19870253 Ver 1_COMPLETE FILE_19870331

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
March 31, 1987
Colonel Paul W. Woodbury
Corps of '1Engineers
P. 0. Box 1890
Wilmington, NC 28402
Dear Colonel Woodbury:
In keeping with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice .... 0203
dated February 12, 1987 which describes a project proposal, with some work
initiated, by Pinewild, Inc. of Pinehurst. The project, involving
construction of two ponds in wetlands is located on a tributary of Joes Fork
Creek near Pinehurst in Moore County.
Based on a coordinated agency review, the state interposes. na* aabjdction
to the project activity nor submits any recommendations. For your
information, a Section 401 Water Quality Certification will not be required
for completed work.
Should you require additional input from the state on this matter, do not
hesitate to contact this office.
Very sincerely,
Jo Parker, Jr.
Inland '404 Coordinator
JRP:jr/aw /
cc: Bill Mills V
DEM-Raleigh
P.O. Box 27687, Raleigh, North Carolina 27611.7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer

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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
February 20, 1987
Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
S. Thomas Rhodes, Secretary
The attached U. S. Army Corps of Engineers Public Notice No. 02 3 dated
2/12/87 describing a project proposed by Pinewild. Inc.
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 3/10/87
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY This office objects to the project as proposed.
Comments on this project---e eee -', Atv 4YAP,-'
This office supports the project proposal.
No comment.
Signed
Date AAs&
Agency
JRP:jr/aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer

0) 3 1987

DIVISION OF ENVIRONMENTAL MANAGEMENT
March 2, 1987
M E M O R A N D U M
TO: Bill Mills
Operations Branch
FROM: M. J. Noland, Regional Supervisor?y/r
Fayetteville Regional Office
SUBJECT: Permit for Placement Fill Material
Pinewild, Inc.
Moore County
The project which involved the construction of two (2) dams
at a golf course at Pinewild, Inc. has been reviewed by the
Fayetteville Regional office. It is not believed that the
project will impact surface waters and since this is an after the
fact permit no further comment is deemed necessary.
If additional information is needed, please advise.
KTS/cbm
!/ , S
41t,
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC087-N-063-0203
February 12, 1987
PUBLIC NOTICE
PINEWILD, INC., Post Office Box 3087, Pinehurst, North Carolina 28374,
has applied for a Department of the Army after-the-fact permit TO PLACE FILL
MATERIAL FOR THE CONSTRUCTION OF TWO DAMS AT A GOLF COURSE IN WATERS AND
WETLANDS OF UNNAMED TRIBUTARIES OF LAKE PINEWILD, ON A TRIBUTARY OF JOES FORK
CREEK, NEAR PINEHURST, Moore County, North Caroina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
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 the applicant has identified only two dams as being in
wetlands. The Corps of Engineers has notified the applicant that an entire
scope of work must be submitted to us in order for us to address all wetland
impacts in one permit application package. The applicant is aware of this and
has requested permits for only two dams; therefore, the Corps assumes that any
other work associated with the applicant's development and golf course will
avoid any and all wetland impacts.
The project involves two separate dams. The first is located on
Fairway 11. The dam is approximately 125 feet long through wetlands. It is
an average of 3 feet high, 10 feet wide at the top, with side slopes of about
3:1.
The second dam is on Fairway 13. It is about 200 feet long through.
wetlands, an average of 5 feet high, 15 feet wide at the top, with side slopes
similar to the first dam. Both dams will have silt fences placed below the
dams, slopes seeded, and a riser and pipe assembly with an outfall through the
dam, emptying onto a riprapped apron in the original channel.
The wetlands being impacted are vegetated with species including sweet
bay (Magnolia virginica), red bay (Persea borbonia), Atlantic white cedar
(Chamaecyparis thyoides), black gum (Nyssa sylvatica), red maple (Acer
rubrum), and (Ilex spp.).
4,
-2-
Some fill material has been deposited in wetlands at each dam site, but,
according to the applicant, was only for the use of construction equipment and
is to be removed in its entirety. The pond sites have been pushed up and
cleared, the total excavation being approximately 1,200 cubic yards. The
creeks and drains to be dammed are for the most part spring-fed and originate
on the applicant's property. Several roads have been constructed throughout
the site, and these cross the drains and creeks which are being considered
under this permit application. The roads seen during the onsite visit were
all culverted and fit under the Corps of Engineers nationwide permit for
"minor road crossings" published in the Federal Register on July 22, 1982,
Title 33, Code of Federal Regulations (CFR), Part 330, and therefore are not
being considered by`this Public Notice. The purpose of the work is to
construct dams to create ponds for a proposed 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
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 may affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973. According to the applicant,
knowledgeable individuals have been consulted with regards to the red-
cockaded woodpecker (Picoides borealis) amd every effort has been made to
avoid any impacts to actual nesting sites and foraging habitat.
t'
Re ;
1
-3-
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
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, flood plain values, 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 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
Wednesday, March 25, 1987.
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 Wednesday, March 18, 1987, Attention:
Mr. William Mills.
"k.
-4-
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.,
Monday, March 16, 1987, or telephone [phone].

Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
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I
L DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890 :t
SAWC087-N-063-0203
February 12, 1987
PUBLIC NOTICE
PINEWILD, INC., Post Office Box 3087, Pinehurst, North Carolina 28374,
has applied for a Department of the Army after-the-fact permit TO PLACE FILL
MATERIAL FOR THE CONSTRUCTION OF TWO DAMS AT A GOLF COURSE IN WATERS AND
WETLANDS OF UNNAMED TRIBUTARIES OF LAKE PINEWILD, ON A TRIBUTARY OF JOES FORK
CREEK, NEAR PINEHURST, Moore County, North Caroina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
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 the applicant has identified only two dams as being in
wetlands. The Corps of Engineers has notified the applicant that an entire
scope of work must be submitted to us in order for us to address all wetland
impacts in one permit application package. The applicant is aware of this and
has requested permits for only two dams; therefore, the Corps assumes that any
other work associated with the applicant's development and golf course will
avoid any and all wetland impacts.
The project involves two separate dams. The first is"located on
Fairway 11. The dam is approximately 125 feet long through wetlands. It is
an average of 3 feet high, 10 feet wide at the top, with side slopes of about
3:1.
The second dam t
wetlands, an average
similar to the first
dams, slopes seeded,
dam, emptying onto a
s on Fairway 13. It is about 200 feet long through
of 5 feet high, 15 feet wide at the top, with side slopes
dam. Both dams will have silt fences placed below the
and a riser and pipe assembly with an outfall through the
riprapped apron in the original channel.
The wetlands being impacted are vegetated with species including sweet
bay (Magnolia virginica), red bay (Persea borbonia),. Atlantic white cedar
(Chamaecyparis thyoides), black gum (Essa slvatica), red maple (Acer
rubrum), and (Ilex spp.).

-2-
Some fill material has been deposited in wetlands at each dam site, but,
according to the applicant, was only for the use of construction equipment and
is to be removed in its entirety. The pond sites have been pushed up`ond
cleared, the total excavation being approximately 1,200 cubic yards. The
creeks and drains to be dammed are for the most part spring-fed and originate
on the applicant's property. Several roads have been constructed throughout
the site, and these cross the drains and creeks which are being considered
under this permit application. The roads seen during the onsite visit were
all culverted and fit under the Corps of Engineers nationwide permit for
"minor road crossings" published in the Federal Register on July 22, 1982,
Title 33, Code of Federal Regulations (CFR), Part 330, and therefore are not
being considered by this Public Notice. The purpose of the work is to
construct dams to create ponds for a proposed 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
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 may affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973. According to the applicant,
knowledgeable individuals have been consulted with regards to the red-
cockaded woodpecker (Picoides borealis) amd every effort has been made to
avoid any impacts to actual nesting sites and foraging habitat.

4
{
A
-3-
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
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, flood plain values, 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 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
Wednesday, March 25, 1987.
. 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 Wednesday, March 18, 1987, Attention:
Mr. William Mills.
-4-
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.,
Monday, March 16, 1987, or telephone [phone].
i
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
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