19990813 Ver 3_More Info Received_20101119

FAST LANE /)0! v PICKUP TIME ^?; - -N
PICKUP DATE l./`I 61 828 -0303
20143 1
I
-
AM E DA1' WEIGHT
DRIVER # OF PIECES
- ,-\
RECEIVER 3RD PARTY
BILL TO : HIPPE
'
NEXT DAY CAR VAN ROUND TRIP CHARGES -
_
FROM TO
COMPANY NAME
-,,
I 1--- COMPANY NAME i
)O C?
-
--- _
STREET ADDRESS-
CITY-
PROJECT NAME OR #
PHONE #
STREET ADDRESS 'ice l ^ y!H" Cam. `,VCI.
ST ZIP CITY I%c ST 1`J(. ZIP 3'lol)
s
`!L I)24 > rr,,I??,?ln CONTACT NAME /Clr] Eri/66m,'
<?? S.X ,!, •, ? PHONE # s
DELIVERY DATE DELIVERY TIME SIGNATURE - ?i ' '
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
Division of Water Quality
Attn: Ian McMillan/Amy Chapman
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604
Re: Reply to the Division of Water Quality's November 8, 2010 request for additional
information ?iai f " ?,
Cates Creek Sewer Outfall Extension [ Q, Mg I
Orange County, North Carolina ,
f,OV j in ZCia
Dear Mr. McMillan and Ms. Chapman. bENR.MTFROVAUTY
VrETL?h'OS AND ?TQi~ih," r,:T?R BnMC4
This letter is in response to your letter dated November 8, 2010 which requested
additional information for the Cates Creek Sewer Outfall Extension. The following
restates your questions/comments and is then followed by our response.
Additional Information Requested
1. There is mention of a temporary construction easement through the buffer, however, the
impacts table, for buffers only indicates permanent impacts. Please clam if there will
indeed be temporary buffer impacts or if they will be permanent impacts. If temporary
impacts will occur, please provide a buffer restoration plan.
It has been our prior experience that NC DWQ does not consider impacts to any protected
riparian buffer as anything other than permanent impact; therefore, we accounted for the buffer
impacts accordingly within the buffer impact table in our Pre-Construction Notification (PCN)
application. Further, per 15A NCAC 02B .0233 (6) Table of Uses, "Non-electric utility lines -
Impacts other than perpendicular crossings in Zone 2" are Allowable. Please note the area that is
within the temporary construction corridor that is also coincident with Zone 2 will be allowed to
revegetate naturally (i.e. will not be part of the permanent maintenance corridor). Also stated
within 15A NCAC 02B .0233 (6) Table of Uses, "Non-electric utility lines - Impacts other than
perpendicular crossings in Zone 1" are Allowable with Mitigation. This is addressed further in
Item No. 2 below (compensatory mitigation for Zone 1 through Ecosystem Enhancement
Program). Therefore, it is our belief that no buffer restoration plan is required.
Charlotte Office:
236 LePhillip Court, Suite C
Concord, NC 28025
Phone: [phone]
Fax: [phone]
Greensboro Office:
3817-E Lawndale Drive
Greensboro, NC 27455
Phone: [phone]
Fax: [phone]
November 19, 2010
S&EC Project # 4433
DWQ No. # 99-0813, Ver. 3
2. Please enumerate non perpendicular impacts to Zone 1 that require compensatory
mitigation and provide documentation if the impacts have been previously mitigated.
Previous approvals for the Cates Creek Sewer Extension required compensatory mitigation for
the non-perpendicular impacts to Zone 1 (17,670 square feet in total). We have attached the EEP
receipt dated May 17, 2006 which verifies that the required buffer mitigation was satisfactorily
completed (53,010 square feet in total).
With respect to the current reauthorization request, please see the below table:
No.
March 7pact
,2 20006 Riparian Buffer
Impacts Zone 1
March 7, 2006
Impact , 2
No.
October 29, 2010 Riparian Buffer
Impacts Zone 1
October 29, 2010
Net Difference
7 0 1 150 +150
6 0 2 739 +739
3 4,613 6 4,952 +339
2 382 7 0 -382
1 746 8 0 -746
TOTAL 5,741 5,841 +100
This table details the Zone 1 impacts that were originally approved and mitigated for within the
current sewer corridor for which we are requesting reauthorization. This table also demonstrates
the changes within the current buffer authorization request where the applicant was,able to
eliminate two Zone 1 impact locations (old impacts Nos. 1 & 2, currently numbered as 8 & 7
respectively). Therefore, there is a net difference of 100 square feet of Zone. J non-perpendicular
impacts that will require compensatory mitigation. We have attached the EEP acceptance letter
for the required compensatory mitigation.
Please feel free to call me if you require any further explanation.
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
61 )Xlt,
Nib ole J. Thomso
Regulatory Specialist
Attachments: 5 copies of Response letter
5 copies of DWQ Request For More Information Letters (dated July 29, 2009)
5 copies of Ecosystem Enhancement Program Mitigation receipt (dated May 17, 2006)
5 copies of Ecosystem Enhancement Program Mitigation Acceptance Letter (dated November 15, 2010)
Cc: Mr. Ryan Bartok
.LA.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 8, 2010
DWQ Project # 99-0813, Ver. 3
Orange County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Town of Hillsborough
Mr. Eric Peterson
PO Box 429
Hillsborough, North Carolina 27278
Subject Property: Cates Creek Sewer Outfall Extension
Ut to Cates Creek [030401, 27-2-8, C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Peterson:
On October 29, 2010, the Division of Water Quality (DWQ) received your application dated October 26, 2010,
to fill or otherwise impact 47 linear feet of perennial stream (temporary impact), and 12,133 square feet of Zone
1 Neuse River protected riparian buffers, and 33,779 square feet of Zone 2 Neuse River protected riparian
buffers, to construct the proposed sanitary sewer outfall at the site. The DWQ has determined that your
application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require
additional information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive five copies of the additional information requested below, we
will place this project on hold as incomplete until we receive this additional information. If we do not receive
the requested information, your project will be formally returned as incomplete. Please provide the following
information so that we may continue to review your project.
Additional Information Requested:
1. There is mention of a temporary construction easement through the buffer, however, the impacts table
for buffers only indicates permanent impacts. Please clarify if there will indeed be temporary buffer
impacts or if they will be permanent impacts. If temporary impacts will occur, please provide a buffer
restoration plan.
2. Please enumerate non-perpendicular impacts to Zone 1 that require compensatory mitigation and
provide documentation if the impacts have been previously mitigated.
Please submit this information within 30 calendar days of the date of this letter. If we do not receive this
requested information within 30 calendar days of the date of this letter, 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
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturallff
Town of Hillsborough
Page 2 of 2
November 8, 2010
time) by the DWQ. Please call Mr. Ian McMillan or Ms. Amy Chapman at 919-733-1786 if you have any
questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Ian McMillan, Acting Supervisor
401 Oversight/Express Review Permitting Unit
IJM
cc: USACE Raleigh Regulatory Field Office
Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Nicole Thomson, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Filename: 990813 Ver3CatesCreekSewerOutfallExtension(Orange)On_Hold
rI%--
x
PROGRAM
RECEIPT
May 17, 2006
DWQ #: 99-0813, Ver. 2
John T. Michael, Project Manager COE#: N/A
The John R. McAdams Company, Inc.
POB 14005
Research Triangle Park, NC 27709
Project: Cates Creek Sewer Outfall County: Orange
The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $50,889.60, check
number 3, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification and/or US Army
Corps of Engineers 404 and/or Division of Coastal Management CAMA permit(s) issued for the above referenced project.
This receipt serves as notification that the compensatory mitigation requirements accepted by NC EEP for this project.have
been satisfied. Please note that you must also comply with all other conditions of the certification/permit(s) including any
additional mitigation conditions not accepted by NC EEP and any other state, federal or local government permits or
authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible and agrees to provide the
compensatory mitigation requirements as indicated in the table below. The mitigation will be performed in accordance with
the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army
Corps of Engineers dated November 4, 1998.

