19930997 Ver 1_COMPLETE FILE_19930617

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 7, 1994
XFO, !;*TAA
?EHNR
Mr. Michael Stocks FILE COPY
Appian Consulting Engineers
P.O: Box 7966
Rocky Mount, N.C. 27804-0966
Dear Mr. Stocks:
RE: Crooked Creek golf course
Wake County
DEM #94997, COE #199400727
In response to your 16 May 1994 letter, Water Quality Certification Number 2879 is
hereby modified to allow an additional 0.083 acre of impact on stream channels. This reflects
project redesign around holes 11 and 12 as described in your 16 May letter.
Please call Mr. John Dorney at 919-733-1786.
Sincerely,
eston ward, E.
cc: Eric Alsmeyer, COE - Raleigh Field Office
Central Office
Raleigh DEM Regional Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

BOBBY L. JOYNER, P.E.
May 16, 1994
Mr. Eric Alsmeyer
,
APPIAN CONSULTING ENGINEERS P.A. MAY 1 Q'hn4
CIVIL AND MUNICIPAL ENGINEERS MAY 1'8'1994
.7J
POST OFFICE BOX 7966
ROCKY MOUNTS NORTH CAROLINA 27804-0966
ri
841.S. WESLEYAN BLVD.
?TELEPHONE [phone]
FAX * (91 9) 972-7636
US Army Corps of Engineers
Regulatory Field Office
6512 Falls of the Neuse Road, Suite 105
Raleigh, North Carolina 27615
RE: Crooked Creek (#11 & #12)
Modification to Action ID #199400727
Dear Eric:
As discussed briefly with you a week or so ago we have reevaluated the layout of hole #11
and hole #12. We are requesting this modification in a effort to generate a better golfing
layout, to generate additional income due to the fact of eliminating two low priority lots, lots
with frontage along Hilltop Needmore Road and gaining two prime golf course lots, lots that
front Brushy Meadows Drive, and to decrease anticipated golf course construction cost due to
the excessively steep slopes that exist. Basically we have shortened hole #11 from a par 4 to
a par 3 and lengthened hole #12 to a par 5.. In order to squeeze two addition lots where green
#11 was approved we had to shift the back property line approximately 50 feet west to achieve
30,000 square foot lots, the minimum allowed by the County. The shift in the back property
line pushed the centerline of hole #12 towards the draw. Due to the excessive side. slopes that
exist along the draw an unavoidable 0.083 acres (1205 LF x 3 FT = 3615 SF) area will be
impacted. Bank-to-bank waters of the United States (nonvegetated creek channel) along an
unnamed above headwater tributary to Middle Creek will be filled.
The routing has a net increase of 0.083 acre impact but it is our belief that the overall
environment is not adversely affected. The drainage that currently flows down the draw will
continue to flow in overland channels to its current destination. There is not an annual base
flow in the channel. It is merely a surface water channel with the only exception being the wet
months of December through February where there is a small amount of ground water flow in
the system.
May 16, 1994
Mr. Eric Alsmeyer
2
It is also our belief that Water Quality will not be negatively impacted due to the fact that the
surface flow will continue to filter through the same irrigation pond that was previously
approved. The flow will drain over 1200 feet of newly created grass lined channels and 18"
plastic pipe instead of the existing nonvegetated channel.
In addition we believe that erosion will be limited or even decreased due to the fact that the
existing channel is nonvegetated and the new drainage system will be a combination of grass
lined fairway channels and 18" plastic pipe. A system that will have a stabilized bottom which
will decrease the flow velocity and therefore decrease erosion.
We are requesting that the currently approved wetland permit, Action ID #199400727, be
modified to reflect the relocation of hole #11 and #12. Once again we believe that the
modification does not adversely impact the aquatic ecosystem or have significant adverse
environmental consequences, therefore we request a favorable consideration to the proposed
relocation of hole #11 and #12. %
Your prompt attention to this matter is greatly appreciated and we eagerly await your response.
-Should your require any.additional information please_contact me at [phone].
Sincerely,
Appian Consulting Engineering, PA
A 4 0. 0? '?? ?
/'. Michael Stocks, P.E.
W. Mr. John Domey
Mr. Tony Withers, P.E.
Mr. Chuck Smith
file
attachments
JMS
94MCNAW
State of North Carolina
Department of Environment,
Health and Natural Resources
Division'of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secreta
ry ID I-
A.' Preston Howard, Jr., P.E., Director
July 12, 1994
Mr. Tony Withers
C. C. Partners, Inc.
1149 Executive Circle
Cary; N. C. 27571
Dear Mr. Withers:
Subject: Mitigation proposal for Crooked Creek Golf Course
DEM # 93997, 'COE # 199400727
Wake County
An inspection was conducted on July 8, 1994 to examine the proposed mitigation, sites for the subject
project by John Dorney and Ron Ferrell of my staff, Eric Alsmeyer, COE and Mike Stocks, Appian Consulting
Engineers: ;Based on the results of this inspection it is apparent that several areas that were designated on your
application as pasture/old field are in fact forested areas and are unsuitable for mitigation as proposed in your
March 9, 1994 mitigation proposal.
You are requested to submit a revised mitigation proposal for this project which addresses the
discrepancies `in the information you provided in your, original application and includes a proposal to compensate
for the areas which are not suitable for use as mitigation. This mitigation proposal must be consistent with the
intent of the-original mitigation proposal:whichis?the;replacement of the wetland functions and values in close
proximity to the impacted wetlands. Also, the revised mitigation proposal must include a schedule indicating the
dates by which the mitigation proposal will be implemented. All aspects of the mitigation proposal must be
implemented no later than March 31, 1995.
The revised mitigation proposal must be submitted to the Wetlands and Technical Review Group no
later, that August 15, 1994.. Failure to submit a reasonable proposal by this time or to implement the mitigation
proposal will result in revocation of the 401 Water. Quality Certification. If you have any questions concerning
this matter please contact John Dorney or Ron Ferrell at 919/133-1786.
Sincere Y,
A. ton ard, Jr. E.
Director
cc: Eric Alsmeyer, COE Raleigh Field Office
Mike Stocks, Appian Consulting Engineers
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] ' FAX [phone]
An Equal Opportunity Affirmative Action Employer; 50% recycled/ 10% post-consumer paper

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State of forth Oarofl o
hr Nat'Wa =UrZes
rDivision of Environmental Management
James 8. Hunt, Jr., Governor
Jonathon S. Howes, Secretary
A. Preston Howard, Jr.. Pk.,Director
July 12, 1994
Mr. Tony Withers
C.-C. Partners, Inc.
11491 rxecutiveCircle
Cary, N. C. 27571
Dear Mr. Withers:
Subject: Mitigation proposal for-Crooked Creek Golf Course
DEM # 93997, COE # 199400727
Wake County
An inspection was conducted on July 8, 1994 to examine the proposed mitigation sites for the subject
project by John Dorney and Ron Ferrell of my staff, Eric Alsmeyer, CIDE and Mike Stocks, Appian Consulting
Engineers. Based on the results of this inspection it is apparent that several ;amas.that were designated on your
application as .pastureJold field are in fact forested areas and are unsuita'ble' for mitigation as -proposed in your
March 1994 mitigation proposal.
You are requested to submit a revised mitigation proposal #orshis.project which addresses Lhe
discrepancies in the information you provided in your original application :and includes a proposal to compensate
for the areas whiten are not suitable for use as mitigation. This mitigation proposal must be consistent with the
intent of the original mitigation proposal which is the replacement of the wetland functions and values in close
proximity to the impacwt 'wetlands. Also, the revised mitigation proposal must include a schedule indicating the
dates by which the mitigation proposal will be implemented. All aspects of the mitigation proposal must be
implemented no later than March 31, 1995.
The revised mitigation proposal trust be submitted to the Wetlands and Technical Review Group no
later that August 15, 1994. Failure to submit a reasonable proposal by this :time or to implennent the mitigation
proposal, will re
sult in revocation of the .401 Water Quality Certification. If you have any questions concerning
this matter please contact John Domey or Ron Ferrell at 919/133-1786.
Sincerely,
A. Preston Howard, Jr., P.E.
Director
cc: Eric Alsmeyer, COE Raleigh Field Office
Mike Stocks, Appian Consulting Engineers
P.O.13ox 29535, Raleigh. North Carolina 27626-0535 Telephone [phone] fAX [phone]
An Equal Opportunity Affirmative Action Employer 5096 recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
January 4, 1994
?EHNF1
MEMORANDUM
7 '
TO: Mr. A. Preston Howard, P.E., Director F ;
Division of Environmental Management
?? `
FROM: John R. Parker Jr. j 1,
Inland 1404' Coordinator ,!AZ R'? i
SUBJECT: 1404' Project Review
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199400727 dated
December 23, 1993-describing a proposed project by C. C. Partners, Inc. (Mr. Tony Withers)
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 January 24, 1994. If you have any questions regarding the proposed project,
please contact me at 733-2293. When appropriate, in-depth comments with supporting data is
requested.
REPLY
Signed
This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
' State of North Carolina
Department of Environment,
Health and Natural Resources 4 T*7-
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary p E-'--i N F1
Roger N. Schecter, Director
January 4, 1994
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland 1404' Coordinator
SUBJECT: `404' Project Review
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199400727 dated
December 23, 1993;describing a proposed project by C. C. Partners, Inc. (Mr. Tony Withers)
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 January 24, 1994. If you have any questions regarding the proposed project,
please contact me at 733-2293. When appropriate, in-depth comments with supporting data is
requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

r
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199400727 December 23, 1993
PUBLIC NOTICE
C.C. PARTNERS, INCORPORATED, ATTENTION: MR. TONY WITHERS, 1149 Executive
Circle, Cary, North Carolina 27511, has applied for a Department of the Army
(DA) permit TO AUTHORIZE THE PROPOSED PLACEMENT OF FILL MATERIAL CAUSING THE
LOSS OF A TOTAL OF 4.32 ACRES OF JURISDICTIONAL WATERS OF THE UNITED STATES
ADJACENT MIDDLE CREEK, UNNAMED TRIBUTARIES TO MIDDLE CREEK, AND TO TERRIBLE
CREEK, FOR CONSTRUCTION OF THE CROOKED CREEK 18-HOLE GOLF COURSE AND
RESIDENTIAL DEVELOPMENT, NEAR MACKS VILLAGE, Wake County, North Carolina.
This public notice does not imply, on the parts of the U.S. Army 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
below on which a final decision will be based.
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 U.S. Army Corps of Engineers. Plans submitted with the
application show work causing the loss of approximately 0.69 acre of
jurisdictional unvegetated waters of the United States (creek channels) and
3.63 acres of wetlands adjacent Middle Creek, unnamed tributaries to Middle
Creek, and to Terrible Creek. The approximately 343-acre tract, containing
more than 50 acres of wetlands, is located on the north and south sides of
S.R. 1393 (Hilltop-Needmore Road), between S.R. 1404 (Johnson Pond Road) and
S.R. 1375 (Lake Wheeler Road).
Activities causing permanent wetland loss include filling and grading for
golf course fairways, a driving range, road crossings, and lot development.
The wetlands loss includes 3.283 acres of hardwood wetlands, and 0.344 acre of
wet pasture. An additional 0.69 acre of bank-to-bank tributaries will be
filled, and 1.15 additional acres of wetlands will be impacted by
non-mechanized vegetation and tree removal above the ground level, with
permanent maintenance by mowing. These clearing impacts are located on the
edges of fairways to provide adequate fairway width without permanent loss of
wetlands. In addition, two ponds will be constructed in upland areas for
irrigation and runoff filtration.
+ s
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-2-
The applicant proposes to mitigate for the unavoidable wetland losses with
a total of 15.12 acres of wetlands mitigation. 1.68 acres of wetlands will be
created by grading and hardwood planting in non-wetland pastures. 3.44 acres
of wetland pasture will be enhanced by hardwood planting. 10 acres of
existing mature hardwood wetland will be preserved, along with 16 acres of
adjacent mature hardwood non-wetland, by establishment of a 100-foot-wide
conservation easement strip along the south side of Middle Creek for a
wildlife corridor and stream buffer. The applicant has not yet provided
detailed plans of the mitigation proposals.
The applicant has stated that wetland impacts have been minimized to the
greatest extent possible that will still allow a feasible project. Methods
that have been utilized to minimize wetland impacts have included relocation
of golf holes, fairways and ponds. The applicant states that avoidance or
further minimization of wetland impacts from the project is not feasible
because of the minimum number of lots necessary for economic feasibility, and
the infeasibility of using steep-sloped upland areas for lots or fairways.
The stated purpose of the work is to allow construction of residential
development and a golf course. The residential subdivision includes
development of 128 lots. Construction has begun on high ground areas of the
site. Plans showing the proposed construction 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
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA 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
r

-3-
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
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.
The Corps of Engineers is soliciting comments from the public; Federal,
State, and local agencies and officials; Indian Tribes, and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition, or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects, and the other public interest factors listed above. Comments are
used in preparation of an Environmental Assessment and/or Environmental Impact
Statement pursuant to the National Environmental Policy Act. Comments are

-4-
also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity..
Generally, the decision whether to issue this DA 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 DA permit serve 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 17, 1994.
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 29535, Raleigh,
North Carolina 27626-0535, on or before January 10, 1994, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Eric Alsmeyer, until 4:15 p.m.,
January.24, 1994, or telephone [phone], extension 23.
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 23, 1994
Regulatory Branch
Action ID. 199400727
Mr. Tony Withers
C.C. Partners, Inc.
1149 Executive Circle
Cary, North Carolina 27511
Dear Mr. Withers:
Reference the Department of the Army permit issued on
April 25, 1994, subsequently modified on June 22, 1994, for the
discharge of dredged and fill material in waters of the United
States, including wetlands, adjacent to Middle Creek_., to
facilitate construction of th rooked Creek golf cour and
dOOW
residential development, near Macks Village, Wake County, North
Carolina. Reference also the letter dated August 8, 1994, from
J. Michael Stocks of Appian Consulting Engineers, P.A.,
requesting further modification of the permit to allow additional
change in the layout of several golf fairways, which would result
in a 0.52 acre decrease in wetland impact, and to allow a
modified mitigation plan which would eliminate wetland creation,
modify the proposed enhancement of field wetlands, and increase
the total conservation area. These modifications became
necessary when it was determined that several areas that had been
identified on project plans as pasture, within the impact and
mitigation areas actually, contain mature trees.
Based on the reduction of wetland impacts associated with
the proposed modification of the golf course layout, and our
determination that the proposed modified mitigation plan will
adequately compensate for the unavoidable wetland impacts, we
have determined that public review of the proposed modification
is not required. Therefore, the permit is hereby modified to
include the work and modified mitigation plan as shown on the
enclosed modified drawings, revised August 3, 1994. Special
Conditions a. and a9. are modified as follows:
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a. The compensatory wetland mitigation plan shown on
the "WETLANDS MITIGATION MAP", dated 2-3-94, and last
revised on 8-3-94, and described in the "WETLAND
-2-
MITIGATION NOTES" of the same dates, will be implemented in
its entirety....
9. The 41.50 acre area shown as "CONSERVATION
EASEMENT" on the "WETLANDS MITIGATION MAP" will be
maintained in its natural state. The remaining
compensatory mitigation areas will also be maintained
in their natural state upon meeting the success
criteria. Filling, excavation, grading, drainage,
thinning, clear cutting or select cutting of
vegetation, or any other environment-altering
activities are not permitted in these areas (infrequent
mowing is permitted in the 1.04 acre area designated
"FIELD WETLAND - CUT SEMI-ANNUAL"). The permittee
shall ensure that this condition will run with the
land, and shall be binding on any subsequent property
owner. Such steps shall include, but shall not be
limited to, clearly depicting the mitigation areas on
the subdivision plat for Crooked Creek as conservation
area, to be maintained in their natural state in
perpetuity, and by recording this permit with
conditions with the Register of Deeds of Wake County,
North Carolina, so that they appear in the chain of
title of the property.
It is understood that all remaining conditions of the
original permit remain applicable and that the expiration date is
unchanged.
Sincerely,
James H. Bradley
Construction-Operation
Division
Enclosure
-3-
Copies Furnished with enclosure:
,A-. John Dorney
Water Quality Section
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box.27687
Raleigh, NC 27611-7687
Appian Consulting
Attn: J. Michael
Mgmt. P.O. Box 7966
of Rocky Mount, NC
Engineers, P.A
Stocks -
27804
LEGEND
'Withers & Ravenel, Inc. -t ? a.
04GWUEFG SURvVI4 JURISDICTIONAL WETLANDS IMPACTED
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Atd2&a IN ACRES
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WOOOM V&M- NC TO W = Aim F:LLE'O 13Z Aa

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te MW71NQ WATERS + WETLANDS ,445 * Aa
GOLF CAM CFAXi*JO
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Fil COOM OR Ti's' ARI=A
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WOOOED WE?t4NM F%-l-W 1.32 AG.
FUR.0 Wffrt-ANDS FNJJM 2.28 Aa
OOtJ= CART CROSSING M17 AG.
OTHER WATEM 0.34 Ac.
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PROPCSEO 10' CASEMENT FOR A80VE GRCt1NO
6' WATERUNE. A 10' 'ASOE II£ANOERING
® UT!UTY EASEMENT WILL BE FIELD I.MATED
® TO AV*O LARGE ME REMOVAL, in 10' ANO
THERE IS AN EXISTING FORCE MAIN LARGER
LOCATED IN A IV MEANDERING EAST
ACCESS TO GOLF
MAINTENANCE AREA

AWA 27 ;X+7
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X29 PIANTINa
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mc IN 100 coo tti m nor To "t 044 me sut ?? +ema i
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weer w m rAQ aAr-TauTO :acute: vrrt air suar? oar,
HAM PLAWNG
100112" ere AT iwaTR ,MI w sear w no Pits. err taws PLOM
saw -0 Md=
red Mftlwe To calm, Q 1,11114 AT RM
l/esaR Portal. 0?M ftLASne a tatR
moo r wsr n MA L ttn ru urn
rpm" al M srrvwt »ANe U(NOILr a
ry a eeera vtmr T416 vent Rev, r
US" n>rder
Inad^ ^ ?tloo rtmae germ AT AR reel
IQ POT toe KVAr! PJYIT 1M `k
Toni. earl O 7wr 4d? MrMp`^,
?,Mw nor „W04.
WETLAND M111GATION NOVAS
1. At site wetlands were na99ed by $ot and EnvWOnmental
Consultant' and ,sold located ana mapped by Withers and
Rov". !nor. The US= approved )Aisdictienal boundary on
October 8, 1993. Mr. Erna Alsmyer.
2. No f?!ing or grodktg is to b. perfarrned in areas desrgncted
ere 404 )urisd!otional wetlands except where area has been
approved and permitted by the USCOE and NCM, Water
quality.
3. All wont within watlond area and/or mitpa?ion ores will be
completed in accordance with plan shoat number 39, 'Wetonds
UIH9aNon Pkxt .
4. All ourfoc. runoff from eubdiddom b to be directed to
lxietM9 bottomlOnd hardwood wotlaWs that have beet, cut and
planted In wetland speaes grosses, All runoff will be
directed though a manmode wetand or enhanced -etlond. then
a natural wetland prWf to onto" M1dde Crook.
S. Planting hare-rooted trot seedlings: Trees to be planted as
bare-rooted seedlings should W handed only -tW* dormant Do
not plant teems in toil grasses a IegwmN which will overshade the
new seedlkngs y6nere poisEi. ckde mulch around
seeding:, mulch wilt help sodings to compete mctintshdty
with herbaceous planle, For ::tgltost chance of species
surymal. seedingqs should b. punted in January and/or February
® 6. AN created and/or enhmmaed planted eras wAi' be planted
with six (6) dittfarent speces of threes (16.7X of each }
with trees at 10' f2' centers, A total of 435 tress/ we
wN be planted Assuming a survival rate of, 75X over throe
(3) yrors, not yield eguale 325 tress/are greater than the
miniTum of 320 tress; acre. Any suntva rote leas than 320
trees/acre -41 result in the area being replanted and/or
regraded and replanted.
7, Planting guidelines, survival, and monitoring to conform to
Carps of En ors, - Wilmington 0:etrut - compensatory
Hardwood Mitlgatian Culdollnes (12/8/93).
® G. Mitigation Areas:
a) Ponds: GWf eaJrse "gotWn ponds and Slotm Water
Management FadtW% depth - Y-6' deep. Area not
counted In milirtlon area. Total pond area - 0.02 Ac..
Credit given - 0 Ac•
b) Flooded Wetlomd.: Wetland buffers around Irrigation
ponds, depth - 0' to : deep. Ana courted in
mltlgotian area as nested wetland, It. Total flooded
wetland created - 1.16 A% Credit given - 0.3t Ac .
a) Enhanced ''Mottende: Area will be planted in hardwood
tfeq err group. Arta eatinted in mitigattn oral as
.nil` n
43 Aq.. a?.dlt 9? -?et l ornhancod wstlonda 11.1111 Aa.
d) Omitted
e) Preservation Aran: Area currently classified as 65X
uaiand and 35X )udgellettlond wetlands. This area wit
be Placed In a conservation eastrhertG Area counted In
mitigation area ow proeonotlon. 10.1. Total area of
conservation - 41.30 AC, credit given 4.15 Ac.
f) Restored Wetlands: Area curTentfy dansired as uplads
that were water of the United States prior to permitted
dam safety Fnprovwment. Ttas area -0 i» marsh land
once pond elevation Is restored Area coOt*4 in mitigation
area os restored wetlands. 2:1. Total fostered wetlands
- 0.64 Ali 4rW gh•sn 0.32 AG
9. Trees to be planted Inviuded any combination of at I.wt 6
tress listed below. No one spades shall be morn than MX
of total.
Cherryborn Oak (Ouerws °ayyodfalla ELL) (?}
• Ain, Green (FroRinus PenmsylvaniCo)
• Oak, Swamp Chestnut Ouereus Michaud{) (?)
• Oak. Water s(Querga o)
• Oak, WMow Y 0uercus PneNoe)
• C+rn, Black Nysea 34-A F)
Qum, Water ?N Agwtlaa) (T)
Al • Ov.reup Oak r' on
Lyrata)
• Common Pers4mmon (Mospyroi Arginlono 4) (?)
Trees owilobdity confirmed from Warren County Nursery
Richard at [phone], avatablt unless noted (1).
10. Crones to be planted include any combination of at least 3
tipecW listed No one specks shall be mom than SOX of
• Spike Rush (Deodwiti) .
• yet Panlaum
• Common Reed (Ph Roe Canmunie Trim.)
• Holtrox Maldw+eptw (Panicum henitamon Shunts)
• P.edtop (Agroetls abo Q
• Reed Corwygrass (Phalaris arvndhocae t_)
torereeper (Euo reds Tortured vsgato)
Wool &ft$
Grassy vegetation selectkxn wit be made depending upon
ovataoslty of soeates of the tine of planting
It. All createp and enhanced welloW area will be dwA restricted ot
Clot` marked as 'Wttlond Monitoring Apo-Please Stay*ut- In
am . 4 to prevent hu:mort dome" to Plant soetN41916
12 An annual mwdt-k ropart rtf be submitted to the Corps
of Engineer N October ct each year unto vegetative
success arftwla Is met C.C. Partners ropresentotive to
coordinated with hoot COE office,
13. C.C. Partners will secure a psrformonne bond or sufficient
Ntter a1 aredlt to oriurs compliance wlM approved
mitigation 14. Bar+ Root few Irerntnts be mbimum t year old, or 12 more
to
lndhee high, ldoor greater d10mo1K r ftaroolcallaf, 4
lateral roots and hodMyr
$5. Annual Maintenance of coupe Rough areas -41 be porfamod
In late fall only. Do not maintain in Spring or Summer.
16. Prier to plantkq bare root lap C^C. Partners will contact
!h. Corps of Ci?gNten and/or HCD04. Water qualRy Section
to notify each ageacy Involved in the revew pieced to see If
they we interested la pordeoctimg in the planting prots"

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C lt'UOUV.IQ '68)1-af1HC/1 -070C 01.0 AIR 4 an•0 • tr0_0 1 _0 r n%r ineTn iinnArnTw Tu. ,r, ...,
LEGEND
j3
008TINO WATEAB + WETLAi W 4"* Ac.

