19970985 Ver 1_Complete File_19980106

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
Action ID No. 19970029
Hazardous and Toxic Wa
Mr. Bill Bryant
Environmental, Health and
Safety Manager
Mallinckrodt Incorporated
8801 Capital Boulevard
Raleigh, North Carolina
Dear Mr. Bryant:
May 1999
e
i NatiO,.wide Permit

27616

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Reference is made to our letter of January 21, 1997, to
Ms. Vicky Will of Mallinckrodt Incorporated verifying the
utilization of Nationwide General Permit Number 38 to authorize
the discharge of fill material into waters of the United States,
including wetlands, impacting approximately 0.8 acre of wetlands
adjacent to the Neuse River. The proposed work provides for the
construction of a temporary earthen fill embankment to divert
stream flows away from a contaminated retention pond until
remediation efforts are completed. Special Condition 4 of this
authorization required the temporary diversion to be removed no
later than July 21, 1997. This date for total restoration was
later extended to July 16, 1999.
Reference is also made to your letter of May 5, 1999,
requesting a one year extension to remove the temporary fill
diversion structure. Levels of ammonia within the retention pond
remain above acceptable levels, and accordingly, remediation
efforts are not complete.
Special condition 4 of your Nationwide General Permit No. 38
authorization is hereby modified as follows:
4. The temporary diversion shall be removed immediately upon
completion of remediation efforts. This removal must be
completed no later than July 16, 1999.
y
It is understood that all other conditions of the original
verification remain applicable.
Questions or comments may be addressed to me at telephone
[phone], extension 22.
Sincerely,
S. Kenneth Jolly
Manager, Raleigh Regulatory
Field Office
Copies Furnished:
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Gary Birk, P.E.
S&ME, Inc.
3100 Spring Forest Road
Raleigh, North Carolina 27616
Mr. Mike Coughlin
Environmental Engineer
Wake County Community
Development Services
Post Office Box 550
Raleigh, North Carolina 27602
2
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Ms. Vicky Will
Mallinckrodt Chemical, Inc
8801 Capitol Blvd.
Raleigh, NC 27616
Dear Ms. Will:
AdftMdMbMM
D E
N R
January 6, 1998
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed spill containment measures
WQC Project #970985 COE #199820164
Wake County
Attached hereto is a copy of Certification No. 3172 issued to Mallinckrodt Chemical, Inc. dated January 5, 1998.
If we can be of further assistance, do not hesitate to contact us.
Attachments
970985.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
1 `John 0"
Mr. John Parker, Division of Coastal Management
Central Files
Gary Birle; Soil and Mechanical Engineers
Sincerely,
r
ton How Jr. P.E.
Division of Water Quality • Environmental Sciences Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
- I
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217
of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section
.0500 to place and retain fill material resulting in 0.91 acres of wetland impact in Wake County pursuant to an application filed
on the 11th day of December 1997 to retain spill containment measures at the Mallinckrodt plant site.
The application provides adequate assurance that the discharge of fill material into the waters of Neuse River in
conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter
set forth.
This approval is only valid for the purpose and design that you submitted in your application, as described in the Public
Notice or as modified below. If you change your project, you must notify us and you may be required to submit a revised
application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions
listed below. In addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion control, Coastal Storinwater, Non-discharge and Water Supply watershed
regulations.
Condition(s) of Certification:
1. Appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version
of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface
Mining Manual" (available from the Division of Land Resources in the DEHNR Regional or Central Offices) shall be
utilized to prevent excedances of the appropriate turbidity water quality standard (50 NTUs in all fresh water streams
and rivers not designated as trout waters; 25 NTUs in all lakes and reservoirs, and all saltwater classes; and 10 NTUs
2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade
restored after the Division of Land Resources has released the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the
concrete has hardened
4. Should waste or borrow sites be located in wetlands, compensatory mitigation is required since it is a direct impact
from road construction activities;
5. Should waste or borrow sites be located in wetlands, compensatory mitigation will berequired since it is a direct
impact from road construction activities;
6. DWQ shall be copied on stream restoration plans. Such plans will need written DWQ approval before additional fill
of wetlands or waters occur.
7. Mallinckrodt shall design and maintain the diversion berm around the pond as a temporary measure to be activated
only in the case of an additional spill. DWQ shall be copied on the design of these measures
8. Mallinckrodt shall take measures on-site to retain spills at the storage tank containment site. DWQ shall be copied
with the design of these measures.
Violations of any condition herein set forth shall result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made of the Federal 404
and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written request within sixty (60)
days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B
of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
27611-7447. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made,
this Certification shall be final and binding.
This the 5th day of January, 1998
DIVISION OF WATER QUALITY
A. Preston Howard, Jr. P.E.
WQC #3172
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James 8. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO: Mr. A. Preston Howard, P. E.
Director
Division of Water Quality
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
December 17, 1997
R1c??
sa-U 9Y
RECEIVED
DEC 1 9 1997
ENV1R0N4CyTAC8GIENCE8
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199820164 dated December
11, 1997 describing a proposed project by Mallinckrodt Chemical, Inc. is being circulated to
interested state agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by 1/9/98. If you have any questions regarding the proposed project, please contact me at 733-2293.
When appropriate, in-depth comments with supporting data is requested.
REPLY
This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, Raleigh, North Carolina 2761 1-7687 Telephone [phone]
An Equal opportunity Affirmative Action Employer 50% P=c/cled / 1 o% Post-consumer Pacer
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastai Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO: Mr. A. Preston Howard, P. E.
Director
Division of Water Quality
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
December 17, 1997
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199820164 dated December
11, 1997 describing a proposed project by Mallinckrodt Chemical, Inc. is being circulated to
interested state agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by 1/9/98. If you have any questions regarding the proposed project, please contact me at 733-2293.
When appropriate, in-depth comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, Raleigh, North Carolina 2761 1-7687 Te!eghone 919-722-222
An Equal opportunity Affirmative Action Employer So% Rec•/c!ed / tom Post-Consumer ricer
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199820164
December 11, 1997
PUBLIC NOTICE
MALLINCKRODT CHEMICAL, INCORPORATED, 8801 CAPITAL BOULEVARD,
RALEIGH, NORTH CAROLINA 27616, HAS APPLIED FOR A DEPARTMENT OF
THE ARMY PERMIT TO AUTHORIZE THE DISCHARGE OF DREDGED AND FILL
MATERIAL IMPACTING A TOTAL OF 0.91 ACRE OF WATERS OF THE UNITED
STATES, INCLUDING WETLANDS, TO PERMANENTLY RETAIN AN EXISTING
TEMPORARY DIVERSION BERM, TO CONSTRUCT ROAD CROSSINGS/SLUICE
GATES, AND TO EXCAVATE CONTAMINATED SEDIMENTS AT THEIR CHEMICAL
PLANT ADJACENT TO THE NEUSE RIVER, NORTH OF RALEIGH, IN WAKE
COUNTY, NORTH CAROLINA.
PROJECT BACKGROUND: A spill of ammonium sulfate occurred on
December 28, 1996, at the approximately 600-acre Mallinckrodt
chemical plant site on the west side of US 1, south of the Neuse
River, north of Raleigh, in Wake County, North Carolina. The
spilled material is a 7-0-0 fertilizer that is a solution of
approximately 35 percent ammonium sulfate in water. The spill
entered a tributary to an onsite 23.7 acre stormwater retention
pond in the Neuse River floodplain. Mallinckrodt initiated
clean-up operations with the following activities:
(1) Damming the tributary in segments to prevent further
migration of spilled materials into the stormwater pond.
(2) Modifying the stormwater pond's dam, emergency spillway and
inlet to retain the maximum amount of stormwater.
(3) Diverting a second tributary to the stormwater pond, around
the west end of the dam, by constructing a temporary berm and
channel at the upper end of the pond. This work, impacting 0.64
acre of wetlands, was done to reduce the drainage area of the
pond from 469 acres to 177 acres, and to reduce the amount of
stormwater to be treated. Authorization for this work under
Section 404 of the Clean Water Act by Nationwide General Permit
No. 38 was verified by the Corps of Engineers on January 21,
1997. The authorization currently requires the diversion to be
removed, and the wetlands restored, on or before July 16, 1999.
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(4) Pumping and treating the contaminated water from the dammed
stream segments and the modified stormwater pond. Treatment of
the contaminated water, which is on-going, consists of either
pumping to the onsite wastewater treatment plant for disposal, or
land-applying it to onsite hay fields under a temporary permit
from the North Carolina Division of Water Quality (NCDWQ).
Mallinckrodt is currently using both of these methods, at the
maximum permitted rate, to treat the water and expects the
treatment to be completed before January 21, 2000.
CURRENT PROPOSAL: The following description of the work is taken
from data provided by the applicant and from observations made
during onsite visits by a representative of the U.S. Army Corps
of Engineers. The proposal is separated into three distinct
projects.
Project 1: Mallinckrodt proposes to leave the diversion berm and
ditch as permanent structures, as well as retaining the
additional two feet of stormwater pond dam height. Approximately
1,780 cubic yards of clean fill material were discharged, using a
geotextile liner, for construction of the berm, impacting 0.60
acre of wetlands. The berm has a twenty foot top width, is
approximately 5 feet high with 2:1 side slopes, and is
approximately 750 feet long through the wetlands. The diversion
channel is approximately 40 feet long, 40 feet wide (0.04 acre)
and two feet deep. Approximately 200 cubic yards of riprap were
placed to stabilize the transition between the ditch and the
existing drainage. The impacted area is a permanently flooded,
marsh/forested area. The purpose of permanently leaving the
raised dam, berm and ditch is, in the event of a future
accidental release or spill, to provide Mallinckrodt improved
control over runoff through the pond, minimize risk of stormwater
pond overflow, and reduce the volume of water that will have to
be treated.
