20191421 Ver 1_Compliance Response_20201009

Strickland, Bev
From: Will Berry <[e-mail]>
Sent: Friday, October 9, 2020 3:00 PM
To: [e-mail]; 'Michael Brame'
Cc: Homewood, Sue; 'Granville'; 'Earl Davis'; 'Gary Swing --Doggett Constructi'
Subject: [External] RE: USACE Compliance Site Visit: Nationwide Permit 29; Boone Meadows -
Ellisboro Road, Stokesdale, Guilforc Co;
Follow Up Flag: Follow up
Flag Status: Flagged
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
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Hi David,
I hope all is well. I'm updating on progress for the requests below.
1. Stabilization of the ditches has been started and should be complete today.
2. The removal of sediment will carry into next week now that stabilization measures are in place.
3. We will be submitting pictures as they come in from the field.
4. All other as -built information is in motion. Surveyor on site next week.
We will continue to be in touch as action is being made.
All the best,
Will
From: Bailey, David E CIV USARMY CESAW (USA) [mailto:[e-mail]]
Sent: Thursday, October 01, 2020 12:56 PM
To: Michael Brame <[e-mail]>; Will Berry <[e-mail]>
Cc: 'sue. homewood @ ncden r.gov' <[e-mail]>
Subject: USACE Compliance Site Visit: Nationwide Permit 29; Boone Meadows - Ellisboro Road, Stokesdale, Guilforc Co;
my
This email is being sent as a follow-up to my compliance site visit on 9/30/2020. 1 reviewed the authorized wetland
crossing locations per our Nationwide Permit (NWP) 29 verification dated 11/13/2019. This email notes my findings,
including required corrective measures (see attached selections from the permitted plans with comments and pictures):
A) The installed culvert measured approximately 73 linear feet, whereas the authorized culvert length based on the
scaled plan is approximately 55 linear feet. This does not appear to comply with the plans authorized by the
NWP 29 verification;
B) A rip rap "donut" is installed on the up -drainage side of the crossing but is not shown on the permitted plans.
This does not appear to comply with the plans authorized by the NWP 29 verification, NWP 29 General
Condition 2, or NWP 29 Regional Condition 3.5.3;

C) Multiple failures of sediment and erosion control devices have allowed between 3 and 24" of construction
sediment runoff to be deposited within approximately 0.2 acre of the wetland up -drainage of the road crossing.
This does not comply with NWP General Conditions 12 or 14.
Within 7 days, complete the following initial corrective measures:
1) Stabilize any unstable slopes in the vicinity of the wetland crossing and repair/maintain any silt fences or other
erosion control devices in the vicinity of wetlands and streams;
2) Remove all sediment deposited within the wetland area up -drainage from the authorized road crossing per the
following:
a. Remove this deposited material down to the natural wetland soil surface using flat shovels, and then
heavy gauge rakes for the last 1" of material. The natural wetland soil surface will be distinguished by a
change to a more dense soil texture and the presence of buried leaves and fine roots. It is understood
that some removal of existing herbaceous and vine species may be required to remove the deposited
sediment down to the natural wetland soil surface;
b. Deposit and stabilize the removed material in uplands;
c. Stabilize disturbed areas on the stream banks with appropriate annual seed and overseed with a
regionally appropriate riparian seed mix;
d. Send pictures of the corrected areas to me via email;
Given that the installed culvert is nearly 20 linear feet longer than the authorized structure, we are concerned that the
road crossing may exceed the authorized permitted limits. As such, in order to insure compliance with the permitted
plans, complete the following within 30 days:
1) Submit an as -built survey of the road crossing overlayed on the approved wetland/stream delineation and
authorized impact limits;
2) If the wetland impact footprint exceeds the authorized wetland impact footprint, then you will be required to
either restore the wetland areas outside of the authorized footprint to the satisfaction of the Corps of Engineers
or submit a request for after -the -fact authorization. Note that, for any impacts requested to be authorized after -
the -fact, you are required to demonstrate avoidance and minimization to the maximum extent practicable
based on the project purpose and need, and potentially provide compensatory mitigation for any lost function
of the aquatic resources.
Lastly, the rip rap "donut" should be left in place until all of the initial corrective measures are complete and the site is
stabilized. However, this structure cannot remain in place permanently as it does not comply with terms and conditions
of the NWP 29 verification as noted in item B) above.
Please let me know if you have any questions or would like to discuss the resolution of the above non-compliance issues
prior to receipt of or forthcoming letter.
Sincerely,
Dave Bailey
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone], Ext. 30.
Fax: [phone]
Email: [e-mail]

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