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HomeMy WebLinkAbout20001116 Ver 1_Individual_200007311 i 1 t 1 1 '.NL Minor Permit Modification To Action I.D. 1.99920576 Eagle Midge Golf Community Wake County, NC f' or North Carolina. Golf Enterprises c/o Mr. Mark Black 4800 Six Forks Road, Suite 100 Raleigh, NC: 27609 Submitted on July 31, 2000 10 ?16 Prepared 13y: Scott inttenl ur Spwigler 13nvironmental, Inc. PO Box 387 Raleigh, NC 27602-.0387 17h: (919) 546-0754 Fax: (919) 546-.0757 Reviewed .lame)/A.4pangler, 11 t Land Planning • Permitting • Environmental Consulting* Construction Management • Expert Testimony ' Post Office Box 397 Raleigh, NC 27602-03$7 tel: 919-546-0754 fax: 919-546-0757 www.Spangler-SEI.corn, 11 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT 03 CFH 32,ri/ OMB APPROVAL. NO- 0710403 Expires October 19AR Public reporting burden fot, this collection of information is estimated to average 5 hours per response, Including the time for reviewing Instructions, .. searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information, Send lomments regarding this burden estimate or any other aspect of this collection of Information, including suggestions for reducing this burden, to Department of Defense, VWashington Headquarters Service Directorate of InformationOperations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22262-4307_; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please 00 NO RETURN ydur form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over thn location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable waters of the United States, tho discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for oho purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for it permit. Disclosure: Disclosure of requested information Is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be Issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and Instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity.. An application that Is not completed in full will he returned. //TFMC f T/IOi/s m or rrii rn uv cur.......... 1. APPLICATION NO. 2. EIFLD OFFICE CODE 3 DATE RECEIVED 5. APPLICANT'S NAME t4r,ero C*btwil 4. DATE APPI..ICATION COMPLETED 8. AUTHORIZED AGENT'S NAME AND TITLE inn na-t ,c t, d; <)une9?'F1rtl':iAxR F:NYIRMJMGN'11?L? INC,,. G. APPI ICANT'S ADDRESS effty %: . 4=Uk'KS ti..' Sulf'r IDD VALEl4111 NIL, a. Residence b. Business 9. AGENT'S ADDRESS wi. ?t4Y 1r V)?tC i? rr{pu , .Saul` Wau W, VQ0l a. Residence - b. Business (911) S-46-- fi'lty 11. A E T AUTHORIZATION 1 heroby authorizo, $'pAtSy z IfaJiRnl?hAr ?1T11L t wt to act In rrty belief( as my agent in Ilia processing of this apt)llr..alaort and w furnish, upon re(luest, supplemental information to support of this permit application. NAME, LOCATION AND DESCRIPTION OF PROJECT OR A TlVITY ? 12. PROJECT NAME OR TITLE isrelnstructhnn) t'•AW R-I'VO,t, '`Lit;OLOPIAUNT tWI) C1DI V- limp-49; -I J. NAME OF WATPRBODY, IF KNOWN tIf applirxwnl T?I13U[S??11'.` ai?- .Swt?'r c:arck 15, LOCATION OF PROJECT WtYI/ Cnulat &L - COUNTY STATE 16. OTHER I.OCA 11014 DI_SCRIPTIONS, IF KNOWN, (,,no 1-vartlonrl 14. PROJECT STREET ADDRESS (if nppticnbtn/ ' 17. DIRECTIONS TO Tf1E SITE - A*f_'PVDx1M41U-1,1 TOM MI;ES SWTiN O TAC- NW`( 41 jCI?AyTt1ti? Vo?b )rJl gcui1W ? ?,,,.. DATE 1 t it 1 18, Nature of Activity (nnpce plinrt of prgoct, inctudo oit ,,all to t?NSfC?u.I1tu?5 U '1N6 VjNAL- `twsv by '14kc QDLr Cote st MV) mw *--6v VSA'fL-Ir. (Wi.r I `'gti`,AIAOO VGAWKR 19. Project Purpose 10n5al60 rl)c «19011 or pogwsx Or fhe pro/ocf, soo 1g611lICUo119I USE BLOCKS 20-22 IF DREDGED AND/OR-FILL-MATERIAL IS TO BE DISCHARGE-12 20. Reason(s) for Disc.haTgr, Slit; {1'1w N1tw 21. Type(s) of Material Reing Discharged and the. Amount of Each Type in Cubic Yards 5 fr1 ottAl wo r- 22. Surface Area in Acres, of Wetlands or Othor Waters Filled lsoe bivnievonsl ,BUG AM(AA40 23. Is Any Portion of the Work Alraady Complete? Yes. No IF YES, DESCRIBE THE CUMPLETf_D WORK 24. Addresses of Adjoining, Property Owners, Lessees, Eta, Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list). N/A . 1, roc>Sldrfl[ Olt w NIN 'THE aba? C?y75? 