SAW-2023-01887 CL 84 Unauthorized Activity Letter

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
December 7, 2023
Regulatory Division
Action ID: SAW-2023-01887
Golden Leaf, LLC
Attn: Don Byrd
6030 Benson-Hardee Road
Benson, North Carolina 27504
Dear Mr. Byrd:
This correspondence confirms your October 25, 2023, onsite meeting with Mr.
Matthew Martin of the Corps of Engineers, Wilmington District (Corps) and your agent
Mr. Adam Carter of Wetland Solutions, LLC, on your property located on the north side
of Old Lee Road, approximately 750 feet from its intersection with NC-50, near Willow
Springs, in Johnston County, North Carolina. The purpose of the meeting was to attend
a requested meeting to evaluate the delineation of potential waters of the US for your
property.
My staff’s inspection during the onsite meeting revealed that you are responsible
for the unauthorized discharge of dredged or fill material within wetlands subject to our
regulatory jurisdiction located adjacent to an unnamed tributary (UT) to Middle Creek.
This activity included placing several vertical feet of fill material, grading, and installing
infrastructure for a residential development on the subject property between September
2022 and May 2023. Based on a wetland and stream delineation performed by Mr.
Carter, it appears that at least 1.17 acres of wetlands have been impacted. This activity,
undertaken in waters of the United States without the prior approval from this office in
the form of a Department of the Army (DA) permit, constitutes a violation of Section 301
of the Clean Water Act (33 USC 1311).
By copy of this letter, you are hereby requested to cease and desist from any
further unauthorized work within waters of the United States, including wetlands. You
are also requested to take the following actions to resolve this matter:
1. Revisions are required to the wetland restoration plan submitted by Mr. Carter
on November 14, 2023, including the following:
a.It does not appear that the area encompassing the entrance road to the
proposed development was included in the delineation evaluation. Within this
area, shown on the attached map as “Further Investigation Needed”, complete a
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wetland delineation using atypical situation methodology. Provide an updated map
showing depth of fill and extent of impacted wetlands and other potential waters of
the US accordingly and update the wetland restoration plan to include the footprint
of any unauthorized discharges of dredged or fill material within this area.

b. Provide a plan to ensure that soils in the wetland restoration areas are suitable
for wetland plant germination and growth;

c Provide a detailed planting plan including the wetland seed mixes proposed for
use;

2. Provide the revised wetland restoration plan to the Corps for review and
approval;

3. Within 30 days of Corps approval, execute the activities proposed in the revised
restoration plan;

4. Within 7 days of completion, schedule a post-restoration field visit with the Corps
to ensure restorative efforts are complete and satisfactory.

Failure to comply with this request may result in referral of this matter to the United
States Attorney with a recommendation for appropriate action.

Thank you for your time and cooperation in resolving this matter of importance. If
you have any questions, please contact Mr. Martin of my staff at [phone], or
email [e-mail].

FOR THE DISTRICT ENGINEER,

Brad A. Morgan
Colonel, U.S. Army
District Commander

E-Copies Furnished w/ Attachments:

U. S. Attorney
Eastern District of North Carolina
Attn: Michael F. Easley, Jr.
[e-mail]

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U.S. Environmental Protection Agency, Region 4
Enforcement and Compliance Assurance Division
Attn: Christopher Parker
[e-mail]

U.S. Environmental Protection Agency, Region 4
Enforcement and Compliance Assurance Division
Attn: Ahmad Dromgoole
[e-mail]

Division of Water Resources
North Carolina Department of Environmental Quality
Attn: Zach Thomas
[e-mail]

Johnston County Public Utilities
Attn: Charles Pender
[e-mail]

Wetland Solutions, LLC
Attn: Adam Carter
[e-mail]

Blind Copies Furnished:
Crumbley/RG
Pruitt/OC