19910098 All Versions_Complete File_19930225

CHARLIE. HOLLIS
REGULATORY CONSULTANT
138 Green Forest Drive
Wilmington, NC 28409
919/392-6833 or 799-0318
February 25, 1993
Project: Kings Grant Golf & Country Club
Corps I.D. No. 199100098
Mr. Jeff Richter, Area Coordinator
Regulatory Branch
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington NC 28402-1890
Dear Mr. Richter:

Please reference the following:
1. General Conditions 23 and 24 of Corps Permit dated September
30, 1992
2. My letter dated October 26, 1992
3. Your onsite tour of mitigation areas on November 20, 1992 with
Ferrell & Averette (NCD£M) and Hollis & Rose (Kings Grant)
4. Blue-line aerial photograph of project showing numbered and
lettered fill areas included in the permit, fill areas to be
restored, and areas for wetland enhancement and creation (this
blue-line photo originated with the April 1991. wetland report
by McGuire Associates)
5. Enclosed map "Mitigation and Restoration Plan" dated February
25, 1993 showing all restoration areas and mitigation areas
1. Mitigation Plan. During our onsi.te meeting and project tour on
November 20, 1992, we agreed that, in addition to the mitigation
features included in the King's Grant permit application, several other
areas would be considered also as part of the mitigation plan. The
enclosed October 1991 map (reference 5, above) shows all of the
mitigation areas we have discussed and which are agreed to be
accomplished. On this map, these areas are identified by the golf
fairway number in the vicinity of which they are located. The areas are
listed and described below along with their previous identification
number from the McGuire map.
Fairway No. McGuire No. Description
2 Area 2 Expand previous wetland creation; on
lower side, expand existing wetland
into adjacent high ground (.34 ac)
1 Area 5 Construct small dam to create pond
and larger wetland area(.51. ac)
16 Area 6a Construct dam(s) in existing
drainway to create pond(s) and
wetland edge (.38 ac)
M
Page 2
(Mitigation Plan continued)
Fairway No. McGuire No. Description
17 Area 6b Construct dam in vicinity of site of
historic millpond dam to
re-establish shallow water wetland
habitat within relic cypress stand
(1.72 ac) GhhayeeW*r-h
15 Area 7 Excavate highground to wetland
elevation adjacent to existing small
stream (.2 ac)
10 Area 11 Discontinue mowing and remove grass
turf from existing wetland slough
through fairway, allow wetland
vegetation to establish (.23 ac)
10 Area 14 Establish wetland edge around
existing pond (.1 ac)
13 Area 15 Enhance establishment of wetlands
along artificial drain, acknowledge
previous wetland creation (.17 ac)
As stated earlier, the preceeding list of mitigation activities and
itted to
areas is in addition to the mitigation areas and activities comm
in our permit application. Those are as follows:
Fairway No. McGuire No. Description
(hots 82, 83, 84) Area B Excavation of high ground to wetland
elevation (.34 ac)
16 Area 6 Grade down so as to expand wetland
area; also add small dam downstream
to assist in wetness retention (see
Area 6a [above[) (.11 ac)
10 Area 11 Clean-up of pond shoreline (this
area was discussed during the
11/20/92 meeting and considered to
be of low priority pending the
success of other mitigation work
elsewhere on the project)
15 Area 16 Redirect flow of small stream into
constructed terraced wetland flats
(.74 ac)
Page 3
These lists comprise a Mitigation Plan that represents a highly
significant commitment on the part of the King's Grant owners to bring
this project into full compliance with Federal and state wetland
regulations. These areas make up a total of 4.81 acres of created
wetlands of which about 2 acres will be shallow-water vegetated ponds
behind small low-head dams strategically placed in existing small
streams and drainways as discussed during our onsite meetings. This
plan is significantly in excess of the requirements of the September 30,
1992 permit which was that 3.5 acres of mitigation be performed (5.59
acres filled + .91 acres flooded = 6.5 acres permitted - 3.0 acres
without mitigation = 3.5 acres of mitigation).
