20001116 Ver 1_Corps of Engineer Correspondence_20000822

LL
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
August 22, 2000
Regulatory Branch
Action ID No. 199920576
Mr. John Dorney
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetlands/401 Unit
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Dear Mr. Dorney:
0011 16

Enclosed is the application of North Carolina Golf Enterprises, submitted on behalf of
Sandler at Old Stage, LLC, for Department of the Army authorization and a State Water Quality
Certification to modify the existing permit to include the relocation of 130 linear feet of an
intermittent tributary to Swift Creek, the placement of a culvert and fill within 315 linear feet of
an intermittent tributary to Swift Creek, the completed placement of fill within 0.04 acre of
wetlands, and modifications to the existing mitigation plan associated with construction of the
golf course for Eagle Ridge Residential and Golf Course Community, in Garner, Wake County,
North Carolina.
We are considering authorizing the proposed activity pursuant to Section 404 of the Clean
Water Act, and we have determined that a water quality certification is required under the
provisions of Section 401 of the same law. A Department of the Army permit will not be granted
until the certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days after receipt of a
request for certification is a reasonable time for State action. Therefore, if you have not acted on
the request, or asked for an extension of time, by October 23, 2000, the District Engineer will
deem that waiver has occurred.
.
Questions or comments may be addressed to Mr. Todd Tugwell, Raleigh Field Office,
Regulatory Division, telephone [phone], extension 26.
Sincerely,
S. Kenneth Jolly
Chief, Raleigh Regulatory
Field Office
Enclosure
Copy Furnished (without enclosure):
Mr. Doug Huggett
Division of Coastal Management
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
s APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-003
(33 OW 3251 Expires October 1996
Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to
Department of Defense, Washington Headquarters Service Directorate of InformationOperetions and Reports, 1215 Jefferson Davis Highway, Suite
1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503.
Please DO NO RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction
over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities In, or affecting,
navigable waters of the United States, the discharge of dredged or fill material Into waters of the United States, and the transportation of dredged
material for the purpose of dumping it Into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for
a permit. Disclosure: Disclosure of requested information is voluntary. If Information is not provided, however, the permit application cannot be
processed nor can a permit be Issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED 14. DATE APPLICATION COMPLETED
MS BELOW 70 BE F/LLEO BVAA9YC4
5. APPLICANT'S NAME B. AUTHORIZED AGENT'S NAME AND TITLE Ian spent is not required)
Not-TO CAMINA q0a WUP9ftS 9'P,WgLa ENVI"AIA TA-I WC,-
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
119vo SAX FORKS 4. ) Same loo ?.? fiflyElifV1 <I-. MAU, I SITE if Do
otf-Awj NG 2-fCM pa41ki?INI tJG -ti*01
APPLICANT'S NOS, W/AREA CODE
a. Residence a. Residence
b. Business b. Business 9iq, S1}(p`??51?
11. STATEMENT OF AUTHORIZATION
I hereby authorize, S%4?ikQ tWIR01414FAlu,I INL, to act In my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental Information in support of this permit application.
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
kA-
ingv 1Z1bf>tE ?EVe>-oPMw?rr >wb f?vl.F o?ues?
v
13. NAME OF WATERBODY, IF KNOWN (ifappacebte) 114. PROJECT STREET ADDRESS (if applicable)
"MBu fJVAES 0f? Swift CHUM
15. LOCATION OF PROJECT
WAKE too" NG
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see instructional
17. DIRECTIONS TO THE SITE
LOOT" A ID" iFly TOM, M11,'E5 SWT14 of 1:96 NW4 401 [00514V 40100 iM'56Gftw ,
W ` AW UOVK S' A* of ELb 91A 6)E PAJ>
APPLICANT'S SIGNATURE DATE
,1 B. Natu: a of Activity (Description of project, include all features)
CeNSTRt t"04 ty 1 VAV fw5E. 0 I AE Qoc% lu ast 40 ?ttC6f ww- WATet
6UW-T I waufkDO 'FEMOMS
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
%E AAW A VAPIr
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
stt Al+ vOONT
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
etc fl(OOMET
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
S1ctl AlS liNt6t t
23. Is Any Portion of the Work Already Complete? Yes -X- No IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
N/A . Au. Atri,4iTiEs An WtTmN THE ULT tbe'5E
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
'Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this app ' ion. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to unde e e work described herein or am acting as the
duly authorized agent of e a lic
SIGNATURE OF A? PA4T DATA , (f IPA RE OF AGENT DATE
The application must be signed by the person who desires to undertake the y (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
Background and History
The Eagle Ridge Residential and Golf Course Community is located on the west side of Old
Stage Road, Wake County, North Carolina. The developer of this project previously requested
and received an individual permit from the Department of the Army on February 26, 1999 for the
permanent fill of 0.42 acres of wetlands and 1,115 linear feet of stream to facilitate development.
