RE_ _External_ Permit Non-compliance Notice_ Ridgemoor residential development - Ackerman Road_ Garner_ Wake County_ SAW-2019-00195 (DWR#20191377)

Baker, Caroline D
From:Thomas, Zachary T
Sent:Tuesday, May 23, 2023 11:08 AM
To:Tim Lengen; Stephen Dorn
Cc:Gallo, John; Bailey, David E CIV USARMY CESAW (USA)
Subject:RE: \[External\] Permit Non-compliance Notice: Ridgemoor residential development -
Ackerman Road, Garner, Wake County; SAW-2019-00195 (DWR#20191377)
Hello,

The Division of Water Resources concurs with the USACE findings described in the 5/4/23 email and therefore this site is
also considered out of compliance with DWR# 20191377.

Please ensure that you include DWR on all correspondence emails in response to the USACE for items A, B, C, and
additional impact areas described below.

If you have any questions, please let me know.

Thank you,

Zach Thomas
Environmental Program Consultant, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
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From: Bailey, David E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, May 4, 2023 6:29 PM
To: Tim Lengen <[e-mail]>; Stephen Dorn <[e-mail]>
Cc: Thomas, Zachary T <[e-mail]>; Gallo, John <[e-mail]>
Subject: \[External\] Permit Non-compliance Notice: Ridgemoor residential development - Ackerman Road, Garner, Wake
County; SAW-2019-00195

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All,

I visited the above referenced site on 5/3/2023, to evaluate compliance with the Nationwide Permit 29 verified for use
on 1/30/2020. Culverts and fill for the authorized road crossings (stream and wetland impacts) have been installed. The
following items were noted during the compliance inspection:

1) The downstream rip rap pad for Impact Area C (Stream Impact Number S3) was permitted such that the top of
the rip should be no higher than the original stream bed elevation (see attached plansheet in NWP 29
verification for Impact Area C and Culvert 1). Inspection showed that the rip rap pad as installed included layers
of rip rap 2-3 feet above the original stream bed elevation, that the stream was flowing underneath the rip rap
pad, and that this above-grade rip rap was causing the stream level to backwater into the culvert to the extent
that the majority of the baffles were under water.
2) The downstream rip rap pad for Impact Area H (Stream Impact Number S6) was permitted such that the top of
the rip should be no higher than the original stream bed elevation (see attached plansheet in NWP 29
verification for Impact Area H and Culvert 2). Inspection showed that the rip rap pad as installed included layers
of rip rap above the original stream bed elevation and that the stream was flowing underneath the rip rap pad.
Further, the check dam installed during construction had not been removed.
3) Non-compliance with NWP 29 Special Condition 3, which states:
“A post-construction (e.g. as-built) survey of Stream Impacts S1, S5, and S10 must be conducted by a Register
Professional Land Surveyor (RPLS), within 30 days of completion of these Stream Impacts. This survey must
include the as-built footprint of fill material (i.e. culvert, headwall, rip rap pad) placed for and in association with
these Stream Impacts. The surveyed as-built fill material (i.e. culvert, headwall, rip rap pad) footprint must be
overlaid on top of the stream and wetland delineation as verified by the USACE. This as-built survey must be
submitted to the USACE, along with an itemized report calculating the amount (linear feet) of Corps-verified
stream channel within the as-built footprint of fill material (i.e. culvert, headwall, rip rap pad) for Stream Impacts
S1, S5, and S10.”
This information has not been submitted to our office, and all stream impacts appear to have been installed
many months ago.

In order to resolve this permit non‐compliance issue:
A. At Impact Areas C (Stream Impact Number S3) and H (Stream Impact Number S6), remove excess rip rap
such that the rip rap is embedded in the stream bed sediment per the permitted plans, allowing low flow
water in the stream to flow over the top of the rip rap. This action is necessary to ensure that the authorized
project allows for aquatic life passage up and downstream of the crossing (Nationwide Permit Conditions 2
and 9; Regional Condition 4.1.6). Note that it is also acceptable for the embedded rip rap to be limited to an
area the width of, and lined up with, the downstream stream channel.
B. At Impact Area H (Stream Impact Number S6) the check dam must also be removed. If step down structures
are necessary to avoid head cutting in the stream, submit your proposed plan for evaluation.
C. Submit the post-construction (e.g. as-built) surveys as required by NWP 29 Special Condition 3.

Given the above items, please self-inspect the remaining permitted impacts (Impact Area K, culverts 3 and 4) and
crossings of waters where no impacts were authorized on this project (Impact Areas D, E, F, G, ) and provide pictures and
a brief narrative of their construction status and compliance status per the authorized plans, Special Conditions, and
NWP General and Regional conditions.

These action must be completed within thirty (30) days of the date of this email. Once complete, please arrange a
follow‐up site visit with me or email pictures showing that the remedial actions are complete. Please let me know if you
have any questions.

Sincerely,

Dave Bailey
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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
Mobile: [phone]
Email: [e-mail]

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.

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