HomeMy WebLinkAbout19960722 Ver 1_Complete File_1999091408/12/1999 20:47 8565855
I.
m
WAKE COUNTY
ENGINEERING
Department of Environmental Services
Erosion, Flood and Stormwater Services
(919) 856 -7449 PAX: (919) 856 -5855 PO Box 550, Raleigh, NC 27602
FAX COVER SHEET
DATE: l3'y9
TO: FAX N[JM BM-
NC LAMER OF PAGES (including, covcz): 3
FAX IS SENT
PAGE 01
IF YOU AO NOT RECEIVE ALL PAGES CLEARLY, CALL BACK AS SOON AS POSSIBLE
REIMA KS:
Cjue q 7 %�6vby L��AS,.�yess7/s- 1�� pd eec r�,r...
w �ftiG� /if e. �d ,4 �wr
� *l f 5��6 nytttov I65Kds
Cep`s6 5,0 o //^. A� ®//
A111,1 WI r' Ceti K °k 05
�i% d � ` c%`s sr �at� �.✓
�Vik
To protect and improve the quality of Wake County's environment and ensure a healthy future
for its citizens through cooperation, education, management and enforcement
- Printed on Nec"I&d Papor-
08/12/1999 20:47 8565855 ENGINEERING PAGE 02
WAKE COUNTY
Department of Environmental Services
Erosion, Flood and Stormwater Services
(919) 856 -7449 FAX: (919) 856-5855 PO gox 550, Raleigh, NC 27602
08/13/99
Arland Community Development
3211 Bramer Drive, Suite F-
Raleigh, N C 27602
Phone #: 9I9/872 -3525
Fax #: 9191 -
ATIN: John Meyers
RE: Letter of Disapproval
Project Name, Eagle Ridge Stream, Relocation
Submitted By: John R McAdams Co any
Project #: 99 -0107
P O Box 14005
Date Received: 6 -28-99
Research Triangle Park
Date Processing Initiated. 7 -14 -99
Phone #: 919/361 -5000 Fax #: 919/361 -2269
Disturbed Acres: 0 Watershed: Neuse 03 -04 -02
Submittal Eg Revision ❑
flan Review Fee: $0.00
band Disturbance Fee: Pending
Dear Mr. Meyers:
The Erosion and Sedimentation Control Plan submitted for the subject project has been reviewed by this
office_ Based upon a thorough review of the submitted plans and supporting materials, we find the plan as
submitted to be unacceptable and said plan is hereby disapproved by the authority grated to this office by North
Carolina General Assembly through Chapter 392 of the Sessions Laws of North Carolina, 1973 (hereinafter refer as
Erosion and Sedimentation Control Ordinance of Wake County). The reasons for disapproval of the submitted plan
and any recommendations are listed and explained on the enclosed form which is incorporated as a part of this letter
of disapproval.
You may submit a Revised Erosion and Sedimentation Control Plan for approval covering those items as
outlined on the enclosed form Under the authority of Erosion and Sedimentation Control Ordinance, this office has
1.5 days from the date of receipt to approve or disapprove your revised plan. However, if you wish to contest the
disapproval of this plan, you must request an administrative hearing within 15 days of your receipt of this Letter of
Disapproval. This request must be in the foram of a written demand, conforming to the requirements of A9glg
Section 11(1) of the Ordinance. A copy of the petition must be served on this Division and to the Director of the
Department of .Environmental Services.
Reasons for Disapproval:
First let me tell you that I was impressed with the detailed design packet submitued with your last submission
and after reviewing the new calculations we can accept the use of temporary matting. There are still some issues that
To protect and improve the quality of Wake County's environment and ensure a healthy future
for its citizens through cooperation, education, management and enforcement
— Printed on Recycled Paper-
08/12/1999 20:47 8565855 ENGINEERING PAGE 03
need to be addressed. There are some design elements that we are unwilling to accept and there are others that need
to be spelled out in more detail. I want to make sure your design intentions are understood by the contractor.
(1.) The design specifications for your channel relocation still show side slopes that are not acceptable (1.5:1).
For all practical purposes this will be a grassed channel with temporary liner until the selected bank vegetation
forms a stable root mass. We can accept no less than 2:1 side slopes even,with a vegetative cover of shrubs and
vines.
(2.) In the last review it was stated that the 2:1 side slopes would be allowed only if you show stable vegetation
that was slope adapted. You have provided a list of plants to be used, which does not sufficiently describe the
process. I will need to see a detailed planting plan, describing type of vegetation, spacing (density) of plants in each
zone, and installation method to be used. I would like this broken down into zones (stream bottom, mean low water,
mean water level and mean high water). There needs to be details and or instructions on how the planting will be
installed in the matting in order not to undermine the integrity of the matting. I am especially concerned about what
is refered to in the N.C. Sediment and Erosion Control Design Manual Section (6.72)(attached) as tho "reed bank
zone" and how the installation of the type vegetation to be used (rushes,reed grasses, cattails, etc.) will affect the
stablity of the temmpoary matting in the stream bottom.
(3.) Another issue is the use of rye grass in the hydro seeding mixture. While rye grass does gerrainnate quickly it
is too competative when mixed with other grasses and hurts more than it helps. Please remove rye grass from the
mixture.
(4.) I would still like a note on the plat} as follows NO'T'E; The water from the existing channel is not to be
diverted into the new channel until vegetation in the new channel is stable and only at the direction of Wake County
Environmental Engineer/Planner.
Pending approval of a revised plan or a decision on an appeal, commencement or continuation of any land -
disturbing activity associated with this project will constitute a violation of the Sedimentation and Erosion Control
Ordinance of Wake County.
Please feel free to contact this office at your convenience if you have any questions or if we can provide
any assistance in resolving this matter.
Sincerely,
W. Jake or
End ental Engineer/Planner I
cc: Scott Mitchell, John R. McAdams Company, Designer
John Dorney, NC Division of Water Quality
TIE JOHN R WADAMS CO:
LETTER OF TRANSMITTAL
To: Mr. Todd St. John
NC Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27607
Date:
1W For
8 -16 -99
** FEDERAL EXPRESS "
Re: Eagle Ridge Stream Relocation Job No.: ACD -99000
I am sending you the following item(s):
COPIES
DATE
NO.
