20070464 Ver 1_More Info Letter_20070515

~QF W A rFjQQ Michael F. Easley, Governor
`0 G William G. Ross Jr., Secretary
{/J tom-- North Carolina Department of Environment and Natural Resources
~ ~
~ -~ Alan W. Klimek, P.E. Director
Division of Water Quality
May 15, 2007
DWQ Project # 07-0464
Franklin County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Richard Wolf
Olde Liberty Club, LLC
4208 White Chapel Way
Raleigh, NC 27615
Subject Property: Olde Liberty Golf Club (formerly Old Ballymore)
Unnamed Tributary to Cedar Creek
Class Water Supply II, High Quality Waters and
Nutrient Sensitive Waters
Franklin County
REQUEST FOR MORE INFORMATION
Dear Mr. Wolf
On March 15, 2007 the Division of Water Quality (DWQ) received your application dated
March 14, 2007, to impact 0.338 acres of 404 wetlands (0.1706 acres of permanent 404 wetland
impacts and 0.1674 acres of temporary 404 wetland impacts), 0.038 acres of isolated wetland,
3461inear feet of stream (148 linear feet of permanent perennial stream impact, 0.0002 acres
perennial stream impact due to bridges/driven piles, 138 linear feet of permanent intermittent
stream impact, 0.0006 acres intermittent stream impact due to bridges/driven piles, 30 linear feet
of temporary perennial stream impacts and 301inear feet of temporary intermittent stream
impacts), and 30,593 square feet ofZone ITar-Pamlico River Basin protected riparian buffers
and 18,595 square feet ofZone 2 Tar Pamlico River Basin protected riparian buffers to construct
the proposed residential subdivision and golf course development.
A DWQ file review revealed that this tract, when previously known as Ballymore Subdivision,
was issued a Notice of Violation dated May 21, 2004 for unauthorized impacts to wetlands and
to approximately 5,9601inear feet of stream due to impacts associated with severe sedimentation.
These impacts occurred to a stream classified as a Water Supply II, High Quality Waters as well
as Nutrient Sensitive Waters. In an effort to expeditiously resolve these violations and to affect
appropriate on-site restoration, an upfront settlement agreement was developed. As such, the
Pre-construction Notification Application (PCN) package included a copy of this settlement
agreement.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: http:i,~h2o.enr.state.nc.us/ncwetlands
No a hCarvlina
,~atura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper

Mr. Kichard W oll
Page 4 of 4
May 15, 2007
In addition to the previous and extensive compliance history of this tract, a May 1, 2007,
"Request for More Information" was issued, and a response has not been satisfactorily received.
In an effort to help expedite the review of this package, DWQ staff experienced with compliance
history of this site conducted a site visit on May 9, 2007, to determine whether a stream feature
was properly identified as intermittent. This site visit along with a review of the application
confirmed that the application is incomplete and additional information as discussed below is
required. The DWQ will require additional information in order to process your application to
impact wetlands and/or streams on the subject property. This information is required in order to
complete the review of this project. If we do not hear from you within 3 weeks we will have to
move toward the returning of your application. Please provide the following information so that
we may continue to review your prof ect.
Additional Information Requested:
1. On May 9, 2007, a DWQ site visit confirmed that impact number 16, located on sheet 12 is
a not an intermittent stream, rather it is a perennial stream. Therefore, mitigation is
required for stream impacts totaling 2861inear feet. In your response please provide
appropriate confirmation of how mitigation will be addressed for these impacts.
2. The Unnamed Tributary to Cedar Creek is classified as a Water Supply II-NSW, a
High Quality Nutrient Sensitive Waters in the Tar-Pamlico River Basin. Title 15A North
Carolina Administrative Code 2B .0214 (3)(b)(i)(A), Fresh Water Surface Water Quality
Standards for Class Water Supply (WS)-II Waters, requires no more than one dwelling unit
per acre of single family detached residential development (or 40,000 square foot lot
excluding roadwayright-of--way) or 12 percent built-upon area for all other residential and
non residential development in the watershed outside the critical area.
A DWQ review of Franklin County's watershed protection ordinance indicates that the
County prohibits residential development above 12 percent built-upon area in a WS-II.
On page 16, II of the PCN application, it is stated, "the proposed impervious surface
percentage area is 4,467,178 square feet or 18.98%."
Please provide information detailing how the impervious surfaces at the proposed
subdivision will be modified such that compliance with impervious surface requirements
for Class Water Supply II, a High Quality Nutrient Sensitive Waters in the Tar-
Pamlico River Basin are to be met.
3. Please provide percentage imperviousness data on drainage areas 1 through 29 so that
DWQ staff can verify that they are below 30 percent. If any drainage areas are proposed
to have impervious surface cover that exceeds 30 percent, then appropriate BMPs for
HQW/NSW Watersheds will have to be provided per General Certification 3631.