/
/
/
/ OF AAIWA POWWCOAr0N AT62 1I) EASTOM
PObC Q04 Aa
`;
{{Y'
'7
}?
J
f / =$WWATION .A86rAENT (2244 Aa OF UPt.ArG
Ate 13.1D Aa OF WETLN?9 (PNF.9ERVA'IfON AT 10 =1 ? 4T.150 Aa
POND OA2 Aa

t4UNDA11W WS7LANDS CI' TO X
(CFAX11ON AT 3 = 1) 118 AM
WIRTILAND t1AFC OOOCS (6 .EAENf AT 4PtANT)Lro 4A3 Aa
FEL.D WIAFi.AND - CUT SIRWAWAAL t04 Aa
IDD FAIRWAY
CIPO1 OR TW AP&JA
R
A APPROVED ADJ. PROPOSED ADJ.
ACTION T W11GAttON MIT. MITIGATION MIT.
i AMOUNT AMT. AMOUNT AMT.
0
• Restoration ................................................................................. 2:1 0.64 0.32 0.64 0.32
• Creatlon - Upland to Wetlands ................................................ 3:1 0.46 0.15 0.00 0.00
• Creation - Areal around Ponds ................................................ 3:1' 1.10 0.37 1.16 0.39
• EManpeemnt - field Wetland to Hardwoods - On-Site ...... 411 4.24 1.00 0.00 0.00
• Enlwnecerwt - Field Wtetlond to Crosses .............................. 4:1 2.07 0.52 0.00 0.00
• Enna" ment - field Weiland to Hardwoods - Ott-Site ...... 4:1 0.00 0100 4.43 1.11
• Canservatloe - Upiond and Wetland ........................................ 10:1 37.60 3.76 41.50 4.13
• Ponds ............... _..............,...,...................,.............................._. -0- 1.17 0.00 01A2 0.00
• Upland Planted In Hardwoods .................................................... 10.1 144 0.16 0.00 0.00
• Field Wetland - Cut Semi-Annual. but not I Med .................. -0- 0.00 0100 1.04 0.00
TOTAL MITIGATION .. ................................................................. 49.12 6.36 49.19 3.97
• Red - Decrease In approved amount
• Blue - increase in approved amount
• Black - Equal to the approved amount
01MI ERINO' & SURVEYING
,w omsrs >ONt OW. ¦A met tarn 410-40
Q Jt! 0008JQ '68)1-Af1HSt1 +97QQ al.Q A I R
>ot• ... WETLANDS MITIGATION MAP
IF
nl .Q = bR -RI -R 1?YJ11STn [inn All Till ITM.1? Anu
T
PROPOSED 10' CASEU04T FOR ABOVE GROUND
6' WATERLINE. A f0' WiDE MEANCMNG
UTuTY EASEMENT *ML BE FlELO LOCATED
® TO AVOID LARGE TR'w REMOVAL, It 10' AND
THERE IS AN 79STIW,? FORCE ?AAIN -LAA=
LOCATED IN A 15' MEANOEWNG EAST
k
ACCESS TO GOLF :;:::: •??.
MAINTENANCE AREA-,?
A

fi7
A

14 r! `?
a
t S
I .?

i
SCALE
0 300 600 750 900 z050 1200
s

T -
- ` "
rRnnrr?*n rplP, FW IArT?'OW T T7- I.94007,271 ._,.. ?
/ rl?ll.'111RJ? "R.AL-7?1MCf5 ?C70C A: O IG I1 n ..z?,C-Ci.-C ? •??r incrn jinn niirw ?rni.i~ rl•":.n??
WON CaaalVA.a1 La1a.Cn
ea7arD
?S

??t(&
i••da/m Kilt,
KOT To TtALE Vera
SCAI
nay m VIX
2.
3.
4.
mnas. All ponds Will be assigned
s will dlteet Raw to (a) 4xisting
wetlands (b) existing fiield wetlands
d in bottonsand harowco" or (c)
irdwood wtlands that hove been tut ono
Pates grosses. AR runoff will be
;mode Weiland or enhanced watlond, then
r to entering Middle Creek
reo seedlings: Trees ;o be planted as
should be handed only while Claremont 0o
grame or tegumes which WIN omnrshed• the
possible Crone m dch around
etp eeedlsng• to oompete eueoeesfidty
to. For highest Chance of species
uld be planted in January and/or February
Kmood pirated crew will be planted
I 1 J'-'
t -!J S.
WETLAND MITIGATION NOTES
AN site wstldnds were ltoggW by Sot and Fnviromemal
C•mmAtants and field located and moapppped by withers and
Rovsnok ire. The US= approved Jurisdctbnal boundary on
October Q 1993. Mr. Eft Alsmyer.
No filing err? qQ??amlinng is to be performed Ih arena designated
Js 404 }1Malcttonol wetlands except where area has been
OpprOVott and permitted by the USCOE and NCO M, Water
Ouatty.
Alt wank within wetland area and/or mitigation crea wit be
completed In oceordonce with plan shoot number 59, 'Wetlands
Mitigot'ron Plan'.
An auHace runoff ham subdivision Is to be directed to
owrse
that ,
now aeedltwgs.
moditngs, nwIch
with herbacocut
surAvd. esed,
6. AN created ond_
?a ?a a
SD-29 PLAKIM-
@_.5_RQ0TE0 SEEDLINGS
mer.ts srxc a•r+e
M 1Nf1ir1
U ML
settees sus IS M."m near ma cr n u
qUt
macaism TTo afoot wo+w® saotass rot "
A10tL 1 QAr?1at?1?A 10 VtOtu? V l?R'1?D L1n1
rotnmaa war :e::rreeA4 fa mwve vafur m
a mvw 'Au"m staArlC rAnrA?s V®tiw nmeaAxa V" " slat
or11R Vee M A 7M1C1 tVmL empf rl tdCAtION
CAM 2e 2YSM
VAX m ypp m n set it merf mast "m wets
re 111 119 aaaar m my CA" eta7i.IM en yaw
mars 15vats m war: Aar tone NA me nata•.w:fa;•
SC7Lane al A tQmfAama rARO VRM VCT mot OR Rota Vliw 1MA1
WSW w1tR Wv a 0.AwwwAho •Lmm VA m,xr neRA. CKT.
t 1
scan errs AT ROV4 art fie Raw BR TV .?n?t,i?wncpwt ravrNa
east aeVw 4e nut aawes =6=
A M ro mm m TO At 01110= Af IatT01
to ml m m"m CtaM f®ltnn11, v Amm
fM?a?yaam??L 1OfrwrM
Fa en m?Oy2MselKqM r wmw r nw
"lase s1LAt t1 xtA, a uantf a
1vm a xmn vim isi.
A-I .?
O uLZ
WIN" FBI=
AT ON
erirt ??,wpe .natal amemM qMr• Wins
VA" r! Wf
we
Pnt
maam
}^- M mar
WOW
r• A.. rva ttsats ?; ;
mmt0.t vmmo+t a rmc altamL aAOm SlmmV. " vepmd
with trees at 10' 32' centers. A told of 415 tfes,s,f acts,
10111 be AIanted, Assuming a riMyct rote of 739 over three
(3) years, net yfsld equals 326 trees/acre greeter Gaon the
minfmum of 320 :roes/acre. Any suMvd rate tees than 320
trees/acre will result in the area being replmted and/or
regraded and replanted.
7. Planting lwdnvile e, survival, and monitoring to conform to
'Carps Hardireadd Mtt*tion;uWk 1w cn District - Compensatory
® L Mitigation Areas:
c) Ponds: Calf course Irrigation ponds and Storm Voter
Management Facilities, depth . T-6' dap. Area not
daunted h mittgatiael area Tat', pond area . 0.92 Ac,
b) Flooded Wetlands Wettond buffers oramd Intgatlon
ponds, depth . 0• to X deep. Ann counted In
mtNgotldn ores as Created wetland. 30. Total flooded
wetknd created • 1.16 As,, Credit given w M39 Ac .
c) Enhanced Wetlands: Area will be anted h hardwood
trees. Area counted In mtllgatlan aYa as
.wM1 0 ^ o . -11. -Total en anced wetlands
d) Omfttsd
e) Free•rwtkn Ar•o: Area currently ciaesilled as 659
upland and 357. jar(sdktland "soon" This area wll
be placed in o conssrv 0m easement Area counted In
mitigation area as preswvatim 10:1. Total am of
Conservation . 41.0 At.. credit given 406 Aa.
f) RMaod WstiaWC Arse currently doorlNed of uplands
that were watart of the United States, prior to permitted
darn aefatr hnprovmv wit 7hiw are Will, be- mmssr land W In aeo as *sta vatioto wetlands, 21. ToA al restored v mt1
. 0.64 As, credit given 0.32 kL
3. Trees to be Planted Included any cambhotion of at least 6
trees Plated below. No one species ehdl bar more than 20%
of total.
• C.hombork Oak (Quorms P folio ELL) (?)
• Ash, Green (Fraxinvs Perna vanica)
Oak Swamp Chestnut-{ouerous Mkhou.t) (?)
• Oak. water (CuarGU lflgro)
• oat wyow Q11e/rAre Ph$#")
• GUM siOdt Nys•0 S)IVatico)
• Gum, Water ltftyysss?p Aquatka) (?)-
Or
Owraup part (Quaue Lyfato)
Cafmm+on Pwsknmon (Diospyros VIrgink no L)
Trees avvtabilft tan&med From Waren County Mwsiwyt
Richard at [phone], aVatable unless noted (??
10. Grasses to be planted include any C~Qtlon of at ;east 3
epee;" 1lsted. No aM species ah',I be mere that 50X of
total.
e Rush (ETeodwrts)
• Carman Read (Phraamitoo Conwturds Trin.)
• 4allfox Maidurosns (mktwn hwWtsmon Shultes)
• Redtop (Agrodts abo L)
• RRtyaof win overt (EvoeymuunMLv)igata)
• Ws,d omaes
Crony vegetation selection vN be mods depending vpon
availability of ap.aa at am tkm of planting,
11. AN seated and onl anesd wodcrW area will be do" reetrlcted alt
closely nm ad at 'Wrtlarnd Monitoring Area-Pleo•e Stayout* h
an effort to prevent humph domag• to plant oesdlivga
12. An omuol monitoring report will be eubmntted to the Corps
of fumgheere in October of each year untA vegetative
weeps, criteria In met C.C. Partners representative to
Coordinated with local COE office,
13. C.C. Parrs will nowe a performaiee brood or sufndant
letter of molt to ensue co"kne• with approved
mitigRation remttriremwrits,
14. Ban oot tree s?oditnge to be min"um 1 year old. 12 to 16
Inches hWu 1/4 or tar 6~w root Casa, 4 or more
taterd roots and hedtlt
15. Annual Makntonance of Cohmreo Ratrgh atoll on be poHenned
In tau fan only. Oo not meemtab h con Spring or Sum ew.
16. Prior to planting bare root sood" CC, r7 Spring win contact
the Coa orlgl ws and/x. Water Cuaaty Section
to not!m awl; agency bWOiWd in tin reviow prawn to sae if
they art Interested in portlelpaft in the, planting prooeas.

onyPer - sou" s we rA?
_ ...- .. _ _ - .. . r. r,
.. .?.. ....,...? ? .. fie.
` ,1r
e 40,11-1110 10 -AS%U_-mr1MQn
- -rim .n . ..? ,±m .
-e7nn nin ere 4
.,wt ;w-a•rn •„r, n
f:?ra??, r-a.. ,
r, .i1.,
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Training and Certification Unit
Wetlands and Technical Review Group
FAX # [phone]
TELECOPY TO: KE
FAX NUMBER: 7(- 3 ?
FROM: PHONE: cI 3 /
NUMBER OF PAGES, INCLUDING THE COVER SHEET: 2-
r.?. ??
-S
l \ ?..3 t t??- 1.-t ?v? v a`J _ C dl.? ?.? i•1 ?-C ?lN IL A-
(", 1?t? )N C%7-f-, "?
&Y-Ai„`-73
w C'hs l.?C C-O M t'ti C`N? ?= %?f? J2EVZS E--O %7 G 4j 4W /O,vyN
L'j
f " ! ( lnlLt.? Q cs ?-L c?2. (? /`'?-+?F7 c?i n/G ? /?_
State of North Carolina
Department of Environment,
Health and Natural Resources XT • •
Division of Environmental Management
James B. Hunt, ,Secreta ID E H N F1
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
July 12, 1994
Mr. Tony Withers
C. C. Partners, Inc.
1149 Executive Circle
Cary, N. C. 27571
Dear Mr. Withers:
Subject: Mitigation proposal for Crooked Creek Golf Course
DEM # 93997, COE # 199400727
Wake County
An inspection was conducted on July 8, 1994 to examine the proposed mitigation sites for the subject
project by John Dorney and Ron Ferrell of my staff, Eric Alsmeyer, COE and Mike Stocks, Appian Consulting
Engineers. Based on the results of this inspection it is apparent that several areas that were designated on your
application as pasunWold field are in fact forested areas and are unsuitable for mitigation as proposed in your
March 9, 1994 mitigation proposal.
You are requested to submit a revised mitigation proposal for this project which addresses the
discrepancies in the information you provided in your original application and includes a proposal to compensate
for the areas which are not suitable for use as mitigation. This mitigation proposal must be consistent with the
intent of the original mitigation proposal which is the replacement of the wetland function and values in close
proximity to the impacted wetlands. Also, the revised mitigation proposal must include a time line indicating the
dates by which the mitigation proposal will be implemented. All aspects of the mitigation proposal must be
implemented no later that March 31, 1994.
The revised mitigation proposal must be submitted to the Wetlands and Technical Review Group no
later that August 15, 1994. Failure to submit a reasonable proposal by this time or to implement the mitigation
proposal will result in revocation of the 401 Water Quality Certification. If you have any questions concerning
this matter please contact John Dorney or Ron Ferrell at 919/733-1786.
Sincerely,
A. Preston Howard, Jr., P.E.
Director
cc: Eric Alsmeyer, COE Raleigh Field Office
Mike Stocks, Appian Consulting Engineers
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

BOBBY L. JOYNER, P.E.
March 9, 1994
APPIAN CONSULTING ENGINEERS, P.A.
CIVIL AND MUNICIPAL ENGINEERS j '
POST OFFICE BOX 7966
ROCKY MOUNTf NORTH CAROLINA 27804-0966
WAENDS Gtl^=? ??`_`?_<
a M d VD.
TELEPHONE [phone]
FAX # [phone]
To: Mr. Eric Alsmeyer COE
Mr. John Dorney DEM
Mr. David Yow WRC
Mr. David Dell FWS
Mr. Lee Pelej EPA
Mr. Tony Withers, P.E. W&R
From: J. Michael Stocks, P.E.
RE: Crooked Creek
Action ID : 199400727
Dear Gentlemen:
(1 color & 5 black & white)
(1 color & 2 black & white)
(1 color)
(1 color)
(1 color)
(1 color & 1 black & white)
After several weeks of working with the aforementioned agencies C.C. Partners has
finalized a Wetlands Mitigation Map. Appian Consulting Engineers and Withers & Ravenel,
Inc. have diligently been working to address all the written and voiced concerns of each
reviewing party. From off-site alternatives to on-site avoidance, from minimization to
compensatory mitigation we have looked at this project and attempted to address each
concern from each agency. The map herein submitted is a finalized Compensatory
Mitigation Plan that we believe adequately compensates for the unavoidable wetland
impacts.
I would like to borrow a statement penned by Mr. David Yow, NCWRC, Piedmont Region
Coordinator in a letter to Mr. John Parker, Jr. dated February 25, 1994, "The NCWRC
appreciates the efforts of C.C. Partners staff and consultants to evaluate additional project
modifications to avoid, minimize, and compensate wetland and upland habitat loss
resulting from the proposed construction." With several recommendations of modification
to the plan"The NCWRC offers no objection to approval of 404 Permit and attendant 401
certification for this project."
On behalf of C.C. Partners, Appian and Withers & Ravenel, Inc. proudly submit the
attached Wetlands Mitigation Map and request a favorable recommendation from each
reviewing agency. Thank you for your time and input into the plan and should you have
any additional comments or concerns please contact me at [phone].
Sincerely,
J. Michael Stocks, P.E.
JMS/snm
cc: file
attachments
94007C05
4PP...
Sfpte of North Carolina
D artment of Environment,
HeJlth and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
March 9, 1994
Mr. Tony Withers
C.C. Partners, Inc.
1149 Executive Circle
Cary, N.C. 27571
Dear Mr. Withers:
A F15TA
,I* 7r4)l A
?EHNR
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed Crooked Creek golf course
Project # 93997, COE # 199400727
Wake County
Attached hereto is a copy of Certification No. 2879 issued
to C.C. Partners, Inc. dated March 9, 1994.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
reston Howard, Jr. P.E.
irector
Attachments
cc: Wilmington District Corps of. Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Michael Stocks; Appian Engineering
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 500k recycled/ 10% post-consumer paper
44PP-
NORTH CAROLINA
Wake 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 C.C. Partners, Inc. in Wake County pursuant to an application filed
on the 3rd day of March,1994 to fill 4.31 acres o f wetlands for golf
course and residential development.
The Application provides adequate assurance that the
discharge of fill material into the waters of Middle.Creek in
conjunction with the proposed development in Wake 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. That the activity 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 25 NTU's or less are not
considered significant). .
2. Mitigation shall be carried out as described in the
2 March 1994 submittal from Appian Engineering.
Two copies of.all annual wetland mitigation reports
shall be sent to DEM, Central Office.
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 or Coastal Area Management Act Permit.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150D of the North
Carolina General Statutes and filed with the'Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
This the 9th day of March, 1994.
DIVISION OF ENVIRONMENTAL MANAGEMENT
WQC# 2879
Howar Jr.
P. E.
. ,I1-
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary

Dr. G. Wayne Wright
Corps of Engineers
P. Q. Box 1890
Wilmington, NC 28402
Dear Dr. Wright:
April 12, 1994

In keeping with your request, this office has circulated to interested state review agencies
U. S. Army Corps of Engineers Public Notice -- Action ID. 199400727 dated December 23,
1993 which describes a project proposed by C. C. Partners, Inc. of Carey. The project, initially
designed to impact directly 4.32 acres of wetlands in the development of a golf course as well
as having the potential for other significant habitat and water quality impacts, is located adjacent
Middle Creek near Macks Village, in Wake County. Agency review appears complete.
The writer does not have the familiarity with the project as do key agency reviewers.
However, I am familiar with the habitat type and resource values. It is my understanding that
this protracted review. has resulted in some reduction in wetland loss (4.31 acres of lower quality
wetland), that there is a stream buffer and some set-aside conservation land. Nevertheless, a
project which started in violation, according to my information, of at least two permit
requirements, is now approved or about to be approved in critical habitat. North Carolina, from
the mountains to the coast, has a thirst for golf course subdivisions. And as long as the market
is there, the development community will respond. In this forum, the writer does not take issue
with such development on high ground. But this dangerous precedent of siting these types of
projects in the remaining bottomland hardwood stream side communities should be avoided.
The future of this state's quality of life, including the human environment, wildlife and
water quality is clearly dependent upon maintaining the integrity of these systems.
P. O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Aci ion, Employer 50% recycled/ 10% post-consumer paper
.r
Dr. G. Wayne Wright
Page 2
April 12, 1994
For the record, I am including copies of key comments, some of which your office may
have already received. The viewpoint position defers to the agreements reached by the key
agencies.
Very sincerely,
AJoR. Parker, Jr.
Inland '404 Coordinator
JRP: jr/aw
cc: John Dorney 1/
John Holley
David Yow
Susan Suggs
Stephen Hall
Enclosure
*****************************************************
DIVISION OF ENVIRONMENTAL MANAGEMENT
RALEIGH REGIONAL OFFICE
March 16, 1994
MAR 2 4 1994
MET-LATf C-0
*****************************************************************
*****************************************************************
TO: John Dorney- Supervisor: Wetlands Technical Review Group
THROUGH: Kenneth Schuster, P. 1//- Regional Supervisor
ZrT
P.E. - Regional Water Quality
xktimothy Donnelly,
Supervisor
FROM: %?5Karl Shaffer - Soil Scientist - RRO
SUBJECT: 401 Water Quality Certification
Crooked Creek Subdivision/Golf Course Project
Project No. 93997
Wake County
I was not sent a copy of your standard staff report page for
this project, as much of my involvement was prior to the original
submittal. Enclosed are three rating sheets for the proposed
project. All show that the proposed impacts to the wetlands (which
are predominantly on the Middle Creek floodplain) are significant.
There was much discussion with the applicant about avoidance and
minimization. The last copy of plans which I had seen still had
major impacts to this wetlands unit. Based on that set of plans,
the RRO recommends denial of the application. However, at the time
of this report, it is known that your office engaged in
negotiations with the applicant to agree at suitable alternatives.
The RRO was not a part of these final negotiations, however, the
RRO met with you prior to this to relay information which it felt
would be acceptable for certification issuance. As the final plan
was never reviewed, the RRO still does not offer a recommendation
for issuance.
Other items:
wetland type-bottomland hardwood forest and swamp
stream- Middle Creek in the Neuse Basin; class C NSW, stream no.
27-43-15-(4) basin no. 03 04 03
wetlands requested- 4.7 acres
rating sheet score- 75.25, 68.25, and 36 attached? - yes
hydro connection? - yes
mitigation? yes, recreation of pond(s) on nonhydric soils (NOTE:
this approach was not acceptable to the RRO, as riparian habitat
and buffers would suffer)
water impacted by fill? no
county: Wake
permit type: individual

Wetland width - , feet
Wetland type (select ones o Other
o Swamp forest o Shoreline "
o Bottomland hardwood forest o Stream channel
o Carolina bay o Saft marsh •
o Pocosin o Brackish marsh •
o Pine savannahs ,lax Freshwater marsh
jet Wet flat" o Bog/Fen •
o Perched o Vernal pool •
SU

Water storage ?- -
::;.:<:::::>:
>
•
Bank/Shoreline stabilization -> ><
x 4.00
<`'
Pollutant removal
•
3
...... •
Sensitive watershed :.::.:;.::.; x 1.50 Wetland score.
Dispersal corridor
•

Special ecological attributes
2
Wildlife habitat
1.50

Aquatic life value ..... .....
•

Recreation/Education •

Economic value >> x 0.25

<.> :::

.......................

.
••• ••• ••• • •••••••••••••...:i:...?i"•••••• •••••••••••••• •••••••••
o Hydrologically connected o Hydrologically Isolated
Wetland area -acres
d
Nearest road S)P, 1393
S; U5 ..
Wetland area
Nearest road.
Wetiand vA.d to
feet
-a,, Wetland type (select one) o Other ---_
- •
- ---- -_--
Swar forest
`
'
? o . Shoreline
BoMmiand hardvVac&forest ? ?
' %_ o Stream channel,
• o Carolina bay o? o Salt marsh •
o Pocosin o Brackish marsh
o Pine savannah X Freshwater marsh .
y o Wet flat o Bog/Fen •
;. o Perched ,,. cy, Vern. of pool
• • • • ? • • • • • • • • f e f • • i f • f '•r • • e f f f ?'• • • •
sum
Water stora
e
:<:
- 1 •^i • • • s e A • f • • • . • ° M i •' • f w
f
g
?,_ ___
BanklShoreiine stabilization _? >;
<:
x 4.00 - •
Pollutant removal _3

Sensitive watershed S?
x 1.50 •

.
Wetland'score
Dispersal corridor
°

Special ecological attributes ::..?.....,.?:
5

Wildlife habitat

x 1.5
0

<`
•

Aquatic...
value ?L'<
.......
`:>: •
•

Recreation/Education

Economic value x0..25- °

Hydrologically connected o Hydrologically IsGIated

We.tLarid type (select one). ?. o Other -- - -----=:

. o -Swamp ;a.rest - ? o Sharelirte
at Bottarntand bardwood'.fdrest = Stream channre! ---
• o Carolina bay o Saft marsh
• o Pocosin o Brackish marsh '
: o Pine savannah o Freshwater marsh :
o Wet flat o Bog/Fen •
G Perched ; > o Vernal: pool ., •
sum ,
Water storage :.,. •
Bar
nFJ.?t1oreline stabilization
x 4.40
Pollutant removal 3 `'"``'````'"' ` ?° •

Sensitive watershed S
-
x I..,S0 •

Wetland
Dispersal corridor

Special ecological attribute s * ,
S
Wildlife habitat

'
x 1.50
.