DESCRIPTION
1
8/13/99
2
Detailed Planting plan for Eagle Ridge Stream Reloc.
These are transmitted as checked below:
❑ As requested
® For approval
❑ For review and comment
❑ For your use
Remarks: Todd, here is the detailed planting plan for the Eagle Ridge Stream Relocation. I have sent
copies of this planting plan to Jake Taylor with Wake County Environmental Services and John Holly with
NC Division of Land Quality. If you have any questions, please call.
Thanks,
Copy to:
Fritz Brunssen, P.E.
Signed:
Scott Mltchell,'E.I., S"S.I.T.
CIVIL ENGINEERING • LAND PLANNING • LANDSCAPE ARCHITECTURE • SURVEYING
PO Box 14005 • Research Triangle Park, NC 27709 • (919) 361 -5000 • fax(919)361-2269
wwwjohnrmcadams.com
ern
NCDENR
DIVISION OF WATER QUALITY
August 17, 1999
Memorandum To: John Dorney
From: Todd St. John ) \ _ titRC�
�1� � Q vLeE-
Subject: Eagle Ridge Stream Relocation
Wake County
The proposed stream location plan has been approved by Wake County
Environmental Services, according to my conversation with Jake Taylor yesterday. The
approval is conditional upon the fact that the project perform correctly. In order for this
Office to approve the relocation plan, it is recommended that the following information
be provided:
1) A detailed landscaping plan should be provided that includes densities, locations and
species of proposed vegetation. Also, the current plan does not provide adequate 50
foot forested buffers on either side of the relocated stream channel in several areas.
The buffers and channel may also encroach upon railroad ROWS. Of particular
concern is the stability of the reaches of the relocated channel that are located along
the proposed fairway. Inadequate buffer vegetation (especially trees and other woody,
deep- rooted vegetation) may result in unstable channel reaches. These sections of
stream may require armoring (soft or hard) to ensure adequate stability. Also, the
inadequately buffered reaches should not count as mitigation for the relocated
channel.
2) A detailed biological and physical monitoring plan should be provided.
3) Adequate detail showing the "tie -in" of the relocated channel to the existing channel
at the bottom of the reach should be provided.
4) Additional detail of the rootwad revetment plans should be shown to include accepted
angle(s) of rootwad placement.
ern
NCDENR
DIVISION OF WATER QUALITY
August 17, 1999
Memorandum To: John Dorney
From: Todd St. John t�l
Subject: Eagle Ridge Stream Relocation
Wake County
The proposed stream location plan has been approved by Wake County
Environmental Services, according to my conversation with Jake Taylor yesterday. The
approval is conditional upon the fact that the project perform correctly. In order for this
Office to approve the relocation plan, it is recommended that the following information
be provided:
1) A detailed landscaping plan should be provided that includes densities, locations and
species of proposed vegetation. Also, the current plan does not provide adequate 50
foot forested buffers on either side of the relocated stream channel in several areas.
The buffers and channel may also encroach upon railroad ROWs. Of particular
concern is the stability of the reaches of the relocated channel that are located along
the proposed fairway. Inadequate buffer vegetation (especially trees and other woody,
deep- rooted vegetation) may result in unstable channel reaches. These sections of
stream may require armoring (soft or hard) to ensure adequate stability. Also, the
inadequately buffered reaches should not count as mitigation for the relocated
channel.
2) A detailed biological and physical monitoring plan should be provided.
3) Adequate detail showing the "tie -in" of the relocated channel to the existing channel
at the bottom of the reach should be provided.
4) Additional detail of the rootwad revetment plans should be shown to include accepted
angle(s) of rootwad placement.
SPANGLER ENVIRONMENTAL, INC. 4
P.O. Box 387
Raleigh, NC 27602 -0387
August 20, 1999
Mr. John Dorney
NCDENR- Division of Water Quality
Wetlands /401 Group
4401 Reedy Creek Rd.
Raleigh, NC 27607
RE: Notification of water withdrawal from Swift Creek
Mr. Dorney:
Telephone 919 -546 -0754
Fax 919 -546 -0757
As the authorized agent for Sandler at Old Stage, LLC, Spangler Environmental, Inc.(SEI) herein submits
notification to your office of a minor surface water withdrawal from Swift Creek in the Neuse River Basin,
Wake County for the purpose of establishing and maintaining the planned golf course landscaping and wetland
and riparian mitigation vegetation in the Eagle Ridge Residential and Golf Course Development. The
withdrawal will be temporary in nature and will not involve the placement of any permanent structures in Swift
Creek or in close proximity to its banks.
Pump Assemblage
The intended pump is portable and will be stored on the Swift Creek bank during the next 24 months. It has the
capacity to withdraw 1300 gpm (1.87 MGD), and will convey through a 6" diameter line for a distance of 1200
where it will be stored in a holding pond. There is no flow meter on the pump.
Projected Water Needs
Water from the Creek will be stored in the pond and pumped out to facilitate irrigation of the development and
golf course. The pond will hold between 2 and 2.5 million gallons. The current estimated irrigation demands
for the next two years are:
mid August- October 1999 0.80 MGD
November — February 2000 0.50 MGD
March — July
0.80 MGD
August — September
0.60 MGD
October
0.35 MGD
November
0.30 MGD
December — February 2001
0.10 MGD
March
0.30 MGD
April
0.35 MGD
May — June
0.40 MGD
July
0.60 MGD
The total storage of the pond is between 2.5 days of irrigation for "high need" months to 25 days during "low
need" months.
Environmental Sciences • Environmental Remediation • Planning • Expert Testimony
Alternative water sources are being evaluated for use periods when pumping directly from Swift Creek cannot
satisfy irrigation demands without exceeding low -flow parameters. The alternatives currently being explored
include on -site groundwater wells (estimated 50 —150 gpm or 0.07 — 0.22 MGD), purchase of potable water
from the Town of Garner (0.20 — 0.25 MGD during non - drought conditions), or the utilization of water from a
private lake adjacent to the project site.
Protection of Low -Flow Characteristics
The average annual unit flow published by USGS in the Swift Creek basin is 1.1 cfs /mil of drainage area.
Employing the drainage area measurement at the nearest USGS station, McCuller's Crossroads (period of data
1932, 1949 - 1953), the average flow is just under 40 MGD at the project site.