25. List of Other Certificatiims of Approvals/Denials Received from other Federal, Stato or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL` IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED `Would include but is not restricted to zoning, building and flood plain penn)ts 26. Application is horeby made for a permit or permits to authorize the work described in this app lon. I certify that the information in this application is complete and accurate, urther certify that I possess the authority to under e a work described herein or am acting as the duly authorized agent of e a 111 r SIGNA'TURI 01 APPI,ICA?T SI AT RE OF AGENT DATE f,,, DALC: The application rnnst be signed by the person who desires to undertake the repo activity (applicant) or It may be signed by a duly authorized agent i( the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsi(ies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious m fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or boll). Background and History The Eagle Ridge Residential and Golf Course Community is located on the west side of Old Stage Road, Wake County, North Carolina. The developer of this project previously requested and received an individual permit from the Department of the Army on February 26, 1999 for the permanent fill of 0.42 acres of wetlands and 1,115 linear feet of stream to facilitate development. This project was filed as USAGE Action ID Number 199920576 and NCDENR Division of Water Quality project number 960722. The above-mentioned impacts were permitted by NCDENR DWQ on September 21, 1999 and by the Department of the Army on February 7, 2000. Project Purpose and Need/Alternatives Evaluation On behalf of the Eagle Ridge Golf Course developer (North Carolina Golf Enterprises, c/o Mark Black, 4800 Six Forks Road, Suite 100, Raleigh, NC, 27609), Spangler Environmental, Inc. is seeking minor modifications to the previously issued individual permit. Three separate types of impact are proposed in this modification: impacts to intermittent and ephemeral streams, alternative location designation for created wetland area form the original permit authorization, and authorization after-the-fact for incidental impact to low quality isolated wetlands. Proposed Stream Impacts. Changes made to the layout of the golf course, due in part to the required mitigation efforts of the initial Individual Permit authorization, as well as minor construction changes made in the process of earth-moving, have necessitated the re-configuration of golf holes throughout the Eagle Ridge Golf Course. The original authorization required par changes on holes in the front-nine to accommodate stream relocation and associated riparian-area preservation. As a result, holes 1 and 17 each have gained one stroke. An evaluation by Spangler Environmental, Inc. the golf course operator and the owner/applicant of the original authorization resulted in a re-configuration of the course that minimized impacts to wetlands and streams, and to the recorded residential lots adjacent to the golf course property. Limiting factors on the re-design of the golf course when the original authorization was issued included the configuration of the adjacent residential subdivision, conservation easements, roadways and utilities, that were all either sold and occupied, under construction, or in final review for local engineering/planning department final design approval when the authorization was issued. According to the project owner, these reconfigurations will allow the planned number of rounds per day necessary to achieve economic benefit from the development, primarily by speeding-up play. Based on the loss of rounds due to slower play that would result from not implementing these modifications (the "no-build" alternative), a reduction in revenue of $300,000 to $400,000 annually could be expected, according to the course operator, North Carolina Golf Enterprises. This potential loss in revenue is due to a combination of a loss of concession revenue, equipment rental revenue, and loss of approximately 10 to15 tee times per day due to slower play caused by the existing course configuration. SPAN L,ER! ENVIRONMENTAL, INC. 1 I 1 Alternatives to the specific impacts in this proposed modification have included creation of topographic modifications to the course to create grassed "berms" to prevent golf balls from being lost in the intermittent streams and water hazards associated with the proposed modification impacts. However, factors such as roadway sight-line/safety concerns for cart paths on hole 17, and the nutrient impact expected from drainage of run-off from behind the constructed berms into the streams, resulted in these alternatives being identified as not feasible from safety, environmental, and economic perspectives. The proposed stream modifications are to streams that have little aquatic habitat function and have been previously defined by the Corps as "insignificant streams." Each of these streams is typically dry in the summer, except during storm events. Each of these streams lacks a floodplain, and high flows are currently being contained within