19960722 Ver 1_Buffer Determination_20140801

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. SAW- 2014 -01323
COPY
County Wake
NOTIFICATION OF UNAUTHORIZED ACTIVITY
Property Owner: Sandler at Olde Stage, LLC/Wakefield Development Company
Kem Ard
Address: 3100 Smoketree Court, Suite 210
Raleigh, North Carolina 27604 t "'
Telephone Number: 919 -556 -4310
. h Regional Office
Size (acres) 0.68 Nearest Town Garner NC DEINR RalE
Nearest Waterway Swift Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.6717
Longitude: - 78.6594
Size and Location of Property: The unauthorized work in waters of the United States occurred on lots 382 and 388 of Eagle Ridge
residential subdivision in Garner, Wake County, North Carolina. PINS: 1609098978 and 169191740.
Description of Unauthorized Activity: On May 1, 2014 our office conducted an onsite inspection of the above referenced parcels
with Ms. Sara Knies of the North Carolina Division of Water Resources and Mr. Robert Shank and Mr. Jon Frandsen of Dan
Ryan Builders — North Carolina, LLC. Ms. Knies asked our office to inspect what she believed to be an unauthorized
discharge of dredged and /or fill in waters of the United States. During our site inspection we concluded that an unauthorized
discharge in waters of the United States had occurred on the subiect parcels. The unauthorized work included the grading
and filling of streams and wetlands to facilitate lot preparation associated with the construction of single family homes.
According to Mr. Shank, a delineation of waters of the United States was approved by our office in 2006 but it did not identify
waters within the subiect parcels. A search of our records has revealed that the delineation approved in 2006 identified
multiple areas of streams and wetlands within the above referenced parcels.
The following actions and authorities apply:
X Unauthorized Activity River & Harbor Act, Section 10 (33 USC 403)
Noncompliance with Permit X Clean Water Act, Section 301 (33 USC 1311)
Unless you have a Department of the Army permit for the above- described activity, it is a violation of federal law as specified above. You
are directed to do no further work in waters or wetlands without the required Department of the Army permit. Any fiuther unauthorized
work in waters or wetlands will be considered an intentional violation of federal law.
If you continue to work in waters and wetlands without the required authorization, and/or fail to perform the requested remedial action, the
Corps will take further administrative action, and may request the U.S. Attorney to file suit against you. If you need further information
about the Corps of Engineers regulatory program, please contact me at (919) -554 -4884 Ext 31.
Remedial Action Requested: You are hereby directed to place survey stakes and /or flags at the boundaries of all wetlands and
streams identified in the enclosed survey plat. You are directed to prepare a written report to include a written description,
maps, and photographs that document in detail the extent with which fill was placed in waters of the United States on the
above referenced parcels without authorization from our office. This report must be submitted within 45 days from the date of
this correspondence. Once the report is submitted we will contact you to schedule an onsite inspection and determine how we
will proceed with resolving this enforcement case. Failure to comply with this directive may result in referral to the United
States Attorney with a recommendation for civil prosecution or to the United States Environmental Protection Agency with a
recommendation for administrative penalties.

If you have any questions reeardine this notification or the Corps of Engineers reeulatory program, please contact David L.
Shaeffer by telephone at 919 -554 -4884 ext. 31 or by e-mail at david .l.shaeffer(i�usace.army.mil.
Your signature acknowledges receipt of this notification.
Property Owner/Responsible Party Signature
Project Manager Signature Q�-> a 1R—
Date T�7 Ig
Copy furnished:
Robert Shank, Dan Ryan Builders, 3131 RDU Center Drive, Suite 120, Morrisville, North Carolina 27560
James A. Spangler, Spangler Environmental, Incorporated, 4338 Bland Road, Raleigh, North Carolina 27609
Tony Chalk, Town of Gamer, 900 7th Avenue, Garner, North Carolina 27529
Danny Smith, Water Quality Program Supervisor, North Carolina Division of Water Resources, Raleigh Regional Office, 1628 Mail
Service Center, Raleigh, North Carolina 27699
Daniel M. Ryan, Dan Ryan Builders - North Carolina, LLC, 64 Thomas Johnson Drive, Suite 110, Frederick, Maryland 21702
Thomas G. Walker, US Attorney, Eastern District of North Carolina, 310 New Bem Avenue Suite 800, Terry Sanford Federal
Building & US Courthouse, Raleigh, North Carolina 27601
Ms. Molly Davis, Chief, Wetlands Enforcement Section, Water Protection Division, Clean Water Enforcement Branch
U.S. Environmental Protection Agency, 61 Forsyth Street, SW Atlanta, Georgia 30303