19960722 Ver 1_Approval Letter_19990921

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estate of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 21, 1999
Kenneth Bailey
Sandler at Old Stage, LLC
448 Viking Drive
Suite 225
Virginia Beach, VA 23452
Dear Mr. Bailey:
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed Eagle Ridge Development and Golf Course
WQC Project # 960722 COE # 199920576
Wake County
Attached hereto is a copy of Certification No. 3245 issued to Sandler at Old Stage, LLC dated
September 21, 1999.
If we can be of further assistance, do not hesitate to contact us.
Attachments
950722.wgc
cc: Wilmington District Corps of Engineers
Corps 'of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File Copy
Central Files
Jim Spangler; Spangler Environmental
Scott Mitcheil; John R. McAdams Company
-in rely
rr . Stevens
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Division of Water Quality • Non-Discharge Branch
Wetlands/401 Unit 1621 Mail Service Center Raleigh, NC 27699 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10%a post consumer paper

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NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION dated September 21, 1999 is issued in conformity with the requirements
of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500. It is issued to Sandler at
Old Stage, LLC resulting in 0.36 of wetland and 1,771 feet of stream impact in Wake County pursuant to
a revised application dated the 26' day of January 13,1999 to construct a golf course and residential
development.
The application provides adequate assurance that the discharge of fill material into unnamed
tributaries the waters of Swift Creek in conjunction with the proposed development will not result in a
violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306,
307 of P1. 92-500 and PL 95-217 if conducted in accordance with the application and conditions
hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application, as
described in the Public Notice. If you change your project, you must notify us and send us a new
application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future exceed one acre, compensatory mitigation may be
required as described in 15A NCAC ZH.0506 (h) (6) and (7). For this approval to be valid, you must
follow the conditions listed below. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion control,
Coastal Stormwater, Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
Appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent version of two manuals, either the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from
the Division of Land Resources in the DEHNR Regional or Central Offices). The control
practices shall be utilized to prevent exceedances of the appropriate turbidity water quality
standard (50 NTUs);
2. All sediment and erosion control measures placed in wetlands or waters shall be removed and
the natural grade restored after the Division of Land Resources has released the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
4. Should waste or borrow sites be located in wetlands or other waters, compensatory mitigation
will be required since it is a direct impact from this project;
5. A final detailed physical and biological monitoring plan for the stream restoration shall be
submitted for DWQ's written approval by November 15, 1999. This plan should include an
amended mitigation plan (based on your August 3, 1999 "Eagle Ridge Stream Relocation Plan"
depicting:

a) planting species and densities,
b) more detail for the "tie-in" to the natural channel at the
bottom of the reach,
c) the angle of the rootwad revetments, and
d) the "double-wing" deflectors changed to "single-wing
deflectors or eliminated altogether.
6. The stream "restoration" at L8, U62 and U63 shall be redesigned to mimic natural stream
pattern, dimension and profile. This plan shall be submitted, by November 15, 1999 to DWQ
for written approval by November 15, 1999.
7. Contribution to the NC Wetland Restoration Program for the inadequately buffer stream
restoration shall be provided on the enclosed form or a similar length of additional stream
mitigation will be needed. This area includes the fill authorized in our November 4, 1998
approval (316 feet), golf crossings as well as areas within the railroad right-of-way where. a 50
foot wide wooded buffer cannot be assured. An accounting of this length must be provided to
DWQ by October 15, 1999 and payment received by November 15, 1999.
8. Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds to notify the
state in order to assure compliance for future wetland and/or water impact. These mechanisms
shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit
(whichever is later).
9. Water withdrawals from Swift Creek shall not result in less than the 7Q10 of 0.1 cfs at the pump
.. intake. DWQ shall be copied at least two months before operation with the plan and calibration
calculations for the staff gauge to be installed to protect this low flow. DWQ shall be notified
when pumping begins for irrigation purposes.
Violations of any condition herein set forth shall result in revocation of this Certification and may
result in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This
Certification shall expire upon expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of
a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are
made to an original Certification, you have the right to an adjudicatory hearing on the modifications
upon written request within sixty (60) days following receipt of the Certification. Unless such demands.
are made, this Certification shall be final and binding. ,
This the 21' day of September 1999
DIVISION OF WATER QUALITY
WQC # 3245

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