19981008 Ver 1_COMPLETE FILE_19981008

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
October 28, 1998
Chatham County
DWQ Project # 981008
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Lee Moore Oil Co.
PO Drawer 9
Sanford, NC 27331-0009
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to place
fill material in 0.224 acres of wetlands and/or 3465 linear feet of streams for the purpose of constructing
irrigation ponds and a golf course at Panther Creek Resort, as you described in your application dated
October 8, 1998. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit
Number 26 when the Corps of Engineers issues it. In addition, you should get any other federal, state or
local permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will
expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your new application except
as modified below. If you change your project, you must notify us and send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby
responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed
one acre, compensatory mitigation may be required as described in 15A NCAC 2H 00506(h) (6) and (7). For
this approval to be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands
and waters or areas within 50 feet of all streams and ponds to notify the state in order to assure compliance
for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date
of this letter or the issuance of the 404 Permit (whichever is later).
2. Stormwater shall not be allowed to flow directly into streams from this golf course.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
John Dorney
Central Files
Kevin Martin; S & E C
Si ely,
ton Howar , Jr. P.E.
981008.1tr
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Panther Creek Resort County Chatham
Project Number 98 1008 County2
Recvd From APP Region Raleigh
Received Date 10/8/98 Recvd By Region
Project Type golf course
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Tvne TVDe Impact Score Index Prim. Supp. Basin Req. Req.
F_26r- O Y O N F- 16-4-1-17- r C NSW 030605 0.22F
[_14 1? O Y N
F-1- F'770 N ????1 F_
Mitigation Wetland
MifinntinnTvne Type Acres Feet
F- F F_
Is Mitigation required? Q Y 0 N
Did you request more info? Q Y O N
Is Wetland Rating Sheet Attached? Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Recommendation: Q Issue O Issue/Cond O Deny
Comments:
cc: Regional Office Page Number 1
Central Office
TRIAGE CHECKLIST
Project Name: ??4j_"
Project Number: Pj I `-'
County: 0,
The attached project has been sent to you for review for the following reasons. Please consider whether a
site visit is needed to determine the impacts. Particular attention should focus on the below checked items.
Please feel free to call the central office staff member assigned to your region if you need assistance.
- Stream length impacted.
Stream determination (i.e. intermittent or perennial, or any channel present).
Wetland impact and distance to blue-line surface waters on USGS topo map.
Minimization/avoidance options.
NW 14. (is access to highground or wetlands)?
Neuse buffer rules.
Pond (water) fill (i.e. is the pond drained or holding water)?
- Pond creation (i.e. in uplands, in a drained channel, or in wetlands). Please locate streams and
channels (if any) so that the central office can determine.
- Mitigation ratios.
- Stormwater pond placed in wetlands.
- Ditching in wetlands.
- Is the applicant's proposed stream/wetland mitigation site available and viable?
- Applicant/consultant has a history of non-compliance (check drawings and application for
accuracy).
- Has project been split from previous work to avoid mitigation requirements'?
- Consistent with pre-application meetings?
- Cumulative impact concerns.
OTHER:
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
US ArmV Corps of En rs - Regyl?
Attn: Mr. Todd OCT
'i, t -
6508 balls of the Neusc' Ro d
Suite 120 j WETUNDS GRPt '
Raleigh, NC 27615
Dear Mr. 'Fugwell:
9 8

October 6, 1998
NCDF.HNR - DWQ
Attn: John Dorney
4401 Reedy Creak Road
Raleigh, NC 27607
'T'ile purpose of this letter is to request a Nationwide Permit 26 for the project known as
Panther Creek Resort. The project is located near Cary, NC (Chatham County). The
site is shovvn on the attached plans and USGS'Topo Quad vicinity map.
A Nationwide Permit 26 will be necessary to temporarily impact 0.224 acres (see map)
of jurisdictional waters and wetlands above headwaters for the construction of
irrigation lakes to serve a proposed golf course. The project is not feasible without
these lakes. 'I'll(, potential buyer desires to know if the lakes can be permitted prior to
proceeding further. Tile remaining project will contain little or no residential
development and can be constructed with few other impacts except possible road
crossings. The area is in the Triassic basin and has little base flow in the Stream, so
adequate irrigation is not possible without the lakes. The streams are currently dry and
the southern most channel may not even be jurisdictional.
