20031625 Ver 4_401 Application_20080205

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CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
February 3, 2008
Ms. Amanda Jones
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
Ms. Cyndi Karoly
N.C. Division of Water Quality
2321 Crabtree Blvd. Suite 250
Raleigh, NC 27604-2260
RE: Bright's Creek Golf Club
After-The-Fact 214 foot culvert
Polk County, North Carolina
Dear Ms. Jones and Ms. Karoly:
.p~il®
Enclosed for your review and approval is an After-The-Fact permit application fora 214
foot culvert installed for a road crossing. This application includes the plans representing
all activities resulting in impacts to jurisdictional Waters of the U.S.
Clearwater Environmental Consultants met with Liz Hair and Tom Walker, USACE, for
a pre-application meeting and to discuss the unauthorized culvert on November 29, 2007.
Please do not hesitate to contact me at [phone] with any questions or comments
you may have concerning this application.
Sincerely,
f~ i_1r~ i' C f r'~T /t1
R. Clement Riddle, P.W.S.
Principal
~~~ ~~~~~t
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DENR -'~1A1 Eta ~Uk~i ~'~
WJETIANDS AND STORIVIWATER &3Rr'LNC~
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax; 828-698-9003
www.cwenv.com

Jan 30 08 09:17a Bright's Creek Realty
APPLICATION FOR DEPARTMENT OF THE ARMY PERT
33CFR 3
Public reporting burden for this collection of ird'orrnation is estimated to av
erage 5 hours
cr res
p
ponse
data soot o
ces, gffiherittn and maintaining the data needed, and completing and reviewing the collection
any other aspect of this collection of i
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orrrra[
on, including suggestions far reducing this burden, to D
Directorate of Information Operations and Reports
l2 t 5 J
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e
erson Davis Hi
B P gh~y, Suite 1204, Arlinl
udget, aperwark Reduction Project (0710.0003), Washington, DC 20503. Please DO NOT RETU
l;cations mast be submitted to the District hav' 'sdiction over the location of the
Authotity_ 33 USC 401, Section 10; 1413, Section 404, p~ci PRIVACY ACT S'TATEl11ENT
7lrese laws require peon;
United States, the discharge of dredged or fill material i
t
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ocean w-raters Routine Uses: Infonn.~tion provided on this form will be used in eval
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is vo[uniary. If information is not provided, however, the permit app(iption cannot be processed nor r
One set of original draKings or good nprnducible copies which slaw the location and characoer of th
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drawings and instructions) and be submitted to the District Engineer having jurisdiction over the locati~
in fitl[ will be returned.
TEEMS I THRU 4 TO BE FILLED BY THl
1. APPLICATION NO. 2
FiFr n OFFICE CODE
.
3. DATE RECE
(ITEMS BELOW TO BE FILLED BY APPI
5. APPLICANT'S NAME
8. AUTHORIZEI
Tom McKay
Clemerrt Riddle
6. APPLICANT'S ADDRESS

1 l7 Manly Sa~et 9. AGI:T(T'S AD:

Suit 200 718 Oakland Stre
Greenville, SC 29601 Flendetsonvilie,l~
7. APPLICANT'S PFIONE NOS. W/AREA CODE
I0. AGENT'S PH
a. Residence N/A

b. Business 82872-4669 a. Reside
b. Busiae
82889 p.2
~ 3 -1 C,~ 2,5 v ~}
r'L1T OMB APPROVAL NO.D710-003
Expires October 1996
including the time for reviewing instructions, searching existing
of information. Send comments regarding this burden estimate or
:partmentofDcfense, WashingtoaHeadquartersService
ton, VA 222023302; and to the Oliice of Marmgement and
tN your form to either ofthose addresses. Completed
is authoriti»g activities in, or affectirrga navigable waters of the
nation of dredged material for the purpose of dumping it into
ion for a perrnit_ Disclosure: Disclosure of requested information
m a permit be issued.