Project 2: Mallinckrodt proposes to use a pump to temporarily
de-water approximately 580 linear feet of three distinct segments
of the intermittent tributary where the spill occurred, and then
excavate contaminated sediment. The project area is
approximately eight feet wide and 0.11 acre in area. The
excavated material will then be land-applied to onsite hay
fields. Field monitoring of ammonium concentrations may be used
to determine the amount of material that will have to be removed.
After completion of the excavation, Mallinckrodt will discharge
clean fill material to reshape the streambed, and construct a
system of riffle and pool complexes. NCDWQ is currently
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r
reviewing Mallinckrodt's request
existing land-application permit
The purpose of the proposed work
sulfate concentrations that have
tributary.
for a modification to their
to allow the proposed activity.
is to remove additional ammonium
contaminated sediment in the
Project 3: Mallinckrodt proposes to construct two road crossings
of intermittent tributaries on their property. The drainage
structures for each of the crossings will include a sluice gate
that will remain open unless it needs to be shut to retain runoff
from upstream in the event of a future accidental release or
spill. A total of approximately 108 cubic yards of fill
material, impacting a total of 0.16 acre of stream, will be
discharged below the plane of ordinary high water, for
construction of the road crossings. The purpose of the proposed
work is to provide permanent access to portions of the
Mal linckrodt property, and to enhance their spill retention
capabilities.
Mallinckrodt will be providing information concerning
alternatives to the permanent fill of wetlands for the diversion
berm, prior to a permit decision. Mallinckrodt will also be
providing compensatory wetland mitigation for the unavoidable,
permanent impacts to wetlands resulting from the proposed work.
They are currently investigating options for wetland mitigation.
The State of North Carolina will review this public notice to
determine the need for the applicant to obtain any required State
authorization. No Department of the Army permit will be issued
until the coordinated State viewpoint on the proposal has been
received and reviewed by this agency, nor will a Department of
the Army permit be issued until the North Carolina Division of
Water Quality has determined the applicability of a Water Quality
Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b)
of the Clean Water Act (33 U.S.C. 1344). Any person may request,
in writing within the comment period specified in the notice,
that a public hearing be held to consider this application.
Requests for public hearing shall state, with particularity, the
reasons for holding a public hearing.
The District Engineer has consulted the latest published version
of the National Register of Historic Places for the presence or
absence of registered properties, or properties listed as being
eligible for inclusion therein, and this work site is not
registered property or property listed as being eligible for
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Y
inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the
District Engineer, and he is otherwise unaware of the presence of
such resources. Presently, unknown archeological, scientific,
prehistoric, or historical data may be lost or destroyed by work
under the requested permit.
The District Engineer is not aware, based on available
information, that the activity will affect species, or their
critical habitat, designated as endangered or threatened pursuant
to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an
evaluation of the probable impacts, including cumulative impacts,
of the proposed activity and its intended use on the public
interest. Evaluation of the probable impacts which the proposed
activity may have on the public interest requires a careful
weighing of all those factors which become relevant in each
particular case. The benefits which reasonably may be expected
to accrue from the proposal must be balanced against its
reasonably foreseeable detriments. The decision whether to
authorize a proposal, and if so the conditions under which it
will be allowed to occur, are therefore determined by the outcome
of the general balancing process. That decision should reflect
the national concern for both protection and utilization of
important resources. All factors which may be relevant to the
proposal must be considered including the cumulative effects
thereof. Among those are conservation, economics, aesthetics,
general environmental concerns, wetlands, cultural values, fish
and wildlife values, flood hazards, flood plain values, land use,
navigation, shore erosion and accretion, recreation, water supply
and conservation, water quality, energy needs, safety, food and
fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people.
For activities involving the placement of dredged or fill
materials in waters of the United States, a permit will be denied
if the discharge that would be authorized by such permit would
not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other
applicable guidelines or criteria, a permit will be granted
unless the District Engineer determines that it would be contrary
to the public interest.
The Corps of Engineers is soliciting comments from the public;
Federal, State, and local agencies and officials; Indian Tribes,
and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received
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i will be considered by the Corps of Engineers to determine whether
to issue, modify, condition, or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general
environmental effects, and the other public interest factors
listed above. Comments are used in preparation of an
Environmental Assessment and/or Environmental Impact Statement
pursuant to the National Environmental Policy Act. Comments are
also used to determine the need for a public hearing and to
determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the
Army permit will not be made until the North Carolina Division of
Water Quality (DWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act. The DWQ
considers whether or not the proposed activity will comply with
Sections 301, 302, 306, and 307 of the Clean Water Act. The
application and this public notice for the Department of the Army
permit serves as application to the DWQ for certification.
Additional information regarding the Clean Water Act
certification may be reviewed at the offices of the Environmental
Operations Section, North Carolina Division of Water Quality,
Salisbury Street, Archdale Building, Raleigh, North Carolina.
Copies of such materials will be furnished to any person
requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application
for Clean Water Act certification should do so in writing
delivered to the North Carolina DENR, Division of Water Quality
(NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27607,
on or before January 2, 1998, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined
above, will be received in this office, Attention: Mr. Eric
Alsmeyer, until 4:15 p.m., January 9, 1998, or telephone
919-876-8441, extension 23.
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Mallincrodt Chemical Inc,
- Under a NW 38 Mallincrodt filled 0,64 ac of a freshwater marsh in order to divert
water from an on site 23 ac pond. This was necessary to cleanup a spill of ammonium
sulfate which occurred from an overflow of a vertical storage tank, located at the
processing plant, This product traveled through a stormwater outfall into an
intermittent stream which then reached the 23 ac. pond. The above mentioned
diversion was put in place to route an unaffected stream away from the pond (469 ac
drainage basin). This was temporarily necessary to expedite clean up by reducing the
volume water received by the pond.
Mallincrodt wishes to leave the berm/diversion in the wetland in order to insure that if
future spills occur that control of water or the spill pathway will be easier to address.
The RRO recommends the following:
The pond and the subject wetland is providing valuable function with respect to
nutrient removal. It is this office's opinion that the stream that is currently routed
around the pond should be routed back into the pond. This may be accomplished by
simply opening a pathway in the berm with a velocity dissipator and a spreader device
in order to sheet flow water into the pond. Since the berm is now stable the RRO
recommends allowing the fill to remain with the following stipulations:
-The place for spill/slug containment is at the sources, not down slope in the stream,
pond, or wetland. The RRO recommends allowing fill provided that Mallincrodt
enhancelimproved storage tank containment at all of the subject ammonium sulfate SA,,,
storage tanks. (it is the RRO's understanding that Mallincrodt is planning to install
additional containment anyway - they should respond in writing discussing the
required additions.)
- Also, mallincrodt should consider flash board risers as method of routing the creek
back into the pond. That is, at several locations along the berm, divert water through
the berm through the use of flash board system (or some other similar device). This
management tool is often used in agricultural settings to enhance water quality. (Note:
This system should be designed such that water is not incidentally routed around the
pond during high flow.) The RRO recommends that Mallincrodt investigate this as a
possible way to route water into the pond. Specifically, they should address in writing
whether the system can be put in place, maintained, and managed to improve water
quality, without bypassing the pond during high flows. Also, it should be noted that the
Corp. is requiring mitigation for wetland impacts.
Proposed stream impacts - approximately 580 feet of stream will be pumped out and
excavated in order to remove sediment and residual ammonium sulfate. Mallincrodt Ot"
will reshape stream and construct riffle and pool complexes. The RRO concurs with
this activity. (Please require a stream restoration plan to be submitted- or is that the
Corps responsibility?)
Road crossings - during the site visit it was explained that the stream crossing will not
be installed. The additional containment will be addressed at the storage tank
location.
If you have question please call.
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-003
133 CFR 3251 Expires October 1996
Public reporting burden for this collection of information is estimated to average 6 hours per-rssponsa,inchhding the time for reviewing instructions:
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of hdortrwfiom. Send
.mments regarding this' is I estimate or any other aspect of this collection of information. including suggestions for reducing Department of Defense. W sIs
ashingtom Headgwrters Service Directorate of IrhforrrhationOperations and Reports, 1215 Jefferson Davis Highway. , Suite
1204, Arlington, VA 222024302: and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003). Washington. DC
20503. Please DO NO RETURN your to.. to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location at the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401. Sectiorh 10: 1413. Section 404. Principal Purpose: These laws require permits authorising activities in, or affecting.
navigable waters of the United States. the ditch of
material for the purpose of arge dredged or fill maternal into waters of the United States, and the transportation of dredged
for a permit. the Disdoswe: purpose DisdunWing closure it into ocean waters. Routine Uses:. Information provided on this form will be used in evalusakV the application
processed mar cane requested information is voluntary. If Information is not provided. however. the pem* application cannot be
pemuit be Issued,
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application is** sample drawings and hauuetionsl and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that Is not completed in full will be returned.
R
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
r
5. APPLICANT'S NAME S. AUTHORIZED AGENT'S NAME AND TITLE wgearrwernrprrad/
Mallinckrodt Chemical, Inc. S&ME, Inc. Attn: Gary M. Birk, P.E.
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
8801 Capital Boulevard 3100 Spring Forest Road
Raleigh, North Carolina 27616 Raleigh, North Carolina 27616 O?
7. APPLICANT'S PHONE . W AR A CODE 1 PH ON W AR A Q
a. Residence a. Residence
[phone]
b. Business [phone]
b. Business [phone]
11.
I hereby authorize, Gary M. Birk, P . E. to act in my behalf as my agent in the processing of this application and to
fumish, upon request, supplemental information in support of this permit application.
