19991233 Ver 1_Fax_20000615

Jun 15 '00 8:06 P.01/09
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From,,
Division:
Section
A.:• .
NR
jMCDE
North Carolina Department of
Environment and *Natural Resources
Mooresville Regional Office
. 919 'North Main Street
Mooresville, North Carolina 28115
Phone; 7041663-1699
'Fax; 7041663-6-049---..,,\

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Fax Number ?3 Number of pages (rtr?luoing cover):

Jun 15 '00 8:06 P.02/09
June 9, 2000
MEMORANDUM TO: Tommy Stevens
FROM:
D.. Rex Gleason
SUBJECT: Hearing Officer's Report
Bluegreen Corporati.
Harris/Davis Love Golf Community Project
Chatham County, North Carolina
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Attached is my report on the Public Hearing hel on. April 27, 2000, regarding the
issuance of a 401 Certification for wetland/stteam im is related to tye t project.
The proposed project entails the construction of a g course and 516 mily
dwellings on a 598-acre track of land. During the evelopment of the approximately 1,015 linear feet of stream and 0. 3 acre ofwetlands pacted.
Approximately 72 people attended the hearing, , ncluding six DWQ staff. Twenty-three
people provided comments. The hearing. reco d was closed on May 29th in order t ,
receiv ad "tio tte lcgmments. -? siavl ?yu-e W?q 1.1i "? 6
Most of the co ents were in oppositi to the project, d covered a wide range U?QiVt?.
of concerns. Due to the size of the project and its proximity to Jordan Lake, many
comments centered on the impact to the lake. However, due to the slope of the land and
the type of soil and bedrock, concerns also related to the impact to both surface and
groundwater that may result from. the spray irrigation of wastewater, the application of
fertilizers, herbicides/pesticides and other toxic chemicals to the golf course. Concerns
were also expressed about sediment runoff from the c:to (11minv_ construction. Due to the
steep slopes. and hilly terrain, some commentators envisioned considerable earth
disturbing activities so as to "flatten" the ground where greens would be located, thereby
reducing the depth to the "fragile" bedrock and groundwater table.
Apparently this is the .first golf course/residential community to be built near/on
,the shore of Jordan Lake. I understand the concerns presented during the hearing
process, however, not all of the comments related to the wetlands/stream impact issue of
whether the state should issue a 401 Certification.
The
1 Certification application for this project reflects impacts of. 0.413 acre of
/P
.44 wetlands and 1,015 linear feet of stream, including 639 linear feet for the construction of
an irrigation pond and 376 linear feet required for two road crossings. In order to (better)
famiriliarize rhyself with the project, I visited the site on May 18''. Based on my review of
the comments, plus my personal observations, t find no reason to deny issuance of the
401 Certification. It should be noted that the applicant has also satisfied the
Wetlands/40.1 Group as regards efforts to avoid, minimize, and mitigate impacts to
stream /wetlands. It is, therefore, my recoznmendation'that the 401 Certification be
Jun 15 '00 8:06 P.03/09
issued.. he attached draft/supiested. 401 Certification includes conditions recommended `
by the Divisionland the hearing officer. Hopefully these conditions will allay concerns
expressed'at the hearing.
If you have any questions regarding this matter, please advise.
i
Jury 15 '00
HEARING-OFFICER'S REPORT
401 Water Quality Certification
Bluegreen Corporation
Harris/Davis Love Golf rnr»mti}„ity
8:07
P. 04/09
i .
At the request of Kerr T. Stevens, Director of the Division. of Water Quality of the
Department of Environment and Natural Resources (Division), a public hearing was held
on April 27, 2000 to obtain public comments pertinent to the issuance of a 401. Water
Quality Certification for wetlands/stream impacts at a proposed golf course/residential
community in Chatham County, NC. The hearing was held at the Chatham County
District Courthouse in Pittsboro. The hearing was called to order at approximately 7:00
pm on April 27, 2000, and the record of the hearing was closed at 5:00 pm on May 29,
2000. Mr. Rex Gleason, Water Quality Regional Supervisor in the Division's
Mooresville Regional Office, was appointed Hearing Officer to preside at the hearing.
Mr. David'Penrose with the Division's 401/Wetlands Certification Unit presented an
explanation of the 401 Certification process. Also in attendance from the Division were
John Dorney, Cyndi Bell, 'Steve Mitchell and Beth Barnes.
There, were approximately 72 people in attendance at the hearing, including
Division staff. Twenty-three people offered oral comments.
