20070464 Ver 1_Other Agency Correspondence_20070516

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Mr. Scott Hammerbacher
Franklin County
Planning and Inspections
215 E. Nash St.
Louisburg, NC 27549
Subject: Olde Liberty Golf Club (formerly Old Ballymore)
Franklin County, NC
Water Supply Watershed Rules
Dear Mr. Hammerbacher:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Certified Mail
Return Receipt Requested
7003 2260 0005 5380 7354
On March 15, 2007, the Division of Water Quality received an application for 401 Water Quality
Certification from Soil & Environmental Consultants, P.A. of Raleigh, NC for the Olde Liberty
Golf Club in Franklin County, NC (DWQ No. 07-0464, see attached). The project is located
within the watershed of a portion of Cedar Creek classified as WS-II NSW waters, a High
Quality Water. The Division's Non-Point Source Assistance and Compliance Oversight Unit
(NPS-ACO) has reviewed the application and would like to bring some non-compliance issues to
your attention. These issues will need to be addressed by both your office and the applicants.
As designed, the project does not comply with the section of North Carolina Administrative
Code (NCAC) that administers standards for surface water quality within a water supply
watershed. Specifically, the proposed Olde Liberty Golf Club project does not comply with the
requirements of 15A NCAC 2B .0214 Fresh Surface Water Quality Standards for Class WS-II
Waters, which limit development density to either no more than one dwelling unit per acre of
single family detached residential development or 12 percent built-upon area. This section of the
NCAC is attached and highlighted for your reference. A review of Franklin County's watershed
protection ordinance indicates that the County prohibits residential development above 12
percent built-upon area in a WS-II-BW.
On page 16 of the 401 application, it is stated, "the proposed impervious surface percentage area
is 4,467,178 square feet or 18.98%." This is well above the 12% built-upon area allowed by 15A
NCAC 2B in a WS-II-BW. It is of concern to the NPS-ACO Unit that the project has
progressed to this paint without adequate review by the County for compliance with water
supply watershed protection rules. The WS-II classification is assigned to waters in
predominantly undeveloped watersheds and which need maximum protection to prevent
pollution of drinking water resources. Limiting impervious surface or built-upon area is an
effective tool that a local government can use to address the threat of water pollution from non-
Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh, NC 27699-1617
Internet: h2o.enrstate.nc.us 512 N. Salisbury St. Raleigh, NC 27604
Phone [phone]
FAX [phone]
Nye Carolina
~turally
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper

S. Hammerbacher
Franklin County
Page 2
5/15/2007
point sources.
It is requested that you respond to this correspondence in writing within 21 days of receipt.
Your response should be sent to the Attention of Julie Ventaloro at 1617 Mail Service
Center, Raleigh, NC 27699-1617:
1. Provide copies of all the proposed development information submitted to Franklin
County from when this project was known as Ballymore and Olde Liberty Subdivision.
You should provide information on any approvals issued by Franklin County,
documentation of Franklin County's project review, and any information submitted to you
regarding the development density of the proposed subdivision.
2. Provide a detailed written description of the process the County uses to review proposed
projects for compliance with watershed protection rules. The NPS-ACO Unit needs
assurance that Franklin County understands that the provisions contained in their
watershed protection ordinance must be applied to every project to be developed in a
water supply watershed.
3. Provide a written description of how Franklin County will respond to the non-compliance
of Olde Liberty Golf Club project with regard to the built-upon area requirement in a WS-
II and how the County will ensure that the project will not move forward until it can
demonstrate full compliance with all water supply watershed protection rules as outlined
in 15A NCAC 2B and the County's watershed protection ordinance.
Attached are copies of referenced sections of Franklin County's watershed protection ordinance
as well as a map showing the WS-II area of Cedar Creek for your information.
The NPS-ACO Unit is here to provide assistance/guidance to local governments in implementing
water supply watershed protection rules. Your efforts to protect North Carolina's water supply
resources are appreciated. If you have any questions about this request for information or other
matters relating to the water supply watershed rules please do not hesitate contact Julie Ventaloro
or myself at [phone].
S' cerely, r
~!'I~ l ~ ~
Danny
Division of Water Quality
Non Point Source Assistance and Compliance Oversight
Enclosures: referenced sections of NCAC
referenced sections of Franklin County's watershed protection ordinance
map showing Cedar Creek watershed
Copy of application for 401 permit
cc: DWQ Raleigh Regional Office
DWQ, 401 Oversight/Express Permitting Unit
Central Files
NPS Assistance and Compliance Oversight

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Cedar Creek
WS-II-BW
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Fr~klin County
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(ii) Water quality standards (maximum permissible concentrations) to protect human health
through water consumption and fish tissue consumption for carcinogens in Class WS-I
waters:
(A) Aldrin: 0.127 ng/1;
(B) Arsenic: 10 ug/1;
(C) Benzene: 1.19 ug/1;
(D) Beryllium: 6.8 ng/l;
(E) Carbon tetrachloride: 0.254 ug/l;
(F) Chlordane: 0.575 ng/1;
(G) Chlorinated benzenes: 488 ug/1;
(H) DDT: 0.588 ng/1;
(I) Dieldrin: 0.135 ng/1;
(J) Dioxin: 0.000013 ng/l;
(K) Heptachlor: 0.208 ng/1;
(L) Hexachlorobutadiene: 0.445 ug/1;
(M) Polynuclear aromatic hydrocarbons: 2.8 ng/l;
(N) Tetrachloroethane (1,1,2,2): 0.172 ug/1;
(O) Tetrachloroethylene: 0.8 ug/1;
(P) Trichloroethylene: 3.08 ug/1;
(Q) Vinyl Chloride: 2 ug/l.
History Note: Authority G.S. 143-214.1; 143-215.3(a)(1);
E~`.' February 1, 1976;
Amended Eff. April 1, 2003; October 1, 1995; February 1, 1993; March 1, 1991; October 1, 1989.
15A NCAC 02B .0213 REVISIONS TO DISSOLVED OXYGEN STANDARDS
History-Note: Authority G.S. 143-214.1;
Eff. December 14, 1978;
Amended Ef)`.' July 1, 1988;
Repealed Eff. October 1, 1989.
15A NCAC 02B .0214 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-II WATERS
The following water quality standards apply to surface waters within water supply watersheds that are classified WS-II. Water
quality standards applicable to Class C waters as described in Rule .0211 of this Section also apply to Class WS-II waters.
(1) The best usage of WS-II waters are as follows: a source of water supply for drinking, culinary, or
food-processing purposes for those users desiring maximum protection for their water supplies where a
WS-I classification is not feasible and any best usage specified for Class C waters.
(2) The conditions related to the best usage are as follows: waters of this class are protected as water supplies
which are in predominantly undeveloped watersheds and meet average watershed development density
levels as specified in Sub-Items (3)(b)(i)(A), (3)(b)(i)(B), (3)(b)(ii)(A) and (3)(b)(ii)(B) of this Rule;
discharges which qualify for a General Permit pursuant to 15A NCAC 2H .0127, trout farm discharges,
recycle (closed loop) systems that only discharge in response to 10-year storm events and other stormwater
discharges are allowed in the entire watershed; new domestic and industrial discharges of treated wastewater
are not allowed in the entire watershed; the waters, following treatment required by the Division of
Environmental Health, shall meet the Maximum Contaminant Level concentrations considered safe for
drinking, culinary, and food-processing purposes which are specified in the national drinking water
regulations and in the North Carolina Rules Governing Public Water Supplies, 15A NCAC 18C .1500;
sources of water pollution which preclude any of these uses on either a short-term or long-term basis shall be
considered to be violating a water quality standard. The Class WS-II classification may be used to protect
portions ofClass WS-III and WS-IV water supplies. For reclassifications oftheseportions of Class WS-III
and WS-IV water supplies occurring after the July 1, 1992 statewide reclassification, the more protective
NORTH CAROLINA ADMINISTRATIVE CODE Eff. August 1 2004 Page 25

