20070503 Ver 2_Notice of Violation_20081223

OF WATFq o 7. o503
0? QG Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
C Division of Water Quality
December 23, 2008
Wake County Public School System
Attn: Timothy Driscoll
Facilities Building
1551 Rock Quarry Road
Raleigh, NC 27610
Subject: DWQ Response to Froehling & Robertson Report Dated 12/8/08
NOV-2008-PC-0732
Dear Mr. Driscoll:
The Division of Water Quality (DWQ) is in receipt of the Response to NOV-2008-PC-
0732 prepared by Froehling & Robertson, Inc. on behalf of Wake County Public School Systems
dated December 8, 2008 and received by the DWQ Raleigh Regional Office on December 19,
2008. Thank you for submitting a comprehensive report that addresses the issues identified in the
Notice of Violation (NOV). DWQ staff are available for site visits prior to the start of restoration
activities and on the last day of sediment removal activities (with 24-hour notice). DWQ has the
following comments regarding the report. Please respond in writing within 10 days of receipt of
this letter to the comments.
Is there another alternative to installing silt fence near the stream (refer to Report
Section 10.4.1)? Installation of silt fence will require trenching in or near the stream
bank. If a sediment control measure is necessary, please consult with Karen Pageau,
Land Resources Division, to identify the least impacting measure in this sensitive
environment.
2. Review of the report did not show an explanation of how the riprap in Stream C, below
the road crossing (Mills Park Drive), will be addressed. The 401 Water Quality
Certification 07-0503, V2 did not approve this impact. Will the owner apply for
additional impacts through the DWQ Wetlands Unit or will the riprap be removed and
the stream be restored?
DWQ agrees that Impact 2 is not the responsibility of WCPSS, according to the
description provided in the report; therefore, the owner does not have to remove the
sediment from the Wetland (34.66 sq ft of impact). DWQ is in agreement with the
statement in Section 6.13 "Due to microtopographic relief separating Stream A from B,
it is likely that most of the sediment in Stream A upstream of its confluence with
Stream B did not originate from with the project property boundary." DWQ is
requiring the owner to remove the sediment from all other areas of Impact described in
the Report.
One
NP
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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
Page 2
E-22 Mills Park Elementary School
December 23, 2008
4. Stream restoration response should include site sketches of proposed stream features
(e.g, grade controls), dimension, pattern and profile for each stream segment that
requires restoration (refer to Section 10.9). Please include the vegetative filter strip
plan for each segment.
5. As a point of clarification, the NOV field notes state, "This stream has a temporary
road crossing that was not approved in the 401 WQC as evidenced by tire tracks in the
stream channel;" references a place below the road crossing (Mills Park Drive) not
above as suggested in the Report (Section 6.12). This area should be stabilized with
permanent vegetation.
Again, thank you for your prompt and comprehensive response. DWQ appreciates the
detailed descriptions of the impacts to jurisdictional waters. If you have any questions, feel
free to contact me at 919-7914200 or natal ie.Iandrv(dmcmail net.
Sincerely,
C,tj-Lo 05 i llt
Natalie Landry
Environmental Specialist
Raleigh Regional Office
cc: John Hennessy - NPS Assistance and Compliance Oversight Unit
RRO - Water Quality Files
*Cyndi Ywoly,,401 PermittiM 1650 Mail Service Center, Raleigh, NC 27699
Karen Pageau - DLR RRO
Tom Colson, F&R, Inc., 310 Hubert Street, Raleigh, NC 27603