Proposed activity must be attached to this application {see sample
.n ofthe proposed activity. An appliption that is not completed
CORPS)
IVED 4.DA1T APPLICATION RECEIVED '
~ Alsh^rf'S NAME &
agem is not required)
)RESS --
t
C 28791
3NE NOS. W/AREA ~
ice N/.4
,s 828-698-9600
I I. STATEMEiYT OF AUTHORIZATION
I hereby authorise, Clcarurnter Emitnnmental Cortsuh~ts, Inc. to actin mY behalf as m
supplemental infomration in y~ rt of this y agent in the processing of this application and to furnish, upon request,
c~ permit application.
!S. ~ ~ ~ 3e as
APPLICANT'S SIGNATURE DATE
I2. PROJECT NAME OR TITLE ee coons)
Bright's Creek Gotf Club
~---
t3_ NAvfE OF WATERBODY, IF KNOWN (ifapplicable)
Harm Creek 14. PROJECT STREET ADDRESS (if applicable]
I5. LOCATION OF PROJECT I
Polk COUNTY NC D ~ l- (,,~ n ~/]
STATE j .-•' .~d (..,E 'Lr"/ D
16.OTHER LOCATION DESCRIPT70NS, IF KNOFVN, (set instructions) ( ~°
See Figures 1-2 VE c i U!NDS AND 5i0RlNIyA'ER ~DRr
17. DIRECfI01~(S TO THE SfTE
From Asheville take [rrterstate east towards South Carolina. Take exit 28 Saluda exit . At the bottom of the exit ram e a left and ~o under 1-2b. You are now on
Hol ova Road_ 5 os: Holbert C Road until ou to a "T' inE 'on. Take a Left onto state route 1138. Cro roxi eI 1. miles. Immediatel after
crossin brid a over the Gr River take a left onto Palmer Road. Ste on Palmer Road far several miles and it into Bri 's reek.

Jan 30 08 09:17a Bright's Creek Realty 8288948637 p.3
2 8. Nature of Activity (Description of project, include alf features)
SEE ATTACHED.
] 9. Project Purpose {Descnbe the reason or purpose of the project, see instructions)
~ SEE ATTACHED.
I
USE BLOCKS 20-Z2 iF DREDGED ANDlOR FII,L 11fA'CERIAi, IS TO BE DISCHARGED
20. Reason(s) for Discharge
SEE ATTACHED.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
This application ~ for an After-tho-Fact impact ofa 2I4 foot culvert
22 Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Approximately 0.01 acres of j~¢isdictioneI Waters of the U.Slwetlands ate proposed far impacts- This includes the following:
2I4 linear feet of important intermittent streams
23. [s Any Portion of the Work Already Completed? Yes No IF YES, DESCR[BE THE COMPLETED 1~L'ORK
Yes, the 2141ineaz foot CMP has already been installed.
24. Addresses of Adjoining Property Owners, Lessees, Etc._ Whose Property Adjoins the Waterbody (If more than coon be entered here, please attat~ted
a supplemental list}.
SEE ATTACHED.
25. List of Other Certifications or Approvals/Deniats Received from other Federa}, State or Local Agencies for Work Described in This Application.
AGEiYC1' TYPE APPROVAL• [DEPITIFICATION /# DATE APPLIED DATE APPROVED DATE DENIED
DWQ 401 03-1625 I..6-2004
USACE NWP 39 2604-30-267 2_27_2004
DWQ Modification 401 03-1625 5-26-2005
USACE Modification NWP 39 2004-30-269 6-13-2665
USACE NIWP 25,33 2007-1322-375 7_9 2007
USACE hWP 12 2007-338-8375 10-I9-2007
`Would include but is not restricaed to zonin buildin and flood [an its
26. Application is hereby made for a permit or permits to authorize the work described in Phis application. I certify that the ireformadon in this
application is complete and acauate. I fircther certify that I possess the authority to undertake the work described herein or am acting as the duly
authorized agent of the ap
~ 3a o8
SIGNATURE OF APPLICANT DA SIGNATURE OF AGENT DATE
The application must be signed by the n who desires to undertake the proposed activity (applicant) or it may be signed by a duly aaBrorized agent if
the statement in block l l has been fi[fpd~iut and signed.
