20051986 Ver 3_USACE Correspondence_20090628

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF
June 25, 2010
Regulatory Division
Action ID. 200900106
DS - 9?1o 03
` oq
pAae??
?c?
JUN 2 8 2010
W E UM 00 MWMM VAK K
Mr. H. Brantley Powell
HBP Properties, LLC
Post Office Box 5365
Cary, North Carolina 27512
Dear Mr. Powell:
This refers to a recent site meeting between you, Mr. Monte Matthews of the U.S Army Corps
of Engineers (Corps), Mr. Martin Richmond of the NC Department of Environment and Natural
Resources, and Ms. Jennifer Burdette on June 25, 2010, on property you are developing called
Legend Oaks Subdivision, located north of Lystra Road and east of US Highway 151501 near
Chapel Hill, Chatham County, North Carolina. The purpose of the site meeting was to evaluate a
potential violation of your DA permit, issued for the construction of this subdivision.
The 2010 site visit revealed that approximately 39 linear feet of jurisdictional stream channel
had been impacted beyond your permit area to facilitate the construction of a residential driveway.
This activity is considered a violation of Section 301 of the Clean Water Act and also a violation of
the permit conditions of your 404 permit. At the time of the site visit, you indicated that no further
work would occur in waters of the U.S. until the violation is resolved. The Corps agrees that this is
a necessary step that would help in the overall remediation process.
Please provide a formal response to this letter indicating when the violation was completed,
the reasons for the violation, and the remediation steps proposed. Removal of the fill and
restoration of the stream or the completion of a permit modification would act as remediation of the
Section 301 violation. Submit your response on or before July 30, 2010, and note that any permit
modification request must include all anticipated changes associated with your project.
Please be reminded that no new impacts within wetlands or waters can occur on your property
until this matter is resolved. Such work, without authorization by a DA permit, may result in
referral of this matter to the U.S. Attorney for appropriate action.
- 2 -
Please contact Mr. Matthews at telephone [phone] ext 30, if you have any questions
regarding this letter or the actions required on your part to resolve this violation.
Sincerely,
'kc'Jefferson M. Ryscavage
Colonel, U.S. Army
District Commander
Copies Furnished:
Mr. Ian McMillan
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetlands/401 Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Mr. Martin Richmond
North Carolina Department of Environment
and Natural Resources
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
Mr. Justin McCorcle
Assistant District Council
Wilmington District
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
- 3 -
Ms. Jennifer Burdette
Burdette Land Consulting
10212 Creedmoor Road
Raleigh, NC 27615
Ms. Molly Davis
Wetlands Enforcement Branch
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303