The lakes that are proposed will offer some increased wetland functional values in
comparison to the existing on-site jurisdictional areas. The proposed lakes will be
capable of holding more stormflow and will better allow for suspended solids to settle
out. In light of the proposed development of the tract into a golf course, an increased
stormwater flow holding time will assist in maintaining water quality downstream.
Some areas of wetland and waters will be inadvertently created when the lake is
constructed. Also DWQ usually requires lakes to be constructed on golf course
projects.
Wetland impacts are to intermittent channels. 'T'ile subsequent conversion of the
headwaters of the lake and some margins of the lake to wetlands will more than off-set
adverse impacts.
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste "Treatment Systems, Evaluation and Design
Practical Altel'?liitlves/Mllllmlziltloll
In my opinion, the information below should be adequate without further information.
1) The site is in the Triassic Basin (i.e. little base flow in streams mostly stormflow or
winter flow when irrigation isn't needed).
2) 't'hese streams are dry in summer months when irrigation (about 300,000gpd) is
needed so maximizing storage is of utmost importance. Pumping from a dry
stream is not practical.
3) Depth to rock and common sense prohibits excavating a pond on hilltops or side
slopes off natural drainageways.
4) It is not practical to obtain groundwater of sufficient volume alone in the
'T'riassic Basin to support a golf course's irrigation needs.
5) Placing the ponds on small tributaries rather than the large one will not maximize
runoff collection, in filet it nlininlizes it by allowing most available runoff to bypass
the irrigation ponds and the site.
6) The client has gone to great lengths to locate a site with minimal wetlands and
jurisdictional waters in hopes of avoiding a complex permitting process.
The attached Schematic Lake Plan contains Information regarding the sizes of the
channels that are to be impacted. An agent authorization form is enclosed. Total
impacts to significant "streams" due to dam construction will be 0'. DWQ does not
require mitigation for impacts to streams due to pond construction and since total
wetland impacts are less than one acre, no DWQ wetland or stream mitigation should
be required.
Please call if you have questions or if you intend to perform a site visit to confirm our
wetlands and significance determinations.
Sincerelv,
Kevin C. Martin
President
Note: Prior notification is not required for impacts less than 1/3 acre
significant stream channel. Therefore this notification is a professio
KCM/edk
i
rake .
Of

DWQ ID:
Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 26 & 14
Pre-Construction Notification Application
For Nationwide Permits that Require:
1) Notification to the Corps of Engineers
2) Application for Section 401 Certification
3) Coordination with the NC Division of Coastal Management
Send the original and (1) copy of this completed form to the appropriate field office of
the Corps of Engineers (see agency addresses sheet). Seven (7) copies should be sent to
the NC Division of Environmental Management (see agency addresses sheet). PLEASE
PRINT.
1. Owner's Name: Lee Moore Oil Company
2. Mailing Address: Drawer 9
Subdivision Name: Panther Creek Resort
City: Sanford State: NC Zip Code: 27331-0009
Project location address, including subdivision name (if different from mailing address
above): See Vicinity map
3) Telephone Number (Home):
(Work): 919-775-2301
4) If applicable, agents name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants Inc. Phone: [phone]
244 W. Millbrook Road
Raleiqh NC 27609
5. Location of work (provide a map, preferable a copy of USGS topographic map or
aerial photograph with scale):
County: Chatham Nearest town or city: Cary
Specific Location (include road numbers, landmarks, etc.): South of SR 1731,
west of abandoned Southern Railway Track north of Panther creek, east of
Northeast Creek (See attached USGS)
6. Impacted or nearest stream/river: Unnamed Tributaries of Panther and
Northeast Creeks
River Basin: Cape Fear
7a. Is project located near water classified as trout, tidal saltwater (SA), high quality
waters (HQW), outstanding resource waters (ORW), water supply (WS-I or WS-
II)? YES ( ) NO (X) If yes, explain:
7b. If the project is located within a North Carolina division of coastal management
area of environmental concern (AEC)? YES ( ) NO ( X )
7c
If the project is located within a coastal county (see page 7 for list of coastal
counties), what is the land use plan (LUP) designation?
8a. Have any Section 404 permits been previously requested for use on this property?
YES ( ) NO ( X ) If yes, provide Action ID number of pervious permit and
any additional information (including photocopy of 40"l certification).