1t ' ' _ DIc 7/9
APPUCANT'S SIGNATURE DATE
NAME LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE h»e Uehrummial
Stormwater Pollution Prevention Upgrade Measures
13. NAME OF WATERBODY, IF KNOWN a#A9m= w
Waters adjacent to Neuse River
15. LOCATION OF PROJECT
Wake NC
COUNTY STATE
14. PROJECT STREET ADDRESS a.poka&w
8801 Capital Boulevard -
Raleigh, North Carolina 27616
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (an&umcriaw
17. DIRECTIONS TO THE SITE
From Raleigh, take U.S. Highway #1 (Capital Boulevard) north and turn left into the main
entrance to the plant. The entrance is approximately 2,100 feet north of the intersection
of Capital Boulevard and Durant Road.(see Figure 1 and 2).
ENG FUMM 4345 Fnh QQ ht ?rx srrr? ¦s¦ ??
Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
ATTACHMENT
(18) Nature of Activity (Description of project, include all features)
Project 1: A diversion berm and channel were constructed under Nation Wide Permit
38 (NWT 38), Action I.D. 19970029 across the upstream end of the
stormwater retention pond. By rerouting a portion of the upland drainage
area, the watershed area was reduced from approximately 469 acres to 177
acres (62 percent reduction) and, therefore, substantially reduced the
runoff volume to the stormwater retention pond. The construction
drawings for the diversion berm and ditch are included as Figures 2 and 3.
Project 2: Mallinckrodt will use a portable pump to remove pooled water in the
source stream and land-apply the recovered water. Several pumping
operations, starting at the upper end of the source stream and proceeding
downstream toward the stormwater retention pond are under
consideration.
Mallinckrodt will also excavate and on-site land-apply impacted sediments
and soils from select locations within the source stream (see Figure 4).
Field monitoring of ammonia concentration may be utilized to determine
the amount of soil removal.
Following the excavation of contaminated sediments, Mallinckrodt will
restore the streambed by returning clean earth to the streambed. The clean
earth will be configured to create a system of riffle and pool complexes in
the streambed and to enhance its colonization and use by flora and fauna
in the area.
Mallinckrodt land applies industrial residual solids produced by their
wastewater treatment plant under Non-Discharge Permit No. WQ0005537.
These surface applications occur on 172.65 permitted acres that are owned
by Mallinckrodt and are adjacent to their industrial facility. A permit
modification was submitted to the North Carolina Division of Water
Quality on August 7, 1997 to request the addition of the recovered water
and excavated soils and sediments to Permit No. WQ0005537 (see Item
25).
Project 3: To capture potential contaminants from a possible future accidental
release, Mallinckrodt is considering constructing two minor road crossings
(currently authorized under NWP14) across a small intermittent stream at
the facility (Figure 5). The minor road crossings will be culverted with an
operational sluice gate that will remain open at all times. The sluice gate
culvert will provide Mallinckrodt with the option of retaining runoff from
the upload drainage area if necessary.
Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
(19) Project Purpose (Describe the reason or purpose of the project)
Projects 1 and 2 are proposed to remediate areas that have been impacted by an
accidental release of a solution of approximately 35 percent ammonium sulfate (a 7-0-0
fertilizer registered with the North Carolina Department of Agriculture). Project 1 is
associated with reducing the volume of surface water entering the existing secondary
containment structure (stormwater retention pond). Project 2 is associated with
excavating impacted sediments and soils from selected areas in an intermittent stream
that discharges into the stormwater retention pond.
Project 3 is proposed to provide additional stormwater pollution prevention controls for
the facility. Sluice gate valves, or equivalent, will be installed at each minor road
crossing. The valves would remain in the open position. In the event of an accidental
release or spill at the facility, the valves would be closed to provide an emergency point
of interception.
(20) Reason(s) for Discharge
The discharge from Project 1 and 2 are associated with the ammonium sulfate spill
response actions. Project 3 is associated with proposed stormwater pollution prevention
upgrade measures for the facility.
(21) Types of Material Being Discharged and the Amount of Each Type in Cubic
Yards
Project 1 resulted in approximately 1,780 cubic yards of material affecting approximately
0.41 acres of water, with a diversion channel approximately 40 feet wide and
approximately 40 in length affecting 0.04 acres of jurisdictional water. Approximately
200 cubic yards of stone was placed in the diversion trench.
Project 2 consists of excavating ammonium sulfate impacted earth from approximately
580 linear feet of an intermittent stream. Following the excavation of contaminated
sediments, the applicant will restore the streambed by returning clean earth to the
streambed. The clean earth will be configured to create a system of riffle and pool
complexes in the streambed and to enhance its colonization and use by flora and fauna in
the area. This project will not result in a discharge of material.
Project 3 consists of the construction of two minor road crossings (currently authorized
under NWP 14) across a small intermittent stream at the facility. The minor road
crossings will be culverted with an operational sluice gate that will remain open at all
times. The sluice gate culvert will provide the applicant with the option of retaining
runoff from the upload drainage area if necessary.
It is estimated that approximately 108 cubic yards of fill material (54 cubic yards per
stream crossing) will be discharged below the plain of ordinary high water.
Approximately 1,750 cubic yards of fill material per stream crossing (3,500 cubic yards
Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
total) will be discharged above the plain of ordinary high water and within the wetland
boundaries of the stream. This will provide for a top of road elevation of approximately
230 feet mean sea level.
(22) Surface Area in Acres of Wetlands or Other Waters Filled
Project 1: The diversion berm and channel have resulted in impacts to approximately
0.44 acres of water of the United States (0.41 acres for the diversion berm
and 0.03 acres for the diversion trench).
Project 2: The excavation of the stream channel will result in impacts to
approximately 580 linear feet of a headwater stream with an average width
of 8 feet (approximately 0.11 acres).
Project 3: The two minor road crossings will result in impacts to approximately 0.16
acres of an intermittent streambed (0.08 acres per stream crossing).
(24) Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property
Adjoins the Waterbody
Property Located North of Stormwater Retention Pond and West of Neuse River
Gothic Corportaion
2200 West Main Street
Durham, North Carolina 27705
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Application for Department of the Army Permit
(33 CFR 325)
Mallinckrodt Chemical, Inc.
S&ME Project No. 1054-94-141 (2)
October 27, 1997
PROJECT INFORMATION SHEET
PERMITTEE NAME:
ADDRESS:
TELEPHONE NO.:
PROJECT LOCATION:
Mallinckrodt Chemical, Inc.
Attention: Ms. Vicky Will
8801 Capital Boulevard
Raleigh, North Carolina 27616
[phone]
The Mallinckrodt Raleigh Chemical Plant is located on U.S. Highway #1, north of
Raleigh in Wake County, North Carolina (see Figure 1). The active facility lies south of
the Neuse River. The entire facility occupies approximately 600 acres.
BACKGROUND:
An ammonium sulfate spill occurred on December 28, 1996 at Mallinckrodt located in
Raleigh, North Carolina. The spill entered a drainage ditch (herein referred to as the
"source stream") which feeds into an on-site stormwater retention pond (approximately
23.7 acres) that can ultimately discharge into the Neuse River. The ammonium sulfate
that was accidentally released and contained within the on-site stormwater retention pond
is a 7-0-0 fertilizer registered with the North Carolina Department of Agriculture as
MASL (Mallinckrodt Ammonium Sulfate Liquors). MASL is a solution of
approximately 35 percent ammonium sulfate in water.
Under normal operations, Mallinckrodt controls the discharge from the stormwater
retention pond through a gate valve [Stormwater Discharge Outfall (SDO) Number 3].
The outfall from the stormwater retention pond is permitted as SDO 3 in Permit Number
NCS000136 (See Figure 2).
Mallinckrodt initiated clean up operations by:
(1) Damming the source stream in segments to prevent further migration of released
materials into the stormwater retention pond,
(2) Blocking the drop inlet spillways at the stormwater retention pond and placing a
temporary berm across the emergency spillway to prevent a release from the
stormwater retention pond, and
(3) Vacuuming the streamwater from the dammed upstream segments and removing
stained soil and sediments from the streambed to remove contaminated materials
from the source stream.
Collected water was transported to the on-site wastewater treatment plant for disposal.
Water was also pumped from the stormwater retention pond to dammed upstream
Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
segments. This water was then land-applied to fields owned and maintained by
Mallinckrodt under a temporary permit issued by the North Carolina Department of
Environment and Natural Resources, Division of Water Quality (DWQ).
In addition, Mallinckrodt dammed a second stream to form a temporary impoundment at
a higher elevation in the fields into which water from the stormwater retention pond was
pumped prior to application onto the irrigation fields. This temporary pond has since
been discontinued.
Clean-up measures currently permitted and in progress for the waters contained in the
stormwater retention pond include discharging to the City of Raleigh POTW and
applying onto on-site fields managed for sludge application under permit WQ0005537.
Mallinckrodt is discharging waters to the City of Raleigh POTW at the permitted
maximum rate of 100 gallons per minute (gpm). Mallinckrodt has available 172.65 acres
for spray irrigation and is applying material at the permitted maximum rate.
HYDROLOGIC EVALUATION:
S&ME performed a hydrologic evaluation of the existing stormwater retention pond
drainage area. Based on available topographic information and soil survey maps of the
area, a drainage area of approximately 469 acres with an estimated Curve Number of 82
was established to estimate peak discharge and runoff depth for the design storm. Using
the SCS Curve Number Method for a 25-year 24-hour rainfall event, as outlined in the
North Carolina "Erosion and Sediment Control Planning and Design Manual," a peak
discharge in excess of 800 cubic feet per second with a runoff depth of 4.5 inches is
estimated for the entire stormwater retention pond drainage area.
