2019-00845 Permit Non-compliance Notice.pdf

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-00845 County:Wake U.S.G.S. Quad:NC-Lake Wheeler
NOTIFICATION OF PERMIT NONCOMPLIANCE
Responsible Party: Clayton Properties Group,Inc./Mungo Homes
Attn: Brett Clark
Address: 2521 Schieffelin Road,Suite 116
Apex,NC 27502
E-mail: bclarkAmungo.com
Property Size(acres) —173 Nearest Town Garner
Nearest Waterway UT to Swift Creek River Basin Neuse
USGS HUC 03020201 Coordinates 35.693574,-78.676601
Location description: The proiect area is located on the south side of Simpkins Road,and the west side of US Highway 401
(Fayetteville Road),approximately 0.75 mile southwest from their intersection,in Garner,Wake County,North Carolina.
Reference the Nationwide Permit(NWP 29)verification issued to you for the Georgia's Landing residential development,
dated 6/29/2022.
Description of Activity: This letter is the result of a visit to your property on 2/28/2023,where the extent of the permit non-
compliance in potential waters of the US was determined.The activities of concern included the following(reference the
planset included in the NWP 29 verification):
1) Impact#s 1 and 29(Sheet No./Map C):
a. Rip rap bank stabilization under the bottomless arch culvert,necessary to maintain the pre-existing stream
channel width under this structure,was not installed;
2) Impact#s 2,3,and 30(Sheet No./Map E):
a. Rip rap bank stabilization under the bottomless arch culvert,necessary to maintain the pre-existing stream
channel width under this structure,was not installed;
b. Clearing and grubbing within wetland areas occurred both up-and down-stream of the culvert outside of
authorized wetland impact limits;
c. The stream channel has been over-widened both up-and down-stream of the culvert,outside of the authorized
stream impact limits.
3) Impact#s 7,8A,8B,9,and 10(Sheet No./Map G):
a. The culvert was authorized provided that the inverts of the inlet and outlet of the culvert were buried 1'
below the stream bed; The inlet invert appears to be placed essentially at-grade with the stream bed.The
outlet invert is perched approximately 3-4 inches above the stream bed.
b. Rock check dams remain within the stream channel both up-and down-stream of the culvert,outside of the
authorized stream impact limits.
Applicable Law(s): ®Section 301 (Clean Water Act,33 USC 1311)
❑Section 10(Rivers and Harbors Act,33 USC 403)
Enforcement Type: ❑Unauthorized Activity
®Permit Non-Compliance
You are hereby notified that the above-described work is not in compliance with the Department of the Army(DA)NWP 29
verification issued to you on 6/29/2022.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(see following page):

Within 30 days of the date of this correspondence,
a. Per items la and 2a above,install the rip rap benches within the two bottomless arch culverts according to the
permitted plans,such that the pre-disturbance natural-bottom stream channel width is maintained through these
structures and ties in with the undisturbed stream channels up-and down-stream of these structures.The resulting
channels through the culvert are to be underlaid by natural stream bottom sediment,rather than rip rap. Ensure
that all sediment and erosion control including dewatering occurs during this activity;
b. Per item 2b and 2c above,propose a plan to restore natural wetland grade and contour where necessary,as well as the
stream channel at pre-disturbance profile,to tie in between undisturbed stream channel segments and the channel to
be re-established under the culvert per item a above.Also propose a planting plan for these wetland and stream bank
areas for Corps approval using regionally appropriate native wetland and riparian vegetation,respectively.This work
must be completed within 30 days of Corps approval.
c. Per item 3a,propose a plan for this culvert to achieve compliance with permit conditions.Not that,in addition to not
being in compliance with the permitted plans,this crossing currently does not comply with NWP General Condition 2
or Regional Condition B.9.This work must be completed within a 30 days of Corps approval.
d. Per item 3b,remove all in-stream check dams,as such structures were not authorized by the Corps in their present
locations.
e. Please provide a status update on the dam breach(Sheet No./Map D),including timing on when the final proposed
grade will be achieved and the 28-foot-wide rip rap pad will be installed.
f. Please self-inspect the remaining permitted impacts and crossings of waters where no impacts were authorized on this
project(see NWP 29 Special Condition 2)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.
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] or David.E.Bailey2(&usace.army.mil.
Corps Regulatory Official: Date:2023.03.02 15:18:42-05'00' Date: 03/02/2023
Copies furnished by e-mail:
Rick Trone,WithersRavenel,rtrone(&withersravenel.com
Troy Beaseley,WithersRavenel,tbeasley(iDwithersravenel.com
Zach Thomas,NCDWR,zachary.thomas&ncdenr.gov
Enclosures
20230223 Compliance Notes and Pictures.pdf