20020468 Ver 1_NOV Response_20090416

Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
April 14, 2009

S&EC Project No
3034
P1 d x ?
r 3 ?
^
.
. }

Ms. Lauren Witherspoon - ?? ?!???,
NCDENR-DWQ
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Reference: Notice of Violation & Notice of Intent to Enforce Response
Brier Creek Country Club Phase 15-Land Bay JIM
NOV-2008-SS-0033
DWQ Project # 02-0468
Wake County, NC
Dear Ms. Witherspoon:
On September 30, 2008, Mr. Lee Honeycutt of Toll Brothers, Inc. received a Notice of Violation
(NOV) dated September 24, 2008. At that time, Toll Brothers, Inc. contracted Soil and
Environmental Consultants, PA (S&EC) to assist with the resolution of the violations noted in the
September 24, 2008 NOV. On October 30, 2008, on behalf of Toll Brothers Inc., S&EC
responded to this NOV, which was followed by a "Notice of Violation & Notice of Intent to Enforce
Response Review and Comments" letter from your office on November 26, 2008. Additionally, on
January 29, 2009, an office meeting was held which included representatives from Toll Brothers
Inc., the John R. McAdams Company, S&EC and the North Carolina Division of Water Quality
(NCDWQ). And finally, email correspondence and phone conversations have taken place
between you, Danny Smith and I that included discussions on potential solutions to the
outstanding level spreader issue behind lot # 738, a stormwater management plan modification
and the sediment clean-up plan discussed in the January 29th meeting. As such, this letter
intends to respond to the NCDWQ comments outlined within the November 26th "Review &
Comments" letter and in addition, intends to address the outstanding issues with solutions
discussed in the January 29th meeting along with the solutions discussed in the various
correspondences that have taken place with your office to date.
Below this letter will respond to each "Review & Comments" item individually, the original request
will be in italics followed by our response:
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.
As discussed in our January 29, 2009 meeting, the elevations of this level spreader have
been surveyed (checked) and the "as-builts" are attached for your review. In addition, this
level spreader and areas around it have been repaired and restored as outlined below:
1. All tall vegetation (non-woody) was removed in the area surrounding the level spreader;
2. All natural debris (i.e. grass clippings, leaves, etc.) that concealed the level spreader was
removed;
3. The junction box and connector pipe was inspected for debris and clogging;
4. The interior of the Duralot pipe was flushed out to remove any natural debris, this
involved removing the end cap and using a power washer jetting out the entire length of
the pipe;
5. The lip of the level spreader was surveyed and an area between points B & C needed
correction. This area was corrected; the lip of the level spreader was then re-surveyed
and is now level throughout (see attached level spreader "as-builts").
6. The slope below the slot drain was scarified with rakes, seeded with fescue, and then
matted using staples to ensure no erosion until the slope has grown in sufficiently with
grass. The slope above the slot drain consists of a row of rip rap and junipers - this area
was weeded.
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 re-grade the area down slope of the Duraslot pipe (and re-vegetate) to ensure that
diffuse flow can occur.
As discussed in our January 29, 2009 meeting, the elevations of this level spreader have
been surveyed (checked) and the "as-builts" are attached for your review. In addition, this
level spreader and the Duraslot pipe was field located within the private storm drainage
easement, the detailed repairs of the level spreader and the areas around it are outlined
below:
1. All over grown vegetation was removed in the area surrounding the level spreader;
2. A large tree that had fallen years ago from a storm was cleared and branches were
removed from the level spreader area;
3. The junction box and connector pipe was inspected for debris and clogging;
4. Approximately 1-2 inch of natural debris that covered the top of the Duraslot pipe was
removed using hand labor and shovels therefore again exposing the entire length of the
duraslot pipe;
5. The interior of the Duralot pipe was flushed out to remove any natural debris, this
involved removing the end cap and using a power washer jetting out the entire length of
the pipe;
6. A small section of an area located just east of Point B of the level spreader was forming a
"valley", this area was re-graded and re-shaped to avoid future concentrated flow (see
attached level spreader "as-builts").
7. The slopes around the slot drain were scarified with rakes, seeded with fescue, and then
matted using staples to ensure no erosion until the slope has grown in sufficiently with
grass.
3. 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 2B .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.
Page 2 of 4
In our January 29, 2009 meeting, Toll Brothers Inc. presented three different alternative
nutrient removal options for the existing development in efforts to comply with the NCDWQ
even though the riparian area adjacent to the existing nutrient removal device and stormwater
outfall is not a Protected Neuse River Buffer. These three options were discussed in our
meeting and were determined to be "infeasible" by Annette Lucas of the NCDWQ, these
options and their conclusions were the following:
a) Bio-retention Area:
There is no available land within the existing development that is owned by Toll Brothers
