20091105 Ver 1_More Info Letter_20091221

WMENR
North Carolina Department of Environment
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
December 21, 2009
and Natural Resources
Dee Freeman
Secretary
DWQ Project # 09-1105
Lee County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
7007 0710 0000 5376 5767
Mr. Victor Czar, Public Works Director
City of Sanford - Public Works Department
Sanford Municipal Building
225 E. Weatherspoon Street
Sanford, NC 27330
Subject Property: Big Buffalo Creek WWTP Expansion
Ut to Big Buffalo Creek [030611, 17-40, CJ
REQUEST FOR MORE INFORMATION
Dear Mr. Czar:
In correspondence (prepared on your behalf by your agent Robert DiFiore of Hazen and Sawyer) dated November 4,
2009, and during a subsequent meeting held on December 4, 2009, you requested an exception to the Division of
Water Quality's (DWQ) Intermittent Stream Mitigation Policy as applied to the subject project. Specifically, you
and Mr. DiFiore requested that the policy not be applied to the project despite its submission to DWQ after the
published implementation date of the policy. After careful consideration, the Division has decided to deny your
request. Therefore, DWQ will apply the requirement for mitigation for impacts to intermittent streams to this
project consistent with the application of this policy to the general regulated community.
Please understand that we analyzed your inquiry from many perspectives, but in the end could not justify granting an
exception that would permanently remove 213 linear feet of Waters of the State without requiring mitigation per the
instructions of the Environmental Management Commission. DWQ initially broadcast the Intermittent Stream
Mitigation Policy by public notice on December 4, 2008, requesting comments from the general public. Submitted
comments were used to develop the final version of the policy made public on August 14, 2009, over 60 days in
advance of the effective date of the policy. We have confirmed that Hazen and Sawyer is on both the U.S. mail and
electronic listserve distribution lists for our informational notices. We are certain that the deadline stated in the
August 14, 2009 public memorandum was clear, as evidenced by the active efforts made by other consultants to
meet this deadline. Out of fairness to others in the regulated community who re-prioritized their schedules to meet
this deadline, we cannot grant an exception to a particular applicant. We make every effort to treat all applicants
consistently, first and foremost out of fairness, but also due to the scrutiny that any public program is duly subject.
Finally, granting an exception to a single applicant would set a precedent that that would be difficult to defend.
On another note, this project is currently under review by the State Clearinghouse. As we advised you during our
meeting on December 4, 2009, DWQ cannot issue a 401 Certification until the project has received a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) from the State Clearinghouse in accordance with NCAC
15A:01C.0402. Therefore, this project shall remain on hold until completion of the SEPA process. We recommend
that you notify us when the SEPA process is complete so we can re-activate the project. Please review the following
language from the statute, and note that DWQ staff will review your application for consistency with decisions and
commitments referenced within your final SEPA document.
4010versight/Express Review. Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetiands/
NorthCarohna
?aturallr?
An Equal Opportunity 1 Affirmative Action Employer

City of Sanford - Public Works Department
Page 2 of 3
December 21, 2009
SUBCHAPTER 01 C - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY
ACT
SECTION.0101 -GENERAL PROVISIONS
15A NCAC 01 C.01 07 LIMITATION ON ACTIONS DURING NCEPA PROCESS
(a) While work on an environmental document is in progress, no DENR agency shall undertake in
the interim any action which might limit the choice among alternatives or otherwise prejudice the
ultimate decision on the issue. A permit approval or other action to approve land disturbing
activity or construction of part of the project or action, other than those actions necessary for
gathering information needed to prepare the environmental document, limits the choice among
alternatives and shall not be approved until the final environmental document for the action is
published in the Environmental Bulletin pursuant to 01 NCAC 25.0212 and adopted by the DENR
agency through the procedures established by the Department of Administration's Rules for
administering NC EPA and this Subchapter of the Department's rules.
(b) If a DENR agency is considering a proposed action for which an environmental document is to
be or is being prepared, the DENR agency shall promptly notify the initiating party that the DENR
agency cannot take final action until the environmental documentation is completed and available
for use as a decision-making tool. The notification shall be consistent with the statutory and
regulatory requirements of the DENR agency and may be in the form of a notification that the
application is incomplete.
(c) When a DENR agency decides that a proposed activity, for which state actions are pending or
have been taken, requires environmental documentation then the DENR agency shall promptly
notify all DENR action agencies of the decision. When statutory and regulatory requirements
prevent a DENR agency from suspending action, the DENR agency shall deny any action for
which it determines an environmental document is necessary but not yet available as a decision-
making tool.
History Note: Authority G.S. 113A-2; 113A-4; 113A-6; 113A-7; 14313-10;
Eff. April 1, 2003.
The application process for the Big Buffalo Creek Wastewater Treatment Plant Expansion thus far can be
summarized as follows: On October 16, 2009, DWQ received your application dated October 15, 2009 to fill or
impact 132 linear feet of perennial streams and 213 linear feet of intermittent streams to develop the proposed
project. The DWQ received additional information from you on October 22, 2009, and November 5, 2009. The
applicant, consultants, and DWQ met on December 4, 2009 at the Parkview Building in Raleigh. In addition to the
issues with mitigation and the SEPA process described above, there are presently some unresolved issues with the
Stormwater Management Plan (SMP).
Based on our discussion on December 4, 2009, a summary of the DWQ's position on the SMP for each of the
drainage areas is as follows:
• Drainage area Aa: Please explain the difference between Drainage area A and Drainage area Aa. It
appears that Aa is a subdrainage area of A. If so, where does the remainder of A drain? The stormwater
from this drainage area appears to be causing some erosion problems downslope of the current discharge
point. Therefore, please provide a stormwater BUT for as much of the drainage area as practicable.
• Drainage Area B: Please provide a site plan for this drainage area that shows which portions will drain to
the WWTP. Also, please provide a stormwater BMP for as much of the access road and parking areas as
practicable.
• Drainage Area C: Please direct the first one inch of stormwater from this drainage area to the head of the
WWTP. The larger flows may be discharged to the receiving stream through the use of a flow splitter.
• Drainage Area D: The stormwater from this drainage area may continue to discharge to the receiving
stream without a stormwater BMP because the DWQ staff observed that there are no erosion problems at
the current discharge point or immediately downstream of the discharge point.
• Drainage Area E: Also, please provide a stormwater BMP for as much of the access road as practicable.
Please submit the requested information on the Stormwater Management Plan within 30 calendar days of the date
when you provide documentation that this project has been approved by the state clearinghouse. If we do not receive
. , ,
City of Sanford - Public Works Department
Page 3 of 3
December 21, 2009
this requested information within 30 calendar days of that date, your project will be withdrawn and you will need to
reapply with a new application and a new fee.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected
buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by DWQ.
Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have any questions regarding this matter.
Sincerely,
Matt Matthews, Chief
Surface Water Protection Section
DMM/cbk
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
Jennifer Heiney, Construction Grants and Loans
File Copy
L. Michael Santowasso, Hazen and Sawyer, PC, 4011 WestChase Boulevard, Suite 500, Raleigh, NC 27607
Filename: 091105BigBuffaloCreekWWTP Expansion(Lee)On Hold2rev

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Victor Czar - Public Works Director
Sanford Municipal Bldg
225 E Weatherspoon St
Sanford NC 27330
DWQ 09-1105 Lee County
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