This project was filed as USACE Action ID Number 199920576 and NCDENR Division of
Water Quality project number 960722. The above-mentioned impacts were permitted by
NCDENR DWQ on September 21, 1999 and by the Department of the Army on February 7,
2000.
Project Purpose and Need/Alternatives Evaluation
On behalf of the Eagle Ridge Golf Course developer (North Carolina Golf Enterprises, c/o Mark
Black, 4800 Six Forks Road, Suite 100, Raleigh, NC, 27609), Spangler Environmental, Inc. is
seeking minor modifications to the previously issued individual permit. Three separate types of
impact are proposed in this modification: impacts to intermittent and ephemeral streams,
alternative location designation for created wetland area form the original permit authorization,
and authorization after-the-fact for incidental impact to low quality isolated wetlands.
Proposed Stream Impacts. Changes made to the layout of the golf course, due in part to the
required mitigation efforts of the initial Individual Permit authorization, as well as minor
construction changes made in the process of earth-moving, have necessitated the re-configuration
of golf holes throughout the Eagle Ridge Golf Course. The original authorization required par
changes on holes in the front-nine to accommodate stream relocation and associated riparian-area
preservation. As a result, holes 1 and 17 each have gained one stroke. An evaluation by
Spangler Environmental, Inc. the golf course operator and the owner/applicant of the original
authorization resulted in a re-configuration of the course that minimized impacts to wetlands and
streams, and to the recorded residential lots adjacent to the golf course property. Limiting
factors on the re-design of the golf course when the original authorization was issued included
the configuration of the adjacent residential subdivision, conservation easements, roadways and
utilities, that were all either sold and occupied, under construction, or in final review for local
engineering/planning department final design approval when the authorization was issued.
According to the project owner, these reconfigurations will allow the planned number of rounds
per day necessary to achieve economic benefit from the development, primarily by speeding-up
play. Based on the loss of rounds due to slower play that would result from not implementing
these modifications (the "no-build" alternative), a reduction in revenue of $300,000 to $400,000
annually could be expected, according to the course operator, North Carolina Golf Enterprises.
This potential loss in revenue is due to a combination of a loss of concession revenue, equipment
rental revenue, and loss of approximately 10 to 15 tee times per day due to slower play caused by
the existing course configuration.
Alternatives to the specific impacts in this proposed modification have included creation of
topographic modifications to the course to create grassed "berms" to prevent golf balls from
being lost in the intermittent streams and water hazards associated with the proposed
modification impacts. However, factors such as roadway sight-line/safety concerns for cart paths
on hole 17, and the nutrient impact expected from drainage of run-off from behind the
constructed berms into the streams, resulted in these alternatives being identified as not feasible
from safety, environmental, and economic perspectives.
The proposed stream modifications are to streams that have little aquatic habitat function and
have been previously defined by the Corps as "insignificant streams." Each of these streams is
typically dry in the summer, except during storm events. Each of these streams lacks a
floodplain, and high flows are currently being contained within the banks. Therefore, each
provides little flood attenuation value, which will become an issue as the surrounding
development is completed and the impervious percentage of the property increases. They
function primarily as storm water and nutrient conveyance channels. Additionally each stream is
above headwaters, does not require the maintenance of a Neuse Riparian Buffer, and is located
within a golf course fairway. This situation will provide for little habitat heterogeneity, as the
riparian area will be maintained in short grass to the bank of the stream. In short, the current
stream condition affords little positive flood attenuation, water quality, or habitat value.