18 U.S.C. Section 1001 provides that- Whoever, in any rrta<trrer within the jurisdiction of any departarrertt ar adenrv, nrLhC Urssted Staz~ 1--rowingty atd
willfully falsifies, conceals, or covers up any trick, schritte, or disguises a material fact or makes any false, fictitiatic or hatrdulerrt statements or entry, shall
be Fined not more than $10,000 or imprisoned not more than five years or both.

Bright's Creek
Adjacent Landowners
Mildred Petty Bright Mountain Creek
PO Box 128 434 Terracing Ct
Landrum, NC 29356 Naples, FL 29356
P28-3, P28-1, P28-2 P29-19
Long Ridge Farm, LLC Coleman Doggett
1867 Hebron Rd 217 Rose Common Lane
Hendersonville, NC 28739 Cary, NC 27511
P30-1 P30-2
Hungry River, LLC Bobcat Enterprises
6550 Rock Spring Dr. PO Box 69
Bethesda, MD 20817 Mill Spring, NC 28756
P18-1 P40-24
Shirley Hipps William Bradley
865 Ragan Jackson Rd 1822 Old US Hwy 25
Mill Spring, NC 28756 Zirconia, NC 28790
P41-2 P41-3
Martha Love
1835 Palmer Rd
Mill Spring, NC 28756
P29-2
NC Wildlife Commission
P19-6
James Hipps
27611 Southern Crossing Dr.
Splenda, TX 77372
P41-5

18, 19 & 20 Nature of Activity, Description, Project Purpose
The 4,400-acre project site located near the Town of Columbus, Polk County, North
Carolina (Figures 1 and 2). Approximately 981 acres of Bright's Creek have been
developed into golf course and single-family residential areas. The remaining portions of
the property are forested. The surrounding area is a mix of forested, residential, and
agricultural land uses.
Bright's Creek received a 404 permit and 401 certification (attached, Appendix A) on
February 27, 2004 and January 6, 2004, respectively, authorizing impacts to 290 linear
feet of stream for the construction of a golf course. The 404 permit and 401 certification
were modified and again authorized on June 13, 2005 and May 26, 2005. That
application was intended to include impacts for the 981 acre Phase I.
This After-the-fact (ATF) application fora 214 linear foot culvert includes placing
approximately 71 cubic yards of CMP and clean fill in an unnamed tributary to Harm
Creek (see attached impact plan). The purpose of the culvert is to provide road (Deep
Gap Road West) access to portions of the Bright's Creek residential community (Figure 4
and 5).
The original land development plan was prepared by LandDesign, Inc. for all of Phase 1
at Bright's Creek. This plan had an alignment for Deep Gap West Road that differs from
the final as-built alignment. The revision to this alignment was made for the following
reason. The original road layout showed Deep Gap West Road built directly on top of
the existing PSNC natural gas right of way for a distance of approximately 400 linear
feet. Bright's Creek and William G. Lapsley (WGL) Consulting Engineers discussed this
plan directly with PSNC, but it was learned that, PSNC does not allow construction of
roads and heavy traffic on top of their high pressure gas main due to their internal
company policy. However, PSNC has allowed Bright's Creek roads to cross the existing
high pressure gas line right-of--way at perpendicular angles. These road crossings are
considered minimal disturbance by PSNC.
WGL did evaluate an alternative to cross the gas line and construct Deep Gap West Road
on the north side of the gas line. Based on the topographic information available, the
average cross slope is 55 percent or greater (or greater than 2:1) and there is a stream at
the bottom of this slope. Construction on this type of cross slope is practically impossible
and was not considered to be a feasible alternative. The steep slopes on the south side of
the right-of--way exceed 70 percent and were also considered to be impractical.