Due to the magnitude of such a storm event, the stormwater retention pond area and
drainage area were evaluated to determine if rerouting a portion of the upland drainage
area could reduce the stormwater runoff volume to the stormwater retention pond. Based
on the results of our assessment, we concluded that constructing a temporary berm and
ditch across the upstream (west end of the main retention pond) would reduce the
watershed area to 177 acres (62 percent reduction) and, therefore, substantially reduce the
runoff volume to the stormwater retention pond. The construction of the diversion berm
was authorized under NWP 38 and construction drawings for the berm are included as
Figures 2 and 3.
PROJECT DESCRIPTION:
(1) Due to the water level in the pond occurring near the crescent of the berm at the
time of the accidental release, the berm was raised by an additional two feet with
compacted earth, adding 40 acre-feet of storage capacity (approximately 30 to 60
day storage for stormwater runoff).
Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
The drainage area was reduced in size by adding a diversion berm (authorized
under NWP38) and channeled around the existing pond as shown on Figure 3.
Allowing the diversion berm and channel to remain as permanent structures will:
1. Provide Mallinckrodt with improved control over the volume of runoff
occurring from the facility, especially during high volume precipitation
events.
2. Minimize the risk of the stormwater retention pond from overflowing during a
rainfall event.
3. Reduce the volume of surface water entering the stormwater retention pond
and, therefore, reduce the volume of ammonium sulfate impacted waters
discharged to the City of Raleigh POTW or spray applied onto on-site fields
managed for sludge application under permit WQ0005537.
4. Allow Mallinckrodt to remediate impacted sediments located east of the
diversion berm using alternating cycles of nitrification and denitrification.
Nitrification is the aerobic oxidation of ammonium to nitrite and ultimately to
nitrate. Denitrification is the anaerobic process of converting (reducing)
nitrate to nitrogen gas. Currently, Mallinckrodt is maintaining the water depth
in the stormwater retention pond at a shallow depth to promote nitrification
through oxygen transfer. When the rainy season begins, Mallinckrodt will
allow the stormwater retention pond to fill slightly. A depth of only a few
inches will promote anaerobic conditions in the sediments and rapid
denitrification should ensue. When the dry season returns during the winter,
the pond can again be de-watered to promote nitrification. The spring rains
can re-fill the stormwater retention pond and during the next summer it will
again be dewatered. There is no optimal number of aerobic/anaerobic cycles.
However, based on the general climatic conditions of the area, a regimen of
two aerobic and two anaerobic cycles is recommended and is likely to be
practical. Mallinckrodt will perform periodic monitoring of the sediments to
evaluate the effectiveness of this approach.
5. Reduce the size of the secondary containment structure and thus minimize the
volume of material to manage, should a future accidental release or spill occur
and be contained in the stormwater retention pond.
(2) After the initial remediation efforts had been completed within the source stream,
the appearance of water in the stream suggested that ammonium sulfate
discolored water and or sediments may still be present in some locations.
Subsequent monitoring concluded that concentrations in the source stream
samples appeared to be correlated to topographic conditions. Areas with narrow
stream channels and relatively fast-moving water had consistently low ammonia
concentrations near the bottom of the pool. Flatter areas with minimal stream
channels were typified by soft saturated fine-grained alluvial soils that contain
Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
abundant organic matter (muck soils). Ammonia concentrations tended to be
higher in these areas. As a result of this contamination, Mallinckrodt proposes to
excavate and on-site land-apply impacted sediments and soils from select
locations (see Figure 4). Field monitoring of ammonia concentration may be
utilized to determine the amount of soil removal.
Following the excavation of contaminated sediments, the applicant will restore
the streambed by returning clean earth to the streambed. The clean earth will be
configured to create a system of riffle and pool complexes in the streambed and to
enhance its colonization and use by flora and fauna in the area.
(3) To capture potential contaminants from a possible future accidental release,
Mallinckrodt is considering constructing two minor road crossings (currently
authorized under NWP14) across a small intermittent stream at the facility (Figure
5). The minor road crossings will be culverted with an operational sluice gate that
will remain open at all times. The sluice gate culvert will provide the applicant
with the option of retaining runoff from the upload drainage area if necessary.
PROPOSED IMPACTS
Project l: The diversion berm and channel have resulted in impacts to approximately
0.44 acres of water of the United States.
Project 2: The excavation of the stream channel will result in impacts to
approximately 580 linear feet of a headwater stream with an average width
of 8 feet (approximately 0.11 acres).
Project 3: The two minor road crossings will result in impacts to approximately 0.16
acres of an intermittent streambed.
S8ilYe
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Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
Note: To comply with US Army Corps of Engineers,
Wilmington District, Raleigh Regulatory Branch
maximum size requirements for figures, Figures 2
through 5 were reduced by 64 percent.
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MALLINCKRODT CHEMICAL, INC. Scale:
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DEPARTMENT OF THE ARM EFC,1L! ^}!
Wilmington District, Corps of eers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199820164
PUBLIC NOTICE
December 11, 1997
MALLINCKRODT CHEMICAL, INCORPORATED, 8801 CAPITAL BOULEVARD,
RALEIGH, NORTH CAROLINA 27616, HAS APPLIED FOR A DEPARTMENT OF
THE ARMY PERMIT TO AUTHORIZE THE DISCHARGE OF DREDGED AND FILL
MATERIAL IMPACTING A TOTAL OF 0.91 ACRE OF WATERS OF THE UNITED
STATES,-INCLUDING WETLANDS, TO PERMANENTLY RETAIN AN EXISTING
TEMPORARY DIVERSION BERM, TO CONSTRUCT ROAD CROSSINGS/SLUICE
GATES, AND TO EXCAVATE CONTAMINATED SEDIMENTS AT THEIR CHEMICAL
PLANT ADJACENT TO THE NEUSE RIVER, NORTH OF RALEIGH, IN WAKE
COUNTY, NORTH CAROLINA.
PROJECT BACKGROUND: A spill of ammonium sulfate occurred on
December 28, 1996, at the approximately 600-acre Mallinckrodt
chemical plant site on the west side of US 1, south of the Neuse
River, north of Raleigh, in Wake County, North Carolina. The
spilled material is a 7-0-0 fertilizer that is a solution of
approximately 35 percent ammonium sulfate in water. The spill
entered a tributary to an onsite 23.7 acre stormwater retention
pond in the Neuse River floodplain. Mallinckrodt initiated
clean-up operations with the following activities:
(1) Damming the tributary in segments to prevent further
migration of spilled materials into the stormwater pond.
(2) Modifying the stormwater pond's dam, emergency spillway and
inlet to retain the maximum amount of stormwater.
(3) Diverting a second tributary to the stormwater pond, around
the west end of the dam, by constructing a temporary berm and
channel at the upper end of the pond. This work, impacting 0.64
acre of wetlands, was done to reduce the drainage area of the
pond from 469 acres to 177 acres, and to reduce the amount of
stormwater to be treated. Authorization for this work under
Section 404 of the Clean Water Act by Nationwide General Permit
No. 38 was verified by the Corps of Engineers on January 21,
1997. The authorization currently requires the diversion to be
removed, and the wetlands restored, on or before July 16, 1999.
-1-
ah
(4) Pumping and treating the contaminated water from the dammed
stream segments and the modified stormwater pond. Treatment of
the contaminated water, which is on-going, consists of either
pumping to the onsite wastewater treatment plant for disposal, or
land-applying it to onsite hay fields under a temporary permit
from the North Carolina Division of Water Quality (NCDWQ).
Mallinckrodt is currently using both of these methods, at the
maximum permitted rate, to treat the water and expects the
treatment to be completed before January 21, 2000.
CURRENT PROPOSAL: The following description of the work is taken
from data provided by the applicant and from observations made
during onsite visits by a representative of the U.S. Army Corps
of Engineers. The proposal is separated into three distinct
projects.
Project 1: Mallinckrodt proposes to leave the diversion berm and
ditch as permanent structures, as well as retaining the
additional two feet of stormwater-pond dam height. Approximately
1,780 cubic yards of clean fill material were discharged, using a
geotextile liner, for construction of the berm, impacting 0.60
acre of wetlands. The berm has a twenty foot top width, is
approximately 5 feet high with 2:1 side slopes, and is
approximately 750 feet long through the wetlands. The diversion
channel is approximately 40 feet long, 40 feet wide (0.04 acre)
and two feet deep. Approximately 200 cubic yards of riprap were
placed to stabilize the transition between the ditch and the
existing drainage. The impacted area is a permanently flooded,
marsh/forested area. The purpose of permanently leaving the
raised dam, berm and ditch is, in the event of a future
accidental release or spill, to provide Mallinckrodt improved
control over runoff through the pond, minimize risk of stormwater
pond overflow, and reduce the volume of water that will have to
be treated.
Project 2: Mallinckrodt proposes to use a pump to temporarily
de-water approximately 580 linear feet of three distinct segments
of the intermittent tributary where the spill occurred, and then
excavate contaminated sediment. The project area is
approximately eight feet wide and 0.11 acre in area. The
excavated material will then be land-applied to onsite hay
fields. Field monitoring of ammonium concentrations may be used
to determine the amount of material that will have to be removed.
After completion of the excavation, Mallinckrodt will discharge
clean fill material to reshape the streambed, and construct a
system of riffle and pool complexes. NCDWQ is currently
-2-

reviewing Mallinckrodt's request
existing land-application permit
The purpose of the proposed work
sulfate concentrations that have
tributary.
for a modification to their
to allow the proposed activity.
is to remove additional ammonium
contaminated sediment in the
Project 3: Mallinckrodt proposes to construct two road crossings
of intermittent tributaries on their property. The drainage
structures for each of the crossings will include a sluice gate
that will remain open unless it needs to be shut to retain runoff
from upstream in the event of a future accidental release or
spill. A total of approximately 108 cubic yards of fill
material, impacting a total of 0.16 acre of stream, will be
discharged below the plane of ordinary high water, for
construction of the road crossings. The purpose of the proposed
work is to provide permanent access to portions of the
Mallinckrodt property, and to enhance their spill retention
capabilities.
