20050732 Ver 09_More Info Received_20080214

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Newland
COMMUNITIES
AT THE I ILART OF GREAT LIVING
February 14, 2008
S&EC Project # 5815.w0
DWQ Project # 05-0732
NOV-2008-WQ-0003
Division of Water Quality
Attn: Mr. Danny Smith and Ms. Lauren Witherspoon
3800 Barrett Drive
Raleigh, NC 27609
Re: Reply to the Division of Water Quality's 1/31/2008 Notice Of Violation
Briar Chapel Subdivision
Chatham County, North Carolina
Dear Mr. Smith and Ms, Witherspoon:
This letter is in response to your Notice of Violation letter dated January 31, 2008 (copy
attached). The following restates the issues detailed in the letter and is then followed by
our response,
Required Response Items
1. "at efforts you have taken to temporarily stabilize disturbed areas to prevent
on--site sediment rom reaching wgters of the stele, is Ass,?a,e slaaaa?l e
The disturbed areas have been stabilized with seed and mulch to prevent further
on-site sediment migration.
2. A Stream Restoration Plan submitted to this office for review and approval.
On January 28, 2008, S&EC submitted a Stream (and wetland) Repair and
Stabilization Plan to both the US Army Corps of Engineers and to the NC
Division of Water Quality. The repair and stabilization measures are to address
the incidental resource impacts on Utility Crossings 4, 5 and 6 as well as Road
Crossings A, B, D, M and O.
3. Whether you plan to, or have already remediated the stream and wetland impacts
that exceed what was authorized in your 401 Certification.

The above mentioned Stream (and wetland) Repair and Stabilization Plan, when
implemented, will bring Utility Crossings 4, 5 and 6 as well as Road Crossings A,
B, D, M and O back into compliance with the previously issued 404 and 401
Water Quality Certifications.
4. It is recommended that you contact the Raleigh Regional Office of the Division of
Land Resources and the US Army Corps of Engineers to ensure that your efforts
are in compliance with Division of Land Resources and Section 404 of the Clean
Water Act requirements.
Mr. Monte Matthews of the US Army Corps of Engineers (USACE) has also
received a copy of the above Stream (and wetland) Repair and Stabilization Plan.
During recent conversations with Mr. Matthews, he indicated that he will be
approving the proposed repair and stabilization plan shortly. As stated earlier,
when the proposed plan is implemented, Utility Crossings 4, 5 and 6 as well as
Road Crossings A, B, D, M and O will be brought back into compliance with the
previously issued 404 and 401 Water Quality Certifications.
Also, Chatham County has a delegated Sediment and Erosion Control program
and is fully aware of all the issues at the Briar Chapel Development, We have
been working very closely with Mr. Jim Willis, Lead Sediment and Erosion
Control Officer in Chatham County, to ensure that current sediment and erosion
control violations are addressed through the above plan. Additionally, Mr. Willis
has been included in recent site visits at the Briar Chapel Development to confirm
that the appropriate preventative measures have been taken to protect the streams
and wetlands from any future sediment and erosion control violations.
We hope that this letter, coupled with the previously subi7nitted Stream (amend wetland)
l epair and Stabil zaiin 1 7?lan, t?''?.?: qutoly adre3oscs thin i> -c> rals d in th- gams- iy 31,
2008 NOV letter,
Please call if you have any questions or require further explanation.
Si cerely,
itch arron
Vice President of Operations
Attachments: 1) DWQ letter dated January 3l, 2008
CC: Mr. Monte Matthews, USACE, Raleigh Regulatory Field Office, 3331 Heritage Trade Dr-, Suite 105, Wake Forest, NC 27587
Mr Ian McMillan, NC DWQ, 401 Oversight & Express Permits Unit, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604