8b. Are additional permit requests expected for this property in the future?
YES ( X ) NO ( ) If yes, describe anticipated work: Additional road
crossings maybe needed in the future. However, the client needs to know if
the lakes proposed can be authorized before he moves forward with detailed
planning
9a. Estimated total number of acres in tract of land:
450 acres
9b. Estimated total number or acres of wetlands located on project site:
unknown but <5

10a. Number of acres of wetlands impacted by the proposed project by:
Filling: 0.014
Flooding: 0.21
Drainage:
Excavation:
Other:
Total acres to be impacted: 0.224
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: 3465 ft
After:
ft
Width Before (based on normal high water contours):
ft
Width After: ft
Average depth before:
ft
After: ft
(2) Stream channel impacts will result from: (check all that apply)
Open channel relocation: Placement of pipe in channel:
Channel Excavation: Construction of a Dam/Flooding: X
Other:
11. If construction of a pond is proposed, what is the size of the watershed draining to
the pond? 200 ac. Northern Pond, 75 ac Southern Pond
What is the expected pond surface area? 14.4 acres and 9.4 acres
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 81/2" x 11" drawings only):
Construction of irrigation lakes by conventional methods
13
Purpose of proposed work: Allow development of a private golf course by
providing an irrigation source (storage) during dry periods
-14
State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts):
See attached Soil & Environmental Consultants Inc. letter
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or
National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding
the presence of any federally listed or proposed for listing endangered or
threatened species or critical habitat in the permit area that may be affected by the
proposed project. Date contacted: (attach responses from these agencies).
Performed by Corps --
16. You are required to contact the state historic preservation officer (SHPO) (see
agency address sheet) regarding the presence of historic properties in the permit
area which may be affected by the proposed project. Date contacted:
Performed by Corps
17. Does the project involve an expenditure of public funds or the use of public (state)
land?
YES ( ) NO (X) If no, go to 18.
a. If yes, does the project require preparation of an environmental document
pursuant to the requirements of the North Carolina Environmental Policy
Act?
YES ( ) NO ( )
b. If yes, has the document been reviewed through the North Carolina
Department of Administration Stat Clearinghouse?
YES ( ) NO ( )
If answers to 17b is YES, then submit appropriate documentation from the state
clearinghouse to division of environmental management regarding compliance
with the North Carolina Environmental Policy Act.
Questions regarding the State Clearinghouse review process should be directed to
Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of
Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003,
telephone [phone].
18. The following items should be included with this application if proposed activity
involves the discharge of excavated or fill material into wetlands:
a. Wetland delineation map showing all wetlands, streams, lakes and ponds on
the property (for Nationwide Permit numbers 14, 18, 21, 26, 29 and 38). All
streams (intermittent and permanent) on the property must be shown on the
map. Map scales should be 1 inch equals 50 feet or "1 inch equals 100 feet or
their equivalent.
b. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant
to the placement of the delineation line.
d. Attach a copy of the stormwater management plan, if required.
e. What is land used of surrounding property? residential or undeveloped
If applicable, what is proposed method of sewage disposal? N/A
g. Signed and dated agent authorization letter, if applicable.
NOTE: Wetlands or Waters of the U.S. may not be impacted prior to:
"l. Issuance of a Section 404 Corps of Engineers Permit,
2. Either the issuance or waiver of a 401 Division of Environmental
Management (Water Quality) certification, and
3. (in the twenty coastal counties only) A letter from the North Carolina
Division of Coastal Management stating the proposed activity is consistent
with the North Carolina Coastal Management program.
Owner's gent' Signature
?(\-) 1(, (? 6
Date
(Agent's signature valid only if
Agent Authorization Letter from
the owner is provided (18 g.))
Delineation Performed by: Soil & Environmental Consultants, Inc.
244 West Millbrook Road 231 16th Avenue NE
Raleigh, NC 27609 Hickory, NC 28601
Phone: [phone] Phone: [phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Panther Creek Resort Date: 9/16/98
Applicant/Owner: Lee-Moore Oil Co. County: Chatham
Investigator: Kevin Martin State: NC
Do normal circumstances exist on the site?
Is the site significantly disturbed
(Atypical situation)?
Is the area a potential problem area?