Mallinckrodt will-be providing information concerning
alternatives to the permanent fill of wetlands for the diversion
berm, prior to a permit decision. Mallinckrodt will also be
providing compensatory wetland mitigation for the unavoidable,
permanent impacts to wetlands resulting from the proposed work.
They are currently investigating options for wetland mitigation.
The State of North Carolina will review this public notice to
determine the need for the applicant to obtain any required State
authorization. No Department of the Army permit will be issued
until the coordinated State viewpoint on the proposal has been
received and reviewed by this agency, nor will a Department of
the Army permit be issued until the North Carolina Division of
Water Quality has determined the applicability of a Water Quality
Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b)
of the Clean Water Act (33 U.S.C. 1344). Any person may request,
in writing within the comment period specified in the notice,
that a public hearing be held to consider this application.
Requests for public hearing shall state, with particularity, the
reasons for holding a public hearing.
The District Engineer has consulted the latest published version
of the National Register of Historic Places for the presence or
absence of registered properties, or properties listed as being
eligible for inclusion therein, and this work site is not
registered property or property listed as being eligible for
-3-

inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the
District Engineer, and he is otherwise unaware of the presence of
such resources. Presently, unknown archeological, scientific,
prehistoric, or historical data may be lost or destroyed by work
under the requested permit.
The District Engineer is not aware, based on available
information, that the activity will affect species, or their
critical habitat, designated as endangered or threatened pursuant
to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an
evaluation of the probable impacts, including cumulative impacts,
of the proposed activity and its intended use on the public
interest. Evaluation of the probable impacts which the proposed
activity may have on the public interest requires a careful
weighing of all those factors which become relevant in each
particular case. The benefits which reasonably may be expected
to accrue from the proposal must be balanced against its
reasonably foreseeable detriments. The decision whether to
authorize a proposal, and if so the conditions under which it
will be allowed to occur, are therefore determined by the outcome
of the general balancing process. That decision should reflect
the national concern for both protection and utilization of
important resources. All factors which may be relevant to the
proposal must be considered including the cumulative effects
thereof. Among those are conservation, economics, aesthetics,
general environmental concerns, wetlands, cultural values, fish
and wildlife values, flood hazards, flood plain values, land use,
navigation, shore erosion and accretion, recreation, water supply
and conservation, water quality, energy needs, safety, food and
fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people.
For activities involving the placement of dredged or fill
materials in waters of the United States, a permit will be denied
if the discharge that would be authorized by such permit would
not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other
applicable guidelines or criteria, a permit will be granted
unless the District Engineer determines that it would be contrary
to the public interest.
The Corps of Engineers is soliciting comments from the public;
Federal, State, and local agencies and officials; Indian Tribes,
and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received
-4-

will be considered by the Corps of Engineers to determine whether
to issue, modify, condition, or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general
environmental effects, and the other public interest factors
listed above. Comments are used in preparation of an
Environmental Assessment and/or Environmental Impact Statement
pursuant to the National Environmental Policy Act. Comments are
also used to determine the need for a public hearing and to
determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the
Army permit will not be made until the North Carolina Division of
Water Quality (DWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act. The DWQ
considers whether or not the proposed activity will comply with
Sections 301, 302, 306, and 307 of the Clean Water Act. The
application and this public notice for the Department of the Army
permit serves as application to the DWQ for certification.
Additional information regarding the Clean Water Act
certification may be reviewed at the offices of the Environmental
Operations Section, North Carolina Division of Water Quality,
Salisbury Street, Archdale Building, Raleigh, North Carolina.
Copies of such materials will be furnished to any person
requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application
for Clean Water Act certification should do so in writing
delivered to the North Carolina DENR, Division of Water Quality
(NCDWQ), 4401 Reedy Creek Road, Raleigh, North Carolina 27607,
on or before January 2, 1998, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined
above, will be received in this office, Attention: Mr. Eric
Alsmeyer, until 4:15 p.m., January 9,- 1998, or telephone
919-876-8441, extension 23.
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APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
f33 CFR 3251
a 4 t: ??- ?X
OMB APPROVAL NO. 0710-003
Expires October 1996
Public reporting burden for this eodection of information is estimated to avers" 6 hours per-response.-including the time for rwiewirq katrtretions,-
searching existing data sources. gathering and maintaining the data needed. and completing and reviewing the collection of britinrration. Sand
,mments regarding this bunion estimate or any other aspect of this collection of information, including suggestions for reduck* this burden, to
Department of Defense, Washington Headquarters Service Directorate of InfonnationOperstions and Reports, 1215 Jefferson Davis Highway, Suite
1204, Arlington, VA 22202.4302: and to the Office of Management and Budget, Paperwork Reduction Project 10710.00031. Weshingtom DC
20503. Pisa" DO NO RETURN your for.. to either of those addresses. Completed applications must be submitted to the District r.Igi r having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413. Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting,
navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged
material for the purpose of durnping it into Cason waters. Routine Uses: kdormation provided on this form will be used in evaluating the application
for a permit. Disclosure: Disdoasre of requested Information is voluntary. If brforrnadon is not provided, however, the permit gWkstion cannot be
processed nor can a Pwm2 be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
apPlication is" sample drawings and instructions) and be submitted to the District Engineer having judadiietion over the location of due proposed
activity. An application that is not completed in full will be returned.
R T
1. APPLICATION 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED

5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME
Mallinckrodt Chemical, Inc. S&ME, Inc. A n: Gary M. Birk, P .E
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
8801 Capital Boulevard 3100 Spring Forest Road
Raleigh, North Carolina 27616 Raleigh, North Carolina 27616

7. APP I A T' PHONE . W AR A CODE 1 AGENT'S PHONE-NOS, WAR A CODE
a. Residence a. Residence
[phone] ?
?
;
b. Business [phone] b. Business
[phone] °?
tt.
ATEME
NT OF
AUTHORIZATION
hereby authorize,
W, J
Gary M. Birk, P.E. to act in my behalf as my agent in the proce this eppGc#Yrbn endtfr°
fumish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE tsae:uu„caorrm
Stormwater Pollution Prevention Upgrade Measures
13. NAME OF WATERBODY, IF KNOWN wsAwcow .14. PROJECT STREET ADDRESS r- a pm aw
Waters adjacent to Neuse River
15. LOCATION OF PROJECT
Wake NC
COUNTY STATE
8801 Capital Boulevard
Raleigh, North Carolina 27616
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, ime n owticaw
17. DIRECTIONS TO THE SITE
From Raleigh, take U.S. Highway #1 (Capital Boulevard) north and turn left into the main
entrance to the plant. The entrance is approximately 2,100 feet north of the intersection
of Capital Boulevard and Durant Road.(see Figure 1 and 2).
ENG FO •,aya Leo •,4 4 Jt J?>?lJrl Jt ?'4 'AT!!?

Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
ATTACHMENT
(18) Nature of Activity (Description of project, include all features)
Project 1: A diversion berm and channel were constructed under Nation Wide Permit
38 (NWP 38), Action I.D. 19970029 across the upstream end of the
stormwater retention pond. By rerouting a portion of the upland drainage
area, the watershed area was reduced from approximately 469 acres to 177
acres (62 percent reduction) and, therefore, substantially reduced the
runoff volume to the stormwater retention pond. The construction
drawings for the diversion berm and ditch are included as Figures 2 and 3.
Project 2: Mallinckrodt will use a portable pump to remove pooled water in the
source stream and land-apply the recovered water. Several pumping
operations, starting at the upper end of the source stream and proceeding
downstream toward the stormwater retention pond are under
consideration.
Mallinckrodt will also excavate and on-site land-apply impacted sediments
and soils from select locations within the source stream (see Figure 4).
Field monitoring of ammonia concentration may be utilized to determine
the amount of soil removal.
Following the excavation of contaminated sediments, Mallinckrodt will
restore the streambed by returning clean earth to the streambed. The clean
earth will be configured to create a system of riffle and pool complexes in
the streambed and to enhance its colonization and use by flora and fauna
in the area.
Mallinckrodt land applies industrial residual solids produced by their
wastewater treatment plant under Non-Discharge Permit No. WQ0005537.
These surface applications occur on 172.65 permitted acres that are owned
by Mallinckrodt and are adjacent to their industrial facility. A permit
modification was submitted to the North Carolina Division of Water
Quality on August 7, 1997 to request the addition of the recovered water
and excavated soils and sediments to Permit No. WQ0005537 (see Item
25).
Project 3: To capture potential contaminants from a possible future accidental
release, Mallinckrodt is considering constructing two minor road crossings
(currently authorized under NWP14) across a small intermittent stream at
the facility (Figure 5). The minor road crossings will be culverted with an
operational sluice gate that will remain open at all times. The sluice gate
culvert will provide Mallinckrodt with the option of retaining runoff from
the upload drainage area if necessary.
Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
(19) Project Purpose (Describe the reason or purpose of the project)
Projects 1 and 2 are proposed to remediate areas that have been impacted by an
accidental release of a solution of approximately 35 percent ammonium sulfate (a 7-0-0
fertilizer registered with the North Carolina Department of Agriculture). Project 1 is
associated with reducing the volume of surface water entering the existing secondary
containment structure (stormwater retention pond). Project 2 is associated with
excavating impacted sediments and soils from selected areas in an intermittent stream
that discharges into the stormwater retention pond.
Project 3 is proposed to provide additional stormwater pollution prevention controls for
the facility. Sluice gate valves, or equivalent, will be installed at each minor road
crossing. The valves would remain in the open position. In the event of an accidental
release or spill at the facility, the valves would be closed to provide an emergency point
of interception.