Following the opening of the hearing and an explanation of the purpose of the
hearing by the hearing officer,-Mr. Penrose provided an explanation of the 401
Cettification.process. Mr. David Edwards and Mr. ivwrx Asbness, representing the
applicant, Bluegreen Corporations., were called on to explain the project and measures
proposed to prevent/reduce impacts to wetlands and streams. Following Messrs.
Edwards and Ashness, comments were received from those in attendance that desired to
comment on the proposal. The following is a discussion of the comments received, A
summary of each individual's comment is not provided since most of those opposing the
project basically had similar concerns. Therefore, thefollowixg summary limits
discussion to the major concerns of those presenting comments.
Lr
DESCRIPTION/SCOPE OF PROJECT k Vil-0
Mr. David Edwards and Mr. Mark Ashness with Bluegreen Development dr
,presented a'discussion on the protect. Basically the proposal is to develop a golf
course/single family dwelling residential community on a 598-acre tract of land off g
Woods Road near. Jordan Lake in Chatham County. During the development of e
project approximately 1,015 linear feet ofstream and 0.413 acre of wetland 1 be
impacted. The impacts will result from the construction of road crossings of streams and
stormwater structures at release points from the site. The use of the land for the golf
course community has been approved by Chatham County, following several public
meetings and hearings, In order to provide protection from runoff into surface waters and
adjoining property the site will be surrounded by an undisturbed buffer. There will also
be stormwater structures (ponds/filters) const,. -' ° , points from the property to
prevent an,y,direct discharges from the property. The ponds will be designed to retain and
Jun 15 '00 8:07 P.05/09
store a one=inch rainfall from impervious surfaces instead of the one-half inch: required
by Chatham County. A creek that flows through the center of the property will also have
a 100-foot wide buffer (requested by the Corps of Engineers). Over fifty percent of the
property will be retained in open space, with no disturbance to at least 25 percent,
excluding property for home sites. The development has, received an erosion control
permit to clear, grub and grade roadways and golf course areas Water for the
community will be provided by the county, and wastewater will be treated on-.Site to 4
reuse requirements for dis
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COMMENTS FAVORING THE PROJEC`1'
Besides the contmments made by the develo
ers
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,
ere were two ot
ers speakers
that stated-their outright approval of the proposal, saying that the project would be good tv.ld
for the axes, including Jordan Lake, and that the development could result in improved
roads around th
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e area.
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ivens,. Chairman of the Chatham County
Commissioners, advised that the subject project met all the requirements of the County,
and that the C
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ven its approval. s
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COMMENTS OPPOSING THE PROJECT ,w,otahii d???
Although there were:speakers that opposed the entire project/co ept, most were S;u eP.
concerned about the impact of the project on the environment, parti rly surface and
ground waters, and the loss of habitat and canopy. Runoff from the olf course that
would be high in nutrients and herbicides/pestici.des (and other s) plus sediment
would enter Jordan bake, which has a WS-IV, B, CA classification and is also designated
as Nutrient Sensitive Waters (NSW). The impact on fishing, swimming, and other
recreational activities was of major concern, particularly considering the NSW
.
designation. Likewise, the impact on groundwater from the nutrients,
herbicides/pesticides, etc., applied to the land was an issue for people living around the
site who depend upon wells for their drinking water. There were also major concerns
about the overall suitability of the site for a golf course due to the steep slopes and hills
on the site. Because of this it is believed that a 1:Uti?luv44Wte amount of grading would be
necessary to "flatten" the surface for greens and fairways, resulting in reduced cover to
bedrock and groundwater table. The sediment created from the grading would/could also
impact streams/wetlands if the runoff is not properly controlled. Concern was also
expressed regarding spills of raw wastewater from the:on-site wastewater
collection/treatment facilities, and the need for monitoring of stormwater leaving the site.
Part of the project proposal is to construct a dam on a creek that flows through the center
of the property. The need to maintain a minimum flow of water in the creek below the
dam was a concern.
DISCUSSION
Based on a review of the comments received from those opposing the project, it is
apparent that wetlands/stream-impact is not the only issue of importance. Many of the
concerns expressed at the hearing do not fall within they scope of the 401 Certification
pruccss. Matters related to sediment runoff from the site during earth disturbing activities
are reviewed and approved by the Division of Land Resources through an Erosion and
Sediment Control Plan. Matters related to the spraying of treated wastewater onto the
Jun 15 '00 8:08 P.06/09
golf: course for irrigation purposes are reviewed and approved through the Division's : .