classification requested by local governments shall be considered by the Commission when all local
governments having jurisdiction in the affected area(s) have adopted a resolution and the appropriate
ordinances to protect the watershed or the Commission acts to protect a watershed when one or more local
governments has failed to adopt necessary protection measures.
(3) Quality standards applicable to Class WS-II Waters are as follows:
(a) Sewage, industrial wastes, non-process industrial wastes, or other wastes: none except for those
specified in either Item (2) of this Rule and Rule .0104 of this Subchapter; and none which shall
have an adverse effect on human health or which are not effectively treated to the satisfaction of
the Commission and in accordance with the requirements of the Division of Environmental Health,
North Carolina Department of Environment and Natural Resources; any discharger may be
required upon request by the Commission to disclose all chemical constituents present or
potentially present in their wastes and chemicals which could be spilled or be present in runoff
from their facility which may have an adverse impact on downstream water quality; these facilities
may be required to have spill and treatment failure control plans as well as perform special
monitoring for toxic substances;
(b) Nonpoint Source and Stormwater Pollution:. none that would adversely impact the waters for use
as a water supply or any other designated use;
(i) Nonpoint Source and Stormwater Pollution Control Criteria For Entire Watershed:
(A) Low Density Option: Development density must be limited to either no more
than one dwelling unit per acre of single family detached residential
development (or 40,000 square foot lot excluding roadway right-of--way) or 12
percent built-upon area for all other residential and non-residential development
in the watershed outside of the critical area; Stormwater runoff from the
development shall be transported by vegetated conveyances to the maximum
extent practicable;
(B) High Density Option: If new development exceeds the low density option
requirements as stated in Sub-Item (3)(b)(i)(A) of this Rule, then engineered
stormwater controls must be used to control runoff from the first inch of rainfall;
new residential and non-residential development shall not exceed 30 percent
built-upon area;
(C) Land within the watershed shall be deemed compliant with the density
requirements if the following condition is met: The density of all existing
development at the time of reclassification does not exceed the density
requirement when densities are averaged throughout the entire watershed area at
the time of classification;
(D) Cluster development is allowed on aproject-by-project basis as follows:
(I) overall density of the project meets associated density or stormwater
control requirements of this Rule;
(II) buffers meet the minimum statewide water supply watershed protection
requirements;
(III) built-upon areas are designed and located to minimize stormwater
runoff impact to the receiving waters, minimize concentrated
stormwater flow, maximize the use of sheet flow through vegetated
areas; and maximize the flow length through vegetated areas;
(IV) areas of concentrated development are located in upland areas and
away, to the maximum extent practicable, from surface waters and
drainageways;
(V) remainder of tract to remain in vegetated or natural state;
(VI) area in the vegetated or natural state may be conveyed to a property
owners association; a local government for preservation as a park or
greenway; a conservation organization; or placed in a permanent
conservation or farmland preservation easement;
(VII) a maintenance agreement for the vegetated or natural area shall be
filed with the Register of Deeds; and
NORTH CAROLINAADMINISTRATIVE CODE Eff. Ausust 1, 2004 Page 26

(VIII) cluster development that meets the applicable low density option
requirements shall transport stormwater runoff from the development
by vegetated conveyances to the maximum extent practicable;
(E) A maximum of 10 percent of each jurisdiction's portion of the watershed outside
of the critical area as delineated on July 1, 1993 may be developed with new
development projects and expansions of existing development of up to 70
percent built-upon surface area in addition to the new development approved in
compliance with the appropriate requirements of Sub-Item (3)(b)(i)(A) or
Sub-Item (3)(b)(i)(B) of this Rule. For expansions to existing development, the
existing built-upon surface area is not counted toward the allowed 70 percent
built-upon surface area. A local government having jurisdiction within the
watershed may transfer, in whole or in part, its right to the 10 percent/70 percent
land area to another local government within the watershed upon submittal of a
joint resolution and review by the Commission. When the water supply
watershed is composed of public lands, such as National Forest land, local
governments may count the public land acreage within the watershed outside of
the critical area in calculating the acreage allowed under this provision. For
local governments that do not choose to use the high density option in that
WS-II watershed, each project must, to the maximum extent practicable,
minimize built-upon surface area, direct stormwater runoff away from surface
waters and incorporate best management practices to minimize water quality
impacts; if the local government selects the high density development option
within that WS-II watershed, then engineered stormwater controls must be
employed for the new development;
(F) If local governments choose the high density development option which requires
stormwater controls, then they shall assume ultimate responsibility for operation
and maintenance of the required controls as outlined in Rule .0104 of this
Subchapter;
(G) Minimum 100 foot vegetative buffer is required for all new development
activities that exceed the low density option requirements as specified in
Sub-Items (3)(b)(i)(A) and Sub-Item (3)(b)(ii)(A) of this Rule; otherwise a
minimum 30 foot vegetative buffer for development activities is required along
all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000
(7.5 minute) scale topographic maps or as determined by local government
studies; nothing in this Rule shall stand as a bar to artificial streambank or
shoreline stabilization;
(H) No new development is allowed in the buffer; water dependent structures, or
other structures such as flag poles, signs and security lights, which result in only
diminimus increases in impervious area and public projects such as road
crossings and greenways may be allowed where no practicable alternative exists;
these activities shall minimize built-upon surface area, direct runoffaway from
the surface waters and maximize the utilization of BMPs;
(I) No NPDES perrmts shall be issued for landfills thatdischarge treated leachate;
(ii) Critical Area Nonpoint Source and Stormwater Pollution Control Criteria:
(A) Low Density Option: New development is limited to either no more than one
dwelling unit of single family detached residential development per two acres
(or 80,000 square foot lot excluding roadway right-of--way) or six percent
built-upon area for all other residential and non-residential development;
Stormwater runoff from the development shall be transported by vegetated
conveyances to the maximum extent practicable;
(B) High Density Option: If new development density exceeds the low density
requirements specified in Sub-Item (3)(b)(ii)(A) of this Rule, then engineered
stormwater controls must be used to control runoff from the first inch of rainfall;
new residential and non-residential development density not to exceed 24
percent built-upon area;
NORTH CAROLINAADMINISTRATIVE CODE Efl' August 12004 Page 27

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ARTICLE 20. WATERSHED PROTECTIOleI OFJERLAY DISTRICTS '
Section 20-1: Jurisdiction
The provisions of this Ordinance shall apply within the areas designated as a Public Water
Supply Watershed by the N.C. Department of Environment and Natural Resources, Water
Quality Section and shall be defined and established on the map entitled, "Watershed Protection
Map of Franklin County, North Carolina" ("the Watershed Map"), which is adopted.
simultaneously herewith. The Watershed Map and all explanatory matter contained thereon
accompanies and is hereby made a part of this Ordinance. This Ordinance shall be permanently
kept on file in the office of the County Clerk.
Section 20-2: Exceptions to Applicability
(A) Nothing contained herein shall repeal, modify, or amend any Federal or State law
or regulation, or any ordinance or regulation pertaining thereto except any
Ordinance which these regulations specifically replace; nor shall any provision of
this Ordinance amend, modify, or restrict any provisions of the Code of
.Ordinances of Franklin County; however, the adoption of this Ordinance shall and
does amend any and all ordinances, resolutions, and regulations in effect in
Franklin County at the time of adoption of this Ordinance that may be construed
to impair or reduce the. effectiveness of this Ordinance or to conflict with any of
its provisions.
(B) The county does not intend that these regulations interfere with any easement,
covenants or other agreements between parties; however, if the provisions of
these regulations impose greater restrictions or higher standards for the use of a
building or land, then the provisions of these regulations shall control.
(C) Existing development, as defined in this Ordinance, is not subject to the
requirements of this Ordinance. Expansions to structures classified as existing
development must meet the requirements of this Ordinance, however, the built-
. .upon area of the existing development is not required to be included in the density
calculations (refer to Section 20-11 "Existing Development").
(D) If anon-conforming lot of record is not continuous to any other lot owned by the
same party, then the lot of record shall not be subject to the development
regulations of this Ordinance if it is developed for single-family residential
purposes and subject to the following:
- Pa a 256
Franklin County UDO-Chapter Two