The critical period of pumping is likely to be during high demand months that coincide with months that
typically have lower stream flow characteristics. Employing USGS stream data from an old station at
McCuller's Crossroads that is very close to the project site, the 7Q10 is 0.1 cfs (0.065 MGD). Since this figure
is lower than the projected daily demand, a monitoring device will be installed to assist pump operators in
determining low flow withdrawal limits.
SEI personnel will install a staff gauge at an arbitrary elevation just downstream of the pump intake. Flow
measurements will be taken and the stage recorded. The stage of the 7Q 10 flow of 0.1 cfs (from McCuller's
Crossroad's data) will be calculated based on these field measurements, and the critical stage will be brightly
marked on the gauge. If this stage is reached during a pumping event, the pump will be immediately shut off.
The field calculations and staff gauge specifications will be forwarded to your office upon completion.
Conclusion
The temporary pumping of surface water from Swift Creek is necessary to meet the temporary irrigation
demands of the development of the Eagle Ridge Residential and Golf Course Community. This can be
accomplished without the construction of permanent structures in or along the creek and without exceeding low
flow levels necessary to sustain aquatic habitat. A monitoring gauge will be placed just downsteam from the
portable pump to allow the end user to shut off the pump when low flows are approached.
Should you have any questions about the methodologies described or the nature of the system, please do not
hesitate to call us (919) 546 -0754.
Sincerely,
Spangler Environmental, Inc.
A. Spangler II
President
cc. Ken Bailey (Arland Community Development)
Ken Jolly (US Army Corps of Engineers)
ern
NCDENR
DIVISION OF WATER QUALITY
September 8, 1999
Memorandum To: John Dorney
From: Todd St. John
Subject: Eagle Ridge Stream Restoration
Wake County
I received a planting plan for the subject stream restoration project. The planting
plan appears to be sparse based on a 400 tree per acre amount; However, no densities
were provided. I have been unable to locate the file for this project. I have attached a
memo that I had prepared previously regarding the subject project. I am uncertain if the
other items included in my previous memo have been addressed.
State 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
00ft
D E N R
Division of Water Quality
Environmental Sciences Branch & Wetlands /401 Unit
Location: 4401 Reedy Creek Road
Raleigh, N.C. 27607
Mailing Address: 1621 Mail Service Center
Raleigh, N.C. 27699
FAX: (919) 733 -9959
1// V/�r
FAX TO: I FAX NUMBER: SYb 0 1751
FROM:
PHONE:
NO. OF PAGES INCLUDING THIS SHEET:
I , - . -f-i-, , I n ---� 2,
1
If you receive this fax by mistake call: ESB (919) 733 -9960 or Wetlands (919) 733 -1786.
* • i
09/14/1999 17:36 546 -0757
SPANGLER ENVIRONMENT
UVIRONMUfrA4 INC.
224 Fayetteville Street Mall, Suite 400
PO Box 387 Telephone 919 -546 -0754
Raleigh, NC 27602 -0387 Fax 919 -546 -0757
FACST VOLE
Date
ZI-Vk.
To .AVA/ AAeVfY
Company Name Z) k/ a
Project Number S& ; OS Za
From V 1 Al sp±!!!�
Fax 733 ?9477
PAGE 01
Total Number of Pages Including this Cover Sheet
♦ 0JVA1 : -7 !'GAM /tf" ACI lil/I7i�
R/P a-C)
14 O
WOVYI
For Questions or Problems Regarding this Fax, Please Call
Environmental Sciences - Environmental Remediation - Planning - Expert Testimony
Ij
99/14/1999 17:36 546 -6757 SPANGLER ENVIRONMENT PAGE 02
SEP -14 -1999 TUE 01;51 PM FAX N0. P. 02
State 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
Kenneth Bailey
Sandler at Old Stage, LLC
448 Viking Drive
Suite 225
Virginia Beach, VA 23451
Dear Mr. Bailey:
1
I'M% 000% OWL-
NCDENR
NORTH CAROILANA DEPARTMENT of
r- WARONMENT AND NATURAL RrtOURCES
September 14, 1999
Re: Certification Pursuant to Section 401 of the fedora.] Clean Water Act,
Proposed Eagle Ridge Development and Golf course
WQC Project # 960722 COE # 199920576
Wake Coup
xs 0opy of Certification 14o, 3245 issued to Sandler at Old Stage, LLC dated
If we ca)ubSWurther assistance, do not hesitate to contact us,
Sincerely,
Kerr T. Stevens
AttacbmePts
960722.wgc
cc: Wilmington District Corps of Fslgineers
Corps of Engineers Raleigh Field office
Raleigh DWQ Regional Office
File Copy
Central File",
Jim Spangler; Spangler Environmental
Scott Mitchell; John R. McAdams Company
Division of Water Quality • Non - Discharge 13ranch
Wetland&/401 Unit 1621 Mail Service Center Raleigh, NC 27699 Telephone 919 - 733.1786 FAX # 733 -9959
An Equal opportunity Affirmative Action Employer • 50% recyeled/t 0% post consumer paper
09/14/1999 17:36 546 -0757 SPANGLER ENVIRONMENT PAGE 03
SEE -14 -1999 TUE 01:52 PM FAX N0, P. 03
NORTH C ;U-'rs lNA 401��1�I'!'y� CIFI • T>tpN
THIS CFR'I'IRCA '' sued to confor mlty with there errs of Section 401 public
laws 92-500 and 95 -217 Un o , e North Carolina Division of Water
Quality (DWQ) Regulations in 1 500. It is issued to Sandler at Old Stage, LLC
resulting in 0.36 of wets n0 1.,'771 feet of stream h p ct in Wake County pursuant to a revised
application dated the day o ��� to c struct a golf course and residential
development. K , ►999 '
7bc application vides adequate assurance t the discharge of fill material into th�,waters of
swift Creek con 'un a the proposed development will not result in a violation
of applicable Water Quality Standards and discharge guidelines. Thercrore, the State of North Carolina
certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of
PL 92 -500 and FL 95 -217 if conducted in accordance with the application and conditions hereinafter set
forth.