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum
1. Pinus taeda Canopy
21iridendron tulipifera Canopy
3.Quercus albs Canopy
4.Liquidambar styraciflua Canopy
5.
Yes Community ID: Mixed Pine-Hardwood Forest
NO No Transit ID:
NO No Plot ID:
Indicator Dominant Plant Species Stratum Indicator
FAC 9.
FAC
FACU
FAC+
6. Corpus florida Shrub FACU
7.
8.
10.
11.
12.
13.
14.
15.
16.
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 60%
Remarks:
HYDROLOGY
Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
Other
X No recorded Data Available
Field Observations:
Depth of Surface Water: (in.)
Depth to Free Water in Pit: (in.)
Depth to Saturated Soil: _ >24 (in.)
Wetland Hvdroloev Indicators:
Primarv Indicators:
Inundated
Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators: (2 or more required)
Oxidized Root Channels in
Upper 12 Inches
Water-Stained Leaves
Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
Remarks:
WLdata.frm
SOILS
Map Unit Name
(Series and Phase):
Taxonomy (Subgroup):
Creedmoor sandy loam
Aquic Hapludults
Drainage Class: Moderately well
Field Observations
Confirm Type? Yes
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture Concretions,
(ins.) Horizon (Munsell Moist) (Munsell Moist) Abundance/ Contrast Structure etc.
0-6 Ap 10YR 4/4
6-11 Btl 10YR 6/6
11-15 Bt2 10YR 5/8
sandy loam
clay
clay
Hydric Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
Remarks: No indicators
Concretions
High Organic Content in Surface Layer in Sandy Soil
Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
Listed on National Hydric Soils List
Other (explain in remarks)
Wetland Determination
Hydrophytic Vegetation Present? Yes
Wetland Hydrology Present? No
Hydric Soils Present? No
is This Sampling Point Within a Wetland? No
Remarks:
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Soil & Environmental Consultants, Inc.
244 West Milllxook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
- AGENT AUTHORIZATION FORM -
ALL BLANKS TO BE FILLED IN BY CURRENT LANDOWNER
Name:
Address
Address
Date
Phone:
Project Name/Description
The Department of the Army
U.S. Army Corps of Engineers
Wilmington District
PO Box 1890
NC 28402
Le>e Maori ?l I ?? y
Wilmington,
Attn:
Field Office:
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern: Environmental
I, the current property hereby designate
agent and in the authorize processing Soil and of perm it appl cations, to
Consultants, Inc. to act in t behalf as my tion 'n support of a plications, etc. from this day
furnish upon request V1' su-pPe daofmen
forward. This the Y
This notification supersedes any previous correspondence concerning the agent for this project.
L
Print Owners Name.
cc: Mr. John Dorney
NCDEH&NR - DEM
Water Quality Planning
4401 Reedy Creek Road
Raleigh, NC 27607
cc: Mr. Kevin Martin
Soil and Environmental Consultants, Inc
Pro e wners ignature:
S<,l_valuatuin ¦ Mapping; and Physical Analy rat 0W(' mani M,?tiun)an t)d Miti ation ¦ I. m,tr<intnental
On 5tte Wastt l
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PRE-DISCHARGE NOTIFICATION PCN
TO: National Marine Fisheries Service
Fivers Island, NC FAX [phone]
US Fish & Wildlife Service
Raleigh, NC FAX ('919)856-4556
State Historic Preservation Office
Raleigh, NC FAX [phone]
NC Division of Water Quality
Raleigh, NC FAX (919M3-9959
NC Wildlife Resources Commission
Creedmoor, NC FAX [phone]
1. ACTION ID: 199920033/199920034
2. APPLICANT! Lao Mooro Oil Company
3. DATE OF TRANSMITTAL: 10/19/98
4. RESPONSE DEADLINE(5 days from transmittal): 10/23/98
5. COMMENT DEADLINE(10 days from response deadline): 11/2/98
6. SEND COMMENTS TO: RALEIGH REGULATORY FIELD OFFICE
RALEIGH, NC
ATTN : Todd Tugovell
FAX [phone]
we are also forwarding the attached PCN to the Fish and Wildlife
Service and the National Marine Fisheries Service toz review and
comment concerning any likely affect tv any threatened or
endangered species or their critical habitat within those
agencies' jurisdiction.