:,............
5
ti
lif
A
l
ue 1
qua
c
e va
tion/Educ
ti
R
on
a
ecrea
?«>:
4-
Economic value
x 0.25 =
''
-
1
0 Hydrologically connected o Hydrologically isolated

11 11
°
0
•
Hydrologically Isolated
Wetland type (select one) Other

? Swamp forest ? Shoreline •
? Bottomland hardwood forest ? Brackish marsh
? Carolina bay ? Freshwater marsh •
? Pocosin ? Bog/Fen °
? Pine savannah ? Ephemeral wetiand •
? Wet flat
The rating system cannot be applied to salt marshes.
. • • • • • • • • • . • • • • • • . • .. • • • •S um • • • • . • • • •
W
t • • • • • • • • • • • • • • • • • .... 0,
ater s
orage Bank/Shoreline stabilization x 4.00
Pollutant removal - '
Recreation/Education `> »
x 0.25 -
Economic value I ....
49
Project name V-W-W Nearest road
County Wetland area ? acres Wetland width feet
Name of evaluator- r Date-.-T l 3

.
.
.
.
Hydrologically Isolated
Wetland ty
e ( lest one) ? Other
p
[V Swamp forest ? Shoreline '
? Bottomland hardwood forest ? Brackish marsh «
? Carolina bay ? Freshwater marsh •
? Pocosin ? Bog/Fen •
? Pine savannah ? Ephemeral wetiand «
? Wet flat
•
The rating system cannot be applied to salt marshes. .
.. • • . • . • • • • • • • • • • • • • • • . • •3. 0 . • • • • • • • • • • • . • • • • • • • • • • • • • • • • •i
Water storage °
01-
r lin -

a stabilization
B nk/Sho e e
x 4 _
00
Pollutant removal

Sensitive watershed - ?>>'
3 x 1.50 =
Wetland score.
Travel corridor

Special ecological attributes `<<><<><>ii
•
Wildlife habitat ._<><<'> x 1.50 = <>':<

- Aquatic life value- •
??
RecreatioNEducation °
>....... x 0.25
Economic value
•

49
Project name Nearest road- Yw -?(, f
County P Wetland area--.t_U acres Wetland width t
Name of evaluator Date ?'

Project name
Name of evaluator
Nearest road
Wetland area acres Wetland width feet
Date
rologically connected
hydrologically Isolated

Wetland type (select one) GliOther
' •

? Swamp forest ? Shoreline •
? Bottomland hardwood forest ? Brackish marsh
? Carolina bay ? Freshwater marsh
? Pocosin ? Bog/Fen °
? Pine savannah ? Ephemeral wetiand
? Wet flat •
The rating system cannot be applied to salt marshes.

.••••••••e••••e.•e•••
.••••••••••••••.•ee••••••sum
••••••e•e
Water storage _,_<><'>«<>> •
Bank/Shoreline stabilization _ :>::;:;<`; -
x 4.00 -
. :::; •
:
:.
Pollutant removal

Sensitive watershed _

Travel corridor';', •

•
Wetlandscore
Wefland score
.
....... ........
ib
t
i
* o
es
c al attr
u
Special ecolog
Wildlife habitat '>'< x 1.50

<> ::<>>
.....:.............. .
•
Aquatic life value

Recreation/Education .
x 0.25 = ><:::<;<>>> o
Economic: value

49
•

96TI
CUNNIN+AM, DEDMOND, PETERSEN & SMITH
A``TT'ORNEYS AND COUNSELORS AT LAW
225 NORTH BENNETT STREET
BRUCE T. CUNNINGHAM, )R. SOUTHERN PINES, NORTH CAROLINA 28387
RICHARD E. DEDMOND -----
ANN C. PETERSEN [phone]
MARSH SMITH January 27, 1994
Tony Withers, P.E.
Withers & Ravenel
1149 Executive Circle
Cary, NC 27511
C, / \1 1
i
'?? ?, frame
MAILING ADDRESS
P. O. BOX 1468
SOUTHERN PINES, NC 28388
FAX NO. [phone]
JAN 2

Re: Action ID 19940727
Dear Mr. Withers:
C.C. Partners, Inc.
Thanks for your letter of January 12th, and for your supplying me
with the correct information as to the number of acres of wetlands
filled. I had taken my information from the Corps of Engineers
public notice. Unfortunately, I wasn't able to contact you by
telephone on Tuesday, January 25th, when I traveled to the Chapel
Dill for a Continuing Legal Education seminar.
While I appreciate your client's efforts to create wetlands,
replacing those which the project destroys, it seems to me that if
a project destroys 2.9 acres of wetlands, it should create at least
2.9 acres and enhance/upgrade a number of additional acres. After
all, even George Bush supported a "no net loss" goal. My other
suggestions remain unchanged: (1) a developer should have to effect
mitigation rior to destroying any wetlands and (2) this project
site apparently contains a greater acreage of wetlands than the
developer proposes to protect. The developer should have to protect
all the remaining wetlands and should also have to effect wetlands
creation prior to destruction of any existing wetlands in order for
credible incentive to exist.
Further, the conservation easement mentioned in the public notice
can't have effect without a legitimate holder of the easement. What
organization do you propose as the holder of the easement? Most
legitimate 'recipients of conservation easements require an
endowment to pay for perpetual monitoring of the easement and legal
enforcement of its terms if necessary. Does the developer propose
to endow this easement? Will the developer increase the size of the
easement to cover all the remaining wetlands on the project site?
Finally, please don't misunderstand my intentions. I believe that
your client has behaved in a responsible manner by going through
all requisite procedures and hiring an engineering firm such as
yours to help. It's highly disturbing to receive the Corps' public
Tony Withers
January 27, 1994
Page 2
noticesT-for other applicants as I recently did requesting an
permit fir aegal`a<a44
i
ng-_crh;ch has
destroyEd_Jii r;h `,more.. wetland acrea e th n 3a
g... your.... client' procT N
.._?
_mig en to propose absolutely no mitigation. A-particular
recen erm t pequest from Bladen County near-Elizabethtown comes
to . m "Any*.ay; ` I appreciate
your client s efforts in this
process, and I appreciate your sending me the recent letter.
Sincerely,
Marsh Smith
cc:
jqIM-; Dorney
NCM
PO Box 29535
Raleigh, NC 27626-0535
Mr. Eric Alsmeyer
Wilmington District Corps of Engineers
PO Box 1890
Wilmington, NC 28402-1890
P. S.
You may want to contact the Triangle Land Conservancy (1100-A Wake
Forest Rd., Raleigh, NC 27604) or the Conservation Trust for North
Carolina (PO Box 33333, Raleigh, NC 27636) to find a recipient for
any conservation easements conveyed on your client's project.

'A
/ 1 ?

Tr;MAR 2 g 10
s a
. r WETLANDS
p North Carolina Wildlife Resources Commission P
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: G. Wayne Wright, Chief, Regulatory Branch
Department of the Army
Corps of Engineers, Wilmington District
Interim Manager
FROM: David Yow,
Habitat Conservation Program
DATE: March 25, 1994
SUBJECT: Response to revised application and mitigation plan for
Army Corps of Engineers Public Notice for Action No.
199400727 (December 23, 1993) in reference to proposed
fill in wetlands associated with "Crooked Creek"
residential/golf course development project by C. C.
Partners, Inc., Wake County, North Carolina.
The N. C Wildlife Resources Commission (NCWRC) has reviewed
the subject revisions to the application for a 404 Permit and
associated 401 Water Quality Certification, and we offer no
further modifying comment on this project. Favorable NCWRC
review of the permit application is based on the following
provisions, based upon consensus of the permit applicants and
resource agency personnel:
1. Avoidance alternatives have been considered and
eliminated through interagency review of economic
analysis provided by the applicants.
2. Additional minimization measures involving relocation
of proposed facilities in or near wetlands have been
included in the revised application.
3. A revised mitigation plan submitted by the applicant
will compensate for unavoidable wetland losses at or
above the acreage ratios required by regulating
agencies.
C. C. Partners Memo Page 2 March 25, 1994
The NCWRC appreciates that the applicants have addressed
agency concerns through a lengthy process of project review and
coordination. The final application and mitigation plan which
have been produced through this process represent a construction
alternative which'we hope will achieve the objectives of C. C.'
Partners while protecting important natural resources. It is
noted that mitigation areas are proposed for donation to an,
undetermined third party for preservation. Unfortunately, the
NCWRC will likely be' unable to manage these areas as gamelands
because of safety concerns from the adjacent residential areas
and golf course proposed by the applicant. However, we support
the proposed use-of-.the site as a conservation area and feel.that,
such an area will be viewed as an amenity by many prospective
home buyers. The NCWRC will provide additional technical
assistance on plantings and/or habitat structures to benefit
wildlife if the applicant desires to include such management
activities in landscape design on upland areas.
Thank you for the opportunity to provide input to the permit
review process for this project. If I can further assist your
office, please contact me at [phone].
CC: Mike Scruggs, District 3 Wildlife Biologist
T. Wayne Jones, District 3 Fisheries Biologist
John Alderman, Piedmont Region Nongame Project Leader
David Dell, U. S. Fish and Wildlife Service, Raleigh
John Parker, Jr., Div. of Coastal Management, DEHNR
,-,John Dorney, Div. of Environmental Management, DEHNR

LEGEND

. PG DAH
W11.1" 0* IA
owmu
OO b,
AMOUNT N ACRES
FIELD WETLAND TO BE FILLED 2.84 Ac.
(INCLUDES SOUTH PROJECT WETLANDS)
¦
BOTTOMLAND WETLAND TO SE CUT AND FILLED. 122 Ac,
EXISTING WATERS + WETLANDS
RESTORATION CF WETLANDS ALONG EASTSDE
OF POND AREA (RESTORATION AT 2 + 1 )
UPLAND TO BE GRADED AND PLANTED
N HARDWOODS (CREATION AT 3 - 1 )
OUSTING FIELD WETLANDS TO BE PLANTED _
N HARDWOODS (ENHANCEMENT AT 4 =1 )
4.35 Ac.
0.64 Am
OA8 Aa
4,24 Ac.
CONSERVATION EASEMENT (24.44 Ao. CF UPLAND 37.60 Ac.
A AND 13.16 Aa CF WETLANDS (PRESERVATION AT 1011 )
FA-1 POND
1-01 INUNDATED WETLANDS O' TO 2'.
(CREATION AT 3 - 1)
M7 Aa
1.10 AC,
EXISTING FIELD WETLANDS TO BE PLANTED 2.07 Ac.
N WETLAND GRASSES (ENHANCEMENT AT 4 -1 )
EXISTING UPLAND TO BE PLANTED N HARDWOODS 1.84 Ae.
(UPLAND ENHANCEMENT SAME AS PRESERVATION AT 1011 )
AREA TO CUT BUT NOT' STUMPED
O ¦ DOES NOTBECONSTITUTE F
GOLF CART CROSSING
01 FAIRWAY
a GREEN OR TEE AREA
JURISDICTIONAL WETLANDS TO BE FILLED
BOTTOMLAND WETLANDS FILLED 1.22 Ac.
FIELD WETLANDS FILLED 2.20 Ac.
SOUTH PROJECT, ABOVE HEADWATER 0119 Ac.
WETLANDS f GOLF CART CROSSIN GiS 4.31 Ac.
023 Ac.
025 Aa
COMPENSATORY MITIGATION PLAN
ITEM AMOUNT LIFT. RATIO ADJUSTED AMOUNT
RESTORATION OF WETLANDS 0.64 Ac. 2 TO 1 0.64/3 - 0.32 Ac.
CREATED WETLANDS 1.56 Ac. 3 TO 1 1.56/3 - 0.52 Ac.
ENHANCED WETLANDS 6.31 Ac. 4 TO 1 6.31/4 - t58 Ac.
UPLAND ENHANCEMENT 184 Ac. 10 TO 1 1.84/10 - 0.18 Ac.
PRESERVED BOTTOMLAND 37.60 Ac. 10 TO 1 37.60/10 - 3.76 Ac.
TOTAL ADJUSTED MITIGATED AREA - 6.36 Ac.
E=Withers & Ravenel Inc. N?°°"tg'°°s ?,ENGINEERING & SURVEYING WETLANDS MITIGATION MAP
ff.WM CRML CARE. TLC. 27511 (919) 4U-3W
%q
%Q
Snwt No.
Dwlorw Eod*2-3--94
CROOKED CREEK (ACTION ID: 199400727) cro. ? 59
0-kM Sy 19

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Withers & Ravenel, Inc. NR°"'$'°"$ LbM
ENGINEERING & SURVEYING - WETLANDS MITIGATION MAP
1149 06WINE OR= CARP, M.C. MIT [phone]
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4.
WETLAND MITIGATION NOTES
Ail site wetlands were flagged by Soll and Environmental
Cc sultonts and field located and mapped by Withers and
r5.
`IJ Q
6.
Q
Ravenel, Inc. The USCOE approved jurisdictional boundary on
October 8, 1993, Mr. Eric Alsmyer,
No filling or grading Is to be performed in areas designated
as 404 jurI3 Ictional wetlands except where area has been
approved and permitted by the USCOE and NCDEM, Water
Quality.
All work within wetlond area and/or mitigation area will be
completed In accordance with plan sheet number 59, 'Wetlands
Mitigation Plan
All surface runoff from subdivision Is to be directed to
golf course Irrigation ponds. All ponds will be designed
such that Cutlet points will direct bow to (o) existing
bottomland hardwood wetlands (b) existing field wetlands
that have been planted in bottomland hardwoods or (c)
existing bottomland hardwood wetlands that have been Cut and
planted in wetland species grosses. All runoff will be
directed though a manmade wetland or enhanced wetland, then
a natural wetland prior to entering Middle Creek.
Planting bore-rooted tree seedlings: Trees to be planted as
bare-rooted seedlings should be handled only while dormant. Do
not plant tress in toll grasses or legumes which will overshade the
new seedlings. Where possible circle mulch around
seedlings, mulch will help seedlings to compete successfully
with herbaceous plants. For highest chance of species
aur,A I seed in s should be planted In January and/or February
All created and cr enhanced planted areas will be planted
with six (6) di ferent species of trees (16.7X of each )
with trees at 8' d:2' centers. A total of 676 trees/ core
will be planted. Assuming a survival rate of 50% over three
(3) years, net yield equals 338 trees/acre greater than the
minimum of 320 tress/acre. Any survival rate less than 320
trees/acre will result In the area being replanted and/or
o00rRM0Tw AHIFA ? ? f ? GSOO/r
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PLAN FORWARD 10 N OORRIat PLANTIM PROW SOL N NRrOM
uPRKRa PONVOL calm SECD N0. OF Room
r
P= SAR FORAM PILL N LAST rwF SOIL. TEST PLANTNO
FROM
FFIRWNPLANIXR SOL N ?PM UNG sawS? Lamy of PULLINNG
Tar OP ROWS. NN NEEL recr, WDlsHO.
Derr EXPOSE PLANT SEEDLSNS
HOOTS TOM UPRIGHT NOT
OURNO FREEZE N AN MALL .1rY ,•
?\•,
OR PLANT ? IN rte ^r•.
FROM
• HHKNi ^ • •, Now GROUND.
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y 4 Rom so Ttia' SOL - Naval
' "" am LOOSE LEAKS y;
UPIARDS CUT on CENRIS.
arm
•. •',?, • ORONID. TIOIFHLK •. • rr
regraded and replanted.
7. Planting guidelines, survival, and monitoring to conform to
'Corps of Engineers - Wilmington District - Compensatory
Hardwood Mitigotion Guidelines (12/8/93).
8. Mitigation Areas:
a) Ponds: Golf course Irrigation ponds and Storm Water
Q Management Facilities, depth - 2'-6' deep. Area not
counted in mitigation area. Total pond area - 1.17 AC.,
credit given - 0 Ac.
b) Flooded Wetlands: Weiland buffers around Irrigatlon
ponds, depth - 0' to 2' deep. Area counted In
mitigation area as created wetland, 3:1. Total flooded
wetland created 1.10 Ac, Credit givens .37 Ac .
c) Enhanced Wetlands: Area will be planted in hardwood
trees or grasses. Area counted in mitigation area as
enhanced weilanda , 4:1. Total enhanced wetlands
6.31 Ac., credit given - 1.58 Ac.
d) Created Hardwood Wetlands: Area currently uplond.
Area will be graded to an elevation equal to adjacent
wetlands. This area will be flat such that water will
stand for extended periods. Area will be planted In
hardwood tress. Area counted In mitigation area as
created wetlands, 3:1. Total created wetlands - 0.46
AC, Credit given 0.15 Ac.
e) Preservation Area: Area currently ciossifled as 65%
upland and 35% jurisdictional wetlands. This area will
be placed in a conservation easement. Area counted N
mitigation area as preservation, 10:1. Total area of
Conservation - 37.60 Ac, credit given 3.76 Ac.
f) Restored Wetlands: Area currently classified as uplands
that were waters of the United States prior to permitted
dam safety Improvement. This area will be marsh land
once pond elevation is restored. Area counted in mitigation
area as restored wetlands, 20. Total restored wetlands
0.64 Ac. credit given 0.32 Ac.
9. Trees to be plonted Included any combination of at least 6
trees listed below. No one species shall be more than 2OX
of total.
Q Cherrybork Oak (Ouercus Paggodifolia ELL) (?)
Ash, Green (Froxinue Penneylvanica)
• Oak, Swamp Chestnut (Quercus Michouxil) (?)
• Oak, Water Isso artos Nigra)
• Oak, Willow uercua Phelloa
• Gum, Block ysso Syivatlca
Gum, Water Aquatioo) (?)
0 Commat PHxsi mon (Dkepyros Virginians L) (?)
Tress availability confirmed from Warren County Nursery,
Richard at [phone], available unless noted (?).
10. Grasses to be planted Include any combination of at least 3
species listed. No one species shall be more than 5OX of
total.
• Spice Rush (Eleocharis)
• Wet Panicum
• Common Reed (Phragqmites Communis Trin.)
• Halifax Maidencone (Ponicum hemitomon Shultes)
• Redtop (Agrostis olba L.)
• Reed Conorygrass (Pholaris arundinacea L)
• Bigleaf Wlntercreeper (Euonymus fortunei vegato)
Wool Gross
Grassy vegetation selection will be made depending upon
ovoilobi12 of species at the time of planting.
11. All created and enhanced wetland area will be deed restricted k
Beady marked as •Wetlond Monitoring Area-Please Stayout• In
an effort to prevent human damage to plant seedlings.
12. An annual monitoring report will be submitted to the Corps
of Engineers in October of each year until vegetative
success criteria is met. C.C. Partners representative to
coordinated with local COE office.
13. C.C. Partners will secure a performance bond or sufficient
letter of credit to ensure compliance with approved
mitigation requirements.
Q 14. Bare Root tree seedlings to be minimum 1 year old, 12 to 18
Inches high, 1/4" or yyreoter diameter root collar, 4 or more
lateral roots and hod y.
Q 15. Annual Maintenance of course Rough areas will be performed
In late fall only. Do not maintain In early Spring or Summer.
Q 16. Prior to planting bare root seedlingy C.C. Partners will contact
the Corps of Engineers and/or NCOEM, Water Quality Section
to notify each agency involved In the review process to see if
they are interested in participating in the planting process.
DPdr- sooty Sh.4 No.
r-zoo'
CROOKED CREEK (ACTION ID: 199400727) "°'"" W.
_ 60
Chwbd By Job Ne.
74
APPOAK
oomu
LEGEND
AMOUNT N ACRES
FIELD WETLAND TO BE 1911 ED 2.84 Aa
(INCLUDES SOUTH PROJECT WETLANDS)
SOTTOMLAND WETLAND TO BE CUT AND F J-ED. 122 Aa
¦ EXISTING WATERS + WETLANDS 4.65 Ac.
RESTORATION of WER-ANDS ALONG EASrSDE 0.84 Aa
CF POND AREA (RESTORATION AT 2 11 ) .
UPLAND TO BE GRADED AND PLANTED OA8 Aa
N HARDWOODS (CREATION AT 3 1 i )
EXISTING FIELD WETLANDS TO BE PLANTED 4.24 Aa
N HARDWOODS (ENHANCEMENT AT 4, 1 )
CONSERVATION EASEMENT (24.44 Ac. OF UPLAND 37.60 Ac.
AND 13.16 Ac. OF WETLANDS NATION AT 10 11 )
F44 POND
117 Ac.
INUNDATED WETLANDS 9 TO 7 1.10 Ac.
(CREATION AT 311)
EXISTING TAD WETLANDS TO BE PLANTED 2.07 Ac.
IN WETLAND ORA88E8 (ENHANCEMENT AT 411 )
EXISTING UPLAND TO BE PLANTED IN HARDWOODS 1.84 Ac.
(UPLAND ENHANCEMENT SAME AS PRESERVATION AT ID 1 I)
(RE ? NO BE CUT BUT' C tE FILL IMPED 023 Aa
GOLF CART CROSSING 025 Aa
0 FARWAY
Fil GREEN OR TEE AREA
JURISDICTIONAL WETLANDS TO BE FILLED
BOTTOMlLAND WETLANDS FILLED 122 Ac.
FIELD WETLANDS FILLED 2.20 Ac.
SOUTH PROJECT, ABOVE HEADWATER 0.89 Ac.
WETLANDS + GOLF CART CROSSINGS 4.31 Ac.
COMPENSATORY MITIGATION PLAN
ITEM AMOUNT MIT. RATIO ADJUSTED AMOUNT
RESTORATION OF WETLANDS 0.64 Ac. 2 TO 1 0.64/3 - 0.32 Ac.
CREATED WETLANDS 1.56 Ac. 3 TO 1 1.56/3 - 0.52 Ac.
E14HANCED WETLANDS 6.31 Ac. 4 TO 1 6.31/4 -1.58 Ac.
UPLAND ENHANCEMENT 1.84 Ac. 10 TO 1 1.84/10 - 0.18 Am
PRESERVED BOTTOMLAND 37.60 Ac. 10 TO 1 37.60/10 - 3.76 Ac.
TOTAL ADJUSTED MITIGATED AREA - 626 Ac.
Withers & Ravenel, Inc. w°,`s'°"s Dexri t*n Date
ENGINEERING & SURVEYING WETLANDS MITIGATION MAP
1140 CWAnM ORMF. CARP. N.C. 27511 (919) 409-&W
E
?Y4
THERE IS AN EXISTING FORCE MAIN
LOCATED IN A 15' MEANDERING
EAST AN AFTER-THE-FACT PERMIT
WALL NEED TO BE APPLIED FOR.
ACCESS TO GOLF
MAINTENANCE AREA
•??,
ACCESS TO
PROPOSED 10' EASEMENT FOR ABOVE GROUND
Z V WATERLINE. A 10' WIDE MEANDERING
UTILITY EASEMENT WALL BE FIELD LOCATED
TO AVOID LARGE TREE REMOVAL, le 10• AND
-LARGER
PRO.
INTAKE
STRUCTURE

W
1+

SCALE
0 300 600 750 900 1050 1200
w.qM, scal. sn..1 No.
r-aoo'
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CROOKED CREEK (ACTION ID: 199400727) "°" " °°" 59
e4QH

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GENERAL NOTES
L PLANrbl6 MTTOII Poe i WFEw f MXICL
AUW PATTERN TO FTf NIMIfR Q SPECIES. .
m E WANK* FLANT SCD10S w r m cDam
1 PIAMIQ m owlf lLG1 6 vv=
FLANIFD FOR MIRE NOOIIRIN6
? REKAT FLAKM SEaZNCE WTLL ENf=
FLAW= AND IN F ? T'PLAxfEL TM
TYPICAL 1. IR 1 M,,
,
PLANTING PATTERN (6 SPECIES)
NOT M Sc"
TIM SCALE
OCNAIAW PA
4Fi. MML70Y0S
0 300 600 750 900 1050 1200
X041
1