the banks. "Therefore, each provides little flood attenuation value, which will become an issue as the surrounding development is completed and the impervious percentage of the property increases. They function primarily as storm water and nutrient conveyance channels. Additionally each stream is above headwaters, does not require the maintenance of a Neuse Riparian Buffer, and is located within a golf course fairway. This situation will provide for little habitat heterogeneity, as the riparian area will be maintained in short grass to the bank of the stream. In short, the current stream condition affords little positive flood attenuation, water quality, or habitat value. All three of these values will be improved with the design alterations. Controlling the flow near the headwaters of the watershed will attenuate downstream flows and thus reduce downstream channel erosion. The increased quantity of floodplain vegetation in the bio-retention area and preservation of vegetated riparian corridors around the site will increase nitrogen and phosphorus uptake and decrease the amounts of these nutrients that leave the site toward Swift Creek. The addition of the vegetation in areas that would have been maintained as short grass will provide wildlife habitat, landscape heterogeneity, and aesthetic features to the site. Alternative Location for a Portion of Wetland Mitigation in Original Authorization. This proposed modification is proposed as an additional area for mitigation activity to compensate for wetland impacts associated with the original individual permit authorization. In the original authorization, a littoral "shelf" of emergent vegetation was proposed as wetland area to be created during the course of building the aesthetic pond adjacent to the golf course and residential subdivision. A condition of this mitigation effort was to record deed restrictions and conservation easements on this littoral zone (consisting of three feet upslope and downslope of the mean ordinary pool elevation around the circumference of the pond). Because of the various stages of development of the residential subdivision and the dozens of potentially effected properties, combined with the fact that the ordinary pool elevation will have seasonal fluctuation, the portion of the conditional approval for the littoral shelf associated with deed restrictions has been determined to be unfeasible. Therefore, the area of wetland creation required by the original authorization is now proposed to be made larger by an amount equivalent in area to the SPANGLER ENVIRONMENTAL, INC. 1 LJ littoral shelf, to ensure that acreage of created acres is consistent with the original application. No design changes are necessary to facilitate this modification, and available area within the conservation easement area for wetland creation in the original authorization is available. The qualitative effect of this modification is that additional, higher quality forested wetlands will be created in addition to the littoral shelf. The quantitative effect is that the forested wetlands will be the only area of mitigation associated with the mitigation quantities authorized in the original permit authorization. After-the-Fact Incidental Fill. An isolated scrub-shrub wetland area in the middle of the fairway of hole 12 in the golf course has been inadvertently impacted with grading and construction associated with course construction. This area of four one-hundredths of an acre was not a permitted activity in the original authorization. Mitigation in the form of additional forested wetland creation in an amount equivalent to the impact is proposed. Summary. The proposed modification activities involve increasing the extent of on-site wetland mitigation, piping a portion of one intermittent stream, and relocating a small reach of intermittent stream to provide additional riparian area protection from golf course run-off. Off- line, wetland-based water quality/stormwater control structures and habitat improvement measures are proposed in each of the stream modification areas for the purpose of mitigating any loss in wetland function. Furthermore, stream preservation is proposed by establishing conservation easements along the riparian area of certain intermittent streams in the golf course. SPANGL ER ENVIRONMENTAL, INC. Calculation of Proposed Stream Impact Modifications Location Fill/Impact Hole 1 130 ft. stream filled (130 ft. relocated, 90 ft. created) ' Hole 17 315 ft. stream culvertcd 1 Mitigation 445 ft. stream impact, to be mitigated by: 535 ft. stream preservation, approximately 0.61 acres riparian area preservation (including 0.14 acre bioretention area which will eventually convert to forested wetlands), 0.08 acre wet detention basin. 