20070939 Ver 2_Staff Comments_20100421

Mcmillan, Ian
From: Gyamfi, Joseph
Sent: Wednesday, April 21, 2010 10:07 AM
To: Brown, David
Cc: Joyner, Robert; Badami, Raghavenderrao; Mcmillan, Ian
Subject: RE: Review Comments - Durham Wal-Mart
Thanks very much, Mr. Brown. I think that's where we are at right now, i.e., the project cannot be "grandfathered in" by
the State. We have entreated them to work with us to achieve the required 85%TSS reduction, and I believe they are
working on it right now. I'm not sure if I've spoken with you on this particular project but I remember there was a similar
project in Durham we had similar issues. They were not grandfathered in so they changed their culvert crossing to a
bridge so they didn't have to deal with us in terms of stormwater but only buffer authorization. Thanks so much for
getting back to me.
Joe
From: Brown, David [mailto:[e-mail]]
Sent: Wednesday, April 21, 2010 9:49 AM
To: Gyamfi, Joseph
Cc: Joyner, Robert; Badami, Raghavenderrao
Subject: Review Comments - Durham Wal-Mart
Hi Joseph,
I hope your allergies are feeling a little better.
Wal-Mart @ MLK PkwV in Dirham, NC
The Wal-Mart site, which is, apparently, up for renewal with the State, was previously approved by the City of Durham in
2006 without water quality treatment facilities. This project is currently in for review in the City as the site plan is being
amended. Since an amendment poses an equal or better condition environmentally than the originally approved site
plan, the requirements of the originally approved site plan still govern. As such, the City, by ordinance, cannot require
the applicant to meet standards that were not in effect at the time of original site plan approval so long as the original
site plan is still valid, which this one is. If the State wishes to impose additional requirements on the applicant, that is
between the State and the applicant. Any changes, though, in the site plan will need to be submitted to the City for
review and approval.
Additional Background: This project is not in a water supply overlay (WSO), is in the Cape Fear River Basin (CFRB), and
was submitted and approved in 2006/2007 (Note: The stormwater on this site was approved originally by me on March
17, 2006)and, therefore, long before the March 17, 2009, City ordinance requiring water quality treatment facilities in
such areas within the City. Even though the City has, for some time, required level spreaders in the CFRB (even when
outside of a WSO), the outfalls for this project were not designed with level spreader devices because the topography of
the site made level spreaders inappropriate. To my knowledge, at the time the original site plan was approved, the
State had no level spreader requirements for outfalls in the CFRB when said outfalls were not in a WSO. If I am incorrect
in this matter, please inform me as such.
On a side note, I believe that you and Annette Lucas queried me about this site for the very same reasons two or three
years ago.
Take care,
Dave Brown, Stormwater Engineer IV
Stormwater Services
City of Durham, NC
From: Gyamfi, Joseph [mailto:[e-mail]]
Sent: Monday, April 12, 2010 12:07 PM
To: Brown, David
Cc: Mcmillan, Ian; Gyamfi, Joseph
Subject: Review Comments - Durham Wal-Mart
Hi Dave,
I just left a voicemail for you, but it might sound "horrible" with my strong allergy. Anyway, I have a project on my desk
that I need to discuss with your staff member reviewing it. It's an old permit with a Wal-Mart Store that was never built,
and now up for renewal. I don't have the City of Durham's Project Number or ID but the name on the Recorded Deed is
Wal-Mart Stores East, LP, and tax PIN or parcel ID is 0820-18-20-2864. It has 64% impervious and the applicant is
proposing to treat the site with a level spreader vegetative filter strip (LS-VFS) system. The consultant is very positive
that the City has already agreed to the use of this device which doesn't achieve the required 85% TSS reduction.
Our office has looked at it and CANNOT approve of this device to meet the 401 General Certification requirement.
Please find out who is reviewing the project and pass on the information to him/her or let them get back to me or Ian
with any questions. Thanks.
Joe
Joseph Gyamfi, P.E., P.Eng.
Environmental Engineer
NCDENR/DWQ
401/Express Permitting Unit
2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
Website: http://h2o.enr.state.nc.us/ncwetlands/index.htmI
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
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