20001116 Ver 1_Staff Comments_20010515

O?OF W AT F, Q
o ?
MEMO
Michael F. Easley
Governor
William G. Ross, Jr. Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
May 15, 2001
TO: Tommy Stev ns
FROM: John DorneF
THROUGH: 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.
F*4
Customer Service
1 800 623-7748
Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 [phone]
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
North Carolina Golf Enterprises
C/o Mr. Mark Black
4800 Six Forks Road, Ste 100
Raleigh, NC 27609
Dear Mr. Black:
A 1 OFF? FAA
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Application for Water Quality Certification
Wake County
WQC #001116, COE #199920576
Your application for a modified Water Quality Certification under Section 401 of the Federal Clean Water Act was
received by the Division on August 22, 2000 (with the required fee received October 9, 2000). The activity for which the
Certification is sought is to relocate 130 feet of a stream and fill 315 feet of a perennial stream at Eagle Ridge Residential and
Golf Course Community in Garner. A Water Quality Certification is a determination by the Division that the activity for which
the federal permit or license is sought is not expected to result in a violation of state water quality standards for the waters of
the state.
After a thorough, on-site inspection of your property, our staff has determined that existing uses are present in the
streams as described in 15A NCAC 213.0220. As provided by 15A NCAC 2H .0506, our review must determine whether a
proposed project will remove or degrade the existing uses of this water has replaced any unavoidably lost uses through
compensatory mitigation. In accordance with these rules, the Division has determined that you have not demonstrated that
rule has been met as discussed in our letters of August 25, 2000, November 17, 2000, February 9, 2001, March 15, 2001 and
April 5, 2001. In particular providing compensatory stream mitigation and conducting the repair that is needed to the on-site
stream restoration project would result in an approvable project under 15A NCAC 2H .0506. Therefore I am hereby notifying
you that this project would result in a violation on 15A NCAC 2H.0506. Therefore, in accordance with 15A NCAC 2H
0507(e), the 401 Water Quality Certification for this project is hereby denied.
If this denial is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60)
days following receipt of this denial. This request must be a written petition conforming to Chapter 150B of the North Carolina
General Statures and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, NC 27611-7447. Unless
such demands are made, this denial shall be final and binding. Finally, we are available to further discuss modification to your
proposal, which would answer our objections and allow issuance of a 401 Certification.
If you have any questions concerning this denial, please contact Mr. John Dorney in the Water Quality Non-Discharge
Branch of this Division at [phone].
Sincerely,
oc: Raleigh DWQ Regional Office
U.S. Army Corps of Engineers Wilmington Office
U.S. Army Corps of Engineers Raleigh Field Office
Doug Huggett, DCM
File Copy
Central Files
Kerr T. Stevens
Division of Water Quality o Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
North Carolina Golf Enterprises
C/o Mr. Mark Black
4800 Six Forks Road, Ste 100
Raleigh, NC 27609
1 ? •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Denial of an Application for Water Quality Certification
Eagle Ridge Residential and Golf Course Community in Garner
Wake County
WQC #001116, COE #199920576
Dear Mr. Black:
Your application for a modified Water Quality Certification under Section 401 of the Federal
Clean Water Act was received by the Division on August 22, 2000 (with the required fee received
October 9, 2000). The activity for which the Certification is sought is to relocate 130 feet of a
stream and fill 315 feet of a perennial stream at Eagle Ridge Residential and Golf Course
Community in Garner. A Water Quality Certification is a determination by the Division that the
activity for which the federal permit or license is sought is not expected to result in a violation of
state water quality standards for the waters of the state.
After a thorough, on-site inspection of your property, our staff has determined that existing
uses are present in the streams as described in 15A NCAC 2B.0220. As provided by 15A NCAC
2H .0506, our review must determine whether a proposed project will remove or degrade the
existing uses of this water has replaced any unavoidably lost uses through compensatory
mitigation. In accordance with these rules, the Division has determined that you have not
demonstrated that rule has been met as discussed in our letters of August 25, 2000, November
17, 2000, February 9, 2001, March 15, 2001 and April 5, 2001. 1 am hereby notifying you that this
project would result in a violation on 15A NCAC 2H.0506. Therefore, in accordance with 15A
NCAC 2H 0507(e), the 401 Water Quality Certification for this project is hereby denied.