Inc. or that could accommodate an appropriately sized bio-retention area that would be
able to treat the existing drainage area.
b) Filterra Devices:
The locations in which the Filterra Devices would need to be constructed are within the
existing public right-of-way (ROW) that is owned by the City of Raleigh. Additionally, this
ROW contains utilities that would have to be moved in order to accommodate the Filterra
Devices which would require extensive disturbance to existing roads, sidewalks and
private property.
c) Modification of drainage areas in order to separate stormwater flows:
There is only one other possible point to discharge stormwater within the existing
development. This potential discharge point does not have available land owned by Toll
Brothers Inc. to accommodate a nutrient management BMP or the appropriate slopes to
design a level spreader.
As such, Mr. Danny Smith of the NCDWQ made the determination that Toll Brothers Inc.
could remove the existing nitrogen removal device located behind lots 737 & 738 as long as
the following conditions were followed: 1) the area adjacent to the device was stabilized and;
2) that the dissipater pad (stormwater outfall) adjacent to the device is modified to reduce
stormwater discharge velocities and any future erosion.
In efforts to meet these two conditions, Toll Brothers Inc. has provided a deconstruction plan
of the nitrogen removal device behind lots 737 & 738 (see exhibits A, B, C & D) and a
modification plan to the dissipater pad (stormwater outfall) adjacent to the device (see
exhibits E & F).
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 concerning these devices should be considered in the submittal of this
modification.
In our January 29, 2009 meeting, it was determined that a re-submittal of the outlined
modifications that have already taken place of the level spreaders located behind lots 714 &
726 would be a sufficient modification request. Therefore, according to the project engineer,
the following summarizes these changes:
Level Spreader Behind Lot 714:
Perhaps the most important items to mention with regards to this particular level spreader are
that a recently completed as-built survey (copy attached) verifies the following: 1) the
approved level spreader length of 45 LF matches what is constructed in the field; 2) the
downstream slope of the level spreader lip is approximately the same as what was originally
approved (3:1 H:V); and 3) the lip of the level spreader is level.
Page 3 of 4
The most significant change between the previously approved plan and current field
conditions is that the level spreader section (i.e. the lip of the level spreader) for this device
was changed from an earthen berm to a Duraslot pipe (discussed further in the response for
Item 3) of the same length. In our opinion (McAdams), this field change does not change the
function or intent of the level spreader. We believe it will provide at least 3 benefits:
1. The pre-fabricated system is much easier to make level than an earthen berm
2. The pre-fabricated system will resist erosion at the lip.
3. Taking into consideration the adjacent homes, a pre-fabricated device will be
more aesthetically pleasing.
Level Spreader Behind Lot 726:
As with Lot 714, the noteworthy items to mention on this particular level spreader, as shown
on a recently completed as-built survey (copy attached), are: 1) the approved level spreader
length of 34 LF matches what is constructed in the field; 2) the downstream slope of the level
spreader lip is approximately the same as what was originally approved and 3) the lip of the
level spreader is level.
The most significant change between the previously approved plan and current field
conditions is that the level spreader section (i.e. the lip of the level spreader) for this device
was changed from an earthen berm to a Duraslot pipe of the same length.
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.
As requested, Toll Brothers Inc. has cleaned out the sediment for approximately 100 ft., this
area includes the stretch of stream directly behind lots 737 & 738 through to the culvert below
Sporting Club Drive. All sediment was removed by hand with shovels and buckets, taken off
site and stabilized followed by areas seeded with rye grass and wetland seed mix to aid in
temporary and permanent stabilization. Please see attached Sediment Clean-up Completion
Notification report provided by S&EC.
We anticipate that this addresses all of the DWQ's concerns. If you have any further questions or
any additional explanation is needed, please contact me at dedwards(a sandec.com.
Sincerely,
"I I _?.'
Debbie Edwards
Environmental Specialist
Attachments:
1) Level Spreader as builts for Lot 714 & 726
2) Nitrogen Removal Device (level spreader) Deconstruction Plan (Exhibits A, B, C & D)
3) Dissipater Pad (Stormwater Outfall) modification Plan (Exhibits E & F)
4) Sediment Clean-up Notification Report
Cc: Mr. Lee Honeycutt - Toll Brothers, Inc.
Mr. Brandon Finch-John R. McAdams
Mr. John Hennessey-NPS Assistance and Compliance Oversight Unit
Mrs. Annette Lucas-401/Express Permitting Unit
Page 4 of 4
PNOJECT
LOCAT@I
7V ALfXANAR W Vr
;MCP
LOT 714
TOP=345.67
INV.IN=339.67 24" RCP
----I N V OUT= 339.57 8"
INV OUT=339.47 24" RCP
WEIR=344.67
=339.1
i 8" PVC
? 341.00
? 3zin .23
341. AA
EVESPREADEP: 340
9 B 338.50
4: 341.00 .
B: 340.95 4 .42
C: 340
99 341.25
.
D:341.00 340.9 C 338.58
340.99
: 340.9 7 3 055
+
G: X40.96 341.16 339.21
UTILITY LEGEND 341.00
A
EASEMENT LINE
?
9
nT-z r? EXISTING PIPE 3 0 8
PROPOSED PIPE 341.04
+ TOPO SPOT ELEV

