20081610 Ver 1_More Info Received_20081210

?IVfCIQM&CREED
To: DWQ Raleigh Regional Office -
401 Oversight/Express Review Permitting
Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
ATTENTION: Ms. Cyndi Karoly, Supervisor
LETTER OF TRANSMITTAL
Date: December 9, 2008
PROJECT NO: 4936.0002 TASK NO: 1
RE: Blackwood Property
TRANSMITTAL NO: PAGE 1 OF 1
WE ARE SENDING: ® Originals ? Prints
? Specifications ? Calculations
? Shop Drawings ? Samples
? Other -
Quantity Drawing No. Rev. Description
1 I I US Army Corps of Engineers Response Letter
Status
H.
Issue Status Code: A. Preliminary B. Fabrication Only C. For Information D. Bid
E. Construction F. For Review & Comments G. For Approval H. See Remarks
Action Status Code: 1. No Exceptions Taken 2. Make Corrections Noted 3. Other
4. Amend & Resubmit 5. Rejected -See Remarks
REMARKS: Feel free to contact us vlith anu furthor aupctinuc Thn"L- uni,
[R@ Rqwf? 5
DEC 1 0 2008
DENR. - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
1730 Varsity Drive Suite 500, Raleigh, NC 27606 919/233-8091 Fax [phone]
cc: McKIM & CREED, PA
S:\4936 - Mid Atlantic \ 0002 - Blackwood Property\ 10-Comm\Transmittals \LOT_CKarol,
Updated 1-1-08
v MCKIM&CREED
v
December 9, 2008
S U R V E Y O R S
P L A N N E R S
Venture IV Building
Suite 500
1730 Varsity Drive
Raleigh, NC 27606
919.233.8091
Fax [phone]
www.mckimcreed.com
Andrew Williams
Regulatory Project Manager
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Dr., Suite 105
Wake Forest NC, 27587
RE: Blackwood Property (SAW-2008-03084)
Dear Mr. Williams:
E N G I N E E R S
M&C# 04936-0002
In response to the notification of unauthorized activity letter (attached) received
from U.S. Army Corps of Engineers; Raleigh Regulatory Field Office dated
November 20, 2008 we are providing the attached stream restoration plan as well
as the sediment and erosion control plan that we originally submitted to
NCDENR on September 12, 2008. We received a response from DWQ for the
submitted restoration plan and sediment and erosion control plan on September
24, 2008 (see attached letter). Based upon this letter, stream restoration and
sediment removal began in October 2008.
We monitored the stream restoration very closely throughout the process and
conducted cross sectional surveys to verify quantity of material removed from
the stream. Currently the contractor is nearing completion of the stream
restoration, with an approximate finish date of December 12, 2008. At such time
we will survey the stream for sediment removal and determine if removal is
adequate based upon the restoration plan. If so, we will contact NCDENR for a
final site inspection.
Additionally we received a request for additional information from DWQ (see
attached letter dated 11/18/2008) requesting verification that the USACE is
permitting the project under a NWP No. 40. After our phone conversation on
December 4t", 2008 it is our understanding the project will be permitted under a
NWP No. 18 which does not require prior notification by USACE. It is also our
Mr. Andrew Williams
12/9/2008
Page 2 of 2
understanding that submitting this letter and attached documents, the USACE
shall be in receipt of all required items to permit the project under a NWP No. 18.
Additionally, DWQ once provided documentation of the resolution of the notice
of violation should also be in receipt of all items needed for permitting of the
project.
Please contact Dale Hyatt in our office at [phone] or Everette Knight (919) 623-
0000 with any questions.
Sincerely,
McKIM & CREED, P.A.
C
66666
Everette Knight, PE
Director of Stormwater Services
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
Cyndi Karoly, 401 Oversight/Express Review Permitting Unit
David McGee, Mid-Atlantic Infrastructure Systems
v? MCKIM&CREED
NOV. 20'2008 16:08 919 562 0421 USACE RAL REG #782 P2
:? D
g
U.S. ARMY CORPS OF ENGINEERS b i_ L 1 0 2008
Wilmington District Dcl .- -•,., ck QUALITY
Action ID: SAW-2008-03084 County: Orange wenlwos.?n.J 3TORMWATER BWWCH
NOTIFICATION OF UNAUTHORIZED ACTIVITY / PERMIT NONCOMPLIANCE
Responsible Authorized
Party William Blackwood Agent
, 422 Mount_Carmel Church Road
Address Chanel Hill, North Carolina 27514 Address
„Telephone Number _919-933-0561 Telephone Number.
and Location of Property_(waterbody,_Hlghway name/number, town, etc.): Approximate 96
acre tract located at 1422 Mount Carmel Road, near Chapel Hill, Orange County, North Carolina.
