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HomeMy WebLinkAbout20151089 Ver 1_Correspondence_20171214Regulatory Division/1200A Action ID: SAW -2015-02200 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 Mr. Andrew Dreyfuss Linville Oakridge, LLC 206 North Spruce Street Winston Salem, North Carolina 27101 Dear Mr. Dreyfuss: December 14, 2017 i15-i0'M IAC Department ofEnvironmental QU@Iity Received 1AFT 18 7011 \/Vi nstori-Sa i e ai Regional Please reference our letter to you, dated August 7, 2017, regarding non-compliance with the Nationwide Permit 29 verified for use on April 7, 2016, on property (Linville Ridge residential development) located on the east side of Linville Road, approximately 0.2 mile north of its crossing of the Haw River, in Oak Ridge, Guilford County, North Carolina. Based on a stream and wetland restoration plan and follow-up post -construction photographs submitted by Pilot Environmental, Inc. via email on November 1, 2017, and December 8, 2017, respectively, the U.S. Army Corps of Engineers, Raleigh Regulatory Field Office (Corps) has determined that you have resolved the violations of Section 301 of the Clean Water Act (33 USC 1311) by satisfactorily completing the following measures: 1) removing unauthorized rip rap discharged upstream and downstream of Crossing 2; 2) restoring original grade and contour of the stream and wetland areas using natural channel design principles (i.e. cross vanes); and 3) planting of appropriate wetland/riparian vegetation including wetland seed mix and black willow (Salix nigra) live stakes. Accordingly the Corps will take no further action in this matter and close our file as of the date of this letter. Note that you must continue to comply with all terms and conditions and special conditions of the Nationwide Permit 29, verified for use on April 7, 2016, for all phases of the Linville Ridge residential development. As part of these responsibilities, please continue to monitor the site through the winter and spring to ensure vegetative growth and channel stability. Please be cautioned that the Corps may consider any future unauthorized work of similar nature in waters of the U.S. a willful and intentional violation of Federal law and may result in immediate referral of the matter to the U.S. Attorney or the U.S. Environmental Protection Agency with recommendation for civil and/or criminal prosecution. SM Thank you for your time and cooperation in resolving this matter. If you have any questions or comments in this matter or any future permit inquiries, please contact Mr. David Bailey at (919) 554-4884 extension 30 or David.E.Bailey2@usace.army.mil. Sincerely, Jean B. Gibby Chief, Raleigh Regulatory Field Office Copies Furnished: Mr. David Brame Pilot Environmental, Inc. Post Office Box 128 Kernersville, North Carolina 27285 Mr. Norris Clayton Hugh Creed Associates, Inc., P.A. 1306 West Wendover Avenue Greensboro, North Carolina 27408 Ms. Sue Homewood Division of Water Resources North Carolina Department of Environmental Quality 450 W. Hanes Mill Rd, Suite 300 Winston-Salem, North Carolina 27105