This :approval is only valid for the purpose and design tbAt you submitted in your application, as
described in the Public Notice. If you change ' et, you must notify us and send us a new
application for a new certification, If the is sold, the new owner must be given a copy of the
Certification and approval letter and is a by sponsibl for complying with all conditions. If total
wetland fills for this project (now or in fu c no acre, compensatory mitigation may be
required as described in 15A NCAC 2H . 506 (h (6) d (7). For this approval to be valid, you must
follow the conditions listed below, In adds ' should got any other federal, state or local permits
bofore 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.
1. Appropriate sediment and eroCrth trol pr cores which equal or exceed those outlined in the
most recent version of two to ither a "North Carolina Sediment and Erosion Control
Pla3nning and Design Manual" N Carolina Surface Mining Manual" (available from
the Division of Land ResourcEHNR Regional or Central Offices). The control
practices shall be to prevent exceedanees of the appropriate turbidity water quality
standard (50 NT s) ;
2. All sediment an erosi Control measures placed in wetlands or waters shall be removed mid
the natural grade r-ftt6red after the Division of Land Resources has released the project;
3. Measures shrill be taken to prevent live or fresh concrete from coming into cgntact 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 1)WQ's written approval by November 15, 1999. This plan should include an
amended mitigation plan (based on your August 3, 1999 'Tagle Ridge Stream Relocation .Plan"
depicting;
09/14/1999 17:36 546 -0757 SPANGLER ENVIRONMENT PAGE 04
Ar -14-1 UyU 1 Uh U 1: be Fn FAX N0. P. 04
a) planting species and densities,
b) more detail for the "tie -in" to the nawt°al channel at the
bottom of the reach,
c) the angle of the footwad 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
attern, and profile. This plan shall be submi o DWQ for written approve
overnb4r 1$,19
7. Contribution to the NC Wetland Restoration Program for the inadequately buffer stream
tustor-ation shall be provided on the enclosed form or a similar length of additional stream
Mitigation will be nooded. 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.
S. 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 Crock shall not result in less than the 7Q10 of 0.1 cis 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 an sled with the
Office of Administrativo Nearings, p,Q, Box 27447, Raleigh, NC, 2C36 8447. If modifications are
made to an original Certification, you have the right to an adjudicatory hearing an the modifications
upon written request within sixty (60) days following receipt of tho Certification. Unless such demands
arc made, this CertiCcation shall be final and binding_
This the le day of September 1999
l IVU;ION OF WATpA QUALITY
Kerr T. Stevens
WQC 0 3245
e
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
Kenneth Bailey
Sandler at Old Stage, LLC
448 Viking Drive
Suite 225
Virginia Beach, VA 23452
Dear Mr. Bailey:
1 �
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 21, 1999
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
1
I
Division of Water Quality • Non - Discharge Branch
Wetlands /401 Unit 1621 Mail Service Center Raleigh, NC 27699 Telephone 919- 733 -1786 FAX # 733 -9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10 %a post consumer paper
M
a
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 (3 16 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. ,
WQC # 3245
This the 21' day of September 1999
DIVISION OF WATER QUALITY
M
I
IV
State 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
Kenneth Bailey
Sandler at Old Stage, LLC
448 Viking Drive
Suite 225
Virginia Beach, VA 23452
Dear Mr. Bailey:
September 21, 1999
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
960722.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 Mitchell; John R. McAdams Company
Pin ely. Stevens
i
Division of Water Quality • Non- Discharge Branch
Wetlands /401 Unit 1621 Mail Service Center Raleigh, NC 27699 Telephone 91 9- 733 -1786 FAX # 733 -9959
An Equal Opportunity Affirmative Action Employer • 50% recycled /10% post consumer paper
61
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 PL 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 2H .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:
1. 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.
WQC # 3245
This the 21' day, of September 1999
DIVISION OF WATER QUALITY
1 10 i.
TBE JOHN K WADAMS COMP
LETTER OF TRANSMITTAL
To: Mr. John Dorney
NC Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27607
Re: Eagle Ridge Stream Relocation
I am sending you the following item(s):
Date:
10 -14 -99
Job No.: ACD -99000
QUALITA'T l l
VF'JZ
COPIES
DATE
NO.
DESCRIPTION
1
8/13/99
2
Detailed Planting plan for Eagle Ridge Stream Reloc.
1
10/14/99
5
Revised Stream Relocation Plans
1
10/13/99
1 1
1 Responses to Sept. 21, 1999, 401 Certification
1
10/1/99
1 1
1 Inadequate Buffer Delineation Exhibit
These are transmitted as checked below:
❑ As requested ❑ For your use
® For approval ❑
❑ For review and comment ❑
Remarks: Mr. Dorney, here is the revised set of construction plans for the Eagle Ridge Stream
Relocation (per DWQ's 9- 21 -99, 401 Certification). Also included is a letter of response to Conditions of
Certification numbers 5 & 7. An exhibit is included to display areas that are inadequately buffered as
referred to in the resDonse letter. Please call if you have anv auestions. Thanks.
Copy to: Brian Surak, P.E.
Signed:
I., S.S.I.T.
CIVIL ENGINEERING • LAND PLANNING • LANDSCAPE ARCHITECTURE • SURVEYING
PO Box 14005 • Research Triangle Park, NIC 27709 • (919) 361 -5000 • fax (919) 361 -2269
www.johnrmcadams.com
.lk�,
THE JOHN R. McADAMS COMPANY, INC.
October 13, 1999
Mr. John Dorney
North Carolina DENR
Raleigh Regional Office
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27607
Re: Eagle Ridge Stream Relocation
ACD -99000
WQC Project #960722
COE #199920576
Dear Mr. Dorney,
This letter is in response to your September 21, 1999 North Carolina 401 Water
Quality Certification for the Eagle Ridge Development and Golf Course. Several
Conditions of Certification were listed as part of the permit. This letter addresses
required amendments to the mitigation plan (condition #5) and areas of the
proposed stream relocation that are inadequately buffered along the railroad right -
of -way (condition #7).
Condition #5 states that: ,
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.
CIVIL ENGINEERING • LAND PLANNING • LANDSCAPE ARCHITECTURE • SURVEYING
PO Box 14005 • Research Triangle Park, NC 27709 • (919) 361 -5000 • fax(919)361-2269
www.johnrmcadams.com
THE JOHN R. McADAMS COMPANY, INC.
