we would only require an amendment to the NOV if the response to the violations previously
addressed has changed or been modified in some way.
Raleigh Regional Office 1628 Mail Service Center ~~v~~,
Water Quality Section Raleigh, NC 27699-1628
phone [phone] Customer Service
facsimile [phone] 1-877-623-6748

Winston Ridge Subdivision
Page 3 of 3
7/16/2007
We ask that you respond to this request for additional information within 10 business days of
receipt of this letter.
Thank you for your attention to this matter. Please let me know if you have any questions
regarding this request for information.
Sincerely,
~.~L~`-'
Vicki Fuentes
Environmental Specialist
DWQ Surface Water Protection,
Raleigh Regional Office
cc: Matthew Winslow, Denmark Construction Company, Inc., 416 US Highway 1,
Suite B, Youngsville, NC 27596
Karyn Pageau, Land Quality, RRO
Lia Myott, DWQ Wetlands/Stormwater Branch, 232 Crabtree Blvd, Suite 250, Raleigh, NC 27605
NPS ACO Danny Smith, MSC 1617, Raleigh, NC 27699-1617
RRO/SWP File Copy
Central Files
Raleigh Regional Office 1628 Mail Service Center
Water Quality Section Raleigh, NC 27699-1628

phone [phone] Customer Service
facsimile [phone] 1-877-623-6748