20110582 Ver 2_More Info Received_20120312

March 7 2012
W Corey Basinger
North Carolina Division of Water Quality
585 Waughton Street
Winston Salem North Carolina 27107
John Thomas
Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive Suite 105
Wake Forest North Carolina 27587
RE Notice of Violation (NOV 2012 PC 0065) Resolution
JT Russell Ethanol Transfer Facility
Water Quality Certification No 3821 (DWQ # 2011 0582)
USACE Nationwide Permit No 39 (Action ID 200902142)
Davidson County North Carolina
Mr Basinger
NCDOI o CNN
MAR 12 2012
Winston Saiem
lzealonal Cr
This letter is in response to the Notice of Violation (NOV) issued by the NC Division on Water Quality
(NCDWQ) on February 29 2012 During a site visit on February 8 2012 with Sue Homewood of NCDWQ s
Winston Salem Regional Office it was noted that a jurisdictional wetland was inadvertently filled beyond the
limits of impact approved in the 401 Water Quality Certification (DWQ#1 10582) (see attached Figure)
A jurisdictional determination (Action ID 200902142) was issued by the USACE on the adjacent property
located immediately to the east (PIN 0902800000006) and the initial design reflected all practicable measures
to avoid and minimize impacts to the delineated jurisdictional waters However it was subsequently found that
the jurisdictional waters survey did not include the subject property (PIN 0902800000009) and as a result this
section of the project area was unintentionally overlooked
A site visit on March 7 2012 with Sue Homewood (NCDWQ) and John Thomas ( USACE) was held to discuss
the violation and to determine the magnitude of impacts to jurisdictional waters It was agreed that
approximately 0 48 acres of jurisdictional wetlands may have been impacted as a result of the railroad yard
construction activity
Payment will be made to the North Carolina Ecosystem Enhancement Program s (NCEEP) in lieu fee program
as mitigation for the 0 48 acres non permitted impacts to jurisdictional wetlands An acceptance letter will be
forwarded once received
HDREngineering Inc of the Carolinas
440 S Church Street
Suite 1000
Charlotte NC 28202 1919
Phone /7041338 6700
Fax /7041338 6760
www hdnnc com

A Pre Construction Notification (PCN) as an after the fact modification to the issued NCDWQ Water Quality
Certification No 3821 and USACE Nationwide Permit No 39 will be submitted Please contact me at (704)
973 6878 or enc mularski(a)-hdnnc com if you require any additional information to resolve the Notice of
Violation
Sincerely
Eric Mularski P W S
Environmental Scientist
Cc Ms Sue Homewood NC Division of Water Quality
Mr John Thomas US Army Corps of Engineers
Mr Stephen G Chambers Chambers Engineering PA
Mr Glendon Fetterolf HDR Project Manager
Mr Ronald Geiger HDR Water Resources Section Manager
HDR Engineering Inc of the Carolinas Page 2 of 2

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