340.99 -
G
Z 8.8U
•J
3 0.9
GRAPHIC SCALE 3 0.52
10 ° g 10 z° 341.29 + --
340.9 C 339.
1 inch 10 ft.

OJECT NO.
LAM
BAY J

THE JOHN R. McADAMS
N1
C FILENAME: F(E?o
FIELD CHECK COMPANY, INC.
ALE:+?t0. TM
LEVEL SPREADER AS-BVILT 1 ENGINEERS/PLANNERS/SURVEYORS

TE: 10-23-08
.- RALEIGH, NORTH CAROLINA P.0 a OXR14005 CZIPP27 09-4006
[phone]
PROJECT
LOCATZIN
PHASE 15-
LOT 726
G,
P?
t?
KT.L
350.47 G 350.19
V E L St R r,
`r- D
+3 9.75
B,??: : 3 5 0350. . 4 5 45 350.48 F 35 .45
-}- -?-
C: 350.47 349.64
D: 350.47 350.48E +50.32
r: 350.48 34 .87
_ 350.48 F ES= 50.49 350.47D 350. 6 _Z?_
350.4 I + 50 02
350.47C I 350. +
p +
3 0.13
350.45 B 350.37
+ +35 .21
J=54. f 350.5+7
392 l -? A +
50.45 35 .29
TOP=354.92
INV.IN 351.22 24" RCP
EV OUT= 351.42 8"
INV OUT=351.12 24" Pr-FD
ENE I P 3 5.9 ? UTILITY LEGEND
EASEMENT LINE
EXISTING PIPE
o PROPOSED PIPE
+ TOPO SPOT ELEV
o `1J
GRAPHIC SCALE
10 0 5 10 20
1 inch 10 [t.
PROJBCT N0. TpL-99110
LAND BAY J A THE JOHN I McADAM5
? ??"A"s! FIELD CHECK COMPANY, INC.
a SCALE: 1 ~• t p' LEVEL SPREADER AS-BUILT ENGINEERS/PLANNERS/SURVEYORS
RALEIGH, NO= CAROLINA P.O. BOXH14005 TRIANGLE 2 P 27 09N4005
Cnn DATE: 10-23-08 1 [phone]
NOTE: NO TREES ARE TO BE REMOVED ON LOT 737 OR 738. / o d r
-IUD co
SUPER SILT FENCE OUTLET
(TO BE INSTALLED) SUPER SILT 00
7 -FCCE (TO BE r? - -
`
AtL€-D 7(TYP. )- - - - \ 'r-
\?\ EXISTING TIMBtR 5
\ \ WALL TO BE, REMOVED) 7,
-SF
?_ - -- - - i - r ,
Sf - I '- 1
- -? ? i- - - - ^NCQOT A RI R P
- ? sf -----??' -_._---- -- - -- \?? JB 12 ' x/r11 p
- -- - ?4 - - _ _ JBW s r ?J? i
EXISTINGPERFORATED
ADS -12-17-0- DURASLO_T - - \\
N-12 @ 0.55% 1c'ONSfRftMf ON
1 \ ,
(VARIABLE 1TEfGH?SL-0S? ACCESS (A EA
- ` 34 LF 12" .0 AQS N-12 \ TO BE \
(TO BE REMOVED) (A-ASHTO TYPE 'S') - RESODDE ) \
- -- -- -- - - - , HDPE
(TO BE REMOVED_
- I \ JB?IV I-2D- - .,
COORIDOR FOR RIM=371.50
WORK ACTIVITY - I NV IN=365.55(30- \
INV- "3.6"8
- - I \ I INV OUT=366.90 (12") /
EX. WEIR CREST=3§-8,r,5 \
\ I INV -GU-l-=-M5--50-(36")
OT 73 (TO REMAIN) \
L
LOT 7-3,7
L-0 T
I I ,?
( \\ I \
E)fflIB\I A
Paorecr No. TOL-99110 THE JOHN R. McADAMS
tiLta'utt` DWOREVISION,DWG LOT 737 AND 738 ACOMPANY, INC.
SraLF,: 1 _ 30' LEVEL SPREADER WALLS ENGINEERS/PLANNERS/SURVEYORS
RESEARCH TRIANGLE PARK, NC
r DACE: 04-06-09 BRIER CREEK - PINE VALLEY P.O. RBx 14005 ZIP 27709-4005
RALEIGH, NORTH CAROLINA [phone]
* -1 z I
D
m co z X
rn cn ? w N Z m?? cn I
Z7. A G -D (n x ;u x Z O X ,? Z I
r?j umi < 0 D x I^ < K? ? O0 O Z O I ^co
cl)
O O DO mm O O D
O -+
O < Dcn < <r mm0 I O -
> ;u
O m D ? D m ©r O OC = O
O D < D ? co In D -I z I m- -0.
Z r m00 r D c -Zm O Kn O
I 1n
? C7 C)n 02 rq m? Ar I z O
< D
CU m z O
Oi L ZO O0 ? D > Ln O- I O ?u
O r m? m? I O
z m (n O Z r D m m
O m a D U) _ m :. ': I I o
D 1n z
m O m;u C) z
O InP
In O < -u D ? I
cn O m DO O Dw
z ;u om c Wm I
;u -1 O Co D F iz? O
m ;u
D C -1-I 2 r- m m
O c me p O Ii
D
O CD --12 z
z m 0C) -0 ? I
o ?
m A O D m m .I
D rn m O
D W ;lD C S-0
---I Z D D O x
O x r c -9 TmT VIA
1
m Oc > mO ^m
0 X
(n rn0 --1 (DAD 0
D cD Om CD =j
m 2z + ?O mz
r_ m O < O
:0
D DO N? ?zzO?
CD m
z= uzi rv mI mm
mm - X°o ??
m O K N D
m CO
r m I m
O
_ I
r
I
?X
cu :j
x x - m Z
O
m -c
O m
< m
rn ?
F?1 v, o
m 0, D
0 C
x m m r
z zr
N
C) 1n
C)
r- rn
om
W r Z
Z m
O MEN"
PROJECT NO. TOL-99110 THE JOHN R. McADAMS
IlLo FIMNANTE' DWQREVIStON.DWG LOT 73 8
COMPANY, INC.
N, r.s. LEVEL SPREADER WALLS ENGINEERS/PLANNERS/SURVEYORS
i
RESEARCH TRIANGLE PARK, NC
uxre: 04-06-09 BRIER CREEK -PINE VALLEY P.O. BOX 14005 ZIP 27709-4005
RALEIGH, NORTH CAROLINA (919) 36I-5000
STANDARD MANHOLE LID
TOP TO READ "STORM"
#4 f4 6"
#4 ® °.C
12,
NOTE: 36" CMP'S ARE SKEWED
TO FACE OF JUNCTION
60X. SEE PLAN VIEW DETAIL.
°0 NINC Ls

