20090266 Ver 1_More Info Received_20100204

Greenville
Utilities
February 3, 2010
Mr. Josh Pelletier
U.S. Army Corps of Engineers
2407 West Fifth Street
Washington, NC 27889
Mr. Kyle Barnes
Washington Regional Office
NC Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Subject: Time Critical Request
Request for Permit Modifications
Section 404 Permit No. 2009-00541
Section 401 Certification No. 09-0266
Dear Sirs:

The Greenville Utilities Commission's (GUC) construction of a new raw water intake in the
Tar River is underway under Section 404 permit (2009-00541) and Section 401 Water
Quality Certification (09-0266). A condition of those permits is a prohibition of in-river work
during a moratorium period of February 15 through September 30 of all years. Since the
construction of the new intake began last fall, the Tar River Basin has had one of its wettest
periods of record. Despite our contractor's best efforts, over 48 days of work has been lost
due to abnormally high water levels. We request modification of the current permits to
extend the allowable period of in-river work until March 17, 2010. An attached letter from
the North Carolina Wildlife Resources Commission (WRC) states their concurrence with this
request.
Also attached to this letter you will see a graphical summary of the history of in-river work
and river conditions. It is important to note that future work within the river can only proceed
when the river stage is below eight (8) feet MSL, as illustrated by the red line on the graph.
Further, installation of the sediment and scour management vanes covered under the current
permits requires the river stage to be below seven (7) feet MSL.
We have researched the impacts to aquatic species associated with leaving the coffer dam in
place during the moratorium period versus the impacts of removing and reinstalling the
coffer dam next October. Attached is a biological opinion, prepared by Mr. John Alderman,
President of Alderman Environmental Services, that concludes that adverse impacts to
sot ` ilinfo d R-d mussels and other aquatic species afforded protection under the North Carolina Endangered
Green, d1c, NC Species Act will be minimized by leaving the coffer dam in place.
27835
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Your Local
Advantage
Modification Permit Request
February 3, 2010
Letter Page 2
We have also consulted with Dr. Anthony Overton of (East Carolina University, a Fish
Ecologist who specializes in spawning and early life stages of fishes. Dr. Overton concludes
that leaving the coffer dam in place does not present major impedance to fish passage under
the current river conditions or those that are likely to exist during the requested extension. Dr.
Overton also has presented recommendations on actions that could be taken to monitor fish
movement and to minimize any risks that activities occurring after the requested extension
period could impede fish passage.
As previously noted, WRC concurs with a permit extension until March 17, 2010. However,
due to continued abnormally high river levels and uncertainty about future river conditions,
we cannot be certain that the work can be completed by that date. We have agreed to keep
WRC informed of the project progression and prospective completion date throughout the
extension period. We will consult with WRC and we will inform your office if and when it
appears that the work cannot be completed prior to the extension deadline.
Immediate action on the requested extension is critical. Our contractor has indicated that, in
lieu of notification of a permit extension, they will begin removal of the coffer dam at their
earliest opportunity to get equipment back on site. That action, as evidenced by the attached
biological opinions, has the potential to cause more environmental harm than leaving the
coffer dam in place and continuing the work. Your expedited consideration of this request
will be appreciated. Please respond to me via email (EMORYRD@D uc.com), telephone
(252-_551-1551) or facsimile (252-329-2172) as soon as possible. Your assistance in this
matter is greatly appreciated.
Sincerely,
1
v r Randall D. Emory, P.E.
