20090198 Ver 1_More Info Received_20090430

Landis, Inc.
April 29, 2009
Ms. Cyndi Karoly, Supervisor
401 Permitting Group
NC Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Adcock's Nursery Remediation Plan - AFTER-THE-FACT
Ut to Middle Creek (030401, 27-43-15-(4), C, NSW)
Dear Ms. Karoly,
soil science
Groundwater Science
Environmental Science
Land Planning
Landscape Architecture
i K?
1,
?cNR` sTORM?ATER6R??W
Thank you for your letter to Mr. Jeffrey C. and Carol M. Adcock dated April 16, 2009
regarding the subject project. This letter will address your request for additional
information as stated in your letter. The additional information requested is:
1. "In Part B. 3d. of your PCN application, you state that the purpose of the project
is to remediate the site. However, if you intend to leave 0.10 acre of fill in a
wetland or fill in the wetland as indicated in Part C 2F, this site will not be fully
remediated. Please explain."
Response: You are correct that we are proposing to leave 0.10 acres of existing fill in
a wetland. We are also proposing to remove fill from 0.62 acre and create wetlands
in this area. Thereby, we are proposing to increase the amount of wetlands on the
property. It is my opinion that this constitutes remediation of the site as stated in Part
B. 3d.
2. "In Part B. 3e, you discuss creating 0.62 acres of wetlands and 0.62 acre of stream
buffers. If temporary impacts are required, construction then they should be listed
Part C 2a. Please clarify and resubmit."
Response: We are proposing to remove existing fill in the 0.62 acre area. However,
since this area is not currently wetlands, we not anticipate any impact to wetlands as
we conduct the remediation work that should be included in Part C. 2a. Since, the fill
P.O. Box 30069
Raleigh, North Carolina 27622
telephone [phone]
facsimile 919.787.9355
BARRETT KAYS Page 2 4/29/2009
covers an existing stream channel we did include some temporary impacts under Part
C. 3a.
3. "Part D. I a. does not indicate how you plan to avoid and minimize impacts to the
wetlands. Although, this is an "After-the-Fact" application, impacts to remaining
wetlands need to be minimized. Please explain how you intend to avoid and
minimize impacts to the wetlands."
Response: Under Part D. Ib. it indicates that the remediation work will occur only in
areas previously impacted. Therefore, we will be not conducting any remediation
work in wetlands and as such this constitutes avoidance and minimization.
4. "Diffuse Flow is required (refers to remediation plan) for this project. However,
Sheet I of 6 of the remediation plan shows a discharge from the pond discharging
straight into the Zone 2. Please provide a diffuse plan for the site."
Response: Yes, Sheet 1 of 6 shows a riser barrel for the discharge of high flow events.
The plan also shows a level spreader device that operates for water elevation from
413 to 414 feet. The level spreader is a permanent device that utilizes a Faircloth
skimmer, aluminum piping, and 160 foot perforated aluminum level spreading
device. Sheet IA of 6 also shows details of the level spreader device. We have been
using this type of level spreader for a number of years to handle flows from
stormwater ponds. We have found that this system works very well and requires
substantially less cleaning and maintenance than other types of level spreaders.
"On Sheet 6 of 6, Zone 2 of the riparian buffer is not depicted correctly. Portions
of the pond fill are in Zone 2. Please correct this and resubmit."
Response: We are not proposing to install any fill in the remediation area or to
construct the pond. The area was previously filled and the proposed remediation
work is to remove a substantial portion of the fill. It will be a dug pond.
6. "In Part E. 2e, you indicate that the Certified Local Program is to review the
Stormwater Management Plan and 3c indicates that the Stormwater Management
Plan with proof of approval is attached. However, the letter from Wake County
Environmental Services states that "no stormwater permit is required since there
is no increase in built upon area". Please clarify."
BARRETT KAYS Page 3
4/29/2009
Response: The PNC form only provides for certain boxes to check. Perhaps, we
should add additional boxes and options, but we did not. In light of your comments, I
have amended E. 3c. to read "Has the Stormwater Management Plan been reviewed
and written proof attached"; yes.
7. "On Sheet 4 of 6, please clearly indicate the boundary of the wetlands."
Response: There are no wetlands on Sheet 4 of 6.
I trust that the above explanation and attached documents provides all of the additional
information you need for the PCN application. Please contact me if you have any
additional questions or need further elaboration.
Sincerely,
Landis, ;;4
Barrett L. Kays, Ph.D., FASLA, RLA, LSS
www.barrettkays.com
Attachment: Revised PCN Application
Cc: Mr. Jeffery Adcock, Adcock's Nursery (w/ attachment)
Mr. Matt Hanchey, Hunton & Williams (w/ attachment)
Mr. Monte Matthews, USACOE (w/ attachment)
Ms. Lauren Witherspoon, DWQ RRO (w/ attachment)
0???'FyWjAT?c9QG
o ? -c
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the
Corps:
Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NWP 39 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes No
1d. Type(s) of approval sought from the DWQ (check all that apply):
401 Water Quality Certification -Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes XNo For the record only for Corps Permit:

? Yes XNo
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes >4 No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes No
2. Project Information
2a. Name of project: Water Quality Remediation Plan at Adcock's Nursery, Inc.
2b. County: Wake
2c. Nearest municipality / town: Fuquay-Varina
2d. Subdivision name: NA
2e. NCDOT only, T.I.P. or state
project no: NA
3. Owner Information
3a. Name(s) on Recorded Deed: Jeffrey C. & Carol M. Adcock
3b. Deed Book and Page No. 10931 0839
3c. Responsible Party (for LLC if
applicable): NA
3d. Street address: 6141 Sunset Lake Road
3e. City, state, zip: Fuquay-Varina, NC 27526-8605
3f. Telephone no.: 919-552-8286
3g. Fax no.: 919-552-7050
3h. Email address: [e-mail]
Page 1 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5.
5a.
5b. Agent/Consultant Information (if applicable)
Name: Barrett L. Kays
Business name
(if applicable): Landis, Inc.
5c. Street address: 3908 Bentley Brook Drive
5d. City, state, zip: Raleigh, NC 27612-8076
5e. Telephone no.: 919-787-1617 cell 919-696-6930
5f. Fax no.: 919-787-9355
5g. Email address: [e-mail]
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 0668552790
1 b. Site coordinates (in decimal degrees): Latitude: 35.634550 Longitude: - 70.781333
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 14.31 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to

proposed project: Middle Creek
2b. Water Quality Classification of nearest receiving water: Class C - NSW
2c. River basin: Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Site has been graded for expansion of agricultural ornamental nursery production.
3b. List the total estimated acreage of all existing wetlands on the property:
0.10 acres of wetlands as determined by COE have been previously filled on the site
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
255 lineal feet of intermittent stream channel as determined by DWQ has been previously filled on the site
3d. Explain the purpose of the proposed project:
Water Quality Remediation of Site
3e. Describe the overall project in detail, including the type of equipment to be used:
Project involves the remediation of approximately 0.62 acres of the site to (1) removed existing fill with dozers and hoes,
(2) construction of pond, (3) construction of 255 LF stream channel, (4) construction of 0.62 acres of wetlands, and (5)
construction of 0.62 acres of stream riparian buffers.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? Yes ? No ? Unknown
Comments: Determinations have been made as part of
enforcement NOV-2006-SS-0007
4b. If the Corps made the jurisdictional determination, what type
of d
t
i
ti
? Preliminary Final
e
erm
na
on was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: COE
Name (if known): Monte Matthews Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
April 21, 2006 COE determination; April 18, 2006 DWQ determination; NOV-2006-SS-0007
5. Project History
5a. Have permits or certifications been requested or obtained for
thi
? Yes >1 No ? U
k
s project (including all prior phases) in the past? n
nown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes ;<No
6b. If yes, explain.
Page 3 of 10
PCN Form -Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
XWetiands Streams - tributaries Buffers
? Open Waters Pond construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary
W1 % P ? T Existing fill ? Yes
? No Corps
? DWQ 0.10
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.10
2h. Comments: Wetland determination made by COE in enforcement action NOV-2006-SS-0007
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P D4T Removal of fill Unnamed ? PER
gINT Corps
? DWQ < 5 ft. 237
S2 ? P X T Temp.check dams Unnamed ? PER
INT Corps
? DWQ < 5 ft. 18
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 255
3i. Comments: Stream determination made by DWQ in enforcement action NOV-2006-SS-0007
Page 4 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean
or any other open water of
,
the U.S. then individual) list all open water im acts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts 0.00
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d.
5e.
Pond ID Wetland Impacts (acres) Stream Impacts (feet) Upland
Proposed use or purpose
(acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1 Irrigation Recylcing
0.14
P2
5f. Total 0.14
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes >4 No If yes, permit ID no:
5i. Expected pond surface area (acres): 0.14
5j. Size of pond watershed (acres): Approx. 7 acres
5k. Method of construction: Excavation
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require miti
ation
then
MU
g
,
you
ST fill out Section D of this form
.
6a.
Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? El Catawba ? Randleman
6b. 6c. 6d. 6e. 6f.
Buffer impact 69
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for
Stream name miti
ation
g
(square feet) (square feet)
Tem o
ra T im act
required?
61 ? P ? T Remov aI of Fill Unnamed ? Yes 15,300 10,200
:B 2 ?P?T ?Yes
[ ? No
B3 ?P?T ?Yes
? Mn
6h. Total buffer impacts 15,300 10
200
6i
Comm
t
B ,
.
en
s:
uffer impacts as determined by DWO in enfnrcamon+ n,. inn Ki nv IM cle, MA^-,. _
Page 5 of 10
_...." . _, _VvvI , Niviect ww restore DuTrers.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts predate this permit application; this is an after-the-fact permit application
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Remediation work will occur only in areas previously impacted
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes X No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
2c. If yes, which mitigation option will be used for this
project? Note: DWQ has required that project be referred
to as "remediation". The permittee will be responsible for
implementation of the remediation plan. ? Mitigation bank

? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature:
4d. Buffer mitigation requested (DWQ only) ? warm ? cool ?cold
square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
The proposed project involves remediation rather than mitigation: the nroooSPrl remarfinfinn nines is fx+4mrhaA
Page 6 of 10
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes W No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified X Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
fKYes ? N

Comments: Please see attached remediation plan. o
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? <10%
2b. Does this project require a Stormwater Management Plan? ? Yes XNo
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Exempt under local code requirements
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Wake
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): NA ? Water Supply Watershed
? Other:
3c. Has the Stormwater Management Plan been reviewed and written proof attached? XYes ? No
4. DWQ Stormwater Program Review
? Coastal counties

4a. Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply): NA
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? NA ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? 0Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? XYes ? No
Page 8 of 10
PCN Form -Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes KNo
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, XYes ? No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? XYes ? No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): NOV-2006-SS-
0007; DOJ settlement agreement is pending until 404/401 permitting
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
ddi
i ? Yes D<No
a
t
onal development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement) -
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
NA
Page 9 of 10
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ;KNo
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
COE enforcement action review
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes XNo
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
COE enforcement action review
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes D<No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
COE enforcement action review
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes %No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Wake FEMA Maps
212Y10
Mr. Jeffrey C. Adcock
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's sig a ure is valid only if an authorization letter from the applicant
is provided.)
Page 10 of 10