19890246 Ver 1_COMPLETE FILE_19890101

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street · Raleigh, North Carolina 27611

James G. Martin, Governor
William W Cobey, Jr., Secretary

February 22, 1989

R. Paul Wilms
Director

Pinewild Country Club of Pinehurst
P.O. Box 3087
Pinehurst, NC 28374

Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Temporary Cofferdam
Pinewild Country Club of Pinehurst
Tributary to Joes Fork Creek
Moore County

Dear Sirs:

Attached hereto are two (2) copies of Certification No. 2321
issued to Pinewild Country Club of Pinehurst dated February 22, 1989.

If we can be of further assistance, do not hesitate to contact us.

Sincerely,

/dJtdJ~

~ R. Paul Wilms

cc: Wilmington District Corps of Engineers
Fayetteville Regional Office
Mr. William Mills
Mr. John Parker

Po. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733,7015

An Equal Opportunity Affirmative Action Employer

..- . - ---

NORTH CAROLINA
Moore County

CERTIFICATION

THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Pinewild Country Club of
Pinehurst pursuant to an application filed on the 17th day of January,
1989 to construct a temporary coffer dam in a tributary to Joes Fork
Creek for irrigation.

The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of a tributary
to Joes Fork Creek in conjunction with the coffer dam in Moore County
will not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies
that this activity will not violate Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conducted in accordance with the application
and conditions hereinafter set forth.

Condition(s) of Certification:

1. At such time as the coffer dam is removed, the
activity shall be conducted in such a manner as to
prevent significant increase in turbidity outside
the area of construction or construction related
discharge (increases such that the turbidity in
the Stream is 50 NTU's or less are not considered
significant).

2. That the coffer dam be removed once sufficient
water is available from Pinewild Lake for required
irrigation.

Violations of any condition herein set forth shall result in
revocation of this Certification.

This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.

This the 22nd day of February, 1989.

DIVISION OF ENVIRONMENTAL MANAGEMENT

~/JUb

~. Paul Wilms, Director

wQCff 2321

~~...,-

State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street · Raleigh, North Carolina 27611

James G. Martin, Governor
William W Cobey, Jr., Secretary

R. Paul Wilms
Director

February 22, 1989

Pinewild Country Club of Pinehurst
P.O. Box 3087
Pinehurst, NC 28374

Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Temporary Cofferdam
Pinewild Country Club of Pinehurst
Tributary to Joes Fork Creek
Moore County

Dear Sirs:

Attached hereto are two (2) copies of Certification No. 2321
issued to Pinewild Country Club of Pinehurst dated February 22, 1989.

If we can be of further assistance, do not hesitate to contact us.

Sincerely,

I. If ~L n .-
~~

~ R. Paul Wilms

cc: Wilmington District Corps of Engineers
Fayetteville Regional Office
Mr. William Mills
Mr. John Parker

Po. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

An Equal Opportunity Affirmative Action Employer

~~ . "

,i

NORTH CAROLINA
Moore County

CERTIFICATION

THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Pinewild Country Club of
Pinehurst pursuant to an application filed on the 17th day of January,
1989 to construct a temporary coffer dam in a tributary to Joes Fork
Creek for irrigation.

The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of a tributary
to Joes Fork Creek in conjunction with the coffer dam in Moore County
will not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies
that this activity will not violate Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conducted in accordance with the application
and conditions hereinafter set forth.

Condition(s) of Certification:

1. At such time as the coffer dam is removed, the
activity shall be conducted in such a manner as to
prevent significant increase in turbidity outside
the area of construction or 'construction related
discharge (increases such that the turbidity in
the Stream is 50 NTU's or less are not considered
significant).

2. That the coffer dam be removed once sufficient
water is available from Pinewild Lake for required
irrigation.

Violations of any condition herein set forth shall result in
revocation of this Certification.

This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.

This the 22nd day of February, 1989.

DIVISION OF ENVIRONMENTAL MANAGEMENT

~~

~. Paul Wilms, Director

wQCII 2321

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State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street. Raleigh, North Carolina 27611

James G. Martin, Governor S. Thomas Rhodes, Secretary
January 12, 1989

Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611

Dear Hr. Wilms:

The attached U. S. Army Corps of Engineers Public Notice No. 0112 dated
1/5/89 describing a project proposed by Pinewild Country Club
is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.

