20181089 Ver 1_NOV Response Ltr_20180806

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June 15, 2018
S&EC Project No. 13526

Mr. Danny Smith
NCDEQ Division of Water Resources
3800 Barrett Drive
1628 Mail Service Center
Raleigh, NC 27699-1628

Reference: Notice of Violation -Notice of Intent to Enforce (NOV-2018-SS-0016)
1708 Lewter Shop Road, Chatham County, NC (Parcel ID 0019957)

Dear Mr. Smith:

Soil & Environmental Consultants, PA (S&EC) has been engaged to prepare this response letter and
assist with the resolution to issues identified in the above referenced violation notice issued to the
property owner, Mr. Daniel J. Kugler. We understand the Notice of Violation (NOV) letter dated April
26, 2018 was received on May 2, 2018. At the direction of Mr. Kugler and his representatives we have
prepared this letter to summarize the actions and opinions regarding the identified issues and provide an
update regarding actions taken on the property to date as well as intended future actions to resolve the
violation.

Requested Response to NOV:

1) Stream Restoration Plan (Excavation)

a) Stream Restoration Plan (Excavation)- Explain how you plan to restore the pattern, profile and
dimension of the impacted stream channel to include the removal of unstable fill. The streambed must
be restored to the original profile, the stream banks must be stabilized, and any fill material must be
removed from the riparian zone.

S&EC has been engaged by the property owner to prepare a Stream & Buffer Restoration Plan (the Plan)
to restore the dimension, pattern and profile for the stream through the footprint of the old pond bed.
Based on preliminary survey data we estimate between roughly 525 and 575 feet of stream (and
associated riparian buffer) will be restored in the footprint of the previously existing pond. This restored
stream will allow for a hydraulic connection between the undisturbed channel reaches upstream and
downstream of the pond. Were possible, riparian wetlands will be restored/created along the length of the
stream within and adjacent floodplain area.

S&EC is currently scheduled to evaluate local site conditions and collect supplemental site data including
(if deemed suitable) one or more “reference” channel cross-sections within the vicinity of the stream
restoration reach to aid in the development of an appropriate restored channel (cross-section). We will
collect field data as needed to aid in our design utilizing handheld GPS and laser-level. Native plant
1708 Lewter Shope Road (NOV-2018-SS-0016) S&EC Project No. 13526
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community types in the project vicinity will be evaluated for use in our streambank, wetland and buffer
planting recommendations.

Using available survey data our supplemental site data and a mass grading plan prepared by the project
engineer we will prepare a Stream Restoration Plan to restore the stream channel to allow it to function as
it did historically prior to the pond’s construction. The Plan, in the form of Construction Drawings with
incorporated Technical Specifications, will define the location and types of modifications to channel and
the adjacent riparian area. The plan will show the typical repaired channel cross-sections and in-channel
structure locations and typical structure details. The Plan will include a construction sequence and
erosion and sediment control details pertinent to the proposed stream construction activities. Details
regarding the establishment of temporary and permanent groundcover will be included in the Plan and a
planting plan (plant list, general planting schematic, and installation details) will also be provided to
describe the proposed bank, wetland and buffer planting.

The prepared Plan will include sufficient detail for DWR, and if necessary USACE and Chatham County
review. Stream restoration construction will be performed under the supervision of S&EC to ensure the
approved Plan recommendations are followed.

Based on our recent phone and email discussions with DWR, USACE and Chatham County we
understand that this proposed approach is acceptable.

2) Riparian Buffer Violations

a) Riparian Buffer Restoration-Please submit a Riparian Buffer Restoration Plan to this office for
review and approval. This plan must be developed to ensure that at least two native tree species are
planted at a density sufficient to provide 320 trees/acre at maturity. This density is usually achieved by
planting approximately 436 trees/acre on a 10 ft. x 10 ft. grid or 681 trees/acre on an 8 ft. x 8 ft. grid.
Also, this plan will require an herbaceous wetland seed mix for all wetlands that are disturbed. This
plan must include the types of native woody vegetation selected, methodology of planting, and a site
map indicating the location of the replanting efforts.