Director of Water Resources
RDE/lpb
cc. Mr. Ronald D. Elks, General Manager/CEO
Mr. Anthony C. Cannon, Assistant General Manager/COO
Mr. Barrett Lasater, Plants Manager
Ms. Emily Jernigan, USACE - Washington, NC
Mr. David Lekson, USACI- Washington, NC
Colonel Jefferson Ryscavage, USAGE - Wilmington, NC
Mr. Ian McMillian, NC DWQ - Raleigh, NC
Ms. Coleen Sullins, Director NC DWQ Raleigh, NC
Ms. Maria Dunn, NC Wildlife Resources Commission
Ms. Sarah McRae, NC Natural Heritage Program
Mr. John Alderman, Alderman Environmental Services
Dr. Anthony Overton, East Carolina University
Mr. Tony Nash, Crowder Construction
Mr. Robert Teem, Brown and Caldwell
North Carolina Wildlife Resources Commission K>
Gordon S. Myers, Executive Director
February 3, 2010
Mr. Marshall Taylor
Brown and Caldwell
5410 Trinity Road
Suite 320
Raleigh, NC 27612
Dear Mr. Taylor,
This letter is in response to your client the Greenville Utilities Commission (GUC) and their
request to be able to continue work within the Tar River during the inland primary nursery area
(PNA) moratorium of February 15 - September 30. GUC is currently installing a new water
intake system located approximately 300 feet downstream the existing intake and pumping station. The
project includes installing a redundant pair of 30-inch intakes with a set of submerged flow-training vanes
("Iowa" vanes). Approximately 1000 yd3 of material was to be excavated from the intake site to remove
existing sand bars. A temporary coffer dam was constructed in the river to keep water out of the
excavation area and intake screens during construction. Although GUC obtained necessary permits and
began work on a schedule to complete the work outside the required moratorium, several significant high
flow events have overtopped the coffer dam. These events have delayed the project schedule and as a
result the project can no longer be finished prior to February 15, 2010.
PNAs are areas inhabited by the embryonic, larval or juvenile life stages of marine or estuarine fish or
crustacean species due to favorable physical, chemical or biological factors. The February 15 - September
30 moratorium is in place to protect these species and their habitats. Several state and federal listed
species are also known to inhabit the vicinity and immediate project area. These important species are a
priority and receive protection through the established moratorium.
The North Carolina Wildlife Resources Commission (NCWRC) understands the difficulty GUC has had
in completing their project within the original schedule. We appreciate the coordination and concern
shown to complete the project prior to February 15 yet understand the project's completion by this date is
impossible. To facilitate the completion of the project and to minimize any additional environmental
impacts that may occur from ending the project prior to completion, the NCWRC would allow a 30 day
extension into the moratorium. This extension would require all in-water work be completed by March
17, 2010. This extension is project and condition specific for this year only. The NCWRC requests the
applicant update our agency on the progress of the project. This includes future difficulties with project
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
Page 2
February 3, 20 10
completion, project progression, and project completion date. If it is determine the project cannot be
completed by the end of the moratorium extension or if you have any additional comments or questions,
please contact Maria Dunn by email at maria.dunnnncwildlife.org or phone at [phone]. If other
contact within NCWRC is needed, please contact Bennett Wynne at [phone].
Sincerely,
Maria T. Dunn
Northeast Permit Coordinator
North Carolina Wildlife Resources Commission
cc:
Langley, R. - GUC
Lasater, B. - GUC
Wynne, B. - NCWRC
PO Box 30007 (28230-0007)
6409 Brookshire Boulevard (28216)
Charlotte, NC
Teleohone: 704 332 8184 Fax ZD4 372 1015
www.crowdercc.com CROWDER CONSTRUCTION COMPANY
HEAVY CIVIL DIVISION
February 1, 2010
Mr. Ricky Langley
Greenville Utilities Commission
PO Box 1847
Greenville, NC 27835
Reference: Greenville Utilities Commission - Raw Water Pumping Station
Improvements
Subject: Tar River Exclusion Period
Dear Ricky:
The construction exclusion period from February 15`h to September 30`h is rapidly
approaching. At this writing, the Tar River is receding and at elevation 13.55. Snowfall
over this past weekend along with a forecast of rain for tomorrow is likely to have an
additional impact on the river level causing an anticipated rise. To date, we have lost 48
work days out of 124 available days due to high water. It is our estimate that thirty (30)
workable days will be required for the river work to be completed once access is
available.
