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HomeMy WebLinkAbout20080499 Ver 3_USACE Closeout letter_20210907DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 September 7, 2021 Regulatory Division Action ID: SAW-2013-00556 Mr. Brian Hall TDO Land Holding, LLC 309 Gallimore Dairy Road, Suite 102 Greensboro, North Carolina 27409 Dear Mr. Hall: Please reference the notification issued to you on September 28, 2017, for activities you undertook that were determined to be in noncompliance with the Department of the Army (DA) permit (SAW-2013-00556) authorizing discharges of dredged or fill material into waters of the US associated with construction of phase II of Triad Business Park and associated infrastructure. Specifically, the property is located on Old Greensboro Road, along an unnamed tributary to West Fork Deep River and adjacent wetlands, in Kernersville, in Guilford County, North Carolina. Also reference our follow-up letter to you dated December 19, 2017, agreeing with your plan to resolve these noncompliance issues. Further reference the stream and wetland restoration monitoring reports submitted by your agent, Pilot Environmental, Inc., on January 8, 2020, and June 18, 2021. The purpose of this correspondence is to inform you that on August 17, 2021, Mr. David E. Bailey of my staff conducted a final inspection of your stream and wetland restoration work. Based upon Mr. Bailey's inspection, as well as the amended declaration of restrictions language and conservation area map recorded on October 18, 2019, 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. Note that you must continue to comply with all terms and conditions and special conditions of the DA permit for all phases of the Triad Business Park development and associated infrastructure. 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 for civil 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.Bailey2@usace.army.mil. Sincerely, ye,6ff Jean B. Gibby Chief, Raleigh Regulatory Field Office Copies Furnished: Mr. Brad Luckey Pilot Environmental, Inc. Post Office Box 128 Kernersville, North Carolina 27285 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 Mr. Matthew G.T. Martin U. S. Attorney Middle District of North Carolina 101 South Edgeworth Street, 4th Floor Greensboro, North Carolina 27401 Jeaneanne Gettle, Director U.S. Environmental Protection Agency, Region 4 Water Division Wetlands Regulatory Section 61 Forsyth Street, SW Atlanta, Georgia 30303 -3- Blind Copies Furnished: Crum bley/RG Pruitt/OC