20060447 Ver 1_NOV Response_20080403

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Soil & Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: [phone] Fax: [phone]
www.SandEC.com
April 3, 2008
S&EC Project No. 4865.W8
Ms. Natalie Landry
NCDENR-DWQ
Raleigh Regional Office
3800 Barrett Drive, Suite 101
Raleigh, NC 27609
Reference: Olde Towne
Mr. Danny Smith
NCDENR-DWQ
NPS Assistance and Compliance Oversight
1617 Mail Service Center
Raleigh, NC 27699-1617
Notice of Violation Response
Wake County, NC
USACE Action ID SAW-2006-20287-292
NC DWQ Project No. - 477, Revised 2
Dear Ms. Landry and Mr. Smith:
As requested in your March 7, 2008 Notice of Violation (NOV) and as discussed during
the site meeting on February 5, 2008, Soil & Environmental Consultants, PA (S&EC) has
been engaged by Olde Towne, LLC to prepare a Sediment Impact Delineation Report and
Clean-up Plan for in-stream sedimentation which has occurred within the referenced
project site. In addition, further discussions between S&EC, Olde Towne, LLC, the US
Army Corps of Engineers and yourself has led to S&EC preparing this NOV response.
Within the March 7, 2008 NOV, the following violations were listed and identified:
I. 401 Water Quality Certification Conditions Violation
II. Removal of Best Usage
III. Wetland Standards
IV. Other Waste (in-pond sediment)
V. Neuse Buffer-Diffuse Flow
VI. Stormwater General Permit (NCGO10000) Condition Violation
The remainder of this letter will respond to each item individually; the original request
will be in italics followed by our response:
Documentation depicting all jurisdictional features (e.g. steams, wetlands, and
buffers). A description and quantification of the impacts to those jurisdictional
features and your plans to avoid further stream, wetland, and buffer impacts on the
site.

Olde Towne
Soil & Environmental Consultants, PA
Apri13, 2008
Project No. 4865.W8
The original project application submitted to both the US Army Corps of Engineers
(USAGE) and the NC Division of Water Quality (NC DWQ) on March 17, 2006
depicted all the jurisdictional features present on the Olde Towne site. Additionally,
all of the proposed impacts were included within the application package that was
subsequently approved (USAGE Action ID SAW-2006-20287-292, NC DWQ Project
No. 06-0477, Revised 2).
Since that time, an un-buffered, unimportant channel (see NBRRO #99-244 from Mr.
Steve Mitchell and associated Buffer Delineation Sign-Off map) was mistakenly
relocated in the vicinity of previously approved impacts T-4 and T-5. Due to a
misunderstanding as to the status of the stream channel, the applicant thought that no
permit was needed to move the channel to its current location. On November 1,
2007, this unauthorized channel relocation was shown to Mr. Monte Matthews
(USAGE). At that time the applicant also voluntarily suspended all work on the Olde
Towne site until a resolution could be proposed and agreed upon with respect to the
stream relocation. Subsequent correspondence with both Mr. Matthews and Ms.
Fuentes of the NC DWQ discussed the reasons for moving the channel without prior
approval as well as the plans to stabilize and restore the stream channel.
It should also be noted that as of March 18, 2008, the original approvals for the Olde
Towne project expired. It will therefore be necessary for the applicant to reapply for
the impacts not completed at this time on the subject site. To this end, S&EC has
been engaged by Olde Towne, LLC to prepare and submit a re-authorization
application package for the permanent and temporary impacts that were approved in
2006 but have not been completed at this time. This re-authorization application
package will also include impact maps that quantify impacts to the un-buffered,
intermittent stream channel that was mistakenly relocated as well as justification for
allowing it to remain in its current position.
We anticipate providing this information to the NC DWQ and the USAGE within the
next 60 days.
2. Stream Restoration Plan-Please explain how you plan to restore the pattern, profile
and dimension of the impacted stream channel to include the removal of earthen fill
and restoration of the riparian area. The streambed must be restored to the original
profile and the stream banks must be stabilized. The riparian zone must be restored
to the original vegetation. Please see the Guidelines for Riparian Buffer Restoration
(October 2004) for assistance in developing your plan (available on the web at:
http://www.nceep net/news/reports/buffers pdfl. Be sure to include the types of native
woody vegetation selected, methodology of planting and a site map indication the
location of the replanting efforts.