The installed unauthorized culvert is oversized but slightly perched. It was not imbedded
into the stream due to the presence of bedrock. However, the applicant has agreed to
construct a step pool structure at the outlet to connect the natural stream bed to the end of
the culvert.

Avoidance and Minimization
The applicant avoided approximately 69,130 linear feet of stream during construction of
Phase I. The applicant minimized impacts to streams by constructing 36 bridges on-site.
Conceptual Mitigation Plan
To offset impacts from the 214 linear feet of culvert, the applicant proposes restoration
activities on 428 linear feet of Bright's Creek (Figure 6). The mitigation site, Bright's
Creek, is located adjacent to Bright's Creek Golf Club property. This stream originates
on the applicant's property and flows eastward into the Green River. The site is located in
the Broad River watershed hydrologic unit 03050105. The stream flows through a
private residence and the riparian area is in pasture for horses. The stream is highly
degraded due to past activities including grazing for horses, removal of riparian zone, and
severe flooding from hurricanes in 2004.
The primary goal of the restoration effort will be to restore channel dimensions, pattern,
and profile yielding 428 stream mitigation credits. Currently, the stream exhibits impacts
from horses, including actively eroding banks (photo 1), and over wide sections incapable
of transporting sediment load (photo 2). Vertical eroding banks within this section of the
reach will be graded to a stable slope that will support deep rooted woody vegetation. In-
stream boulder and log structures will be installed to provide grade control and to redirect
the current away from eroding banks. Bank grading will include channel dimension
adjustments to address sediment transport. In-stream structures, bioengineering, and
vegetation will be used to protect newly constructed channels.
A 30-foot wide riparian buffer of herbaceous and woody vegetation, native to the area,
will be installed on each side of the stream to provide wildlife habitat and stability to the
restored stream. Large woody debris beneficial to channel stability and habitat will be
incorporated into the restoration plan, using trees removed for construction access and
bank grading. Horses will be fenced out of the stream and riparian areas and the stream
and buffer will be protected by restrictive covenants.
Cumulative Downstream Impacts
Minimal cumulative impacts are anticipated since the infrastructure for this residential
community is supported on-site, and does not extend beyond project boundaries. The on-
site roads are private and the wastewater treatment plant is on-site and utilizes a tertiary
process and land application to treat wastewater generated from Bright's Creek
development. PSNC utilized their existing right-of--way on Bright's Creek property to
connect their gas lines to Bright's Creek.

Bright's Creek has conducted mitigation activities as required under earlier permits.
Copies of as-built and status of mitigation efforts were submitted to the USACE and
DWQ on December 31, 2007. Bright's Creek recorded restrictive covenants on
December 13, 2005 that prohibit the discharge of stormwater within 25 feet of surface
waters.

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CLEARWATER
Bright's Creek Environmental Consultants. Inc.
Polk County X18 oaklana street Vicinity Map
Figure 1
North Carolina Hendersonville.28791
828-698-9800

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CLEARWATER
Bright's Creek Environmental Consultants, Inc.
Polk County 718 Oakland Street USGS Topographic Site Map
Hendersonville, NC 28791 Figure 2
North Carolina 828-698-9800

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BRIGHT'S CREEK
Total project area 4,284 acres
Phase 1 981 acres
After-the-fact 214 LF
Previously authorized impacts 290 LF (USAGE Action Id. 200430267)
Streams avoided 69,130 LF
Bridges 36
BRIGHT~S CREEK
PHASE 1
After-the-fact
CULVERT 214 LF
BRIDGE #2
(See Sheet 2)
EXISTING GOLF COURSE
" ~ BRIDGE #6 GAS LINE
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BRIDGE #3
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WILLIAM G. LAPSLEY & ASSOCIATES, P.A.
CONSULTING ENGINEERS & LAND PLANNERS
Two Town Square Blvd.