(1) The lot was created by an approved recorded plat after August 1, 1985, or
(2) The lot was created by metes and bounds deed description with a
recordation number less than Deed Book 850, Page 373, Franklin County
Registry. -
Section 20-3: Criminal Penalties
Any person violating any provisions of this Ordinance shall be guilty of a misdemeanor -
and, upon conviction, shall be punished in accordance with NCGS 14-4. The maximum fine for
each offense shall not exceed five hundred dollars ($500.00). Each day that the violation
continues shall constitute a separate offense.
Section 20-4: Remedies
(A) If any subdivision, development, and/or land use is found to be in violation of this
Ordinance, the Franklin County Board of Commissioners may, in addition to all ~ -
remedies available either in law or in equity, institute a civil penalty in the amount
of five hundred dollars ($500), action or proceedings to restrain, correct, or abate
the violation; to prevent occupancy of the building, structure, or land; or to
prevent any illegal act, conduct, business, or use in or about the premises. In
addition, the N.C. Environmental Management Commission may assess civil
penalties in accordance with G.S.143-215.6(a). Each day that the violation =
continues shall constitute a separate offense.
(B) If the Watershed Administrator finds that any of the provisions of this Ordinance
are being violated, he shall notify in writing the person responsible for such
violation, indicating the nature of the violation, and ordering the action necessary
to correct it. He shall order discontinuance of the illegal use of land, buildings or
structures; removal of illegal buildings or structures, or of additions, alterations or
structural changes thereto; discontinuance of any illegal work being done;. or shall
take any action authorized by this Ordinance to ensure compliance with, or to
prevent violation of its provisions. If a ruling of the Watershed Administrator is
questioned, the aggrieved party or parties may appeal such ruling to the
Watershed Review Board in writing within thirty (30) days of the date of such
ruling.
Page 257
Franklin County UDO-Chapter Two

S
Section 20-5: Establishment of Watershed Areas
The purpose of this Article is to list and describe the watershed areas herein adopted. For
purposes of this Ordinance, the county is hereby divided into the following areas as appropriate:
WS-I No areas currently exist in Franklin County
WS-II-CA (Critical Area)
WS-II-BW (Balance of Watershed)
WS-III-CA (Critical Area)
WS-III-BW (Balance of Watershed)
WS-IV-CA (Critical Area)
WS-IV-PA (Protected Area)
WS-V-RS (River Segment)
Section 20-6: Watershed Areas Described
The following watershed area descriptions are provided for use in the administration of
required activities within regulated Surface Water Public Water Supply Watersheds. Water
Supply Watershed Maps on file in the office of the Watershed Administrator are included herein
by reference and shall be considered to be the official records in defining the location. of
regulated areas.
Agricultural and forestry activities are described herein for clarity, but are not regulated
by the Watershed Administrator. For information regarding bona fide agricultural activities,
contact the Franklin County Soil and Water Conservation District Board. For information
regarding forestry activities, contact the Franklin County Forest Ranger.
(A) WS-I Watershed Areas. The intent is to provide maximum protection for water
supplies within essentially natural and undeveloped watersheds by allowing only
low intensity uses. No residential or nonresidential uses are allowed except those
listed below. Impacts from non-point source pollution shall be minimized.
(1) Allowed uses.
(a) Agriculture subject to the provisions of the Food Security Act of
1985 and the Food, Agriculture, Conservation and Trade Act of
1990. Agricultural activities conducted after January 1, 1993, shall
Page 258
Franklin County UDO-Chapter Two

maintain a minimum ten (10) foot vegetative buffer, or equivalent
control as determined by the Soil and Water Conservation
Commission, along all perennial waters indicated on the most
recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale
topographic maps or as determined by local government studies.
Animal operations greater than one hundred (100) animal units
shall employ Best Management Practices of July 1, 1994,
recommended by the Soil and Water Conservation Commission.
(b) Silvaculture, subject to the provisions of the Forest Practices
Guidelines Related to Water Quality (15 NCAC 1I.6101-.0209).
(c) Water withdrawal, treatment, and distribution facilities.
(d) Restricted road access.
(e) Power transmission lines.
(B) WS-II Watershed Areas -Critical Area (WS-II-CA). In order to maintain a
predominately undeveloped land use intensity pattern, single-family residential
uses shall be allowed at a maximum density of one (1) dwelling unit per eighty
thousand (80,000) square feet. The built-upon area of all residential and
nonresidential development shall be allowed at a maximum Impervious Surface
Ratio of six percent (6%). Projects must be constructed according to detailed
development drawings which minimize built-upon surface area, protect naturally
vegetated areas, direct stormwater away from surface waters, and incorporate Best
Management Practices to minimize water quality impacts. Landfills-and sludge
application sites are specifically prohibited.
(1) Allowed Uses. -
(a) Agriculture, subject to the provisions of the Food Security Act of
1985 and the Food, Agriculture, Conservation and Trade Act of
1990. Agricultural activities conducted after January 1, 1993, shall
maintain a minimum often (10) foot vegetative buffer, or
equivalent control as determined by the Soil and Water
Conservation Commission, along all perennial waters indicated on
the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale
topographic maps or as determined by local government studies.
Page 259
Franklin County UDO-Chapter Two

t
Animal operations greater than one hundred (100) animal units
shall employ Best Management Practices by July 1, 1994,
recommended by the Soil and Water Conservation Commission.
(b) Silvaculture, subject to the provisions of the Forest Practices
Guidelines Related to Water Quality (15 NCAC l I.6101-.0209).
(c) Residential development, including both single-family and all
other residential.
(d) Nonresidential development.
(2) Prohibited Uses.
(a) Alllandfills.
(b) Sites for land application of residuals including, but not limited to,
wastewater and septic system sludge, animal waste sludge, or
petroleum contaminated soils.
(3) Density and Buzlt-Upon Limits.
(a) Single-Family Residential. Development shall not exceed one (1)
dwelling unit per eighty thousand (80,000) square feet on a
project-by-project basis. Residential lots may be less than eighty
thousand (80,000) square feet within an approved cluster
development.
(b) All Other Residential and Nonresidential.. Development shall not
exceed six percent (6%) built-upon areas on aproject-by-project
basis.. For the purpose of calculating built-upon area, total project
area shall include total acreage in the tract(s) on which the project
is to be developed.
(C) WS-II Watershed Areas.-Balance of Watershed (WS-II-BYE. In order to maintain
a predominately undeveloped land use intensity pattern, single-family residential
uses shall be allowed at a maximum density of one (1) dwelling unit per forty
thousand (40,000) square feet. The built-upon area of all residential and
nonresidential development shall be allowed at a maximum Impervious Surface
Pape 260
Franklin County UDO-Chapter Two