2
8 OP'

®
0
EXHIBIT
ON BOX WITH INTERI
N TS
a
C) U 0
J
O
M
12" PVC SPREADER
F INTERNAL WEIR" FLOW
36.,
C'M,o
REMOVE PIPE AND
F??
T
PLAN VIEW
*NOTES:
1. EX. INTERNAL WEIR WILL BE REDUCED IN HEIGHT TO
APPROXIMATELY ONE FOOT HIGH.
2. PROVIDE 4" (OR LARGER) OPENINGS ON THE BOTTOM
OF THE WEIR WALL. 4 OPENINGS (2 EACH SIDE).
EXHIBIT D
JUNCTION BOX WITH INTERNAL SHEET METAL WEIR (JBW 12D)
N TS
6' MIN

Z 4' MIN.

z

TO FORMER LEVEL
PLUG OPENING

5
To
>M8

LLJ

\r?

i
'N
\
/
%
?/
\
?
Q"
N W

Q Q N z
a o O
cn
q- z
a (n
j
\ _z
\/. Mo
n V) C) LLJ
w
w C) \Y/???'
2 O \?\\
U d ?/
S
U
p
F- F
cr
Li (1)
2Y>-
O
0001--
0: ao a Ix 3: tn.00
=
\<i 3c?
m ? a No v
i
a
Za
/X, <
cr
U J
(n ?
CL 0
m
=
m
-
ix
C3;(-
3
W
F
O
a
r4
O
z
o WC)
-j -OW v .
?mU D
0
' cr
Ir Q
li m
a
?ZU
\ (f)
Q WUZ OY U< J
F
cow \
:;.
> U
Z ?w
Q JOS p
1 p ?Z0N
mpliQ Q
Mtn p
o a
\ ?\ cnm WO d ? p L+
D MOO Q 3
?~ <P0w
wpp<
w
w? ?Q ? OzW az a
waw LLI
Z w 2 J Z Q
0 _J oz Q
?
N m??
N F Y L` aWWo- Q
wwZU aw
U ZWOY
OZ iw O
=
mow LL) u
m t
J YOm o JVD
00 Q

