20060352 Ver 2_Other Agency Comments_20110118

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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:
January 3, 2011
Regulatory Division
Action ID. 200520827, 200633159, and 200620668
Wakefield Development Company
Attn: Mr. Tommy Morgan
3209 Gresham Lake Road, Suite 160
Raleigh, North Carolina 27615
Dear Mr. Morgan:

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Please reference a site meeting in April 2010, at the project identified as Twelve Oaks in
Holly Springs, Wake County, North Carolina. This purpose of the meeting was to inspect the
project for compliance with the Department of the Army (DA) permit issued for impacts to
aquatic features. The findings from this meeting confirmed permit violations at Impact Areas #7,
8, 13, 18, 19, 24, 23, and failure to properly provide a copy of the recorded preservation area.
Because these issues were in conflict with the above mentioned permit, the project was
considered in violation of Section 404 of the Clean WaterAct until remediation and/or
permitting could bring the project into compliance. As such, a Notification of Permit
Noncompliance was issued on April 12, 2010, for the issues stated above.
Proposed restoration techniques have been detailed in correspondence dated July 20, 2010,
from Soil & Environmental Consultants. It is the determination of the Corps of Engineers
(Corps) that the actions detailed within this document will bring the project into compliance.
Therefore, this enforcement action authorizes impacts to jurisdictional waters as described within
the July 20'h restoration document. Please contact this office when the restoration work is
complete so that a compliance inspection can take place.
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. Gibby
Chief, Raleigh Regulatory
Field Office
Copy Furnished:
Ms. Nicole Thomson
Soil &Environmental Consultants
11010 Raven Ridge Road
Raleigh, NC 27614