Mr. Richard Wolf
Page 4 of 4
May I5, 2007
4. Ponds B, D, E and F are currently discharging just outside of protected riparian areas.
This practice is not allowed due to the possibility that the discharge may create an eroded
channel through the buffer. There are two options to bring the outfalls from these wet
detention basins into compliance with the Neuse Rule:
a. Install a properly designed level spreader to diffuse the flow from each pond through
the riparian buffer.
b. Submit design calculations, plans and a worksheet for each pond so that DWQ staff
Gan determine whether it has been designed according to DWQ BMP Manual
standards. Then, provide an engineered conveyance (a pipe or properly designed
Swale) to convey the outflow from each pond to the stream channel.
5. The application depicted riparian buffer impacts from installation of level spreaders.
Provide a map depicting the location of these devices. Also, the re-submittal must
include plan details for all components of the 23 proposed level spreaders and dated,
labeled photographs that show the vegetative conditions in the filter strip for each level
spreader. In addition, the re-submittal must include a DWQ level spreader worksheet for
each of the level spreaders, available at:
http://h2o.enr.state.nc.us/ncwetlands/documents/LevelspreaderVf~orksheet 2007desi~n~ui
dance l.doc.
In addition'to the above listed additional information items, DWQ staff wanted to take this
correspondence as an opportunity to communicate expectations in keeping with the September 1,
2004 Settlement Agreement. The aforementioned settlement agreemenlt specifically prohibited
point source outlets that convey untreated stormwater to surface waters iin any areas where
stormwater infrastructure that had not been constructed as of the date ofthis agreement,
September 1, 2004. Specifically, controls are required for all drainage conveyances to provide
diffuse flow through the riparian buffer.
It is the position and the field observations of DWQ staff that none of the Golf Course
stomlwater infrastructure was completed at the time of the September 1„ 2004 agreement. As
such, under drains associated with the golf course may NOT be routed through the riparian zone
or allowed to discharge into any streams. The Narrative dated May 10, X007 indicates that water
will be "tied to existing swales" etc. DWQ staff wanted to this opportunity to be clear, such that
there was no misunderstanding, stormwater from all residential areas, raids, clubhouses, and
recreational areas golf course (including under drains), unless the infrast4ructure was completed at
the time of the September 1, 2004, are not allowed to be conveyed direcily to surface waters. It
must be routed such that it achieves diffuse flow through the landscape and riparian areas.

Mr. Richard Wolf
Page 4 of 4
May 15, 2007
In addition to diffuse flow expectations, the agreement also required Conservation Easements.
The settlement agreement required that Conservation Easements be established. The Developers
agreed to place conservation easements that will be maintained in perpetuity on the features
depicted on the map identified as the Golf Course Routing and Stream Crossing Plan, Ballymore
Golf Course, Franklin County, North Carolina dated July 27, 2004. These areas are expected to
remain protected in perpetuity.
In keeping with the intent of the agreement, DWQ expects the establishment of deed restrictions
or conservation easements. These riparian (stream-side) areas, streams, wetlands, and isolated
wetlands must remain in a Conservation Easement or under a protective deed restriction. Olde
Liberty will need to maintain the Conservation Easement or deed restrictions as long as it owns
the Subdivision and transfer the conservation easement or deed restrictions and its requirements
to any future owners, trustees executors or other agents including any Home Owners Association
within the subject subdivision.
Please respond within three weeks of the date of this letter in writing by sending this information
to me (at the letterhead address) and to Danny Smith, Division of Division of Water Quality
{ 1617 Mail Service Center, Raleigh, NC 27600-1617].. If we do not hear from you within three
weeks, we will assume that you no longer want to pursue this project and we will return
your application.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers.- Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Danny Smith at [phone] ext.
353 or me at [phone] if you have any questions or would like to set up a meeting to
discuss this matter.
Sincerely,
Cyndi Karoly
DWQ, Wetlands / 401 Unit
cc: Lauren Cobb, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
Danny Smith - NPS-Assistance and Compliance Oversight
Nicole Thompson, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
File Copy
Central Files
Filename: 07046401deLiberty(Franklin)_Hold_3

DWQ 07-0464 Old Liberty Golf Club (Franklin)
Subject: DWQ 07-0464 Old Liberty Golf Club (Franklin)
From: Laurie Dennison <[e-mail]>
Date: Tue, 15 May 2007 12:49:43 -0400
To: [e-mail]
CC: Nikki Thomson <nthomson@sandeacom>
Please see attached the Division of water Quality~s request for more information related to your recent
application. Please note that this message is being forwarded to you electronically so that you may
expedite preparation of your response. Please do not send your response as a reply to this a-mail or via
fax. A hard copy of this correspondence is being sent via US Mail. All response correspondence is to be
mailed via hard copy to the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC 27604
unless otherwise noted.p
Content-Type: application/msword
07046401deLiberty(Franklin)_Hold_3.doc
', Content-Encoding: base64
1 of 1 5/15/2007 12:50 PM