1 Note regarding stream impacts: A net modification to the original Individual Permit of open channel intermittent stream impact of up to 225 linear feet is proposed (up to 225 feet of stream will be put in culvert without relocation). As the function of these streams is primarily nutrient 1 and stormwater conveyance, it is proposed that the acreage impacts are mitigated in the form of providing riparian buffer/stream preservation through on-site conservation easements along riparian areas in widths of as much as 25 feet on each side of the stream, and off-line ' stormwater/nutrient detention basin where applicable. In order to mitigate for the potential loss of nutrient retention and intermittent stream riparian habitat, additional riparian preservation areas have been proposed throughout the golf course. "These areas will help to detain nutrients 1 and encourage stormwater sheet flow. Coupled with the existence of the on-site wetland creation area and pond, the vegetated riparian zones will improve the water quality of the site. These streamside areas will be maintained in existing dense vegetation at a height of up to ' approximately six feet to allow for golf play and safety considerations near tees, cart paths, cart crossings of streams, and roadway crossings and intersections, or will be managed and replanted to achieve aesthetic goals to best sequester the maximum amount of nutrients present in overland 1 and shallow groundwater flow. Hole 1 (see attached drawings) ' The projected activity in this area is to relocate 130 feet of the intermittent stream channel to the outside of the historic floodplain, outside the golf fairway, in the vicinity of lots 315-317. A 220-foot low flow channel will be maintained that is slightly smaller than the existing stream in 1 cross-sectional area. The channel width will be reduced to 1 foot and the banks will be sloped to reduce the possibilities for bank erosion. The decreased cross-sectional area will promote overbank flooding during periods of storm flow. Surrounding the relocated stream, a 0.14-acre, shallow, contained bioretention area will be created. This vegetated area will attenuate storm flows and provide some storage before ' emptying back into the stream. A riprap lined trapezoidal narrow constriction will be constructed on the downstream end of the mitigation area that restricts the flow from this area. i 1 SPANGLED ' ENVIRONMENTAL, INC. 1 The area will be planted with Benda nigra and a few Platanus occidentalis lining the banks of the relocated channel to provide shade and stability. Behind these species a mixture of oaks (Quercus michauxii, Q. nigra, Q. hicolor, and Q. phellos) will be planted that can withstand short periods of inundation. 55 trees will be planted, providing a canopy density of 400 stems/acre. In essence, a bottomland hardwood floodplain forest will be created that is very similar in composition to the Swift Creek floodplain forest downstream of the project area. The estimated stormwater detention volume of the bioretention area is 5,044 ft3 (37,732 gal). The actual volume will be based on as-construction dimensions. This detention volume equates, roughly, to a 1-inch rainfall across the contributing watershed area. Flow will be constricted with a narrow, riprap lined trapezoidal channel at the outlet of the bioretention area. The bottom ' width of the channel should be 3 ft. Channel sideslopes should be 3:1 or 4:1 depending on the type of soil encountered. The channel depth at this location is approximately 3 - 4 ft. Class "B" ' riprap, or equivalent, should line the entire channel and a riprap apron should be placed upstream and downstream of the constriction. The apron should extend upstream and downstream a length equivalent to 3 times the channel width. Woven geotextile fabric will be placed under the riprap 0 to minimize the potential for "piping". Hole 17 (see attached drawings) The modification would culvert a maximum of 315 feet of the stream within the playable area of the fairway of hole 17. Actual project impacts may be less, and will depend upon the construction constraints and final grading of the golf hole. This impact has been minimized from previous concepts, which included culvert being placed in over 500 feet of this stream. Flow out of the culvert will be directed into a 0.075 acre stormwater detention wetland located upstream of the nearby roadway. This feature is designed as an according to the specifications outlined in the North Carolina Department of Environment and Natural Resources