Mr. John Dorney
October 13, 1999
Page Two
The John R. McAdams Company is preparing the final mitigation plan, while the
final detailed physical 4:er elagira4 mo ' for the stream restoration is
being prepared by Environ mental Consultants. For convenience, each
amendment to the mi er listed above.
A) In early July, Mr. Ken Jolly of the US Army Corps of Engineers was
contacted concerning suitable planting species and densities for the Eagle Ridge
site stream buffers. Mr. Jolly recommended speaking with Mr. Owen Anderson
of the NC Wildlife Resources Commission to obtain appropriate species and
spacing suggestions, since no written Corps of Engineers guidelines exist. After
talking with Mr. Owen Anderson, a detailed planting / landscaping plan (designed
by Mr. Shawn Anderson of Basnight Land & Lawn) for the stream relocation site
was submitted to DWQ (addressed to Mr. Todd St. John, P.E.) on August 16,
1999. This plan utilizes native, mass producing species recommended by Mr.
Owen Anderson. Mastproducing trees were recommended due to their benefits
to local wildlife versus simply planting live willow stakings. Mr. Owen Anderson
recommended that Mr. Shawn Anderson utilize spacings that he (Shawn) felt
were appropriate for the selected species, since Shawn is highly experienced in
landscape design. The detailed planting plan, as submitted on August 16, 1999, Z
directly implements all of Mr. Owen Anderson's recommendations, and is more
than adequate to supply appropriate buffer materials due to the large size and type US
of trees selected.
B) More detail for the "tie -in" to the natural channel at the bottom of the reach is
supplied with an additional plan sheet. The additional plan sheet focuses on the
"tie -in" at a scale of 1 " =10'. As this sheet displays, the existing channel
centerline makes approximately an 18 -foot radius bend before continuing to the
next downstream bend. The proposed channel "tie -in" increases the bend radius
to approximately 27 -feet; a 50% increase in bend radius as compared to the
existing stream centerline bend radius. By increasing its radius, this stream bend
will be more stable with the proposed channel in place than with existing
conditions.
�vbJ Sfi�
QTd .
-1
aO.
S �w -
C) The details for the stream relocation plan have been updated to indicate that
rootwads are to be installed at an angle of 20 to 30 degrees from normal to the
face of the stream bank, with the base of the rootwad facing upstream. __I �C
Rj
THE JOHN R. McADAMS COMPANY, INC.
Mr. John Dorney
October 13, 1999
Page Three
D) As a result of a telephone conversation with Mr. Eric Fleek of the NCDWQ,
all references to "double- wing" deflectors have been removed from the stream
relocation plan. Channel constrictors were viewed as more appropriate for a
stream of this size.
Condition #7 states that:
Contribution to the NC Wetland Restoration Program for the
inadequately buffered 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.
In order to calculate an equivalent length of inadequately buffered stream
requiring payment into the NC Wetland Restoration Program, measurements
indicating needed buffer area versus supplied buffer area, along with
corresponding channel lengths, were taken along stream sections where less than
50 feet of forested buffer is supplied. Since the developer cannot assure the long-
term maintenance of the existing forested vegetation within the railroad right -of-
way, this portion of the existing forested buffer was not counted in the
measurements. However, an average of 20 feet of canopy over the railroad right -
of -way, supplied by existing mature trees on the Eagle Ridge property, was
included in the measurements of supplied buffer, since the long -term maintenance
of these trees can be assured.
The average riparian buffer width in all areas that are less than 50 feet wide was
calculated using the measurements mentioned above. There are 6 areas along the
proposed stream where this occurs (analyzing each side of the stream separately).
Since the measured centerline lengths only represent one side of the channel, all
lengths were added and then divided by 2 in order to represent a true length of
inadequately buffered stream.
THE JOHN R McADAMS COMPANY, INC.
Mr. John Dorney
October 13, 1999
Page Four
Facing downstream, section A represents the left side of the stream from
approximately stakes 4 to 6. Section B represents the right side of the stream
from approximately stakes 3 to 10. Section C represents the left side of the
stream from approximately stakes 12 to 14. Section D represents the right side of
the stream from approximately stakes 20 to 24. Section E represents the left side
of the stream from approximately stakes 22 to 24. Section F represents the left
side of the stream from approxim y stakes 26 to 28.
17�
Section A: L =85ft; Buffer Nee ed= 5,530sf; Buffer Supplied= 1,872sf
Section B: L =400ft; Buffer Needed= 18,253sf; Buffer Supplied= 10,887sf
Section C: L =65ft; Buffer Needed= 4,972sf; Buffer Supplied= 3,633sf
Section D: L =185ft; Buffer Needed= 9,374sf; Buffer Supplied= 7,775sf
Section E: L =70ft; Buffer Needed= 4,997sf; Buffer Supplied= 3,906sf
Section F: L =50ft; Buffer Needed= 4,662sf; Buffer Supplied= 3,063sf
Total Length =855ft Total Length / 2= 427.5ft ,� 1
Total Buffer Area Needed to Supply 50 ft width= 47,788sf
Total Buffer Area Supplied According to Plans= 31,136sf
.n
Average Buffer Width Where < 50ft Wide = 50ft x (31,136sf / 47,788sf) = 32.6ft
Equivalent Length of Stream That Needs To Be Paid for Due to Inadequate
Buffer Width
= [ 1 - (31,136sf / 47,788sf) ] x 427.5ft = 149ft
A plan delineating inadequately buffered stream lengths is included for your
reference. These calculations and measurements were performed to give a fair
accounting of inadequately buffered stream length. While 32.6 feet of buffer
width will not provide as much nutrient removal as a full 50 foot buffer would, it rx
removes considerably more nutrients than no buffer at all, therefore, its effects
should be accounted for. The calculations performed above represent this fact.
�655�
�f 31�
THE JOHN R. McADAMS COMPANY, INC.
Mr. John Dorney
October 13, 1999
Page Five
If you have any questions or concerns about the responses to these conditions,
please do not hesitate to call.
Sincerely,
THE JOHN R. McADAMS COMPANY, INC.
Scott Mitchell, E.I., S.S.I.T.
