19940891 Ver 1_COMPLETE FILE_19940727

qL199
• oil & Environmental Consultants, Inc.
t2144 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
August 23, 1994
NRCD -DEM
Attn: Mr. John Dorney
PO Box 29535
Raleigh, NC 27626
US Army Corps of Engineers
Attn: Mr. Eric Alsmeye
6512 Falls of the Neuse
Raleigh, NC 27615-684
SEP 2 2 ?
Dear Messrs. Alsmeyer and Dorney:
The purpose of this letter is to request Nationwide Permits 12,14
Section 401 Water Quality Certification for the project to be known as Haddon
Hall. The project is located near Apex, NC (Wake County) and is bordered by
NC 55 on the western boundary as shown on the enclosed plans and vicinity
map.
The Corps approved wetland delineation is shown on the attached map. The
delineations of impact areas have been approved by Mr. Eric Alsmeyer of the
U.S. Army Corps of Engineers.
Fill in the wetlands will be required to construct roads and utility lines.
It will be necessary to fill 1.32 acres (see map) of jurisdictional wetlands above
headwaters for placement of some of the proposed driveways and lots utilizing
Nationwide 26. A farm pond on the property totals 1.16 acres of the impacts
under Nationwide 26. An additional .47 acres (see map) will be filled for road
crossings under Nationwide Permit 14. Road crossings are perpendicular to
wetland alignments, in order to minimize impacts. Utility line impacts total.90
acres.
To expedite the permitting process and to make "life easier" on everyone
involved, the following individuals/agencies have been provided with a
complete copy of this entire application package: U.S. Fish and Wildlife Service,
National Marine Fisheries, N.C. Cultural Resources, Danny Smith (DEM) and
David Franklin (Wilmington Corps).
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
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 enclosures) David Franklin, Wilmington Corps
USF&WS
N.C. Cultural Resources
Danny Smith, DEM Raleigh Regional Office
National Marine Fisheries Service
owner: Arthur Steckler
100 Chalon Drive
Cary, NC 27511
KCM/jmb
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 14, 12, and 25
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for 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]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
P.O. BOX 29535
Raleigh, NC 276264)535
ATTN: MR. JOHN DORNEY
Telephone (919) 733,5083
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: Arthur Sf-.tmr-k1tzr.
2. Owners Address: 100 Chalon Dr-, Cary, N r 27911
3. Owners Phone Number (Home): (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Soil and Rwirmm-ital Ctrmxltants, Inc.
244 W. -,b 11bMck Rd., Raleigh, U.' 27609
919/846-5900
5. Location of work (MUST ATTACH MAP). County: title
Nearest Town or City: 1 r=
Specific Location (Include road numbers, landmarks, etc.): Eagt of NC 55 _ and 0.2 H
south of U.S. 64 (see attad-E3 vicinity np).
6. Name of Closest Stream/River: Beaver Creek
7. River Basin: Uape Fear
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WSI, or WS II?
YES ( ) NO (X)
9. Have any Section 404 permits been previously requested for use on this property?
YES ( ) NO (X) If yes, explain
10. Estimated total number of acres of waters of the U.S. including wetlands, located on project site:
15.65
11. Number of acres of waters of the U.S.,' cludiln ds, c#ed b ?rna?
e o o ecl ro'ect
:Vat1CM71?? ? P iiatide 12
Filled: 1.32 .47
Drained:
Flooded:
Excavated: _ .90
T-4-1 T,,,,,o forl• 1 Z 7 n 7 nn
12. Description of proposed work (Attach PLANS-81/2" X 11" drawings only):
driveway and utility line a rstnzticn.
