20061060 Ver 1_COMPLETE FILE_20060623

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO October 12, 2006 A?
Regulatory Division
SUBJECT: Action ID 200620650
i• I t 1
RDC Golf Group
Attn: Christopher R. Schiavone UC ZOOS
c/o Forsgate CC -
375 Forsgate Drive -' - ?<
Monroe Twp., NJ 08831
Dear Mr. Schiavone: -
This letter confirms that on March 9, 2006, Mr. Eric Alsmeyer of my Raleigh Field Office
regulatory staff met with Mr. Alan McNally, General Manager/Superintendent of The Crossings
Golf Club on the RDC Golf Group (Crossings Golf Club) property, located on the north side of
NC 98, between SR 1814 and SR 1815, east of Durham, Durham County, North Carolina. Mr.
McNally had asked Mr. Alsmeyer to look at a previously authorized area for a proposed driving
range, and after looking at that site, Mr. McNally showed Mr. Alsmeyer a site at the lower end of
an existing excavated pond adjacent to a perennial stream, an unnamed tributary to Little Lick
Creek, which had been having erosion problems. Mr. McNally showed Mr. Alsmeyer the work
that had been done to deal with the erosion problems, which included placement of sandbags on
the stream bank and pond bank, and riprap fill in the stream to form a dam that backs up water
into the existing pond and the perennial stream.
On May 8, 2006, Mr. Alsmeyer and I met with Mr. McNally on the site to discuss the
work that has been done. We discussed alternative actions that the golf club could take to keep
water in the pond without damming the stream.
Our inspections reveal that you have undertaken a filling activity within a stream that is
an unnamed tributary to Little Lick Creek. This unauthorized fill activity, without a Department
of the Army permit, is a violation of Section 301 of the Clean Water Act (33 USC 1311).
Based upon our discussions, you have agreed to cease and desist from any further work
within waters and/or wetlands on your property. As we discussed with Mr. McNally, we
recommend that you consult with an engineer to determine the most effective way to restore the
creek bank to prevent additional erosion and break-throughs, as well as, any necessary measure to
meet the golf club's needs at the site, including irrigation water. You should submit a proposed
plan to restore the violation within sixty days from the date of this letter. Legal action will be
suspended pending the outcome of our consideration of your plan.
Please note that failure to honor your agreement to stop all fill activities in waters and/or
wetlands will result in a formal Cease and Desist Notice from our District Engineer, as well as, a
possible referral to the United States Attorney. If factors make it impossible to submit a
restoration plan within sixty days of the date of this letter, you must document the reasons for
delay, and estimate the expected completion time, in writing to this office.
Thank you for your time and cooperation in resolving this matter of importance. If you
have any questions, please contact Mr. Alsmeyer, at telephone [phone], extension 23.
Sincerely,

Jean B. Manuele
Chief, Raleigh Regulatory
Field Office
Copies Furnished:
Matthew D. Galvin
RDC Golf Group
c/o Forsgate CC
375 Forsgate Drive
Monroe Twp., NJ 08831
Allen McNally
General Manager/Superintendent
The Crossings Golf Club
4023 Wake Forest Highway
Durham, NC 27703
United States Attorney
Eastern District of North Carolina
310New Bern Avenue
Suite 800, Federal Building
Raleigh, NC 27601-1461
2
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, NC 27636-3726
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of
Environment and
Natural Resources
1650 Mail Service Center
Raleigh, NC 27699-1650

