20091105 Ver 1_More Info Received_20091022

HAZEN AND SAWYER
Environmental Engineers & Scientists
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October 22, 2009 cy
Ms. Cyndi Karoly ?A I
N.C. Department of Environment and Natural Resources
Division of Water Quality - 401 Oversight/Express Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699
Re: Big Buffalo Creek Wastewater Treatment Plant
12 MGD Expansion Project
City of Sanford, North Carolina
DWQ Project # 09-1105
401 Water Quality Certification Application
Response to Additional Information Requested
Dear Ms. Karoly:
This letter is to request review of the above referenced Water Quality Certification Application
for the City of Sanford based on Stream Mitigation rules applicable through October 15,
2009. We acknowledge the application should have been received via mail by DWQ for
review on October 15, 2009 but was instead hand delivered on the morning of October 16,
2009. We would nonetheless request DWQ proceed with review of the 401 Water Quality
Certification per the policy in place prior to October 16, 2009.
Please note the $240 application fee originally submitted was based on a field determination
by U.S. Army Corps of Engineers, during a site visit on September 16, 2009, of the
significance and importance of perennial and intermittent streams in the area proposed for
the Treatment Plant Improvements. The Corps findings are summarized in a memorandum
which can be found in Appendix B of the application package. Based on the determination
by the Corps, the 213 feet of intermittent stream was found to be unimportant, and was
understood not to count towards the 150 foot mitigation limit. Hazen and Sawyer therefore
proceeded with the preparation of the 401 Water Quality Certification Application with the
intent of receiving a Nationwide Permit (39). Please accept the check (Check No. 9685,
enclosed herein) for review of $240 based on the proposed impacts and note a check for an
additional $330 (Check No. 9686) was submitted to your office on October 19, 2009 to cover
the additional permit fee if required.
Hazen and Sawyer was aware that the policy for review of this application was going to
change, and prepared the application with the intent of submitting before the new policy was
effective. We understand the new policy is intended to protect the propagation of aquatic
life. Towards this point, we hope for consideration of the findings of our biologist and the
USACE that the intermittent stream is "unimportant in terms of aquatic life." The full findings
of the field determination can be found in the memorandum noted above.
New York, NY • Philadelphia, PA • Raleigh, NC • Charlotte, NC • Greensboro, NC • Charleston, SC • Atlanta, GA • Fairfax, VA • Hampton Roads, VA • Baltimore, MD • Cincinnati, OH • Hollywood, FL • Boca Raton, FL • Miami, FL
HUEN AND SAWYER
Ms. Cyndi Karoly
October 22, 2009
Page 2
There is concern that if the new policy applies to the review of the above application an
Individual Permit may be required which would delay the construction of the proposed
Treatment Plant improvements by a year or more. The proposed improvements have been
mandated by the State to improve the water quality of the Deep and Cape Fear Rivers by
improving plant performance primarily by achieving reductions of effluent nutrients to low
limits. If DWQ has questions regarding the application, Hazen and Sawyer would like the
opportunity to meet with DWQ to review concerns and minimize any potential delay in the
construction of the Treatment Plant improvements.
Please call me if you would like to discuss this further, or if you would like to schedule a
meeting to review. Thank you for consideration of this request to review the above
application based on the Stream Mitigation Rules applicable through October 15, 2009.
Very truly yours,
HAZEN AND SAWYER, P.C.
? - VAd )guo?
L. Michael Santowasso, P.E.
Senior Associate
LMS/bpr
Enclosures
cc: Ian McMillan - DWQ 401 Oversight/Express Permitting Unit
Victor Czar, Public Works Director, City of Sanford
James A. Cramer, VP Hazen and Sawyer
File
Karoly_Letter_DW Q_ 10-22-09.docx