Associate Project Engineer
C: Ken Jolly, US Army Corps of Engineers
Ken Bailey, Arland Community Development
Diana St. John, P.E., Arland Community Development
Melanie Connelly, P.E., Arland Community Development
Jim Spangler, Spangler Environmental Consultants
Brian Surak, P.E., The John R. McAdams Company, Inc.
Aft SPANEiLER ENVIRONMENTAL, INC.
224 FAYETTEALLE STREET MALL, SUITE 400
P.O. BOX 367
RALEIGH, NC 27602 -03$7
November 15, 1999
Mr. John Dorney
NCDENR, Division of Water Quality
PO Box 29535
Raleigh, NC 27626
EMAIL: JASPANCLERQAOL.COM
TELEPHONE 919-546-0754
FAX 919-546-0757
RE: Eagle Ridge Golf Course and Residential Development 401 Certification Conditions
Dear John:
In accordance with the parameters set forth in 401 Water Quality Certification No. 3245, issued
to Sandler at Old Stage, LLC on September 29, 1999 for the Eagle Ridge Golf Course and
Residential Development, we are pleased, as Sandler's authorized agent, to present final
documentation regarding the permittee's compliance under the Federal Clean Water Act. Below
is a reiteration of the 401 Certification Conditions in bold with the permittee's response in italics.
1. 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 ". The control practices shall be utilized to
prevent exceedances of the appropriate turbidity water quality standard (50
NTUs).
The permittee is currently working closely, and will continue to work closely with
the Division of Land Resources and Wake County officials to control all sediment
runoff from the site.
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.
The permittee submits to removing any sediment and erosion control measures
placed in wetlands or waters and to restoring the natural grade of these areas after
the Division of Land Resources releases 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.
The permittee submits to allowing all fresh and live concrete to harden before it
comes into contact with waters of the State.
ENVIRONMENTAL SCIENCES • REMEDIATION • LAND PLANNING • EXPERT TESTIMONY
ft
SPANGLER ENVIRONMENTAL, INC.
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.
The permittee does not plan on using wetlands or other waters for waste or
borrow sites. If this situation were to become necessary in the future, the
permittee submits to noting the Division of Water Quality Wetland/401 Group.
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 an
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;
This information has already been prepared for and delivered to the Division of
Water Quality on or before October 15, 1999.
6. The stream "restoration" at L8, U62, and U63 shall be redesigned to mimic
natural stream pattern, dimension, and profile. This plan should be submitted,
by November 15, 1999, to DWQ for written approval by November 15, 1999;
The permittee is submitting the information required for this condition as apart of
this package.
7. Contribution to the NC Wetland Restoration Program for the inadequately
buffered 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 course 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;
ENVIRONMENTAL SCIENCES • REMEDIATION • LAND PLANNING • EXPERT TESTIMONY
The permittee supplied this information prior to October 15, 1999. DWQ has
informed Spangler Environmental, Inc. that it has additional questions that need to be
answered regarding this matter, is available to meet on November, 30 1999 for such
a discussion, and will set a reasonable date for this submission of the above
information at this time.
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.)
The permittee is placing and will continue to place deed notifications on all lots with
jurisdictional wetlands, waters, and areas within 50 feet of streams and ponds.
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.
The permittee agrees to submit plan and calibration calculations two months prior to
pump operation and in notifying DWQ when pumping is initiated.
If you have questions concerning any of the enclosed information, please feel free to contact
Scott Linnenburger or Jim Spangler directly at 546 -0754.
Sincerely,
Spangler Environmental, Inc.
Scott Linnenburger
Project Manager
cc. Ken Bailey (Arland)
Eric Alsmeyer (USACE)
Scott Mitchell (John R. McAdams)
enclosures
ENVIRONMENTAL SCIENCES • REI4IEDIATI ®N • LAND PLANNING • EXPERT TESTIMONY
It
SPANGLER ENVIRONMENTAL,
Vol
Af_
Eagle Ridge Stream Restoration Monitoring Plan e
Introduction J
The Eagle Ridge Development and Golf Course lies within the Swift Creek watershed, south of
the Town of Garner in Wake County, North Carolina. The 534 acre property is south of Swift
Creek and is bound on the east and west by Old Stage Road and the Norfolk Southern Railroad,
respectively. The property can be found on the Garner Quadrangle map (USGS 1:24,000 scale)
and Wake County Soil Survey sheet #85.
A total of 1,472 feet of stream restoration will be undertaken on -site (see attached, revised plan).
Currently a stretch of perennial stream adjacent to Norfolk Southern Railroad is channelized,
incised, and unstable. This stream will be re- routed through the floodplain to restore the natural
pattern, dimension, and profile. The banks will be stabilized and a forested riparian area will be
restored along both banks where practicable.
The primary goal in undertaking stream improvements on the Eagle Ridge site is to renew a
natural sinuosity and stabilized channel structure to the straightened stretch of stream. This
channelized area has under cut its banks in a number of places, leading to stream bank slumping
and increased sediment transport downstream. These conditions have begun to migrate in an
upstream direction. Without intervention, the stream incision would continue to spread upstream
through the tributary system while increased sedimentation will continue downstream. In order
to accomplish this restoration goal, the geomorphology of the present channel must be adjusted
and a healthy riparian zone will have to be established around the new channel.
A natural geomorphologic stream structure will stabilize the banks and equalize the sediment
supply. This will prevent continued upstream migration of the stream incision. It will also
increase the number of habitat niches that are available within the stream by recreating a riffle -
pool sequence. Rosgen stream classification (Level I, II) was carried out on -site, above and
below the degraded area, to determine the necessary geomorphologic characteristics of the
restored area. The stream will need to portray E -5 characteristics. The slope should be very
close to 0.002, sinuosity (stream length/valley length) should be close to 1.42, entrenchment ratio
(width of the floodprone area at an elevation twice the maximum bankfull width/bankfull depth)
should be approximately 2.2, and width/depth ratio (bankfull width/ mean bankfull depth) should
be approximately 8.0. The substrate should be dominated by gravel and sand with lesser
amounts of boulders, cobble, and silt. Pool to pool spacing should be 7 bankfull channel widths.