ffl?WA
NCDENR
Michael F. Easley, Governor
Mr. Ryan Smith
KO and Associates, Inc.
1011 Schaub Dr.
Suite 202
Raleigh, NC 27606
Dear Mr. Smith:
March 24, 2006
IIITTTT"''??? 'o-
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
20061060
RE: Little Lick Creek Stream Restoration at Grove Park Golf Course, Durham, NC
Durham County
The following comments relate to the site visit made by myself and Ms. Amy Chapman
on March 20, 2006. This project is a proposed stream mitigation site for the NC Ecosystem
Enhancement Program for stream/buffer restoration and stormwater Best Management Practice
installation. The purpose of our site visit was to determine which types of stream mitigation
were appropriate for this site with respect to the required 401 Certification for this project.
The site involves Little Lick Creek as it flows through the golf course. We walked the
length of the channel from hole 11 where the project starts to hole 17 where the project ends.
The following discussion concerns stream segments along that transect.
1. Area near Hole 11 and 12 in golf course right of way - This section of the
creek is experiencing some instability and bank failure probably due to the lack of
wooded buffer. Your plans to relocate this section, stabilize banks and plant
woody vegetation (although not trees) seems reasonable. The exact amount of
credit for planting a woody but not treed buffer has not been dealt with by the
PACG-TC but I will refer the issue to that committee for decision.
Il. Wooded area between Hole 11 and 14 - This area is in a mature hardwood
forest. Although there are a few small locations of unstable channels (mostly
where there is active golf course on one side), the vast majority of the channel is
stable with an excellent wooded buffer. Your plans to relocate this channel are
not acceptable to the Division - in short, this channel does not need to be
relocated/restored and we believe that more damage will be done to the channel
if it is relocated. Please develop a modified plan to identify and address the few
locations of severe bank failure with in-place stabilization instead. Also see the
note in item V below for an additional discussion of work in this area.
Ill. Area through Holes 14 and 15 in golf course right of way - Again this section
of the creek is unstable due to the lack of woody vegetation. Your plans to
relocate this section, stabilize banks and plant,woody vegetation (although not
trees) seems reasonable. The exact amount of credit for planting a woody but
not treed buffer has not been dealt with by the PACG-TC but I will refer the issue
to that committee for decision.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650 One
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NorthCaTOlina
Phone: [phone]/ FAX [phone] / Internet: http://h2o.enr.state.nc.usJncwetlands ;Vatzlanally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
North Carolina Department of Environment and Natural Resources
Division of Water Quality

IV. Area between Holes 14 and 15 - This area is dominated by a mature I
bottomland hardwood forest and the stream channel is fairly stable. Again, there
is no reason to do any stream relocation work in this area.
V. Area between Hole 15 and 17 - The stream in this area has been diverted to
run along Hole 16 and the remnant channel is located in the woods. Your plans
to construct a new channel in the woods is not acceptable as we have discussed
in the field since it would disturb a mature hardwood forest. Instead based on
our discussions, a plan to divert flow back into the remnant channel after first
carefully removing the sediment that has filled the channel (back to a typical
cross sectional area) over the past several years would be acceptable to DWQ.
The present channel will then be turned into a linear wetland system to treat
stormwater from the golf course. I have attached a copy of the map for this area
that was attached to the application. The channel appears to have been located
as drawn in yellow on the map you provided to us during the site visit rather than
in the location of the wetland that we saw in the field. Based on this information,
I believe that the wetland is a much older location for the stream channel. If you
would like to review the complete files, please let me know.
VI. Past permitting for the Grove Park golf course - I have examined our project
files for this project (DWQ # 97-0670, 95-1283 and 90-0137). The present
alignment of the stream channel near Hole 16 does not appear on the site plan
and must have been done at a later date. However it appears to me that this
relocation could have been done without needing a 404 Permit or 401
Certification and was therefore probably done legally (although the reasons for
this relocation are not clear). However, the approvals that DWQ gave back in
1990, 1995 and 1997 clearly were issued with a requirement for long-term
protection of the remaining bottomland hardwood forests (both wetland and non-
wetland) on the site in return for allowing the wetland impact to construct the golf
course, roads and homes. This is another compelling reason not to allow
relocation of the channel of Little Lick Creek in the already wooded areas since
they were mitigation areas for our earlier approvals. This restriction does not
apply to the cleared fairways - therefore, stream relocation in these locations is
acceptable (as outlined above).
VII. Credits for the above work - As noted above the PACG-TC has not addressed
the issue of credits for woody, non-treed buffers like the shrub buffer you are
proposing at the golf course crossings. In our opinion, some stream and buffer
credits would be reasonable but not at the full ratio for woody, treed buffers. I
plan to discuss the issue with the PACG-TC in the context of buffer credits and
EEP will then have a programmatic answer to the question. The channel
between holes 11 and 14 will not be relocated. Therefore restoration credits are
not available for this work. If some work is done on selected locations, that may
receive enhancement credit. If work is done to relocate the channel to its original
location between holes 15 and 17, then stream restoration credit and buffer
restoration credit may be given for this work. Again, we believe that channel
relocation is not necessary (and will not be approved) but if the channel is
relocated to its original location (as outlined in V above), the stream and buffer
mitigation credits are possible.

