20070464 Ver 1_Approval Letter_20070813

~~F ~ATF9Q Michael F. Easley, Governor
~Q - ~i William G. Ross Jr., Secretary
~ . '~'.. North Carolina Department of Environment and Natural Resources
~ .C Coleen H. Sullins, Director
Division of Water Quality
August 13, 2007
DWQ Project No. 07-0464
Franklin County
Mr. Richard Wolf
Olde Liberty Club, LLC
4208 White Chapel Way
Raleigh, NC 27615
Subject Property: Olde Liberty Golf Club
Unnamed Tributary to Cedar Creek [030301, 29-28-(1) WSII, HQW, NSW]
NC Highway 96, Franklin County
APPROVAL of 401 Water Quality Certification, Isolated Wetlands Permit, and
AUTHORIZATION CERTIFICATE per the Tar-Pamlico River Buffer Protection Rules
(15A NCAC 2B .0259) with ADDITIONAL CONDITIONS
Dear Mr. Wolf:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.338 acres of 404/wetland, 0.0380 acres of Isolated
Wetland, 3461inear feet of stream (2861inear permanent, perennial stream impact, 301inear feet of
temporary perennial stream impact, 301inear feet of temporary intermittent stream impact), and
0.0006 acres intermittent stream impact due to bridges/driven piles), 0.4331 acres of waters, and
35,931 Zone 1Tar-Pamlico River basin protected riparian buffers and 19,887 square feet (ft2) of
Zone 2Tar-Pamlico River basin protected riparian buffers, to construct the proposed residential
development and golf club, as you described in your application dated March 14, 2007 and in the
additional information dated Apri19, 2007, May 15, 2007 and July 5, 2007. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification
Numbers 3625 and 3631 (GC3625 and GC3631). The Certification(s) allows you to use
Nationwide Permit No.(s) T2, 18 and 39, respectively, when issued by the US Army Corps of
Engineers (USAGE). Also, we have determined that this Isolated Wetland fill (0.0380 acres of
Isolated Wetland) is covered by the State General Permit for Impacts to Isolated Wetlands and
Isolated Waters (IWGP100000). Finally, this letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0259. In addition,
you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non-discharge regulations and Water Supply Watershed requirements. Also, the
authorization to impact waters will expire when the accompanying 404 permit expires unless
otherwise specified in the General Certification, and the authorization to proceed with your
proposed impacts to Isolated Wetlands as depicted in your application and as authorized by this
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http~//h2o.enr.state.nc.us/ncwetlands
None Carolina
~tura!!y
An Equal Opportunity/Affirmative Action Empioyer - 50% Recycled/10% Post Consumer Paper

Olde Liberty Club, LLC
Page 2 of 7
August 13, 2007
Permit, shall expire upon expiration of IWGP 100000 (September 30, 2008) or unless otherwise
rescinded by the Director of the Division of Water Quality.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify the Central Office of the Division of Water Quality in writing and
you may be required to 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 responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150
linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H
.0506 (h). This approval requires you to follow the conditions listed in the attached certification
and any additional conditions listed below.
Conditions of Certification:
I. Impacts A roved:
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
T e of Im act Amount A roved Units Plan Location or Reference
404/CAMA Wetlands 0.338 acres) See above
Isolated Wetland 0.0380 (acres See above
Stream 346 [(linear feet) 286 linear See application, Olde Liberty Golf and Country
permanent, perennial stream Club Impact Map (February 26, 2007) and
impact, 30 linear feet of subsequent correspondence dated May 15, 2007,
temporary perennial stream from DWQ to Mr. Richard Wolf, Olde Liberty
impact, 30 linear feet of Golf Club, LLC
temporary intermittent stream
im act]
Waters 0.4331 See above
Zone 1 TPBR Buffers 35,931 (s uare feet) See above
Zone 2 TPBR Buffers 19,887 (s ware feet See above
2. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the EEP receives and clears your check (made payable to:
DENR -Ecosystem Enhancement Program Office), no impacts specified in this
Authorization Certificate shall occur. The EEP should be contacted at [phone] if
you have any questions concerning payment into a restoration fund. You have 60 days
from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Wetlands Restoration Fund
to meet the following compensatory mitigation requirement:

Olde Liberty Club, LLC
Page 3 of 7
August 13, 2007
T e of Im act Com ensato Miti ation Re wired River and Sub-basin Number
Stream - erennial 286 (linear feet) Tar-Pamlico/03020101
TPBR Zone 1 36,417 (s ware feet) Tar-Pamlico/03020101
TPBR Zone 2 6,989 (s ware feet) Tar-Pamlico/03020101
3. Stormwater: The bypass channels for level spreaders 13, 18 and 19 must be relocated so that
they are not located down-slope of the level spreader lip. As they are currently designed,
they will compromise (short circuit) the function of the level spreader system. Within 60
days of receipt of this 401 Certification please provide plans that depict how the footprint of
the bypass channel will be positioned such that they do not truncate the storm event diffuse
flow that should be generated from level spreader lip.
a. The structural stormwater practices as approved by this Office as well as
drainage patterns must be maintained in perpetuity. No changes to the
structural stormwater practices shall be made without written authorization
from the Division of Water Quality.
4. Golf Course Under Drains:
a. Point source outlets that convey untreated stormwater to surface waters in any
areas where stormwater infrastructure has not been constructed as of the date
of the September 1, 2005 settlement agreement (unless specifically approved
by DWQ) is prohibited.
b. Under drains associated with the golf course may NOT be routed through the
riparian zone or allowed to discharge into any streams. In order to clarity,
under drain water from the golf course is may not be to be conveyed or
discharged to surface waters. Rather, it must infiltrate, be routed such that it
achieves diffuses flow through the landscape and riparian areas, or conveyed
to an DWQ approved Stormwater control measures.
5. Riparian Buffers. This tract is subject to Tar-Pamlico River Basin: Nutrient Sensitive Waters
Management Strategy: Protection and Maintenance of Eixisting Riparian Buffers regulations
(15A NCAC 02B .0259).
6. Settlement Agreement: A DWQ file review revealed that this tract, previously known as
Ballymore Subdivision, was issued a Notice of Violation dated May 21, 2004 for
unauthorized impacts to wetlands and to approximately 5,9601inear feet of stream due to
impacts associated with severe sedimentation. These impacts occurred to a Water Supply II,
a High Quality Water stream. In an effort to expeditiously resolve these violations and to
affect appropriate on site restoration an upfront settlement agreement was developed and
signed (dated September 1, 2004). In keeping with the intent of this agreement (a copy of
which was included with the application information) the following conditions are also
included in this Certification:

Olde Liberty Club, LLC
Page 4 of 7
August 13, 2007
Erosion and Sedimentation Control. The Developers agree that during remediation
and site development activities, they will take the following actions:
a. Within 30 days of signing this agreement, the Developers will request
modification of any current or existing erosion and sedimentation control
plans in order to meet current NC Division of Land Resources (hereinafter
"DLR") minimum design standards.
b. The Developers will establish effective vegetative cover for any disturbed
areas within 15 days.
c. The Developers will monitor and maintain a log of activities on each lot
and golf course segment so as to create a clear account of the land
disturbance activity, frequency of disturbance, and efforts to establish
thick vegetative cover and to provide clear documentation that vegetative
cover is established and maintained.
d. The Developers will use erosion and sediment control best management
practices in full compliance with all specifications governing the proper
design, installation, operation and maintenance of such practices.
e. The Developers will comply with the requirements of the Sedimentation
Pollution Control Act (SPCA), including designing, installing, operating,
and maintaining erosion and sediment control measures in accordance
with the most recent version of the North Carolina Erosion and Sediment
Control Manual.
£ The Developers will fully comply with the requirements included in the
National Pollution Discharge Elimination Systems (NPDES) stormwater
permit (NCGO10000) for construction sites.
g. The Developers will not allow any unauthorized waste, spoil, solids, or fill
of any kind to occur in wetlands, waters, streams or riparian areas.
h. The Developers will conduct all construction activities, including the
design, installation, operation, and maintenance of sediment and erosion
control best management practices, such that no violations of state water
quality standards, statutes, or rules occur.
Deed Restrictions. Within 120 days of signing the date of this Certification, the
Developers agree to file deed restrictions prohibiting development in the footprints of
all streams, all riparian buffers zones, wetlands, stormwater facilities, and
conservation easements areas. These areas must be depicted, labeled and recorded so
that these areas will remain protected in perpetuity.
Conservation Easements. Within 120 days of date of this Certification the developers
agree to place conservation easements that will be maintained in perpetuity on the
features depicted on the map identified as the Golf Course Routing and Stream
Crossing Plan, Ballymore Golf Course. Franklin County, North Carolina dated July
27, 2004. The easements areas are generally described as follows:

Olde Liberty Club, LLC
Page 5 of 7
August 13, 2007
a. A portion of areas cross-hatched in light orange at the northwestern
portion of the property between Lots 480 and 481 and between Lots 481
and 522 as more specifically depicted on Exhibit A (of the Agreement).
The conservation easement for these areas will allow of sloping of the
road.
b. Twenty-five feet along each side of the water feature depicted at the
northwestern boundary of the property along Lots 483-487. The
conservation easement for this area will allow for sloping of the road.
c. A portion of the area containing a wetland polygon bounded by lots 277,
454, and 455 as more specifically depicted on Exhibit B, if not already
covered by the footprint of the of the required riparian buffers.
d. Fifty feet within the property lines along each side of the water feature
shown at the northeastern boundary of the property along lots numbered
387-403 as more specifically depicted on Exhibit C, if not already covered
by the footprint of the required riparian buffers.
e. An area on the southern side of the water feature depicted at the
southwestern portion of the property and flowing form the NC Highway
96 entrance to Hole 9, as more specifically depicted on Exhibit D, but only
extending upstream from the origin of the stream (the portion downstream
for the origin of the feature will be subject to the Tar-Pamlico Riparian
Buffer Rules).
£ The wetland areas depicted at the eastern boundary of the property near
Mill Road, after construction is complete and all necessary 404 permit and
401 certifications have been obtained. After completion of construction,
the footprint of the wetland areas shall be placed in a conservation
easement that allows cutting for flyover and thinning of vegetation for
aesthetics, but no further filling.
7. During restoration efforts and during any future additional site development efforts, the Olde
Liberty Club, LLC and Mr. Richard Wolf must expressly agree to make available a copy of
this Certification to all current owners, trustees, executors of the affected tracts.
8. Upon completion of all work approved within the 401 Water Quality Certification and any
subsequent modifications, the applicant is required to return the attached certificate of
completion to the North Carolina Division of Water Quality, Asheville Regional Office and
North Carolina Division of Water Central Office at 1650 Mail Service Center, Raleigh, NC,
27699-1650.
9. If the land disturbance area is below the threshold, where a Division of Land Resource
(DLR) or a DLR delegate program approved Erosion and Sedimentation Control Plan is not
required or the land use does not trigger an Erosion and Sediment Control plan requirement
(e.g. Agriculture or Forestry), then measures, construction sequencing, and control practices
must be installed such that sedimentation to waters is prevented.. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing
and treatment shall be on site at all times.

Olde Liberty Club, LLC
Page 6 of 7
August 13, 2007
10. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, streams or riparian
areas beyond the footprint of the impacts depicted in the Preconstruction Notice Application.
All construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
11. Construction Stormwater Permit NCGO10000:
Upon the approval of an Erosion and Sedimentation Control Plan, issued by the Division of
Land Resources (DLR) or a DLR delegate local erosion and sedimentation control program,
an NPDES General stormwater permit (NCGO 10000), administered by DWQ is
automatically issued to the project. This General Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated by conditions in the permit. If
your project is covered by this permit [applicable to construction projects that disturb one (1)
or more acres], full compliance with permit conditions including the sedimentation control
plan, self-monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
http: //h2o. enr.state. nc. us/su/Forms Documents. htm.
12. Olde Liberty Club, LLC and its authorized agents shall conduct its activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and Federal law. Olde Liberty Club, LLC shall require its
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction contract and available on the job site at all
times.
If DWQ determines that standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that State or federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this
certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the certification,
.DWQ shall notify Olde Liberty Club, LLC and the US Army Corps of Engineers, provide public
notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Olde
Liberty Club, LLC in writing, shall be provided to the United States Army Corps of Engineers
for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also
become conditions of the 404 Permit for the project.
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to conduct work in waters that is
authorized by the Certification shall expire upon expiration of the 404 or CAMA permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), 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

Olde Liberty Club, LLC
Page7of7
August 13, 2007
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the
approved buffer impacts) shall be referred in writing to the Director for a decision. The
Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act and the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC
2B .0259. If you have any questions, please telephone Cyndi Karoly at 919-733-9646 or Danny
Smith at 919-733-5083 ext 353.
Sincerely,
Coleen H. Sullins
NC DWQ, Director
CHS/cbk/ijm
Attachments: Certificate of Completion
GC3625 and 3631
IWP100000
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
cc:
USACE -Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Danny Smith, Supervisor, DWQ Compliance Unit.
Nicole Thomson, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
DWQ # 07-0464
Filename: 07046401 deLibertyGolfC1 u b(Fra n klin)401_TPBR_IW

O~O~WAT~RpG
r
p j~ 'C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Richard Wolf and Olde Liberty Club, LLC, have permission as
outlined below to fill or otherwise impact 0.338 acres of 404/wetland, 0.0380 acres of Isolated Wetland, 346 linear
feet of stream (286. linear permanent, perennial stream impact, 30 linear feet of temporary perennial stream impact, 30
linear feet of temporary intermittent stream impact), and 0.0006 acres intermittent stream impact due to
bridges/driven piles), 0.4331 acres of waters, and 35,931 Zone 1Tar-Pamlico River basin protected riparian buffers
and 19,887 square feet (ftZ) of Zone 2Tar-Pamlico River basin protected riparian buffers, to construct the proposed
residential development and golf club, which is located off Longmill Road, near Youngsville, in Franklin County,
North Carolina. All activities associated with these authorized impacts must be conducted with the conditions
listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20070464
LOCATION: Near Youngsville
COUNTY Franklin
BASIN/ SUB BASIN Tar-Pamlico/03020101
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Im acts Miti ation
286 Linear Feet Perennial Stream 286 Linear Feet Perennial Stream
12,139 S uare Feet Zone 1 Buffers 36,417 S uare Feet Zone 1 Buffers
4,659 S uare Feet Zone 2 Buffers 6,989 S uare Feet Zone 2 Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 07046401deLibertyGolfClub(Franklin~01_TPBR IW EEP
- - one Carolina
401 Oversight/Express Review Permitting Unit tllCll~~l,/
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
County:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
Date:
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permiee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date