Suite 320
~r" Asheville, NC 28803
~' ~• [phone] Fax [phone]
- www.wgla.com
After-the-fact
Culvert 214 LF
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BRIGHT'S CREEK
MILL SPRING
POLK COUNTY
NORTH CAROLINA
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i 718 OAKLAND ST I INCH = 200 FEET LOVE PROPERTY SHEET NO.
~lear~ater HENDERSDNVILLE NC 28791
PHONE: [phone] DRAWN BV: tsa PRELIMINARY STREAM MITIGATION PLAN 6
Environmental Consultants, Inc. FAX: [phone] DGT E: 02.04.08
CEC PROJECT ND.: 524 BRIGHT~S CREEK GOLF CLUB POLK COUNTY, NC

APPENDIX A

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
**PERMIT MODIFICATION**
Action ID. 200430267 County: Polk USGS Quad: Cliffield Mtn
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Brights Creek Golf Club, Attn: Barton Tuck
Address: 117 Manly Street, Suite Z00
Greenville, SC 29601
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): Brights Creek Golf Club
located on a~~rox. 4,400 acres at the end of Palmer Road in Polk County; Phase I Protect Area
(981 acres).
Description of projects area and activity: This permit authorizes impacts to 290 LF of unnamed
tributaries to Brights Creek for the purpose of accommodating the construction of a golf course
and low density residential community and amenities. Stream impacts will include relocating
approx. 180 LF of perennial tributary into a newly constructed channel (Fairway #18) and
installing culvert into approx. 110 LF of an intermittent tributary (Fairway #1). The requested
permit modification would change the stream channel relocation plan. Riparian restoration would
be limited to grasses and low growing shrubs and the channel pattern and profile would be
modified to include step pools. Some existing culverts in Brights, Harm, and Rash Creek
watersheds will be removed and the stream reaches and riparian areas restored to off-set impacts
associated with the channel relocation and the 110 LF of culvert installation. ALL WORK MUST
BE DONE IN STRICT ACCORDANCE WITH THE SUBMITTED MODIFICATION PLANS
AND WITH THE STREAM MITIGATION PLAN DATED MARCH 8, 2005.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
Nationwide conditions included with the original authorization dated 2/27/04, the attached May 6, 2005 North
Carolina Wildlife Resources Commission conditions, and your submitted plans. Any violation of the attached
conditions or deviation from your submitted plans may subject the pernuttee to a stop work order, a restoration order
and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide pemut's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above} may also requu-e an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.

For activities occun-ing within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Steve Chapin at 828-271-7980 x232.
Corps Regulatory Official Steve Chapin Date: June 13, 2005
Expiration Date of Verification: March 18, 2007
Determination of Jurisdiction:
^ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process (Reference 33 CFR Part 331).
^ There are Navigable Waters of the United States within the above described project, area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination maybe relied upon for a period not
to exceed five years from the date of this notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination maybe relied upon for a period not to exceed five years
from the date of this notification.
^ The jurisdictional areas within the above described project area have been ident~ed under a previous action.
Please reference jurisdictional determination issued _. Action ID
Basis of Jm~isdictional Determination: Brights Creek>Lake Adder>Green R.>Broad R.
Corps Regulatory Official: -Steve Chapin
Date June 13, 2005
Copy Furnished:
Clearwater Environmental Consultants, Inc.

OF,Fq
_~ Q~
Michael F. Easley, Governor
~ ~ William G. Ross lr., Secretary
~ North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Mr. Barton Tuck
Bright's Creek Golf Club
117 Manly St., Suite 200
Greenville, SC, 29601
May 26, 2005
DWQ# 03-1625 Modification
Polk County
SUBJECT: Bright's Creek Residential Golf Course Development
a4PPR0l~AL of 401 ~~!/ate~~Quality'Certificat~on wpth Additional Conditions
Dear Mr. Tuck:
You have our approval, in accordance with the attached conditions, to fill 110 li
of intermittent streams and to relocate 180 linear feet of perennial streams innordereto
construct the Bright's Creek (wifh modified riparian vegetation plan and pattern /profile)
residential golf course development in Polk County, as described In your application
received by the Division of Vl/ater Quality- on Aprii 4, 2005. After reviewing your
application, we have determined that this.. fiH is covered by General Water Quality
Certification Number 3402 (GC 3402) which. can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide
Permlt Number 39 when it is issued by the U.S. Army Corps of Engineers. 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 Erasion Control,
Water Supply Watershed .regulations.... Also this a royal willNex-iDre cwhen the
accompanying 404 permit .expires unless otherwisep specified i p .the General
Certification.