Revisions
7=Withers & Ravenel, Inc. Ne. DRsa tr Dat.
ENGINEERING & SURVEYING WETLANDS MITIGATION MAP
CUME aacLC CARY. N.C. 27511 [phone]
f4
SCAM
I'•20P NSIL
NOT TO SCALE VER.
auSON wu usoon
fill 11 11
? 1 I 1
WETLAND MITIGATION NOTES
1. All site wetlands were flogged by Soil and Environmental
Consultants and field located and mapped by Withers and
Ravend, Inc. The USCOE approved jurisdictional boundary on
October 8, 1993, Mr. Eric Alsmyer.
2. No filling or grading is to be performed in areas designated
as 404 jurisdictional wetlands except where area has been
approved and permitted by the USCOE and NCDEM, Water
Quality.
3. All work within wetland area and/or mitigation area will be
completed in accordance with pan sheet number 59, "Wetlands
Mitigation Plan*.
4. All surface runoff from subdivision is to be directed to
golf course irrigation ponds. All ponds will be designed
such that outlet points will direct flow to (a) existing
bottomlond hardwood wetlands (b) existing field wetlands
that have been planted in bottomland hardwoods or (a)
existing bottomland hardwood wetlands that have been cut and
l planted In wetland species grasses. All runoff will be
directed though a monmade wetlond or enhanced wetland, then
a natural wetland prior to entering Middle Creek.
5. Planting bare-rooted tree seedlings: Trees to be planted as
('- bare-rooted seedlings should be handled only while dormant Do
L_IJ Q not plant trees in tall grosses or legumes which will overshade the
now seedlings. Where possible circle mulch around
seedlings, mulch will help endings to compete successfully
with herbaceous plants. For highest chance of species
survival, seedlin a should be planted In January and/or February
6. All created and cr enhanced planted areas will be planted
with six (6) di ferent species of trees (16.7X of each )
with trees at 8' t2' centers. A total of 676 trees/ acre
will be planted. Assuming a survival rate of 50% over three
0 (3) years, net yield equals 338 trees/acre greater than the
minimum of 320 trees/core. Any survival rate leas than 320
trees/acre will result in the area being replanted and/or
7. Planting guidelines, survival, and monitoring to conform to
"Corps of Engineers - Wilmington District - Compensatory
Hardwood Mitigation Guidelines (12/8/93).
8. Mitigation Areas:
a) Ponds: Golf course irrigation ponds and Storm Water
0 Management Faollities, depth - 2'-6' deep. Area not
counted In mitiggation area. Total pond area - 1.17 Ac.,
credit given 0 Ac.
b) Flooded Wetlands: Wetland buffers around Irrigation
ponds, depth - 0' to 2' deep. Area counted In
mitigation area as created wetlond, 3:1. Total flooded
wetland created 1 1.10 Ac. Credit given - .37 Ac .
c) Enhanced Wetlands: Area will be planted in hardwood
trees or grasses. Area counted in mitigation area as
enhanced wetlands , 4:1. Total enhanced wetlands
6.31 Ac., credit yWen 1.58 Ac.
d) Created Hardwood Wetlands: Area currently upland.
Area will be graded to on elevation equal to adjacent
wetlands. This area will be flat such that water will
stand for extended periods Area will be planted in
hardwood trees Area counted In mitigation area as
created wetlands, 3:1. Total created wetlands - 0.46
Ac, credit given 0.15 Ac.
e) Pronivotion Area: Area currently classified as 66%
upland and 35X )urladietlond wetlands. This area will
be ploced in a conservation easement. Area counted in
mitigation area as preservation, 10:1. Total area of
conservation - 37.60 Ac, credit given 3.76 Ac.
f) Restored Wetlands: Area currency classified as uplands
that were waters of the United States prior to permitted
dam safety Improvement. This area will be marsh land
once pond elevation is restored. Area counted in mitigation
area as restored wetlands, 2:1. Total restored wetlands
0.64 Ac. credit given 0.32 Ac.
9. Trees to be planted Included any combination of at least 6
trees listed below. No one species shall be more than 20%
of total
Q Cherrybork Oak (Quercus Pagodifolia ELL) (?)
Ash, Green (Froxinus Pennsyfvanico)
• Oak, Swamp Chestnut (Quercus Michauxil) (T)
• Oak, Water ((Quercus Nigro)
• Ook, VAllow ((( Quercus Pheiloo
• Gum, Black Nyasa Sylvatico
Gum, Water Nyyass Aquotico) (?)
® Overcup Oak (eocus Lyrato)
• Common Persimmon (Diospyros Vlrginlono L.) (?)
Trees availability confirmed from Warren County Nursery,
Richard at [phone], available union noted (?).
10. Grosses to be planted Include any combination of at least 3
species listed. No one species shall be more than 50% of
totd.
• Spike Rush (Elsocharis)
• Wet Ponicum
• Common Reed (Phroggmites Communis Trin.)
• Halifax kloidencone (Panicum hemilomon Shultes)
• Redtop (Agrostle olbo L)
• Reed Conarygross (Phalcris arundinacea L)
• Bigleof Wintercreeper (Euonymus fortune[ vagato)
• Wool Grass
Grassy vegetation selection will be made depending upon
availability of species at the time of planting.
11. All created and enhanced wetland area will be deed restricted do
dearly marked as "Wetland Monitoring Area-Please Stayout" In
an effort to prevent human damage to plant seedlings.
12. An annual monitoring report will be submitted to the Corps
of Engineers in October of each year until vegetative
success crlterio is met. C. C. Partners representative to
coordinated with local COE. office.
13. C.C. Partners will secure a performance bond or sufficient
letter of credit to ensure compliance with approved
mitigation requirements.
QQ 14. Bare Root tree seedlings to be minimum 1 year old, 12 to 18
inches high, 1/4" or greater diameter root collar, 4 or more
lateral roots and healthy.
15. Annual Maintenance of course Rough areas will be performed
in late fall only. Do not maintain in early Spring or Summer.
Q 16. Prior to planting bare root seedling C.C. Partners will contact
the Corps of Engineers and/" NCDEM, Water Quality Section
to notify each agency involved in the review process to see if
they ore Interested in participating in the planting process.
--SECl1oN@l-1_.---? l?;r---
SCALE, `. "
1••200' NOR.
NOT TO SCAM vER.
PLANTING BARE-
ROOTED SEEDLINGS
x ev <Pm w,w ,?.. NAUrrn
7Emum SHOULD SE PWrIm NMOxATELY. IF IT is
MR33" r W SIM M033-PACKED TIMINGS FOR MARE
mUM : WW OME Pwr a WATER PER PNO. I SHOULD 09
7RFATFD 00 NOT AW WATER W PAL
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60
CROOKED CREEK (ACTION ID: 199400727) "°'^" _14
Ch<ck d A,b N.. o/
Fax #: 919 97 - 638
Telephone: [phone]
APPIAN CONSULTING ENGINEERS
F 841 S. Wesleyan- Blvd.
G
C'.)
P.O. Bari 7966
Rocky Mount, North Carolina 27804-0966
GENTLEMEN:
WE ARE SENDING YOU THE FOLLOWING:
? Prints/Plans ? Estimates ? Contracts
? Permit Applications ? Change order ? Bid Proposal
LETT??OF TRANSMITTAL
DATE 3-,? -q4 it JOB NO. Vo 7
ATTENTION n
/„
RE:
'd r

? Specifications
13 -
THESE ARE TRANSMITTED as checked below:
? For approval ? Bid Tabulation Distribution ? Boundary Survey needed - see attached
? For your use ? Approved permits for your files/records ? Easement needed - see attached
? As requested ? For Review and Comment ? Topographical survey needed - see attached
? Forward to Appian your Performance Bond, Labor and Materials and Insurance Certificates
? For your signature, then return to Appian/
? For your processing with:
? Permit Applications
? Appian Chk #
? Financial Responsibility form
? As discussed
Deliver
Hand
Date:
? Specifications
- in the amount of $
COPIES DATE NO. DESCRIPTION
/ 2-3-q4 /
S r!-'` ors e? 040

REMARKS
COPY TO SIGNED:
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® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Parker, Jr., Inland 11404" Coordinator
Dept. of Environment, Health, & Natural Resources
FROM: David Yow, Piedmont Region Coordinator 40' ;1
Habitat Conservation Program
DATE: February 25, 1994
SUBJECT: Response to U. S. Army Corps of Engineers Public Notice
for Action No. 199400727 (December 23, 1993) in
.reference to proposed fill in wetlands associated with
"Crooked Creek" residential/golf course development
F project by C. C. Partners, Inc., Wake County, North
Carolina.
The N. C. Wildlife Resources Commission (NCWRC) has reviewed
the subject application for a U. S. Army Corps of Engineers (COE)
404 Permit and associated 401 Water Quality Certification. A
site visit was conducted on January 27, 1994 to assess potential
project impacts on fish and wildlife resources. Subsequent
interagency meetings on this project were attended on January 28
and February 1, 1994. At the request of the permit applicant,
our final recommendations on this permit have been withheld .
pending presentation of additional analysis of build alternatives
for the subject project. our comments are provided in accordance
with the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d).
The proposed project involves construction of a residential
development and 18-hole golf course. Wetland fill originally
proposed was associated with golf course construction and
totalled approximately 4.32 acres of waters and wetlands.
Potential project impacts include fill and/or dewatering of
wetlands, channelization and culverting of tributary streams,
loss and fragmentation of forested wildlife habitat, and
potential introduction of toxicants and nutrients to aquatic
systems from residential and golf course runoff. In addition to
wetland impacts, fragmentation and loss of upland wildlife
habitat will result from project construction. The project
involves tributaries to Swift Creek, and adverse impacts to
C. C. Partners Memo Page 2 February 25, 1994
state- and federally listed species may result from any
degradation of aquatic habitat.
.. The..NCWRC appreciates the.efforts of C. C. Partners.staff .
and Consultants,to evaluate additional project modifications to
avoid, minimize, and compensate wetland and upland habitat loss
resulting from the proposed construction. An economic analysis
of build alternatives which would avoid wetland fill has been
submitted"to the Department for review. In addition, a build
alternative has been prepared which would partially alleviate the
qualitative impact of construction on adjacent wetlands.' While
overalI wetland-loss-under this-alternative is roughly-comparable
to that initially proposed, loss and fragmentation of hardwood
forest wetland has been minimized. An on-site mitigation plan
has been prepared involving wetland/upland hardwood forest
preservation, hardwood enhancement of existing degraded wetlands,
and creation of forested and emergent wetlands.
The NCWRC recommends the following modifications to the 404
Permit:
1. Avoidance alternatives must be fully considered and
eliminated prior to NCWRC consideration of
compensatory mitigative measures. The applicant must
demonstrate that no practicable non-wetland build
alternatives exist which would serve the purpose and
need of the project. The NCWRC recommends that no
permit/certification be issued for the subject
project until an economic alternatives analysis has
been reviewed and approved by the COE and the N. C.
Division of Environmental Management (DEM).
2. The NCWRC supports additional avoidance/minimization
measures discussed in a meeting on February 23, 1994,
including reduction of fill in fairways near Middle
Creek (Hole 16) and south of Needmore Hilltop Road.
Additionally, wetland fill associated with Hole 13
tees near the maintenance area will be eliminated,
and clearing of forested wetland will be minimized as
much as possible.
3. Tall fescue should be eliminated from the planting
list for grassy vegetation. This may enhance success
in establishing more desirable wetland vegetation.
4. Red maple should be eliminated from the planting list
for hardwood reforestation. This species will likely
be present in the mitigation areas from natural
encroachment, and planting efforts should feature
more desirable species.
5. Cherrybark oak (Quercus falcata var. pagodaefolia)
should replace swamp chestnut oak in the planting
list.
A I . .!
C. C. Partners Memo Page 3 February 25, 1994
6. Overcup oak (Q. lyrata) should replace water tupelo
in the planting list.
A?-7. Common persimmon (Diospyros virginiana) should
replace black locust in the planting list.
8. All tree plantings should use 1-year-old bare root
.. seedlings with a"1/4-inch minimum root collar
diameter. Obtaining seedlings from eastern suppliers
(within approximately 500 miles east or west of the
planting site) may enhance survival rate of -
seedlings.
9. Tree seedlings should be planted in January or
February if possible.
10. The NCWRC finds the tree species planting pattern
acceptable. For aesthetic purposes, the 8-foot
center pattern could incorporate meanders or
variability in seedling rows and spacing, rather than
planting in a simple rectangular pattern.
It should be noted that all mitigation areas must be
protected in perpetuity, regardless of change in ownership.
U Conservation easements and deed restrictions should be developed
to retain these areas in a natural state. It is also noted that
additional forested wetland acreage near the treatment plant at
the northwestern margin of the property is not included in the
conservation easement. Should future development occur in this
area, the NCWRC will consider cumulative impacts of the Crooked
Creek development on wetland resources within the watershed when
reviewing any subsequent permits or certifications which may
apply.
The NCWRC offers no objection to approval of 404 Permit and
attendant 401 Certification for this project, provided the
recommendations above are included as permit/certification
conditions. The NCWRC requests that any subsequent meetings
regarding continued development of mitigation plans be
coordinated with this office.
Thank you for the opportunity to provide input to the permit
review process for this project. If I can further assist your
office, please contact me at [phone].
CC: Mike Scruggs, District 3 Wildlife Biologist
Wayne Jones, District 3 Fisheries Biologist
John Alderman,. Piedmont Region Nongame Project Leader
Ken Jolly, Manager, COE Reg. Field Office, Raleigh
David Pell, U. S. Fish and Wildlife Service, Raleigh
John Dorney, DEM, DEHNR
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CC PARTNERS, INC.
1149 Executive Circle, Cary, N. C. 27511 * 9191469-3340 * FAX.-9191467-6008
February 10, 1994
Mr. Eric Alsmeyer
Corps of Engineers
6512 Falls of Neuse Road
Suite 105
Raleigh, North Carolina 27615-6846
Re:
Crooked Creek Alternatives Analysis
Dear Eric:
k.
The enclosed information is in response to a request for additional information concerning
alternatives for the above referenced Crooked Creek Golf Course and Subdivision. Some
alternative information was provided in the narrative dated 1/28/94 prepared by Tony Withers
and again in some additional information in the 1/31/94 development projections prepared by
J. Kelly Lanier, CPA, with Harper Wiggins & Company. Both of those documents should be
used in conjunction with the information contained herein as additional supporting information
for the selection of this site.
As has been previously stated, a site has been looked for passively for approximately 41/2years.
An active search begin approximately 31/2 years ago. The first site evaluated was a large tract
in the Jordan basin just south of Apex. It was assembled by Bill Turner, a local relator with the
Turner Group. He continues to market this tract. The major problem with this tract is the
ability to dispose of waste water. Because it is in the Jordan Lake basin, discharge into Jordan
is not permitted due to its nutrient sensitivity. Sewer must discharge into the Town of Apex
system and Apex does not have adequate sewer capacity without significant upgrades. In
addition, due to the number of houses that would be generated, significant major improvements
to the Apex collection system would also have to be made by the developer. Other Town
requirements such as water and sewer fees, acreage fees, etc. make it cost prohibitive. This
would also not be the targeted market of a larger lot subdivision to county standards.
A second tract was identified in the vicinity of West Lake school. This tract was determined
to be in an undesirable location since it was not served by paved roads and was not near
acceptable major access routes. In addition it had no significant water source and no significant
topographic features to enhance the golf course character. It was basically flat pasture farmland.
Some preliminary work was done on this parcel, but it was quickly ruled not acceptable.

Mr. Eric Alsmeyer
February 10, 1994
Page 2
Several other tracts were briefly reviewed but were quickly eliminated since tkpy did not meet
the major concerns which were a suitable water source for irrigation, ability to secure sewer
approvals for septic tanks or treated discharge, significant topographic features to enhance golf
course play, good road access, location in the area of demand for this type of recreational
activity (southern Wake County), location in an area of people that can afford housing for this
type of activity, affordable, available for purchase, and able to provide an appropriate number
of lots to justify a marketable rate of return.
Several parcels of property that we evaluated appeared to have some wetlands during preliminary
review. It was our assumption, based upon our initial wetland evaluation completed by Kevin
Martin of the selected property, that although a significant amount of wetlands were anticipated
on the lower approximately 50 acres of the property, adjacent to Middle Creek, that there was
enough non-wetland area to route several holes of golf through. We also anticipated the ability
to impact some wetlands as the headwater call requiring the individual permit was only
determined in the last six months or approximately one year after initial wetland work had
begun. Upon working exhaustively to complete numerous routing plans, it has been determined.
it is not possible to complete a financially viable project without some wetland disturbance. This
limited disturbance is essential to the project. Without the wetlands disturbance we cannot
access the bottomland areas and there can be no acceptable routing to utilize the topographic
features for which the site was purchased with the exception of building adjacent to Middle
Creek and removing significant acres of bottomland hardwood stands. We have to date
completed routings with direct input from each regulatory agency so that if wetlands are
impacted it would be mostly low quality wetlands (See routing and mitigation plan prepared and
distributed by Mike Stocks).
As the population in the area increases, so does the need for recreation. The demand for golf
is supported by market analysis to help meet that need. Due to the requirements of golf
construction and the need to build on large acreages of land, it is difficult if not impossible to
locate suitable tracts that will work both aesthetically and financially. We feel with proper
construction practices that we can enhance water quality and even though impacting some
wetlands can offset these impacts with mitigation by creation and protection of additional
wetlands indefinitely. We have offered each of these alternatives in our mitigation plan.
In utilizing a comprehensive search for property to meet the major parameters of design, we
were able to identify only this site in our review. We also did not base our selection on a
"zero" wetland impact as this was not the prevailing regulation at the time of site selection. We
thought some impact was acceptable. Had we chosen a more rural setting it would have lacked
the population needed to support such a facility. Had it been located in a more populous area
public utilities would have been required which would have meant significant additional costs
and a different product than we are providing. Therefore, the site identified was selected and
we proceeded in what we feel to be a reasonable and responsible manner.

Mr. Eric Alsmeyer
February 10, 1994
Page 3
I hope this information is acceptable in supporting the fact that alternative+.sites were not
available. Should additional questions arise, however, do not hesitate to contact us so that we
can respond.
Sincerely,
C.C. PARTNERS, INC.
1
Tony Withers, P.E.
President
c: John Dorney, DEM
David Dell, FWS
David Yow, WRC
Lee Pelej, EPA
Mike Stocks, Appian
D: G-300\CROOKCRK. SUB\021094. EA
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CC PARTNERS, INC.
1149 Executive Circle, Cary, N. C. 27511 * 9191469-3340 * FAX.•9191467--6008
February 10, 1994
Mr. Eric Alsmeyer
Corps of Engineers
6512 Falls of Neuse Road
Suite 105
Raleigh, North Carolina 27615-6846
Re:
Crooked Creek Alternatives Analysis
Dear Eric:

The enclosed information is in response to a request for additional information concerning
alternatives for the above referenced Crooked Creek Golf Course and Subdivision. Some
alternative information was provided in the narrative dated 1/28/94 prepared by Tony Withers
and again in some additional information in the 1/31/94 development projections prepared by
J. Kelly Lanier, CPA, with Harper Wiggins & Company. Both of those documents should be
used in conjunction with the information contained herein as additional supporting information
for the selection of this site.
As has been previously stated, a site has been looked for passively for approximately 41h years.
An active search begin approximately 31/2 years ago. The first site evaluated was a large tract
in the Jordan basin just south of Apex. It was assembled by Bill Turner, a local relator with the
Turner Group. He continues to market this tract. The major problem with this tract is the
ability to dispose of waste water. Because it is in the Jordan Lake basin, discharge into Jordan
is not permitted due to its nutrient sensitivity. Sewer must discharge into the Town of Apex
system and Apex does not have adequate sewer capacity without significant upgrades. In
addition, due to the number of houses that would be generated, significant major improvements
to the Apex collection system would also have to be made by the developer. Other Town
requirements such as water and sewer fees, acreage fees, etc. make it cost prohibitive. This
would also not be the targeted market of a larger lot subdivision to county standards.
A second tract was identified in the vicinity of West Lake school. This tract was determined
to be in an undesirable location since it was not served by paved roads and was not near
acceptable major access routes. In addition it had no significant water source and no significant
topographic features to enhance the golf course character. It was basically flat pasture farmland.
Some preliminary work was done on this parcel, but it was quickly ruled not acceptable.
I.
Mr. Eric Alsmeyer
February 10, 1994
Page 2
Several other tracts were briefly reviewed but were quickly eliminated since t1Z?y did not meet
the major concerns which were a suitable water source for irrigation, ability to secure sewer
approvals for septic tanks or treated discharge, significant topographic features to enhance golf
course play, good road access, location in the area of demand for this type of recreational
activity (southern Wake County), location in an area of people that can afford housing for this
type of activity, affordable, available for purchase, and able to provide an appropriate number
of lots to justify a marketable rate of return.
Several parcels of property that we evaluated appeared to have some wetlands during preliminary
review. It was our assumption, based upon our initial wetland evaluation completed by Kevin
Martin of the selected property, that although a significant amount of wetlands were anticipated
on the lower approximately 50 acres of the property, adjacent to Middle Creek, that there was
enough non-wetland area to route several holes of golf through. We also anticipated the ability
to impact some wetlands as the headwater call requiring the individual permit was only
determined in the last six months or approximately one year after initial wetland work had
begun. Upon working exhaustively to complete numerous routing plans, it has been determined
it is not possible to complete a financially viable project without some wetland disturbance. This
limited disturbance is essential to the project. Without the wetlands disturbance we cannot
access the bottomland areas and there can be no acceptable routing to utilize the topographic
features for which the site was purchased with the exception of building adjacent to Middle
Creek and removing significant acres of bottomland hardwood stands. We have to date
completed routings with direct input from each regulatory agency so that if wetlands are
impacted it would be mostly low quality wetlands (See routing and mitigation plan prepared and
distributed by Mike Stocks).
As the population in the area increases, so does the need for recreation. The demand for golf
is supported by market analysis to help meet that need. Due to the requirements of golf
construction and the need to build on large acreages of land, it is difficult if not impossible to
locate suitable tracts that will work both aesthetically and financially. We feel with proper
construction practices that we can enhance water quality and even though impacting some
wetlands can offset these impacts with mitigation by creation and protection of additional
wetlands indefinitely. We have offered each of these alternatives in our mitigation plan.
In utilizing a comprehensive search for property to meet the major parameters of design, we
were able to identify only this site in our review. We also did not base our selection on a
"zero" wetland impact as this was not the prevailing regulation at the time of site selection. We
thought some impact was acceptable. Had we chosen a more rural setting it would have lacked
the population needed to support such a facility. Had it been located in a more populous area
public utilities would have been required which would have meant significant additional costs
and a different product than we are providing. Therefore, the site identified was selected and
we proceeded in what we feel to be a reasonable and responsible manner.
Mr. Eric Alsmeyer
February 10, 1994
Page 3
I hope this information is acceptable in supporting the fact that alternativ ek. sites were not
available. Should additional questions arise, however, do not hesitate to contact us so that we
can respond.
Sincerely,
C.C. PARTNERS, INC.
J
Tony Withers, P.E.
President
c: John Dorney, DEM
David Dell, FWS
David Yow, WRC
Lee Pelej, EPA
Mike Stocks, Appian
D: G-300\CROOKCRK. SUB\ 021094. EA
CC PARTNERS, INC.
1149 Executive Circle, Cary, N. C. 27511 * 9191469-3340 * FAX.•9191467--6008
February 15, 1994
Mr. Eric Alsmeyer
Corps of Engineers
6512 Falls of Neuse Road
Suite 105
Raleigh, North Carolina 27615-6846 ?Q
Re: Letters of February 8, 1994 & February 11, 1994
Crooked Creek Subdivision Action ID #199400727
Dear Eric:
0
2 ,.
I have provided to you under separate cover a detailed analysis supporting the fact that no other
alternative sites -were or are available. In response to the two letters received from Mr. Wright
dated February 8 and 11, 1994 with attached letters and the additional requested information,
we have provided under separate cover a detailed mitigation plan and supporting graphics. This
was prepared by Mr. Mike Stocks with Appian Consulting Engineers, P.A. in Rocky Mount.
This should respond to Item 2 of the February 8 correspondence and also Item 3 a, b, and c of
the same letter.
With respect to Item 1, I will address that later in this letter.
With respect to Mr. John Holley's letter, a portion of the project has already received approval
for sedimentation and erosion control from Wake County. Future areas will be designed
according to Wake County Standards and approved prior to construction. This is not a
requirement for receipt of a 404 Wetlands Permit. Appropriate plans will be prepared,
submitted and reviewed according to County requirements. Also with respect to the dam, plans
are presently under review for modification to the dam. It is not our understanding that these
permits are requirements for issuance of a 404 Wetlands Permit either.
With respect to Susan Sugg's memo of January 12, 1994, we have substantially altered the
original submittal and the revised plan should adequately address her comments.
With respect to Thomas Welburne's letter of approximately January 28, 1994 (no date on letter)
we have substantially reduced bottom land hardwoods cutting as requested. Revised plans and
mitigation provided should adequately address his comments.
t
Mr. Eric Alsmeyer
February 15, 1994
Page 2
With respect to Steven P. Hall's letter of January 24, 1994, we have not had a?biologist on site
looking for the dwarf wedge mussel nor the least brook lamprey nor the Atlantic pigtoe mussel.
We have had representatives of the U.S. Fish & Wildlife Service sit in on several meetings and
they are in agreement with the revised routing and impact minimization as proposed.
Finally, in response to requirements for addressing the conservation easement Item 1, we would
suggest deed restrictions to restrict activity on this land. These deed restrictions would be in the
form of recorded documents limiting future access or use of this property for any golf course
or related activity and require this property to remain in an "as is" state. We would also agree
to discuss transfer of this property to a local conservation group such as the Triangle Land
Conservancy.
With respect to the February 8, 1994 letter and attachment letter dated February 8, 1994 from
U.S. Fish and Wildlife Service, substantial modifications to the initial proposed plans have been
made which substantially reduce impacts and address each comment provided by the U.S. Fish
& Wildlife Service. We have also attempted in the revisions to protect non-wetland bottomland.
hardwood areas to enhance and protect these areas.
In summary, I feel this letter adequately addresses additional comments raised and should allow
prompt processing of the 404 Wetlands Permit application. Should, however, you have
additional questions or require additional information we request that you respond promptly.
We look forward to your continued review.
Sincerely,
C.C. PARTNERS, INC.
I
Tony ithers, P.E.
c: John Dorney, DEM
David Dell, FWS
David Yow, WRC
Lee Pelej, EPA
Mike Stocks, Appian
D: G-300\CROOKCRK. SUB\021594. EA