The final Stream, Wetland & Buffer Restoration Plan described above will provide details regarding the
establishment of temporary and permanent groundcover (including a riparian buffer seed mix and a
wetland seed mix where appropriate) as well as our proposed stream bank, wetland and buffer planting
recommendations. The Plan will include a planting plan showing the location and extent of the proposed
planting on the site along with a plant list, general planting schematic, and installation details. We intend
to include live stake bank plantings including not less than two shrub species. We also intend to include
not less than three tree and/or shrub species in the form of bareroot seedlings suitable for planting in both
the buffer and wetland areas. Planting recommendations will be planted to provide sufficient density (320
stems/acre) at maturity.

b) Earthen Fill- earthen fill placed in zone one of the buffer must be removed and secured.

The pre-existing location of Zone 1 of the riparian buffer surrounded the pond prior to it being drained.
The intention of the stream restoration described above is not to restore the pond, but rather restore the
stream which historically existed within the drainage in which the pond was constructed. This restoration
plan will include significant grading activities necessary to establish the proper dimension, pattern and
profile of the stream. This grading will also establish a stable riparian buffer and wetlands along the
restored stream channel to include not only Zone 1, but also Zone 2 and beyond in certain locations. For
these reasons, simply removing fill from Zone 1 is no longer applicable.

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3) Earthen Fill

All filled areas must be returned to original grade and stabilized with a thick vegetative cover. Also,
earthen fill placed in zone one of the buffer and all earthen fill placed in open water must be removed.

a) Fill material- remove from stream and open waters, placed on high ground (outside of riparian
buffer) and stabilized. This restoration effort must also be addressed in a manner that is in full
compliance with the Division of Land Resources/Local Delegated Erosion Control Program (Chatham
County), and the US Army Corps of Engineers. Also, please address the measures that will be used for
temporary stabilization/ sediment control while this work is under way. Please provide a schedule with
dates by which this work will be completed. Please be aware that the completion of this restoration
effort is not exceeds 150 days of the date of this letter.

Please refer to the proposed Conceptual Stream & Buffer Restoration Design dated 6/14/2018 (attached).
This plan calls for a two phased grading plan. The first phase involves the re-establishment of the pre-
pond valley conditions and stabilization of this area while the final restoration plan is developed and
permitted. The second phase involves the restoration of the stream, wetlands and riparian buffers. The
first stage of the grading plan work was permitted by the County on 5/21/2018, see attached grading plans
dated 5/14/2018. The permit number is 2018-03409. The first phase of this plan is currently under review
by the County. The second phase will occur after the permit for the stream, wetlands and riparian buffer
restoration plan is permitted. We anticipate submittal of this application on or before August 1, 2018. All
effort will be made to complete the restoration within 150 days. However, this will be dependent upon
final permit approvals and contractor schedules. We’ll continue to keep the DWR and USACE abreast of
the schedule as it progresses.

4) Erosion Control

Please address the control measures that will be used for temporary stabilization/sediment control
while this work is under way. As a part of your restoration plan, it is required that you include a
permanent stabilization plan for the disturbed areas.

The County has permitted a grading plan for the site (#2018-03409) as described above. It includes
measures such as establishing stable slopes and channel, sediment fencing and ground cover.

5) Plan and Schedule

Please provide a schedule and a map to this office identifying the buffer zones, streams, open waters
and wetlands that have been impacted and are to be restored. This approach is intended to provide you
a menu or a systematic "punch list" that you can readily use to document the completion of site
restoration.

The attached Conceptual Stream & Buffer Restoration Design describes the proposed approach to restore
these areas. Additional details and schedules will be provided in the permit application.