This approval is only valid for the purpose. and design that you described in your
application. If you change your project, you must notify us in wrifing and you may be
required to 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 a
responsible for complying with all conditions. If total wetlandpf Its fo.r th srproject (now or
in the future) exceed one acre, compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions
listed in the attached certification, as well as the additional condition listed below:
401 Wetlands Certification Unit
165D Mail Service Center, Raleigh, North Carolina 27699-1650 1`1o thCarolina
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 I ~atllrll~/f
Phone: [phone]/ FAX [phone] /Internet: http://h2o enr state nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Mr. Barton Tuck
May 26, 2005
1. 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 on
the property. 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}. A sample deed
notification format can :be .downloaded from. the 401/Wetlands Unit web site at
http://h2o.enr.state nc us/ncwetlands ;
2. Erosion and sediment .control practices must be in full compliance with all
specifications governing the proper
design, installation and operation and maintenance of such Best Management
Practices in order to protect
surface waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation.. measures and. implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-construction Notice
Application. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices, shall
be performed so thatno violations of state water.quality standards, statut~:s, or rules
occur.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to
the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the natural
grade restored within six months of the date that the Division of Land Resources has
released the project;
5. Restrictive covenants prohibiting any direct discharge of collected storrnwater (such as
stormwater .collected from roof gutters} to surface ~Naters of the State shall be placed
on all residential properties within the Bright's Creek development;

_ Mr. Barton Tuck
May 26, 2005
.~ 6• All stormwater from tees .greens.. and fairways shall be directed to
stormwater management facilities as described in the a lic ~ -the permanent
pp atron. The stormwater
- management facilities and in-stream plunge pools proposed in the a
pplication shall be
. designed. to protect water quality by controlling dissolved pollutants, tem
perature and
discharge. The stormviater- management ~ plane- shall include an o e '
maintenance agreement that must be-implemented. Also,' befo P ration. and
opened for use, the facilities.. as a re the golf course is
operational, and the stormwater managemenbt plan ~siaion) shall. be constructed and
be implemented. The structural stormwater practi es appaoveod by the Division) shall
well as drainage patterns must be maintained in perpetpuipty. No b hams ~ffice as
g to the
structural stormwater practices shall be made without written authorization fro
Division of Water Quality; m the
7. An additional condition is #hat a final, written s ormwater management lan :'.
p (including
a signed and notarized Operation .and Maintenance Agreement to tre
the clubhouse and golf maintenance facilities shall be a ) at runoff from
Office before the impacts specified in this Certificationpococur~ Also,rl befoby this
permanent building is occupied at the subject site, the facilities as a e any
Office) shall be constructed and operational, and the stormwater manaroeme by this
(as approved by this Office) shall be implemented. The structural stormwater t plan
as approved by this Office as well as draina a practices
perpetuity. No changes to the structural stormwaterppractices shallbbe maldeaw td in
written authorization from the Divison'of 1Nater'Quality; hout
8.Culverts required _for this project shall be installed` m'ysuch
stream profiles. are not altered. Existing stream dimensions ` ncludir'that original
section dimension, pattern, and longitudinal profile) are to be maintained the cross
below the locations of each culvert. Culverts shall be designed and installed to alto d
for aquatic life movement as well as to prevent head cutting of the streams. If an w
the existing pipes. are or become perched, the a Y of
established. If the pipes are installed in a peched'amannera, theadieeS all be re-
removed and re-installed correctly. p p shall be
.The cu.uert(s) shall not,.be installed- in such a manner_that-will-cause aggradation or--
erosion of the stream up-or down-stream of the culvert(s). Existin
dimensions (including the cross section dimension 9 stream
are to be maintained above and below locations of each tculvertd longitudinal profile)
Native, woody vegetation and other soft stream bank stabilization techniques mus
be used where practicable instead of rip rap or other bank hardening methods. If ri t
rap is necessary, it shall not be placed in the stream bed, unless specificalp
approved by the Division of Water Quality. Y
Installation of culverts in wetlands must ensure continuity of waterm
designed to adequately accommodate high water or flood conditions;ovement and be

Mr. Barton Tuck
May 26, 2005
9. You are required to return the attached Certification of Completion form to notify DWQ
when all work included in the 401 Certification has been completed.