Please indicate below your agency's position or viewpoint on the proposed
project and return this form by 2/3/89

Very sincerely,

~,,~~~

JoHn R. Parker, Jr.
404 Coordinator

REPLY

This office objects to the project as proposed.

Comments on this project are attached.

__________This office supports the project proposal.

No commen t.

Signed

Date

Agency

JRP:jr/aw

Po. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

An Equal Opportunity / Affirmative Action Employer

..

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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890

SAWC089-N-063-0112

January 5, 1989

PUBLIC NOTICE

PINEWILD COUNTRY CLUB OF PINEHURST, Post Office Box 3087, Pinehurst, North
Carolina 28374, has applied for a Department of the Armyafter-the-fact
permit TO AUTHORIZE THE PLACEMENT OF FILL MATERIAL IN A LAKE ON A TRIBUTARY OF
JOES FORK CREEK, IN THE PINEWILD DEVELOPMENT, NEAR PINEHURST, MOORE County,
North Carolina.

This public notice does not imply,
or other agencies, either favorable or
performed; but it is issued to solicit
which a final decision will be based.
the outcome of this consideration.

on the parts of the Corps of Engineers
unfavorable opinion of the work
comments on the factors listed above on
Legal action has been suspended pending

The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show that a coffer dam approximately 200 feet long by 55 feet wide
(at the bottom, 12 feet wide at the top), and 12 feet high, ,has been
constructed in the temporarily drawn down lake. This activity involves the
placement of approximately 2,100 cubic yards of sand-clay fill material below
the plane of ordinary high water.

The lake has existed for several years. It has recently been drawn down
in order to carryon construction activities for the Pinewild Golf Course and
residential development, and to repair and upgrade the main dam. A faulty
gate has allowed more water to escape, causing the very low levels present
earlier in the year. Because the applicant's construction practices require a
significant amount of water, especially for the golf course's grass, the
coffer dam was built to create a source of temporary water storage. No
vegetated wetlands were filled at the onset of this project, although some
vegetation has emerged due to the low water level. The applicant states that
the dam will be removed in its entirety as soon as the lake level returns to
a sufficient level to continue ongoing irrigation, probably March or April of
1989. All spoil material will be placed directly on a high ground, stabilized
disposal site. The purpose of the work is to construct a coffer dam in order
to create a source of temporary water for irrigation of a golf course. Plans
showing the work are included with this public notice.

The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No

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Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.

This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be' held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.

The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.

The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.

The decision whethar to issue a permit will be based on..gn evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant In each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a

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permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.

Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.

Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.

The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
January 30, 1989.

All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before January 24, 1989, Attention:
Mr. William Mills.

Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 ~.m.,
February 6, 1989, or telephone [phone].

; -,-'

LOCH

PINEWILD LAKE

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DIVISION OF ENVIRONMENTAL MANAGEMENT

January 24, 1989

MEMORANDUM

TO:

FROM:

SUBJECT:

Bill Mills
Permits and Engineering r A !

M. J. Noland, Regional superVif#or rj/~
Fayetteville Regional Office 1('

401 Certification
Tributary to Joes Fork Creek
Pinewild Development
Near Pinehurst, Moore County

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The subject project involves the construction of a temporary coffer dam
in a tributary to Joes Fork Creek in Moore County. The purpose of this
construction is to maintain a source of irrigation water for the development
of a golf course in the Pinewild Country Club of Pinehurst. Pinewild Lake,
which is normally used for this irrigation, has been drained in order to
complete repairs to the lake dam. The coffer dam was constructed in the dry
lake bed in one of the stream channels tributary to Pinewild Lake. An earthen
dam, approximately 200 feet long and 55 feet wide at the base, maintains a
sufficient pool in the tributary for irrigation purposes. No excavation of
wetland is indicated. Developers have indicated that this dam would be
removed as soon as the level of Pinewild Lake returns to near normal. No
erosion or sedimentation measures have been addressed, and little impact would
be expected from such a project.