13. Purpose of proposed work: Infrastrucbim for a resideltial develgmEnt.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also,
note measures taken to minimize wetland impacts. tiwtla ds 'ust be crcssed to aamss uplands m 'p'
r'at' Y• Fcad cressings are patim dinular to `etlarrlc, to dnimiae JZPx -
15. You re 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 that may be affected by the
proposed project Have you done so? YES (x ) NO ( )
RESPONSES FROM THE 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 in the permit area which may be affected by the proposed project? Have you done
so? YES (X) NO ( )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project
C. If delineation was performed by a consultant, include all data sheets relevant to the
placement of delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? Residential or iarJgnnIgxJ mral
F. If applicable, what is proposed method of sewage disposal? diddol ?r
1
is Signature Date
78.52'30"
BOUNDARY OF
SUBJECT PROPER?
NC¦ J
?J
QUADRANGLE LOCATION
ap phutn;nlspecled 1 j,56
iualrn ; ulture (a dlangc."' obserdr:d
Interstate Route 1 U. S. Route ( ) State Route
APEX, N. C.
35078-F7-TF-024
PHOTOINSPECTEU 1988
1974
P' InTOREVISED 1987
DMA 5255 111 NE-SERIES V842
ROAD CLASSIFICATION
Primary highway, Light-duty road, hard or ss c??p'
hard surface improved surface
Secondary highway,
hard surface _® Unimproved road_
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr,
Jonathan B. How,
A. Preston Howar,
Z6
Mr. Arthur Steckler
100 Chalon Drive
Cary, N.C. 27511
Dear Mr. Steckler;
" 7t:A
ED EHNR
December 28, 1994
Wake County
DEM Project # 94891
FIL 4 r
On 6 December 1994, the N.C. Division of Environmental
Management sent you written concurrence for your project at
Haddon Hall (near NC 55 and US 64) under General Certification
2671. Approval for the 2.69 acres of wetland fill should also
have been authorized under Certification Number 2732 (Nationwide
Permit 14) and 2664 (for Nationwide Permit 12). All additional
conditions described in our 6 December 1944 letter are still
applicable.
Please call Mr. John Dorney at 919-733-1786 if you have any
questions.
Sincerely,
1
reston Howa 011 Jr. PE
98851.mem
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
Kevin Martin; Soil and Environmental Consultants
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

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 17, 1994
Regulatory Branch
Action ID. 199404855 and Nationwide Permit Numbers 12 (Utility lines), 14
(Road Crossing) and 26 (Headwaters and Isolated Waters)
Mr. Arthur Steckler
100 Chalon Drive
Cary, North Carolina 27511
Dear Mr. Steckler:
Reference your application dated August 23, 1994, submitted on your
behalf by Soil and Environmental Consultants, Inc. and received in this office
on September 27, 1994, for Department of the Army authorization to discharge
fill material within waters of the United States, impacting a total of 2.69
acres of wetlands (0.90 for utility lines, 0.47 for road ings and 1.32
for lot fills) adjacent to, and above the headwate m d tributaries
to Beaver Creek, for construction of the propos Haddon Hal residential
development, on the east side of NC 55, 0.2 mil , south S. 64, in Apex,
Wake County, North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title
33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization,
pursuant to Section 404 of the Clean Water Act, was provided for the discharge
of material for backfill or bedding for utility lines, including outfall and
intake structures, provided there is no change in pre-construction contours.
Authorization was also provided, pursuant to Section 404 of the Clean
Water Act, for discharges of dredged or fill material into headwaters and
isolated waters.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of
1899 and Section 404 of the Clean Water Act, was also provided for fills for
roads crossing waters of the United States (including wetlands and other
special aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a
filled area of no more than one-third acre. Furthermore, no more than a total
of 200 linear feet of the fill for the roadway can occur in special aquatic
sites, including wetlands;
c. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
-2-
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the
permittee notifies the District Engineer in accordance with the "Notification"
general condition.
Your work is authorized by these nationwide permits provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management. You should contact Mr. John Dorney,
telephone [phone], regarding water quality certification. These
nationwide permits do not relieve you of the responsibility to obtain other
required State or local approvals.
This verification will be valid for two years from the date of this
letter unless the nationwide authorization is modified, reissued or revoked.
