Ridgemoor_USACE_NNC_20230505_Response_Draft_Final.pdf

LE N NAIZ
June 14, 2023
VIA ELECTRONIC MAIL
David Bailey
U.S. Army Corps of Engineers—Wilmington District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest,North Carolina 27587
Subject: United States Army Corps of Engineers Permit Non-Compliance
Notice for the Ridgemoor Development dated May 4,2023
Garner,North Carolina; Nationwide Permit No. SAW-2019-00195
Dear Mr. Bailey:
The attached United States Army Corps of Engineers (USACE) Permit Non-Compliance Notice
was issued for the Ridgemoor development (Development) on May 4, 2023 and was received by
Lennar Carolinas, LLC (Lennar) via email on the same day. See Attachment No. 1. This letter
serves as written confirmation that the actions you have requested were completed in a timely
manner.
USACE Permit Non-Compliance Notice Items:
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.
In order to resolve this permit non-compliance issue: 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. "
Completed Corrective Actions: On May 17, 2023, Lennar completed the removal of the
additional riprap at Impact Area H; and on May 26, 2023, Lennar completed the removal
of the additional riprap at Impact Area C as directed by the USACE. See Photo Nos. 1, 2,
3, and 4. On May 26, 2023, USACE performed a reinspection at the Development and
requested at Impact Area H an approximately 2-foot-wide depression swale be created
iioo Perimeter Park Dr•Suite 112•Morrisville,NC 2756o•Phone:[phone].Fax:9i9-337-9455
LENNAR.COM

LE N NAIW
along the centerline of the energy dissipator pad to better convey the base level stream
flow. On May 31, 2023, Lennar completed the installation of the depression swale along
the centerline of the Impact Area H energy dissipator pad. See Photo No. 5.
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.
In order to resolve this permit non-compliance issue: 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. "
Completed Corrective Action: On May 17, 2023 Lennar completed the removal of the
additional riprap at Impact Area H, including the check dam, as directed by the USACE.
See Photo Nos. 1 and 5.
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 SIO. '
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: Submit the post-construction (e.g.
as-built) surveys as required by NWP 29 Special Condition 3.
Completed Corrective Action: On June 14, 2023, Lennar submitted `As-Built' surveys for
Stream Impacts S1, S5, and S10, as directed by the ACOE in accordance with Special
Condition No. 3 of the approved Nationwide Permit No. 29. See Attachment No. 2.
iioo Perimeter Park Dr•Suite 112•Morrisville,NC 2756o•Phone:[phone].Fax:9i9-337-9455
LENNAR.COM

LE N NAIT
4. "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. "
Response: See Attachment No. 3.
The statements above are for information purposes only in furtherance of the final resolution of
the May 4, 2023 USACE Permit Non-Compliance Notice. Nothing in this letter should be
construed as an admission of liability or a declaration against interest as strictly prohibited by N.C.
Gen. Stat. § 8C-1, and the Federal Rules of Evidence of Section 408. If the USACE takes further
legal action against Lennar as a result of the May 4, 2023 Permit Non-Compliance Notice,Lennar
reserves the right to present any and all appropriate arguments and evidence,regardless of whether
they are presented in this letter.
Please contact Wesley Smith at(919) 608-7567 should you have any questions.
Sincerely,
Robert Smart
Division President
Lennar Carolinas, LLC
Enclosures: Photo Nos. 1 through 5
Attachment 1: USACE Permit Notice of Non-Compliance Email dated
May 4, 2023
Attachment 2: As-Built Survey of Stream Impact Areas S 1, S5, and S 10 dated
June 2, 2023
Attachment 3: Narrative Update and Photo Log documenting the status of Impact
Areas D, E, F, and G dated June 2, 2023
Cc: Zach Thomas,North Carolina Department of Environmental Quality
iioo Perimeter Park Dr•Suite 112•Morrisville,NC 2756o•Phone:[phone].Fax:9i9-337-9455
LENNAR.COM

