20020468 Ver 1_NOV Response_20090102

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Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
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December 23, 2008
S&EC Project No. 3034.P1
Ms. Lauren Witherspoon
NCDENR-DWQ-Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
JAN 2 2009
DENK - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Reference: Brier Creek Country Club Phase 15-Land Bay J/M
NOV-2008-SS-0033
Notice of Violation Response & Notice of Intent to Enforce Response
Wake County, NC
Dear Ms. Witherspoon:
On behalf of Toll Brothers, Inc., Soil and Environmental Consultants, PA (S&EC) has been
contracted to assist with resolution of the alleged violations that were noted in the Notice of
Violation (NOV) dated September 24, 2008. On October 30, 2008 a response to this NOV was
submitted to your office and on November 26, 2008, S&EC received your response.
Subsequently, on December 9, 2008, you and I discussed this project and the November 26th
DWQ response letter. In this discussion, you were amenable to scheduling a meeting with
yourself, Mr. Danny Smith and S&EC for further discussions on potential resolutions to the level
spreader devise behind lots 737 & 738. Since that time 1 have submitted a meeting request via
email as you requested but have yet to receive a scheduled date. Therefore, in addition to
requesting an office meeting with you and Mr. Danny Smith to discuss the potential resolutions to
the level spreader devise located behind lots 737 & 738 at the Brier Creek Country Club-Phase
15, this letter is also requesting an extension of the submittal of the detailed information
requested within the November 26, 2008 DWQ letter until after our scheduled meeting.
It is our anticipation that this is acceptable response until after our scheduled meeting. Following
our meeting we will address the remaining outstanding concerns that the DWQ has outlined it the
November 26, 2008 letter. If you have any questions, please contact me at
[e-mail].
Sincerely,
Debbie Edwards
Environmental Specialist
Attachments: RE: Notice of Violation- 2008-SS-0033 (November 26, 2008)
Cc: Annette Lucus- NCDENR-DWQ, 401/Express Review Permitting Unit
Mr. Lee Honeycutt - Toll Brothers, Inc.
Mr. Jon Moore- John R. McAdams Company, Inc.
Mr. John Hennessey-NPS Assistance and Compliance Oversight Unit
V4 A Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Coleen H. Sullins, Director
Division of Water Quality
November 26, 2008
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Soil & Environmental Consultants, PA
Attn: Debbie Edwards ,. OR 200
11010 Raven Ridge Road
Raleigh, NC 27614
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RE: Notice of Violation & Notice of Intent to Enforce Response Review and Comments
(NOV-2008-SS-0033)
Dear Debbie:
The N.C. Division of Water Quality (DWQ) received a Notice of Violation & Notice of Intent to Enforce
Response for the Brier Creek Country Club Phase 15 - Land Bay J/M Subdivision in response to NOV-
2008-SS-0033 issued by DWQ. While it is believed that a portion of this plan is satisfactory, the
following comments must also be addressed in the restoration plan:
1. Device behind lot 714:
The Duraslot pipe appeared to be working fairly well. Please check the elevations to determine if it
is level and make any necessary adjustments to make the device level. In addition, please repair the
small area of erosion on the north side of the pipe.
2. Device behind lot 726:
The Duraslot pipe was installed in a different location than what was indicated on the plans; please
provide updated plan sheets. Some adjustments need to be made to this device in order for it to
function properly. It appears that little if any stormwater is reaching this device because vegetation
has grown over most of the slots in the pipe. In addition, the Duraslot pipe was set in a low point
between two grades, which will make it difficult if not impossible for it to discharge stormwater.
Please analyze the flow splitter device to see if it is designed and maintained properly to send the
one-inch per hour storm to the Duraslot pipe. Please also regrade the area downslope of the
Duraslot pipe (and revegetate) to ensure that diffuse flow can occur.
Device behind lots 737 and 738:
The DWQ cannot accept an offset payment in lieu of providing an appropriate nitrogen removal
device because this approach does not comply with the Neuse Buffer Rule's Table of Uses, 15A
NCAC 213 .0233. Per this table, the new drainage ditch you are proposing to create through the
buffer must be equipped with a stormwater management facility to control nitrogen and attenuate
flow prior to the conveyance discharging through the riparian buffer. If you want to create a new
drainage ditch through the buffer without providing a stormwater management facility, then this
will require a major variance from the EMC. Before DWQ staff would recommend approval of a
major variance, it would be necessary for us to see a good faith effort to provide stormwater
management at this location.
4. If you wish for Devices 714 and 726 to remain in-place as they are currently built then you will
need to apply for a modification of your stormwater management plan since the devices have not
been constructed according to the DWQ approved plan. Please note that.the above comments NorthCarolina
concerning these devices should be considered in the submittal of this modification. Jl?aturully
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
Brier Creek Country Club Phase 15 - Land Bay J/M
November 24, 2008
Page 2 of 2
5. Please use only shovels, buckets, and wheelbarrows when cleaning the sediment out of the stream.
Take the sediment to high ground and stabilize to ensure sediment stays out of Waters of the State.
It is DWQ's expectation that these comments will be addressed in writing within 30 days. Thank you for
your efforts try to achieve compliance with your stormwater management plan and should you have any
questions regarding this matter please contact me at [phone].
Sincerely
Lauren Witherspoon
Environmental Senior Specialist
Surface Water Protection Unit
Raleigh Regional Office
cc: NPS Assistance & Compliance Oversight Unit - 1617 MSC, Raleigh, NC 27699-1617
401 Wetlands Unit - Attn: Annette Lucas
RRO/SWP File Copy
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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