T018 bS:ZT 866T'bT'0T ( aNciuin63a HE1318N WONA
Soil & Environmental Consultants, Inc.
244 West Millbrrool oad ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
October 6, 1998
US Army ORrpslil?gineers - Regulatory
Attn: Mr. Todd Tugwell
6508 Falls of the Neuse Road
Suite 120
Raleigh, NC 27615
NCDEHNR - DWQ
Attn: John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
Dear Mr. Tugwell:
The purpose of this letter is to request a Nationwide Permit 26 for the project known as
Panther Creek Resort. The project is located near Cary, NC (Chatham County). The
site is shown on the attached plans and USGS Topo Quad vicinity map.
A Nationwide Permit 26 will be necessary to temporarily impact 0.224 acres (see map)
of jurisdictional waters and wetlands above headwaters for the construction of
irrigation lakes to serve a proposed golf course. The project is not feasible without
these lakes. The potential buyer desires to know if the lakes can be permitted prior to
proceeding further. The remaining project will contain little or no residential
development and can be constructed with few other impacts except possible road
crossings. The area is in the Triassic basin and has little base flow in the stream, so
adequate irrigation is not possible without the lakes. The streams are currently dry and
the southern most channel may not even be jurisdictional.
The lakes that are proposed will offer some increased wetland functional values in
comparison to the existing on-site jurisdictional areas. The proposed lakes will be
capable of holding more stormflow and will better allow for suspended solids to settle
out. In light of the proposed development of the tract into a golf course, an increased
stormwater flow holding time will assist in maintaining water quality downstream.
Some areas of wetland and waters will be inadvertently created when the lake is
constructed. Also DWQ usually requires lakes to be constructed on golf course
projects.
Wetland impacts are to intermittent channels. The subsequent conversion of the
headwaters of the lake and some margins of the lake to wetlands will more than off-set
adverse impacts.
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
Practical Alternatives/Minimization
In my opinion, the information below should be adequate without further information.
1) The site is in the Triassic Basin (i.e. little base flow in streams mostly stormflow or
winter flow when irrigation isn't needed).
2) These streams are dry in summer months when irrigation (about 300,000gpd) is
needed so maximizing storage is of utmost importance. Pumping from a dry
stream is not practical.
3) Depth to rock and common sense prohibits excavating a pond on hilltops or side
slopes off natural drainageways•
4) It is not practical to obtain groundwater of sufficient volume alone in the
Triassic Basin to support a golf course's irrigation needs.
5) Placing the ponds on small tributaries rather than the large one will not maximize
runoff collection, in fact it minimizes it by allowing most available runoff to bypass
the irrigation ponds and the site.
6) The client has gone to great lengths to locate a site with minimal wetlands and
jurisdictional waters in hopes of avoiding a complex permitting process.
The attached Schematic Lake Plan contains information regarding the sizes of the
channels that are to be impacted. An agent authorization form is enclosed. Total
impacts to significant "streams" due to dam construction will be 0'. DWQ does not
require mitigation for impacts to streams due to pond construction and since total
wetland impacts are less than one acre, no DWQ wetland or stream mitigation should
be required.
Please call if you have questions or if you intend to perform a site visit to confirm our
wetlands and significance determinations.
Sincerely,
- 44
Kevin C. Martin
President
Note: Prior notification is not required for impacts less than 1/3 acre or 150' of
significant stream channel. Therefore this notification is a professional courtesy.
KCM/edk
DWQ ID:
Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 26 & 14
Pre-Construction Notification Application
For Nationwide Permits that Require:
1) Notification to the Corps of Engineers
2) Application for Section 401 Certification
3) Coordination with the NC Division of Coastal Management
Send the original and (1) copy of this completed form to the appropriate field office of
the Corps of Engineers (see agency addresses sheet). Seven (7) copies should be sent to
the NC Division of Environmental Management (see agency addresses sheet). PLEASE
PRINT.