Non-discharge Permitting Unit. Matters related to the use of the subject site for a golf
course/single family dwelling community are reviewed and approved by the County
having jurisdiction over the watershed in which the project'is to be built, Any decision
made by the Director must consider whether avoidance, minimization and/or mitigation
proposed by the developer satisfies the intent of 15A NCA.C 2H .0500. As previously set
forth in this report, 1,015 linear feet of stream will be impacted by the project. It should
be noted that the 0.413-acre of proposed wetland impact represents the area of the
streams that will be impacted and is not in addition to the 1,015 feet of stream impact. A
review of the project by the Division's Groundwater section resulted in a ,? ?,
recommendation that any fill material be of such duality that it shall not create a QdC .,
contravention of the 15A NCAC 2L .0200 Groundwater Quality Standard.
CONCLUSIONS
Actions to avoid, minimize and mitigate wcua"/stream impact have been
proposed by the developer, and have been thoroughly reviewed by appropriate Division
staff and the hearing officer. The comments received;at the hearing basically reflected an
overall concern about the size of the development and whether there could be adequate
controls over sources of pollution (such as the chemicals applied to the golf course, the
wastewater collected and treated and ultimately disposed on the golf course, and the
sediment and erosion that would occur during the construction of the project, etc.). The
lack of adequate controls and monitoring of these controls could result in the impairment
to the waters of the state expressed at the meeting. However, based on the proposal
presented by the developer it appears that the project can be constructed with adequate
controls and monitoring to assure that surface and ground waters are not impaired by the
project, except in those areas allowed by the 401 Certification. The impacted areas have
been minimized and the developer has agreed to contribute to the Wetlands Restoration
Program to compensate for the impacts to the stream/wetlands noted above.
RECOMMENDATION
;Based on a review of the continents received as well as the Division's review of the
application and supporting material, it is recommende4 that a 401 Certification be issued
to Eiluegreen Coxparation. The attached suggested/draft 401 Certification has been
prepared to included appropriate provisions/conditions recommended by the Division and
the hearing officer. 11
Jun 15 '00 8:08 P.07i09
State of North Carolina
Department of Environment
and Natural. Resources
bivtsion of Witter Quality
.James B. Hunt, Jr., Governor
Blil Holman, Secixtary
Kerr T. Stevens, Director
Mr. David Edwards
Chatham county
DWQ Project #991233
APPROVAJL, of 401 Water Quality Certiftcadon and ADDMONAL CONOMONS, WRP
Bluegreen Corp.
_1
451 River Rouse Road `'P?J
Bolivia, NC 28422 p?
' 1r O ,3?? Q ?? ? ?
Dear M. Edwards: 1.
You e. our approval,.' rdance with the attached conditions and those listed below, to
impact ear.feet of streams for the purpose of constructing a residential
and golf eowse community at the s TYact on Big W , s R W: (SR1.716) near 7ordan Lake in Chatham!
County, as you described in yow application dated November 5, 1999. After reviewing your application,
we have decided that this impact is covered by General Water Quality Certification Numbers 3102, 3103
and 3108. This certification allows you to use Nationwide ftvO Numbers 13,14 and 26 upon issuance by
the Corps of Engineers. In addition, you should get any other federal, state or local permits before you
proceed with.your project (including, but not limited to Sediment, and Erosion Control, Coastal Stormwater,
Non-Discharge, and water supply watershed). This approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application,
unless revisions are Proposed to further reduce wetlands or stream impacts, and as modified below. If you
change your project, You must notify us and you may be required to send us a new application for a new
Certification.- If the property is sold, the new owner must be given a copy of this Certification and approval
letter, and thereby becomes responsible for complying with all conditions. If total wetland !ills for this
Project (now. or in the future) exceed one acre, compensatory mitigation may be required as described M
15A NCAC 2I- 0506 (h). For this approval to be valid, you must follow the conditions listed in the
attached certification. and any additional conditions listed below:
Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional
wetlands and waters to notify the state ja u: ?..., assure compliance for future wetland
and/or water impact. These mechanisms shall be put in place within 30 days of the date
of this letter or the issuance of the 404 Permit (whichever is later),
A final, written stormwater management plan nand! be approved by this Office before the
impacts specified in this Certification occur. The stormwater management plan must
include plans and specifications for storutwater management facilities designed to
IV

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NCDENR
NORTH CAROUNA DMIARTWNT OF
ENMRONMENT AND NATURAL Resmptces
NT remove 85% TSS according to the most recent version of the NC DENR Stormwater Best
A/
Jun 15 '00 8:09 P.08/09
2,
Management Practices Manual. A separate management plan must be proposed for the
club house site. Also, before any permanent building is occupied at the subject site, the
stormwater management;facilities, as approved by this Office, must be constructed and
operational, and the stormwater plan, as-approved by this Office, shall be implemented.