All three of these values will be improved with the design alterations. Controlling the flow near
the headwaters of the watershed will attenuate downstream flows and thus reduce downstream
channel erosion. The increased quantity of floodplain vegetation in the bio-retention area and
preservation of vegetated riparian corridors around the site will increase nitrogen and phosphorus
uptake and decrease the amounts of these nutrients that leave the site toward Swift Creek. The
addition of the vegetation in areas that would have been maintained as short grass will provide
wildlife habitat, landscape heterogeneity, and aesthetic features to the site.
Alternative Location for a Portion of Wetland Mitigation in Original Authorization. This
proposed modification is proposed as an additional area for mitigation activity to compensate for
wetland impacts associated with the original individual permit authorization. In the original
authorization, a littoral "shelf' of emergent vegetation was proposed as wetland area to be
created during the course of building the aesthetic pond adjacent to the golf course and
residential subdivision. A condition of this mitigation effort was to record deed restrictions and
conservation easements on this littoral zone (consisting of three feet upslope and downslope of
the mean ordinary pool elevation around the circumference of the pond). Because of the various
stages of development of the residential subdivision and the dozens of potentially effected
properties, combined with the fact that the ordinary pool elevation will have seasonal fluctuation,
the portion of the conditional approval for the littoral shelf associated with deed restrictions has
been determined to be unfeasible. Therefore, the area of wetland creation required by the
original authorization is now proposed to be made larger by an amount equivalent in area to the
littoral shelf, to ensure that acreage of created acres is consistent with the original application.
No design changes are necessary to facilitate this modification, and available area within the
conservation easement area for wetland creation in the original authorization is available. The
qualitative effect of this modification is that additional, higher quality forested wetlands will be
created in addition to the littoral shelf. The quantitative effect is that the forested wetlands will
be the only area of mitigation associated with the mitigation quantities authorized in the original
permit authorization.
After-the-Fact Incidental Fill. An isolated scrub-shrub wetland area in the middle of the fairway
of hole 12 in the golf course has been inadvertently impacted with grading and construction
associated with course construction. This area of four one-hundredths of an acre was not a
permitted activity in the original authorization. Mitigation in the form of additional forested
wetland creation in an amount equivalent to the impact is proposed.
Summary. The proposed modification activities involve increasing the extent of on-site wetland
mitigation, piping a portion of one intermittent stream, and relocating a small reach of
intermittent stream to provide additional riparian area protection from golf course run-off. Off-
line, wetland-based water quality/stormwater control structures and habitat improvement
measures are proposed in each of the stream modification areas for the purpose of mitigating any
loss in wetland function. Furthermore, stream preservation is proposed by establishing
conservation easements along the riparian area of certain intermittent streams in the golf course.
Calculation of Proposed Stream Impact Modifications
Location Fill/Impact
Hole 1 130 ft. stream filled (130 ft. relocated, 90 ft. created)
Hole 17 315 ft. stream culverted
Mitigation 445 ft. stream impact, to be mitigated by:
535 ft. stream preservation, approximately 0.61 acres riparian area
preservation (including 0.14 acre bioretention area which will
eventually convert to forested wetlands), 0.08 acre wet detention
basin.
Note regarding stream impacts: A net modification to the original Individual Permit of open
channel intermittent stream impact of up to 225 linear feet is proposed (up to 225 feet of stream
will be put in culvert without relocation). As the function of these streams is primarily nutrient
and stormwater conveyance, it is proposed that the acreage impacts are mitigated in the form of
providing riparian buffer/stream preservation through on-site conservation easements along
riparian areas in widths of as much as 25 feet on each side of the stream, and off-line
stormwater/nutrient detention basin where applicable. In order to mitigate for the potential loss
of nutrient retention and intermittent stream riparian habitat, additional riparian preservation
areas have been proposed throughout the golf course. These areas will help to detain nutrients
and encourage stormwater sheet flow. Coupled with the existence of the on-site wetland creation
area and pond, the vegetated riparian zones will improve the water quality of the site. These
streamside areas will be maintained in existing dense vegetation at a height of up to
approximately six feet to allow for golf play and safety considerations near tees, cart paths, cart
crossings of streams, and roadway crossings and intersections, or will be managed and replanted
to achieve aesthetic goals to best sequester the maximum amount of nutrients present in overland
and shallow groundwater flow.
