20200348 Ver 2_Response to NOV_20210507

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PIERCE
FOUNDED 3897
May 7, 2021
Ms. Teresa Andrews
Stormwater Program Administrator
Guilford County Planning and Development Department
Watershed Protection and Stormwater Management Section
PO Box 3427
Greensboro, NC 27402
Re: Sedgefield Country Club Acquisitions, LLC
Stream Buffer Authorization -Updated Notice of Violation
PIN: 7832757530
Dear Ms. Andrews:
I and our firm represent the Piedmont Triad Charitable Foundation (the "Foundation").
The Foundation operates the Wyndham Championship under license from the PGA Tour. After
the Wyndham Championship of 2019, many players expressed frustration with the Short Game
Practice Area ("SGP Area") available for the Tournament and correspondingly, the PGA Tour
advised the Foundation that continued license of the event in Greensboro could be jeopardized by
what it (and the players) viewed as a substandard SGP Area. The Foundation recognized that loss
of the single biggest sporting event in the Triad would be an economic disaster for our region and
asked for assistance from the PGA design team to help locate and design a Short Game Practice
Area acceptable to the PGA Tour. Sedgefield Country Club Acquisitions, LLC has requested that
the Foundation respond to your Notice of Violation ("NOV").
Over the 6 months after the 2019 event, the PGA Tour staff met with representatives of the
Foundation and Sedgefield to locate and design an acceptable SGP Area. This work culminated
in Sedgefield's Stream Buffer Authorization ("Authorization") request that is the subject of your
April 23, 2021 Updated NOV. The application for the Authorization sought permission to place
the SGP Area near the first Tee to allow professional players the opportunity to tune their game
before Teeing off. Unfortunately, there were very few options and all involved dealing with the
perennial stream. The PGA Tour, the Foundation and SedgefieId chose the site based upon the
nearness to the first Tee and the Driving Range and the least natural area of stream segment. The
location chosen for the authorization included a rectangular parcel of stream that was abutted on
Writer's Direct Dial: 336-271-3114 Fax: [phone] Email: [e-mail]
Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P.
Attorneys and Counselors at Law
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Ms. Teresa Andrews
May 7, 2021
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all sides by existing roadways or Clubhouse buildings. The buffer to this stream segment was
significantly degraded with diseased trees, weeds and invasive vegetation and open ground subject
to significant erosion during storm events. This erosion resulted in a sediment filled stream
whenever it rained. The designs developed by the PGA Tour staff were mindful of the perennial
stream and sought to present a design that would provide both the necessary practice areas, but
also improve stream quality. The cost of this SGP Area was in excess of $1,500,000 and represents
a significant investment by the Foundation in Greensboro's economic future.
Unfortunately, the Authorization was filed exactly as the pandemic hit North Carolina and
the Governor stopped all unnecessary activity. The Authorization was issued on May 5, 2020, but
the construction activity came to a dead stop and only recommenced in the summer. With less
than 60 days to complete the work, the PGA Tour Staff, the Foundation and Sedgefield looked for
ways to expedite the work to ready for the start of the Wyndham on August 10th. Even with
working almost around the clock, the SGP Area was not completely finished. However, it was
well received by the players and has eliminated a major obstacle in the Foundation's ability to
retain the event in Greensboro.
One of the methods chosen to expedite construction was to eliminate the cart path/walking
bridge over the stream and simply expand the existing eastern roadway. It appeared to all
concerned at the time that the resulting reduction in pavement and stream impacts by this change
would net out to "less" impervious area than originally planned. This in fact did occur. Please
note that Mr. Boecker's letter of March 23, 2021 added the drop off area paved off Wayne Avenue
(the northern roadway). As this area was outside of any buffer impacts, the working team did not
consider this area as part of the calculation and in fact, it was hard graveled and essentially
impervious. However, even with this addition, the total change in paving including all surrounding
roadways would only total an additional .18 acres and bring the total impervious impact of the
project to only 3 acres.
As Mr. Boecker also notes, the removal of the paved cart path added .32 acres flowing to
the south side of the stream and decreased .18 acres on the north side or a total net of non -filtered
drainage increase to stream of .13 acres. To the working team in the field, it looked as though
these two areas would essentially balance. It was never the intent to increase non -filtered drainage.
And, we hope the County recognizes that the project's addition of substantial filtered drainage to
this stream segment was an immense improvement over pre -construction conditions. Indeed, there
is no open ground erosion areas remaining; all drainage that does not go to the new filtering system
goes through well maintained grass swales. Prior to this construction Sedgefield estimates that
50% of stormwater in this stream segment between the roadways drained through open, erodible
landscape. One only has to look at the stream flowing through this area on a rainy day now to
recognize the vast stream water quality improvement that has occurred.
The Foundation and Sedgefield requests you reconsider your request to reconstruct the site
to the approved plan. The disruption caused by tearing out a portion of the eastern road way,
tearing out the pavement along Wayne Road and returning it to packed gravel and constructing the
originally planned paved cart path will not improve stream quality and will actually result in more
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Ms. Teresa Andrews
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pavement being located in the buffer zone. If it is your desire that the 5th drainage line be removed
and water returned to overland flow as it was originally designed, Sedgefield is willing to do so.
The Foundation and Sedgefield request you approve the revised site plan as being substantially the
same as that approved by the original Authorization. The Foundation and Sedgefield are open to
discussions with you at any time.
Sincerely,
George W. House
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