This verification will remain valid for the two years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification. If during the two years,
the nationwide permit authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced or are
under contract to commence, in reliance upon the nationwide permit, will
remain authorized. This is provided the activity is completed within twelve
months of the date of the nationwide permit's expiration, modification or
revocation.
Please note that this authorization is valid for the work described
above only, and impacts of subsequent projects on this property would have to
be considered cumulatively with these impacts, regardless of future
subdivision or ownership of the property. Questions or comments may be
addressed to Mr. Eric Alsmeyer of my Raleigh Field Office regulatory staff, at
telephone [phone], extension 23.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-3-
Copy Furnished (with enclosure):
Mr. Kevin Martin
Soil and Environmental Consultants, Inc.
244 W. Millbrook Road
Raleigh, North Carolina 27609
Copies Furnished (without enclosure):
Mr. Mike Coughlin
Environmental Engineer
Wake County Community
Development Services
Post Office Box 550
Raleigh, North Carolina 27602
Town of Apex
Planning and Inspections
Attn.: Ms. Pat Crisman
Post Office Box 250
Apex, North Carolina 27502
\>>fr. . John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
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` I North. C arolins, Wildlife. Resources Commission
512 N. Salisbury Street, Raleigh, North i`;w,oiitia ? 6 4. 188, 919,733, 3391
Chsrles R. Fullwrcd, Executive Direr, tot
MEMORANDUM
TO: Mr. john Docney, Water Quality Sel-'tion
Division of Environmental Management, DEHNR
FROM: Owen F. Anderson, Piedmont Region Coordinator
Habitat Conservation Program
DATE: October 19, 1994
SUBJVCT: 401 Certif:ication for Arthur St. -ck.ler, Haddon Hall
Development, Apex NC, ()EM Project: Nu.94891
Biologists on the North Caro] ina wild".ife Resources
Commission staff have reviewed t.ho subject Oroject. A Site visit:.
was conducted can October, 19, 1994. Our '?cOycunents are provided in
ac(:ordance with certain n provisions of the Glean Water Act of 1.977
(33 U.S.C. 466 et seq.) and the Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d) and North
Carolina General Statutes (C.S. 11.3--1:31. et seq.) .
The subject project involves impaat.in(j 2.69 acres of
wetlands for lot fill, roadways, driveway , and uti 1.ity
construction for a residential dQvelopment in Apex NC.
The applicant is in violat:io» of the c"lean water act. becat.rse
fill had been placed in wetlands without the subject 401. permit
authorizing fill. in wetlands. I'herc?f_or.e, we request the
applicant cease a71_1 operations wi..h.iln the subje-t wetlat dsi.
Beginning worn, prior to issuance of a permit:, precludes the
opportunity to *.it th(n_,r minimize or to access impacts of the
project. Additionally, the perrrti.t does no request fill for,
residential lots.
We have the following comments and/or requests for
modifications concerning the issu:inc,e of this permit:
1. We recommend the applicant k)t req:zir•e:d to compensate for
this violation. Proceeding with wc,rk prior to obtaining the
pd I u , r PI _:. I AK E TEL 1 i- -9? C71:) CIi_: t 1 -?4 1 ?:. 7. hdii . Cii' 4
401 _ Certification 2 October 19, 1994
Project No. 94891
necessary permits puts those who follow the proper
procedures at a disadvantage. We would e Dcourage that some
form of mitigation be used instead of monetary fines. 't'his
approach would be more beneficial to the environment.
2. we recommend that all wetlands impacted by utility
construction be returned to natural Sao i. l s and contour. The
areas should then be planted with an annual small grain
appropriate for the season (e.g., wheat, rye, millet) arid he
allowed to revert to natural wetland vegetation. The
utility easements should be maintained only with a frequenQy
to prevent large woody vegetation from be<;:c..ming established.
3 , we recommend that wetlands T1; R2, and 13 not be, impacted
because the upland property can L)e accessed by another road
within the subdivision. The applicant should also reexamine
the road al ignmont for R6 to avoid the need to fill wetland
13 and R5. The wetland on the lot adiacent to RES has not
been permitted for f i l l acid show d have deed restrictions
prohibiting futures fill by the respec:.t:ive? owners,
Protecting these drains should improve water quality being
discharged to the wetlands in the grecnway.