(20) Reason(s) for Discharge
The discharge from Project 1 and 2 are associated with the ammonium sulfate spill
response actions. Project 3 is associated with proposed stormwater pollution prevention
upgrade measures for the facility.
(21) Types of Material Being Discharged and the Amount of Each Type in Cubic
Yards
Project 1 resulted in approximately 1,780 cubic yards of material affecting approximately
0.41 acres of water, with a diversion channel approximately 40 feet wide and
approximately 40 in length affecting 0.04 acres of jurisdictional water. Approximately
200 cubic yards of stone was placed in the diversion trench.
Project 2 consists of excavating ammonium sulfate impacted earth from approximately
580 linear feet of an intermittent stream. Following the excavation of contaminated
sediments, the applicant will restore the streambed by returning clean earth to the
streambed. The clean earth will be configured to create a system of riffle and pool
complexes in the streambed and to enhance its colonization and use by flora and fauna in
the area. This project will not result in a discharge of material.
Project 3 consists of the construction of two minor road crossings (currently authorized
under NWP14) across a small intermittent stream at the facility. The minor road
crossings will be culverted with an operational sluice gate that will remain open at all
times. The sluice gate culvert will provide the applicant with the option of retaining
runoff from the upload drainage area if necessary.
It is estimated that approximately 108 cubic yards of fill material (54 cubic yards per
stream crossing) will be discharged below the plain of ordinary high water.
Approximately 1,750 cubic yards of fill material per stream crossing (3,500 cubic yards
Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
total) will be discharged above the plain of ordinary high water and within the wetland
boundaries of the stream. This will provide for a top of road elevation of approximately
230 feet mean sea level.
(22) Surface Area in Acres of Wetlands or Other Waters Filled
Project 1: The diversion berm and channel have resulted in impacts to approximately
0.44 acres of water of the United States (0.41 acres for the diversion berm
and 0.03 acres for the diversion trench).
Project 2: The excavation of the stream channel will result in impacts to
approximately 580 linear feet of a headwater stream with an average width
of 8 feet (approximately 0.11 acres).
Project 3: The two minor road crossings will result in impacts to approximately 0.16
acres of an intermittent streambed (0.08 acres per stream crossing).
(24) Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property
Adjoins the Waterbody
Property Located North of Stormwater Retention Pond and West of Neuse River
Gothic Corportaion
2200 West Main Street
Durham, North Carolina 27705
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Application for Department of the Army Permit
(33 CFR 325)
Mallinckrodt Chemical, Inc.
S&ME Project No. 1054-94-141 (2)
October 27, 1997
PROJECT INFORMATION SHEET
PERMITTEE NAME:
ADDRESS:
TELEPHONE NO.:
PROJECT LOCATION:
Mallinckrodt Chemical, Inc.
Attention: Ms. Vicky Will
8801 Capital Boulevard
Raleigh, North Carolina 27616
[phone]
The Mallinckrodt Raleigh Chemical Plant is located on U.S. Highway #1, north of
Raleigh in Wake County, North Carolina (see Figure 1). The active facility lies south of
the Neuse River. The entire facility occupies approximately 600 acres.
BACKGROUND:
An ammonium sulfate spill occurred on December 28, 1996 at Mallinckrodt located in
Raleigh, North Carolina. The spill entered a drainage ditch (herein referred to as the
"source stream") which feeds into an on-site stormwater retention pond (approximately
23.7 acres) that can ultimately discharge into the Neuse River. The ammonium sulfate
that was accidentally released and contained within the on-site stormwater retention pond
is a 7-0-0 fertilizer registered with the North Carolina Department of Agriculture as
MASL (Mallinckrodt Ammonium Sulfate Liquors). MASL is a solution of
approximately 35 percent ammonium sulfate in water.
Under normal operations, Mallinckrodt controls the discharge from the stormwater
retention pond through a gate valve [Stormwater Discharge Outfall (SDO) Number 31.
The outfall from the stormwater retention pond is permitted as SDO 3 in Permit Number
NCS000136 (See Figure 2).
Mallinckrodt initiated clean up operations by:
(1) Damming the source stream in segments to prevent further migration of released
materials into the stormwater retention pond,
(2) Blocking the drop inlet spillways at the stormwater retention pond and placing a
temporary berm across the emergency spillway to prevent a release from the
stormwater retention pond, and
(3) Vacuuming the streamwater from the dammed upstream segments and removing
stained soil and sediments from the streambed to remove contaminated materials
from the source stream.
Collected water was transported to the on-site wastewater treatment plant for disposal.
Water was also pumped from the stormwater retention pond to dammed upstream
Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
segments. This water was then land-applied to fields owned and maintained by
Mallinckrodt under a temporary permit issued by the North Carolina Department of
Environment and Natural Resources, Division of Water Quality (DWQ).
In addition, Mallinckrodt dammed a second stream to form a temporary impoundment at
a higher elevation in the fields into which water from the stormwater retention pond was
pumped prior to application onto the irrigation fields. This temporary pond has since
been discontinued.
Clean-up measures currently permitted and in progress for the waters contained in the
stormwater retention pond include discharging to the City of Raleigh POTW and
applying onto on-site fields managed for sludge application under permit WQ0005537.
Mallinckrodt is discharging waters to the City of Raleigh POTW at the permitted
maximum rate of 100 gallons per minute (gpm). Mallinckrodt has available 172.65 acres
for spray irrigation and is applying material at the permitted maximum rate.
HYDROLOGIC EVALUATION:
S&ME performed a hydrologic evaluation of the existing stormwater retention pond
drainage area. Based on available topographic information and soil survey maps of the
area, a drainage area of approximately 469 acres with an estimated Curve Number of 82
was established to estimate peak discharge and runoff depth for the design storm. Using
the SCS Curve Number Method for a 25-year 24-hour rainfall event, as outlined in the
North Carolina "Erosion and Sediment Control Planning and Design Manual," a peak
discharge in excess of 800 cubic feet per second with a runoff depth of 4.5 inches is
estimated for the entire stormwater retention pond drainage area.
Due to the magnitude of such a storm event, the stormwater retention pond area and
drainage area were evaluated to determine if rerouting a portion of the upland drainage
area could reduce the stormwater runoff volume to the stormwater retention pond. Based
on the results of our assessment, we concluded that constructing a temporary berm and
ditch across the upstream (west end of the main retention pond) would reduce the
watershed area to 177 acres (62 percent reduction) and, therefore, substantially reduce the
runoff volume to the stormwater retention pond. The construction of the diversion berm
was authorized under NWP 38 and construction drawings for the berm are included as
Figures 2 and 3.
PROJECT DESCRIPTION:
(1) Due to the water level in the pond occurring near the crescent of the berm at the
time of the accidental release, the berm was raised by an additional two feet with
compacted earth, adding 40 acre-feet of storage capacity (approximately 30 to 60
day storage for stormwater runoff).
Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
The drainage area was reduced in size by adding a diversion berm (authorized
under NWP38) and channeled around the existing pond as shown on Figure 3.
Allowing the diversion berm and channel to remain as permanent structures will:
1. Provide Mallinckrodt with improved control over the volume of runoff
occurring from the facility, especially during high volume precipitation
events.
2. Minimize the risk of the stormwater retention pond from overflowing during a
rainfall event.
3. Reduce the volume of surface water entering the stormwater retention pond
and, therefore, reduce the volume of ammonium sulfate impacted waters
discharged to the City of Raleigh POTW or spray applied onto on-site fields
managed for sludge application under permit WQ0005537.
4. Allow Mallinckrodt to remediate impacted sediments located east of the
diversion berm using alternating cycles of nitrification and denitrification.
Nitrification is the aerobic oxidation of ammonium to nitrite and ultimately to
nitrate. Denitrification is the anaerobic process of converting (reducing)
nitrate to nitrogen gas. Currently, Mallinckrodt is maintaining the water depth
in the stormwater retention pond at a shallow depth to promote nitrification
through oxygen transfer. When the rainy season begins, Mallinckrodt will
allow the stormwater retention pond to fill slightly. A depth of only a few
inches will promote anaerobic conditions in the sediments and rapid
denitrification should ensue. When the dry season returns during the winter,
the pond can again be de-watered to promote nitrification. The spring rains
can re-fill the stormwater retention pond and during the next summer it will
again be dewatered. There is no optimal number of aerobic/anaerobic cycles.
However, based on the general climatic conditions of the area, a regimen of
two aerobic and two anaerobic cycles is recommended and is likely to be
practical. Mallinckrodt will perform periodic monitoring of the sediments to
evaluate the effectiveness of this approach.
5. Reduce the size of the secondary containment structure and thus minimize the
volume of material to manage, should a future accidental release or spill occur
and be contained in the stormwater retention pond.
(2) After the initial remediation efforts had been completed within the source stream,
the appearance of water in the stream suggested that ammonium sulfate
discolored water and or sediments may still be present in some locations.
Subsequent monitoring concluded that concentrations in the source stream
samples appeared to be correlated to topographic conditions. Areas with narrow
stream channels and relatively fast-moving water had consistently low ammonia
concentrations near the bottom of the pool. Flatter areas with minimal stream
channels were typified by soft saturated fine-grained alluvial soils that contain
Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
abundant organic matter (muck soils). Ammonia concentrations tended to be
higher in these areas. As a result of this contamination, Mallinckrodt proposes to
excavate and on-site land-apply impacted sediments and soils from select
locations (see Figure 4). Field monitoring of ammonia concentration may be
utilized to determine the amount of soil removal.
Following the excavation of contaminated sediments, the applicant will restore
the streambed by returning clean earth to the streambed. The clean earth will be
configured to create a system of riffle and pool complexes in the streambed and to
enhance its colonization and use by flora and fauna in the area.
