20001116 Ver 1_More Info Letter_20000825 (2)

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Spangler Environmental, Inc
224 Fayetteville Street Mall
Suite 400
Raleigh, NC 27601
Dear Sir or Madam:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANo NATURAL RESOURCES
August 25, 2000
DWQ# 001116
On August 21, 2000, your application for a 404 Permit and 401 Water Quality
Certification on behalf of North Carolina Golf Enterprises for a project in Wake County
was forwarded to us by the U.S. Army Corps of Engineers. Please note that you are
required to submit your request for a 401 Water Quality Certification under separate
cover to the Division of Water Quality. Also please note that beginning January 1, 1999,
the N.C. General Assembly passed legislation requiring payment of a fee for all
applications. This fee amounts to $200 for projects with less than an acre of wetland
impact and less than 150 linear feet of impacted stream. For projects with an acre or
more wetland impact or 150 feet or more of impacted stream, a fee of $475 is required.
In order for DWQ to review and process your request, you must send a check for the
appropriate amount made payable to the N.C. Division of Water Quality attached to your
application. Also, seven copies of all application materials sent to the Corps are required
for our review.
Please call Rob Ridings or Cyndi Karoly at 919-733-1786 or visit our web site at
http:/ih2o.enr.state.nc.us/ncwetiands if you have any questions.
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4-61
R. Dorney
cc: Central Files
Todd Tugwell, USACOE, Raleigh Regulatory Field Office
File Copy
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Colonel James W. DeLony
District Engineer
ATTN: Mr. Todd Tugwell
Raleigh Regulatory Field Office
REGION 4
Sam Nunn Atlanta Federal Center
61 Forsyth Street, S.W.
Atlanta, Georgia 30303 - 8960
SEP 1 8 2000
Wilmington District, Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
SUBJ: North Carolina Golf Enterprises
Action ID No. 199920576
Dear Colonel DeLony:
RECEIVED
SEP 2 0 20(11
Regulatory Branch

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This is in response to the above referenced public notice, dated August 22, 2000,
concerning the proposed modification of the permit for Sandler at Old Stage, to relocate 130
linear feet of an intermittent tributary to Swift Creek, place culvert and fill within 315 linear feet
of an intermittent tributary to Swift Creek, authorize the completed placement of fill into 0.04
acre of wetlands, and modify the existing mitigation plan associated with the construction of the
golf course for Eagle Ridge Community. According to the public notice, the project site is in
Garner, Wake County, North Carolina. Mitigation is proposed, in the form of preservation of
535 linear feet of intermittent streams, preservation of 0.61 acres of riparian area, and creation of
0.08 acre of wet detention basin, and creation of an additional 0.04 acre of wetland.
EPA does not believe that the proposed mitigation will adequately compensate for the
proposed losses. From the information provided, it appears that the wet detention basin is a
treatment system constructed primarily for the purpose of treatment to meet the requirements of
the Clean Water Act. Therefore, EPA does not consider it to be waters of the U.S. Areas which
are not considered to be waters of the U.S. should not be utilized for mitigation. Use of such
areas for mitigation purposes, in EPA's opinion, represents a net loss.
Until an appropriate mitigation plan is submitted and approved, the modification should
not be authorized. Appropriate mitigation would include:
• wetlands restoration at a 2:1 ratio;
• wetlands enhancement at a 4:1 ratio;
• wetlands creation at a 6:1 ratio; and/or
• wetlands preservation at a 10:1 ratio.
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All mitigation must be conducted in waters of the U.S., or result in the creation of waters of the
U.S. Thank you for the opportunity to comment on this project. If you have any questions or
comments, please contact Kathy Matthews, of my staff, at [phone].
Sincerel ,
William L. Cox, Chief
Wetlands Section
cc: USFWS, Raleigh
NCDOT, Raleigh
NCDWQ, Raleigh
NCWRC, Raleigh