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It is the recommendation of this office that the appropriate certifica-
tion be issued, including the following condition: At such time as the
removal of the coffer dam becomes necessary, measures shall be taken to limit
turbidity of Pinewild Lake to no mOre than 50 JTU's during the period of this
activity.

MJN/KA!tf

If additional information of clarification is required, please advise.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P,O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890

January 11, 1989

IN REPLY REFER TO

Regulatory Branch

SUBJECT: File No. CESAW-CO-89-N-063-0112

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'JAN. 1';,;"

Mr. William Mills
Water Quality Section
Division of Environmental
North Carolina Department
Resources and Community
Post Office Box 27687
Raleigh, North Carolina

\VP~Tt.R C: 1
CJeE~~P\';-i(J!'\i:~~. E.,.:;~ ;J.;l\j:,,",,~-~

Management
of Natural
Development

27611-7687

Dear Mr. Mills:

Enclosed is the application of the Pinewild Country Club of Pinehurst for
an after-the-fact Department of the Army permit and a State Water Quality
Certification to authorize the placement of fill material in a lake on a
tributary of Joes Fork Creek, in the Pinewild Development, near Pinehurst,
Moore County, North Carolina. Your receipt of this letter verifies your
acceptance of a valid request for certification in accordance with Section
325.2(b)(ii) of our administrative regulations.

We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.

In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore, if you have not acted on the request by March 1, 1989, the District
Engineer will deem that waiver has occurred.

Questions or comments may be addressed to Mr. Jeffery Richter, telephone
[phone].

Sincerely,

~et~

C9hief, Regulatory Branch

Enclosure

Copy Furnished (without enclosure):

Mr. John Parker
Division of Coastal Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687

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DEe 2 I 1986

PER,.UT TO EXCA V A TE AND1Qtt FILL
EASEMENT IN LANDS COVERED 3V WAna

AJIPlICA TION
FOIl REGULATORY BRANCH

WA TEIt QUAUTY ClRTIFICA TION

CNotA PERMIT FOR MAfOA OlWLOPMEH'T

~., AcI",1IIiIUadoft
(GS 1....12)

5......' NorUI ~
~. 01 Nacunt R_..... CoM_I", O_.......,.c
(GS 11)'22J. 14)0215.3(110). 1")'2U.3(cl. 11:1A.nl

~l 01 1M AIWlY
CorlN" E,......., WII........ 0....
(33 en 209.320.32'1

.....type or print Jnd 'HI in MI ~ankL If inlonNtioft I. not IPpll~". 10 indicate by ... H/A ,n blMIc.

I.

AtlPicantlnfonNtion
~ N~ Pinewild Country
LJU
B. Addreu P.O. Box 3087

Club of Pinehurst
Firu

Middle

Pinehurst
("IV ~r Town

Slreet, P 0 BOI f'lI Route
North Carolina
SUtt:

28374
lip Code

295-5700
Phone

II. LAcatlon 01 PropoMd Prolect.
A. County MOON!
8. 1. City. town, tommunity or IJndmJrk
2. II propoWld work within tltv limtl\? Ye, _No ..L-..
c. Crnk, river. )QUnd or bJY upon wtuth prole't II locJttd or nUleU nJmed bod\l 01 water 10 projecl
Joes Fork Creek

Pinehurst, North Carolina

III. Oetuiption of Project
~ I. MaintCftJnctofcl'ItlnlPfOlect 2. NewwOl'Ir. Coffer Dam on Lake
8. Pur~cn. of uCJvalion or fill
,1. Acc;eu thJnnel lenlth wldlh d~lh
2. 80Jt buin lenllh Width depth
3. fill Jru Coffer Dam lenlth 200 width *55 decuh 12
4. Other le"lth WIdth depth
C. 1. BulkheAd lenlth N / A AY~JCe diuance wJterward of MHW hncreilnel N / A
2. Type of bulkhud conmutlion (m~lerIJII N/ A
D. EllUVJCcd mJterlJI (loullor prolectl
1. CubIC y~rds 2970 2. Typr of malr.fIAl Sand-cl av
E. fill m~le,.~lto be ol.ced below MHW (\I:e JI\o VI A)
1. Cubic y~rds 2.lo~ 2. Type of mJltll41 SA.oo..lcl-c..\~~