6) Restoration Monitoring Plan

Please develop a 3-year monitoring plan for areas of restoration. Specifically, include monitoring
locations that are to be photographed. Also, include results of this monitoring in each of your
quarterly (year 1) and biannual reports (year 2 and 3) detailing the overall observations of the entire
wetland, buffer, stream reaches and open waters that are the focus of the restoration efforts.
1708 Lewter Shope Road (NOV-2018-SS-0016) S&EC Project No. 13526
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Following the completion of stream/wetland construction and the associated streambank, wetland and
buffer planting S&EC will establish a series of temporary Photo Points within the restoration area. The
location and orientation of these Photo Points will be identified on a site map. In addition to “baseline”
monitoring photos and our site map we will also prepare a three-year monitoring schedule for submittal to
and approval by DWR. Based on the requested monitoring frequency described above (quarterly during
Year 1 and biannually during Years 2 and 3) we will perform site visits to qualitatively evaluate the site
and prepare a brief written report documenting our visit, our observations and recommendations for
action. We will provide DWR with a copy of our reports within 30 days of our site visits.

Please contact me if you have any questions or comments regarding the contents of this letter or the
recommendations included herein. We anxiously await your response.

Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA

Bob Zarzecki
Wetlands Department Manager

Attachments:

• NOV-2018-SS-2016 Letter dated 4/26/2018
• Conceptual Stream & Buffer Restoration Design, 6/14/2018
• Approved Grading Plans 5/14/2018 (permitted 5/21/2018, Permit # 2018-03409)

Cc: Andrew Williams, USACE (email)
Daniel J. Kruger, Owner (email)
Bill Daniels (email)
Drew Blake, Chatham County Watershed Protection Division (email)