Description of Unnutboriized Activity / Permit Noncompliance: On 28 August 2008, an inspection
was conducted at this site. Based on the previously submitted information and the site visit, a
determination was made that approximately 400 linear feet of stream channel, which lacked im. portaut
aquatic function was filled for ground leveling purposes. On October 22, 2008, we received your
application for a Nationwide Permit (N .P) 40 for Agricultural Activities. The Corps does not plan to
issue a verification of the project under NWP 40, but the project is authorized by a Nationwide Permit
(NWP) 18, which did not require prior notification to the Corp of Engineers. However, the inspection
revealed that the site was not in compliance with NWP General Condition 412, which states, "Appropriate
soil erosion and sediment controls roust be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark
or high tide line, must be permanently stabilized at the earliest practicable date, Permittees are
encouraged to perform work within waters of the United States during periods of low-flow or no-flow."
Indicate Which of the FollowiuQ Aau V:
_aUnauthorized Activity River and Harbor Act, Section 10 (33 USC 403)
--ZJNoncomp.Uance with Permit __--aClean Water Act, Section 301(33 USC 1311)
Unless you have a Department of the Army Permit for the above described activity, it is a violation of federal law
as specified above. You have agreed to do no further work in waters or wetlands without the required Department
of the Army Permit. Any further unauthorized work in waters or wetlands will be considered an intentional
violation of federal law. If you do no further work in waters and wetlands, and perform the remedial action
requested below, the Corps of Engineers will take no further action in this matter. If you continue to
work in waters and wetlands without the required authorization, and/or fail to perform the requested
remedial action, the Corps will take further administrative action, and may request the U.S. Attorney to
file suit against you. If you need further infonnation about the Corps of Engineer, regulatory program.,
please contact Andrew Williams at telephone number 919-5544884 ex. 26
Remedial Action Re uested: 1. install and maintain appropriate sediment and erosion control measures
at the site. 2. provide any and all documentation regarding the current sediment and erosion control
measures in use at the site. 3. provide plans and an implementation timetable for restoration activities
downstream of the permitted activity. 4. provide any and all documentation from the State Division of
Water Quality and the Orange County Sediment and Erosion Control Division, that indicates past and
current status with state and local erosion and sediment control regulations.
NOV.?-0'2008 16:08 919 562 0421 USAGE RAL REG #7821 P.003/003
In the future, prior to the placement of any fill material on property that you own, you are advised to
contact the United States Army Corps of Engineers to assist in malting a determination if the placement
area is a water of the United States.. Waters of the United States, include perennial and intermittent
streams, any ponds contracted within these stream types and all adjacent wetlands.
Your signature acknowledges receipt of this notification. Return a signed copy of this notification to
the Raleigh Regulatory Field Office in the enclosed pre-addressed envelope.
Property Owner / Responsible Party Signature
Regulatory Project Manager Signature„ y ? A4Z ---
Date ,'7o /V0rC^-4 a4 6 8
WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FME COPY OF THIS FORD.
CE:
Lauren Witherspoon
Environmental Senior Specialist
North Carolina Depart w nt of Natural Resources
Divisions of Water Quality
3$00 Barrett Dive
Raleigh, North Carolina 27609
Eric W. Kulz
Environmental Specialist
401 Oversight and Express Permitting Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Everen Knight, PE
Director of Stonrnwater Services
McX= & Geed
Venture IV Building, Suite 500
1730 Varsity Drive
Raleigh, North Carolina 27606
`v MCKIIV &CREED
E N G I N E E R 5
S U R V E Y 0 R 5
PLANNERS
September 12, 2008
Ms. Lauren C. Witherspoon
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
MCE# 4936-0002 (40)
RE: Requested Stream Repair Plan Response for NOV 2008-SS-0025
1422 Mt. Carmel Church Road
Dear Ms. Witherspoon:
Attached please find a Restoration Plan for instream sediment removal and a
Sediment and Erosion Control Plan (S&ECP) for existing site activities as
requested in your Notice of Violation letter dated July 14, 2008. The S&ECP
addresses providing sediment control for onsite cleared areas according to
methods required under the North Carolina Sedimentation and Sediment
Control Planning and Design Manual (revised 2006) including an onsite
sediment permanent storage.