4. We recommend that lots; with wetlands that are not per-mitt:ed
for fill by the contractor, have restrictions placed on the
deeds to prohibit Impacts by the respec:ti.vc owners.
5. We encourage that. stor.mwater_• managemi nt plans be included in.
the development. Using detention an{l retention. ponds,
leaving buffers of natural vegetation along drains, and
using natural swales where possible instead of curb and
clutter will help replace some water quality functions lost
by the wetland destruction. These techniques will also
dissipate energy from they runoff; and thus, should reduce
erosion and sedimentation and costly r'epairs duE, to erosion.
Thank you for the opportunity to review 'this application a-n(!
provides comments. If we can be of further assistance, contact me
at [phone].
4FA/ofa
cc: Danny Smith, Environmental Technician, c7EM
Wayne Jones, District 3 Fisheries Bic;loyist
Mike Scruggs, District 3 Wildlife Biologi st.
Additional Information Request
Page -2-
- No information addressing stormwater controls were observed
in the subject site plans. If these plans are available,
please provide information that explains the location and
placement of stormwater outfalls (this should include the
presence of velocity dissipaters, etc.).
Your 401 Water Quality Certification is currently on hold.
This office will proceed with review of this project once the above
information has been received. If you have any questions
concerning this letter, please contact Mr. Danny Smith at (919)
571-4700.
Sincerely, aw;bL
an et t Schuster P. E.
Regional Supervisor
/ds
CC: John Dorney - DEM Wetlands and Technical Review Group
Wetlands Group - U. S. Army Corps of Engineers
Kevin Martin - Soils and Environmental Consultants, Inc.
State of North Carolina
Department of Environment,
Health and Natural Resources
Raleigh Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Boyce A. Hudson, Regional Manager
19
A M e??J
DEHNR
Division of Environmental Management
October 17, 1994 ?%
Mr. Chuck Martin
Keystone Corporation ?9rs 4T_
1143B Executive Circle,
Cary, North Carolina 27511
Subject: Additional Information Request
401 Water Quality Certification
WALDEN CREEK
DEM Project No.94900
Wake County
Dear Mr. Martin:
On October 10, 1994 Danny Smith of the Raleigh Regional Office
met with Soil and Environmental Consultants, Inc. (S&EC) to conduct
a site review for the above named project. As a result, written
correspondence addressing the following issues or concerns is
required:
-Wetland impacts (Nation Wide 26) to lots 6, 7, 62, and 61 are
required to be avoided and respective deed restriction
prohibiting future impacts will also be required. Please
note: The wetlands that have been impacted on these lots must
be returned to original grade and stabilized.
-As per your permit application you have requested 0.49 acres
under a Nation Wide 12 (utility easements). Therefore,
impacts to wetlands (noted on your site plans) on Lot #s 7, 8,
9, 10, 11, 12, 61, 62, 67, 69, 82, 131, 132, 133, 134, 171,
172, 175, 183, 184, 185 are only permitted for utility line
easements, which must be returned to grade after construction
is completed. No additional impacts to wetlands on these lots
are approved and no additional wetland impacts have been
requested. As a result, this office will require a deed
restriction that prohibits respective home owners from
additional wetland impacts to the aforementioned lots.
-Lots that house wetlands which have not been proposed for
impact are required to have a deed restriction, prohibiting
respective home owners from impacting these wetlands.