Ratio of twelve percent (12%). Projects must be constructed according to detailed
development drawings which minimize built-upon surface area, protect naturally
vegetated areas, direct stormwater away from surface waters, and incorporate Best
Management Practices to minimize water quality impacts. Landfills and sludge
application sites are specifically prohibited.
(1) Allowed Uses.
(a) Agriculture, subject to the provisions of the Food Security Act of
1985 and the Food, Agriculture, Conservation and Trade Act of
1990.
(b) Silvaculture, subject to the provisions of the Forest Practices
Guidelines Related to Water Quality (15 NCAC 1I.6101-.0209).
(c) Residential development.
(d) Nonresidential development.
(2) Prohibited Uses.
(a) All landfills.
(b) Sites for land application of residuals including, but not limited to,
wastewater and septic system sludge, animal waste sludge, or
petroleum contaminated soils:
(3) Density and Built-Upon Limits.
(a) Single-Family Residential. Development shall not exceed one (1)
dwelling unit per forty thousand (40,000) square feet on a project-
. by-project basis. Residential lots may be less than forty thousand
(40,000) square feet within an approved cluster development.
(b) All Other Residential and Nonresidential. Built-upon areas in any
development shall not exceed twelve percent (12%) Impervious
Surface Ratio on aproject-by-project basis. For the purpose of
calculating built-upon area, total project area shall include total
acreage in the tract on which the project is to be developed.
Pa a 261
Franklin County UDO-Chapter Two

(4) Low-Density Option. In addition to the development allowed in this
section, new nonresidential development and expansions to existing
nonresidential development may occupy up to ten percent (10%) of the
protected area with up to seventy percent (70%) built-upon area, on a first
come, first provided basis, when approved as a special intensity allocation
(SIA). The Watershed Administrator is authorized to approve an SIA
consistent with the provisions of this Ordinance until ten percent (10%) of
-the total acreage in the watershed is expended. Projects must, to the
maximum extent practicable, minimize built-upon surface area, direct
stormwater away from surface waters, and incorporate Best Management
Practices to minimize water quality impacts. For the purpose of
calculating built-upon area, total project area shall include total acreage in
the tract on which the project is to be developed.
While North Cazolina watershed regulations allow Franklin County to
transfer all or any portion of this ten percent (10%) allocation to another
jurisdiction within the watershed, Franklin County will not transfer more
than thirty percent (30%) of any watershed's allocation to another
jurisdiction within that watershed to accommodate the development of a
.desirable project:
(D) WS-III Watershed Areas -Critical Area (WS-III-CA). In order to maintain a low
to moderate land use intensity pattern, single-family residential uses are allowed
at a maximum density of one (1) dwelling unit per forty thousand (40,000) square
feet. The. built-upon area of all residential and nonresidential development shall be
allowed at a maximum Impervious Surface Ratio of twelve percent (12%).
Projects must be constructed according to detailed development drawings which
minimize built-upon surface area, protect naturally vegetated areas, direct
stormwater away from surface waters, and incorporate Best Management -
Practices to minimize water quality impacts. Landfills and sludge application sites
are specifically prohibited.
(1) .Allowed Uses.
(a) Agriculture, subject to the provisions of the Food Security Act of
1985 and the Food, Agriculture, Conservation and Trade Act of
-1990. Agricultural activities conducted after January 1, 1993, shall
maintain a minimum often (10) foot vegetative buffer, or
Paae 262
Franklin County UDO-Chapter Two

equivalent control as determined by the Soil and Water
Conservation Commission, along all perennial waters indicated on
the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale
topographic maps or as determined by local government studies.
Animal operations greater than one hundred (100) animal units
shall employ Best Management Practices by July 1, 1994,
recommended by the Soil and Water Conservation Commission.
(b) Silvaculture, subject to the provisions of the Forest Practices
Guidelines Related to Water Quality (15 NCAC 1L6101-.0209).
(c) Residential.
(d) Nonresidential development.
(2) Prohibited Uses.
(a) Alllandfills.
(b) Sites for land application of residuals including, but not limited to,
wastewater and septic system sludge, animal waste sludge, or
petroleum contaminated soils.
(3) Density and Built-Upon Limits.
(a) Single-Family Residential. Development shall not exceed one (1)
dwelling unit per forty thousand (40,000) square feet on a project-
by-project basis. Residential lots maybe less than forty thousand
(40,000) square feet within an approved cluster development.
(b) All Other Residential and Nonresidential. Built-upon areas within
any development shall not exceed twelve percent (12%)
Impervious Surface Ratio on aproject-by-project basis. For the
purpose of calculating built-upon area, total project area shall
include total acreage in the tract on which the project is to be
developed.
(E) WS-III Watershed Areas -Balance of Watershed (WS-III-BW). In order to
maintain a low to moderate land use intensity pattern, single-family detached uses
Page 263
Franklin County UDO-Chapter Two

Soil & Environmental Consultants-, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: [phone] Fax: [phone]
www.SandEC.com
`"ENT
~, ,~w~o
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Eric Alsmeyer
6508 Falls of the Neuse Rd., Suite 120
Raleigh, NC 27615
From: Nicole Thomson
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Olde Liberty Golf Club (formerly Old Ballymore)
Franklin County, NC
film ~~~ .?Cr+c~Ft ~«t'',.,`•i7"Y'
~ ~S?trAh3%tf
On behalf of the owner, Olde Liberty Club, LLC Attn: Richard Wolf; please find attached a complete application and
supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USAGE) and the
N.C. Division of Water Quality (DWQ) that the activities proposed below may precede under Nationwide Permits 39,
12 and 18 and General Water Quality Certifications 3402 and 3374. Please contact me at [phone] if you have
any questions or require additional information.
nn err-~.m n

Pro'ect Name a.i~a~ a -
Olde Li Golf Club fotmerl Old Ball ore
Project T e Residential Develo meet and Golf Course
Owner / A licant Olde Li Club LLC Attn: Richard Wolf
Coun Franklin
Nearest Town Youn sville
Waterbod Name Cedar Creek
Basin /Sub-basin Tar Pamlico River Basin• 03-03-O1
Index Number 28-29 1
Class WS=II• H W NSW
USGS Catalo in Unit 03020101
rl.fD A!`T CTnlliancr
Stream Impact (acres): ~ 0.0951
Wetland Impact (acres): 0.3380
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.4331
Total Stream Impact (linear feet):
m_ 346 LF*
- - .................y..vw w au~l,w~wivpctctnttat Streams r0[al Only 1425 l.Y OI the total 346 LF
Attachments: .
Pn:-constntction Notification (PCI~ Application Form
USGS Topographic Vicinity Map
Franklin County Soil Survey Vicinity Map
Agent Authorization
Impact Table and Impact Maps (22 Sheets)
EEP Acceptance Letter
USAGE and NC DWQ Stream Forms and Photo Exhibits
Tar-Pamlico Buffer Determination Letter
USAGE Jurisdictior-al Determination Sign-Off Map
Settlement Agreement
Previous USACEMC DWQ Approvals ,Prior Project
History and Vested Rights Letter
Design Calculations and Summary for Level Spreaders
Design Calculations and Sumunary for Wet Pond A
Design Calculations and Summary for Wet Pond B-F
Full Size Design Maps for Wet Ponds A-F
5475 Application Fee to DWQ

Charlotte Office:

236 LePhillip Court, Suite C Greensboro Office:

Concord, NC 28025 ~ 3817-E Lawndale Drive

Phone: [phone] Greensboro, NC 27455

Fax: [phone] Phone: [phone]
Fax:. [phone]
March 15, 2007
S&EC Project # 5188.W5
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi ICaroly .
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
~~~ _~`
0 46 4 ~'~F"t~j.v ~
~Ol~/

Office Use Only: Form Version March OS
USACE Action ID No. ~ ~ ~~ `"~ ~ ~
DWQ No. .
rtf ~ ,,..:,,..,.. :... _, ~ _,
.-- ^--~ r»---~»•»- =•~u= =J =_~~ ayya..au~c w uus project, please enter °NOt Appltcabie" or "N/A".)
I. Processing ~ ~"r; ; ~
RF~~I1~~D
1. Check all of the approval(s) requested for this project:
®Section 404 Permit ^ Riparian or Watershed Buffer Rules
^Section 10 Permit ® Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:NWP 39: NWP 12. NWP 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4: If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), checlor~, ,FQ~ T , ~ i°--~
IL Applicant Information ~^~ ~ ~ a~
1. Owner/Applicant Information o€~~ ~, ~ ; r ry ~
Name: _ O1de Liberty Club. LLC ~ 'Y~~° ~_:~~ A,r,~t.~~>, ,~: ~ F~vL~ic~t
Mailing Address: Attn: Mr. Richard Wolf
4208 White Chapel Way
Raleigh NC 27615
Telephone Number: 919-201-8817 Fax Number: 919-841-4996
E-mail Address: rwolfla~oldelibertv com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Nicole Thomson
Company Affiliation:. Soil & Environmental Consultants P.A.
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614
Telephone Number: 919-846-5900 Fax Number: 919-846-9467
E-mail Address:_ NThomsonna sandec com
Page 1 of 17

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Olde Liberty Golf Club (formerly Old Ballymore Subdivision)
2. T.LP. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 1844-26-4063 , 1844-47-8027
4. Location
County: Franklin Nearest Town: Youngsville
Subdivision name (include phase/lot number): Olde Liberty
Directions to site (include road numbers/names, landmarks, etc.): From Raleigh, take US 1
north to Hwy 96. Turn left onto Hwy 96. Go approximately 0.5 mile and tum ri t onto
Longmill Rd. Go approximatelx2 miles and turn left into Olde Liberty- Subdivision.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36:0777 °N 78:5168 ~ °W
6. Property~size (acres): +/- 540 ac
7. Name of nearest receiving body of water: Cedar Creek (03-03-01; 28-29-(1); WS-II, HOW,
NSWI
8. River Basin: Tar -Pamlico (USGS Catalo igina Unit 03020101)
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the .existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Several of the proposed roads and golf holes have been
cleared of timber and re-seeded to control sediment runoff. The majority of the site remains
in mixed pine -hardwood forest cover.
Page 2 of 17

10. Describe the overall project in detail, including the type of equipment to be used: The
~roi ect will involve the construction of a ~ residential subdivision as well as an 18 hole golf
course including clubhouse and other amenities Heavy duty construction and ading
equipment is to be used for construction
11. Explain the purpose of the proposed work: The purpose is to create housing and recreation
to meet erowin~ demand in the northern Wake/southern Franklin county area The sewer
line installation is to provide the necessary sewer connection for the development
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this.
project (including all prior phases of the same subdivision) in the past, please explain: Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information.. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project;
list and describe permits issued for prior segments of the same T.LP. project, along with
construction schedules. The site was orisinall~part of a 746 acre site which was on 'pally
delineated in springy of 1998. On May 7 1998 the USACE issued a NWP 26 (Action ID No
1997003481 authorizing impacts to 0.324 acres of wetlands associated with five road crossin s as
well as approving the permanent clearing to 1 569 acres of jurisdictional wetlands for the
development of a residential subdivision and golf course On July 14~ 1998 the NC DWQ
issued GC #3108 (DWO No. 9802681 authorizing impacts .to 0 324 acres of wetlands and 205
linear feet of perennial channel and permanent clearing of 143 acres of wetlands for the
residential and golf course development Bett~7eerr:~1998~and the'-end~ofR1999c' the subiect
has since chanced owners several times .and reduced in size to 540 acres ` On April 23, 2004 a
site meeting was held which resulted in the discovery that extensive sedimentation had occurred
to the streams on-site. Several miles of road and approximately half of the 18 hole golf course
had been cleared for development The sedimentation to the streams occurred as a result of
failure to maintain sediment and erosion control measures on the cleared sections of the property.
A settlement agreement was reached between the previous property owner a pros ective
property owner, and the NC-Division of Water Quality to resolve the violation (NBIZRO 04-
1591. Please refer to the attached Settlement Agreement for further information regardin this
proiect (attached). A restoration plan was desi need by S&EC to remove the culverts which
.exceeded the permitted length and restore the impacted stream and buffer The new culverts
were installed and the stream and buffers restored to be in compliance with the orimal permit
Page 3 of 17
to u.ZS acres. On December 13. 1999 the USACE issued a NWP 26 (Action ID No 199700348)
to~imnact~~1491irearr feed of`s~rea~ (only one crossing was perenniaUimportant channell and 0 25
acres of wetlands. A'~wntten #401. was riot required ~and`tlieiefore 'not guested"at`that timer
however GC 3108 still applied to the proposed work The,_pernutted ~~r~oad crossmgs$`when

and the settlement agreement The total previous impacts for the site include 01299 acre of
permanent jurisdictional wetland impact and 60 linear feet of intermittent/unimportant stream
channel impacts.
Previousl A roved Wetland Im acts
Wetland Impact Type of wetland Located within Distance to ~~ of
Site Number Type of Impact (e.g., forested, marsh, 100-year
F
n Nearest Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) (yes Pno) (linear feet)
24 (permanent) (NWP 39) CulvertBxisting Crossing
Previously Approved Bottomland HW Forest No 355' 0.0147
25 (permanent) (NWP 39) Culvert/Existing Crossing
Previously Approved Bottomland HW Forest . No 125' 0.0965
' 26 (permanent) (NWP 39) Culvert/Existing Crossing
Previously Approved Bottomland HW Forest No 0' 0.0187
Total Wetland Impact (acres) Previously Approved 0.1299
Previously Aparoved Stream Impacts
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent? Stream Width Length Impact
(indicate on map) Before Impact (linear feet) (acres)
26 (permanent) LTT to Cedar Creek Culvert/Previously
Approved Crossing Intermittent 5' 60 0.0069
Total Stream Impact (by length and acreage) Previously Approved 60' 0.0069
Importance determinations were never made_for the existing stream impacts, however USACE
Stream Forms. NC DWO stream forms and dirtal photos of the existing crossings are included
in this application package. The 540 acre property was ~re-delineated by S&EC during the
months of September and October 2005. The NC-Division of Water Quality made buffer ori~
.determinations on the -site on Febrtzarv 4 2005 (DWO No. 04-0344, attached Mr Kevin
Yates, formerly of the USACE, approved S&EC's delineation of the 540 acre tract on April 19
2005. (Action ID No. 200520253).
V. Future Project Plans
Are any future pemut requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future Hermits are anticipated at this time.