ENVIRONMENTAL SCIENCES • REMEDIATION •LAND PLANNING • EXPERT TESTIMONY
SPANGLER ENVIRONMENTAL., ; ,
Monitoring Activities
The goals of the geomorphologic renewal are both measurable and attainable, and the success of
the endeavor can be quantified on an annual basis. Monitoring the physical sediment transport
and flow characteristics upstream, within, and downstream of the restoration will determine
whether or not the new channel develops into a situation of dynamic equilibrium with conditions
in all monitoring areas being comparable. Monitoring the species richness within the stream and
in the riparian area will determine whether a sustainable ecologic community is succeeding after
the impact of the restoration.
Permanent monitoring sites have been installed approximately 200 linear feet above and below
the restoration area. Three sample locations will be installed in the restoration area with re -rod
or "headpins" as is commonly done in in- stream flow incremental methodology studies (see Dam
Safety Act). In stream sampling will begin one year after the stream relocation to allow the area
to initially equilibrate to the new flow conditions. Annual monitoring will be conducted during
the Summer months for a minimum of two years. Data will be reported to the Division in
written and tabular form, with accompanying maps, within two weeks of the sampling event.
At each sampling location the following data will be collected: /
• Channel dimension /, 7 t v0¢
• Sediment transport (turbidity grab sample) �e '�
• Flow velocity (w/ Price Qr Pygmy meter)
• Species richness (EPT S) 1 "
■ Biotic Index (BIEPT) �"
The primary performance criteria for in- stream success will be the Ephemeroptera + Plecoptera
Trichoptera species richness, and will be conducted under the Standard Operating Procedure
(for) Biological Monitoring (NCDEHNR, 1997). Secondary success criteria shall be sediment"
transport values within 25% from upstream to downstream monitoring stations.
Three sampling locations of 50 feet in diameter will be installed within the restored riparian
corridor after planting. Success of the plantings will be monitored yearly. Woody species
success will be set at 85 % aerial coverage of the planted species for at least two consecutive
years of the five year monitoring period. Understory (herbaceous and shrubs) species success
will be determined by a minimum 85% aerial coverage of planted species over two consecutive
years of the five year monitoring period.
ENVIRONMENTAL SCIENCES * REMEDIATTON * LAND PLANNING a EXPERT TESTIMONY
F ,;
State 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
Mr. Kenneth Bailey
Arland Community Development
448 Viking Drive, Suite 25
Virginia Beach, VA 23452
Dear Mr. Bailey:
ki 1••
NC ENR
NORTH CAROLINA DEPARTMENT OF. -
ENVIRONMENT AND NATURAL RESOURCES
November 18,11999
Re: Stream Restoration Plan
Eagle Ridge Development
DWQ #: 960722, COE #: 199920576
Wake County -
DWQ staff has completed our review of the Eagle Ridge stream relocation plan
submitted by Scott Mitchell of the John R. McAdams Company dated 13 October 1999.
The following changes need to be made in the site plan for the golf course near the stream
restoration site in order to have this effort count as the required restoration.
We do not agree with Mr. Mitchell's calculations for varying buffer widths as
presented in his 13 October 1999 letter. As presently designed, you will need to provide
compensatory mitigation for 885 linear feet of stream restoration with less than 50 foot of
protected, vegetated buffer and 316 linear feet of stream restoration from earlier impacts.
However, we believe that the stream restoration plan and golf course in this area should
be modified as below at least to partially address these shortcomings.
A 30 foot wide wooded and 20 foot wide undisturbed vegetated (i.e., wooded or
rough vegetation) will be needed in order to qualify as stream restoration. Also, this area
will need to be protected from disturbance. Therefore, the golf course will need to be
redesigned with a conservation easement at B, and D/E. Also the proposed creek
alignment will need to be modified at C and F to provide this buffer. The stream at A,
where the golf course crosses the channel, will not count as mitigation.
If the above changes to the site plan are not made, then additional stream
restoration will be needed to make up the difference. Finally, we recently received Mr.
Linnenburger's letter of November 15, 1999 concerning stream restoration above the
proposed pond. The restoration above the road is acceptable since the channel has been
Wetlands /401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone 919- 733 -1786 FAX # 733 -9959
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
F , i.
straightened but the restoration below the road shows a sinuous channel, which does not
need restoration and is thereby unacceptable.
Please submit a revised stream restoration plan and golf course design that meets
the above requirements. I can be reached at 919 - 733 -9646 if you have any questions.
'nerZDomeyZ)
J n R.
1
cc: Ken Jolly; Raleigh Field Office US Army Corps of Engineers
Central Files
DWQ Raleigh Regional Office
File copy
Scott Mitchell; John R. McAdams Company
2
11/30/1999 17:28 546 -0757
SPA*,ER ENVIRONMENT
ANfI R F"1g0N1 FJf rALL INC.,
234 FALYETTRYILLE STRMT Mkljl,, SUrM 400 jAs ANGLER MI
-0 ?54 CO
P.O. BOX 3$7
RMMczH, NC $700"3$7 fA X 919 -54e -0757
November 30, 1999 - — --- — — - --- — � — ! —
Post -it' Fax Note 7671
Mr. John Dorney Th JV" pivision of Water Quality Oo.,D* Q ER16Ett
Wetlands/401 Group P.O. Box 29s35 }5�
12aleigh, NC 27626 F81"` }'33.4R �5}
VIA FASCIMILE
RE: Eagle Ridge Golf Course and Residential Development
Dear John:
Herein is a synopsis of the decisions that were reached during the November 30, 1999 meeting
regarding stream mitigation on the Eagle Ridge Golf Course and Residential Development site,
as mandated by the 401 Water Quality Certification dated September 29, 1999. Reference is also
made to the November 15, 1999 letter to you from our ofEce (attached). Attending this meeting
were Ken Bailey and Melanie Connelly of Arland Community Development, Jim Spangler and
Scott Linnenburger of Spangler Environmental, Inc., and Scott Mitchell of The John R.
McAdams Company. At issue were conditions 6 and 7 of the 401 Certification.
Regarding condition 6:
In order to more accurately depict the reasons for requiring mitigation at U62 and U63,
the original contours of the stream will be removed from the restoration design drawing. These
contours have been significantly altered and, at this time, are nearly straight. Restoring a natural
pattern, dimension, and profile is necessary to comply with this condition. Drawings depicting
this situation are forthcoming. Additionally, it was agreed upon that the restoration at L8 does
not demand as sinuous a channel as is currently depicted. A drawing depicting a natural pattern,
dimension, and profile, but one that does not severely limit the buildable area in the adjacent lots
will be prepared.