W 0m0 I-
m
zcn W?
0 QWQJ?
~
cnaQw Q
3
??.0? ?0 u
i
???.? z
0
z cli .?
J
W
Y Z
W Z
wa

U U _

A33W 13 i I
j I

W
U

? W
W ?
a

a (? V)
J

J d
O:
O
?- W Z
O

z oQ Z W Z
Q a
= a
i
v
m
L,
0 o
N
J
0 N
3 N 0
000 w 0 N
FZ O Z O
00 :2 Z
I.z D a N
oa a
Z? ? a w
iw F- ck: O
0 LJ

J
a w
~
0 J m M:
F- C3
W
a p
00
NP -?
a Lw
3 w
m

N
O (n m a
w
cr
a O

Q U 2
En
a? Q
. F
0- a a 0
a-
w
a a a
w 0

a LJ
W a J

?0=
a

3 <
a
LL.
O J Z
VI
2
la.
W w J O
O Z O
ZaU Y
U a
H S
~
W 0 0 ?_- ?
E-
0,
z N
April 14, 2009
S&EC Project No. 3034.P1
APR
Mrs. Lauren Witherspoon
NCDENR-DWQ
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Reference: Brier Creek Country Club Phase 15
Sediment Clean-up Completion Notification
Wake County, NC
Dear Mrs. Witherspoon:

VtiG'E' C;l1AU}Y
'G?,? ?'tiJ?: '•? 6
This letter serves as notification of the completion of sediment removal activities at the
Brier Creek Country Club development located in Wake County, NC. This sediment
clean-up was implemented in response to observations made by the Division of Water
Quality (DWQ) in the Notice of Violation (NOV-2008-SS-0033) dated September 24,
2008, and in conjunction with consultation from DWQ for approval of the clean-up
methodology.
Site Description
The project site consists of approximately 100 linear feet of an unnamed tributary to Brier
Creek (Class C; NSW) in the Neuse River basin. The cleaned stream reach includes the
area immediately upstream of the culverted crossing at Sporting Club Drive upstream to
the area where the stream substrate becomes bedrock.
On-site Cleanup
Edge Development, with oversight by S&EC personnel, conducted the sediment removal
on March 23, 2009. Prior to sediment removal, sediment depths throughout the stream
reach were assessed. Sediment was observed to be between 1 and 6 inches in depth,
deposited at intervals within the impacted reach. Removal of this sediment was
conducted with shovels and buckets only. Sediment was loaded into a dump truck for
transport away from the stream and then stabilized off-site. Foot travel during sediment
removal did not negatively impact the riparian buffer. Stream bank areas disturbed by
sediment removal were seeded with a mixture of rye grass and wetland seed mix to aid in
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
Page 1 of 2
Brier Creek Country Club
April 14, 2009
Soil and Environmental Consultants, PA
Project No. 3034.P1
temporary and permanent stabilization. Seeded areas were subsequently covered with
leaves from the surrounding forest floor.
Please contact us if you have any questions or comments regarding this report. We thank
you for your assistance and project input to date.
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
David Gainey David Cooper
Site Assessment Department Manager Staff Biologist
Cc: Mr. Lee Honeycutt
Toll Brothers Inc.
2310 T.W. Alexander Drive, Suite G
Raleigh, NC 27617
Attachments: Site Photos (3 pages)
Page 2 of 2
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
Brier Creek Country Club
Sediment Clean-up Photos Taken 3/23/2009

Stream, after Clean-up (Typical)
Page 1 of 3
Sediment Deposition, before Clean-up (Typical)
Brier Creek Country Club
April 14, 2009
Soil and Environmental Consultants, PA
Project No. 3034.P1
Sediment Deposition Upstream of Culverted
Crossing at Sporting Club Drive, before Clean-up
Page 2 of 3
Sediment Deposition Upstream of Culverted
Crossing at Sporting Club Drive, after Clean-up
Brier Creek Country Club Soil and Environmental Consultants, PA
April 14, 2009 Project No. 3034.P1
Page 3 of 3
Sediment Deposition Upstream of Cniverted
Crossing at Sporting Club Drive, after Seeding