20200820 Ver 1_USACE Noncompliance Report_20220513

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01090 County: Guilford U.S.G.S. Quad: NC-Summertield
NOTIFICATION OF PERMIT NONCOMPLIANCE
Responsible Party: Oak Ridge Landing Partners, LLC
Attn: Amanda Williams
Address: P.O. Box 16168
High Point, NC 27261
Property Size (acres) —81 Nearest Town Oak Ridge
Nearest Waterway UT to Beaver Creek River Basin Cape Fear
USGS HUC 03030002 Coordinates 36.174453,-79.980133
Location description: The project area is located approximately 0.1 mile south of NC Highway 150 (Oak Ridge Road),
approximately 0.55 mile east of its intersection with NC Highway 68, in Oak Ridge, Guilford County, North Carolina.
Description of Activity: This letter is the result of a visit to your property on 4/26/2022, where the extent of the permit non-
compliance in waters of the US was determined. The permit non-compliance located on Your property include the following:
1) Various sediment and erosion control concerns were noted by Guilford County and NCDWR, indicating non-
compliance with NWP 29 General Condition 12.
2) The concrete outlet pad and rip rap apron of the authorized stream crossing were not installed according to the
permitted plans (attached) on Sheet 14 of 17. The concrete outlet pad was installed at least 12 inches above grade,
indicating non-compliance with NWP 29 General Condition 2;
3) Excavation to install the inlet of the authorized stream crossing has resulted in a 2-3 foot deep headcut (see attached
pictures) currently eroding into Wetland WA/WAA at the edge of the existing natural gas corridor to the northwest,
indicating inconsistencv with nermitted plans (attached) on Sheet 14 of 17 non-comnliance with NWP 29 General
Condition 2 and 14;
Applicable Law(s): ® Section 301 (Clean Water Act, 33 USC 1311)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Enforcement Type: El Unauthorized Activity
❑X Permit Non -Compliance
You are hereby notified that the above -described work is not in compliance with the Department of the Army (DA) permit issued to
you on 9/29/2020. Any additional work in waters or wetlands in non-compliance with this permit may be considered an intentional
violation of federal law.
We hereby request you take the following actions to resolve this matter:
a. Based on emails sent between Guilford County, NCDWR, and Mr. Barry Siegal (permittee), it is or understanding
that all sediment and erosion control concerns are being addressed per County and State authorities, and the Corps
will take no action on these issues at this time.
b. Installation of the concrete pad at the culvert outlet would ordinarily be a serious concern due to interruption of
aquatic life passage, warranting removal/reinstallation. However, because the culvert outlet appears to be stable, and
given the fact that Corps authorization accounted for permanent impacts to the entirety of Stream ISA, including the
indirect loss of aquatic function in the remaining 15 linear feet of stream up -drainage of the culvert inlet, the Corps
will not require any action to correct the perched culvert outlet and associated outlet pad;
c. Within 30 days of the date of this correspondence, propose a plan for Corps approval to stabilize/correct
the headcut currently eroding into Wetland WA/WAA up -drainage of the culvert inlet at the edge of the
existing natural gas corridor. Typical designs for stabilizing these issues include natural channel design
principles (i.e. cross vane, step downs, etc.) and planting of appropriate wetland/riparian vegetation.
Following review/modification of this plan by the Corps, this work must be complete within 30 days of
Corps approval;

Failure to comply with this request may result in referral of this case to the United States Attorney. Violations of the Clean Water Act
can result in administrative penalties, civil penalties of up to $27,500 per day of violation, criminal fines or imprisonment.
If there are any questions regarding this notification or the Corps of Engineers regulatory program, please contact David E. Bailey at
[phone] X 30 or David.E.Bailcv2(&usace.armv.mil.
Corps Regulatory Official: Date: 2022.05.13 07:46:56-04'00' Date: 5/13/2022
Copies furnished by e-mail:
Michael Brame, Pilot Environmental, Inc.
Sue Homewood, NCDEQ-DWR
Earl Davis, Guilford County Government

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01090 County: Guilford U.S.G.S. Quad: NC-Summerfield
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Oak Ridge Landing Partners, LLC
Attn: Amanda Williams
Address: P.O. Box 16168
High Point, NC 27261
Size (acres) —81 Nearest Town Oak Ridge
Nearest Waterway UT to Beaver Creek River Basin Cape Fear
USGS HUC 03030002 Coordinates 36.174307,-79.980058
Location description: The project area is located approximately 0.1 mile south of NC Highway 150 (Oak Ridge Road),
approximately 0.55 mile east of its intersection with NC Highway 68, in Oak Ridge, Guilford County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 152 linear feet
of streams (124 linear feet is considered a permanent loss), the temporary discharge of fill material into 10 linear feet of
streams, and the indirect loss of aquatic function in an additional 15 linear feet of stream, necessary for the installation of
access and infrastructure for the Oak Ridge Landing residential development.
Applicable Law(s): ❑X Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 29. Residential Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 6/19/2020, and additional information submitted via email on 9/10/2020, and
the enclosed plans "Oak Ridge Landing" Sheets 1, 4, 9, and 13-15. Any violation of the attached conditions or deviation from
your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty,
and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact David E. Bailey at [phone] X 30or David.E.Bailey2(a,usace.army.mil.
Date: 2020.09.29 12.42:24-04'00'
Corps Regulatory Official:
Expiration Date of Verification: 03/18/2022
Date: 09/29/2020

SAW-2020-01090
SPECIAL CONDITIONS
The following deed notification shall be included in the recorded restrictive covenants for the
subdivision before property containing wetlands (Lots 4, 40, and 47 as shown on "Oak Ridge
Landing" Sheet 4 of 17) is conveyed. Any alteration to this language must be approved before
incorporation.
"A portion of subdivision has been determined to meet the requirements for designation as a
wetland. Any subsequent fill or alteration of this area shall conform to the requirements of the
federal rules addressing wetland impacts noted in the Code of Federal Regulations at the time of
the proposed alteration. The intent of this provision is to prevent additional wetland and stream
impacts, so the property owner should not assume that a future application for filling or alteration
would be approved. The property owner shall report the name of the subdivision in any
application pertaining to said rules. This covenant is to run with the land and shall be binding on
all parties and all persons claiming under them."
2. The permittee shall provide a copy of the recorded deed notification, referenced in Special
Condition 1. above, within 15 days of recording, to the U.S. Army Corps of Engineers, Wilmington
District, Raleigh Regulatory Field Office, Attn: David E. Bailey, 3331 Heritage Trade Drive, Suite
105, Wake Forest, North Carolina 27587.
3. Please note that future impacts and/or phases of the Oak Ridge Landing residential development
and related activities associated with Corps Action ID: SAW-2020-01090 may be considered part
of a single and complete project; these impacts may be considered cumulative with impacts
permitted during earlier phases with respect to compensatory mitigation and Nationwide Permit
thresholds. Current cumulative impacts to aquatic resources for this single and complete project
include permanent direct and indirect impacts to 167 linear feet (0.015 acre) of stream channel, of
which 139 linear feet and 0.013 acre are considered a permanent loss of waters and or aquatic
function.
Corps Regulatory Official:
� Date: 2020.09.29 612:42:08-04'00'
Expiration Date of Verification: 03/18/2022
Date: 09/29/2020
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located athttp://coipsmapu.usace.a,M.mil/cm_abex/Pp=136*0.
Copy furnished:
Michael Brame, Pilot Environmental, Inc., PO Box 128, Kernersville, NC 27285
Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105

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