1. Owner's Name: Lee Moore Oil Company
2. Mailing Address: Drawer 9
Subdivision Name: Panther Creek Resort
City: Sanford
State: NC
Zip Code: 27331-0009
Project location address, including subdivision name (if different from mailing address
above): See Vicinity map
3) Telephone Number (Home): (Work): 919-775-2301
4) If applicable, agent' s name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants Inc Phone: [phone]
244 W. Millbrook Road
Raleigh NC 27609 ----
5. Location of work (provide a snap, preferable a copy of USGS topographic map or
aerial photograph with scale):
County: Chatham Nearest town or city: Cary
Specific Location (include road numbers, landmarks, etc.): South of SR 1731,
west of abandoned Southern Railway Track, north of Panther creek, east of
Northeast Creek (See attached USGS)
6. Impacted or nearest stream/river: Unnamed Tributaries of Panther and
Northeast Creeks
River Basin: Cape Fear
7a. Is project located near water classified as trout, tidal saltwater (SA), high quality
waters (HQW), outstanding resource waters (ORW), water supply (WS-I or WS-
II)? YES ( ) NO (X) If yes, explain:
7b. If the project is located within a North Carolina division of coastal management
area of environmental concern (AEC)? YES ( ) NO ( X )
7c.
If the project is located within a coastal county (see page 7 for list of coastal
counties), what is the land use plan (LUP) designation?
8a. Have any Section 404 permits been previously requested for use on this property?
YES ( ) NO ( X ) If yes, provide Action ID number of pervious permit and
any additional information (including photocopy of 401 certification).
8b. Are additional permit requests expected for this property in the future?
YES ( X ) NO ( ) If yes, describe anticipated work: Additional road
crossings maybe needed in the future. However, the client needs to know if
the lakes proposed can be authorized before he moves forward with detailed
planning
9a. Estimated total number of acres in tract of land: 450 acres
9b. Estimated total number or acres of wetlands located on project site:
unknown but <5
10a. Number of acres of wetlands impacted by the proposed project by:
Filling: 0.014 Excavation:
Flooding: 0.21 Other:
Drainage:
Total acres to be impacted: 0.224
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: 3465 ft
After:
ft
ft
Width Before (based on normal high water contours):
Width After: ft
Average depth before: ft After:
ft
(2) Stream channel impacts will result from: (check all that apply)
Open channel relocation: Placement of pipe in channel:
Channel Excavation: Construction of a Dam/Flooding: X
Other:
11. If construction of a pond is proposed, what is the size of the watershed draining to
the pond? 200 ac. Northern Pond, 75 ac-Southern Pond
What is the expected pond surface area? 14.4 acres and 9.4 acres
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 81/2" x 11" drawings only):
Construction of irrigation lakes by conventional methods
13. Purpose of proposed work: Allow development of a private golf course by
providing an irrigation source (storage) during dry periods
14.
State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts):
See attached Soil & Environmental Consultants Inc. letter
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or
National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding
the presence of any federally listed or proposed for listing endangered or
threatened species or critical habitat in the permit area that may be affected by the
proposed project. Date contacted: (attach responses from these agencies).
Performed by Corps
16. You are required to contact the state historic preservation officer (SHPO) (see
agency address sheet) regarding the presence of historic properties in the permit
area which may be affected by the proposed project. Date contacted:
Performed by Corps
17. Does the project involve an expenditure of public funds or the use of public (state)
land?
YES ( ) NO (X) If no, go to 18.
If yes, does the project require preparation of an environmental document
pursuant to the requirements of the North Carolina Environmental Policy
Act?
YES ( ) NO
b. If yes, has the document been reviewed through the North Carolina
Department of Administration Stat Clearinghouse?
YES ( ) NO ( )
If answers to 17b is YES, then submit appropriate documentation from the state
clearinghouse to division of environmental management regarding compliance
with the North Carolina Environmental Policy Act.
Questions regarding the State Clearinghouse review process should be directed to
Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of
Administration, "116 West Jones Street, Raleigh, North Carolina 27603-8003,
telephone [phone].
"18. The following items should be included with this application if proposed activity
involves the discharge of excavated or fill material into wetlands:
a. Wetland delineation map showing all wetlands, streams, lakes and ponds on
the property (for Nationwide Permit numbers 14, 18, 21, 26, 29 and 38). All
streams (intermittent and permanent) on the property must be shown on the
map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or
their equivalent.
b. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant
to the placement of the delineation line.
d. Attach a copy of the stormwater management plan, if required.
e. What is land used of surrounding property? _residential or undeveloped
If applicable, what is proposed method of sewage disposal? N/A
g. Signed and dated agent authorization letter, if applicable.
