20001116 Ver 1_Public Notice_20000823

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Action ID No. 199920576
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
PUBLIC NOTICE
001.116
August 22, 2000
North Carolina Golf Enterprises, 4800 Six Forks Road, Suite 100, Raleigh, North Carolina
27609, on behalf of Sandler at Old Stage, LLC, has applied for a Department of the Army (DA)
permit modification TO RELOCATE 130 LINEAR FEET OF AN INTERMITTENT
TRIBUTARY TO SWIFT CREEK, PLACE CULVERT AND FILL WITHIN 315 LINEAR
FEET OF AN INTERMITTENT TRIBUTARY TO SWIFT CREEK, AUTHORIZE THE
COMPLETED PLACEMENT OF FILL WITHIN 0.04 ACRE OF WETLANDS, AND
MODIFY THE EXISTING MITIGATION PLAN ASSOCIATED WITH CONSTRUCTION OF
THE GOLF COURSE FOR EAGLE RIDGE RESIDENTIAL AND GOLF COURSE
COMMUNITY, IN GARNER, WAKE COUNTY, NORTH CAROLINA.
This public notice does not imply, on the parts of the Corps of Engineers or other agencies,
either favorable or unfavorable opinion of the unauthorized work performed (0.04 acre of
wetland fill); but it is issued to solicit comments regarding the factors on which a final decision
will be based. Legal action has been suspended pending the outcome of this consideration.
The following description of the work is taken from data provided by the applicant and
from observations made during a site visit by a representative of the Corps of Engineers. The
original permit, issued to Sandler at Old Trace L.L.C. on February 7, 2000, authorized the
discharge of fill material into 0.42 acre of wetlands and 3,761 linear feet of unnamed tributaries
to Swift Creek for construction of the Eagle Ridge residential and golf course development.
Plans submitted with the present application show the proposed relocation of an additional 130
linear feet of an unnamed tributary to Swift Creek, the placement of culvert and fill within an
additional 315 linear feet of an intermittent tributary to Swift Creek, and the completed
(unauthorized) placement of fill into 0.04 acre of wetlands for construction of the proposed golf
course. The plans also propose a modification to the approved mitigation plan which will
involve removing a three-foot littoral shelf around the pond and increasing the wetland creation
area by 0.15 acre.
The proposed modification at Hole 1 includes the relocation of 130 feet of intermittent
stream. The stream is proposed to be relocated into a 220-foot long, low flow channel outside of
the historic floodplain, outside the golf fairway, in the vicinity of Lots 315-317. The new
channel width would be reduced 1 foot from that of the existing stream to promote overbank
flooding into a proposed 0.14-acre, shallow, contained bioretention area surrounding the
relocated stream. The applicant proposes to plant wetland hardwood tree seedlings along the
new channel and within the bioretention area.
2
The proposed modification at Hole 17 includes the placement of culvert and fill into 315
linear feet of intermittent stream within the fairway. The downstream end of the culvert would
empty into a proposed 0.075-acre stormwater retention wetland located immediately upstream of
a road crossing. The applicant proposes to plant shallow and deep marsh herbaceous plant
species in the retention wetland. The modification at Hole 12 involves the completed placement
of fill into 0.04 acre of wetlands, accomplished during course construction, to widen the fairway.
The applicant proposes to mitigate for stream impacts by providing preservation of 535
linear feet of intermittent streams, preservation of 0.61 acre of riparian area (including the 0.14
acre bioretention area), and creation of 0.08 acre of wet detention basin. The applicant also
proposes to mitigate for the completed (unauthorized) 0.04 acre fill at Hole 12 by adding an
additional 0.04 acre to the wetland creation area. The total increase to the existing wetland
creation area would be 0.19 acre (0.04 acre for Hole 12 mitigation and 0.15 acre to replace the
littoral pond shelf). The purpose of the proposed modifications is to improve playability of the
golf course, provide for storm water retention/treatment, and improve the function and protection
of planned mitigation areas. Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit
will be issued until the coordinated State viewpoint on the proposal has been received and
reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of
Water Quality (NCDWQ) has determined the applicability of a Water Quality Certificate as
required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register constitutes the extent
of cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts which the proposed activity may have on the
public interest requires a careful weighing of all those factors which become relevant in each
particular case. The benefits which reasonably may be expected to accrue from the proposal
must be balanced against its reasonably foreseeable detriments. The decision whether to
authorize a proposal, and if so the conditions under which it will be allowed to occur, are
therefore determined by the outcome of the general balancing process. That decision should
reflect the national concern for both protection and utilization of important resources. All factors
which may be relevant to the proposal must be considered including the cumulative effects
thereof. Among those are conservation, economics, aesthetics, general environmental concerns,
wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in
accordance with Executive Order 11988), land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in general, the needs and
welfare of the people. For activities involving the placement of dredged or fill materials in
waters of the United States, a permit will be denied if the discharge that would be authorized by
such permit would not comply with the Environmental Protection Agency's 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a
permit will be granted unless the District Engineer determines that it would be contrary to the
public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit
modification will not be made until the North Carolina Division of Water Quality (NCDWQ)
issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The
NCDWQ considers whether or not the proposed activity will comply with Sections 301, 302,
306, and 307 of the Clean Water Act. The application and this public notice for the Department
of the Army (DA) permit serves as application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, North Carolina Division of Water Quality
(NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of reproduction costs.
4
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), Wetlands/401 Unit, 1621 Mail Service Center, Raleigh, North Carolina 27699-
1621, on or before September 14, 2000, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. Todd Tugwell, until 4:15 p.m., September 21, 2000, or telephone
[phone], extension 26.
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