As outlined in the previous response, S&EC has been engaged by Olde Towne, LLC
to provide the NC DWQ and the USAGE with a Stream Stabilization plan as well as
an "after-the-fact" permit request for the channel relocation. It should be noted that
the channel in question is un-buffered and therefore, no buffer restoration will be
proposed. This plan and the "after-the-fact" permit request are currently being
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Olde Towne
Soil & Environmental Consultants, PA
Apri13, 2008
Project No. 4865.W8
developed and will be submitted to both the USACE and the NC DWQ for approval
under separate cover within the next 60 days.
3. Pond and Wetland Restoration Plan (sediment impacts) -Sediment impacts to the
pond and wetland must be removed. As a part of this plan, you should provide the
amount (depth) of material that has been deposited in the pond and wetland. This
information should be depicted on a map you provide. It is recommended that you
use hand labor (buckets, shovels and wheelbarrows) to remove deposited sediment
from the wetland and the pond. The sediment should be removed from the pond and
the wetland, taken to high ground and stabilized. Also, the plan must address the
measures that will be used for temporary stabilization/sediment control while this
work is under way.
As discussed previously, S&EC has been engaged by Olde Towne, LLC to develop a
Sediment Delineation and Removal report. This report is currently being developed
and will be submitted to both the USACE and the NC DWQ for approval under
separate cover within the next two weeks.
4. A Riparian Buffer Restoration Plan to this office for review and approval. Please
clearly indicate the site conditions as they currently exist and how you propose to
restore diffuse flow in the riparian buffer.
As previously stated, the unauthorized channel relocation occurred on an un-buffered,
Intermittent stream channel, therefore, no Riparian Buffer Restoration is being
proposed. Additionally, the March 7, 2008 NOV letter stated that "concentrated flow
through the buffer of the UT to Big Branch for approximately 50 feet, located in the
southwest portion of the property, northeast of Rock Quarry Road and below a
sediment basin "was observed during the February 29, 2008 site inspection. We are
currently unclear as to the location of the alleged violation as there are 3 sediment
basins in that particular area (Basins 4, 5 and 6). We therefore are requesting
clarification as to the location of the concentrated flow through the Riparian Buffer
that you observed so that we can better address your concern. Additionally, in the
original Approvals from both the USACE and the NC DWQ, the discharges from
sediment basins 4, 5 and 6 were documented and the associated impacts were
approved.
S. Permit Application - If you wish for any impacts to remain in place, you must contact
the U.S. Army Corps or Engineers (USACE) and the DWQ to modify your current
404 and 401 permits.
S&EC has been engaged by Olde Towne, LLC to prepare and submit a re-
authorization request for the impacts that were originally approved in 2006 but not
completed by March 18, 2008. This submittal will also include an "after-the-fact"
permit request for the relocated un-buffered, intermittent stream channel: This
application package is currently being prepared and will be submitted to both the NC
DWQ and the USACE within the next 60 days.
6. Provided [sic] a statement that the Erosion and Sedimentation Control Plan is on-site
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Olde Towne Apri13, 2008
Soil & Environmental Consultants, PA Project No. 4865.W8
and note where on-site the plan is kept.
The Erosion and Sedimentation Control Plan is in the new monitoring box just to the
southeast (about 20 feet) from the construction trailer at the New Hope Entrance.
We anticipate that this addresses all of the DWQ's concerns. If you have any further
questions or any additional explanation is needed, please don't hesitate to call.
Sincerely,
j ` ~
Nicole J. Thomson
Regulatory Specialist
Cc: Mr. Monte Matthews, USACE, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587
Ms. Cyndi Karoly, DWQ, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604
Mr. Rocky Keim, Olde Towne, LLC, 387 Medina Road, Suite 600, Medina, OH 44256
Mr. Patrick Paine, City of Raleigh, PO Box 590, Raleigh, NC 27602
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