• • No. 1: Photo of Impact
• • Taken Ma 29, 20
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• • No. 2: Photo of Impact
(Photo Taken May 17, 2023
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Photo No. 3: Photo of Impact K
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Photo taken1
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Photo No. 4: Photo of Impact K.
(Photo take May 17, 2023)
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Photo No. 5: Photo of Impact H.
(Photo taken May 31, 2023)
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Attachment 1:
From: Bailey,David E CIV USARMY CESAW(USA)<David.E.Bailey2(dusace.army.mil>
Sent:Thursday,May 4,2023 6:29 PM
To:Tim Lengen<Tim.lengen[@lennar.com>;Stephen Dorn<steohen.dorn(EDlennar.com>
Cc:Thomas,Zachary <zachary.thcmas(dredenr.aov ;Gallo,John<igallo(drifenbura.com>
Subjec#:[External] Permit Non-omplTance Notice; Ridgemoor residential development-Ackerman
Road,Garner,Wake County;SAW-2019-00195
CAUTION:External email.Bo not click links or open attachments unless verified.Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
All,
visited the above referenced site on 5/312023,to evaluate compliance with the Nationwide Perm it 29
verified far use on 1/30/2020. Culverts and fill far the authorized road crossings(stream and wetland
impacts)have been installed.The following items were noted during the corn piiance inspection:
1) The downstream rip rap pad far Impact Area C(Stream I pact Nurnber 53)was permitted such
that the tap of the rip should be no higher than the original stream bed elevation(see attached
plansheet in N W P 29 ve rification 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(Strearn Impact Number 56)was permitted such
that the top of the rip should be no higher than the original stream bed elevation(see attached
plansheet in N W P 29 ve rification 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) Nan-compliance with NWP 29 Special Condition 3,which states:
"A post-construction(e.g.as-built)survey of Stream Impacts S1,S5,and 510 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 headway rip
rap pad)placed far 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 Yap 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-verifled
stream channel within the as-built footprint of fill material(i.e.culvert headwall,rip rap pad)for
Stream impacts S1,SS, and 510."
This information has not been submitted to our office,and all stream im pacts appear to have
been installed many months ago.
In order to resolvethis permit non-compliance issue:
A. At Impact Areas C(Stream Impact NumberS3)and H(Stream Impact NumberS6),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 perthe
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
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: httos:llreizulatory.eos.usace.armv.mil}customer-service-survey!
Thank you for taking the time to visit this site and complete the survey.
Email correspondence to and from this address maybe subjectto the North Cardina Public Records Law and maybe disclosed to third
parties by an authori¢ed state official_

Attachment 2:
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Attachment 3
Ridgemoor Development Impact Rey,im,and Update
Nationwide Permit No. SAW-2019-00195
Impact Area D- As of May 5, 2023, all construction activities at Impact Area D were completed, On May
12. 2023_ all temporary erosion control devices were removed from the Impact Area_ No unauthorized
impacts were made during the construction of the Greenway Trail Bridge at Impact Area D. See Photo No.
1A below.
Photo IA-
. ti

Impact Area E: As of May 5, 2023,all construction activities at Impact Area E were completed- On May
12: 2023, all temorary erosion control devices were removed from the Impact Area. No unauthorized
impacts were made during the construction of the Greenway Trail Bridge at Impact Area E. See Photo No.
2A below.
Photo 2A:
V

Impact Area F: As of May 5, 2023., all constriction activities at Impact Area F were completed. On May
12, 2023 all temporary erosion control devices were removed from the Impact Area- No unauthorized
impacts were made during the construction of the Greenway Trail Bridge at Impact Area F- See Photo 3A
below-
Photo 3A:
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rV
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Impact Area G: As of May 5, 2023, all constriction activities at Impact Area G were completed On May
12: 2023, all temporary erosion control devices were removed from the Impact Area. No unauthorized
impacts were made during the constriction of the Greenway Trail Bridge at Impact Area G. See Photo No.
4A below.
Photo 4A-
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Impact Area K: Subsequent to the field reaie- of Impact Area K on May 5, 2023, it was determined that
the rip rap dissipater pads were not installed flush with existing stream bed elevations. On May 9, 2023,
Lennar completed the removal of the additional riprap at Impact Area K.See Photo Nos. 5A and 6A below.
Photo 5A: Photo 6A:
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r °.