For general use, I've summarized a timeline of key occurrences leading up to the
NOV and subsequent actions taken since its issuance.
Timeline:
+ January, 2004: start of site improvements
+ June, 2007: installation of HDPE pipe and grading in area of concern
Venture IV Building
site 500 ' July 8, 2008: field visit by DWQ observing piping and sediment within
stream
1730 Varsity Drive
+
Raleigh, NC 27606 July 14, 2008: issuance of NOV
919.233.8091
Fox 919.233.8031
vevi w. m c k i m creed . corn SA4936 - Mid Atlantic10002 - Blackwood PropertMO•Permitlslream sediment removal Ian9uageidral1 letter to Witherspoon 090908.doc
• July 17, 2008: letter received by Mid-Atlantic Infrastructure Systems, Inc. (MIS)
• August 1, 2008: letter from McKim & Creed stating that we have been retained by MIS to
perform consulting services as requested in the NOV
• August 13, 2008: phone discussion between Mr. Everette Knight and Ms. Witherspoon
regarding request for extension
• August 15,2008: date of letter from McKim & Creed formally requesting extension of
NOV response deadline to September 15, 2008
• August 28, 2008: date of field meeting between McKim & Creed, Spangler
Environmental (wetlands/Waters of the US specialists) and the United States Amry
Corps of Engineers (ACE) to determine limits of Waters of the US
• August 1, 2008 - September 11, 2008: Various field visits by McKim & Creed staff to
determine limits of stream aggradation, locations for sediment control devices, etc.
McKim & Creed has prepared sediment and erosion control plans and stream restoration
strategy per field work, discussion with your office and the ACE. Please note that the ACE
determined that the limits of the Waters of the US start where the existing pipe now outfalls and
therefore we have shown the limits of the stream clean up as starting from this point proceeding
to the confluence with Buck Branch. Per your July 14, 2008 letter (your letter's language in bold
face type) we have provided responses in italics:
Item I: Other Waste (In-stream sediment) Violation
The attached repair plan and sediment control plan address sediment removal for the length of stream that
the ACE determined was jurisdictional (approximately 555 linear feet).
Item II: Removal of Best Usage (culvert placement in unnamed tributary to Buck Branch)
Per the ACE field visit, the pipe was placed in a drainage Swale for which the ACE did not define as
jurisdictional Waters of the LIS and therefore placement of the culvert does not represent an impact to
jurisdictional Waters.
Item III; Failure to Secure a 401 Water Quality Certification
MIS did not file a Pre-construction Notification (PCN) for the placement of the culvert; because they
were under the impression that they were exempted under the Agricultural Rules & Regulations.
However, due to the culvert being placed outside of jurisdictional Waters of the US limits, a 401 Water
Quality Certification and PLN would not be applicable for culvert installation.
SA493&-Mid Atlantic10002-Blackwood PropertyW-Permitlstreamsediment removal languagetdraRletter to Withersp I?KIM&CREED
Please contact us with any questions you have regarding the attached information and advise
us as to when our client should begin clean-up operations.
Sincerely,
McKim & Creed, P.A.
ZI "o)4 :41
Everette H. Knight, P
Director of Stormwater Services
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SIAD36-Mid Atlantic\0002-Blackwood Property\40-Permitlstraamsediment removal languageldreftletter to Withers I?KIM&CREED
McKim & Creed, PA
September 12, 2008
Restoration Plan for 1422 Mt. Carmel Church Road (NOV-2008-SS-0025)
1.0 Sequence of Stream Repair
1.1 Conduct onsite pre-repair meeting with the following:
¦ Land Owner (the Blackwoods)
¦ Contractor (Mid-Atlantic Infrastructure Systems, Incorporated)
¦ Engineer (McKim & Creed)
¦ Sediment Control Inspection Entity (Orange County)
¦ Agency Staff (NC Division of Water Quality - Raleigh).
At meeting, agree to and flag beginning and ending points for sediment removal as
well as locations of bypass pumping and measurement cross section survey points
(see Section 5.0, Measurement). It is recommended that the cross sections be
surveyed prior to this meeting.
1.2 Conduct and record cross sectional surveys; surveys may be done prior to actual
repair work but should not be conducted significantly prior to actual stream work
(conduct within two weeks of pre-repair meeting).
1.3 If not previously installed, grade for and construct silt fence for construction of
onsite sediment traps as shown on separate sediment control documents; material
removed from stream will be placed behind said fencing and graded into the berms
for these traps.