VI. Proposed Impacts to Waters of the United 5tates/Waters of the State
It is .the applicant's (or agent's) responsibility to .determine, delineate and map all impacts to
wetlands; open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should tie shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Page 4 of 17

Photographs maybe included at the applicant's discretion.. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The total of .jurisdictional
wetlands proposed to be permanently impacted is 01706 ac• of this total 0 0225 ac-are due
to utilrtv maintenance corridors and 0 0005 ac are due to driven files for timber brid es in
wetlands. The total of lunsdictional wetlands proposed to be tem orarily impacted is
0.1674 ac. The total .-~ of : nerenniaUimportanY ~ jurisdictional ~ stream "proposed= to x'be
~ - -~ ~~~~~~~• ~~~.+ aVUJlll J•
e•~ total of interttuttenf/unimnortarit 'stream chaiuiel' proposed to be ' permanently
Im acted-rs 138 hneat~feet• addrtionall the ~.
y ~ re will be 0.0005. ac. of permanent impacts to
intermittent/unimportant streams due to driven piles for timber bridge crossings The
proposed total. of temaorarv aerenniaUim octant jurisdictional stream impacts resulting
from sewer mstallahon is 30 linear feet. The ro osed total of tem ora
intermittent unimportant stream channel impacts resulting from sewer installation is 30
feet in Zone 1 and 18.595 square feet in Zone 2) J ~~v
2. Individually list wetland impacts. Types 'of impacts include, but are not limited to
mechanized clearing,- grading, fill, excavation, flooding, ditching/drainage, etc. For. dams,
separately list impacts due to both structure and flooding. ~ i
Wetland Impact.
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
ineaz feet Area of
Impact
(acres)
2 (permanent) (NWP 39) FilURoad Crossing Headwater Forest No 250' 0.0419
3 (permanent) (NWP 39) FilURoad Crossing Headwater Forest No 175' 0.0059
4 (permanent) (NWP 39) FilUitoad Crossing Bottomland HW Forest Yes 0' 0.0202

7 (temporary) (NWP 12) Excavation/Sewer Headwater Forest No 70' 0.0093
7(permanent) (NWP 12) Maintenance Easement Headwater Forest No 70' 0.0037
10 (temporary) (NWP 12) Excavation/Sewer Bottomland HW Forest No 0' 0.0584
10 (permanent) (NWP 12} Maintenance Easement Bottomland HW Forest No 0' 0.0092
i l (permanent) (NWP 39) Fi1lBridge Driven Piles Bottomland HW Forest No 0' 0.0002
13 (temporary) (NWP 12) Excavation/Sewer Bottomland HW Forest No 45' 0.0405
13 (permanent) (NWP 12) Maintenance Easement Bottomland HW Forest No 45' 0.0096
15 (permanent) (NWP 39) Fill/Road Crossing Seep No 250' 0.0421
16 (permanent) (NWP 39) Fi1URoad Crossing Bottomland HW Forest No 0' 0.0116
17 (permanent) (NWP 39) FilUBridge Driven Piles Bottomland HW Forest No 0' 0.0001
18 (temporary) (NWP 12) Excavation/Sewer Bottomland HW Forest No 0' 0.0468
18 (permanent) (NWP 12) Maintenance Easement Bottomland HW Forest No 0' 0.0092
19 (temporary) (NWP 39) Fill/Existing Crossing Bottomland HW Forest No 0' 0.0124
Page 5 of 17

20 (permanent) (NWP 39) Fill/Bridge Driven Piles Bottomland HW Forest No 0' 0.0001
27 (permanent) (NWP 39) Fill/Bridge Driven Piles Bottomland HW Forest No 0' 0.0001
Level Spreader #1
(permanent)(NWP 18) Fi1VExcavation Bottomland HW Forest No 0' 0.0084
Level Spreader #10 (permanent)
(NWP 18) Fill Excavation Bottomland HW Forest No 0' 0.0036
Levet Spreader #i3
(permanent) (NWP 18) Fill Excavation Bottomland HW Forest No 0' 0.0011
Water Quality Pond A
(permanent) (NWP 18) Fill Excavation Bottomland HW Forest No 0' 0.0009
Water Quality Pond C
(permanent) (NWP 18) Fill Excavation Bottomland HW Forest No 0' 0.0027
Total Wetland Impact (acres) 0.3380
Total Permanent Wetland Impact . 0.1706 acres*
(* note: of the Total Permanent Wetland Impacts, 0.0005 acres is due to driven piles for the bridges)
Total Temporary Wetland Impact .0.1674 acres
3. List the total acreage (estimated) of all existing wetlands on the property: 17 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions,.etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included: To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
perennial o Average Impact Area of
Number Stream Name Type of Impact ~
Intermittent Stream Width Length Impact
indicate on ma . Before Im act linear feet acres
1 (permanent) Cedar Creek Bridge/Driven
Piles perennial 20' n/a 0.0001
4 (permanent) Cedar Creek Culvert Perennial 20' 148' 0.0686
6 (permanent) Cedar Creek Bridge/Driven perennial 20' n/a _ 0.0001
Piles
7 (temporary) LTT to Cedar Creek Excavation Perennial 2' 30' 0.0014
10 (temporary) UT to Cedar Creek Excavation Intermittent 2' 30' 0.0101
11 (permanent) iIT to Cedar Creek Bridge/Driven Intermittent 2' n/a 0.0001
Piles
12 (permanent) Uf to Cedar Creek Bridge/Driven
Piles Intermittent 2' n/a 0.0001
16 (permanent) UT to Cedar Creek Culvert Intermittent 4.5' 138' 0.0142
17 (permanent) LJ'I' to Cedar Creek e/Driven
BridP Intermittent 4.5' n/a 0.0001
t
Page6of17

21 (permanent)
IJT to Cedar Creek Bridge/Driven

Piles
Intermittent
3'
n/a
0.0001
23 (permanent) UT to Cedar Creek Bridge/Driven
Piles . Intermittent 3' n/a 0.0001

27 (permanent)
UT' to Cedar Creek Bridge/Driven

Piles
Intermittent
3'
n/a
0.0001
Total Stream Impacf (by length. and acreage) 346' 0.0951
Total Permanent Perennial Stream Impact, 1481inear feet 0.0686 acres
Total Permanent Perennial Stream Impact due to Bridges/Driven Piles 0.0002 acres
_
Total Permanent Intermittent Stream Impact 138 linear feet 0.0142 acres
Total Permanent Intermittent Stream Impact due to Bridges/Driven Piles 0.0006 acres
Total Temporary Perennial Stream Impact 30 linear feet 0.0014acres
Total Temporary Intermittent Stream Impact 301inear feet 0.0101 acres
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number Name of Waterbody Type of Waterbody Area of

indicate on ma (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
ocean, etc. acres
NA NA NA NA 0.0
Total Open Water Impact (acres) 0.0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Im act acres : ' 0.0951
Wetland Im act acres : 0.3380
O en Water Im act acres : 0.0
Total Im act to Waters of the U.S. (acres 0.4331
Total Stream Im act (linear feet : 346
Total. of Proposed Permanent Impacts to Wetlands
Total of Previously Approved Permanent Impacts to Wetlands
Total of Proposed Permanent Impacts to Perennial Streams
Total of Proposed and Existing (Post Construction) Permanent
Impacts to Waters of the US
0.1582 acres
0.1423 acres
0.0688 acres
0.3693 acres
Page 7 of 17

7. Isolated Waters
Do any isolated waters exist. on the property? ®Yes ^ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed ~ impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g.
marsh
forested 100-year Nearest Impact
(indicate on map) ,
,
,
herbaceous
etc.)
bog Floodplain Stream (acres)
,
, es/no linear feet
5 (permanent) Fill Isolated No >150' 0.0040
9 (permanent) Fill Isolated No >100' 0.0071
14 (permanent) Fill Isolated No >100' 0.0269
Total Isolated Wetland Impact (acres) 0.0380
8. -Pond Creation
Pond 1(sheet 2 of 21}
If construction of a pond is proposed, associated wetland and stream impacts should be
. included- above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ®uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic; trout pond,
local stormwater requirement, etc.):. irri~ation/aesthetic ___ __
Current land use in the vicinity of the pond: undeveloped
Size of watershed draining to pond: +/- 3 acres Expected pond surface area: +/- 80.000 s.f.
(1.837 ac)
Pond 2 (sheet 9 of 21)
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and •stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ®uplands ^ stream ^ wetlands