2. Restoration Plan. The permit requires restoration of the
following areas:
New Map McGuir
Lots 96 97, 98 Area
Lots 82, 83, 84 Area
Lot 1.7 Area
Lots 8, 9 Area
a No.
A
B
17
18
Description
Removal of fill from several areas
Removal of fill
Pull back fill and eroded soil from
wetlands and stabilize slope
Restoration: remove shallow fill
from lower edge of existing lots
3. Status of Work. The restoration work has begun in Area A and
Area B, but has proceeded slower than we hoped because of the
exceedingly wet weather for the past several weeks. Mitigation work on
Fairway No. 2 has been completed. Restablishing the wetland slough
across Fairway No. 10 has essentially been completed. Most of the
surveying of elevations to establish wetland grades in the other
mitigation areas has been completed. Check dams have been constructed
in the drainway along the west side of Fairway no. 15. All of the work
is intended to be complete in early spring so that we can encourage
emergent vegetation to establish itself this year in the mitigation
areas.
4. Permit for New Road Crossing.
a. The question of a needed permit for a new culverted road crossing
at the north end of Fairway 15 (McGuire Area 7) has occupied much of our
collective time in the past several weeks (see my letter to Mr. Sol
Rose; copy to Richter dated December 21, 1992, and my letter to Richter
and McLendon dated December 31, 1992). We have all agreed that Mr. Rose
may proceed with construction of the crossing utilizing a pre-cast span
involving no discharge of fill material with no Federal permit
requirement. Otherwise, the Corps position is that the Cease and Desist
order dated November 20, 1.990 disallows additional Section 404
discharges pending substantial compliance with the conditions of the
September 30, 1992 permit. During all of our discussions and site
inspections regarding the proposed road crossing, no objections to the

Page 4
(4.a. Permit for New Road Crossing [continued])
use of Nationwide Permit 14 for a culverted crossing have surfaced from
any level; leading Mr. Rose and I to conclude that a culverted crossing
would be permitted when the Corps is satisfied with the progress of the
restoration and mitigation elsewhere in King's Grant. Mr. Rose has
decided to pursue this course of action and to seek the Corps' NWP 14
approval.
b. As we discussed onsite, the construction of the new road crossing
will be accomplished along with the removal of the existing soil road
crossing and culvert and the creation of additional wetlands by the
excavation of surrounding high ground to the elevation of the small
stream and adjacent existing wetlands. This additional wetland creation
will be a significant contribution to the overall wetland inventory and
is located so as to provide good filtration of the stream before it
enters Rankin Pond. The additional wetland area will be about 5000 sq.
ft. (.1 ac).
c. We wish to use one contract to perform all of the work described in
paragraph b. (above) including the following:
i.. Construction of new culverted road crossing,
ii. Removal of existing culverted crossing, and
iii. Grading and construction of approx. 5000 sq. ft. (.1 ac.) of
wetlands.
Prior to entering into this contract, we expect to accomplish
essentially all of the mitigation/restoration work elsewhere on King's
Grant except for the construction of the shallow ponds at Fairway 16 and
17. Engineering work has proceeded on the dams for these ponds to the
point where it is planned that prefabricated aluminum check dams will be
used. These structures will be installed as soon as they arrive which
will likely be later in the spring.
d. We wish to request at this time the Corps permission to proceed
with the contract for items i. thru iii. listed above prior to the
installation of the dams at Fairways 16 and 17 with the condition that
all other restoration/mitigation work will be substantially completed
before any work is commenced under the contract. Proceeding in this
fashion will allow King's Grant to provide street access to the tract of
land inspected for wetlands by Mr. Scott McLendon on January 13, 1993,
conclude the sale of that property, and realize the cash flow necessary
to accomplish the overall mitigation/restoration work and other
activities at the development.
k. , .