Hole 1(see attached drawings)
The projected activity in this area is to relocate 130 feet of the intermittent stream channel to the
outside of the historic floodplain, outside the golf fairway, in the vicinity of lots 315-317. A
220-foot low flow channel will be maintained that is slightly smaller than the existing stream in
cross-sectional area. The channel width will be reduced to 1 foot and the banks will be sloped to
reduce the possibilities for bank erosion. The decreased cross-sectional area will promote
overbank flooding during periods of storm flow.
Surrounding the relocated stream, a 0.14-acre, shallow, contained bioretention area will be
created. This vegetated area will attenuate storm flows and provide some storage before
emptying back into the stream. A riprap lined trapezoidal narrow constriction will be
constructed on the downstream end of the mitigation area that restricts the flow from this area.
The area will be planted with Betula nigra and a few Platanus occidentalis lining the banks of
the relocated channel to provide shade and stability. Behind these species a mixture of oaks
(Quercus michauxii, Q. nigra, Q. bicolor, and Q. phellos) will be planted that can withstand
short periods of inundation. 55 trees will be planted, providing a canopy density of 400
stems/acre. In essence, a bottomland hardwood floodplain forest will be created that is very
similar in composition to the Swift Creek floodplain forest downstream of the project area.
The estimated stormwater detention volume of the bioretention area is 5,044 ft3 (37,732 gal).
The actual volume will be based on as-construction dimensions. This detention volume equates,
roughly, to a 1-inch rainfall across the contributing watershed area. Flow will be constricted
with a narrow, riprap lined trapezoidal channel at the outlet of the bioretention area. The bottom
width of the channel should be 3 ft. Channel sideslopes should be 3:1 or 4:1 depending on the
type of soil encountered. The channel depth at this location is approximately 3 - 4 ft. Class "B"
riprap, or equivalent, should line the entire channel and a riprap apron should be placed upstream
and downstream of the constriction. The apron should extend upstream and downstream a length
equivalent to 3 times the channel width. Woven geotextile fabric will be placed under the riprap
to minimize the potential for "piping".
Hole 17 (see attached drawings)
The modification would culvert a maximum of 315 feet of the stream within the playable area of
the fairway of hole 17. Actual project impacts may be less, and will depend upon the
construction constraints and final grading of the golf hole. This impact has been minimized from
previous concepts, which included culvert being placed in over 500 feet of this stream. Flow out
of the culvert will be directed into a 0.075 acre stormwater detention wetland located upstream of
the nearby roadway. This feature is designed as an according to the specifications outlined in the
North Carolina Department of Environment and Natural Resources Division of Water Quality
Stormwater Best Management Practices to provide for 85% total suspended solids treatment. An
inlet pool and outlet pool, both located out of the stream channel, are each 3 feet in depth to
allow for settling and controlled outflow, respectively. The remainder of the area is designed as
a combination of shallow and deep marsh. The shallow marsh will have a depth of less than 9
inches during periods of maximum storage and will be planted with a mixture of Hibiscus
moscheutos, Juncus effusis, Carex spp., and Polygonum spp. that are able to withstand periods of
drought. The deep marsh will be planted with a mixture of Sagittaria latifolia, Peltandra
virginica, and Nuphar lutea. Planting densities, schedules, and erosion control methods will be
identical to those previously approved for the nearby wetland creation area.
The storm water detention wetland was designed using the methodology outlined by NC
DEHNR "Stormwater Best Management Practices" guidance document. A conservative
estimate of 10% impervious area was used. Based on Table I.1 in the guidance document, at a
permanent pool depth of 3 ft. and a watershed drainage area of 12.5 acres, the surface area to
drainage area ratio is given as 0.59 for 85% pollutant removal efficiency. This requires the
surface area for the detention wetland to be at least 0.074 ac. (3,213 ft2). The calculated volume
of the detention wetland, using the equation as provided in the guidance manual, provides a
volume of 0.14 ac-ft. (6,098 ft ).
Rv = 0.05 + (0.009)*(10) = 0.14 in/in
Volume = (1 in)*(0.14 in/in)*(1 ft/12 in)* 12.5 ac = 0.14 ac-ft
A riser pipe will be placed at the outlet pool to control the depth in the storm water detention
wetland. Based on a 1-hour duration rainfall intensity and a 10-year return period design storm,
the estimated peak discharge is 9.6 cubic feet per second (cfs). This discharge requires a barrel
and riser size of 15 inches in diameter for adequate flow, provided an effective trash rack is
placed at the riser inlet. The riser inlet elevation will be set to 2 feet below the top berm
elevation. An emergency spillway approximately 6 to 8 inches deep and 10 to 15 feet wide will
be constructed to route excess flow around the berm into a riprap-lined swale upstream of the
roadway. This will protect the road grade from being undermined during very large storm
events.