Describe the method. of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): excavation -
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): irri~ation/aesthetic
Current land use in the vicinity of the pond: undeveloped
Size of watershed draining to pond: +/- 27 acres Expected pond surface area:+/- 36,000 s.f.
(0.8264 acl
Page 8 of 17

Pond 3 (sheet 15 of 21)
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ®uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of.
draw-down valve or spillway, etc.): excavation
Proposed use or purpose .of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):. irrigation aesthetic
Current land use in the vicinity of the pond: undeveloped •
Size of watershed draining to pond: +/- 15 acres- Expected pond surface area: +/- 53.000 s.f.
(1.2167 act
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and .explain why these design options were not feasible.. Also discuss-how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
.techniques to be followed during construction to reduce impacts. The proposed Olde Liberty
Subdivision and Golf Club has gone through extensive revisions and redesign to avoid almost all
jurisdictional areas located on the subject prosy The original subdivision site plans called for
13 separate road crossings. The initially approved crossings were then redesi~ed and reduced
to 7 bottomless culverts and 5 standard crossings . Two of the approved standard culvert
crossings were installed. Since -that time the current ap lip cant purchased the,~roperty and has
further reduced the crossin sgs by again redesigning the subdivision so that there are no bottomless
culvert crossings and only one permanent road crossing of Cedar Creek which was on 'pally
approved in 1997 and then re-approved in 1998 Unavoidable impacts to jurisdictional wetlands
-and waters associated with the road crossings are all necessary to create interconnectivitX
throughout the subdivision and provide access to the three main entrances/exits• Pocomoke Rd
• Long Mill Rd., and NC Hwy 96. The crossings are also necessary to allow all of the future
residents of the subdivision to access the amenity areas and club house within the subdivision
Impacts to buffers and a jurisdictional stream in the western portion of the property have been
avoided completely. Additionally where possible lot lines were laid out so that the
jurisdictional streams and wetlands were within shared lot lines between parcels to avoid
additional lot fill (i.e. further avoidance) The temporar r~ impacts resulting from the installation
of sanitary sewer lines are- necessary to run the sewer corridor throu out the,~roperty therebX
allowing sewer access to all of the residential areas.
Page 9 of 17

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate andpracticable
mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include,
but aze not limited to: reducing the size of the project; establishing` and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing.: Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft. Technical Guide for Stream ~ Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide htmL
1. Provide a brief description of the proposed mitigation plan. The .description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
..preservation mechanism (e.g., -deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
• a sepazate sheet if more space is needed.
The applicant believes that additional mitigation for streams fbeyond the avoidance and
minimization of stream impacts elsewhere on the property) should not be required given that
. total permanent impact to perenniaUimportant streams is less than 1501inear feet Permanent
unavoidable impacts to wetlands tota10.1706 acres however 0 0005 acres of wetland impact
is due to the driven piles for the timber brid es TypicallX bridge pilings do not require
mitigation so'we therefore propose that payment be made to the NC-EEP at a 1.1 ratio for
0.1701 acres of wetland (0.0669 acres of Riparian wetland and 01032 acres of Non-ri ap rian
wetland). Only one road crossin requires Riparian Buffer mitigation• the other buffer
impacts are either "allowable" or "exempt " Please see attached EEP Acceptance Letter
Page 10 of 17

2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the ,application process for the NCEEP, check the NCEEP
website at http://h2o.enrstate.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet):- 16,798 sq. fL
Amount of Riparian wetland mitigation requested (acres): 0.0669 ac.
Amount ofNon-riparian wetland mitigation requested (acres): 0.1032 ac.
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ) .
1. Does the project. involve an expenditure of public (federaUstate/local) funds or the use of
public (federaUstate) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure- whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^ .
. 3. If yes, has the document review been .finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian. and Watershed Buffers (required by DWQ)
It is• the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
.required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. -All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not .impacts are proposed to the buffers. ~ Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 1 SA NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba)15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ^
Page 11 of 17

2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.:
Im act #1 imber Brid a for Golf Car Path - "Allowable"
* . Impact Minus wetlands in Remaining buffer Required
Zone s uare feet bu er s uare eet Im acf s uare eet Multiplier Miti ation
1 800 n/a 800 3 (2 for Catawba) n/a
2 360 n/a 360 1.5 n/a
Total 1,160 ~ n/a 1,160 n/a
Im act #4 oad Crossin "Allowable with Miti ation"
Zone* Impact -
s uaze feet Minus wetlands in
bu er s uare eet Remaining buffer
Im act s uare eet Multiplier
- Required
Miti ation
1 ~ 12,139 0 12,139 3 (2 for Catawba) 36,417
2 5,541 882 4,659 1.5 6,989
Total 17,680 - 882 16,798 43,406
Im act #6 imber Brid a for Golf Car Path - "Allowable"
*
Zone Impact
s uare feet Minus wetlands in
bu er s uare eet Remaining buffer
Im act s uare eet
Multiplier Required
Miti ation
1 1,000 n1a 1,000 3 (2 for Catawba) n/a
2 240 ~ n/a 240 1.5 n/a
Total 1,240. n/a 1,240 n/a
Impact #S (Sanitary Sewer - "Allowable"1*
Zone* Impact
s uare feet Minus wetlands in
bu er s uare eet Remaining buffer
Im act s uare eet Multiplier Required
Miti ation
1 0 n/a 0 3 (2 for Catawba) n/a
2 972 n/a 972 1.5 n/a
Total 972. n/a 972 ' ~ ' n/a
•note: 1 he permanent maintenance easement wall partially be within Gone 2 of-the Kiparian Butter; 550 sq. tt. will be
permanently maintained but the health and existing vegetation in Zone 1 will not be compromised.
. Im act #10 Sanita Sewer - "Allowable"
Zone* Impact
s uare feet Minus wetlands in
bu er s uare eet Remaining buffer
Im act s uare eet Multiplier Required
Miti ation
1 4,508 2,167 2,341 3 (2 for Catawba) n/a
2 2,709 378 2,331 1.5 n/a
Total . 7,217 2, 545 4,672 n/a
Page 12 of 17

Imnact #11 (Timber Bridge for Golf Car Path - ccAllnwahle"1
*
Zone Impact
s uare feet Minus wetlands in
bu er s uare eet Remaining buffer
Im act s uare eet
Multiplier Required
Miti ation
1 950 n/a 942 3 (2 for Catawba) n/a
2 240 n/a 240. 1.5 n/a
Total 1,190. n/a 1,182 n/a
Imnact #12 (Timber Bridge for Golf Car Path - "Allowable"1
*
Zone Impact

s uare feet Minus wetlands in

bu er s uare eet Remaining buffer

Im act s uare eet
Multiplier Required

Miti ation
1 800 n/d ~ 8.00 3 (2 for Catawba) n/a
2 240 n/a 240 1.5 n/a
Total 1,040 - n/a 1,040 n/a
Im act #16 oad Crossin - "Allowable"
Zone* - Impact Minus wetlands in Remaining buffer Multi her Required.