Division of Water Quality Stormwater Best Management Practices to provide for 85% total suspended solids treatment. An inlet pool and outlet pool, both located out of the stream channel, are each 3 feet in depth to allow for settling and controlled outflow, respectively. The remainder of the area is designed as a combination of shallow and deep marsh. The shallow marsh will have a depth of less than 9 inches during periods of maximum storage and will be planted with a mixture of Hibiscus moscheutos, Juncus effusis, Carex spp., and Polygonum spp. that are able to withstand periods of drought. The deep marsh will be planted with a mixture of Sagittaria latifolia, Peltandra virginica, and Nuphar lutea. Planting densities, schedules, and erosion control methods will be identical to those previously approved for the nearby wetland creation area. The storm water detention wetland was designed using the methodology outlined by NC DEHNR "Stormwater Best Management Practices" guidance document. A conservative estimate of 10% impervious area was used. Based on Table I.1 in the guidance document, at a permanent pool depth of 3 ft. and a watershed drainage area of 12.5 acres, the surface area to drainage area ratio is given as 0.59 for 85% pollutant removal efficiency. This requires the surface area for the detention wetland to be at least 0.074 ac. (3,213 ft) . The calculated volume f9 SPANGLER ENVIRONMENTAL, INC. ' of the detention wetland, using the equation as provided in the guidance manual, provides a volume of 0.14 ac-ft. (6,098 ft'). Rv = 0.05 + (0.009)*(10) = 0.14 in/in Volume = (1 in)*(0.14 in/in)*(l 11/ 12 in)* 12.5 ac = 0.14 ac-11 A riser pipe will be placed at the outlet pool to control the depth in the storm water detention wetland. Based on a 1-hour duration rainfall intensity and a 10-year return period design storm, the estimated peak discharge is 9.6 cubic feet per second (cfs). This discharge requires a barrel and riser size of 15 inches in diameter for adequate flow, provided an effective trash rack is placed at the riser inlet. The riser inlet elevation will be set to 2 feet below the top berm elevation. An emergency spillway approximately 6 to 8 inches deep and 10 to 15 feet wide will be constructed to route excess flow around the berm into a riprap-lined Swale upstream of the roadway. This will protect the road grade from being undermined during very large storm events. SP'ANGLER ENVIRONMENTAL, INC. Calculation of Proposed Mitigation Location and Incidental Fill Modifications ' Location Fill/Impact ' On-Site Pond 0.00 Hole 12 0.04 ac. filled. ' Mitigation 0.19 ac. additional wetland creation and preservation. On-Site Pond The projected activity in this area is to relocate the mitigation afforded by a three-foot wide aquatic bench (littoral "shelf") around the pond, 0.15 acres, into the wetland creation area at the headwaters of the pond. There is a concern that fluctuating water levels in the pond will intermittently leave the bench out of the water, perhaps for long periods of time. This would not conform to the idea of an aquatic bench and could be construed as not being in compliance with the conditions of the permit. Furthermore, due to the number of property owners adjacent to the ' pond, the deed restriction/conservation easement on this three-foot wide bench has been determined to be logistically unfeasible. To provide on-site mitigation for these impacts, the on- site mitigation area and conservation easement for this area is proposed to be expanded. Hole 12 0.04 acres of wetland that is in the largest wetland unit located on Sheet 17 of the IP application have been filled. Design attempts to avoid this portion of wetlands did not leave ample fairway width. Mitigation for this impact can be fulfilled in the on-site wetland creation area, as it has ' been expanded from 0.63 acres to 0.85 acres. Contacts Please contact Scott Linnenburger of Spangler Environmental, Inc. (919-546-0754) if you have any questions regarding this request for a minor modification of the Individual Permit associated ' with Action ID # 199920576. f9 SPAN LER ENVIRONMENTAL, INC. C a DRAWINGS - Mole 1 & Mole 17 - Existing Grade - Proposed Final Grade - Close-up of Modified Areas - Outlet Structure Details f9 SPANGL R ENVIRONMENTAL, INC. =z5 O 1 1 1 1 14 /? Irll ((( 1 1 I ( //// r? 1 ? 1 1 11 \ // 1 1 1 1 1 1\ 1 ?? ?. ? 11 1 l///? U H u L? r 111111 j )/I 1/ I l ?r\ (((I I l l i;;j j r l/ / 1 o ??;? 1 ? 11111 11 1 ?-(- ?-- /,` l I 1 I .? ?')?,?1111111111 III ??? w Imo'' \ `1111 \ 1 ? , 1 ??.? ?? ?, `' 1\ 1\\ \ 1\ 1 1 1 1 1 3,?, ??? 1 11 ? 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