(3) To capture potential contaminants from a possible future accidental release,
Mallinckrodt is considering constructing two minor road crossings (currently
authorized under NWP14) across a small intermittent stream at the facility (Figure
5). The minor road crossings will be culverted with an operational sluice gate that
will remain open at all times. The sluice gate culvert will provide the applicant
with the option of retaining runoff from the upload drainage area if necessary.
PROPOSED IMPACTS
Project 1: The diversion berm and channel have resulted in impacts to approximately
0.44 acres of water of the United States.
Project 2: The excavation of the stream channel will result in impacts to
approximately 580 linear feet of a headwater stream with an average width
of 8 feet (approximately 0.11 acres).
Project 3: The two minor road crossings will result in impacts to approximately 0.16
acres of an intermittent streambed.
4
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Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
Note: To comply with US Army Corps of Engineers,
Wilmington District, Raleigh Regulatory Branch
maximum size requirements for figures, Figures 2
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VIC1NffY MAP Job No. 1054-94-141(2)
MALLINCKRODT CHEMICAL, INC. Scale: 1" = 2,000'
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
SUBJECT: Action ID. 199820164
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment and
Natural Resources
4401 Reedy Creek Road
Raleigh, NC 27607
Dear Mr. Dorney:
December 12, 1997
970985

%cav,cc,
? DICCj S 19%?
? i N/ f? 0 Nr t/?N Tti l S ?/F,V C fiS
Enclosed is the application of Mallinckrodt Chemical, Inc., for a
Department of the Army permit and a State Water Quality Certification
to discharge dredged and fill material impacting a total of 0.91 acre
of waters of the United States, including wetlands, to permanently
retain an existing temporary d'.version berm, to construct road
crossings/sluice gates, and to excavate contaminated sediments, at
their manufacturing facility adjacent to the Neuse River, north of
Raleigh, in Wake County, North Carolina. Your receipt of this letter
verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification may be required under the provisions of Section
401 of the same law. A Department of the Army permit will not be
granted until the certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after
receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request by
February 9, 1998, the District Engineer will deem that waiver has
occurred.
Please address questions or comments to me at [phone],
extension 23.
Sincerely,
S ?'- C ?-' " 7A *?; Z-
Eric C. Alsmeyer
Regulatory Project Manager
Enclosure
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
2
t _
1 s?
APPLICATION F.... DEPARTMENT . f ifMIT
' 133 CFR 3251 lia
APPROVAL NO. 0710-003
Of P"obw 1996
PGblic fepofting burden for this collection of information is estimated to avenge 6 hours perrespomse.indud+ 'r+the timeW
searching existing data sources. 9 rtviewKg irmstnxtiorms,
gathering and maintaining the data needed. and completing and rovi the coU of irtfortnatioa. Send
.mfnmu regarding this burden estimate or any other aspect of this collection of Information. indud 99a t rodtteJtq this burden. to
Department of Defense. Washington Headquarters Service Directorate of InformationOperations and Reports. 1 15 Je arson Davis Highway, Suite
1204. Ariington. VA 22202-4302; and to the Office of Management and Budget. Paperwork ctio Protect (0710- V0003)tl
. Washington. OC
20503. Please DO NO RETURN your font to either of those addresses. Completed applieatioelsn eefCyn R" Engineer having
jurisdiction over the location of the proposed activity. 1
PRIVACY ACT STATEMENT
Authority: 33 USC 401. Section 10; 1413. Section 404. Principal Purpose: These laws require permits authorizing activides in. or affecting.
navigable waters of the United States, the discharge of dredged of fill material into waters of the United States, and the transportation of dredged
material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used In evako ng the application
for a permit. D'isdosure: Disclosure of requested information is voluntary. If Information is not provided, however, the pemtlt application carat be
processed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be ratumed.
1. APPLICATION .6 12. FIELD OFFICE CODE 13. DATE Nn '- . 1997 I4. DATE APPLICATION COMPLETE
,1f W TMO
5. APPUCANT'S NAME S. A I A ENT'S NAME AND TITLE w.p.rr.ernw..ar
Mallinckrodt Chemical, Inc. SHE, Inc. Attn: Gary M. Birk, P.E.
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
8801 Capital Boulevard 3100 Spring Forest Road
Raleigh, North Carolina 27616 Raleigh, North Carolina 27616
7. APPLICANT'S PH . W/AREA CODE 10. AGENT'S PHONE NOS. W AREA CQDF
a. Residence a. Residence [phone]
b. Business [phone] b. Business
[phone]
11 • STATEMENT OF AUTHORIZATION
1 hereby authorize, Garv M. Birk. P.E. to act in my behalf as my agent in the processing of this application and to
furnish, upon request. supplemental information in support of this permit application.
z6tt v/a 7/9 7
APPLICANT'S SIGNATURE DATE
NAME. LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE tea i vu=arn
Stormwater Pollution Prevention Upgrade Measures
13. NAME OF WATERBODY, IF KNOWN rraooreaew
Waters adjacent to Neuse River
15. LOCATION OF PROJECT
Wake
COUNTY
NC
STATE
14. PROJECT STREET ADDRESS a+amwaol l
8801 Capital Boulevard
Raleigh, North Carolina 27616
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, ismkw& mono
17. DIRECTIONS TO THE SITE
From Raleigh, take U.S. Highway #1 (Capital Boulevard) north and turn left into the main
entrance to the plant. The entrance is approximately 2,100 feet north of the intersection
of Capital Boulevard and Durant Road.(see Figure 1 and 2).
Application for Departmcnt of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
ATTACHMENT
(18) Nature of Activity (Description of project, include all features)
Project 1: A diversion berm and channel were constructed under Nation Wide Permit
38 (NWP 38), Action I.D. 19970029 across the upstream end of the
stormwater retention pond. By rerouting a portion of the upland drainage
area, the watershed area was reduced from approximately 469 acres to 177
acres (62 percent reduction) and, therefore, substantially reduced the
runoff volume to the stormwater retention pond. The construction
drawings for the diversion berm and ditch are included as Figures 2 and 3.
Project 2: Mallinckrodt will use a portable pump to remove pooled water in the
source stream and land-apply the recovered water. Several pumping
- operations, starting at the upper end of the source stream and proceeding
downstream toward the stormwater retention pond are under
consideration.
Mallinckrodt will also excavate and on-site land-apply impacted sediments
and soils from select locations within the source stream (see Figure 4).
Field monitoring of ammonia concentration may be utilized to determine
the amount of soil removal.
Following the excavation of contaminated sediments, Mallinckrodt will
restore the streambed by returning clean earth to the streambed. The clean
earth will be configured to create a system of riffle and pool complexes in
the streambed and to enhance its colonization and use by flora and fauna
in the area.
Mallinckrodt land applies industrial residual solids produced by their
wastewater treatment plant under Non-Discharge Permit No. WQ0005537.
These surface applications occur on 172.65 permitted acres that are owned
by Mallinckrodt and are adjacent to their industrial facility. A permit
modification was submitted to the North Carolina Division of Water
Quality on August 7, 1997 to request the addition of the recovered water
and excavated soils and sediments to Permit No. WQ0005537 (see Item
25).
Project 3: To capture potential contaminants from a possible future accidental
release, Mallinckrodt is considering constructing two minor road crossings
(currently authorized under NWP14) across a small intermittent stream at
the facility (Figure 5). The minor road crossings will be culverted with an
operational sluice gate that will remain open at all times. The sluice gate
culvert will provide Mallinckrodt with the option of retaining runoff from
the upload drainage area if necessary.
Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
(19) Project Purpose (Describe the reason or purpose of the project)
Projects 1 and 2 are proposed to remediate areas that have been impacted by an
accidental release of a solution of approximately 35 percent ammonium sulfate (a 7-0-0
fertilizer registered with the North Carolina Department of Agriculture). Project 1 is
associated with reducing the volume of surface water entering the existing secondary
containment structure (stormwater retention pond). Project 2 is associated with
excavating impacted sediments and soils from selected areas in an intermittent stream
that discharges into the stormwater retention pond.
Project 3 is proposed to provide additional stormwater pollution prevention controls for
the facility. Sluice gate valves, or equivalent, will be installed at each minor road
crossing. The valves would remain in the open position. In the event of an accidental
release or spill at the facility, the valves would be closed to provide an emergency point
of interception.
(20) Reason(s) for Discharge
The discharge from Project 1 and 2 are associated with the ammonium sulfate spill
response actions. Project 3 is associated with proposed stormwater pollution prevention
upgrade measures for the facility.
(21) Types of Material Being Discharged and the Amount of Each Type in Cubic
Yards
Project 1 resulted in approximately 1,780 cubic yards of material affecting approximately
19 01, ?i acres of water, with a diversion channel approximately 40 feet wide and
v 6.6?` approximately 40 in length affecting 0.04 acres of jurisdictional water. Approximately
200 cubic yards of stone was placed in the diversion trench.
Project 2 consists of excavating ammonium sulfate impacted earth from approximately
580 linear feet of an intermittent stream. Following the excavation of contaminated
sediments, the applicant will restore the streambed by returning clean earth to the
streambed. The clean earth will be configured to create a system of riffle and pool
complexes in the streambed and to enhance its colonization and use by flora and fauna in
the area. This project will not result in a discharge of material.
Project 3 consists of the construction of two minor road crossings (currently authorized
under NWP 14) across a small intermittent stream at the facility. The minor road
crossings will be culverted with an operational sluice gate that will remain open at all
times. The sluice gate culvert will provide the applicant with the option of retaining
runoff from the upload drainage area if necessary.
It is estimated that approximately 108 cubic yards of fill material (54 cubic yards per
stream crossing) will be discharged below the plain of ordinary high water.
Approximately 1,750 cubic yards of fill material per stream crossing (3,500 cubic yards
Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
total) will be discharged above the plain of ordinary high water and within the wetland
boundaries of the stream. This will provide for a top of road elevation of approximately
230 feet mean sea level.
