20020468 Ver 1_Notice of Violation_20090811

A J?A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 11, 2009
Debbie Edwards
Soil and Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
Subject: Restoration Plan Approval
Brier Creek Country Club Phase 15 - Land Bay J/M
NOV-2008-SS-0033
DWQ Project # 02-0468
Wake County
Dear Ms. Edwards:
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 dissipator. 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.
This letter authorizes Toll Brothers, Inc. to conduct the work to alter the stormwater management system behind
lots Lots 737, 738, and 736. This work should be done in accordance with the most recent submittal to DWQ
dated August 5, 2009.
The revegetation of the buffer on Lots 737 and 738 where the level spreader is to be removed should be in
accordance with the Guidelines for Riparian Buffer Restoration as stated in the submittal dated June 10, 2009.
Since some of the land disturbance is located on private property we are leaving the type of vegetation to be
planted by Toll Brothers, Inc. at the discretion of the homeowners but it must be included in the list of the above
noted Guidelines, must include two native hardwood tree species, planted at a density of 320 trees/acre, and on a
10 x 10 foot grid. Please notify DWQ what two species you intend to plant before purchasing the species. Once
Noe Carolina
NaAmallt,
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
August 11, 2009
Brier Creek Country Club Phase 15 - Land Bay J/M
Page 2 of 2
notified, these trees should be planted between late November 2009 and early March 2010 to help ensure
survivability. Even though trees may not be planted immediately after demolition of the level spreader at this
location, the area will need to be stabilized to ensure that no erosion occurs and to prevent sediment from entering
the stream. Toll Brothers, Inc. will need to monitor the survivability of these trees for 3 years to ensure that a
density of 320 trees/acre are remaining at the end of these 3 years. A report should be submitted to me on June 1
of each year.
As for the level spreaders located behind Lots 714 and 726, they have been maintained and modified and are
functioning as intended in the August 5, 2003 DWQ Stormwater Management Plan Approval Letter and is
therefore, in compliance with DWQ.
Please notify DWQ when the work is complete so that we can conduct a site visit to ensure compliance.
Thank you for your attention to this matter. Should you have any questions regarding these matters, please
contact me at [phone] or Annette Lucas at (919) 715-345.
Sincerely,
A, (" tU' ZF'-
Lauren Witherspoon
Surface Water Protection Section
cc: DWQ RRO file copy
John Hennessy, NPS Assistance and Compliance Oversight Unit
Annette Lucas, 401 Oversight/Express Review Permitting Unit
Mr. Lee Honeycutt, Toll Brothers, Inc., 2310 T.W. Alexander Drive, Suite G, Raleigh, NC 27617
Mr. John Moore, John R. McAdams, P.O. Box 14005, Research Triangle Park, NC 27709