Calculation of Proposed Mitigation Location and Incidental Fill Modifications
Location Fill/Impact
On-Site Pond 0.00
Hole 12 0.04 ac. filled.
Mitigation 0.19 ac. additional wetland creation and preservation.
On-Site Pond
The projected activity in this area is to relocate the mitigation afforded by a three-foot wide
aquatic bench (littoral "shelf") around the pond, 0.15 acres, into the wetland creation area at the
headwaters of the pond. There is a concern that fluctuating water levels in the pond will
intermittently leave the bench out of the water, perhaps for long periods of time. This would not
conform to the idea of an aquatic bench and could be construed as not being in compliance with
the conditions of the permit. Furthermore, due to the number of property owners adjacent to the
pond, the deed restriction/conservation easement on this three-foot wide bench has been
determined to be logistically unfeasible. To provide on-site mitigation for these impacts, the on-
site mitigation area and conservation easement for this area is proposed to be expanded.
Hole 12
0.04 acres of wetland that is in the largest wetland unit located on Sheet 17 of the IP application
have been filled. Design attempts to avoid this portion of wetlands did not leave ample fairway
width. Mitigation for this impact can be fulfilled in the on-site wetland creation area, as it has
been expanded from 0.63 acres to 0.85 acres.
Contacts
Please contact Scott Linnenburger of Spangler Environmental, Inc. (919-546-0754) if you have
any questions regarding this request for a minor modification of the Individual Permit associated
with Action ID #199920576.
DRAWINGS - Hole 1 & Hole 17
- Existing Grade
- Proposed Final Grade
- Close-up of Modified Areas
- Outlet Structure Details

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JESSIE W. HOCUTT SANDLER AT OLD STAGE, LC
9105 TEN TEN RD 448 VIKING DR
RALEIGH, NC 27603-9023 SUITE 220
VIRGINIA BEACH, VA 23452-7331
RAYMOND C. & VIVIAN E. UPCHURCH FINANCIAL SERVICES OF RALEIGH, INC.
8013
7820 OLD STAGE RD. OLD STAGE RD.
RALEIGH, NC 27603-5522 RALEIGH, NC 27603-5517
MARVIN LUTHER JR. & ELIZABETH BROWN
DELTON K. BEASLEY PO BOX 607
7910 OLD STAGE RD. GARNER, NC 27529-0607
RALEIGH, NC 27603-5520
HARRY F. & VIRGINIA WADE WEDDINGS
RB. & ADA MAE BAREFOOT 8008 OLD STAGE RD.
PO BOX 398 RALEIGH, NC 27603-5518
BENSON, NC 27504-0398
ROMA LEE BEARD
E.C. & BETTIE L. MASSENGILL 8280 GREENSBORO DR SUITE 900
506 ROXANNE DR MCLEAN VA, 22102-3807
RALEIGH, NC 27603-3832
ATTN: C. WILLIAMS
9AVIERYO Address Labels Laser 51620
JoloWW s ¦ ? 16%m J??66W
EDGAR MARSHALL STEPHENSON
PO BOX 1040
ANGIER, NC 27501-1040
SOUTH MOUNTAIN ASSOC. LMTD. PARTNERSHIP
7412 CHAPEL HILL RD.
RALEIGH, NC 27607-5032
UZZLE L. JR. & NAOMI S. LEE
9017 TEN -TEN RD.
RALEIGH, NC 27603-9022
DELIA M. & GRAHAM S. BLACK
4209 HIGH MOUNTAIN DR.
RALEIGH, NC 27603-8504
CHARLES M. JR. & JUDITH G. DAVENPORT
4117 HIGH MOUNTAIN DR.
RALEIGH, NC 27603-8516
KEITH L. HASSAN
4109 HIGH MOUNTAIN DR.
RALEIGH, NC 27603-8516
JAMES ATLAS BUFFALOE, SR.