IV. LInd Ty~. Oilpoyl Area. Jnd Cn",uuclion EQUipment
A. Don the ~'eJ tu be CllCJ~Jlel.lln<.lul.le ~n\l m4'shl~nd, \Wimp\ or oCher weiLAnd' Yes _ No X
B. Ooc\ Ihe dlwn\.ll 4'C~ ,"clude .n\l m4/\nlJnd, \....Jmp\ ()r Ulhe, wtltJnd' Yel _ No X
, ,
C. Disooul Are.
1. LOCiCiM N/ A
2. 00 you ct.lm IIlle In dlspoul iru' N/ A

D. fill mollt'/IJI \,'U1<.C ,f 1.111\ II) br I",<.ked In ~I / A

E. How "'III Cll<'Jyah'O m~I'="JI be tn"4C'ped 4nd tlO\IOn <.onllllllr.d' N / A

f. TypcolCQUlpm('nlltlhc.'u\ecJ AlrPrHly in olace
G. Will m.nnlind lu c'n\\l:d ,n I,an\portlng equlpmrnl 10 prOtett \lle) If \/t'\, upla,n N/ A

* Bottom width 551 top width 12'

D6'~1
1tw.10(1'

Y. L I ~ ","oI~A-.(~l
A.1.rnw.
2. c..-wcid
1. ........ 0. . u "*" 011 I~
... Odw

Golf Course Development

.. 1. Loc .u.(,) 3/4 Acre +

2. ~ of lods) *" fMM ~ wlbf
1. SoIl.,... and WI"'" San d V - loam
4. T~sw 01 buildin. fKilIUfl or Uluc:ur", Coffer Dam for i rri Qtlti on pll rp()~~~

S. Sew. dilOQW Utd/or WAitt wuer uaAUrleftl A. biwM X
I. Oc$uibc Gravi tv sewer and ollmp; no ~ttlti ons
6. Und t:lu"fi~lIl)tl (clr,l. roM) DEVELOpf.D TR"!'f~:I fl'JI'..1.:.
CONSE R v A T10'~ nTH~ ~
VI. hruiftinc to F ill ~ ..... ~t.,. Q\Uhty
A. Does the prooowd Ort'lttt :r:llolve I"" olxcment (If nil ""uo!ri.." htt(,... .....11. !1I2h ".ler? Y~L-No_
.. 1. Will AftY runoff 01' dl\CtlAriC ente, ~~"t -'itef\.as.. re1Ufl of I'rOle't KllvilY CM' p.""ned uw 01 the
II'Q follo....inl proleet comoletion' Yft_ No +-
2. TycM of di~4r.. N / A
], Louuon of di\Ch..r~ N / A
VlL ....... '~fAI of snontine et~ lif kno-nl: Not known
VUL UII permit numbers V\d iuuc cUtes of p,."ious Deoan",."t 01 A,my c-,. of E........ . SU.. pelmica fot
....In SWo;.ct IIU, if JOOIiable:
IX. u..m" dIM ~nd to COfftoMte lItOtect: A 1 readv in 01 tlee
X. ......... to 1M ~ted AOOticalOfl fetm. ttM lahw~ ltatN ft'lUIt be l"OWWId:
A. AuMn .. COO'( of the ~ (with 5uta _oliution OIllvl 01 ,otMr InWWMftt under wtuch IOO4lCM1t
daim,litle to lhe ,,"eeled orooertv. OR If JOOIicMtt" nol cwminllO be the ow,. 0/ WId prOC*l't.
theft forward. 'OOV of the deed Of odMr ImtrUtNftt under wftic:l'lltt. OWMt' ,Ilim. lide plus Wfillaft
permi"io" from lh. o...nc' 10 (U,"" out thl ,foicct Oft his I.."d.

PIMfI_

CO"''''UNITY RURAL
_ (Sec CAMA Loc.aJ und U....,an SvnG4ttit)

.. AUJdI ~n xeunle work Olit dr.....n 10 \C~le on 8'1, X II" -nnl p.oer (we in'trut.lJon hooklet (Of
deUilsl. NOle: O"Si"., d,..""I".I pnl(errtd . only h,,," quollity COplC"l .".oted.