Additional written approval. is needed from DWQ for a mid-column, minimum flow
(7Q10) release plan from all on-line -',-a4ement devices, particularly the
pored at site A_
Sedimentation and Erosion Control measures designed to meet High Quality Water
standards must be designed, constructed and maintained properly for the entire site. A
revised Sedimentation and Erosion Control Plan must be submitted to the N. C. Divisio
of Land Resources ( attn: Ivtr. John Holley, Raleigh Regional Office) and be approved
before additional land clearing occurs.
There shall be no direct discharge of stormwater from any on of the golf course to
any stream. der-
Constructed wetlands or ponds must be constructed o three tributaries before the
tributaries exit the site. Written DWQ approval is aired for these piaqs, Construe
wetlands must be built where construction is f e. KV W
A minimum 30-1oot vegetation buffer must be Ilshed and p al all
s e most recent v ion of the USES 1: scale 44
topographic map (aplnoximatel f the cros " No" S) and along 7
streams determined to be Perennial by USGS methodology. WQ shall be copied with
this plan written 90 days of the date of this Certification. This submittal must include
written conformation from Chatham County regarding perennial stream buffers for their
Water Supply Protection Ordinance. Development in this buffer zone shall be limited to
water dependent structures or as otherwise outlined in 15A NCAC 2B.0216(3)(b)(1)(G).
8. , Tree removal within 30 feet of stream channels shall he restricted to road and golf
fairway crossings in order to protect the temperature water quality standard
9. Written DWQ approval is required for a water quality monitoring plan for water
chemistry, macrobenthos and physical parameters directed at TSS, temperature and
'dissolved oxygen for all perennial streams at the site boundaries when charnel flow is
yv) present This monitoring plan must continue Yor at least 5 (five) years after all'
construction is completed on the development. 71wee copies of the amnral monitoring
reports must be? sent to DWQ by April 1' of each year. Remedial actions to correct any
identified exeeedaneepf water quality standards must be proposed by the applicant in
_ these reports and, when approved by DWQ, implemented by the applicant.
10" A non-discharge permit for the wastewater/golf course application must be received from
(j (
the DWQ before construction begins. 19Z
We understand that you have chosen to contribute to the Wand Restora 'on Program in
order to compensate for these impacts to wetlands and/or . In accordance with 15A NCAC
2R.0402, this contribution will satisfy our compensatory mitt 'on requirements under 15A
NCAC 2H .0506(h). According to 15A NCAC 2H ,0506(h), feet of restoration will be required.
Until the Wetland Restoration program receives and clears your check (made payable to: DENR -
Wedand Restoration Program), wetland or stream fill shall not occur. I& Ron Ferrell should be
contacted at 919-733-5093 en 358 if you have any questions concerning the Wetland Restoration

" 1
Program. You have one month from the a this grcation to make this payment1?B`1
oa--d A V^ ,41A4
h'o _ fig" p_urposes,?is Certification authorizes Se impact of;
jtr feet nn
?eC/•
Of stream% 0 river basin ands ibbasin and linear feet of street restorationip is,
Please be awe that the Wedsmd Restoration Prpgr (WRP) rules require rounding of
acreage amou to m"uarter acre increments (1 2R .0503(b)).
If yo do not accept any of the conditions of s certification, you may ask for an
adjudicatory g. You must act within 60 days of a date that you receive this letter To ask
fora h send a written petition, whichr..nn*?-^ >^?Pr 1548 of the North Carotin:
Jun 15 '00 8:10 P.09i09
Gmaw Statutes .to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611..
7447. This certification and-its conditions are final and binding unless you ask for a hearring.
This letter completes the. review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646.
Sincerely,
Koff T. Stevens
Attachment
CC:. Corps Of Engmeors Raleigh Field Office
Raleigh DWQ Regional Offico
Ron Ferrell: Wetland Restoration Program
Kevin Martin; Soil A Environmental Consultants
Diana Haywood; Haw River Assembly
Chatham County water supply Ordinance
Public hearing attendees
File Copy
Central Files
Todd St John
. 1