1:60CONCEPTUAL STREAM &BUFFER RESTORATION DESIGNS&EC Project No. 13526.D106-14-2018NC Firm License No. C-2141PRELIMINARY DO NOT USE FOR CONSTRUCTIONN NOT TO SCALERestored Stream ChannelAlignment, Approx.Restored Length 575'Restored RiparianWetland Areas (Typ.),Where PracticableSurrounding UplandAreas, Surface Slope4H:1V or Flatter (Typ.)Transition Adjacent Slopes fromExisting Woodline to RestoredStream Valley at Slopes of 3H:1Vor Flatter (Typ.), Width VariesTransition from AdjacentUpland Fill Area to RestoredStream Valley at Slopes of3H:1V or Flatter (Typ.), 20'Width (Typ.)PRELIMINARYDO NOT USE FOR CONSTRUCTIONNotes:1. Site data including roads, propertyboundaries, contour data, infrastructure,tree lines provided by Wm. G. Daniel &Associates of Cary, NC.2. Stream dimension and pattern areapproximate and shown for demonstrationpurposes only. Dimension, pattern andprofile to be determined during finaldesign.3. Plan will reestablish a minimum 30 footwide (Zone 1) wooded riparian buffer onboth sides of the restored stream. Zone 2on the north side of the stream will bemanaged and maintained turf/landscapedarea.4. All locations, elevations anddimensions are approximate.Tie restored channelinvert to upstreamstable channel, Elev.317.00' (Approx.)Tie restored channelinvert to downstreamstable channel, Elev.304.00' (Approx.)Property Boundary
AREA OF LANDDISTURBANCE1" = 100'CS-11150 SE MAYNARD ROADSUITE 260CARY, NC 27511(919) 467-9708C-0329May 14, 2018Kugler Residence1708 Lewter Shop RoadDETAILSCS-2CS-1COVERSHEET NO.DESCRIPTIONGRADING / DRAINAGE / EROSION CONTROL PLANCS-3ALL CONSTRUCTION SHALL BE IN STRICT ACCORDANCEWITH CURRENT CHATHAM COUNTY AND NCDENRSTANDARDS AND SPECIFICATIONS.PROPERTY LOCATION:LAT: 35° 47' 33.23" NLONG: 78° 56' 11.01" WFINANCIALLY RESPONSIBLE CONTACT:Dan Kugler919-622-0513RIVER BASIN: CAPE FEARWATERSHED: ROCKY FORD BRANCHDENUDED AREA: 2.93 AC.OWNER:[phone]Apex, NC 275231708 Lewter Shop RoadDan KuglerSITE DATACoverVICINITY MAP1" = 2000'SITENOTES:1. ALL CONSTRUCTION TO BE IN ACCORDANCEWITH CURRENT CHATHAM COUNTY ANDNCDENR STANDARDS AND SPECIFICATIONS.2. BOUNDARY IS TAKEN FROM SURVEYPREPARED BY COOPER & ASSOCIATES.3. CONTOURS ARE FIELD SURVEYED BYCOOPER & ASSOCIATES.4. NO PORTIONS OF PROPOSED IMPROVEMENTSLOCATED WITHIN 100 YEAR FLOOD PLAIN.5. CONTRACTOR IS RESPONSIBLE FOR FIELDVERIFICATION OF ALL EXISTING UTILITIES.NOTE:THIS PLAN IS FOR STABILIZATION OF PREVIOUSLY DISTURBEDAREA ADDRESSED BY NOTICE OF VIOLATION FROM CHATHAMCOUNTY. SUBSEQUENT TO THIS PROPOSED WORK, A STREAMBUFFER, AND WETLANDS RESTORATION PLAN WILL BESUBMITTED TO NCDWR, APPROVED BY NDCWR, ANDIMPLEMENTED BY THE LAND OWNER.
EXISTINGSILT FENCE(TYP)EXISTINGSILT FENCE(TYP)PROPOSED LIMITSOF DISTURBANCE(TYP)PROPOSED LIMITSOF DISTURBANCE(TYP)PROPOSED LIMITSOF DISTURBANCE(TYP)320325330335335330325320318 319
320325330335315 316 317
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325PROPOSEDMATTINGDETAIL 2018-010PROPOSEDMATTINGDETAIL 2018-010PROPOSEDWATTLE 50' O.C.DETAIL 2018-018PROPOSEDWATTLE 50' O.C.DETAIL 2018-018PROPOSEDCONSTRUCTIONENTRANCEDETAIL 2018-003PROPOSEDSILT FENCEDETAIL 2018-0134:1 MAX. SLOPE
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3:1MAX SLOPEBEGIN 3:1 MAX SLOPEMAX SLOPEEND 3:1 MAX SLOPEBEGIN 4:1 MAX SLOPE3:1 MAX4:1 MAX12" CPP PIPETO BE REMOVEDPROPOSEDSLOPE MATTINGALL SLOPES > 3:1DETAIL 2018-010ASEE NOTE THIS SHEET1" = 40'CS-21150 SE MAYNARD ROADSUITE 260CARY, NC 27511(919) 467-9708C-0329May 14, 2018Kugler Residence1708 Lewter Shop RoadOWNER:[phone]Apex, NC 275231708 Lewter Shop RoadDan KuglerGrading & Erosion ControlPlanNOTE:PRIOR TO START OF EARTHWORK, THE CONTRACTOR MUSTNOTIFY NCDENR STAFF AS TO THE SOURCE OF PROPOSED FILLMATERIAL. ANY & ALL FILL MUST BE FROM A DULY PERMITTED SITE.NO STOCKPILE LOCATIONS ON SITENOTES:1. ALL CONSTRUCTION TO BE IN ACCORDANCEWITH CURRENT CHATHAM COUNTY ANDNCDENR STANDARDS AND SPECIFICATIONS.2. BOUNDARY IS TAKEN FROM SURVEYPREPARED BY COOPER & ASSOCIATES.3. CONTOURS ARE FIELD SURVEYED BYCOOPER & ASSOCIATES.4. NO PORTIONS OF PROPOSED IMPROVEMENTSLOCATED WITHIN 100 YEAR FLOOD PLAIN.5. CONTRACTOR IS RESPONSIBLE FOR FIELDVERIFICATION OF ALL EXISTING UTILITIES.NOTE:Pursuant to G.S. 113A-57(2), the angle for graded slopes and fills shall be nogreater than the angle that can be retained by vegetative cover or otheradequate erosion-control devices or structures. In any event, slopes left