1.4 Install pump-around sand-bags, pump, and hose. Pump around is meant to
span the entire stream work area (approximately 555 feet; see Exhibit A) and. is
meant to pump clean base flow around repair area during work hours. It should not
be run after work hours or during storm events.
1.5 Remove instream sediment by hand methods being careful not to disturb
existing vegetation and root systems. Sediment removed from stream by hand can
then be moved by machine to the onsite sediment disposal site (berm areas for
onsite traps). Work from upstream limit first to downstream limit. See Section 2.0
for repair methods and Section 3.0 for quantity of material to be removed.
T T ? p' -?/
S:\4936-Mid Atlantic\0002-lilacksvood Property\40-Permit\streamsediment removal language\streamsediment r¢m e 1?06C?&CRi--+EL 1
McKim & Creed, PA
September 12, 2008
1.6 Document removed quantity by re-surveying cross sections (cross sections
should also be photo-documented). Inform sediment control inspector and engineer
when work is completed so that the inspector may have the option of visually
approving the work and the engineer can document removal.
2.0 Repair Methods
Material shall be removed with hand tools (e.g., shovels) to depths described under
Section 3, Quantity for Removal. No vegetation or root systems are to be disturbed.
Sediment may be loaded into machine equipment subject to that equipment being
operated outside of the limits of the existing vegetation. Sediment may only be removed
during non-base flow conditions or with pump-around methods in place for base flow.
No removal shall take place during or after storm events.
The recently deposited sediment is light red to light brown in color with high levels of silt
and sand mixed in with Number 57 stone (3/4 to 1/5 inch stone). Excavation is to be
conducted to the depth of the original stream channel and bankfull flood plain which will
be distinguished by the following characteristics:
¦ darker parent soils which are more firmly compacted
¦ organic matter (leaves, branches, roots)
¦ larger stones in the original stream bed
Once these conditions are encountered, cease excavation. In no circumstance excavate
deeper than one foot on the bankfull flood plain (bank immediately adjacent to the stream
channel) or two feet within the channel itself.
3.0 Quantity for Removal.
The quantity of material to be removed was approximated as 260 cubic yards (CY) per
measurements taken on September 11, 2008 assuming a total length of 550 feet of channel
and average sediment width and depth measurements at four locations as follows: 10.5
square feet (so, 21.0 sf, 7.5 sf and 12.0 sf. The overall average depth of sediment averaged
between 0.8 to 1.4 feet.
S:\4436-Mid Atlantic\0002-Blackwood Propcrty\40.Permit\stn:amsediment removal language\stream sediment mm a e M&CREED2
McKim & Creed, PA September 12, 2008
5.0 Measurement and Documentation
The estimate of material to be removed is not exact and may fluctuate due to storm events
prior to actual repair work. Determination of satisfactory removal shall be gauged in 3
ways, as follows:
5.1. The volume of material removed and graded as sediment control trap berm
material should be measured and quantified as a lump sum cubic yard total which
may be more or less than the total predicted amount of required removal (260 CY).
5.2. Post sediment removal cross sectional measurements shall be surveyed and
compared to existing cross sections at four locations and area of removal calculated
and compared to amounts estimated under Section 3.0.
5.3 An estimation of the average particle size for a'cleaned' riffle shall be measured
through one or more of the following methods: Wolman pebble count, field sieving
or lab sieving of a field sample. One sample measurement is required: The percent
silt/sand/gravel of the exposed clean riffle will be compared with values measured
upstream of the impacted area. The Dso (average particle size) of the cleaned,
exposed stream bed shall be within 50% of the size of the observed upstream Dso
size of 26 mm (newly cleaned riffle will require a Dso between 12 and 52 mm). Note
that contractor or his representative will complete blank values under Table 1.
6.0 Documentation
The contractor will need to provide documentation that the sediment removal project was
successfully completed and shall provide the information listed herein to the engineer
who will in turn forward it to DWQ. Alternatively, the contractor may employ the
engineer or other qualified professional (geofluvial morphologist or geotechnical
engineer) to measure and document on behalf of the client. Documentation shall include
the following:
6.1 pre and post sediment removal photographs
6.2 pre and post cross section measurements (insert into Table 1 or similar format) -
6.3 particle count or sieve analysis data showing the average riffle particle size (Dso)
is between 12 and 52 mm (gravel)
S:\4936-Mid Ailantic\0002•BlackwoodPropetty\40-Permit\slreamsediment removal language\strcamsediment rem ?EJCM&CREED3
McKim & Creed, PA September 12, 2008
6.4 sediment volume calculation of removed sediments
Table 1 Upstream (unimpaired) riffle cross section tneasurements _
i€tcrttiott Bank-fit-11 B,40 fu11 Average Percept Des D.n D D a
area zuii)fli bald full sililsatidTgravelcobble ; `.