Regarding condition 7:
456 feet of stream mitigation, based on 316 feet of mitigation outstanding from the November 4,
1998 approval and 140 feet of mitigation for culverted golf course crossings currently being
permitted, is required for compliance with this condition. Explicit in this condition is the need
for 50 foot wooded buffers on each side of any stream segment proposed as acceptable
mitigation.
The restored stream on the property is 1,472 feet in length. Inadequately buffered areas
(depicted as areas A -F in a design submitted by John R. McAdams Co. in October) are adjacent
ENVIRONMENTAL SCIENCES • REMEDI*TION • LAND PLANNING • EXPERT TESTIMONY
O
11/30/1999 17:28 546 -0757 SPANGLER ENVIRONMENT PAGE 02
CaL—F, R- FJMf tOMMAIv INC,
to a cumulative total of 700 feet of the total length of the restored steam. Therefore, 772 feet of
acceptable stream mitigation area with 50 foot wooded buffers on each side of the stream, and
contained within the Eagle Midge property, is provided by the on -site stream restoration
activities. This is an excess of 224 linear feet of restoration than is mandated by this condition.
We trust that this information suffices as a synopsis of our November 30, 1999 meeting's
decisions. When the above - mentioned drawings are completed, a package containing those plans
and another copy of this letter will be forwarded to the Wetlands /401 Unit to provide for
compliance with Conditions 6 and 7 of the 401 Certification for this project.
As agreed by the attendees, these items resolve all remaining outstanding issues for 401
Certification compliance, with the exception of Swift Creek withdrawal notification that is
anticipated sometime in 2000.
Again, thank you for your time and effort in resolving this complex situation.
Sincerely,
Spangler Environmental, Inc.
(Jame A. Spangler, H
President
cc. Ken Bailey (Arland)
Melanie Connelly (Arland)
Scott Mitchell (John R, McAdams)
EWfLO►NMENTAL SCIENCES • REMEDIATION • LAND PLANNING • EXi' T TESMONX
11/30/1999 17:28 546 -0757 SPANGLER ENVIRONMENT PAGE 03
jUfiLFR f WIRONMMM., MCe
854 gALYETrEYRIE STRUT MALL. surm 400
P.O. BOX 367
RALEIGH, NC 57608-08$7
November 15,1999
Mr. John Dorney
NCDENR, Division of Water Quality
PC Box 29535
Raleigh, NC 27626
EMAIL- JASPANEiLER.l1ALOL.COM
TEUUNOIRE 919- 546 -0754
FAX 919-546 -0757
RE: Eagle Ridge Golf Course and Residential Development 401 Certification Conditions
Dear John:
In accordance with the parameters set forth in 401 Water Quality Certification No. 3245, issued
to Sandler at Old Stage, LLC on September 29, 1999 for the Eagle Ridge Golf Course and
Residential Development, we are pleased, as Sandler's authorized agent, to present final
documentation regarding the permittee's compliance under the Federal Clean Water Act. Below
is a reiteration of the 401 Certification Conditions in bold with the perimittee's response in italics.
1. Appropriate sediment and erosion control practices which equal or exceed these
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 Maonal". The control practices shall be utilized to
prevent eaceedances of the appropriate turbidity water quality standard (50
NTUs).
The permittee is currently working closely, and will continue to work closely with
the Division of Land Resources and Wake County officials to control all sediment
runoff from the site.
2. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored after the Division of Laud Resources
has released the project.
The permittee submits to removing any sediment and erosion control measures
placed in wetlands or waters and to restoring the natural grade of these areas after
the Division of Land.Resources releases 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.
The permittee submits to allowing all fresh and live concrete to harden before it
comes into contact with waters of the State.
ENYIRONME ALL SCIENCES • REM I*TION + LAIRD PLANNING • EXMT TEST MONY
11/30/1999 17:28 546 -0757 SPANGLER ENVIRONMENT PAGE 04
orARGM U 7[ IROYl M u\Cv
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.
The permittee does not plan on using wetlands or other waters for waste or
borrow sites. .f this situation were to become necessary in the future, the
permittee submits to notifying the Division of Water Quality Wetland/401 Group,
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 an
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;
This information has already been prepared for and delivered to the Division of
Water Quality on or before October 15, 1999
6. The stream "restoration" at L8, U62, and U63 shall be redesigned to mimic
natural streams pattern, dimension, and profile. This plan should be submitted,
by November 15,1999, to DWQ for written approval by November 15,1999;
The permittee is submitting the information required for this condition as apart of
this package.
7. Contribution to the NC Wetland Restoration Program for the inadequately
buffered 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 W our November 4, 1998 approval (316 feet), golf course crossings, as
well as areas within the railroad fright- 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;
EWRONMENTAL SCIENCES • RIEM£DIATION a LAND PLAN=fi a EXPERT T1:STIMONY
11/30/1999 17:28 546 -0757 SPANGLER ENVIRONMENT PAGE 05
SPARG—LUR F"Tb^
nONMFMAlo INC.
The permittee supplied this information prior to October 15, 1999. DWQ has
informed Spangler Environmental, Inc_ that it has additional questions that need to be
answered regarding this matter, is available to meet on November, 30 1999 for such
a discussion, and will set a reasonable date for this submission of the above
information at this time.
S. 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.)
The permittee is placing and will continue to place deed notifications on all lots with
jurisdictional wetlands, waters, and areas within S0 feet of streams and ponds.
9. Water withdrawals from Swift Creek shall not result in less than the 7Q10 of 0.1
cis 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.
The permittee agrees to submit plan and calibration calculations two months prior to
pump operation and in notifying DWQ when pumping is initiated.
If you have questions concerning any of the enclosed information, please £eel free to contact
Scott Linnenburger or Jim Spangler directly at 546 -0754.
Sincerely,
Spangler Environmental, Inc.
Scott Linnenburger
Project Manager
cc. Ken Bailey (Arland)
Eric Alsmeyer (USACE)
Scott Mitchell (John R. McAdams)
enclosures
FIMRONMENTAL SCIENCES • 1iEMUTATION • LAND PLANNING * EXPERT Tla.SMONY