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HomeMy WebLinkAbout20141310 Ver 2_USACE Correspondence_20210706Strickland, Bev From: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2@usace.army.mil> Sent: Tuesday, July 6, 2021 6:42 AM To: Pete Goria Cc: Patrick Smith; Alexander Elkan; Homewood, Sue; Buddy Seymour Subject: [External] Enforcement Closure: McConnell Center- Lot 9, McLeansville, Guilford County; SAW-2018-02038 Attachments: 2018-02038 Closure Letter.pdf Follow Up Flag: Follow up Flag Status: Flagged CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Mr. Goria, Please see the attached letter closing out our enforcement action at the above referenced property. As we have discussed, please note that monitoring of the restored wetland is still required per Special Condition 3 of the Nationwide Permit 39 verification dated April 21, 2020. Thank you again for your cooperation, and please let me know if you have any questions. 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 Office: (919) 554-4884, Ext. 30. Mobile: (919) 817-2436 Fax: (919) 562-0421 Email: David.E.Bailey2@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: https://regulatory.ops.usace.army.mil/customer-service-survey/ Thank you for taking the time to visit this site and complete the survey. 1 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 July 2, 2021 Regulatory Division/1200A Action ID: SAW-2018-02038 Mr. Pete Goria and Ms. Carolyn E. Goria Goria Youngs Mill, LLC & Gladys M. Sears Revocable Trust Post Office Box 39 McLeansville, North Carolina 27301 Dear Mr. and Ms. Goria: Please reference the notification issued to you on October 25, 2018, regarding the unauthorized discharge of fill material into waters of the United States, specifically an unnamed tributary to Little Alamance Creek and adjacent wetlands, on your property located on the south side of 1-40/85, between the western terminus of McConnell Center Drive and Youngs Mill Road, in Greensboro, Guilford County, North Carolina (PIN: 7894101021). Please also reference the various subsequent email correspondence, Nationwide Permit 39 verified for use after -the -fact on April 21, 2020, the associated compensatory mitigation requirement satisfied on May 14, 2020, as well as successful restoration of remaining impacted wetland areas confirmed via email on June 25, 2021. Based upon the above, it is my opinion that you have satisfactorily completed all remedial actions requested of you. Accordingly, no further legal action will be taken in this matter and we consider the case closed. Please note, however, that monitoring of the restored wetland is still required per Special Condition 3 of the above referenced Nationwide Permit 39 verification. Further, you must continue to comply with all terms and conditions and special conditions of the Nationwide Permit 39 verification. Please be cautioned that the Corps may consider any future unauthorized work of similar nature in waters of the US a willful and intentional violation of Federal law and may result in immediate referral of the matter to the US Attorney or the U.S. Environmental Protection Agency with recommendation forcivil and/or criminal prosecution. - 2 - Thank you for your time and cooperation in resolving this matter of importance. If you have any questions, please contact Mr. Bailey at the Raleigh Regulatory Field Office, telephone (919) 554-4884 extension 30, or email David. E. Bailey2p_usace.arm y. m il. Sincerely, Jean Gibby Chief, Raleigh Regulatory Field Office Copy Furnished: Mr. Matthew G.T. Martin U. S. Attorney Middle District of North Carolina 101 South Edgeworth Street, 4th Floor Greensboro, North Carolina 27401 Ms. Jeaneanne Gettle, Director U.S. Environmental Protection Agency, Region 4 Water Division Wetlands Regulatory Section 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Patrick K. Smith, PE, LEED®AP Soil & Environmental Consultants, PA North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, North Carolina 27615 Mr. Alexander Elkan Brooks Pierce 2000 Renaissance Plaza 230 North Elm Street Greensboro, North Carolina 27401 Mr. Buddy Seymour AIROG McConnell, LLC - 3 - Post Office Box 39 McLeansville, North Carolina 27301 Ms. Sue Homewood Division of Water Resources North Carolina Department of Environmental Quality 450 West Hanes Mill Road, Suite 300 Winston-Salem, North Carolina 27105 Blind Copies Furnished: Crum ley/RG Pruitt/OC