20001116 Ver 1_Staff Denial Comments_20010515

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May 15, 2001
MEMO
TO: Tommy Stevens
FROM: John Dorne?
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HROUGH: Dennis Ramsey
Coleen Sullins
RE: Denial of 401 Water Quality Certification for Eagle Ridge Residential and Golf Community (formerly n
named the Old Stage Golf and Country Club) in Garner
DWQ # 001116
Wake County
The attached letter for your signature is a denial of a modified application for additional stream fill for a golf
course. We previously issued a Certification for the project (Preston had decided that the Neuse River buffer rules did not
apply) which included a requirement for on-site stream restoration. That effort is failing badly probably due to a poor
design and poor installation. We have sent five letters to the consultant for the project (Jim Spangler of Jim Spangler and
Associates) requesting two things -1) compensatory stream restoration for the 315 feet of fill of the perennial stream
(verified as perennial in the field by Dave Penrose) and 2) repair of the failed stream restoration effort on site. Mr.
Spangler has continually refused to provide these two items. Therefore we believe that a denial of the 401 Certification is
justified. If the applicant addresses the two items in the denial, then a 401 would be issued. Basically at this point, staff
believe that they have done all we can to make this a permittable project but Mr. Spangler has continually refused to
provide what our rules clearly require. We expect that this denial would get the owners attention and get us resolution for
this matter. Please call me at 733-9646 if you have any questions.
OVA
NCDENR
Customer Service
1 800 623-7748
Michael F. Easley
Governor
William G. Ross, Jr. Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 [phone]