5221 W. OAKS DR.
FUQUAY-VARINA, NC 27526-9472
GAVERYO Address Labels

ROGER R. & HELEN P. ADAMS
10900 ADAMS RD
RALEIGH, NC 27603-9082
LELAND & BRENDA L. ADAMS
4101 HIGH MOUNTAIN DR.
RALEIGH, NC 27603-8516
FRANK C. BAILEY
4217 HIGH MOUNTAIN DR.
RALEIGH, NC 27603-8504
LUTHER & DIANNE L. JACKSON
4121 HIGH MOUNTAIN DR.
RALEIGH, NC 27603-8516
JACK B. JR. & LEE J. MIDYETTE
4129 HIGH MOUNTAIN DR.
RALEIGH, NC 27603-8516
DONALD W. & TAMMY J. FLYNN
4201 HIGH MOUNTAIN DR.
RALEIGH, NC 27603-8504
PHILIP L. & JAN H. CARTER
4205 HIGH MOUNTAIN DR.
RALEIGH, NC 27603-8504
Laser 51620
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
x
9 8: HUNT JR.,
f? CfsOVERNOR H
EMORANDUM
ILL"HOLMAN
SECRETARY
a
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s
,:
August 24, 2000
?.
Mr. Kerr T. Stevens
Director
Division of Water Quality
Douglas V. Huggett
Inland "404" Coordinator
"404" Project Review
e attached U.S. Army Corps of Engineers Public Notice for Action No. 199920576 dated
ugust 22, 2000 describing a proposed project by NC Golf Enterprises/Garner/Wake Co. is
x
4 ing circulated to interested state agencies for comments on applicable Section 404 and/or
zy ction 10 permits.
;lease indicate below your agency's position or viewpoint on the proposed project and return this
_ 1&rn by 9/15/2000. If you have any questions regarding the proposed project, please contact me
`at 733-2293. When appropriate, in-depth comments with supporting data is requested.
?,`?rt<?PLY
This office supports the project proposal.
No comment.

Date 1 Ll r
MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1638
PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE: [phone] FAX: [phone]
Comments on this project are attached.
This office objects to the project as proposed.
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST-CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]
Noel, NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
August 24, 2000
HOLMAN
:ETARY
RANDUM
Mr. Kerr T. Stevens
Director
Division of Water Quality
M: Douglas V. Huggett
Inland "404" Coordinator
: "404" Project Review
attached U.S. Army Corps of Engineers Public Notice for Action No. 199920576 dated
ast 22, 2000 describing a proposed project by NC Golf Enterprises/Garner/Wake Co. is
g circulated to interested state agencies for comments on applicable Section 404 and/or
ion 10 permits.
Tease indicate below your agency's position or viewpoint on the proposed project and return this
corm by 9/15/2000. If you have any questions regarding the proposed project, please contact me
t 733-2293. When appropriate, in-depth comments with supporting data is requested.
i le
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Date
MAILING: 1638 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1638
PHYSICAL: 2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE: [phone] FAX: [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST-CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]
4e
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199920576
August 22, 2000
PUBLIC NOTICE
North Carolina Golf Enterprises, 4800 Six Forks Road, Suite 100, Raleigh, North Carolina
27609, on behalf of Sandler at Old Stage, LLC, has applied for a Department of the Army (DA)
permit modification TO RELOCATE 130 LINEAR FEET OF AN INTERMITTENT
TRIBUTARY TO SWIFT CREEK, PLACE CULVERT AND FILL WITHIN 315 LINEAR
FEET OF AN INTERMITTENT TRIBUTARY TO SWIFT CREEK, AUTHORIZE THE
COMPLETED PLACEMENT OF FILL WITHIN 0.04 ACRE OF WETLANDS, AND
MODIFY THE EXISTING MITIGATION PLAN ASSOCIATED WITH CONSTRUCTION OF
THE GOLF COURSE FOR EAGLE RIDGE RESIDENTIAL AND GOLF COURSE
COMMUNITY, IN GARNER, WAKE COUNTY, NORTH CAROLINA.
This public notice does not imply, on the parts of the Corps of Engineers or other agencies,
either favorable or unfavorable opinion of the unauthorized work performed (0.04 acre of
wetland fill); but it is issued to solicit comments regarding the factors on which a final decision
will be based. Legal action has been suspended pending the outcome of this consideration.
