20090735 Ver 1_Other Agency Correspondence_20091028

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: SAW-2008-02360
0° - of 3S
1ADLA (oi-amole
County: Orange
NOTIFICATION OF UNAUTHORIZED ACTIVITY / PERMIT NONCOMPLIANCE
Responsible
Party EYC Investments, LLC
Attn: Mr. Ellis Coleman
Address 8601 Six Forks Road, Suite 250
Raleigh, North Carolina 27615
Telephone Number 919-256-3360
Authorized
Agent Mr. Kevin Yates
John R. McAdams Company, Inc.
Address 2905 Meridian Parkway
Durham, NC 27713
Telephone Number 919-361-5000
Size and Location of Property (waterbody, Highway name/number, town, etc.): Approximately 40.0
acres; Located approximately 75 feet south of the U.S. Highway 70, Gwen Road intersection, in
Hillsborough, Orange County, North Carolina.
Description of Unauthorized Activity / Permit Noncompliance: On October 27, 2009, a compliance
inspection was conducted revealing unauthorized activity in the form of fill and culvert placement.
Unauthorized fill and a culvert were placed in a stream impacting approximately 40 linear feet. Fill was
also placed in another stream channel impacting approximately 40 linear feet and approximately a 0.06
acre area of adjacent wetland. In your application received July 16, 2008 you indicated that the applicant
had utilized a Nationwide Permit 39 for 0.08 acre of wetland fill including two span structures over the
existing stream channels. Our site inspection revealed that the span structures were never installed and
the wetland fill was not placed as indicated in your site plans. Therefore, the fill associated with this
crossing does not have a valid Department of the Army permit.
Indicate Which of the Following Apply:
Unauthorized Activity River and Harbor Act, Section 10 (33 USC 403)
Noncompliance with Permit 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. Any further unauthorized work in waters or wetlands will be considered an intentional
violation of federal law. If you do no further work in waters and wetlands, and perform the remedial action
requested below, the Corps of Engineers will take no further action in this matter. 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 Andrew Williams at 919-554-4884 ext 26 or Steve Kichefski at 919-554-4884 ext 35.
Remedial Action Requested: Remedial action regarding this project has been discussed with Mr. Kevin
Yates of John R. McAdams Company, Inc. The remedial action included removal of the unauthorized
activities including approximately 80 linear feet of fill in two stream channels, fill in an approximately
0.06 acre area of adjacent wetland and the restoration of these areas. If further impacts to these areas due
to future project work is sought then a new permit application will be needed. Please provide a formal
response to this letter, on or before December 1, 2009, indicating when the violation was completed, the
reason(s) for the violation, and the remediation steps proposed.
Your signature acknowledges receipt of this notification. Return a signed copy of this notification to
the Raleigh Regulatory Field Office in the enclosed pre-addressed envelope.
Property Owner / Responsible Party Signature /
Regulatory Project Manager Signature
ihJ
Date o29 Ocf s Z- , a d 9
WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CF:
Lauren Witherspoon
Environmental Senior Specialist
North Carolina Department of Natural Resources
Division of Water Quality
3800 Barrett Drive
Raleigh, North Carolina 27609
Ian McMillian
North Carolina Department of Environment and Natural Resources
Division of Water Quality 401 Unit
2321 Crabtree Blvd.
Raleigh, North Carolina 27604