If this denial is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this denial. This request must be a written
Division of Water Quality
1617 Mail Service Center Raleigh NC 27669-1617 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/10% post consumer paper
Page 2
petition conforming to Chapter 150B of the North Carolina General Statures and filed with the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, NC 27611-7447. Unless such
demands are made, this denial shall be final and binding.
We are available to further discuss modification to your proposal, which would answer our
objections and allow issuance of a 401 Certification. Providing compensatory stream mitigation
and conducting the repair that is needed to the on-site stream restoration project would result in an
approvable project under 15A NCAC 2H .0506.
If you have any questions concerning this denial, please contact Mr. John Dorney in the
Water Quality Non-Discharge Branch of this Division at [phone].
Sincerely,
Kerr T. Stevens
cc: Raleigh DWQ Regional Office
U.S. Army Corps of Engineers Wilmington Office
U.S. Army Corps of Engineers Raleigh Field Office
Doug Huggett, DCM
File Copy
Central Files
Jim Spangler; Spangler Environmental
Kathy Matthews, US EPA-Region IV
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Mike F. Easley, Governor
William G. Ross, Secretary
Kerr T. Stevens, Director
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
North Carolina Golf Enterprises
C/o Mr. Mark Black
4800 Six Forks Road, Ste 100
Raleigh, NC 27609
Dear Mr. Black:
A4610
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Denial of Request for Water Quality Certification
Sandler at Old Ridge
Wake County
WQC #001116, COE #199920576
Your application for a modified Water Quality Certification under Section 401 of the Federal Clean
Water Act was received by the Division on August 22, 2000 (with the required fee received October 9, 2000).
The activity for which the Certification is sought is to relocate 130 feet of a stream and fill 315 feet of a
perennial stream at Eagle Ridge Residential and Golf Course Community in Garner. A Water Quality
Certification is a determination by the Division that the activity for which the federal permit or license is
sought is not expected to result in a violation of state water quality standards for the waters of the state.
After a thorough, on-site inspection of your property, our staff has determined that existing uses are
present in the streams as described in 15A NCAC 2B.0220. As provided by 15A NCAC 2H .0506, our
review must determine whether a proposed project will remove or degrade the existing uses of this water
has replaced any unavoidably lost uses through compensatory mitigation. In accordance with these rules,
the Division has determined that you have not demonstrated that rule has been met as discussed in our
letters of August 25, 2000, November 17, 2000, February 9, 2001, March 15, 2001 and April 5, 2001.
Therefore I am hereby notifying you that this project would result in a violation on 15A NCAC 2H.0506.
Therefore, in accordance with 15A NCAC 2H 0507(e), the 401 Water Quality Certification for this project is
hereby denied.
If this denial is unacceptable to you, you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this denial. This request must be a written petition conforming to
Chapter 150B of the North Carolina General Statures and filed with the Office of Administrative Hearings,
P.O. Box 27447, Raleigh, NC 27611-7447. Unless such demands are made, this denial shall be final and
binding.
We are available to further discuss modification to your proposal, which would answer our objections
and allow issuance of a 401 Certification. Providing compensatory stream mitigation and conducting the
repair that is needed to the on-site stream restoration project would result in an approvable project under
Division of Water Quality
1650 Mail Service Center Raleigh NC 27669-1650 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/10% post consumer paper
15A NCAC 2H .0506. If you have any questions concerning this denial, please contact Mr. John Dorney in
the Water Quality Non-Discharge Branch of this Division at [phone].
ca Raleigh DWQ Regional Office
U.S. Army Corps of Engineers Wilmington Office
U.S. Army Corps of Engineers Raleigh Field Office
Doug Huggett, DCM
File Copy
Central Files
Jim Spangler; Spangler Environmental
Kathy Matthews, US EPA-Region IV
Sincerely,
Kerr T. Stevens