APPIAN CONSULTING ENGINEERS, P.A.
CIVIL AND MUNICIPAL ENGINEERS
POST OFFICE BOX 7966
ROCKY MOUNT, NORTH CAROLINA 27804-0966
BOBBY L. JOYNER, P.E.
fi
841 S. WESLEYAN BLVD.
TELEPHONE [phone]
FAX s 919) 972-7638
February 14, 1994
Mr. Eric Alsmeyer
6512 Falls of Neuse Rd
Suite 105
Raleigh, NC 27615
RE: Crooked Creek
Action ID: 199400727
Dear Eric:
tart.:'
The following will address the USCOE letter dated February 8, 1994 pertaining to the
above captioned project.
(1) Provide information regarding the ownership and specific protection
stipulations of the "Conservation Easement" along Middle Creek.
The proposed "Conservation Easement Area" will be placed under single
ownership and restrictive covenants will be prepared stating that the area
shall be left in its natural state, i.e. clear cutting and select cutting will not
be allowed. C.C. Partners will attempt to find an agency willing to accept
the land as a donation , i.e. The Natural Heritage Program or any other
agency willing to accept.
(2) Mitigation Proposed.
The attached Wetlands Mitigation Map , sheet 59 & 60, is a revised wetland
impact map and the proposed mitigation plan to compensate for the
unavoidable wetland impacts. We have discussed the proposed revisions
with the appropriate agencies, as you are aware, and the attached plan has
had there input. I am also sending them a copy of this cover and the
attached wetland mitigation maps.
(3) Regarding the MOA, avoiding, minimize and compensate.
a. Alternatives
b. Minimize
C. - Mitigation
We have addressed the on-site and off-site alternatives as they relate to
practical alternatives under a separate cover. We have spent several
evenings meeting with you, DEM, FWS, etc. in what I believe has been a
Mr. Eric Alsmeyer
February 14, 1994
2
successful attempt to layout a plan that will minimize the wetland losses and
impacts. Hopefully, we have successfully convinced each reviewing agency
that we have minimized adverse impacts.
We appreciate all the effort each agency has put into this project. We thank you and
eagerly await the meeting scheduled for Wednesday, the 23rd of February at 2:00 PM at
219 East North Street.
Sincerely, I44J5?4
J. Michael Stocks, P.E.
JMS/snm
94007C02
cc: Mr. John Dorney DEM
Mr. David Dell FWS
Mr. David Yow WRC
Mr. Lee -Pelej EPA
Mr. Tony Withers, P.E. W&R
attachments
f
Z
_ _ ____.

--
- ----- --- --

ii
I;
BOBBY L. JOYNER, P.E.
February 8, 1994
To: Eric Alsmyer
John Dorney
David Dell
David Yow
Tony Withers
From: Mike Stocks
RE: Crooked Creek
APPIAN CONSULTING ENGINEERS1 P.A.
CIVIL AND MUNICIPAL EN RS
POST OFFICE B 7966
ROCKY MOUNTS NORTH CAROLINA 278 4-0966
COE
DEM
FWS
WRC
C.C. Partners

841 S. WESLEYAN BLVD.
TELEPHONE [phone]
FAX + (91 9) 972-7638
This correspondence cofirms that there will be a meeting at 219 S. North Street on
Wednesday 23rd 1994 at 2:00 PM.
If a conflict arises with the appointed time please contact me at 919-972-7703.
Thanks,
Aoj
ike Stocks
cc: file
WITHERS & RAVENEL Engineering & Surveying, Inc.
1149 Executive Circle • Cary, N.C. 27511 • [phone] . Fax [phone]
February 2, 1994
Mr. John Dorney
North Carolina Department of Environment, Health
and Natural Resources
Division of Environmental Management
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Re: Project #93997
Corp of Engineers #199400727
Crooked Creek
Wake County, N.C.
Dear Mr. Dorney:
Hamilton E. Withers, P.E.
Samuel F. Ravenel, P. E.
James E. Canfield, P.E.
Richard E. Bullock, RLS
In response to your January 20, 1994 correspondence and for future documentation prior to
receipt of your letter, as you are aware, we prior received verbal feedback through numerous
phone conversations of your requested additional information for the above referenced project.
As a result we met with you and Eric on January 26 to further discuss your questions. A
detailed financial analysis was presented by Mr. Mike Stocks. We also discussed alternate
routings.
The results of this meeting were a desire by both the State and the Corps to preserve upland
hardwoods and convert impacts to lesser quality impacts i.e. field areas. It was your direction
to go back and look at additional revised routing alternatives with this in mind. Also, Mr.
Ferrell indicated a line through the site approximately at the 100 year flood plain elevation which
he would like to see all disturbance remain above, especially in woodland areas. At this meeting
we arranged a follow up meeting with the Corps of Engineer's Mr. Eric Alsmeyer on Friday,
January 20 and with yourself on Tuesday, February i.
At the meeting with Mr. Alsmeyer on the 28th we further discussed. minimization and
mitigation. We also attempted to provide additional financial information for justification of a
need for some wetland impacts. Also present at this meeting was Mr. David Yow with North
Carolina Fish and Wildlife. The results of this meeting were a general confirmation of the
revised routings, primarily in the field area, but still some question as too justification for impact
from a financial standpoint as we were not qualified to provide the financial analysis we were
attempting to provide.
?"r

Mr. John Dorney
February 2, 1994
Page 2
As you are aware on February 1, we met with you again to further discuss routing. At this
meeting we provided to you a detailed financial analysis prepared by our CPA, Mr. Kelly Lanier
with Harper Wiggins & Company. Mr. Lanier took our financial information and arranged it
in the proper accounting format to assist in understanding by both the State and the Corps of the
financial implications of not allowing some wetlands disturbance. At this meeting on the 1st,
in attendance by yourself, again Mr. Yow with North Carolina Fish and Wildlife, Mr. Lanier,
Mike Stocks and myself we came to a general understanding and acceptance of the routing as
proposed and further discussed mitigation. We left this meeting with your and Mr. Ferrell's
general concurrence that the routing was significantly improved and that upon satisfactorily
reviewing the financial information and providing a detailed mitigation plan that the 401 could
be issued by Friday, February 14, 1994.
Mr. Lanier will contact Mr. Alsmeyer to ensure that the financial questions are satisfactorily
addressed. Also, Mike Stocks will be preparing the detailed mitigation plan and providing it to
you and Mr. Alsmeyer to meet your requirements for appropriate mitigation. With this we
would like action as quickly as possible. Should there be any additional questions or comments,
I would encourage you to call me immediately. As time is of the essence for reasons earlier
stated, we appreciate your prompt action.
Again let me say we appreciate your feedback and positive input and ability to understand our
position. I feel the result is an overall acceptable plan on our part and a true improvement in
meeting the intent of the wetlands and water quality laws. We look forward to your comments.
Sincerely,
?? ?Jwk
Tony Withers, P.E.
c: Eric Alsmeyer
Mike Stocks, P.E.
Kelly Lanier, CPA
David Yow
D: G-300\CROOKCRK.SUB\020294.JD
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DATE: - ?z ?-7? -
SUBJECT:

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State of North Carolina ITM?r
Department of Environment, LTX;VA
Health and Natural Resources 4 • •
Division of Environmental Management
James B. Hunt, Jr., Governor ID F=
Jonathan B. Howes, Secretary C
A. Preston Howard, Jr., RE, Director
January 20, 1994
Y
C.C. Partners, Inc.
c/o Mr. Tony Withers
1149 Executive Circle
Cary, N.C. 27511
Project #93997, COE #199400727
Wake County
Dear Mr. Withers:
The Division of Environmental Management, Water Quality
Section has reviewed your plans for wetland fill for 4.32 acres
of water and wetlands at Crooked Creek golf course in Wake County
for golf course development. Based on this review, we have
identified significant uses which would be removed by this
project. These are water storage, pollutant removal, streambank
stabilization and wildlife habitat. Furthermore, insufficient
evidence is present in our files to conclude that your project
must be built as planned. Therefore, we are moving toward denial
of your 401 Certification.
Please provide us with information supporting your position
that your project must be constructed in wetlands. Specifically
can you construct your `golf course on nearby upland or by
following the margin of the floodplain along the edge of the
bluff? Any documentation such as maps and narrative which you
can supply to address upland alternatives may be helpful in our
review of your 401 Certification. Please respond within two
weeks of the date of this letter.
If you have any questions, please call me at 919/733-1786.
Si cerely,
Jo n R. Dorn
93997.wet
cc: Raleigh DEM Regional Office
John Parker, Coastal Management
Wilmington Office COE
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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James B. Hunt, Jr., Governor C) F= H N R
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
January 20, 1994
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C.C. Partners, Inc.
c/o Mr. Tony Withers
1149 Executive Circle
Cary, N.C. 27511
Project 493997, COE 4199400727
Wake County
Dear Mr. Withers:
The Division of Environmental Management, Water Quality
Section has reviewed your plans for wetland fill for 4.32 acres
of water and wetlands at Crooked Creek golf course in Wake County
for golf course development. Based on this review, we have
identified significant uses which would be removed by this
project. These are water storage, pollutant removal, streambank
stabilization and wildlife habitat. Furthermore, insufficient
evidence is present in our files to conclude that your project
must be built as planned. Therefore, we are moving toward denial
of your 401 Certification.
Please provide us with information supporting your position
that your project must be constructed in wetlands. Specifically
can you construct your golf course on nearby upland or by
following the margin of the floodplain along the edge of the
bluff? Any documentation such as maps and narrative which you
can supply to address upland alternatives may be helpful in our
review of your 401 Certification. Please respond within two
weeks of the date of this letter.
If you have any questions, please call me at 919/733-1786.
Si cerely,
i
Jo n R. Dorn
93997.wet
cc: Raleigh DEM Regional Office
John Parker, Coastal Management
Wilmington Office COE
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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SUMMARY
Infrastructure Cost
Amenities Cost
$2,849,961
$ 752,850 r J
Subdivision Construction Cost
Golf Course Cost
TOTAL COST _
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9? 'V
LOT REVENUES
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$1,000,000
$2,700,000
$ 7,302,811
Plan A3 - Dream Plan, 166 lots $7,264,400
Plan A, 144 lots $6,384,400"
Plan Al, 92 lots 53,846,400 (will not work)
Plan A2, 125 lots $5,514,800 (will not work) 6?? "

MEMO
DATE:
TO: SUBJECT:
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Health, and Natural Resources
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Hamilton E. Withers, P.E.
WITHERS & RAVENEL Engineering & Surveying, Inc. Samuel F. Ravenel, P. E.
James E Canfield, P.E.
1149 Executive Circle . Cary, N.C. 27511 • [phone] • Fax [phone] Richard E. Bullock, RLS
January 12, 1994
Mr. Marsh Smith
235 North Bennet Street
Southern Pines, North Carolina 28387
JAN 2 01994
Re: Action ID 19940727
WETLANDS GROUP
C.C. Partners, Inc. WATER UALITYSECTlOfu
Dear Mr. Smith:
Thank you for your comments regarding our project. I would like to clarify a couple of points.
You indicated 4.32 acres of wetlands destruction. We intend to fill approximately 2.9 acres of
wetlands and selectively clear, by cabling, another 0.7 acres. Only the 2.9 acres applies to the
regulations, so this in fact is the correct disturbance, not the 4.32 acres as you alluded to. We
also propose to create, from non-wetlands field area which are rated as low grade wetlands by
field inspections with the Corps of Engineers and the State, approximately 1.67 acres. In
addition to this creation, it would be our proposal to enhance existing field wetlands another 3.45
acres, protect approximately 26 acres as conservation area of which 10 acres are wetlands and
16 acres are non-wetland. Channel disturbance is approximately .02 acres.
I would welcome a site visit with you in order for you to see exactly how we have addressed
the wetland issues. We have worked very hard to provide a workable plan and in fact have been
working with this for approximately two years. Our original plans called for a significantly
greater disturbance than where we have arrived. I think that the Corps and State will agree that
we have worked very closely with them from the start to ensure responsible development. As
these types of recreation facilities are in demand in this area, we feel that this will be an
enhancement to the area and ensure better protection for this wetland environment for a longer
period than other types of projects.
I hope that this clarifies somewhat your questions. Please feel free to contact me directly, or
through the Corps, should you feel I may be able to offer additional comments.
Sincerely,
Tony Withers, P. E.
c: Eric Alsmeyer
John Dorney
D: G-300\PARTNERS\011294.MS

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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID 199400727
December 23, 1993
PUBLIC NOTICE
C.C. PARTNERS, INCORPORATED, ATTENTION: MR. TONY WITHERS, 1149 EXECUTIVE
CIRCLE, CARY, NORTH CAROLINA 27511, HAS APPLIED FOR A DEPARTMENT OF THE ARMY
PERMIT TO AUTHORIZE THE PROPOSED PLACEMENT OF FILL MATERIAL CAUSING THE LOSS
OF A TOTAL OF 4.32 ACRES OF JURISDICTIONAL WATERS OF THE UNITED STATES
ADJACENT TO MIDDLE CREEK, UNNAMED TRIBUTARIES TO MIDDLE CREEK, AND TO TERRIBLE
CREEK, FOR CONSTRUCTION OF THE CROOKED CREEK 18-HOLE GOLF COURSE AND
RESIDENTIAL DEVELOPMENT, NEAR MACKS VILLAGE, WAKE COUNTY, NORTH CAROLINA.
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 below on
which a final decision will be based.
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 U.S. Army Corps of Engineers. Plans submitted with the
application show work causing the loss of approximately 0.69 acre of
jurisdictional unvegetated waters of the United States (creek channels) and
3.63 acres of wetlands adjacent to Middle Creek, unnamed tributaries to Middle
Creek, and to Terrible Creek. The approximately 343 acre tract, containing
more than 50 acres of wetlands, is located on the north and south sides of
S.R. 1393 (Hilltop-Needmore Road), between S.R. 1404 (Johnson Pond Road) and
S.R. 1375 (Lake Wheeler Road).
Activities causing permanent wetland loss include filling and grading for
golf course fairways, a driving range, road crossings, and lot development.
The wetlands loss includes 3.283 acres of hardwood wetlands, and 0.344 acre of
wet pasture. An additional 0.69 acre of bank-to-bank tributaries will be
filled, and 1.15 additional acres of wetlands will be impacted by non-
mechanized vegetation and tree removal above the ground level, with permanent
maintenance by mowing. These clearing impacts are located on the edges of
fairways to provide adequate fairway width without permanent loss of wetlands.
In addition, two ponds will be constructed in upland areas for irrigation and
runoff filtration.
0?*
The applicant proposes to mitigate for the unavoidable wetland losses with
a total of 15.12 acres of wetlands mitigation. 1.68 acres of wetlands will be
created by grading and hardwood planting in non-wetland pastures. 3.44 acres
of wetland pasture will be enhanced by hardwood planting. 10 acres of
existing mature hardwood wetland will be preserved, along with 16 acres of
adjacent mature hardwood non-wetland, by establishment of a 100 foot wide
conservation easement strip along the south side of Middle Creek for a
wildlife corridor and stream buffer. The applicant has not yet provided
detailed plans of the mitigation proposals.
The applicant has stated that wetland impacts have been minimized to the
greatest extent possible that will still allow a feasible project. Methods
that have been utilized to minimize wetland impacts have included relocation
of golf holes, fairways and ponds. The applicant states that avoidance or
further minimization of wetland impacts from the project is not feasible
because of the minimum number of lots necessary for economic feasibility, and
the infeasibility of using steep-sloped upland areas for lots or fairways.
The stated purpose of the work is to allow construction of residential
development and a golf course. The residential subdivision includes
development of 128 lots. Construction has begun on high ground areas of the
site. Plans showing the proposed construction are included with this public
notice.
r
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 20, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID. 199400727
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
ULU 3 01993
Enclosed is the application of C.C. Partners, Inc., for Department of the
Army authorization and a State Water Quality Certification to discharge fill
material within 3.63 acres of wetlands adjacent Middle Creek and unnamed
tributaries, for construction of the proposed Crooked Creek 18-hole golf
course and residential development near Macks Village, Wake 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 20, 1993, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Eric Alsmeyer, telephone
[phone], extension 23.
Sincerely,
Wri t
G. EgUl
tory Branch
Chie , a
Enclosure

DEM ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
ACTION ID:
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
(', G ?At2TNEt?.S Tr?G P?Tirl = I?N'? W l?t?t2S
1. OWNERS NAME:
2. OWNERS ADDRESS: J\ 4L) ?Y.F-?TWE G?.c-Ljz-
5u I- D
cRr?y F K .C-. 2,1511
3. OWNERS PHONE NUMBER (HOME) : 859-1283 (WORK) : '-O-33'+'0
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: 7-0t o WI ('rA(FZS
11 ` -l a?zco-nx- Ctrs ?D
C'AM N (_ 1.,"5 tl Z
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: 1-1Pr -K sef
NEAREST TOWN OR CITY: 'F)CQJAl VA),411AK
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS. ETC.):
WYh Euc`2 /CA.
P IA53 - I-ttu. tdEF_Dr'b?C f-0 14D 84E?WEr314 L PI
WD zo" s??tS "0 9OA4
6. NAME OF CLOSEST STREAM/RIVER: M1p? CPac,El?
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED M A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES ( ] NO X]
9. HAVE ANY SECTION 404 PEZ ' "ITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES Xi . NO f )
1F YES, EXPLAIN. k16,1IA,jr)S ('f,PpaD 1,r.1fl F}QPo-oJaD 61 ifAc, f}L64v?68e_ L0ja Q't,5
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
t 3o Acres ?D'r / ?. 3 flc. n?rS A'?t 44 'R04) 2/3/92

-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: D. 1.8 AC.
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: 0.48.
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) : _ fl2ofo5F- Tb CL 4L jr41A,jAy
AtJO A0ZAf&rr -M 6?bwA+Y It #- 17,jo coo %f 1.oLtFs t•/A•?zDe_ 6o4atr+-
F-/h o4ys . Ae4O ;Fic.c.. 7b 4LLO Q Rte/ OVaC. M5 /A409!9,
13. PURPOSE OF PROPOSED WORK: 70 r.J &ouc •
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. A JUsi l3.ca1J l/TE 6h" gaW1 d)m&kT_o--J /D=-Si,bYEO /h
7?ns A Ai!7* ? c r9L?'i- 'A,0 cif k&T-4 vo 44 Lowag- GkvAu ti 4451-40
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA TH MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [ NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED B THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [?? NO [ )
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND D=LTNEATION MAP SHOWING ALL WC-rT AhMS, STREAMS, AND LANCES OPI
THE PROPERTY. A)miaO
3. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT. 3117- b1A5 8cs{ /113&m.2- (( Kl3t1 5N/3!`1=t •1 f S P %kAV 600/44 A)
-J JA s DryNw4vc rc.. .
C. IF DELINE-'ION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO Ti-i= PLACEMENT OF THE DELINEATION LINE. Z5'/''rzr piD XuAoglzdj. ciao
D. IF A STORi?dATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT ATTACH
COPY. tqA
E. WHAT IS Ln"iD USE OF SURROUNDING PROPERTY?
IF APPLIC31LE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
bN Sr7E ?t? l?2 5?60??rSto•l?
OWNER'S SIGNATURE DATE
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DEPARTMENT OF THE ARMY U
Wilmington District, Corps of Enginee s
Post Office Box 1890 WETLANDS GROUP
Wilmington, North Carolina 28402-18 0 'WATER UALITYSECTION
Action ID. 199400727 December 23, 1993
PUBLIC NOTICE
C.C. PARTNERS, INCORPORATED, ATTENTION: MR. TONY WITHERS, 1149 Executive
Circle, Cary, North Carolina 27511, has applied for a Department of the Army
(DA) permit TO AUTHORIZE THE PROPOSED PLACEMENT OF FILL MATERIAL CAUSING THE
LOSS OF A TOTAL OF 4.32 ACRES OF JURISDICTIONAL WATERS OF THE UNITED STATES
ADJACENT MIDDLE CREEK, UNNAMED TRIBUTARIES TO MIDDLE CREEK, AND TO TERRIBLE
CREEK, FOR CONSTRUCTION OF THE CROOKED CREEK 18-HOLE GOLF COURSE AND
RESIDENTIAL.DEVELOPMENT, NEAR MACKS VILLAGE, Wake County, North Carolina.
This public notice does not imply, on the parts of the U.S. Army 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
below on which a final decision will be based.
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 U.S. Army Corps of Engineers. Plans submitted with the
application show work causing the loss of approximately 0.69 acre of
jurisdictional unvegetated waters of the United States (creek channels) and
3.63 acres of wetlands adjacent Middle Creek, unnamed tributaries to Middle
Creek, and to Terrible Creek. The approximately 343-acre tract, containing
more than 50 acres of wetlands, is located on the north and south sides of
S.R. 1393 (Hilltop-Needmore Road), between S.R. 1404 (Johnson Pond Road) and
S.R. 1375 (Lake Wheeler Road).
Activities causing permanent wetland loss include filling and grading for
golf course fairways, a driving range, road crossings, and lot development.
The wetlands loss includes 3.283 acres of hardwood wetlands, and 0.344 acre of
wet pasture. An additional 0.69 acre of bank-to-bank tributaries will be
filled, and 1.15 additional acres of wetlands will be impacted by
non-mechanized vegetation and tree removal above the ground level, with
permanent maintenance by mowing. These clearing impacts are located on the
edges of fairways to provide adequate fairway width without permanent loss of
wetlands. In addition, two ponds will be constructed in upland areas for
irrigation and runoff filtration.