If you do not accept any of the conditions of this certification, 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 conforms to Chapter 1508 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.
This letter completes the review of the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please telephone Kevin Barnett in our
Asheville Regional Office at 828-251-6208 or Cyndi Karoly in the Central Office in Raleigh
919-733-9721.
Sincerely,
~ ~------
Alan W. Klimek, P.E., Director
Division of Water Quality
AWK/khb
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy
Clement Riddle, 300 North Main St., Suite 202, Hendersonville, NC, 28792
Fife: 03-1625.ModificationApproval

G WATF
Q ~ ~ Michael F. Eas]ey, Governor
~
Q William G. Ross Jr., Secretary
O
G North Carolina Department of Environment and Natural Resources
~ r Alan W. Klimek, P.E., Director
~ _~ Division of Water Quality
-~ Coleen H. Sullins, Deputy Director
Division of Water Quality
January 6, 2004
DWQ# 03-1625
Polk County
Mr. Barton Tuck
Bright's Creek Golf Club
117 Manly St., Suite 200
Greenville, SC, 29601
SUBJECT: Bright's Creek Residential Golf Course Development
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Tuck:
You have our approval, in accordance with the attached conditions, to fill 110 linear feet of intermittent streams and to
relocate 180 linear feet of perennial streams in order to construct the Bright's Creek residential golf course development in
Polk County, as described in your application received by the Division of Water Quality on December 29, 2003. After
reviewing your application, we have determined that this fill is covered byGeneral Water Quality Certification Number 3402
(GC 3402) which can be viewed on our web site at http://h2o.enr.state:nc.us/ncwetlands. This Certification allows you to
use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. 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, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the
accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us in writing and you may be required to 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). For this approval to be valid,. you must follow the
conditions listed in the attached certification, as well as the additional condition listed below:
1. 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 on the property. 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). A sample deed notification format can be
downloaded from the 401/VVetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands ;
2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper.
design, installation and operation and maintenance of such Best Management Practices in order to protect
surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be
such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow
.sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the
project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sun`ace Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
~,
--
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
mtm -~oa ~-ioc i_~-_-~ nin moo cons is-.,~ i~......in.~,. o.... ~....e ..,. .,~i..,..,,o.i...,.a,.~

Mr. Barton Tuck
January 6, 2004
Page 2 of 3
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the
impacts depicted in the Pre-construction 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.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If
placement of sediment and erosion control devices in wetlands and waters is unavoidable, they sha{! be removed and
the natural grade restored within six months of the date that the Division of Land Resources has released the project;
5. Restrictive covenants prohibiting any direct discharge of collected stormwater (such as stormwater collected from roof
gutters) to surface Waters of the State shall be placed on all residential properties within the Bright's Creek
development;
6. All stormwater from tees greens and fairways shall be directed to the permanent stormwater management facilities as
described in the application. The stormwater management facilities and in-stream plunge pools proposed in the
application shall be designed to protect water quality by controlling dissolved pollutants, temperature and discharge.
The stormwater management plan shall include an operation and maintenance agreement that must be implemented.