Depth - _ ,
sf ft ft rant nun nun 11111
Upstream 2.1
%

r n O O O
rt N
3.8 0.6 7 /o/? /0/7010/21 /0 6 26 -7$ "' ? X 24;

Prior to sediment removal
XS1 ? - _:
XS2
XS3
XS4
Affer sediment removal
XS1
XS2
XS3 - ..
XS4
*for informational purposes only; downstream pre and post sediment removal sections will yield larger results
SA4936-Mid Atlantic\0002-81aclncaodPropertyk40•Permitkstreamsedimentmm vallanguage\stmamsediment rem Q a e?Mt.l ?REE?4
`V? JVJC M&CREED EXHIBIT A: TEMPORARY PUMP AROUND 1"=200'
trio voraftr oti1n, su11. eoo
Ph-e: [phone], fan [phone] BLACKWOOD PROPERTY FSEPT 12, 2008
Roles h North Carolina
?OF N1ATF9P Michael F. Easley, Governor
O G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
"I Division of Water Quality
September 22, 2008
McKim and Creed
Attn: Everette Knight
?`''
1730 Varsity Drive SEP 2 4 2008
Raleigh, NC 27606
RE: Blackwood Farm Restoration Plan Response
(NOV-2008-SS-0025)
Dear Mr. Knight:
The N.C. Division of Water Quality (DWQ) received a letter dated September 12, 2008 in
response to a Notice of Violation issued by DWQ dated July 14, 2008.
1. Please proceed with the sediment removal as DWQ believes that this plan is
satisfactory. Please only use buckets and shovels while performing any work in the
stream. When removing the sediment please do not disturb the natural substrate or
banks of the stream.
2. Please apply for the appropriate permit to satisfy the COE and DWQ requirements for
the placement of the culvert in an intermittent stream. On September 15, 2008,
Lauren Witherspoon (DWQ) spoke with Andy Williams (COE) about this culvert.
The COE and DWQ are in concurrence that in order to be in compliance either the
culvert needs to be removed or a permit will be required.
It is DWQ's expectation that these comments will be addressed in writing within 15 days.
Should you have any questions regarding this matter please contact me at [phone].
Sincerely
Lauren C. Witherspoon
Environmental Senior Specialist
Surface Water Protection Unit
Raleigh Regional Office
cc: NPS Assistance & Compliance Oversight Unit - 1617 MSC, Raleigh, NC 27699-1617
RRO/SWP File Copy
Central Files
NthCarolina
oie
Natura!!y
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
.0 \ ,NA If Michael F. Easley, Governor
William G. Ross Jr., Secretary
Cq r North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 18, 2008
DWQ Project # 08-1610
Orange County
:a fti
CERTIFIED MAIL: RETURN RECEIPT REQUESTED 1
Mr. William Blackwood NOV 1 9 2008
1422 Mount Carmel Church Road
Chapel Hill, NC 27514
Subject Property: Blackwood Property - AFTER-THE-FACT
Buck Branch [030606,16-41-2-9, WSIV, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Blackwood:
On October 21, 2008, the Division of Water Quality (DWQ) received your After-The=Fact
application dated October 16, 2008, to fill or otherwise impact 400 linear feet of intermittent
stream to develop 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.
o
returned as incomplete. Please provide the following information so that we may
` c t
review your project.
awl
Additional Information Requested:
1. Please provide verification that the USACE is permitting the project under a Nationwide
Permit No. 40.
2. The DWQ cannot process your application until your Notice of Violation has been
resolved. Please provide documentation of resolution of your Notice of Violation as soon
as you have secured this documentation.
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.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httu:J-]i2o.enr.state.ne.us/ncwetlands
NorthCarolina
Natura!!Y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. William Blackwood
Page 2 of 2
November 18, 2008
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 time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Sincerely,
10
4 C ndi Karoly, Supervisor
r4 7
Oy versight/Express Review Permitting Unit
CBK/ijm
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Matt Matthews, DWQ Branch Manager
Everitte Knight, McKim & Creed, P.A., 1730 Varsity Drive, Suite 500, Raleigh, NC 27607
Filename: 081610BlackwoodProperty(Orange)On_Hold
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