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Home My WebLink About20200588 Ver 1_SAW-2019-02248 Unauthorized Activity_20191205DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 December 5, 2019 Regulatory Division SAW-2019-02248 Mr. John Meshad 1417 Kimlira Lane Sarasota, Florida 34231 Mr. Larry Rogers Larry Rogers Construction Company 776 Dillard Road Highlands, North Carolina 28741 Dear Sirs: On November 21, 2019, the North Carolina Department of Environmental Quality, Division of Water Resources (DWR), issued a notice of violation (NOV-2019-CV-0009) for clearing and grading activities associated with construction of a pond at Mr. Meshad's property (PIN 7541-75-3732) located off Norton Ridge Road, approximately 0.2 miles north of the intersection of Norton Ridge Road and Shortoff Road, in Highlands, Macon County, North Carolina. Coordinates are 35.09434, -83.18893. Staff from our Asheville Regulatory Field Office (Corps) contacted Mr. Andrew Moore, DWR, and Mr. Joe Allen, Macon County Planning, Permit, and Development Department, as part of our effort to determine whether or not the pond construction involved a violation of the Clean Water Act (CWA) under the Department of Army's (DA) authority. The U.S. Army Corps of Engineers administers Section 404 of the CWA. Under Section 404 of the CWA, a DA permit is required for the discharge of dredged or fill material into waters of the United States (wetlands, streams, lakes, and marine waters). Based on the information obtained thus far in our investigation, fill has been placed in waters of U.S. (WoUS) as a result of the pond construction without authorization from the DA. The activities were conducted by Larry Rogers Construction Company, as directed by Mr. Meshad. This 5.47-acre residential property includes unnamed tributaries (UTs) of Norton Prong and a portion of Norton Prong which is classified as a perennial stream that flows into Big Creek and ultimately into the Little Tennessee River. Aerial imagery of the site and other Geographic Information System (GIS) data -2- layers depict an open water impoundment of an UT and possible wetlands on the property. The Corps has initially determined that 200-300 linear feet of streams, open waters, and potentially some wetlands were graded and filled to construct the pond. These activities, undertaken in WoUS without the prior approval from this office in the form of a Department of the Army (DA) permit, constitutes violations of Section 301 of the Clean Water Act (33 USC 1311). By copy of this letter, you should cease and desist from any further unauthorized work within WoUS, including wetlands. In order to determine the appropriate course of action in this matter, we request that you provide the following information in writing no later than December 20, 2019: A detailed accounting of all grading, filling, flooding, and/or mechanized land clearing that has occurred in WoUS at the property during the last 24 months. This accounting must disclose in detail the length and/or area of WoUS affected by grading, filling, mechanized land clearing, and/or flooding, the date the work was conducted, the name and current address of the person(s) who conducted the work and the purpose of the work. 2. A statement regarding your intention to resolve this matter either through full restoration of the impacted stream, wetlands, and open waters or after -the -fact permitting, or a combination of permitting and restoration. Do note, activities conducted in areas outside of the DA jurisdiction and the unauthorized activities conducted within WoUS at the property does not imply that the Corps will necessarily approve the impacts to WoUS noted in this document or any future proposal to impact WoUS on this property. Failure to comply with this request may result in referral of this matter to the United States Attorney with a recommendation for appropriate action. If you have any questions regarding this notice, please contact Mr. David Brown by telephone at 828-271-7980, ext. 4232 or by e-mail at david.w.brown Ca).usace.army.mi1. FOR THE COMMANDER Scott Jones, PWS Chief Asheville/Charlotte Regulatory Field Offices -3- cc: Mr. R. Andrew Murray, U.S. Attorney Western District of North Carolina 227 West Trade Street, Suite 1650 Charlotte, North Carolina, 28202 Mr. Christopher Parker, Soil Scientist Enforcement and Compliance Assurance Division Surface Water and Groundwater Section U.S. Environmental Protection Agency - Region IV 61 Forsyth Street SW Atlanta, Georgia 30303-8960 Mr. Andrew Moore North Carolina Division of Water Resources Swannanoa Regional Office 2090 U.S. Highway 70 Swannanoa, North Carolina 28778 Ms. Andrea Leslie North Carolina Wildlife Resources Commission 645 Fish Hatchery Road Marion, North Carolina 28752 Mr. Joe Allen Macon County - Planning, Permit, and Development Department Human Services Building 1834 Lakeside Drive Franklin, North Carolina 28734