20091105 Ver 1_More Info Received_20091201

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HAZEN
Environmental
AND SAWYER
Engineers & Scientists
November 24, 2009
Mr. Dave L. Matthews
N.C. Department of Environment and Natural Resources
Environmental Program Manager
Surface Water Protection Section
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Hazen and Sawyer, P.C.
4011 WestChase Blvd.
Suite 500
Raleigh, NC 27607
[phone]
[phone] (Fax)
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u c C Y 2009
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Re: Big Buffalo Creek WWTP
12 MGD Expansion Project
City of Sanford, North Carolina
DWQ Project #09-1105
401 Water Quality Certificate Application
Response to Cyndi Karoli Voice Mail
Dear Mr. Matthews:
This letter is in response to a voice mail to Robert DiFiore received from
Cyndi Karoli on November 16, 2009. Ms. Karoli requested specific information regarding
potential delays referenced in Hazen and Sawyer's letters to DWQ dated November 4,
2009 and October 22, 2009 related to review of the 401 Water Quality Certification
Application for the above referenced project.
Prior to October 16, 2009, it is our understanding that DWQ did not require
moving facilities or stream mitigation for intermittent streams for which the Army Corps of
Engineers claimed no jurisdiction. Before October 16, we understand that DWQ would
respond to the Application within 60 days. Please advise if the policy prior to October 16
was different than described.
Since receiving Ms. Karoli's voice mail, we have been trying to better define
potential impacts of the new rules as requested in the voice mail. Familiarity with the
rules effective before October 16th and uncertainty about the new rules is one of the
reasons why the Application was intended to be submitted before the new rules became
effective.
Potential impacts of the new rules were examined if either moving the facilities or
compensatory stream mitigation were required per Comments 1 and 3 in DWQ's letter
dated October 26, 2009. Hazen and Sawyer investigated moving the facilities to avoid
the area of the existing swale as shown in Figure 1. It is estimated that revisions to the
Contract Drawings for moving the facilities will require an additional 4 to 5 months.
Moving the facilities will increase costs for excavation, rock removal, and yard piping.
The estimated additional engineering and construction cost for moving facilities as shown
in Figure 1 is approximately $1,050,000. Additional excavation, rock removal, and yard
piping could delay startup of the facilities by an additional month.
Matthews 11.24.09ltr.
New York, NY • Philadelphia, PA • Raleigh, NC • Charlotte, NC • Greensboro, NC • Charleston, SC • Atlanta, GA • Fairfax, VA • Baltimore, MD • Cincinnati, OH • Hollywood, FL • Boca Raton, FL • Sarasota, FL • Miami, FL
LIVEN AND SAWYER
Mr. David L. Matthews
November 24, 2009
Page 2
Hazen and Sawyer investigated compensatory stream mitigation per Comment 3
in DWQ's letter dated October 26, 2009. A mitigation plan may be based on payment to
a private mitigation bank or fee in lieu payment. The additional cost to the City of
Sanford for payment to a private mitigation bank or for the fee in lieu of payment is
uncertain. Alternatively, the City could provide permittee responsible mitigation. It is
estimated that preparation of a Compensatory Mitigation Plan for permittee responsible
mitigation would cost the City an additional $400,000 and would require an additional
4 months. Hazen and Sawyer is less certain about additional cost and time for permittee
responsible mitigation compared to moving facilities.
Please consider Hazen and Sawyer's request that DWQ accept the City's
Application for review according to rules effective before October 16, 2009 to avoid
additional cost to the City of Sanford and additional time to complete the project. We
would still like to meet with DWQ to request that the City's application be reviewed
according to the policy prior to October 16, 2009 and to provide any additional
information needed by DWQ.
Very truly yours,
HAZEN AND SAWYER, P.C.

Robert S. DiFiore, P.E.
Vice President
RSD:bpr
cc: Victor Czar
Mike Santowasso
Jim Cramer
Ian McMillan
Cyndi Karoli
Matthews 11.24.09 itr.
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