-2-
The applicant proposes to mitigate for the unavoidable wetland losses with
a total of 15.12 acres of wetlands mitigation. 1.68 acres of wetlands will be
created by grading and hardwood planting in non-wetland pastures. 3.44 acres
of wetland pasture will be enhanced by hardwood planting. 10 acres of
existing mature hardwood wetland will be preserved, along with 16 acres of
adjacent mature hardwood non-wetland, by establishment of a 100-foot-wide
conservation easement strip along the south side of Middle Creek for a
wildlife corridor and stream buffer. The applicant has not yet provided
detailed plans of the mitigation proposals.
The applicant has stated that wetland impacts have been minimized to the
greatest extent possible that will still allow a feasible project. Methods
that have been utilized to minimize wetland impacts have included relocation
of golf holes, fairways and ponds. The applicant states that avoidance or
further minimization of wetland impacts from the project is not feasible
because of the minimum number of lots necessary for economic feasibility, and
the infeasibility of using steep-sloped upland areas for lots or fairways.
The stated purpose of the work is to allow construction of residential
development and a golf course. The residential subdivision includes
development of 128 lots. Construction has begun on high ground areas of the
site. Plans showing the proposed construction 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
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA 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

-3-
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
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.
The Corps of Engineers is soliciting comments from the public; Federal,
State, and local agencies and officials; Indian Tribes, and other interested
?- parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition, or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects, and the other public interest factors listed above. Comments are
used in preparation of an Environmental Assessment and/or Environmental Impact
Statement pursuant to the National Environmental Policy Act. Comments are
R
-4-
also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Generally, the decision whether to issue this DA 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 DA permit serve 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 17, 1994.
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 29535, Raleigh,
North Carolina 27626-0535, on or before January 10, 1994, Attention:
Mr. John Dorney.
omments pertinent to the proposed work, as outlined above, will
n this office, Attention: Eric Alsmeyer, until 4:15 p.m.,
994, or telephone [phone], extension 23.
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Message

Signed
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
N.C. Dept. of Environment, Health, and Natural Resources

n n m n
ENGINEERING & SURVEYINGLINC. LEUTE12 O F IrMMM U`JS?.J? UM
1149 Executive Circle .
CARY, NORTH CAROLINA 27511
[phone]
FAX: [phone]
TO 1 ` OQQ_ ?I
/010, o x 29. SAS . /e.., ?L 7,7
> WE ARE SENDING YOU ? Attached ? Under separate cover via-
El Shop drawings ? Prints ? Plans
? Copy of letter ? Change order ?
DATE ? ? _? JOB NO.
Z
ATTENTION
llm
RE: If
the following items:
? Samples ? Specifications
COPIES DATE NO. DESCRIPTION -
1`:r 3 " .i
1 N1 I,?s3
DEC - 8 1993

WATER UALITY SECTION

THESE ARE TRANSMITTED as checked below:

? For approval ? Approved as submitted
? For your use D Approved as noted
? As requested ? Returned for corrections
? For review and comment ?

? FOR BIDS DUE 19
? PRINTS RETURNED AFTER LOAN TO US

COPY TO 1,40d 56cA4, . &ic, cr. lzeun l (r7 n. ,ifU
40% Pre-Consumer Content • 10% Post-Consumer Content SIGNED: C9A w,%
PRODUCT20.2 nw rl" w- 111171 If enclosures are not as noted, kindly notify us at once.
? Resubmit copies for approval
? Submit - copies for distribution
? Return corrected prints
Glf`?ti 4
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?IV 4% 4/10-J LS 16 "Df-k--- in 6A1 5^10J/

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DEM ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
ACTION ID:
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: C, G PiQ•t2-CN6(2, F. -FtjC PM4' lpr4-( W T- t+E12S
2. OWNERS ADDRESS: C) we 'GP.cL-?
?y 1 ? D
GAfzy K. G 2-15 )1
3. OWNERS PHONE NUMBER (HOME) : 859.2288 (WORK) : _33'+0
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: -Fot.-H WI-tZ-1E12S
_ 1 t ?'°I E'h?C? i W?" C IfLEt ? ? rctr .i0
CIN" N C. 2'1 S l '2-
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: wp KE
NEAREST TOWN OR CITY: f0goRl VAA44AK
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
?,p ?'o?kN sor?S I??N D Q4/3?
6. NAME OF CLOSEST STREAM/RIVER: MiDoui?.. COEF-K
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO X]
9. HAVE ANY SECTION 404 PER:"ITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [x] NO [ ]
IF YES, EXPLAIN. k4e T LAoaS MPPe7J /gyp f}QP,Ra1a0 16 j ifwc, A+-?? LO A I93
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
t 30 /mss 7DP'?L / l.3 i c. n4ts 4r&,cr+no4) 2/3/92

_2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: D•46 Ac.
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: 0.48.
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS) : aofo5E 1-0 GxoK fq?Rc?A?I
AtJO AajW_& - -(U ryc luo coo Qf htocx.S P/PE 14AqaP_ 6E7ae39??!-
13 . PURPOSE OF PROPOSED WORK: 70 ALLotJ &oLP /4,4--/,
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Af1zA JUsi affw1J 3179 FEES &mU )m&ep?ti ,-siby6o /h c,?"t o
1ms Atao R40&melrr3 u9Ln '?P of k #UZ-4 L.Oc, V_ 1AV4U7
CDJ2sE MOW- Lblacplw 70 /IWA I E, 05Zvz4lwke inl /Lx- Aldis It s &2 • ,
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA TH _ MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [ NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [?r NO [ )
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WEETT ANDS, STREAMS, AND LAKES ON
THE PROPERTY. AfioiaO
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT. Sr? H'/-}S Br2qf /rtl3G'' IUkl- 5N?19Y?•J1? /S I?4?JrOtU' Gu?O/}?1Ct3 /J
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. 6 /.tz 01D 'c6uA"gltjJ.
S3446*0 llqxr -l % 61 w rl w iv 4vo Aft"_' P°-4 .
D. IF A STORifirJATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY. ?Iq
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
41V 6179 AAkf-i Su'gow oj11
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OWNER'S SIGNATURE- DATE
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k Soil & Environmental
3818 Bland Road ¦ Raleigh, North Carolina 27609 ¦
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WETLANDS GROUP
Via'A TER ITY SECTIa?
emr 1U8,AL 1993
NRCD - DEM U.S. Army Corps of Engineers
Attn: Mr. John Dorney Attn: Mr. Eric Alsmeyer
PO Box 29535 6512 Falls of the Neuse Rd., Suite 105
Raleigh, NC 27626 Raleigh, NC 27615-6846
Dear Messrs. Dorney and Alsmeyer:
The purpose of this letter is to request an individual permit and
a Section 401 Water Quality Certification for the project to be
known as Crooked Creek/Gunter Property. The project is located
near Macks Village, NC (Wake County) and is bordered by S.R. 1375
to the east, S.R. 1404 to the west, and Middle Creek to the north,
as shown on the enclosed vicinity map.
The Corps approved detailed wetland delineation is shown on the
attached map. These delineations have been approved by Mr. Eric
Alsmeyer of the U.S. Army Corps of Engineers.
Fill in some wetlands will be required to build a golf course and
residential subdivision (see attached map). Available uplands
have been utilized as much as possible so that wetland fills have
been minimized. .
It will be necessary to fill 3.63 acres (see map) of
jurisdictional wetlands for placement of the proposed facilities.
An additional 1.15 acres will be selectively cleared by cabling.
Please note that two ponds will be created by this project. Both
are located in non-wetland areas.
An individual permit is required for this project because of
wetland impacts below headwaters; however, only 2.52 of the 3.63
acres to be filled are below headwaters. Areas to be impacted
above headwaters (1.11 acres of fill) could have been permitted
separately under Nationwide Permits if not for the below
headwaters impacts.
Please note that in calculating impacts, the golf course architect
assumed a channel width of five feet for all above headwaters
streams and channels.
There are several mitigation measures planned for this project.

1728
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation .. . j Design
1) Wetland impacts have been minimized to the greatest extent
possible that will still allow the project to be feasible. (See
enclosed Alternatives Analysis by project owner and engineer). 2)
1.68 acres of wetlands will be created from non-wetland fields.
The non-wetland fields will be graded to create wetlands and
planted with hardwoods. 3) 3.44 acres of wetland fields will be
enhanced with plantings of hardwoods. Plans and criteria for the
creation and enhancement mitigation projects will be developed at
a later date with the Corps and DEM, once the initial phases of
permit review have begun. 4) 2.32 acres of surface waters will be
created in non-wetland areas by the construction of two ponds. 5)
The final mitigation measure is the creation of a conservation
easement along Crooked Creek. The easement will run along the
south side of the creek. It will ensure the protection of roughly
10 acres of wetlands and 16 acres of non-wetlands which contain
primarily bottomland hardwoods. It will provide a wildlife
corridor as well as a stream buffer (see attached alternatives
analysis for more details).
In summary, there will be 1.68 acres of created wetlands (not
counting the creation of surface waters from the two planned
ponds), 3.44 acres of enhanced wetlands, and 26 acres of
protected, or banked, wetlands and uplands along a major stream.
Plugging these numbers into the Corps mitigation requirements of
2:1 for enhancement, 3:1 for creation, and 10:1 for protected
wetlands, we would theoretically be able to impact 4.88 acres.
Fill for this project is only 3.63 acres, however, and only 2.52
acres of the fill is below headwaters and would absolutely
require mitigation.
As mentioned above, an alternatives analysis was prepared by the
owners and project engineer, and is attached.
To expedite the permitting process and to ease the process for
everyone involved, the following individuals/agencies have been
provided with a complete copy of this entire application package:
David Franklin (Wilmington Corps) Karl Shaffer (DEM Raleigh
Regional office), USF&WS, National Marine Fisheries Service, and
NC Cultural Resources.
Please call if you have questions or require further information.
If you intend to perform a site visit please call and we will
arrange for someone to accompany you.
Sincerely,
Kevin C. Martin,
President
cc: (with enclosure) David Franklin, Wilmington
Karl Shaffer, DEM Raleigh Regional office
USF&WS
National Marine Fisheries Service
NC Cultural Resources
Tony Withers, Withers and Ravenel
KM/jb
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
(33 CFR 325) Expires 30 September 1992
Pubic reporting burden for sirs collection of information is estimated b average 6 hours per response forte majority ofcase:, inclhd'rrg the Ana for reviewing Instructions,
searching existing data sowces, gathering and maintaining the data needed, and completing and reviewing tine collection of Infom,ation. Applications for larger or more complex
projects, or Owse in ecologically sensitive areas, could take up to 600 hours. Send comments regarding this burden astimale or any other aspect of this collection of infcmhation.
including suggestkxns for reducing this burden, b Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson
Davis Highway, Suits 1204, Arlington, VA 222024302; and b the Office of Management and Budget. Paperwork Reduction Project (07100003), Washington, DC 20503. Please DO
NOT RETURN your completed fomn b eitinar of these addresses. Send your completed form b: ly -F.01 ,
fte.,14-W.Washinultm. 0.1203T410017-
The Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act.of 1899, Section 404 of the Clean Water Act and
Section 103 of the Marine, Protection, Research and Sanctuaries AcL These laws require permits authorizing activities in or affecting navigable waters of the
United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping a
into ocean waters. Information provided on this form will be used in evaluating the application for a permit Information in this application is made a matter of
public record through issuance of a public notice. Disclosure of the information requested is voluntary; however, the data requested are necessary in order to
communicate with the applicant and to evaluate the permit application. If necessary information is not provided, the permit application cannot be processed nor
can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application
(see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application
that is not completed in full will be returned.
1. APPLICATION NUMBER (To be assigned by Corps) 3. NAME, ADDRESS, AND TITLE OF AUTHORIZED AGENT
Soil and Environmental Consultants, Inc.
3818 Bland Rd.
Raleigh, NC 27606
Telephone no. during business hours

2. NAME AND ADDRESS OF APPLICANT A/C ( ) (Residence)
Mr. Tony Withers A/C [phone] (Office)

C.C. Partners, Inc.
1149 Executive Circle Statement of Authorization: t hereby designate and authorize
Cary, NC 27511 Kevin C. Martin to act in my
Telephone no. during business hours behalf as my agent in the processing of this permit application and to
furnish, upon request, supplemental information in support of the application.
A/C ( ) (Residence) SIGNATU
EAPPLICANT DATE
A/C 919) 469-3340 (Office) R
f/
4. DETAILED DESCRIPTION OF PROPOSED ACTIVITY
4a. ACTIVITY
Fill of 3.63 ac. of wetlands. (There will also be selective clear cabling of 1.15 ac. of
wetlands).
4b. PURPOSE
Residential development and golf course.
4c. DISCHARGE OF DREDGED OR FILL MATERIAL
N/A
ENG FORM ,"345, Jan 91 EDITION OF APH 86 IS oBSOLETF (Proponent: CECW-0N)
3.
5. NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC., WHOSE PROPERTY ALSO ADJOINS THE WATERWAY
See attached information.
6. WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED
Tributaries of and wetlands adjacent to Middle Creek.
7.' LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED
ADDRESS: Located between Lake Wheeler Rd. (SR 1375) and Providence Rd. (SR 1404), and
extending north and south of Needmore Hilltop Rd. (SR 1393). Northern border
is along Middle Creek.
i
STREET, ROAD, ROUTE OR OTHER DESCRIPTIVE LOCATION
Wake NC 27526
COUNTY STATE ZIP CODE
Wake County
LOCAL GOVERNING BODY WITH JURISDICTION OVERSITE
a. Is any portion of the activity for which authorization is sought now complete? ? YES NO
If answer is "yes' give reasons, month and year the activity was completed. Indicate the existing work on the drawings.
No work has begun in wetland areas; however, 40% of the roads and 10% of the golf course
have been completed in non-wetland areas.
9. List all approvals or certifications and denials received from other federal, interstate, state or local agencies for any structures, construction, discharges or other
activities described in this application.
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
See attached information.
10. Application is hereby made for a permit or permits to authorize the activities described herein. I cedity that 1 am familiar with the information contained in the
application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that 1 possess the authority to
undertake the proposed activities or I am acting as the duly authorized agent of the applicant.
1
SI TUR OF APPLICANT ATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 3 has been filled out and signed.
18 U.S.C. Section 1001 provides that Whoever,. in any manner within the jurisdiction of any department or agency of The United States
knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent
statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or
fraudulent statement or entry, shall be fined riot more than $10,000 or imprisoned not more than five years, or both.
(Reverse Of ENG FORM 4345)
` DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): N/A-This application is for a 40.
Certification only, to accompany an
JOINT FORM FOR individual permit.
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMIlNGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTIVIQIT OF ENVIRONhUNT, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN-. MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: C.C. Partners, Inc. Attn : Mr. Tony Withers
2. Owners Address: 1149 Executive Circle, Cary, NC 27511
3. Owners Phone Number (Home): (Work): 919/469-3340
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Soil and Environmental Consultants, Inc
3818 Bland Rd
Raleigh, NC 27609 919/790--9117
5. Location of work (MUST ATTACH MAP). County. w;; ke
Nearest Town or City: _ a ks V i 1 1 aae
Specific Location (Include road numbers, landmarks, etC.): Lora .ed hei-.wain T.aka Wheeler Rd. (SR 1179)
and Providence Rd. (SR 1404), and extending north and south of Needmore Hilltop Rd.
(SR 1393). Borders to the north along Middle Creek. See attached vicinity map.
6. Name of Closest Stream/River. Middle Creek
7. River Basin. Nel7Ge
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS U? YES [ ] NO k ]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO (x]
If yes, explain.
lo. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
Approximately 10 acres.
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 3.63 ac.
Drained
Flooded:
Excavated-
Total Impacted: 3.6 ,? a -
1Z Description of proposed work (Attach pLANS-81/2" X 11" drawings only): Fill of 3.63 ac.
of wetlands.- and selective clear by cabling of 1.15 ac. of wetlands.
13. Purpose of proposed wo& Residential development and golf course.
14. State reasons why the applicant believes that this activity must be carried out in wets. Also nowpeasures
taken to minimize wetland impacts. Wetlands must be filled in order to u i ize uplan
The development has been designed to minimize wetland impacts.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) andlorNadonal Marine Fisheries Service
(NMFS) regarding the Presence Or any Federally listed orproposed foriisting endangewd orthreatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES (X] NO [ ]
RESPONSES FROM TIM USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic preservation Officer, (SHPO) regarding the presence of historic
properties m the permit area which may be affected by the proposed project? Have you done so? YES [X ] NO [ ]
RESPONSE FROM TEE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM.-
A. Wedand delineation map showing all wetlands, streams, and lakes on the property.
B. If available.
%VL tatiye photograph of wetlands to be impacted by projecL
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Residential undeveloped rural.
F. If applicable, what is proposed method of sewage disposal? Mun i ni nal sewage
Agent's Signature Date
ALTERNATIVE ANALYSIS WETLANDS IMPACTS
CROOKED CREEK GOLF COURSE
11/10/93
The following is an analysis and justification for proposed wetland impacts associated with the
construction of the Crooked Creek Golf Course in Fuquay Varina, Wake County, North
Carolina.
The project site includes approximately 360 acres in southern Wake County split by Hilltop-
Needmore Road. Minimum lot sizes for this project are, according to current zoning is 30,000
square feet. The northern tract is bordered on the north by Middle Creek.
Almost all of the impacted wetlands are in association to the bottom land areas adjacent to
Middle Creek. Many are not within the 100 year floodplain. Prior to this project the majority
of the proposed impact areas were fenced and used as field area for grazing cattle. Earlier to
this it was farmed. Preliminary wetlands work completed by Kevin Martin, Soil &
Environmental Consultants, approximately three years ago indicated that a significant portion
of the area would not be considered wetlands and the decision to continue with the project was
made. The areas adjacent to Middle Creek were planned for routing of approximately six golf
holes as preliminary mapping showed that this would be acceptable. The majority of these holes
were to be located in the nonwetland areas of the grassed existing fields. Changes in the Corps
criteria for determining adjacency has made permitting more difficult even though the detailed
delineation indicated less wetland impact than originally expected.
Upon detailed wetlands mapping and location it was determined that a greater portion of areas
initially thought to be wetlands in the woods and adjacent to Middle Creek were in fact not
considered wetlands. Additional routing plans were developed including routings putting golf
more closer to Middle Creek out of the wetlands. Upon preliminary review by State water
quality personal, the potential problems from cutting the bottom land hardwoods adjacent to
major stream corridors and reducing their ability to filter and enhance water quality leads us to
desire to stay away from direct contact with Middle Creek. Due to the significant width of the
bottomland area we'd have the flexibility to keep almost all golf significantly away from Middle
Creek and have proposed providing approximately 26 acres of conservation buffer adjacent to
Middle Creek along the property. In addition, we propose to provide up to a 100 foot minimum
undisturbed conservation buffer along Middle Creek. This would not be impacted by any golf
construction. We also propose to mitigate where filling is required for golf course construction
in mapped wetland areas by converting existing non-wetland fields into wetland bottom land
hardwood areas and conversion of existing wetland fields to bottom land hardwood areas by
planting trees. The proposed wetland areas to be filled are in excess of 400 feet from Middle
Creek.
Page 1 of 2
The projected major categories of expenditures for the project include land, sewer
improvements, roads, golf course, taxes, design, fees, and miscellaneous expenses, are
anticipated to 7.6 million. Only 136 lots are available for sale which requires an average sales
price per lot of $55,880. This is considered the extreme upper limit of acceptability of lot sale
price in order to have the project succeed unless significant cost in certain categories can be
reduced. At this time that reduction is being completed by the input of "sweat equity" into the
project by the owners and partners building the project. Typically a project of this magnitude
will have 300 to 350 lots. Based upon this analysis the loss of lots for the construction of any
golf in the proposed residential areas would be devastating. We have completed several routings
to date, the latest of which has been submitted, which we feel to be a significant compromise
from our initial plans yet a workable solution in meeting the intent of the current wetlands and
water quality regulations. We feel that through our initial mapping, continuous dialogue from
the beginning, and the use of this effective mitigation including the creation of significant
conservation buffers, that we have exceeded the intent of the Corps and State regulations. We
also propose ponds to be located in strategic areas to filter all golf runoff for the entire life of
the project.
Relocation of holes to impact "no wetlands" would require putting at least 2 golf holes up on
top of the ridge. Due to excessively steep slopes, (greater than 1:1 in many cases) the ridge line
along the bluffs overlooking Middle Creek is not usable for golf construction or homesites. The
loss of additional lots by any construction would kill the project in its present form.
Approximately 20-25 lots would be lost or over $1,000,000 in anticipated revenue targeted for
golf construction.
We have worked closely with both the Corps and the State to be sure that we follow the
guidelines in mapping and protecting all required areas to successfully address the environmental
concerns. We propose to provide over 26 acres of conservation area to Middle Creek to include
approximately 10 acres currently mapped as wetlands and 16 acres, mapped as not wetlands but
wooded bottom land hardwoods. The project site has over 50 acres of mapped wetlands of
which we propose to impact by filling for golf fairways of less than 6% or less than 1 % of the
total project site. We propose to convert approximately 1.6 acres from non-wetland field to
wetlands and also plant hardwoods. We propose in addition to plant hardwoods in
approximately, 3.4 acres of existing wetland field area. Finally, we propose to provide a
minimum 100 buffer to Middle Creek at the closest point. The majority of golf construction
adjacent to Middle Creek exceeds 300 feet and a still greater majority exceeds 700 feet.
Page 2 of 3
This site was selected for several reasons. They include first and foremost an available tract of
land to build the project under one ownership with the willingness to sell by the owner. The
site also has interesting topography suitable for golf course construction and a good water source
for irrigation (Middle Creek). It is also located in an increasingly developing area desiring
amenity homesites where golf is in demand to support such a project. We already have evaluated
acquisition of additional land on the north side of Middle Creek early in the project but due to
the very flat floodplain on the north side, and due to preliminary wetland work revealing
potentially significant wetlands impacts, we chose to stay totally south of Middle Creek. Our
very first layouts had most golf in the flood plain +/- 10 holes, but this has now been reduced
to only 3 1/2 holes. We also have kept all development out of the floodway, and minimal
impacts below the 100 year floodplain.
In summary, we feel that we are going the extra mile to preserve the intent of the wetland and
water quality issues for which the laws and regulations were developed to protect. Rather than
try to manipulate the rules and regulations it would be our desire to address these issues head-on
and provide the proposed measures required to ensure that the water quality is not compromised
and that the wetland habitat is maintained or enhanced. We hope that these measures proposed
and the alternative analysis provided are considered acceptable so that both the 401 certification
and the 404 certifications can be issued in a timely manner.
Page 3 of 3
D: G-300\ CROOKCRK. SUB\ 111093 . AA
A
LIST OF PERMITS RECEIVED TO DATE FOR CROOKED CREEK
WAKE COUNTY, NORTH CAROLINA
Date of
Date of
Application Issuing. Agency Type Approval A?nroval ID
5/93 NCDOT Encroachment Service Lines 8/03/93 E-519338
4/92 NCDOT Encroachment Service Tunnel 7/30/92 Letter
SR 1393
7/92 NCDOT Driveway Access to SR 1393 9/11/92 D-5192091
12/92 NCDOT Driveway Access to SR 1404 2/26/93 D-5193024
1/93 W.C. Erosion Control Permit 4/30/93 77970
6/92 W. C. Erosion Control Permit 8/03/92 931106
9/92 W.C. Road Name Approval 10/30/92 1586
6/92 W.C. Planning Board Approval-Subd. 10/21/92 510-92
4/92 W.C. Board of Ajustment Approv.-G.C. 8/11/92 Letter
6/93 NCDOT Const. Approval Roods-Portial 8/11/93 Letter
8/92 NCDOT Plan Approval Roods 11/19/93 Letter
12/92 NCDOT Driveway Access 2/05/93 D-5192126
9/92 NCDOT Encroachment SR 1393 Improv. 12/30/92 E-5192600
9/92 NCDOT Encroachment Tunnel 12/01/92 6427
5/92 NCDOT Encroachment-Water Line 7/15/92 E-5192310
12/92 ATC - Corn Wastewater Treatment Plat 4/19/93 N00062715
12/92 ?kGC);F_r1 Wastewater Collection System 4/28/93 WQ0007653
D: G-300\CROOKCRK. SUB\LISTPERM.