The following description of the work is taken from data provided by the applicant and
from observations made during a site visit by a representative of the Corps of Engineers. The
original permit, issued to Sandler at Old Trace L.L.C. on February 7, 2000, authorized the
discharge of fill material into 0.42 acre of wetlands and 3,761 linear feet of unnamed tributaries
to Swift Creek for construction of the Eagle Ridge residential and golf course development.
Plans submitted with the present application show the proposed relocation of an additional 130
linear feet of an unnamed tributary to Swift Creek, the placement of culvert and fill within an
additional 315 linear feet of an intermittent tributary to Swift Creek, and the completed
(unauthorized) placement of fill into 0.04 acre of wetlands for construction of the proposed golf
course. The plans also propose a modification to the approved mitigation plan which will
involve removing a three-foot littoral shelf around the pond and increasing the wetland creation
area by 0.15 acre.
The proposed modification at Hole 1 includes the relocation of 130 feet of intermittent
stream. The stream is proposed to be relocated into a 220-foot long, low flow channel outside of
the historic floodplain, outside the golf fairway, in the vicinity of Lots 315-317. The new
channel width would be reduced 1 foot from that of the existing stream to promote overbank
flooding into a proposed 0.14-acre, shallow, contained bioretention area surrounding the
relocated stream. The applicant proposes to plant wetland hardwood tree seedlings along the
new channel and within the bioretention area.

2
The proposed modification at Hole 17 includes the placement of culvert and fill into 315
linear feet of intermittent stream within the fairway. The downstream end of the culvert would
empty into a proposed 0.075-acre stormwater retention wetland located immediately upstream of
a road crossing. The applicant proposes to plant shallow and deep marsh herbaceous plant
species in the retention wetland. The modification at Hole 12 involves the completed placement
of fill into 0.04 acre of wetlands, accomplished during course construction, to widen the fairway.
The applicant proposes to mitigate for stream impacts by providing preservation of 535
linear feet of intermittent streams, preservation of 0.61 acre of riparian area (including the 0.14
acre bioretention area), and creation of 0.08 acre of wet detention basin. The applicant also
proposes to mitigate for the completed (unauthorized) 0.04 acre fill at Hole 12 by adding an
additional 0.04 acre to the wetland creation area. The total increase to the existing wetland
creation area would be 0.19 acre (0.04 acre for Hole 12 mitigation and 0.15 acre to replace the
littoral pond shelf). The purpose of the proposed modifications is to improve playability of the
golf course, provide for storm water retention/treatment, and improve the function and protection
of planned mitigation areas. Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit
will be issued until the coordinated State viewpoint on the proposal has been received and
reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of
Water Quality (NCDWQ) has determined the applicability of a Water Quality Certificate as
required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register constitutes the extent
of cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts which the proposed activity may have on the
public interest requires a careful weighing of all those factors which become relevant in each
particular case. The benefits which reasonably may be expected to accrue from the proposal
must be balanced against its reasonably foreseeable detriments. The decision whether to
authorize a proposal, and if so the conditions under which it will be allowed to occur, are
therefore determined by the outcome of the general balancing process. That decision should
reflect the national concern for both protection and utilization of important resources. All factors
which may be relevant to the proposal must be considered including the cumulative effects
thereof. Among those are conservation, economics, aesthetics, general environmental concerns,
wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in
accordance with Executive Order 11988), land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in general, the needs and
welfare of the people. For activities involving the placement of dredged or fill materials in
waters of the United States, a permit will be denied if the discharge that would be authorized by
such permit would not comply with the Environmental Protection Agency's 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a
permit will be granted unless the District Engineer determines that it would be contrary to the
public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit
modification will not be made until the North Carolina Division of Water Quality (NCDWQ)
issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The
NCDWQ considers whether or not the proposed activity will comply with Sections 301, 302,
306, and 307 of the Clean Water Act. The application and this public notice for the Department
of the Army (DA) permit serves as application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, North Carolina Division of Water Quality
(NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), Wetlands/401 Unit, 1621 Mail Service Center, Raleigh, North Carolina 27699-
1621, on or before September 14, 2000, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. Todd Tugwell, until 4:15 p.m., September 21, 2000, or telephone
[phone], extension 26.

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