Page 5
Thank you for your patience with this project and for your
cooperation in visiting the site on many occasions and providing advice
as to the Corps' requirements. We believe the mitigation steps outlined
above are a good-faith response to the conditions of the Corps permit
and we urge your early approval of our conditional NWP 14 request
outlined in the preceding paragraph.
Please contact me if you have any questions.
S' erely,
Charlie Hollis
Encl: Mitigation and Restoration Plan
Cy w/encl: Ken Averette, NCDEM
Cy w/o encl: Sol Rose
Ernie Jahnke
Scott McLendon
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
MEMORANDUM
TO: Ken Averette
THROUGH: John Dorne
l
FROM: Ron Ferrell
DATE: March 19, 1993
SUBJECT: King's Grant Subdivision Mitigation Plan
/ */I t - P?
PIP rf / # -1
I have reviewed the mitigation plans submitted for the wetland impacts associated with
the King's Grant Subdivision. Although the mitigation plan is not what I would call ideal it
is close enough to what has been discussed over the last several months that I feel we should
accept this plan. The proposed plan will restore, create and/or enhance 4.81 acres of
wetlands which should have a positive impact on the water quality in the area. Comments
on the specific questions you asked in your March 4, 1993 memo are listed below:
1. Culverted road crossing near the 15th tee. The issue I recall was whether a NWP 14
could be used in this location prior to all the other permit issues being taken care of. Rose
was informed by the Coe that no additional permits could be issued therefore his only option
was to bridge. If the COE is willing to allow the use of a NWP 14 at this location, I
personally have no objection. If you do please let me know.
2. Lots 77-79. My notes indicate that lots 77 and 78 are definitely wet. The 401 will be
conditioned to prevent.deve.lopment on these lots unless certified as not wetlands by the COE.
3. Lots 96-100. The 401 will contain conditions restricting construction activities on
these lots to the upland portions.
4. Cypress millpond. I think it is appropriate to consider this as "enhancement" of an
existing wetland therefore acceptable as mitigation. Although enhancement is generally not
the preferred type of mitigation it is an acceptable method according to COE/EPA guidelines.
Your review of this plan is appreciated. If you don't agree with the decisions we have
made please let me know. The 401 has not and will not be isuued until we hear from you.
cc: file
ref-7/kingrnt.mit
F" F fvqpy
Mr. Charlie Hollis
138 Green Forest Drive
Wilmington, N,.C. 28409
Dear Mr. Hollis:
October 27, 1992
Subject: 401 Water Quality
Golf Course,
Cumberland County
DEM # 92327, COE
Certification for King's Grant
after-the-fact Nationwide 26
# 199100098
This letter is a follow up to our telephone conversation
yesterday. Ron Ferrell and I have reviewed the information you sent
concerning this project as well as the field work I did last month.
Yesterday you confirmed that in order to satisfy the Corps of
Engineers, Mr. Rose will need to conduct an additional 2.0 acres of
wetland mitigation beyond the a) 1.33 acres of restoration of wetlands
filled by Mr. Rose, b) 0.58 acres of creation of wetlands and c) 0.44
acres of restoration of wetlands which were filled by parties other
than Mr. Rose. From our calculations of fill of significant wetlands
and present onsite amelioration, Ron and I agree that this additional
2.0 acres of mitigation should be sufficient to allow issuance of a
401 Water Quality Certification if mitigation designs are adequate.
We will need to be involved in approval of the additional
mitigation sites and preparation of mitigation plans (monitoring,
success criteria, etc.). Please contact Ron or myself at 919-733-1786
when you are ready to develop these details. If I can be of further
help, please call me.