Thank you for the opportunity to review this plan. It is clear that written DWQ approval
for relocation or stabilization of the stream will be required probably under Nationwide Permit
27. If you have any additional questions, please call me at 919-733-9646.
Attachment (to original letter on
Cc: Khristie Corson, Ecosystem Enhancement Program
Eric Kulz, DWQ Raleigh Regional Office
Amy Chapman, DWQ
Eric Alsmeyer, Raleigh Field Office US Army Corps of Engineers
File copy
Central files

KO & ASSOCIATES,1? C.
F
Consulting Engineers
February 8, 2006

20061060
U2@190TL900
FEB 1 0 2006
Mr. John Dorney UENR -WATER QUALITY
Y
Supervisor Wetlands and Stormwater Section *E? D"SANDSTORMW4 g
NCDWQ
Mail Service Center 1650
Raleigh, North Carolina 27699-1650
RE: DENR - Ecosystem Enhancement Program
Little Lick Creek- Stream/Buffer Restoration and BMP Feasibility Study
Mr. Dorney:
Per our conversation on Tuesday, February 7th, I am mailing you a location map and site map of
the Little Lick Creek Stream/Buffer Restoration and BMP installation site. The site is located on
The Crossings Golf Course (4023 Wake Forest Highway, Durham, NC 27703). If you map the
location of the site on the internet do not use Mapquest because it does not give you the correct
directions. I found that Yahoo map is better. The easiest way to get there we have found is to
take 1 40 West toward Durham and get off on Miami Boulevard north. Go until you cross HWY
70 and take your first left onto Mineral Springs Road. Take Mineral Springs Road north to HWY
98 and take a right. Go east on HWY 98 for - 2 miles and the golf course will be on your left.
I am requesting that we conduct a site visit per you suggestion to clarify buffer restoration
questions that we have. The background of the project is as follows. Little Lick Creek was
relocated when the golf course was built to skirt the side of two fairways (as can bee seen on figure
attached). We located the historic channel (shown as a dashed green line on the figure attached)
within the wooded section between the two fairways. Our plan is to relocate Little Lick Creek back
to or close to its historic location in the wooded area.
Our question is can we receive Neuse River Riparian Buffer restoration credits if we relocate the
channel back to the wooded area. We would anticipate not having to plant much of the 50 foot
easement other than the stream banks and probably minor excavated floodplain areas because
the wooded section already contains fairly mature trees.
Please advise as to when you would like to conduct the site visit. We will try to schedule the EEP
project manager (Kristie Corson) to attend the meeting also. If you have any questions or need
additional information, please do not hesitate to give me a call (919.851.6066, ext 137) or e-mail
me at [e-mail].
Sincerely,
Ko & Associates, P.C.
An- v Ryan V. Smith, CPESC, PWS
Attachment
Cc: File

IeP4
1011 Schaub Dr., Suite 202 - Raleigh, NC 27606 - Phone: [phone] - Fax: [phone]

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