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