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