_- .
s uare feet bu er s uare eet Im act s uare eet p Miti ation
1 7,721 507 7,214 3 (2 for Catawba) n/a
2 3,450 0 3,450 1.5 n/a
Total ' 11,171 507 10,664 n/a
imnact #17 !Timber RridQe fnr ('~r-lf Car Path - ccAllnwahle"1
Zone* Impact
s uare feet Minus wetlands in
bu er s uare eet Remaining buffer
Im act s uare eet Multi her
P Required
Miti ation
1 900 n/a 896 3 (2 for Catawba) n/a
2 240 n/a 240 1.5 n/a
Total 1,140 n/a 1,136 n/a
•Imnact #21 (Golf Car Path on Existinu Crnssinu - ccAlldwahle"1.
Zone* Impact
s uare feet Minus wetlands in
bu er s uare eet Remaining buffer
Im act s uare eet Multiplier Required
Miti ation
1 390 n/a 390 3 (2 for Catawba) n/a
2 240 n/a . 240 1.5 n/a
Total 630 n/a 630 n/a
Tmnaet #22 lCanitarv Cpwpr - ccAllnwahlp"l*
Zone* Impact
s uare feet Minus wetlands in
bu er s uare eet Remaining buffer
Im act s uare eet Multiplier . Required
Miti ation
1 0 n/a 0 3 (2 for. Catawba) n/a
2 957 n/a 957 1.5 n/a
Total 957 n/a .957 n/a
Tnote: 1 ne permanent maintenance easement wilt partially be within "Lone 2 of the 1Ziparian Butter, 493 sq. ft. will be
permanently maintained but the health and existing vegetation in Zone 1-will not be compromised:
Page 13 of 17

ImnaCt #23 (Tlmher Rridue fnr f nlf f ar Path _ u A llnw~hlo»l
Zone* Impact
s uare feet Minus wetlands in
bu er s ware eet Remaining buffer
Im act s uare eet Multiplier Required
Miti ation
1 650 n/a 650 3 (2 for Catawba) n/a
2 240. n/a ~ 240 1.5 n/a
Total 8.90 n/a 890 n/a
T.PVPI Cnraarlar f!1
Zone* Impact
s uare feet Minus wetlands in
bu er s uare eet Remaining buf~ jer
. Im act s uare eet Multiplier Required
Miti ation
1 136 10 126 3 (2 for Catawba) n/a
2 184 1 S6 28 1.5 n/a
Total 320 ~ 166 154 n/a
T.evel Sr~rearlPr #7. ~ .
Zone* _Impact.
s uare feet Minus wetlands in
bu er s uare eet Remaining buffer
Im act s uare eet
Multiplier Required
Miti ation .
1 325 n/a 325 3 (2 for Catawba) n/a
2 218 n/a ~ 218 1.5 n/a
Total 543 n/a 543 n/a
T.PVPI Crrn~~ar f!'3
Zone* Impact
s uare feet Minus wetlands in
bu er s uare eet Remaining buffer
Im act s uare eet Multiplier Required
Miti ation
1 252 n/a 252 3 (2 for Catawba) n/a
2 130 n/a 130 1.5 n/a
Total 382 n/a 382 n/a
' T.PVPI C~irnaAnr f!Q
Zone* Impact
s uare feet Minus wetlands in
bu er s uare eet Remaining buffer
Im act s uare eet Multiplier Required
Miti ation
1 592 n/a 592 3 (2 for Catawba) n/a
2 1,011 n/d 1,011 1:5 n/a
Total 1,603 r/a 1,603 n/a
T.PVPI .CnrP~rlnr $lfl
Zone* Impact
s uare feet Minus wetlands in
bu er s uare eet Remaining buffer
Im act s uare eet .Multiplier Required
Miti ation
1 314 156 158 3 (2 for Catawba) n/a
2 177 0 177 1.5 n/a
Total 491 156 335 n/a
Page 14 of 17

T.PVpI .C'nYParlPr ~~
Zone* Impact
s uare feet Minus wetlands in
bu er s uare eet Remaining buffer
Im act s uare eet Multiplier Required
Miti ation
1 225 n/a 225 3 (2 for Catawba) n/a
2 128 n/a 128 1.5 ~ n/a
Total 353 n/a 353 n/a
T.PVaI .Qnra~ilar ff1G
Zone* Impact
s uare feet Minus wetlands in
bu er s uare eet Remaining buffer
Im act s uare eet Multiplier Required
Miti ation
1 340 n/a 340 3 (2 for Catawba) n/a
2 279 n/a 279 1.3 n/a
Total 619. n/a 619. n/a ,
T.PVPI Cnra.~Anr $1Q

* '
Zone
Impact
s uare feet
Minus wetlands in
bu er s uare eet - --
Remaining buffer
Im act s uare eet

Multiplier
Re uired
Miti ation
1 698 n/a ~ 698 3 (2 for Catawba) n/a
2 246 n/a 246 1.5 n/a
Total 944 n/a 944 n/a
. T.PVP~ CTYPa1'1 PY fE1 O
Zone* Impact
s uare feet Minus wetlands in
bu er s uare eet Remaining bu, f~er
Im act s uare eet Multiplier Required
Miti ation
1 306 n/a 306. 3 (2 for Catawba) n/a
2 241 n/a 241 1.5 n/a
Total 547 n1a 547. n/a
T.PVaI Cnrnorlnr ff7Z
Zone* Impact
s uare feet Minus wetlands in
bu er s uare eet Remaining buffer
Im act s uare eet Multiplier Required
Miti ation
1 207 rt/a 207 3 (2 for Catawba) -n/a
2 201 ~ n/d 201 1.5 n/a
Total 408 ri/a 408 n/a
Pnnrl A
Zone* Impact
s uare feet Minus wetlands in
bu er s uare eet Remaining buffer
Im act s uare eet Multiplier Required
Miti ation
1 233 42 191 3 (2 for Catawba) n/a
2 .191 0 191 1.5 n/a
Total 424 42 382 n/a
Page 15 of 17

Pnn rl f'
Zone* Impact
s uare feet Minus wetlands in
bu er s uare eet Remaining buffer
Im act s uare eet Multiplier Required
Miti ation
1 107 72 35 3 (2 for Catawba) n/a
2 160 44 116 1.5 n/a
Total 267 116 151 n/a
'~ Gone i extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. The client proposes payment into NC-EEP to
satisfy the buffer mitigation requirements The Buffer mitigation required (including the
multipliers) totals 43.406 square feet (36 417 Zone 1 and 6 989 Zone 2)
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stotmwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
impervious level. 'The proposed impervious surface ercenta~e azea is 4 467 178 square feet or 18 98%
As the proposed impervious surface is less than 30% an NC DWO approved Stormwater
Management Plan is not required. Stormwater devices have been included for the Clubhouse
and Recreation Area per the Settlement Agreement (see attached details and documentation from
Nice Ens?iineering).
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge. or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The site will be serviced by sanitary sewer.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ® No ^
Is this an after-the-fact permit application? Yes ^ No
Page 16 of 17

XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide. a short narrative description: We
Certification and Isolated Wetland Programs" document prepared by the NC Division of Water
Quality on April 10, 2004, version 2.1. ~ The draft states that most residential subdivisions are
will advise us if a qualitative or quantitative impact analysis is required
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
'Agent's Signature Date
is valid only if an authorization letter from the applicant is provided.)
Page 17 of 17

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Project No. Scale: SOURCE:
5188.W5 1•=2000' FIG. 1 -USGS TOPOGRAPHIC MAP 11010Rav~RidgeRd.
Project Mgr. Drawney: OLDS LIBERTY GOLF CLUB GRISSOM/FRANKLINTON ~ Rale~,NC 27614
USGS QUADRANGLES
NT MM FRANKLIN CO., NC DATED:1999 919-8~tti6-5900
Date: 03/05107

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S&
EC

Name:
Address:
Phone:
-ironmental Consultants, PA
ltalcigh, North Carolina 27614 • Phone: [phone] Fruc: (919) 84b-9467
• t~r,S+mdECncofn
Project NameJDescription: _~~t,~e G,S a.- ~ GG~%~ C/~~ S8tEC Project #
Date: 3~z ~~~ 6
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Boz 1890
Wilmington, NC 28402
Attn: _ /~.! Gilc ,Qfs.ri~ r7-
Field Office: ,~~/~i`., ~
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:

I, the current landowner or municipal official, hereby designate and authorize Soil & Environmental Consultants,
PA to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental
information in support of applications, etc. from this day forward. The day of .
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liabllity and professional courtesy reasons, is valid only for government officials to
enter. the property when accompanied by S&EC staff. Yon should call S sage s site meeting prior to
visiting the site.
Print Property Own s or Municipal Official's Name Pro Owner's or Municipal Official's Signature
cc: Ms. Cyndi Karoly
NCDENR - DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
cc: Mr. Chris Flowers
Soil & Environmental Consultants, PA
Charlotte Oftice: Greensboro t)ff'ice:
236 LePhillip Court, Suite C ~ 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
AGENT; AUTHORIZATION FORM
All Blanks To Be Filled l:n ~v The Current Landowner or Municipal Official
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