Sincerely,
kingfnt.ltr
John R. Dorney
cc: Steve Tedder
Fayetteville DEM Regional Office
Central Files
Wilmington District Corps of Engineers
Wilmington Field Office Corps of Engineers
bc: Secty. Cobey
?vd,. STA7r °
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street v Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
King's Grant Gold and
c/o Mr. Charlie Hollis
138 Green Forest Drive
Wilmington,,N.C. 28409
April 21, 1993
Country "Lub
A. Preston Howard, Jr., P.E.
Director
Dear Mr. Hollis:
Subject: Proposed fill in wetlands or Waters
Retention of after-the-fact fill for golf course
development
Cumberland County
DEM Project #92327, COE # 199200098
Upon review of your request for 401 Water Quality
Certification to place fill material in 3.0.acres of wetlands or
waters which are tributary to Lower Carver's Creek for golf
course development located at King's Grant Golf and Country Club
in Cumberland County as described in your.submittal dated -17
June 1992, we have determined that the proposed fill can be
covered by General Water Quality Certification No. 2671 issued
January 21, 1992. A copy of the General Certification is
attached. This Certification may be used in qualifying for
coverage under Corps of Engineers' Nationwide Permit No. 26.
Additional conditions are that 1) mitigation shall be required as
specified by the U.S. Army Corps•o_ Engineers, and 2) two copies
o all mitigation reports shall?be submitted-to-DEM when they are
prepared for the Corps of.-Engineers.
If you have any questions, please contact John Dorney at
919-733-1786.
Sincerely,
f ?
VU .L
reston oward, r. P.E.
92327.1tr ?U9
Attachment
cc: Wilmington District Corps of Engineers'
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr.:- John. D o rn ey Regional Offices
Asheville Cent )r2ay1tteR id e s Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID. 199100098
April 22, 1993
Kings Grant Golf and Country Club
ATTN: Mr. Charles Hollis
138 Green Forest Drive
,Wilmington North Carolina 28409
Dear Mr. Hollis:
r
Reference the proposed mitigation and restoration plan, dated February 25,
1993, received in this office March 1, 1993, for the Kings Grant Golf and
Country Club development located on tributaries of Lower Carver's Creek, off
of US 401 in Fayetteville, Cumberland County, North Carolina.
On January 15, 1992, you met onsite with Mr. Jeff Richter of my staff in a
continuing effort to identify locations of unauthorized activities in wetlands
regulated by the provisions of Section 404 of the Clean Water Act. Nationwide
Permit No. 26 authorization to discharge fill material in three acres of
wetlands was conditionally approved by letter of September 30, 1992. General
conditions 23 and 24 of the permit stated that, within the entire development,
all wetland fill material exceeding 3 acres would either be removed or
mitigated for by creating wetlands within the property boundaries. It was
determined that filling activities impacted a total of 6.5 acres of wetlands.
On November 20, 1992, you met onsite with Mr. Richter and representatives
of the North Carolina Division of Environmental Management (NCDEM) to identify
restoration sites and potential mitigation sites. Specific acreage of
mitigation were not calculated at this time due to the uncertainty as to which
sites would actually be used for this purpose. However, enough sites were
reviewed to insure that adequate mitigation acreage would be attained to "buy
down" impacts of the existing 6.5 impacted acres to the permitted three acres.
Mr. Richter conducted an onsite inspection on March 15, 1993, to review
the proposed plan. To complete the record and to avoid future confusion in
this complicated matter, we request that you compile a map of the property
that identifies the location and dimensions (acreages) of the permit,
mitigation, and restoration sites. This request was discussed telephonically
on April 15, 1993, between Mr. Sol Rose and Mr. Ernest Jahnke of my staff in
confirmation of your meeting with Mr. Jahnke in our offices on April 14, 1993.
Specific comments on your proposed mitigation plan are as follows:

-2-
1) Several of the proposed actions entail the creation of wetlands by
either damming an existing wetland flow, enhancing existing wetlands, or
excavating high ground. For each mitigation site, a list of wetland
vegetation to be planted should be submitted for our approval. For this
purpose, we understand that Mr. Ron Ferrell of NCDEM has sent Mr. Sol Rose a
listing of acceptable species.
