20211827 Ver 1_Email Notification of site non-compliance - following 10/14/2023 site visit_20231101

Baker, Caroline D
From: Thomas, Zachary T
Sent: Wednesday, November 1, 2023 10:13 AM
To: ML Mueller; [e-mail]; Summers, Kimberly M;
[e-mail]; David Murphy; Shawna E Avila; Doug Arends; Candice R
Raber; Patrick J Williams; John W Pierce; Jason Rivenbark; Brad Williford; Nick
Meagher; Lauren Norris-Heflin;[e-mail]
Cc: Myers, Joseph M; Morales, Kristina; Manuel, Vanessa
Subject: RE: [External] "Bexford — Open Space Subdivision" located in the Fuquay-Varina
jurisdiction, DWR #20211837, SAW-2019-02335 - SELF REPORT
Good Afternoon,
Thank you again for taking the time to meet with us for the site visit on 10/19/23 for DWR# 20211827 - Bexford
Subdivision 401 certification.
Per your self -report notification received by the Division (via email) on 9/14/23 and the subsequent site visit referenced
above to discuss the incorrectly installed sediment basin (#13), this site is considered out of compliance with the
parameters listed in the issued 401 and Buffer Authorization.
DWR is requiring a response to this notification of non-compliance that addresses the following:
1. The incorrectly installed Sediment Basin #13 must be removed from the wetland, stream, and riparian buffer
areas.
2. The impacted areas must be restored to natural conditions. The wetland and stream features must be restored
to natural grade and profile. Please ensure that design and plans are provided to both DWR and USACE for
approval. The riparian buffer area must be restored using native plant species and meet all criteria under the
Neuse Riparian Buffer Rules (15A NCAC 02B .0714). A restoration plan should be provided to DWR as part of
your response that includes a monitoring plan for the wetland, stream, and buffers plantings for 3 years (if
deemed appropriate, DWR can shorten the length of time required for monitoring).
3. Please provide an impact map that depicts:
a. The unauthorized impact total to the wetland (acres)
b. The unauthorized impact total to the stream channel (linear feet)
c. The unauthorized impact total to the riparian buffer area (square feet)
4. As part of your plans, please include any temporary impacts that will occur during the construction process
(pump arounds, etc.) and clearly indicate the access path for equipment.
5. As part of your plans, please include an anticipated date that construction will begin and end.
Please provide a response (including photo documentation) and remediation plans within 30 days of this notification. 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]
Raleigh Regional Office
1628 Mail Service Center
Raleigh, NC 27699-1628
ef�:_ E Q
Email correspondence to and from this address is subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: ML Mueller <[e-mail]>
Sent: Thursday, September 14, 2023 10:55 AM
To: Vinson, Scott <[e-mail]>
Cc: George. L.Phi Ili [e-mail]; Summers, Kimberly M <[e-mail]>; jdwells@fuquay-
varina.org; Thomas, Zachary T <[e-mail]>; David Murphy <[e-mail]>; Shawna E
Avila <[e-mail]>; Doug Arends <[e-mail]>; Candice R Raber
<[e-mail]>; Patrick J Williams <[e-mail]>; John W Pierce
<[e-mail]>; Jason Rivenbark <JasonRiven [e-mail]>; Brad Williford
<[e-mail]>; Nick Meagher <[e-mail]>; Lauren Norris -Heflin <Lauren.Norris-
[e-mail]>; [e-mail]
Subject: [External] "Bexford — Open Space Subdivision" located in the Fuquay-Varina jurisdiction, DWR #20211837, SAW-
2019-02335 - SELF REPORT
Importance: High
CAUTION: External email. Do 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.
Dear Mr. Vinson,
Good morning. My name is ML Mueller, and I am the Division President of the Carolinas East Division of Forestar, a
residential development company. We are the owner and developer of "Bexford — Open Space Subdivision," located in
the Fuquay-Varina jurisdiction, under Section 401 Permit DWR #20211837 and Section 404 Permit #SAW-2019-02335.
The purpose of this email and the attached letter is to notify you that we recently discovered and confirmed within the
last 24 hours that temporary Sediment Basin #13 was incorrectly installed past the approved limits of
disturbance. Surveying completed this morning appears to verify the encroachment. The impacts appear within
jurisdictional wetlands and the stream situated NNW of the planned temporary Sediment Basin #13 location.
Matted diversions divert surface water to the basin, and the current E&SC controls appear to address surface waters
from the site sufficiently. In the interim, no further disturbances will occur outside the LOD, and we are moving forward
with re -installing the basin and adjacent silt fence in the approved locations.
We have engaged our engineering, surveying, permitting, and SWPPP consultants to develop a detailed report
describing the amount of area impacted and a remediation plan, and we will send the report as soon as possible for
review and comment.
Please feel free to call me or email if you have any questions or recommendations, would like photos, or wish to meet
on -site.

A copy of the attached letter has also been sent to you by USPS-certified mail with the return receipt requested.
Best —
ML
da-
FORESTAR
ML Mueller
Division President, Carolinas East
8041 Arco Corporate Dr., #110
Raleigh, NC 27617
c: 919-624-5930
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