20060447 Ver 2_NOV Response_20080425

Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandRC.com
April 25, 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 Continuing Violation and Intent to Enforce Injunctive Relief
Response
Wake County, NC
USACE Action ID SAW-2006-20287-292
NC DWQ Project No. 06-0477, Revised 2
NOV-2008-PC-0272
Dear Ms. Landry and Mr. Smith:
As requested in your April 16, 2008 Notice of Continuing Violation and as discussed in
previous correspondence on April 3, 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 Continuing NOV response.
Within the April 16, 2008 Continuing NOV, the following violations were listed and
identified:
1. Wetland Standards
II. Removal of Best Usage
III. Stormwater General Permit (NCG010000) 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 ALL jurisdictional
features and your plans to avoid further stream, wetland, and buffer impacts on the
site.
Olde Towne
Soil & Environmental Consultants, PA
April 25, 2008
Project No. 4865.W8
As previously stated in our April 3, 2008 correspondence, the original project
application submitted to both the US Army Corps of Engineers (USACE) 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 (USACE Action ID SAW-2006-20287-292, NC DWQ Project No. 06-0477,
Revised 2).
Our April 3, 2008 correspondence also discussed the un-buffered, unimportant
channel (see NBRRO #99-244 from Mr. Steve Mitchell and associated Buffer
Delineation Sign-Off map) that 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 (USACE). 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.
As we have previously discussed, we anticipate providing this information to the NC
DWQ and the USACE within the next 60 days.
2. Wetland Restoration Plan (sediment impacts) - Sediment impacts to the wetlands on
the site must be removed. Asa part of this plan, you should provide the amount
(depth) of material that has been deposited in all the wetlands. 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.
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. If additional
jurisdictional areas are identified as impacted in the process of completing Item #1,
include these in the restoration plan.
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Olde Towne
Soil & Environmental Consultants, PA
April 25, 2008
Project No. 4865W8
8
S&EC submitted a Revised Sediment Delineation and Clean-up and Stream
Stabilization Plan to both the USACE and the NC DWQ for approval and this plan
was approved April 15, 2008.
3. Provide a solution to the eroding bank of the relocated stream in the vicinity of the
stormwater pond. Stabilize the stream bank to protect the stormwater pond.
This was addressed in the plan approved April 15, 2008.
4. Explain in your response when you anticipate being in full compliance with the
approved Erosion and Sedimentation Control Plan.
The site is currently in full compliance with the approved Erosion and Sedimentation
Control Plan. All of the items noted in the April 12, 2008 City of Raleigh Non-
Compliance Inspection report and the April 16, 2008 Sediment and Erosion Control
Notice of Violation have been addressed. We anticipate a follow up inspection by the
City of Raleigh to formerly document compliance with the approved Erosion and
Sedimentation Control Plan.
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,
ole J. Thom on
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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