exposedwill, within 21 calendar days of completion of any phase of grading, be planted orotherwise provided with temporary or permanent ground cover, devices, orstructures sufficient to restrain erosion. Pursuant to G.S. 113A-57(3), provisionsfor permanent ground cover sufficient to restrain erosion must be accomplishedfor all disturbed areas within 15 working days or 90 calendar days (whichever isshorter) following completion of construction or development.ALL CONSTRUCTION SHALL BE IN STRICT ACCORDANCEWITH CURRENT CHATHAM COUNTY AND NCDENRSTANDARDS AND SPECIFICATIONS.RIVER BASIN: CAPE FEARWATERSHED: ROCKY FORD BRANCHDENUDED AREA: 2.93 AC.SLOPE NOTES:1. ALL SLOPES NORTH OF CHANNEL TO BE 3:1 OR FLATTER.2. EXISTING SLOPES ON SOUTHSIDE OF CHANNEL BETWEENCHANNEL AND WOODLINE STEEPER THAN 3:1 SHALL BE MATTEDPER DETAIL 2018-010A.WATTLE PLACEMENT CALCULATION:AVERAGE CHANNEL SLOPE = 1.9%WATTLE Ø = 12"WATTLE PLACEMENT EVERY 52' - USE 50'OR EQUAL
As ShownCS-31150 SE MAYNARD ROADSUITE 260CARY, NC 27511(919) 467-9708C-0329May 14, 2018Kugler Residence1708 Lewter Shop RoadOWNER:[phone]Apex, NC 275231708 Lewter Shop RoadDan KuglerErosion Control DetailsChatham CountyKugler Residence Construction Sequence1. Submit a Land Disturbing Permit Application at least 30 days prior to any land disturbing activityoccurring.2. Organize onsite pre-construction meeting with Drew Blake (919-548-6715) to review site planprior to land disturbing activities. Land-Disturbing Permit and Approved Plans will be provided atthis meeting.3. Install all temporary erosion control measures according to the information discussed during thepre-construction meeting. Minimal clearing may occur in the immediate area of all measures toprovide for installation.4. Contact Chatham County Watershed Protection Division staff to schedule an inspection of allinstalled measures.5. Permitted land disturbing activities may begin upon approval of the installed measures.6.Complete self-inspections weekly and within 24 hours or a 0.5” or greater rainfall event. Emailall inspection reports to Chatham County Watershed Protection Division staff within 24 hours ofinspection.7. Maintain all erosion and sediment control measures in good working order. Silt fence, inletprotection and other similar measures must be cleaned out before they are half full. Clogged siltfence outlets must be refreshed/replaced. Silt fence cannot have holes or tears.8. Ground cover shall be provided as follows:a. Stabilize basins with ground cover immediately after installation. (If applicable)b. Stabilize diversion ditches intended to be in service for 30 days or more withtemporary seeding and erosion control matting. (If applicable)c. For all areas of moderate and/or steep slopes, stabilize area with seed and matting ifthe slope has not been disturbed for a period of seven (7) days.d. Provide ground cover sufficient to restrain erosion on any portion of the site uponwhich further land-disturbing activity is not being undertaken within fifteen (15)calendar days of temporarily or permanently suspending land disturbing activity.e. Establish permanent ground cover sufficient to restrain erosion immediatelyfollowing completion of construction or development and/or prior to final inspection.9. Re-install adequate erosion and sediment control measures and/or increase maintenancefrequency where approved measures fail to prevent accelerated erosion, off-site sedimentation,or repetitive non-compliance issues.10. Measures must be installed at the back of curb to restrict all vehicle access to the constructionentrance. All measures must be installed according to the approved plan unless approved in thefield by Chatham County Watershed Protection Division staff (approved Field Revision).11. Modifications to the approved and permitted plans shall be approved, by Chatham CountyWatershed Protection Division staff only, prior to removal or installation. Contact ChathamCounty Watershed Protection Division staff to request an inspection and obtain a sign-off on theplans or an approved Field Revision.12. Once grading and construction activities are complete, temporary measures are removed, andthe site is stabilized call Chatham County Watershed Protection Division staff to schedule thefinal inspection.13. Once the final inspection is complete the permit will be closed and no additional grounddisturbing activities can occur.