We are appreciative of the efforts that Brown and Caldwell and Greenville Utilities
Commission are taking to obtain an extension allowing completion of the work. It is our
understanding that a verbal approval for a two week extension that would adjust the
exclusion period to March 1, 2010 has been granted; however, an official notification
stating such extension has not been received.
It is not our intention to violate the exclusion period exposing our Company to penalties
for not being complete with the associated river work or our desire to delay the entire
project by removing the temporary cofferdam, demobilizing the site, and reinstalling it
after September 30, 2010. This action would move completion into 2011 with no
certainty that high water events would not return. We feel it is necessary to inform you
that any extension that is not indefinite may be of no benefit to our completion of the
work considering the weather trend. Our forces remain poised to begin immediately
when the river recedes to allow access. If a variance allowing thirty workable days for
our forces is not granted, our plan will be to begin demobilizing from the river as soon as
the river recedes below elevation 8 thus abandoning the river work until a variance is
acquired or until October 1, 2010.
It should be understood that a demobilization and delay of the completion of the work
will severely impact the successfulness of this project for all parties involved in several
respects.
First, the costs to Crowder Construction Company to remove and reinstall the cofferdam
in order to complete the work at a later date will be approximately $500,000. The river
work is the only item of work that Crowder Construction Company is self performing.
Currently we have fifteen (15) field personnel assigned to the river work on this project.
If an extension is not obtained we will be forced to explore other employment options for
our field forces which at this time are unavailable.
Secondly, our subcontractors will be forced to suspend their planned activities until next
fall and into 2011. This equates to approximately 15% of minority project costs that will
be delayed and not completed until 2011. Minority subcontractors that will be affected
are Military and Federal Construction Company which is our hauling subcontractor,
Alex's Welding which is our welding subcontractor and Garden Keepers Landscaping
which is our landscaping subcontractor. Employment impacts for all of our
subcontractors may also be jeopardized.
Thirdly, our project substantial completion date will be delayed until 2011 as well.
Without an indefinite extension or thirty uninterrupted working days, we will be unable
to complete and provide Greenville Utilities Commission with an operable system.
As we are sure that you are aware, we have done everything in our control to avoid such
a delay. Since commencement of the river work in October 2009, we have worked seven
days a week, twelve hours a day to minimize and mitigate this risk. Brown and Caldwell
and Greenville Utilities Commission have been very proactive and have made every
effort to facilitate this work and make this a successful project. We will continue to work
with both Engineer and Owner in any way to complete this work in a timely manner.
Sincerely,

Tony Nash
Project Manager
Crowder Heavy Civil Division
pc: Robert Teem, Brown and Caldwell
Ken Tysinger, Crowder Construction Comp y
Lynn Hansen, Crowder Construction Compa
Tar River Level and Daily Precipitation at GUC Raw Water Intake Construction Site
ID
14
13
12
11
10
w
ao
> 9
4
z
8
> 7
a
J
iu 6
Of
5
4
3
2
1
0
3.5
3
r Hurricane Ida
.5
c
0 2
•?1.5
w
a 1 -
>, -- -
00.5
0
11/1/09 11/8/09 11/15/09 11/22/09 11/29/09 12/6/09 12/13/09 12/20/09 12/27/09 1/3/10 1/10/10 1/17/10 1/24/10
Date
11/01/09 11/08/09 11/15/09 11/22/09 11/29/09 12/06/09 12/13/09 12/20/09 12/27/09 01/03/10 01/10/10 01/17/10 01/24/10
Date
Data Sources: Precipitation Data-USGS Gage 02084000 at Green St. Greenville, NC Note: Areas defined by red bands are periods
River Level Data - USGS Gage 02083893 at 264 Bypass Rock Springs, NC contractor requested high water days.
(adjusted down 0.3 feet to estimate river level at site)

Alderman Environmental Services, Inc.
February 3, 2010
Mr. Marshall Taylor, P.E.