(22) Surface Area in Acres of Wetlands or Other Waters Filled
Project 1: The diversion berm and channel have resulted in impacts to approximately
0.0 OA%t acres of water of the United States (0-*l acres fore diversion berm
and 0.04 acres for the diversion trench). 0.60 r--kAq s/? 1>5V
Project 2: The excavation of the stream channel will result in impacts to
approximately 580 linear feet of a headwater stream with an average width
of 8 feet (approximately 0.11 acres).
Project 3: The two minor road crossings will result in impacts to approximately 0.16
acres of an intermittent streambed (0.08 acres per stream crossing).
(24) Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property
Adjoins the Waterbody
Property Located North of Stormwater Retention Pond and West of Neuse River
Gothic Corportaion
2200 West Main Street
Durham, North Carolina 27705
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Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
26. Application is hereby made for a permit or permits to authorize the work
described in this application. I certify that the information in this
application is complete and accurate. I further certify that I posses the
authority to undertake the work described herein or am acting as the duly
authorized agent of the application.
/ /L?d7/ psi `L'" .o zz f
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the
proposed activity (applicant) or it may be signed by a duly authorized agent if the
statement in block 11 has been filed out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the
jurisdiction of any department or agency of the United States knowingly and
willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material
fact or makes any false, fictitious or fraudulent statements or representations or
makes or uses any false writing or document knowing same to contain any false,
fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or
imprisoned not more than five years or both.
Application for Department of the Army Permit
(33 CFR 325)
Mallinckrodt Chemical, Inc.
S&ME Project No. 1054-94-141 (2)
October 27, 1997
PROJECT INFORMATION SHEET
PERMITTEE NAME:
ADDRESS:
TELEPHONE NO.:
PROJECT LOCATION:
Mallinckrodt Chemical, Inc.
Attention: Ms. Vicky Will
8801 Capital Boulevard
Raleigh, North Carolina 27616
[phone]
The Mallinckrodt Raleigh Chemical Plant is located on U.S. Highway #1, north of
Raleigh in Wake County, North Carolina (see Figure 1). The active facility lies south of
the Neuse River. The entire facility occupies approximately 600 acres.
BACKGROUND:
An ammonium sulfate spill occurred on December 28, 1996 at Mallinckrodt located in
Raleigh, North Carolina. The spill entered a drainage ditch (herein referred to as the
"source stream") which feeds into an on-site stormwater retention pond (approximately
23.7 acres) that can ultimately discharge into the Neuse River. The ammonium sulfate
that was accidentally released and contained within the on-site stormwater retention pond
is a 7-0-0 fertilizer registered with the North Carolina Department of Agriculture as
MASL (Mallinckrodt Ammonium Sulfate . Liquors). MASL is a solution of
approximately 35 percent ammonium sulfate in water.
Under normal operations, Mallinckrodt controls the discharge from the stormwater
retention pond through a gate valve [Stormwater Discharge Outfall (SDO) Number 3].
The outfall from the stormwater retention pond is permitted as SDO 3 in Permit Number
NCS000136 (See Figure 2).
Mallinckrodt initiated clean up operations by:
(1) Damming the source stream in segments to prevent further migration of released
materials into the stormwater retention pond,
(2) Blocking the drop inlet spillways at the stormwater retention pond and placing a
temporary berm across the emergency spillway to prevent a release from the
stormwater retention pond, and
(3) Vacuuming the streamwater from the dammed upstream segments and removing
stained soil and sediments from the streambed to remove contaminated materials
from the source stream.
Collected water was transported to the on-site wastewater treatment plant for disposal.
Water was also pumped from the stormwater retention pond to dammed upstream
Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
segments. This water was then land-applied to fields owned and maintained by
Mallinckrodt under a temporary permit issued by the North Carolina Department of
Environment and Natural Resources, Division of Water Quality (DWQ).
In addition, Mallinckrodt dammed a second stream to form a temporary impoundment at
a higher elevation in the fields into which water from the stormwater retention pond was
pumped prior to application onto the irrigation fields. This temporary pond has since
been discontinued.
Clean-up measures currently permitted and in progress for the waters contained in the
stormwater retention pond include discharging to the City of Raleigh POTW and
applying onto on-site fields managed for sludge application under permit WQ0005537.
Mallinckrodt is discharging waters to the City of Raleigh POTW at the permitted
maximum rate of 100 gallons per minute (gpm). Mallinckrodt has available 172.65 acres
for spray irrigation and is applying material at the permitted maximum rate.
HYDROLOGIC EVALUATION:
S&ME performed a hydrologic evaluation of the existing stormwater retention pond
drainage area. Based on available topographic information and soil survey maps of the
area, a drainage area of approximately 469 acres with an estimated Curve Number of 82
was established to estimate peak discharge and runoff depth for the design storm. Using
the SCS Curve Number Method for a 25-year 24-hour rainfall event, as outlined in the
North Carolina "Erosion and Sediment Control Planning and Design Manual," a peak
discharge in excess of 800 cubic feet per second with a runoff depth of 4.5 inches is
estimated for the entire stormwater retention pond drainage area.
Due to the magnitude of such a storm event, the stormwater retention pond area and
drainage area were evaluated to determine if rerouting a portion of the upland drainage
area could reduce the stormwater runoff volume to the stormwater retention pond. Based
on the results of our assessment, we concluded that constructing a temporary berm and
ditch across the upstream (west end of the main retention pond) would reduce the
watershed area to 177 acres (62 percent reduction) and, therefore, substantially reduce the
runoff volume to the stormwater retention pond. The construction of the diversion berm
was authorized under NWP 38 and construction drawings for the berm are included as
Figures 2 and 3.
PROJECT DESCRIPTION:
(1) Due to the water level in the pond occurring near the crescent of the berm at the
time of the accidental release, the berm was raised by an additional two feet with
compacted earth, adding 40 acre-feet of storage capacity (approximately 30 to 60
day storage for stormwater runoff).
Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
The drainage area was reduced in size by adding a diversion berm (authorized
under NWP38) and channeled around the existing pond as shown on Figure 3.
Allowing the diversion berm and channel to remain as permanent structures will:
1. Provide Mallinckrodt with improved control over the volume of runoff
occurring from the facility, especially during high volume precipitation
events.
2. Minimize the risk of the stormwater retention pond from overflowing during a
rainfall event.
3. Reduce the volume of surface water entering the stormwater retention pond
and, therefore, reduce the volume of ammonium sulfate impacted waters
discharged to the City of Raleigh POTW or spray applied onto on-site fields
managed for sludge application under permit WQ0005537.
4. Allow Mallinckrodt to remediate impacted sediments located east of the
diversion berm using alternating cycles of nitrification and denitrification.
Nitrification is the aerobic oxidation of ammonium to nitrite and ultimately to
nitrate. Denitriffcation is the anaerobic process of converting (reducing)
nitrate to nitrogen gas. Currently, Mallinckrodt is maintaining the water depth
in the stormwater retention pond at a shallow depth to promote nitrification
through oxygen transfer. When the rainy season begins, Mallinckrodt will
allow the stormwater retention pond to fill slightly. A depth of only a few
inches will promote anaerobic conditions in the sediments and rapid
denitrificatioan should ensue. When the dry season returns during the winter,
the pond can again be de-watered to promote nitrification. The spring rains
can re-fill the stormwater retention pond and during the next summer it will
again be dewatered. There is no optimal number of aerobic/anaerobic cycles.
However, based on the general climatic conditions of the area, a regimen of
two aerobic and two anaerobic cycles is recommended and is likely to be
practical. Mallinckrodt will perform periodic monitoring of the sediments to
evaluate the effectiveness of this approach.
5. Reduce the size of the secondary containment structure and thus minimize the
volume of material to manage, should a future accidental release or spill occur
and be contained in the stormwater retention pond.
(2) After the initial remediation efforts had been completed within the source stream,
the appearance of water in the stream suggested that ammonium sulfate
discolored water and or sediments may still be present in some locations.
Subsequent monitoring concluded that concentrations in the source stream
samples appeared to be correlated to topographic conditions. Areas with narrow
stream channels and relatively fast-moving water had consistently low ammonia
concentrations near the bottom of the pool. Flatter areas with minimal stream
channels were typified by soft saturated fine-grained alluvial soils that contain
Application for Department of the Army Permit S&ME Project No. 1054-94-141 (2)
(33 CFR 325) October 27, 1997
Mallinckrodt Chemical, Inc.
abundant organic matter (muck soils). Ammonia concentrations tended to be
higher in these areas. As a result of this contamination, Mallinckrodt proposes to
excavate and on-site land-apply impacted sediments and soils from select
locations (see Figure 4). Field monitoring of ammonia concentration may be
utilized to determine the amount of soil removal.
Following the excavation of contaminated sediments, the applicant will restore
the streambed by returning clean earth to the streambed. The clean earth will be
configured to create a system of riffle and pool complexes in the streambed and to
enhance its colonization and use by flora and fauna in the area.
(3) To capture potential contaminants from a possible future accidental release,
Mallinckrodt is considering constructing two minor road crossings (currently
authorized under NWP 14) across a small intermittent stream at the facility (Figure
57. The minor road crossings will be culverted with an operational sluice gate that
will remain open at all times. The sluice gate culvert will provide the applicant
with the option of retaining runoff from the upload drainage area if necessary.
PROPOSED IMPACTS
Project 1: The diversion berm and channel have resulted in impacts to approximately
0.*trres of water of the United States.
Project 2: The excavation of the stream channel will result in impacts to
approximately 580 linear feet of a headwater stream with an average width
of 8 feet (approximately 0.11 acres).
Project 3: The two minor road crossings will result in impacts to approximately 0.16
acres of an intermittent streambed.
4
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