690
35°37'3
SCALE 1:24 000
1 2 0 1 MILE
1000 0 1000 2000 3000 4000 5000 6000 7000 FEET
1 .5 0 1 KILOMETER
LAKE WHEELER, !" r
NW/4 GARNER 15' QUADRANGLE
-- re Tr n7A
s
w
ADJACENT PROPERTY OWNERS TO CROOKED CREEK
765-11 Brookfield Properties
Suite 350
4505 Falls of Neuse Rd.
Raleigh, NC 27609
784-10 Middle Creek Developers
5106 Shamrock Dr.
Raleigh, NC 27613
784-35 Billy G. & Donna B. Gardner
5413 West Oaks Dr.
Fuquay Varina, NC 27526
784-36 Kevin & Lynn Nelson
5409 West Oaks Dr.
Fuquay Varina, NC 27526
784-37 Tom Foster
5405 West Oaks Dr.
Fuquay Varina, NC 27526
784-38 Tom & Linda Drake
5401 West Oaks Dr.
Fuquay Varina, NC 27526
784-39 Leonard & Elizabeth Farias
5317 West Oaks Dr.
Fuquay Varina, NC 27526
784-40 Paul & Cindy Tankersby
5313 West Oaks Dr.
Fuquay Varina, NC 27526
784-43 Mike & Deborah Inman
4601 East Brae Ct.
Fuquay Varina, NC 27526
784-44 Larry & Wendy Gasparini
4600 East Brae Ct.
Fuquay Varina, NC 27526
784-46 Bobby & Ann Rand
5221 West Oaks Dr.
Fuquay Varina, NC 27526
784-47 Lane & Louise Miller
5227 West Oaks Dr.
Fuquay Varina, NC 27526
784-48 Thomas & Joe M. Womble
5217 West Oaks Dr.
Fuquay Varina, NC 27526
784-49 James & Christine Case
5209 West Oaks Dr.
Fuquay Varina, NC 27526
784-50 George & Margaret Beavers
5205 West Oaks Dr.
Fuquay Varina, NC 27526
784-51 Willard & Tess Marie Moore
5225 Johnson Pound Rd.
Fuquay Varina, NC 27526
784-52 John & Timothy Avis
5229 Johnson Pound Rd.
Fuquay Varina, NC 27526
784-53 Betty Jean Young
5233 Johnson Pound Rd.
Fuquay Varina, NC 27526
784-76 Heather Utilities
P.O. Box 4889
Cary, NC 27519-4889
784-141 Middle Creek Developers, LTD
5106 Shamrock Dr.
Raleigh, NC 27613
785-1 J. K. & Louise Boling
1325 Boling Rd.
Asheboro, NC 27203
785-90 James & Dorothy B. Black
9900 Lake Wheeler Rd.
Fuquay Varina, NC 27526
785-91 Steven R. & Angela H. Slate
Rt. 3 Box 177
Fuquay Varina, NC 27526
785-109 Warren C. Wilke & Thomas L. Land, Jr.
9812 Lake Wheeler Rd.
Fuquay Varina, NC 27526
803-3 Edith Judd Parker
Box 159
Fuquay Varina, NC 27526
803-7 Charles & Jane Sugg
408 Van Buren Rd.
Eden, NC 27288
803-10 Fonnie Thompson
1404 Johnson Pound Rd.
Rt. 3
Fuquay Varina, NC 27526
803-11 Winnie Banks Heirs
Rt. 2 Box 220
Chadbourne, NC 28431
803-21 Eddit Thomas
4321 Hilltop Needmore Rd.
Fuquay Varina, NC 27526
803-29 Samuel & Mable Thomas
4324 South Ridge Dr.
Fuquay Varina, NC 27526
803-46 Dennis & Barbara Raynor
4532 South Ridge Dr.
Fuquay Varina, NC 27526
803-47 Lois A. Alexander
4533 South Ridge Dr.
Fuquay Varina, NC 27526
803-48 Garry & Anita Smith
P.O. Box 184
Fuquay Varina, NC 27526
803-56 Samuel & Mable Thomas
4324 Johnson Pound Rd.
Apex, NC 27502
803-103 Edward & Anne Breitschwerdt
4445 Oak Manor Lane
Fuquay Varina, NC 27526
803-112 William Clarence III,
2609 Timothy Dr.
Fuquay Varina, NC 27526
803-113 Marvin & Yvonne Green
2617 Timothy Dr.
Fuquay Varina, NC 27526
803-114 Richard & Judy Farmer
2616 Timothy Dr.
Fuquay Varina, NC 27526
803-115 Michael & Debra Shapiro
2612 Timothy Dr.
Fuquay Varina, NC 27526
803-118 Bartholomew IV & Janet H. Streb
1351 Springlawn Ct.
Raleigh, NC 27609
804-176 Forty Niner Club, Inc.
5025 Allanbrooke Lane
Fuquay Varina, NC 27526
804-186 Ellen Rowland Barbee
104 Brecken Ridge Dr.
Knightdale, NC 27545
804-193 Glenn & Gloria Pate
4836 Frankie Rd.
Fuquay Varina, NC 27526
Y F
804-200 Margie Maith
4108 21st Place
Temple Hills, MD 20748
804-206 Rubye Mangum
2032 Kennicott Rd.
Baltimore, MD 21207
804-212 Forty Niner Club, Inc.
P.O. Box 527
Raleigh, NC 27602
804-213 Forty Niner Club, Inc.
Rt. 3 Box 110
Hilltop Needmore Road
Fuquay Varina, NC 27526
804-227 Forty Niner Club, Inc.
Rt. 3 Box 110
Hilltop Needmore Rd.
Fuquay Virian, NC 27526
D: G-300\CROOKCRK.SUB\ 111893.ADD
DATA FORM
ROUTINE ONSITEDETERiWNAnON METHOD'

lnl?ti-
DATE: / 5 /q3 COUNTY:
COORDINATOR: TIME:
_ WATERWAY: '`iO'' `
'
NEAREST ST TOWN
r...
NEAREST TOWN: -
QUAD; LOCATION:
PARTY RUING WORK:(NAME/ADDRESS)
PROYIiRTY OWNER:(NAME/ADDRESS)
C"iicc,- C??t ,i cots
coo I L C,0,6,(,
Jv.c AiiK: 1 n?? ?nl r5 T 60
C C r ??1 n
h
f
f
11? ?Y'tCUT ?!LCIC CIS
L Z S I l PHONE: (yl`t)'1`[c?- Kli?
P-ONIs. (q) 6?' 3
OTHER INDIVIDUALS PRESEN'C:
-

- - - - - -
IS PItUPE1trY UNIFORM OR SEPARATE DISCRETE VEGETATIVE UNITS
- --
w -------
Do normal environmental conditions exist at the plant community?
Yes No (If no, explain on back)
been significantly disturbed?
drolo
d/
h
i
il
gy
or
y
on so
s, an
Has the vegetat
ck)
b
=
-------------------------
a
(If yes, explain an
Yes No
VEGETATION: (IN ORDER OF DOMINANCE, DRAW LINE ABOVE NON-DOMINANT SPECIES)
TRLL CIES---x COVER--INDICATOR GROUND COVER: SPECIES-y COVER-INDICATOR
' o C 1. HwKd,c., . c(Y .42a. 40°(> FI4C?J
2O °le FA
y
2. Li Jt d?Y??• $?A G? r 1 uc` l 4.yo TK 2.
3. Q?rw s . ; ?, c? sir. f^IVc 3.
4. SokXcr/ vL,6tv.= S-ow Of? i- 4.
5.
5.
SAPLINGS/SHRUBS: 6.
1. Zi« oQ«C.*- sal. PAC- 7.
2. Acc,r v-u6 ru,,.- s-, l P 14C- 8.
WOODY VINES:
L
4. 1. Lo,?ccuXu Sc.Qo?;u? i5?I.
2. S w.; i n,? },? •-d i` Fcl 1. c? S °/, ?'14L
5.
Percent of dominant species that are OBL. FACK and/or FAC 1860G,
es-
t? Y
onion me
Is the hydrophytic vey
etal!Qn crit
or
i
et
?
Rationale: i??
SOILS
Seriestphase• w d ,?/< C - Subgroup:2
Is the soil on the hydric soils list? Yes '-" No Undetermined
mion present? Yes No
k Hi
ti
c ep4
s
Is the soil a Histosoi? Yes No
No

No Gleysd? Yes
te
Is the soil: Mottled Yes ,
a

Mottlttors:
/_
Matrix Y 2
Color
trix

r uv / !A ?• L?
soil In www.a. /11
hyd
Other
is the hydric soil criterion met? Yes ? No
Rationale: L
HYDROLOGY
Is the ground surface inundated? Yes too x Surface water depth:
is the soil saturated? Yes ? No ,,
Depth to free-standing water in pit/sail probe hole: _a
List oth r fi¢id "dance of surface inundation or soil saturati n.
1?T L F k n ° 1
e //
-
,
J-
°hje- {ru,n iL S - QX 1
Is the wetland hydrology criterion met? Yes No
Rationale:
JURISDICTIONAL DETERMINATi AND RATIONALE
Is the plant community a wetland? Yes ? No - 1 i
Rationale for jurisdictional decision:
PHOTOS TAKEN: YES NO AUTHORITY: 10 404 10/404_ NONE_
t
JURISDICTION: ABOVE HEADWATERS- ISOLATED- ADJACENT- NWP i
DETERMINED BY:
r
DATA FORM
ROUTINEONSITEDEmWNATI METHOD'
DATE: L/ •? 93 COUNTY: W
COORDINATOR: TIME:
WATERWAY: M? .I (1 Cn2Rl? ?`b.La
I
NEAREST TOWN: _ %
-
QUAD; LOCATION:
PARTY I)UING WORK: (NAME/ DDRESS)
PROPERTY UW14ER:(NAME/ADDRESS)
CoV%,S
' ?' ? iT4/?WL
?
.
1
11
vo(
U%
R
Jy' : Td1 .. NP??f'MOt-? --
T ------------
(A
PIIUNL' : (K iii )1147 111
_
PHONE: (_)_ -
OTHEK INDIVIDUALS PRESt:NT:

I5 PROPERTY UNIFORM X OR SEPARATE DISCRETE VEGETATIVE UNITS
-------------------------------
--------------------
Do normal environmental conditions exist at the plant community?
I ,
Yes No 3_ (Ono, explain on back)
Has the vegetation, soils, and/or hydrology been significantly disturbed? 4, z ?n.
yes ? No _,_ (N yes, explain on back)
c Ow.r. u w i
----
Cr1 DT rr
a _
- - - - - - - - - - - - - - - - - - - - - - ------
..
LVs VEGETATION: (IN ORDER OF DOMINANCE, DRAW LINE ABOVE NON-UUMINANT SPECIES)
eAis+v TREES SPECIES---% COVER--INDICATOR GROUND COVER: SPECIES-y COVER-ENDICATOR
!) 1. 1. Jvv%c.;'. l 3c'r. Dbl_
OV 2. 2. Nixt,r,,?,
? 3. 3, sArs ti ,P . 5 .lo
4. 4.
5. 5.
6•
SAPLINGS/SHRUBS:
n?
T.-77b-,,c-AP,;=7 (LACt 1.V?? S°?o PAC 7
2. 8.
3. WOODY VINES:
4. 1.
5. 2.
Percent of dominant species that are OHL FACK and/or FAC Oro
is the hydrophyti? etation criteron met? Yes ?_ No
-ks am- PA c ac
U
`
44
"N
-
1.. A- O
t7?tienaie: ti r,
SOILS
Seriestphase• P c - Subgroup:2
Is the sal on the hydric soils list? Yes [/ No Undetermined
is the soil a Histosol? Yes No \' Histic spipedon presant? Yes No ->C-
is the soil: Mottled? Yes No Geyed? Yes '-/ No
Matrix Color. "14 67- Mottle Colors:
Other hydric sad indicators: rL r
Is the hydric soil criterion met? Yes ? No
Ration: - _ ,
ti 1 /?G?,trh /i[
HYDROLOGY
Is the ground surface inundated? Yes No Surface water depth:
Is the soil saturated? Yes x No
Depth to free-standing water in pittsoil probe note:
List other fjeid OdeMp of sud" inundation or sod saturation. ,/
Is the wetlandh droiogy criterion met? Yes _?K- No .oh
Rationale: ?
JURISDICTIONAL DETERMINATION AND RATIONALE
Is the plant community a wetland? Yes No
Rationale for jurisdictional derision:
PHOTOS TAKEN: YES NO AUTHORITY: 10 404 10/404 NONE_
JURISDICTION: ABOVE HEADWATERS- ISOLATED- ADJACENT- NWP it
DETERMINED BY:
DATA FORM
ROUTINE ONSITE DETERMINATION METHOD'
COUNTY: of a
COORDINATOR: TIME: _ DATE
NEAREST TOWN: Fug.s:?4 - Ja WATERWAY: -
QUAD; LOCATION:
ARESS) PARTY DOING WORK: (NAME/ADDR?S )
pROPERTY OWNER: (NAME./ DD
0 4L-
R`"`l) A/ - PE1oNE:taf )?ao- Rrf?
PHONG:(_) -
OTHER ENDIVLOUALS PRESENT:
L.Jt-+IA`? IS PItUPEItPY UNIFORM OR SEPARATE DISCRETE VEGETATIVE: UNITS
----------------------------- ---------------------
Cs j r ear . h?riics) p
o normal environmental conditions exist at the plant community?
Yes X No (N no. explain on back)
Has the vegetation, sods, and/or hydrology been significantly disturbed?
No )e (N Yes- explain on back)
Yss__ - - - - - - - - - - - - - - - - - - - - - -
______
TATION• (IN ORDER no DOMINANCE DRAW LINE ABOVE NON-DOMINANT SPECIES)
Vb(,
TR1::L•'S: SPECIES---x COVER- INDICATOR
L/
1. P, vs 01.ot ?KVJ
2. L;,r,-o At, FAC-
3. 0 -3 s p. 2 FAC
4. (or ww)
5.
SAPLINGS /SHRUBS:
1.
2
GROUND COVER: SPECIES-% COVER-INDICATOR
1. Evlgl V: 15't. FAL
2.
3.
4.
5.
6.
7.
8.
3? WOODY VINES:
4. 1. _
5. 2.
Percent of dominant species that are 08L. FACIN, and/or FAC ?b
is the hydrophyd vegetation criterion met? Yes N,_ No {
Rationale: a 1 ?, J; s c' C3 a^A--
SOILS
Seriestphase: "VIOA ku- -Subgroup:2
Is the soil on the hydric soils list? Yes No Undetermined
Is the soil a H'istosoi? Yes No y_ Histic ep;;don present? Yes No _
Is the soil: Mottled? 10 Yes??Z No Gleyed? Yes
a Colors-? No
Matrix Color.
__A ry
Other hydric soil indicators: Dsorl.r
Is the hydric soil criterion met? Yes No
Rationale: U_.. d;miv-4A
HYDROLOGY - Z
Is the ground surface inundated? Yes --4- No Surface water depth:
Is the soil saturated? Yes No
Depth to free-standing water in pittsoii prone hois:
List other field evidence of su#ace inundation or soli saturation.
S'{- w. C . a L o k
Is the wetland hydrology criterion met? Yes X No
C?rFwL r.?..doCfi?n 1-d c_w?, " Ago
Rationale: , -,oY•
JURISDICTIONAL DETERMINATION AND RATIONALE
Is the plant community a wetland? Yes No
Rationale for jurisdictional decision: ??-
PHOTOS TAKEN: YES NO AUTHORITY: 10 404_ 10/404_ NONE_
JURISDICTION: ABOVE HEADWATERS_ ISOLATED- ADJACENT_ NWP li
DETERMINED BY:
DATA FORM
ROUTINE ONSITE DETERMINATION METHOD'
COORDINATOR: TIME: DATE: COUNTY: hfwjCC_ -

_
6alp-
alp-
- `
NEAREST TOWN: WATERWAY:
-
??ON:
QUAD:
OPERTY OWNER:(NAME/ADDRESS) PAK'fY DOING WORK: (NAM /ADDRGSS)
PR

I? let /W
' i->.. - /l nvrnw 1 PHONE: (9l )'710- ''111
PHONE:(-) -
OTHER LNDIVLUUALS PRESI:N'f
1JAW IS PKOPE1trY UNIFORM OR SEPARATE DISCRETE VEGETATIVE UNITS
----------- ---------------------
-------------------
Do normal environmental conditions exist at the plant commungY S
o- ad
©? Ao
k
Yes __ No _X_ (H no. explain on back)
turbed?
di
s
Has the vegetation. soils, and/or hydrology been significantty
yes _ No (N yes, explain on back)
--
e_xS-h-1 - - - - - - - - - - - - - - - - - - - - - - ------
VEGETATION: (IN ORDER OF DOMINANCE, DRAW LINE ABOVE YON-DOMINANT SPECIES)
py"k TRELS: SPECIES--% COVER--INDICATOR GROUND COVER: SPECIES-T COVER-END iCATUR
J
P
- .aA2 ,,L ro, -1u4(P?A- lZ°(• F? 1. A YvKAA'-Lv ? Jt,?..? i+a,_ S'4 FHCir
Li
1
.
n
2.L ,AatwJ1e,r 5?y f1v? to% F1cG 2.
3. Pre .s 3. T we ?s s p S6
PAC
4.
4.
5. 5.
SAPLINGS/SHRUBS: 6•
1. PAC. 7.
2. 3rli& 0 l1..w 5?1? FAL 8.
WOODY VINES:
3.
1. ift`}-5 ??r.d.`Folt S FAr-
4.
5. 2. Lohcu„w 'cf0 co, 5'% PAC
percent of dominant species that are OBL. FACK and/or FAC 100 `I'o
is the hydrophypp vegstatigrt_critstion met? Yes ?. No??a{ ?
Rationale: I"M? A t a r?
SOILS
'e G A-,4 ?4 Subgroupi2
• 4
&r
Series/phass
is the soil on the hydric soils list? Yes _L,,-' No Undetermined
is the soil a Histosoi? Yes No -le_ Histic spipedon Pnl!"nt? Yes No k-
No Y Gleyed? Yes No
Is the soil: Mottled? Yes
6
Matrix Color Motde Colors:
Ocher hydric soil inductors.
Is the hydric soil criterion met? Yes No
Rationale:
?dI/e /",ice +K °R ?a
HYDROLOGY
'
X' No Surface water depth:
Is the ground surface inundated? Yes
Is the soil saturated? Yes X No
Depth to free-standing water in pit/sail probe hots:
List other fit of surface inundatipn or sod saturation.
?
1n
S t.A
Is the wetland hydrology criterion met? Yes No
? rrSSe? `"jrv?I
°
H
't5
,
J
,
t
V10?o? s t
Rationale: SJ
JURISDICTIONAL DETERMINATION AND RATIONALE
Is the plant community a wetland? Yes No Rationale for jurisdictional decision: %
PHOTOS TAKEN: YES NO AUTHORITY: 10 404 10/404_ NONE_
JURISDICTION: ABOVE HEADWATERS- ISOLATED- ADJACENT- NWP it
DETERMINED BY:
DATA FORM METHOD'
ROUTINE ON= DE mINAT1ON
i is*
v,Jes( of A6
COORDINATOR: TIME: _ DATE: COUNTY: 1.Jo_
• o - ?/???+- IruC?-
NEAREST TOWN : WATERWAY:
QUAD: U LOCATION: -
pROPE'RTY OWNER: (N CIE/ADDRLSS) PARTY RUING WORK: (NAME/A1 D4'RG(SS)
irur7 C . n . ! e G/ ry t /A !? ' t5 t S?? R l-a y`ef (M
1- /) v L
PHONE: PHONE: (q) -Iqo- 11
OTHER INDIVIDUALS PRESENT:
VEGETATIVE UNITS
I5 PItUPE1tTY UNIFORM OR SEPARATE DISCRETE
_ ----------------
Do normal environmental conditions exist at the plant community?
Yes. No (B no. explain one ) curbed?
Has the vegetation, soils, and/or hydrology been significantly
yes No X_ (11 yes, explain on back)
---------------------------------- ----------------
VEGF?TATION: (IN ORDER OF DOMINANCE, DRAW LINE ABOVE NON-DOMINANT SPECIES)
TRL•LS: SPECIES---% COVER--INDICATOR GROUND COVER: SPECIES-Y COVER-INDICATOR
1. Piv-s e[tizili $p?/, PAL W i. Evt? l,w v?rw.r 3o'rr p6c_
2. Frm F'AC.
3. 3•11'„rr. s?. seta
4. 4.
5. 5.
SAPLINGS/SHRUBS: 6.
1. ?Ir..w*a ?.?Par,1 1?n,?otdes Z.f. 7.
2. OIL 8•
3. WOODY VINES:
4. L, `01n Pk-
5. 2.
Percent of dominant sped" that are OBI. FACW, and/or FAC 7 5 0,6(.
Is the hydrophytic vegetation criterion met? Yes k No
Rationale:
SOILS
Series/phase: C A e-w A e Subgroup.'?
Is the soil on the hydric soils list? Yes No ? Undetermined
Is the soil a Histosoi? Yes No Histic epipedon present? Yes No
Is the soil: Mottled? Yes? No GIs eed? Yes No 'K
Matra Color. 444 -? - ?+` -? >? s ' •,W ?? rt Monte Colors: y? /
Other hydric sod Indicators:
Is the hydric soil criterion met? Yes No .
/Vr7 /?eyr? 7-7, 3:>r? ?J hvT ?l1,r.! ?Lf fV
Rationale: r
HYDROLOGY
a the ground surface inundated? Yes No X_ Surface water depth:
Is the soil saturated? Yes No a
Depth to free-standing water in pit/soil pro hole:
List other fie ®? of surface inundation or soil saturation.
Is the wetland hydrology criterion met? Yes No
Rationale:
JURISDICTIONAL DETERMINATION AND RATIONALE
Is the plant community a wetland? Yes No -VI
Rationale for jurisdictional decision:
PHOTOS TAKEN: YES NO AUTHORITY: 10 404 10/404 NONE_
JURISDICTION: ABOVE HEADWATERS- ISOLATED- ADJACENT- NWP If
DETERMINED BY:
DATA FORM
ROUTINE ONSITS DETERMINATION METHOD'