Brown and Caldwell
5410 Trinity Road
Palisades II, Suite 320
Raleigh, NC 27607
Dear Mr. Taylor:
As requested, the following constitutes my professional opinion associated with
continuing construction of the Greenville Utilities Commission's new water intake
structure and flow vane installation in the Tar River, Pitt County, North Carolina, during
the required anadromous fish moratorium period starting February 15, 2010. Basically,
there are 3 questions associated with a project specific work stoppage:
Question 1. Should the cofferdam be removed at the start of the moratorium period (mid-
February, 2010)?
Five North Carolina state listed species have been documented from the immediate
cofferdam area in the Tar River during Alderman Environmental Services' 2009 surveys:
special concern North Carolina spiny crayfish (Orconectes (P.) carolinensis), threatened
Roanoke slabshell (Elliptio roanokensis), threatened eastern lampmussel (Lampsilis
radiata radiata), threatened tidewater mucket (Leptodea ochracea), and special concern
Neuse River waterdog (Necturus lewisi). Also, during the past 10 years, five additional
state listed mussel species have been found within the Tar River in Pitt County:
threatened triangle floater (Alasmidonta undulata), endangered Atlantic pigtoe
(Fusconaia masoni), endangered yellow lampmussel (Lampsilis cariosa), endangered
green floater (Lasmigona subviridis), and threatened creeper (Strophitus undulatus).
MAILING ADDRESS: TELEPHONE: [phone] (O)
244 Red Gate Road 919-444-9576 (M)
Pittsboro, NC 27312 EMAIL: aldermjm(&embargmail.com
Therefore, up to 10 state listed mussel, crayfish, or amphibian species are confirmed
present or potentially present within this reach of the Tar River. The Atlantic pigtoe,
yellow lampmussel, and green floater are also U.S. Fish and Wildlife Service federal
species of concern. The North Carolina Endangered Species Act requires conservation of
state listed species.
Given that the river bank is unstable, removal of the cofferdam before work has been
completed may allow significant slumping of the bank into the river, thus further
destabilizing the bank and causing significant sedimentation of the river channel.
Sedimentation of habitat causes significant harm to benthic aquatic organisms.
Therefore, significant take of listed mussel, crayfish, and amphibian species may occur
under such conditions.
If the cofferdam is removed before the project is completed and the cofferdam is
reinstalled at a later date to renew construction activities, benthic aquatic habitat will be
significantly disturbed 4 times (i.e., 2 times installed, 2 times removed) instead of twice
(i.e., 1 time installed, 1 time removed). This basically doubles to level of take (broadly
defined) of state listed aquatic species.
To significantly reduce take of state listed animal species, my recommendation is to leave
the cofferdam in place until the project is completed. If the cofferdam is removed and
reinstalled at a later date, there are no guarantees that future high water events will not
cause the same problems after the second cofferdam installation.
Question 2: Should work on building the GUC water intake structure continue after the
start of the moratorium period (mid-February)?
Remaining work required to build the new water intake structure is considered "low noise
and low vibration." Since this work will occur within the cofferdam area, which is
isolated from the river's aquatic habitats, such construction activities should be allowed to
continue during the moratorium period.
Question 3: During the moratorium period, once the new water intake structure is
completed, should the cofferdam and structural bracing be removed and should the flow
vane installation at the existing screens be installed?
Background: Eight days will be required to remove the cofferdam and structural bracing
and install the flow vane. At the cofferdam area, high noise and vibration will occur
throughout the 8 days. At the flow vane installation site, where work will be conducted
at the same time as removal of cofferdam and structural bracing, a total of approximately
2 days will require high noise and vibration out of a 5 day operation.
If NCWRC has significant concerns about potential anadromous fish impacts beyond the
start of the moratorium period, I recommend that no work is initiated on the flow vane
installation until the third day after the start of cofferdam removal. If recommended by
NCWRC, hydroacoustic equipment may be used to monitor any changes in anadromous
fish behavior or migration activity near the work area while final construction activities
are in progress. Further consultation with resource agency personnel should be initiated
if significant changes in fish behavior or migration patterns are observed.
Sincerely,
John M. Alderman
President