NOTE: Wetlands or Waters of the U.S. may not be impacted prior to:
1. Issuance of a Section 404 Corps of Engineers Permit,
2. Either the issuance or waiver of a 401 Division of Environmental
Management (Water Quality) certification, and
3. (in the twenty coastal counties only) A letter from the North Carolina
Division of Coastal Management stating the proposed activity is consistent
with the North Carolina Coastal Management program.
Owner's gent Signature
Date
(Agent's signature valid only if
Agent Authorization Letter from
the owner is provided (18 g.))
Delineation Performed by: Soil & Environmental Consultants, Inc.
244 West Millbrook Road 231 16th Avenue NE
Raleigh, NC 27609 Hickory, NC 28601
Phone: [phone] Phone: [phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Panther Creek Resort Date: 9/16/98
Applicant/Owner: Lee-Moore Oil Co. County: Chatham
Investigator: Kevin Martin State: NC
Do normal circumstances exist on the site?
Is the site significantly disturbed
(Atypical situation)?
Is the area a potential problem area?
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum
1. Pinus taeda Canopy
21iridmdron tulipikra Canopy
3.Quercus alba Canopy
4.Liquidambar styraciflua Canopy
5.
6. Corpus florida Shrub
7.
8.
Yes Community ID: Mixed Pine-Hardwood Forest
NO No Transit ID:
NO No Plot ID:
Indicator Dominant Plant Species
FAC 9.
FAC 10.
FACU 11.
FAC+ 12.
13.
FACU 14.
15.
16.
Stratum Indicator
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 60%
Remarks:
HYDROLOGY
Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
Other
X No recorded Data Available
Field Observations:
Depth of Surface Water: (in.)
Depth to Free Water in Pit: (in.)
Depth to Saturated Soil: >24 (in.)
Remarks:
Wetland HvdroloQv Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators: (2 or more required)
Oxidized Root Channels in
Upper 12 Inches
Water-Stained Leaves
Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
WLdata.frm
SOILS
Map Unit Name
(Series and Phase)
Taxonomy (Subgroup)
Creedmoor sandy loam
Aquic Hapludults
Drainage Class: Moderately well
Field Observations
Confirm Type? Yes
Profile Description:
DeRth Matrix Color Mottle Colors Mottle Texture, Concretions,
(ins.) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc.
0-6 Ap 10YR 4/4
6-11 Btl 10YR 6/6
11-15 Bt2 10YR 5/8
sandy loam
clay
clay
Hydric Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
Concretions
High Organic Content in Surface Layer in Sandy Soil
Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
Listed on National Hydric Soils List
Other (explain in remarks)
Remarks: No indicators
Wetland Determination
Hydrophytic Vegetation Present? Yes
Wetland Hydrology Present? No
Hydric Soils Present? No
Is This Sampling Point Within a Wetland? No
Remarks:
rI:SAIL S
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• / 1)ICLINA110N AT CFNTI R OF SHE FT I
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!owcst il & Environmental Consultants, Inc.
Millhrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
- AGENT AUTHORIZATION FORM -
ALL BLANKS TO BE FILLED IN BY CURRENT LANDOWNER
Name:
Address
Address
Prone:
Project Name/Description
Date:
MoorO I___'- 5
Pt'
a art ty C_ Z? 33 1.
i'
The Department of the Army
U.S. Army Corps of Engineers
Wilmington District
PO Box 1890
Wilmington, NC 28402
Attn: &
t
rc ?
Field Office:
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern: Environmental
I, the current property owner, hereby designate and ithoriz Soil and of perm it appl cations, to
Consultants, Inc. to act in my behalf as my agent in the processing
furnish upon request supplemental inform tion 'ln suppWrtf plications, etc. from this day
forward. This the l4_ day of
This notification supersedes any previous correspondence concerning the agent for this project.
L
Print Owners Name:
cc: Mr. John Dorney
NCDEH&NR - DEM
Water Quality Planning
4401 Reedy Creek Road
Raleigh, NC 27607
cc: Mr. Kevin Martin
Soil and Environmental Consultants, Inc.
4ewners ignature:
SnillSitc {.valuatuu? ¦ Mapping; and Physical AnaIN,srs ¦ Wetland, Maltil'r1, +nd dtgatic?n ¦ 1.rn'ircuirnenl.r
On Site Waste treatment ')ystems, I Design
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