Also, before the golf course is opened for use, the facilities (as approved by the Division) shall be constructed and
operational, and the stormwater management plan (as approved by the Division) shall be implemented. 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;
7. An additional condition is that a final, written stormwater management plan (including a signed and notarized Operation
and Maintenance Agreement} to treat runoff from the clubhouse and golf maintenance facilities shall be approved in
writing by this Office be#ore the impacts specified in this Certification occur. Also, before any permanent building is
occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the
stormwater management plan (as approved by this Office) shall be implemented. 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;
8. Culverts required for this project shall be installed in such a manner that original stream profiles are not altered. Existing
stream dimensions (including the cross section dimension, pattern, and longitudinal profile) are to be maintained above
and below the locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as
well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established. If the pipes are installed in a perched manner, the pipes shall be removed and re-
installed correctly.
The culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up-or down-
stream of the culvert(s). Existing stream dimensions (including the cross section dimension, pattern and longitudinal
profile) are to be maintained above and below locations of each culvert.
Native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable
instead of rip-rap or other bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream bed,
unless specifically approved by the Division of Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately
accommodate high water or flood conditions;
Q. You are required to return the attached Certification of Completion form to notify DWO when all work included in the
401 Certification has been completed.

Mr. Barton Tuck
January 6, 2004
Page 3 of 3
~If you do not accept any of the conditions of this certification, 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 conforms to
Chapter 1.506 of the IVorth.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.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Kevin Barnett in our Asheville Regional Office at 828-251-6208 or Cyndi Karoly in the
Central Office in Raleigh 919-733-9721.
Sincerely,
!~ , ~ ~
~x
C~/~
Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy
Clement Riddle, 300 North Main St., Suite 202, Hendersonville, NC, 28792
031625

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 7.~~43~2Fi7 County Polk Quad (".T,TFFTFT.T) M(~TTNTATN
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Bright's Creek Golf Club, Attn: Mr. Barton Tuck
Address: 117 Manly Street, Suite200, Greenville, SC 29601
Telephone No: [phone]
Zone: 44 UTM or LAT/LONG: North: 3911977 East: 615181
Size and Locafion of project (water body, road name/number, totivn, etc.): Bright's Creek Golf Club located on
approx. 4,400 acres at the end of Palmer Road in Polk County, North Carolina; Phase 1 Project Area =approx.
981 acres
Description of Activity: Impact 290 LF of unnamed tributaries to Brights Creek for the purpose of
accomodating the construction of a golf course and low density residential community and amenities. Stream
impacts will involve relocating approx. 180 LF of a perennial tributary into a newly constructed channel
(Fairway #18) and installing culvert into approx. 110 LF of an intermittent tributary (Fairway #1). The
stream relocation will be designed using natural stream channel methods. Prior to performing the relocation
work, a stream channel design plan will be submitted to this offcce for review and approval. The relocated
stream will have a 25 to 35 foot wide undisturbed vegetated buffer on both sides of the stream. Four existing
culverts will be removed from tributaries on the property and approx. 120 LF of stream channel restored.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344)
(check all that apply) Section 10 (River and Harbors Act of 1899}
Authorization: NW39 Nationwide Permit Number
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in
strict accordance with the attached conditions, those conditions outlined in the enclosed January 31, 2004 NCWRC
letter, and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked),
before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Water
Quality, telephone [phone]. For any activity within the twenty coastal counties, before beginning work you must
contact the N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of
the RGP or the NWP referenced above may subject the pernuttee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the pernuttee of the responsibility to obtain any
other required Federal, State, or local approvals/permits. The peimittee may need to contact appropriate State and local .
agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official. specified below.

Date: February 27,.2004
Corps Regulatory Official: Stephen D. Chapin Telephone No.: [phone] x 224
Expiration Date of Verification: Fehruary 27, 2006
cc: Clearwater Environmental Consultants, Inc.
CESAW Form 591
Revised July 1995