C. A COOy of tM mOhYlIOn .nd 0111 mu\l be lMYed UDOIl ~ixant rlO""." l.andownels by ,e,,"lred Of
certified miil or by ,,"010'''1 Ion (G.S. 113- 229 (dllE.ncer cUle ~ed "1/ A

D. Lis. n.lme\ .fleI comelete .ddrt\Y1 of thl tlO""" lutdownen wllh "rOCMrly Jdiointna..,..IiCJnl',.
Suctl ~\ h.lveJO d.,,\ In ...h'ch 10 ,,,b,"1I 'OI"",.nl\ to ."ne'ft liseed~.
N/A

XL

Ctnifiution requiRfOWfte: I CIr,lfy Ih.t to Ute !)est of my kno....ledp. the proDoiotd ~'ti"'IlY complies
"''''the SUtl of North c.uoltn.&~ ~""o"ed c~"al manu.mene or~Jm ~nd will be ~ndu'ted in ..
tIYI'NWr consistenl ...ith \Ucn pro.um.

XIL

A"V perm.t 1\\lJed pur\U4nl to thit .lOoltueiofl ...ill ,,!!o... only tll. devclooment de1Ctibed In "'is .ppli
Qtion..nd Dl.t. "o~iu"I\ should therefor. dnc.ri~e in the .lOOli~lion pl.1I ~nll P.11.d drv'"
~t XlivitlCS, includinl con\lru,:io". Illc.1Vlltion. fillinL .nd I.. I inc.

DATE

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LOCH

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PINEWILD LAKE

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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890

SAWC089-N-063-0112

January 5, 1989

PUBLIC NOTICE

PINEWILD COUNTRY CLUB OF PINEHURST, Post Office Box 3087, Pinehurst, North
Carolina 28374, has applied for a Department of the Army after-the-fact
permit TO AUTHORIZE THE PLACEMENT OF FILL MATERIAL IN A LAKE ON A TRIBUTARY OF
JOES FORK CREEK, IN THE PINEWILD DEVELOPMENT, NEAR PINEHURST, MOORE County,
North Carolina.

This public notice does not imply,
or other agencies, either favorable or
performed; but it is issued to solicit
which a final decision will be based.
the outcome of this consideration.

on the parts of the Corps of Engineers
unfavorable opinion of the work
comments on the factors listed above on
Legal action has been suspended pending

The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show that a coffer dam approximately 200 feet long by 55 feet wide
(at the bottom, 12 feet wide at the top), and 12 feet high, has been
constructed in the temporarily drawn down lake. This activity involves the
placement of approximately 2,100 cubic yards of sand-clay fill material below
the plane of ordinary high water.

'The lake has existed for several years. It has recently been drawn down
in order to carryon construction activities for the Pinewild Golf Course and
residential development, and to repair and upgrade the main dam. A faulty
gate has 'allowed more water to escape, causing the very low levels present
earlier in the year. Because the applicant's construction practices require a
significant amount of water, especially for the golf course's grass, the
coffer dam was built to create a source of temporary water storage. No
vegetated wetlands were filled at the onset of this project, although some
vegetation has emerged due to the low water level. The applicant states that
the dam will be removed in its entirety as soon as the lake level returns to
a sufficient level to continue ongoing irrigation, probably March or April of
1989. All spoil material will be placed directly on a high ground, stabilized
disposal site. The purpose of the work is to construct a coffer dam in order
to create a source of temporary water for irrigation of a golf course. Plans
showing the work are included with this public notice.

The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No

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Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.

This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
.particularity, the reasons for holding a public hearing.

The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.

The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.

The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. EvaluatIon of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant In each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
~ay be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetic~, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, 'water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activitIes involving the
placement of dredged or fill materials in waters of the United Sta~es, a

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permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.

Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.

Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, SalIsbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.

The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
January 30, 1989.

All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before January 24, 1989, Attention:
Mr. William Mills.

Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
February 6, 1989, or telephone [phone].

LOCH

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PINEWILD LAKE

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