3800 Barrett Drive, Suite 101, Raleigh, North Carolina 27609 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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North rolina Wildife Resources Commission
- -- -
-^-- 51' N. S hsi)ury Streit, Raleigh, North c irolMw 27604-t? 5(??, 919-73 191
C'har'les R. FWIwchxl, E4rcut.ive Oircctor
MEMORANDUM
TO: Mr. john Dorney, Water Quality Section
Di.Vit;ioll of Environrental Management, DEHNR
(,I?'-;? Coordinator
FROM Owen F. Anderson, Piedmont. ?egion
Habitat Conervation Program
DATE: October 19, 1994
SUBJECT: 401 Certification fc,r. Keystone Corporation, Walden
Cre¢k Phase T (Section 1 and 2) Apex NC, DEM PIOie.ct
No. 94900
Biologists on the North Carol incl Wi ld3.i to i t+srux cues
commission staff have reviewed the subject project. A site visit
was conducted on October 10 , 1994, our tW o7niments are p'r -r-vi deC1 in
accordance with certain in provisions of the 'lean Water Act Of 1y7?
(33 LT.S.C. 466 et seq.) and the Fish and Wildlife Coordination
Act (48 Stat. 401, as amended,; 1c) tl.S,.C. 661-667d) and North
Carolina General Statuten (G.4. 1!3-131- et seq.).
The subject: project involves impacting 2.18 more-.; of
wetlands for lot, fill, roadwayF,, c;z,iveways and uti l.ity
c=onstruction for a residential. de'VelOpment. ..n Apex NC.
The appl icaTlt's contractor had di:st-urbed inaiiver tently some
wetland areas on lots 6 and 7 without the st_a.bje-c.t 401 permit
authorizing fill in wetlands. Therefore, we request the
applicant crease all operations within the subject. wet.l.ands.
Beginning work, prior to issuance or a permit, precludes the
opportunity to further minimize of to arc,F.s? impacts of the
project.
We have the fol- owing crrn?tnerlt:C and/or r.eque-5ts for
modifications concerning the issuance of this permit:
We recommend the applicant rse required to compennate for the
violation. Proc:eedi.ng wit; wLrk prior to ck,)t:ai.ninq the:
1 r . hlr, "i1 -1 1
F''?. , Hi'F' , E?If l HfE TF =i 1 {-r - =i CIi t l 4
R
401 certification 2 October 19, 2994
Project No. 94900
necessary permits puts those who follow the proper
procedures at a disadvantage. we would encourage that some
form of mitigation be used instead of monetary fines. This
approach would be more bene.fic4,a:1 to the envlronment,
2. We recommend that all writlaridz impacted by tit.i .l ity
canstrueti_on be re turned to natural soils and. contour-. The
areas should than be planted with an annual omall grain
appropriate for the season wheat., rye., millet) and b(,-,
allowed to revert to natural w tland vegetation. The
utility easements should be maintained only with :3 frequency
to prevent large woody vegetation frcnn beconing established,
3. The disturbed wetlands on lots 6 and 7 need to be restored
to original contour and Qi.ls. The ,: reo should the: be
seeded with an arinual small grain appropriate fr,)x- the season
(e.g., wheat, rye, millet) to 43tabi l i 7e the sc i s . The area
should then be planted wit.h a rdYturki of appr.•opriite wetland
tree species (e.q., Swatnp c,-htn.stnt,t oak, Shum.ard's oak,
Willow oak, black qum). Lots 6 and 7 should be protected
from any further wetland impacts.
4. We recommend that lots, witn wetland-; than are n:,t permitted
for fill by the contractor, havo restricrtions placed on the
deeds to prohibit impacts by this reuzpective ownerk'..
Specific lots include lot 5, 43, 44, 8C, 81, 82, 85, Ile 72,
73, 131, 135, 137, 183, 184, 185
5. we recommend that stormwater manager;,Nn t be i ??c l udeci in the
development.. Using detention and retention ponds, leaving
buffers of natural vegetation al.ung drains, and using
natural swales where possible instead of c.ilrr and gutter
will help replace some water :quality functions last by the
wetland destruction. These techniques wi_11 also dissipate
energy from the runoff; and 'thus, sho tld reduce erosion and
sedimentation and costly repairs due to t resion.
Thank you for the opportunity to rt?view this application and
provide comments. T .f we can be of f iar t.ber a , ?:;i stanc o , contact me
at [phone].
oFA/of_a
cc: Danny Smith; Environmental. Technic:,iarl, OEM
Wayne ,Tones, District. 3 k'ishex•i.er >3ir..' cgist
Mike Scruggs, District 3 Wildlife Siologist
J on11 L)orney t ui>
Planning Branch
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November lb, 1994
Mr. Danny Smith
Raleigh Regional Office
NCDEHNR
3800 Barrett Drive, Suite 101
Raleigh, NC 27609
RE: Haddon Hall
DEM Project No, 94891
Wake County
Dear Mi. Smith:
r

We acknowledge receipt of your letter dated October 17. 1994 and wish to respond to your comments. It is
our understanding that the source of concern was the filling of a dry bed that was once a pond and had been
drained by a previous owner of the property. During the time that Soil and Environmental Consultants
performed their study, the pond existed but that subsequently and under prior ownership, the dike was
breached. 'I esting of this area by our geotechnical consultants after our purchase indicated no, presence of
water or likely wetland conditions that would cause us to believe that wetlands existed. In tact, the area may
have no longer been a wetland. However, because S&EC did not re-evaluate the situation, we can not say for
certain.
Additionally the tour remaining issues or concerns have been addresseu. A deed restriction wilt ue plac6d that
prcthibits respective home owners from additional wetland impacts. This item is currently being addressed as
part of the recorded covenants for the subdivision. A copy of the covenants will be forwarded to your office
for your use once they have been recorded.
The Town of Apex has resolved to provide a "city-owned greenway" as indicated on the site plan. A copy of
this plan is attached for your review and records.
In addition, site plans addressing the stormwater controls are also attached for your review.
It certainly has not been our intent to knowingly violate or circumvent rites and regulations regarding water
qualily We do, however, apologize for any inconvenience that this matter may have caused. Should you have
any questions in reference to this project, please do not hesitate to call.
Sincerely,
??? ?t.?sC,a.,7 4
Arthur Steckler
cc: Kevin Martin, S&EC
c:%wp%-pd-\hadd-%NCUEHNR 11 A
'FCiTHL P.1711
Name of evaluator
feet
? Hydrologically Isolated

Wetland type (select one) ? Other
' ? Swamp forest ? Shoreline •
.dBotto ' land hardwood forest ? Brackish marsh
• ? Carolir,a bay ? Freshwater marsh
? Pocosin ? Bog/Fen •
? Pine savannah ? Ephemeral wetland
° ? Wet flat •
The rating system cannot be applied to salt mars hes.
Viater storage sum •
Bank/Shoreline stabilization x 4.00 -
PoCjtant removal

Sensitive watershed

Travel corridor !L
:< x 1.50.
K erlnnd score.
Special ecological attributes •
`Vildlife habitat !
Z
Z x 1.50 =
AgLatic life value --
? •
Recreation/Education

Economic value x0.25= •
.
0 0 0 . 0 0 • • 0 0 *a . . . . . • . . • . . O . • • • • • . • 0 . • . • . • . . • . 6600066900900
Project n I la
('niinllr
Name of evaluator
Wetland area v acres Wetland wi -th' feel
Date
,
e (select one)
Wetland t U Other
yp
U Swamp forest ? Shoreline •
? Bottomland hardwood forest ? Brackish marsh
? Carolina bay ? Freshwater marsh
Pocosin ? Bo /Fen •
? Pine savannah ? Ephemeral wetland
? Wet flat °
The rating system cannot be applied to salt marshes.
SUM
Water storage
Bank/Shoreline stabilization- 4.00 = ?? •
Pollutant removal ___- _-
e
35M
Sensitive watershed
x 1.50 -
°
Yt'erlnnd score.
Travel corridor

Special ecological attributes
Wildlife habitat x 1.50
Aquatic life value 2 °
°
Z °
Recreation/Education _
x0.2S-
w •
•
Economic value -
°
e
0 0 0 0 0 0 9 . 0 0 0 0 0 . 0 0 0 0 0 0 0 0 0 a . 0 0 0 . 0 0 • 0 . 9 • 0 0 . 0 . 0 0 0 0 0 0 . 0 0 0 0 . 0 9 0 0
J
? Hydrologically isolated
State of North Carolina
Department of Environme
Health and Natural Resour ?I ' ? • ?
Raleigh Regional Office L,
James B. Hunt, Governor p FE H N F=1
Jonathan B. Howes, , Secretary
Boyce A. Hudson, Regional Manager
Division of Environmental Management
October 17, 1994
RETURN RECEIPT
REQUESTED
Mr. Arthur Steckler.
100 Chalon Dr.
Cary, North Carolina 27511
Subject: Notice of Violation
401 Water Quality Certification
HADDEN HALL
DEM Project No.94891
Wake County
Dear Mr. Steckler:
The Wetlands Group received an application for a 401 Water
Quality Certification for the subject project on September 22,
1994. The application requested certification for Nation Wide (N1a')
Permits 12, 14, and 26, for a total impact to 2.69 acres of waters
and wetlands for the development of a residential subdivision.
Mr. Danny Smith of the Raleigh regional Office met with Soil
and Environmental Consultants, Inc. (S&EC), on October 10, 1994, to
evaluate the proposed impacts requested in this application. At
the time of the inspection Mr. Smith observed that greater than a
1/3 of an acre of impacts to waters and wetlands had been completed
prior to receipt of the subject Water Quality Certification.
The 401 Water Quality Certification (WQC) is required by
Section 401 of the Clean Water Act for any activity that requires
a Section 404 permit. The WQC is a determination by the Division
that state water quality standards will not be violated by the
proposed activity. Due to the fact that the waters and wetlands
had been impacted, Mr. Smith was unable to fully evaluate the
wetlands and determine if water quality standards would be
protected. Therefore, you are hereby notified that you are in
violation of 15A 2H .0500. All work which impacts waters and
wetlands should immediately cease.
Please submit a written response to this Notice of Violation
by November 15, 1994. This response should include a detailed
explanation regarding the cause and extent of the fill prior to the
401 Certification. Please note that this and other violations of
3800 Barrett Drive, Suite 101, Raleigh, North Carolina 27609 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Notice of Violation
Page -2-
15A NCAC 2H .0500 can result in the assessment of civil penalties.
In addition to the aforementioned response, please address the
following issues or concerns noted below:
-As per your permit application, you have requested 0.90 acres
under a Nation Wide 12 (utility easements). Therefore,
impacts to wetlands (as noted on your site plan) are only
permitted for utility line easements, which are required to be
returned to grade after construction is completed. No
additional impacts to wetlands in these areas are approved and
no additional wetland impacts have been requested. As a
result, this office will require a deed restriction that
prohibits respective home owners from additional wetland
impacts.
-Lots which house wetlands that have not been proposed to be
impacted under NW 26, NW 12 or NW 14 should be avoided. A
deed restriction prohibiting respective home owners from
impacting these wetlands will also be required. Please supply
this office with written conformation of deed restrictions,
and a site map with corresponding lot numbers.
-Please provide written confirmation by Town of Apex that
communicates their resolve to provide a conservation easement
or "city owned green-way" as indicated on the site plan.
-No information addressing stormwater controls was observed
in the subject site plans. If these plans are available,
please provide information that explains the location and
placement of stormwater outfalls (this should include the
presence of velocity dissipaters, etc.).
Your 401 Water Quality Certification is currently on hold.
This office will proceed with review of this project once the above
information has been received. If you have any questions
concerning this letter, please contact Mr. Danny Smith at (919)
571-4700.
Sincer y,
/1?Aen-nWetS-ch-?uLster, P.E.
Regional Supervisor
/ds
cc: Town of Apex - Timothy Donnelly
John Holley - Land Management
Wetlands Group- soils and Environmental consultants, Inc.
Wetlands Group - U. S. Army Corps of Engineers
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