Cataloging Wetlands (credits) Stream (credits)
River Basin
Unit
Riparian
Non-
Riparian
Coastal
Marsh
Cold
Cool
Warm Buffer
(sq. ft.)
Neuse 03020201 0 0 0 0 0 0 53,010
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
If you have any questions or need additional information, please contact Chris Mankoff at [phone].
Sincerely, ?--?,
' cif
Fo'z
WY'D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
File
R.P.stoY ... E ... Pro" Ou,r tta&
AM-WR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
N_
-,Ecosystem
PROORAM
November 15, 2010
Eric Peterson
Town of Hillsborough
PO Box 429
Hillsborough, NC 27278
Project: Cates Creek Sewer Extension (additional)
Expiration of Acceptance: August 15, 2011
County: Orange
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state, federal or local
government permits regulations or authorizations associated with the proposed activity including SL 2009-337• An Act to Promote
Compensatory Mitigation by Private Mitigation Banks.
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit1401,Certif1cation/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact Neuse 03020201 0 0 0 0 0 0 100 0
Credits Neuse 03020201 0 0 0 0 0 0 300 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with -the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In-Lieu Fee
Instrument dated July 28, 2010.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Si erely,
WillkaD. Gilmore, PE
Director
cc: Ian McMillan, NCDWQ Wetlands/401 Unit
Eric Alsmeyer, USACE-Raleigh
Amy Chapman, NCDWQ- Wetlands/401 Unit
Nicole Thomson, agent
File
??rit9... L ... 1w&Cti" Our S
11

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net