20020468 Ver 1_Notice of Violation_20100525

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
May 21, 2010
Debbie Edwards
Soil and Environmental Consultants PA
11010 Raven Ridge Road
Raleigh, NC 27614
RE: Brier Creek Country Club Phase 15 - Land Bay J/M
NOV-2008-SS-0033
DWQ Project # 02-0468
Wake County
Dear Debbie:
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ti'Ar E s 2010
WEU4M AND STM R !RANCH
On August 29, 2008, Lauren Witherspoon from the Raleigh Regional Office of the Division of Water Quality
(DWQ) conducted a site inspection for the tract/project known as Brier Creek Country Club Phase 15 - Land Bay
J/M in Wake County, North Carolina.
On September 24, 2008, DWQ issued a Notice of Violation (NOV) for violations on this property. On October 6,
2008, Soil & Environmental Consultants, PA (S&EC) provided a response requesting an extension of the detailed
response on behalf of Toll Brothers, Inc. DWQ granted an extension and received a detailed response on October
30, 2008. On November 26, 2008, DWQ RRO sent a letter commenting on the detailed response. On December
23, 2008, S&EC requested a meeting to discuss potential resolutions. As a result of this meeting held January 29,
2009, subsequent phone conversations and email correspondence, a response dated April 14, 2009 was provided
to DWQ addressing outstanding issues. An additional restoration plan was submitted on June 8, 2009 after
conversations with the engineer regarding the planting plan and modification of the stormwater system
discharging to the rip-rap dissipation After multiple email and phone conversations with the engineer and S&EC,
S&EC provided additional modifications dated August 5, 2009 for the stormwater system discharging to the rip-
rap dissipator. On November 25, 2009, DWQ received the Vegetative Planting Plan per our requirements for the
riparian buffer behind lots 736, 737, and 738.
During a site inspection, DWQ determined that the level spreaders located behind Lots 714 and 726, had been
maintained and modified and were functioning as intended in the August 5, 2003 DWQ Stormwater Management
Plan Approval Letter and was therefore, in compliance with DWQ.
On February 18, 2010, DWQ received a Restoration Plan Completion Notification from S&EC. During the
March 22, 2010 site visit, Lauren Withersooon determined that the restoration had been completed to include
reworking the stormwater outfall and planting vegetation in the riparian buffer. These efforts brought this site
into compliance and resolved the violations noted in the NOV.
Please note that Toll Brothers, Inc. will still need to monitor the survivability of the trees for 3 years to ensure that
a density of 320 trees/acre are remaining at the end of these 3 years. The first report should be submitted to me on
June 1, 2010 and subsequently on June 1 of each year. One
NorthCarolina
Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page 2 of 2
We appreciate your attention to this matter. Please feel free to call me at (919)-791-4251 if you have any
questions or concerns pertaining to this letter and or project.
Sincerely
'Z'
Lauren 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
Atknetto,'L"V4'*s --401 Oversight/Express Review Permitting Unit