20051986 Ver 4_USACE Correspondence_20100907

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF
Regulatory Division
Action ID: 2009-00106
Mr. H. Brantley Powell
HBP Properties, LLC
Post Office Box 5365
Cary, North Carolina 27512
Dear Mr. Powell:
September 2, 2010
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Please reference a site meeting 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
violation of your DA permit, issued for the construction of this subdivision. Also reference our
follow-up letter dated June 25, 2010, requesting a formal response to the non-compliance
findings and remediation steps to bring the project into 404 permit compliance.
The requested information has been detailed in correspondence dated July 29, 2010, from
Burdette Land Consulting, Inc. This correspondence describes the small amount of impact and
the potential that another party was responsible for the placement of the fill. After fully
considering this information and the data from the field visit, it is the determination of the Corps
that no further enforcement action is warranted for the impact of 39 linear feet of intermittent
stream channel within the driveway of lot #45 of the Legend Oaks subdivision. No mitigation is
required for the additional impact.
We appreciate your cooperation with this matter. If you have additional comments or
questions, please do not hesitate to contact Mr. Matthews at telephone [phone] x30.
Sincerely,

Jean B. Manuele
Chief Raleigh Regulatory
Field Office
-2-
Copy Furnished:
Mr. Martin Richmond
NC Division of Water Quality
1628 Mail Service Center
Raleigh, NC 27699-1628
Mr. Ian McMillan
NC Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
Ms. Jennifer Burdette
Burdette Land Consulting, Inc.
10212 Creedmoor Road
Raleigh, NC 27615