Each site's specific mitigation work must be approved by this office. A
documented survival rate of 80 per cent of the planted species in conjunction
With permanently sustainable wetland hydrology will be considered acceptable
mitigation for the proposed acreages. Final approval will be given upon
written submission of this information.
2) We are concerned that the creation of ponds within fairways 1, 15, and
16 of the golf course will result primarily in water hazards.' The
establishment of valid, functional wetlands must be the overiding priority in
the total mitigation proposal. With this in mind, the creation of vegetated
wetlands is preferred to the creation of open water.
3) The removal of a spoil pile along the ditched slough which runs along
fairway 10 and lots 96, 97, and 98 was discussed during your November 20,
1992, meeting. Although the removal of other fills from these lots is
addressed in the restoration plan, the status of the ditch spoil is not.
Please advise if it will be removed as restoration, or, alternatively, will be
left in place as part of the three acre permit approval.
4) The removal of turf from a previously filled slough at fairway 10 will
be considered restoration, not mitigation. With regard to the proposed
establishment of a wetland edge around the lake by grading the shoreline to
create suitable wetland habitat at fairway 10, will the pond's shoreline be
restored, or will the fill material at this site be included in the three
acres of permitted fill?
5) We acknowledge that a water course has been excavated through fairway
13. Enhancement of this water course may result in a viable wetland.
However, until the conditions set forth in comment 1) above concerning the
documentation of acceptable vegetated wetland mitigation have been met, we
cannot confirm that any wetlands having been created at this site.
6) The actual acreage of wetland to be created as a result of "excavation
of high ground to wetlands elevations" on lots 82, 83, and 84 will be
determined only after the "restoration of previously filled wetlands" is
completed. You stated during your April 12, 1993, meeting with Mr. Jahnke
that the figure for the wetlands to be created was based on the unapproved
line established by McGuire & Associates. Mr. Richter has always maintained
that, while a portion of this area may not be wetland, the exact location of
the wetland-high ground line cannot be determined until all wetland fill has
been removed.

-3-
material placed in wetlands on these lots will not be included -'n
3.0 acres of permitted fill and will not be mitigated for elsewhere, it
fill) must be removed from the wetlands and credited to restoration. If
desire, mitigation credit can then be obtained at this site by grading
whatever remains of high ground to wetlands.
she
(the
you
7) As you explained, the mapped areas denoted as "exceptions" are
outparcels not owned by Kings Grant and are not subject to the considerations
in this letter.
In your February 25, 1993, letter, you requested approval for Kings Grant
to proceed with the construction of a culverted access road across waters of
the United States, the removal of an existing culverted crossing in
essentially the same area, and, for mitigation purposes, the grading and
construction of approximately 5,000 square feet of wetlands to the elevation
of an adjacent small stream and wetlands. Upon satisfactory completion of all
other required mitigation and restoration work we will issue a permit to
Kings Grant for the road and culvert.work. Compensation for the fill involved
with this road crossing should also be addressed at this mitigation site.
Your concurence on these matters should be submitted in writing. Upon
receipt of the requested map showing all permit, restoration, and mitigation
areas with appropriated acreages, an on-site meeting will be held for
verification and approval of your plan.
To assist in determining future permit requirements and to avoid
unintentional unauthorized activities in wetlands, we recommend that you
identify and delineate all wetlands within the Kings Grant development. Mr.
Scott McLendon of my Wilmington Field office is responsible for our regulatory
program in Cumberland County and may be contacted at telephone [phone]
to assist you in identifying wetlands. However, because of the delay that his
workload will inflict on a timely response, you may choose to engage an
environmental consultant. The consultant's wetland delineation must be
verified and approved by Mr. McLendon. This will assist Kings Grant in
developing plans that will avoid wetland impacts for the remainder of the
development, specifically phase 4.
Should you have any questions regarding this matter, please contact Mr.
Richter at telephone [phone]. Thank you for your cooperation with our
regulatory program.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch