19961165 Ver 1_Complete File_19980609

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
1 11kT1?WA •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 9, 1998
DWQ# 961165
Mr. Mike Lallier
4500 Raeford Road
Fayetteville, NC 28304
SUBJECT: COMPLIANCE EVALUATION INSPECTION
Lallier Subdivision
Cumberland County
Dear Mr. Lallier:
On January 6, 1997 you were issued General Water Quality Certification Number 2671 authorizing
you to impact 0.30 acres of wetlands or waters for the purposes of developing a residential subdivision at
Skye Place in Fayetteville. As part of this certification, you were required to place deed restrictions or
conservation easements on remaining lots to prevent future impacts.
On June 4, 1998, as part of an ongoing compliance and enforcement program for the 401 Water
Quality Certification Program, Mr. Ken Averitte of the North Carolina Division of Water Quality's
(NCDWQ) Fayetteville Regional Office and Mr. Eric Fleek from NCDWQ's Central Office conducted a
compliance evaluation inspection at the above referenced site. As a result of this inspection, it has been
determined that you are currently in compliance with your 401 Water Quality Certification. Future
compliance inspections will be made as development continues at this site.
In addition to the aforementioned, it appeared that the necessary sediment and erosion control
measures had not been installed at this site. It is recommended that you contact Mr. Dennis Shackleford of
the N.C. Division of Land Quality at [phone] to discuss this matter further. Additionally, please find
enclosed the necessary deed restriction/conservation easement forms. These forms should be filled out and
returned to me at the address on the letterhead.
If you should have any questions regarding this matter please feel free to contact me at (919) 733-
1786 or via e-mail at [e-mail]
Sincerely,
D < CC S
Eric D. Fleek
Water Quality Certification Program
Cc: Ken Averitte, NCDWQ Fayetteville Regional Office
Dennis Shackelford, N.C. Division of Land Quality
Allen Davis, USACOE, Wilmington Field Office
Kathy Matthews, USEPA
Kevin Maritn, S&EC
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
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
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
?A'4
C) F= F1
January 6, 1997
Cumberland County
DWQ Project # 961165
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Mike Lallier
4500 Raeford Road
Fayetteville, NC 28304
Dear Mr. Lallier:
You have our approval to place fill material in 0.30 acres of wetlands or waters for the purpose of
constructing a residential subdivision (tallier subdivision) at Skye Place in Fayetteville, as you described in
your application dated 18 December 1996. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 2671. This certification allows you to use
Nationwide Permit Number 26 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions listed
below. Deed restriction or conservation easements must be added to all lots with remaining jurisdiciation
wetlands to prevent future fill. In addition, you should get any other federal, state or local permits before you
go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater,
Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying
404 or CAMA permit expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
Pr In Howard, Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files
Kevin Martin; Soil and Environmental Consultants
961165.Itr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
CEIVED 401 ISSUED
A 2 0 199
December 18,1996
ENMNMENTAL SCIGNCE8
US Army Corps of Engineers - Regulatory NCDEH-DWQ
Attn: Mr. Jeff Richter Attn: Mr. John Dorney
69 Darlington Avenue 4401 Reedy Creek Road
Wilmington, NC 28403 Raleigh, NC 27607
Re: Wetland Situation - Lallier Subdivision N?
Dear Mr. Richter and Mr. Dorney:
The property was traversed on foot and the soils, vegetation and hydrology
evaluated and wetland areas examined by current procedures described in the
1987 Corps Manual for Identifying and Delineating Wetlands.
We performed this evaluation utilizing current 1987 "rules".
We have determined that the only jurisdictional areas currently on the property
are unvegetated channels and narrow vegetated wetland pockets along
drainageways (see attached map). No wetlands or Waters of the U.S. were
found anywhere else on the tract.
Findings
The site was closely evaluated for evidence of hydrology and vegetation. In this
area, the hydrologic proof would be in the existence of hydric soils, of oxidized
root channels in the upper 12 inches of the "A" horizon, water borne deposits,
drift lines, scour marks, regional indicators of soil saturation, etc.
All vegetated wetlands on-site are "above headwaters. Data sheets and a
vicinity map are enclosed.
It will be necessary to impact 0.30 acres or less of wetlands and jurisdictional
"Waters of the U.S." above headwaters to develop the project in Cumberland
County according to the current site plan (see attached). All of the jurisdictional
area is comprised of a stream channel or small headwater forest pockets. The
small amount of impact makes it presumably not necessary to notify NC
Department of Cultural Resources, National Marine Fisheries or US Fish and
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
Wildlife Service. However, it is customary for S&EC to notify the Corps and
DEM of our intent to utilize a Nationwide Permit 26 as a professional courtesy.
Please provide us with a written confirmation that we qualify for use of
Nationwide 26 and a 401 Water Quality Certification.
Please call if you have any 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,
A" c
Kevin C. Martin
President
Note: Agent Authorization Form with owner's name is attached. Wetlands
flagging was located by Moorman, Kizer & Reitzel.
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DEC-18-1996 16:03 FROM TO KEVIN MARTIN P.92
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Delineation Performed by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road `
Raleigh, NC 27609 U D ,?_
Ph: 919/846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987dCOE Weil and Delineation Manual)
Project/Site: ?\?\eC _SM,,\,j \114 Y\ _ Date:
Applicant/Owner:c-tL?CA)e( County:
Investigator: State:
Do Normal Circumstances exist on the site? (9 No Community ID:
Is the site significantly disturbed
(Atypical Situation)? Yes Transect ID:
Is the area a potential Problem Area? Yes o Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator
1 ?, acvcas a\?et r.c_?
2. IP i N k S 'fir. e_cltw
3.11r-x 6??o_co. Au_6 f C -
4.
5. -
6.
7.
Dominant Plant Species Stratum Indicator
10.
11.
12.___
13.
14.
15..---
16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-). L O -,) h
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks)
Stxeam, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field 0I)servations:
Depth b) Surface Water: _ (in.
I )epth to Fred Water in Pit: -?, (in.)
I )epth to Saturated Soil: -7 ?- ? (nl )
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
-Saturated in Upper 12 inches
_ .Water Marks
_.--Drift lines
Sedirnent Deposits
_ -Drainage Pattzrits in Wetlands
Secorndarv Indicators (2 or more required):
__-Oxidized Root Channels ui
upper 12 inches
Water-';tinned I.elivw,
I"ocalSotl.`?nrvf'V'

SOILS
Map Unit Name
(Series and Phase): 1C;L- T? _ Drainage Class:
1 l Field Observations
Taxonomy(Subgroup):?G1?,?A \ Confirm Mapped Type? es No
Profile Description:
Depth Matrix Color Mottle Colors
(ins Horizon Munsell Moist)
_1_\ - ? _)_ Z , s q
Hydric Soil Indicators:
(Munsell Moist)
J
Mottle
Abundance/ Contrast
Texture, Concretions,
Structure etc.
s- a___
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soil
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
_? a

Wetland Determination
Hydrophytic Vegetation Present? Yes (Circle) Is this Sampling Pouit Within a Wetland?
Wetland Hydrology Present? Yes (Circle)
Hydric Soils Present? Yes o Yes o
Remarks:

Delineation Performed by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road l
Raleigh, NC 27609 `G
Ph: 919/846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetl ds Delineation Manual)
Project/Site: Lo \ 1 e C l O n Date: -??- 1.3
Applicant/Owner:___/? (-C'\ he(' County: \G
Investigator: t r JV?O v? State:
Do Normal Circumstances exist on the site? Yes No Community ID:
Is the site significantly disturbed
(Atypical Situation)? Yes o Transect ID:
Is the area a potential Problem Area? Yes o lot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant S ecies Stratum Indicator Dominant Plant Species Stratum Indicator
1t 1rs? F46-- 9.
2.Ccrci,S L0. Nt ,6- U 10.
1`Ae- - 11.
4.1.1av_?5 12. --
y I 'F4-6 13.
91.-Y4z_ _4?1_-_ 14. - - -----

7.bswwKI 6_w.ornru
0-%- _ -- -

-____--
15.
--- -

8. -
16.
Percent of Dominant Spe cies that are OBL, FAC W or FAC
(excluding FAC-).
--- -
--
Remarks: ------- -- ---
HYDROLOGY
Recorded Data (Describe in Remarks)
-__Stream, Lake, or Tide Gauge
-____Aerial Photographs
Other
---
No Recorded Data Available
Field Observatiortis:
tl y?
Depth 4o Surface Water:
U
Depth to Free Water In Pit: _ 0 (in.)
c?
1)epth to Saturated 1?oIL 13 (in_ )

Wetland Hydrology Indicators:
Primary Indicators:
_-Inundated
--?(--_-_Saturate.d in Upper 12 inches
--Water Marks
--Drift Luies
Sediment Dej)osits
-Y----Drainage PatterrLs ill Wed ild!:
`secondary Indicators (2 or more required):
--_----Oxidized Root Channels ni
upper 12 inches
X Water-titnuted Leavy,
I.o(al
FAQ I?'?utr,?l "I est
X ?thi r(I•t,?;un ?n I'?iii,?il
SOILS
Map Unit Name
(Series and Phase): A--C3 !? O c? 'lam s `? Drainage Class: V?1J
-5? Field Observations
Taxonomy(Subgroup): ?1?1? y`^G2 CI u? {1 I Confirm POiawd Type. Ye No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(ins Horizon (Mansell Moist (Mansell Moist) Abundance/Contrast Structure etc.A
A
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon -(High Organic Content in Surface Layer in Sandy Soil
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime _'*Y--Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
--?-Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:

Wetland Determination
Hydrophytic Vegetation Present? s No (Circle) Is this Sampling Pout Withal a Wetland?
Wetland Hydrology Present? No ircle)
Hydric Soils Present? Yes No 1Te No
Remarks: ---
-- ----- _ .__ \? e, ce _C_c