a- 41
-
DATE: 1 / S /S COUNTY: W.J1.41
COORDINATOR: TIME: _ WATERWAY• Grczl? '
NEAREST TOWN:
LOCATION:__
QpllUAp; ?lp};RTY ) PARTY't RUING WORK: (NAME/ADDRESS )
UWIJER: t ((NAME/ADDRESS) DDRLSS S+7 l Rr' J1/OV"W`e/?? C0(K3c:1T-
1'?t/t'l 't =~ rV a r 4., . r c -- - 2"I bC?
(ID PL NL
Pilo
OTHER INDIVIDUALS PRESENT:
---------------------
00 I5 PROPERTY UNIFORM OR SEPARATE DISCRETE VEGETATIVE UNITS
normal onvimnmental conditions exist at the plant community?
Yes __)( No (H no. explain on back) disturbed?
Has the vegetation. sods. and/or hydrology been significantly
yes __ No -?X- (B yes, explain on back)
VEGETATION: (IN ORDER OF DOMINANCE, DRAW LINE ABOVE NON-DOMINANT SPECIES)
TREES: SPECIES--% COVER--INDICATOR GROUND COVER: SPECIES-Y COVER-INDICATOR
1. Lt J;Jc-h, 6cv- s41raCLT(voi- 10°(a F4L 1• ?vbos Cv.nCi tots vs Zo°lo SAC, k
2. S 'K r i 5v- S% OBL 2. , uv?c rs ?!? l0`?o
3. L?mcx2J^O?-i/9? {.' ?Ttn 7` 5 °lb PAC, 3. C•?I?tws $firi 1o g., 1 Suf. ?AC V
4. 4. J
5. 5.
SAPLINGS/SHRUBS: 6•
1. L, y, a1a? 1o? s+? ?,G t ? ` 5-w'o F? 7 •
3.lr•vs Se rr ul? (•? 9'°r, PAL W WOODY VINES :
4. 1.
5. 2.
Percent of dominant species that are OBL. FACW. and/or FAC 7 0 ° (°
Is the hydrophytic vegetation criterion friet? Yes X No
e tf?
Rationale: fn Awl i ?l. 0\c1N,? [H f SCO? ILS
Seriesfphase• t41 h 41'1'f'0e - Subgroup:2
Is the soil on the hydric soils list? Yes ? No Undetermined
Is the soil a Histosci? Yes No -'C Histic epipedon present? Yea No
Is the soil: Mottled? Yes No Guyed? Yes No
Matrix Color. 10V A Mottle,Caiors:
Other hydric soil indicators:
Is the hydric soil criterion met? Yes No h i
Rationale: < - 4 a
HYDROLOGY
Is the ground surface inundated? Yes No Surface water depth: ilia''
Is the soil saturated? Yes No X
Depth to free-standing water in pittsoil probe hole:
List other fjold evidsrrce of surface inundation soi saturation. ` X/ » 2 lj
13 the wetland hydrology criterion met? Yes No
Rationale:
JURISDICTIONAL DETERMINATION AND RATIONALE
Is the plant community a wetland? Yes 'L No
Rationale for jurisdictional decision: ?rfc' 1 ti„ e t,
PHOTOS TAKEN:
JURISDICTION:
YES NO AUTHORITY: 10_ 404_ !U14U4 NONE_
ABOVE HEADWATERS- ISOLATED- ADJACENT- NWP rt
DETERMINED BY:
Jan. 24 '94 11:25
k
0000 APPIAN CONSULTING ENG PA TEL [phone]
APPIAN CONSULTING ENGINEERS,, P_A.
CIVIL AND MUNICIPAL ENGINEERS
POST OF'F'ICE SOX 7966
ROCKY MOUNT, NORTH CAROLINA 27BO4-0966
0005Y L..JOYNER, P.E.
L7,o.TE . ?> z41 tag4
JOB #. 34-007
T O Eric ? ?YE2 Q70 -3F2 s
7:?ohyl ?or?ey 733 --1"13
-D-4vib S?(p - 46 i 5 - (o
'1oAy ?1?i-her`S 467 - (b 69>15
R E . e RQDk GALE K
P: 1
ACE 0-20
041 8. w6SLZYAN OLVD.
TLLLPHONE(919)972-7703
rA% • (9 19) 972-7638
Fix No _ ( }
No. Sheets to Follow:
FF24M : d,1ke -5"
C O M M E N T S. ? G"? lv n _yL2 ?/J ?/ Y?`St?' /sr
Jan. 24 '94 11:25
0000 APPIAN CONSULTING ENG PA TEL [phone]
APPIAN CCINSULTING ENGINEERS, P.A.
CIVIL AND MUNICIPAL ENGINEERS
POST OFFICE BOX 7966
ROCKY MOUNT, NORTH CAROLINA 27804-a966
a088Y L. JOYNER, P.E.
January 24, 1994
To: Eric Alsmyer
?en Jolly
john Dorney
?J on Ferrell(?)
,/Carl Shaffer
David Dell Q)
Tony Withers
Chuck Smith
From: Mike Stocks
RE: Crooked Creek
COE
COE
DEM
DEM
DEM
FWS
C.C. Partners
C.C. Partners
P. 2
®41 s. w¢s LEVAN BLVD.
TELEPMON9 [phone]
FAX r (8 19) 972-76;IB
This fax confirms that there will be a meeting at 219 S. North Street on Wednesday 26th,
1994 at 12:30 PM.
if a conflict arises with the appointed time please contact me at 919-972-7703.
Thanks,
ILL
ike Stocks
cc: file
r
CUNNINGHAM, DEDMOND, PETERSEN & SMITH
ATTORNEYS AND COUNSELORS AT LAW
225 NORTH BENNETT STREET
SOUTHERN PINES, NORTH CAROLINA 28387
BRUCE T. CUNNINGHAM, JR. /
RICHARD E. DEDMOND [phone]
ANN C. PETERSEN
MARSH SMITH
December 28, 1993
?I
Mr. Eric Alsmeyer
Wilmington District, Corps of Engineers
PO Box 1890
Wilmington, NC 28402-1890
Mr. John Dorney
NC DEM
PO Box 29535
Raleigh, NC 27626-0535
MAILING ADDRESS
P.O. BOX 1468
SOUTHERN PINES, NC 28388
FAX NO. [phone]
II t
J9
JAN - 3 10,
Re: Action I.D. 199400727 -- C.C. Partners' destruction of 4.32
acres of wetlands in order to build a golf course
Dear Mr. Alsmeyer and Mr. Dorney:
Again and again it seems that the issue of wetland loss is one of
"obsolete habits vs. the environment" rather than "jobs vs. the
environment". For some reason it seems that obsolete habits win
when it comes to issues involving wetlands.
It seems that in the above matter, the developer plans some
mitigation, but only 1.68 acres of wetlands will actually be
created, when over 4 acres will be lost. While admirable that the
developer plans to preserve or enhance over 10 acres, shouldn't
the developer create at least as many acres as it destroys in
addition to protecting what he doesn't destroy? Earlier this
year DEM proposed mitigation factors ranging up to 82, so why are
those charged with protecting wetlands settling for a factor of
.3?
1 If the property has 50 acres of wetlands, why doesn't the
developer effect preservation of all the wetlands?
2 If my memory is correct.
F/ r
DEM and COE
December 28, 1993
Page 2
Finally, what safeguards have you effected to make sure the
developer does what he now promises? Why not grant any permits to
fill only after the mitigation is accomplished or a "performance
bond" is posted? Regarding the "conservation easement", what
organization will accept this? Has such an organization been
found? Usually such organizations require an endowment for a
conservation easement... has an endowment been planned?
It sounds like you all are attempting some innovative solutions,
and I certainly don't mean to sound strictly negative. However,
in the past, golf course developers here in Moore County have
promised and promised, but never delivered. Fairwoods 7 serves as
an example concerning wetlands, so I would paraphrase former
President Reagan, and tell you "trust, but recieve some
insurance31t.
Thanks for your consideration.
Sincerely,
Marsh Smith
3 derived from "Trust But Verify."
t

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a
International Golf Group,
golf course construction management & shaping
MR
January 31, 1994
Memo To: C.C. Partners
From: J. Kelly Lanier, CPA
International Golf Group, Inc.
Re: Development Projections Based on Lot Reduction
Crooked Creek Subdivision and Golf Course, Wake County, NC
C.C. Partners, Inc. has requested we review projections pulled together from various
sources and analyze the impact of a reduction in total lots for the Crooked Creek
Development. It is my understanding that the original development plans included a total
of ±166 lots. Now, the Corps of Engineers would like to have the holes removed entirely
from the bottom land area. To do so would mean to locate the displaced holes only in
upland areas and changing the total lot capacity to significantly less than 140 lots. In
addition, utilizing the dramatic features of that particular area are viewed as critical to the
overall appeal of the development from both a golf course standpoint and a residential
standpoint.
The Exhibits following this discussion include: 1.) Summary projection based on a
minimum of 160 lots; 2.) Summary projections based on a minimum of 140 lots; 3.)
Summary projections based on a minimum of 120 lots; and, 4.) Memo from C.C.
Partners describing in more detail the wetlands issue. These exhibits are based on
information provided by C.C. Partners and are provided here for justification and
support of the wetlands permits for Crooked Creek. No copies or distribution of
this document shall be made without strict permission of C.C. Partners, Inc.
My analysis of these projections started with the parameters of the venture that would be
considered acceptable/reasonable to the partners of C.C. Partners, Inc. Based on my
discussions with the partners, the following parameters were identified:
Total return after taxes of at least 15%.
Total partner contributions available, if necessary, of approximately $1,000,000
in the form of sweat equity.
Bank acceptable financing not to exceed $2,000,000.
Post Office Box 10021, Raleigh, North Carolina 27605 • [phone]

J

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The 160 Lot Scenario (See Exhibit 1)
The original projections of ±160 lots met the parameters acceptable to the partner group.
The projections provided at Exhibit 1 are based on a lot capacity of 160 lots. With the
exception of the $1,000,000 limit on sweat equity, the basic requirements are met.
' Included behind each projection is a brief summary of the assumptions used in the
projections for the development cash flow and the revenue assumption of the golf
' operations. A review of some of these items may be helpful:
1.) Lot prices are assumed to begin at $40,000. This is supported by the recent appraisal.
The projections include a 5% annual increase in lot prices. The sellout of the lots is
expected in 4 years. This aggressive sales projection is based on the golf course amenity
generating significant interest.

2.) All development costs will be incurred in the first three years of the development.
Land costs are based on seller requirements. All other costs are estimated by the partners.

3.) Golf operations are expected to begin late this fall with the opening of only nine holes.
A nine hole golf operation is not likely to be a money maker based on the administrative
' costs and maintenance that will be in place to service a full eighteen hole golf facility. It
should be noted that the delay in opening the full eighteen holes this fall will cost the
' partners close to $500,000. Any further delays may push the opening back further
resulting in additional cost overruns and potential project insolvency.
' 4.) The detail of the golf course construction and operational costs are available for
discussion but are not presented in this package of materials. I feel like the revenues and
expenses are reasonable based on the anticipated quality and location of the facility. It's
important to note that the first year of full operations is not now expected until Year 4.
As can be seen, the overall yield to the ownership group on an after-tax basis is just below
15% for ±160 lots. In my opinion, this is at best a marginal return based on the risk
involved. It has been my experience that a return in the mid 20's is necessary to attract
significant sources of capital. The point is that if the project ran into problems, it would
' be difficult for the partner group to attract more capital.
The 140 Lot Scenario (See Exhibit 2)
The reduction in lots from 160 to 140 has reduced the overall return of the partners after
seven years to below 10%. The project is still viable, however, with the exception of year
5 when a deficit exists. There is time between now and year 5 for the partners to
maneuver to eliminate this deficit. In my opinion, the return generated is substantially
' below market for this kind of investment. Lot losses below 140 are considered critical. In
addition, any cost overruns or sales lag below projections could kill the project. There is
no longer any room for error.
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The 120 Lot Scenario (See Exhibit 3)
In decreasing the lot capacity to ±120,1 felt it was also necessary to consider the
qualitative changes of the project that will impact the financial viability of Crooked Creek.
As noted in the memo at Exhibit 4, the site selection was carefully made to include "a land
area with significant topographic features to enhance golf course routing, character and
playability." The changes under consideration would not only reduce lot totals to 120
lots, but would eliminate utilization of a significant and unique feature of the property.

The scenario presented at Exhibit 3 only recognizes the change to 120 lots. Other factors
' are not included. Based on this scenario, the overall yield to the partners after seven
years is less than 3%. This includes a sale of the project at the end of year 7 for 5 times
the net cash flow. In addition, years 2 through 5 generate deficits which would have to be
funded with additional capital. Based on a rate of return of 3%, additional capital is not a
realistic alternative. Obviously, this is totally unacceptable and not workable.

I

Not included in the 120 lot scenario are other factors which would negatively impact the
financial viability of the project caused by abandoning one of the most dramatic and
unique features of the property. These factors would include: slower lot absorption due to
less unique property; lower average selling prices; increased marketing costs over a longer
period; reduced rounds per year due to a less unique layout and design; etc. If these
factors were included in the scenario the impact would be enormous. Based on rough
estimates, the returns on the partners' investments would be reduced to a negative
8%. This means the partners would not even recoup their investment much less any
return.
It is my understanding that it's been said that the course should be able to "stand alone"
based on other projects in the area (ie. Devils Ridge). I want to make it clear that the
common deal structure for the public golf facilities located in residential developments
(including Devils Ridge), include significant. financial support from the residential
developer. My company submitted a proposal for the Devils Ridge project and it included
the developer providing the golf operator with the land (free and clear) and a $5,000 per
lot contribution. Keep in mind there is a 600 lot potential at Devils Ridge. I understand
that the current arrangement with Carolina's Golf Group is similar. The bottom line is that
the support from the developer can be worth several million dollars to the golf course
operator which completely makes the difference in whether or not the debt incurred can be
repaid. These projects, just like Crooked Creek, are 100% dependent on the viability and
success of the residential development for payment of the golf facility. w e '
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W?'`'A.6 V

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Conclusions
The memo at Exhibit 4 indicates that the project is not financially feasible at below 140
lots. My analysis indicates that viability is actually between 150 and 160 lots. As stated
earlier, however, my analysis includes several qualitative judgments which make labeling a
certain lot level as "breakeven" an irresponsible accounting exercise. In my opinion,
projections and forecasts are exercises we go through to justify what we feel is correct;
' these scenarios presented are no exception. The reduction in lots from ±160 lots to ±140
lots has removed all of the safety factors available to the partners. Realistic considerations
such as slow sales, increased costs, higher interest rates, etc. could now substantially
' endanger the project's viability. From a financial standpoint, the Crooked Creek project is
tight. There is not a great deal of room for error. The deal has always been viable due the
sweat equity feature of the project. This ability to postpone payment for critical services
provided to the development is what makes it work. Situations that serve to,prevent the
partners from making payments on items they could not defer could kill the project.
The issue here is whether the financial needs of the Crooked Creek project justify the
impact on the designated wetlands. It is apparent from the scenarios discussed above that
a reduction in lots from 140 to 120 would be financially devastating for Crooked Creek.
' There appears to be few financial alternatives available to alleviate the problems which
would occur should the proposed change take place. It appears reasonable that other
' alternatives to the proposed changes could be considered. The memo at Exhibit 4
discusses the willingness of C.C. Partners to minimize the wetlands impact. The impact
would be limited to approximately three acres and directed at disturbance in lesser quality
wetlands areas as determined by State and Corps officials. If financial viability is
' justification for wetlands disturbance, it certainly applies in this case.
I appreciate the opportunity to be of service in this matter. I can be contacted at
[phone] to discuss any of the material presented.

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' NARRATIVE DISCUSSION OF ALTERNATIVES PRESENTED
FOR JUSTIFICATION OF WETLAND IMPACTS
' AT CROOKED CREEK
CORPS OF ENGINEER NUMBER 199400727
o
All information contained herein is strictly c
nfidential and prepared for justification of wetlands
permits for Crooked Creek Golf Course Community, Fuquay Varina, Wake County, North
Carolina. No copies or distribution of this shall be issued without strict permission from C.C.
Partners or its agents. No copies of this document shall be made without permission.
The following is a detailed discussion of the attached figures and charts justifying significant
financial impacts of loss of lots and time delays associated with the development of Crooked
Creek. This document was prepared to substantiate the need for minimum of ± 140 lots at
Crooked Creek based upon a disturbance of approximately two to three acres of jurisdictional (
p
wetlands. As stated before and reiterated again C. C. Partners, Inc. as the applicant does not XT
1 ?
' agree with the location of the headwaters designation, however, will not dwell on that issue at
this time. Our focus shall be on avoidance, and then minimization and ultimately mitigation to
ensure the best possible construction for all parties involved.
' Attached Figure 1 provides a chart of various annual payments required for 5, 7 and 10 year
periods for loan amounts ranging from $100,000 to $2,000,000. Our initial project design
provided for an approximately 160 lot subdivision locating significant golf in lower areas based
upon preliminary wetlands delineation by Kevin Martin. Detailed delineation and exact mapping
reveal that significantly more wetlands were prevalent than originally noted. It was C.C.
Partners intent, initially, to be able to create a successful project with approximately 51/2 holes
of golf in lower areas. Earliest routings prior to detailed wetland delineation indicated up to 16
acres of disturbed wetlands. Further refinement over nths has reduced this amount
first to 10 acres than 8 acres and finally 3 acres i led wetl for the formal application z
' submitted to the Corps, which is dated November 18, The intent by C.C. Partners was
to create a subdivision whose revenues would substantially pay for the construction of a
championship 18 hole golf course with significant sweat equity input by the partners. The land
area identified is unique. The search began approximately eight years ago from this date.
Criteria for the land included single ownership and paid for, i.e. no financing on the property
' or loans; a location in southern Wake County; a location with a significant water source (Middle
Creek); a land area with significant topographic features to enhance golf course routing,
character and playability; a land owner who was willing-to rticinate no a, a a n r, but in ?c
' the form of land contribu_ tion for favorable terms and fair payment for land in a market that, ,
otherwise, he would not be able to sell; a land owner willing to wait at least five years for VIL
receipt of his funds; proper zoning; availability of sewer or suitable soils for septic tanks; and
' a parcel that would generate enough lots to make the project feasible. Such piece was identified
and contracts and agreements negotiated mutually acceptable to both parties. C.C. Partners, as v0111
mentioned earlier, original intent was to pay for the golf course construction (100% including
sweat equity) through revenue of lot sales.
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' Figure 2 provides a range of generated lots from 100 to 180 and average of lots prices from
$30,000 to $50,000 per lot and the anticipated gross revenues to be received from 100% lot
' sales. The second portion of Figure 2 represents the end revenue after taxes anticipated which
would be used to finance construction.
' Figure 3 is a general summary of expenses for the major components of the development. It
also includes a column providing anticipated partner sweat equity and ultimate net expenses that
must be satisfied from lot sales to make a project financially feasible.
ALTERNATIVE I - NO GOLF
' In reviewing Alternative I, site plans generated indicate that approximately 190 lots could be
created. With an average lot price of approximately $25,000 per lot (no golf, significantly less
lot value), total expenses including taxes and interest with an absorption rate over approximately
' a five year period indicate $4.3 million in expenses, income of approximately $4.75 million and
a projected profit of approximately $45,000. This profit is unacceptable for the risk involved
for the fragileness of the lot prices, absorption rate, and general risk for this nature project.
ALTERNATIVE H - 140 LOTS
Alternative II projects a total expense with taxes and insurance of approximately $6.5 million
after sweat equity input. Total revenues are estimated at $6.3 million. This yields a deficit of
approximately $200,000 at sell out. Although this is approximately $300,000 beyond the
' comfort level of the basis for all initial decisions, it does fall within a serviceable loan range that
can be satisfied by revenues generated from golf course operations, assuming that golf course
operations meet potentials with no significant problems or delays. Therefore, 140 lots is
considered the minimum acceptable lot yield for a viable project.
ALTERNATIVE III - 160 LOTS WITH GOLF
' The 160 lots alternative which was the initial proposed project plan assuming approximately 51/2
' holes of golf in areas now considered significantly impacted by wetlands by regulatory officials
yields an estimated revenue over buildout of three to four years of approximately $7.2 million.
Corresponding expenses, taking into account again $1 million worth of sweat equity for grading,
' design, and surveying including taxes and interest carry, are approximately $7.1 million or
approximately $100,000 worth of profit. This was the preferred alternative which allowed for
a safety factor anticipating lot sales may not meet projections, lot costs may not meet
projections, marketing conditions could change, etc. It was the partnerships feeling that with
a project break even, some costs could be absorbed at the end for changing conditions, again
referring to the loan table and this amount could go up to approximately $500,000 to $600,000.

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What is happening is now our safety factors developed for the worst case basis (slow sales,
lower lot prices, etc.) have been eaten up in loss of lots and the partnership no longer has any
safety factor at 140 lot yield. Should market conditions change, interest rates change, proposed
lot sale prices not meet projections, or construction delays occur which would increase interest
carry, financial insolvency would occur and even at best projected golf course revenues would
be unable to service the debt to make the project possible.
ALTERNATIVE IV - 120 LOTS WITH GOLF (PLAN A2)
This scenario assumes that no wetlands impacts would occur. The change from 140 lots to 120
lots is predicated on the fact that taking golf out of the bottom areas in a sufficient amount to
eliminate wetlands impacts cannot be done on a lot by lot basis. Due to routing requirements
and approximately 10 lots per hole are yielded, the need for two holes to be taken out of the
bottom, a loss below 140 lots less than 120 lots based upon approximately 25 routing plans and
options cannot be realized. Therefore, there is no intermediate lot total between 140 and 120
lots that will work. The result of revenues from 120 lots show that revenues will be
approximately $5.4 million, expenses will be approximately $6.8 million after $1 million worth
of sweat equity or we would be required to borrow approximately $1.35 million plus the $1
million worth of sweat equity that we would have put in. As the project would not be able to `
service this debt this is not an acceptable alternative and would not be considered as viable.
ALTERNATIVE V - GOLF WITH NO LOTS (PLAN A5)
As golf with 120 lots yields a $1.7 million debt at sell out, any reduction in lots to include less
than 120 lots or golf with no lots is not considered acceptable as this would add even additional
debt to the project without any source of revenue. Therefore, the golf - no subdivision -
alternative is obviously not feasible.
SUMMARY
The above information was developed to demonstrate that based upon all work completed, all
routings completed, all financial analysis completed, and acceptable practices, that the project
is not financially feasible with less than 140 lots. This justification has been developed and
provided to substantiate the need for some golf to be located in areas whe ds exis
resulted routings have significantly reduced this amount to approximat y two Is and directing
this disturbance in lesser quality wetlands areas as determined by Sta and Corps officials.
Finally, we have significantly altered our routing compromising our golf course which ultimately
will compromise long term revenues as a result of lesser rounds played per year by putting holes
in less desirable locations, i.e. in fields versus through the woods. This is done in a continuing
effort to mitigate and or avoid potential bottomland hardwood impacts even in upland areas.
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ALTERNATIVES APPROACH
For reasons stated earlier, alternate sites are not available. Additionally C.C. Partners has
contacted every available property owner around the site for possible expansion. One area of
approximately 12 acres on the south west corner of the project has been secured by a verbal
option and we are attempting to obtain a written option. We hope this land will generate some
additional revenues to assist in meeting our short comings for this selected 140 lot alternative.
Additionally, areas previously planned to the south where approximately 12 lots are shown
cannot be obtained due to numerous heirs controlling property. We have worked for
approximately one year in trying to obtain this land and it appears that it will be in excess of six
months to a year before it can be obtained, if in fact it can be obtained. We met and actually
did routings for the approximately 270 acre parcel across Middle Creek owned by Tommy
Fonville and his partners. Approaching them for the ability to put golf on this land was done
but they too were not interested in a golf alternative. It would also be excessively expensive to
cross Middle Creek with any kind of road system due to the wide expanse of flood plain and
significant wetlands on the opposite side of the creek. As a result of these reasons all areas
around the site are cut off for additional golf expansion. We would entertain any additional
questions pertaining to work completed for this alternative.
Finally, it should be noted that as delays occur additional significant expenses will occur and
could push the project back not months but one year or more. Time is critical. Since all
construction is targeted towards spring planting times for grasses, any delays that prevent
construction to be completed prior to June 1st planting period would require not months delays
but one year delay. One year delay would certainly yield total destruction to the project and
potential ultimate bankruptcy. As time is of the essence in making any resolutions to this end,
C.C. Partners will work day and night to resolve routing issues. We respectfully request that 611-
' detailed mitigating measures as submitted be fine tuned upon completion and approval of
routings. Then we can continue with somewhat less pressure in working through details.

u

We appreciate the responses and officials working with us on this project. As we have tried to
go by the book on every measure with this project we ask that you provide prompt response in
processing our individual permit. It has been stated that the review application submittal
generally takes six months. We have spent approximately 112 ears prior to submissio of the
application in reducing all potential impacts so that we would not have to go through these
measures after application submission. We look forward to your prompt review and im diate
response. Should you have any questions do not hesitate to contact Tony Withers (91 -469-
3340) or Mike Stocks (919-972-7638) at any time.
Prepared by Tony Withers `
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