Water Issues for Golf Courses PERMITTING

1. Water Issues for Golf CoursesPERMITTING Andrew Burg, PE, RLS February 24, 2004 Myers Park Country Club Charlotte, North Carolina

2. Little Sugar Watershed "The County Commission herein finds that the public policy of Mecklenburg County is that our surface waters --- creeks, tributaries, ponds and lakes --- are a natural resource to be protected as a source of natural beauty and recreation. “The Little Sugar Creek watershed is one of the most severely polluted watersheds in North Carolina (NCDWQ Catawba River Basinwide Water Quality Plan pp. 4-24 to 4-27).” Further, that the use of our creeks, tributaries, ponds and lakes as a stormwater disposal method shall be secondary to the preservation of creeks, tributaries, ponds and lakes.”

3. Santee-Cooper River System The Santee-Cooper River Basin comprises the second largest Atlantic coast watershedin the United States. Catawba

4. Charlotte-Mecklenburg Sugar Creek Little Sugar Creek

5. North-South Carolina “NCDENR & SCDHEC have together conducted special studies of this sub-basin indicating the need for basin-wide storm water BMPs for the ‘most polluted’ basin in North Carolina.” North Carolina South Carolina Crystal Springs Golf Course Sugar Creek Little Sugar Creek Sugar Creek

6. South Carolina “By some NCDENR and SCDHEC estimates, as much as 40 percent of the phosphorus load in Lake Wateree originates from the Sugar Creek sub-basin.” Catawba River Sugar Creek in South Carolina

7. Aerial Reconnaissance

8. Rainfall & Stream Gages

9. Stream Gages Water Quality Index

10. Pollutants • Nutrients • Phosphorus • Nitrogen • Sediment • Heavy metals • Smothering • Bank Erosion • Construction • Chemical & Physical • pH • Dissolved Oxygen • Conductivity • Thermal • Pavement runoff • Lack of tree shade • Fecal Coliform • Sanitary sewer overflows • Animal, bird and pet feces

11. Federal • United States Army Corps of Engineers (USACE) • Section 404 of the Clean Water Act of 1972 (CWA) • Code of Federal Regulations 33 CFR 330 • Nationwide (NWP) Nos. 1 – 44 • Individual Permit • SWANCC decision from US Supreme Court (Jan. 2001) • Federal Emergency Management Agency (FEMA) • Letter of Map Revision (LOMR) • Flood Insurance Rate Map (FIRM) • Conditional Letter of Map Revision (CLOMR) • Flood Insurance Rate Map (FIRM)

12. Federal • United States Fish & Wildlife Service (USFWS) • Commenting to USACE under Section 404 process • United States Environmental Protection Agency (USEPA) • Commenting to USACE under Section 404 process • National Pollutant Discharge Elimination System (NPDES) • Phases 1 & 2 (metro area size) • Point Sources (WWTP, industrial plants … Metromont, Celanese) • Non-Point Sources (golf courses, lawns, homes, city storm drains) • Section 303(d) of the Clean Water Act of 1972 • Impaired Waters / Non-Supporting Uses • Drinking Water Supply, Prolonged Contact, Trout Waters, etc.)

13. State • NC Department of Environment & Natural Resources • Division of Water Quality (NCDWQ) • Section 401 Water Quality Certification • Individual Permit • Isolated Wetlands (state enforcement vs. federal; since SWANCC) • NC Department of Environment & Natural Resources • Division of Land Resources (NCDLR) • Erosion & Sedimentation Control • NC Wildlife Resources Commission (NCWRC) • Commenting to NCDENR under Section 401 process

14. SWANCC Ducks Unlimited www.ducks.com On January 9, 2001 the U.S. Supreme Court issued a decision, Solid Waste Agency of Northern Cook County(SWANCC) v. United States Army Corps of Engineers. The decision reduces the protection of isolated wetlands under Section 404 of the Clean Water Act (CWA), which assigns the US Army Corps of Engineers authority to issue permits for the discharge of dredge or fill material into "waters of the United States." Prior to the SWANCC decision, the Corps had adopted a regulatory definition of "waters of the U.S." that afforded federal protection for almost all of the nation's wetlands.

15. SWANCC Ducks Unlimited www.ducks.com The Supreme Court also concluded that the use of migratory birds to assert jurisdiction over the site exceeded the authority that Congress had granted the Corps under the CWA. The Court interpreted that Corps jurisdiction is restricted to navigable waters, their tributaries, and wetlands that are adjacent to these navigable waterways and tributaries. The decision leaves "isolated" wetlands unprotected by the CWA. These wetlands are very significant to many wildlife populations, especially migratory waterfowl. This report examines the possible implications to wetlands that are important to waterfowl across the Nation.

16. Local • City of Charlotte • Riparian Stream Buffers • Erosion & Sedimentation Control • Local “No Rise” • Mecklenburg County • Riparian Stream Buffers • Floodlands “Development” Permit • No Adverse Impact (rise, floodway shift, floodway width, etc.) • Variance • Administrative • Zoning Board of Adjustment

17. Resources (Internet) • Federal • www.epa.gov • www.fema.gov • www.usace.army.mil • North Carolina • http://h2o.enr.state.nc.us/index.html • http://www.dlr.enr.state.nc.us/ • Local • www.charmeck.org

18. Applause Andrew Burg, PE, RLS 704.589.9857 http://www.egaps.net Easement, Grant Application & Permitting Services