Response to COE, WQ combined.pdf

Brown's Environmental Group, Inc.
Wetlands, Soils, Permitting
Wyatt Brown, LSS, CPESC
2/24/24
Matthew K. Martin, PWS
Regulatory Specialist
U.S.Army Corps of Engineers
CE-SAW-RG-R
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Zach Thomas
Environmental Program Consultant
Division of Water Resources
Raleigh Regional Office
Raleigh, NC 27699-1628
Matt & Zach
In response to your letter,January 25, 2024' for the permit non-compliance for Everwood S/D
SAW-2019-00882 I have taken several steps to help bring this site into compliance. These steps
include visiting the site, discussions with the construction personnel, and reviewing these
violations with the owners. Steel Bridge Crossing is determined to bring this site into
compliance with the 401 and 404 permits.
The following is a list to list the non-compliance items in your letter along with an answer for
each non-compliance statement. A simple restoration plan will be included in the answer to
item #3. The problem areas have already been noted by you in your earlier inspection so I will
not provide a map with this response.
1) "Regional Condition 9: Installation of culverts in wetlands shall ensure continuity of water
movement and be designed to adequately accommodate high water or flood conditions. For all
NWPs that involve the construction/installation of culverts, measures shall be included in the
construction/installation that will promote the safe passage of fish and other aquatic organisms.
-The culvert installation on the recent extension of Mahogany Way appears to be installed
suspended over the wetland."
I agree the culvert outlet is perched and needs correction. I have discussed this with Curk Lane,
PLS the surveyor for this project and Jerry Dalton, PE the design engineer. I've discovered the
construction plans have been revised since the 401 and 404 permits were issued. The cul-de-sac
for Mahogany Way has been extended to the south but also moved to the east. This easterly
move has avoided the existing wetland and avoided the approved wetland impact#3 on the
permit. The outlet of the culvert does not flow directly into the wetland. I have attached an

enlargement of the construction plans showing the wetland impact being avoided. In order to be
confident,the wetland had been avoided,we had the surveyor flag the original top of my
wetland. I did not measure it but it was approximately 8-10 feet downstream from the outlet of
the perched culvert. The perched culvert must still be repaired and the existing downstream
wetland must be protected during this repair.
2) "Regional Condition 17: All PCNs will identify and describe sedimentation and erosion
control structures and measures proposed for placement in waters of the U.S. The structures and
measures should be depicted on maps, surveys or drawings showing location and impacts to
jurisdictional wetlands and streams.
-There are several sediment and erosion control structures and measures placed within
waters of U.S. that were not disclosed in the PCN, these were observed at impact areas 1
and 3.
The sediment structure located downstream of the perched culvert, in the vicinity of the impact
3, is actually located just above the top of the original delineated wetland. When the surveyor
marked the wetland in the field for us, it proved the temporary sediment structure is located out
of the wetland. The temporary sediment structure located in the wetland at impact area 1 will be
removed and the disturbed area in the wetland returned to its existing elevation and also seeded
with a wetland seed mix.
3) "Unauthorized discharges of dredged and fill material were identified in and around impact
area 3.
There was sediment deposited in the wetland located below the perched culvert of impact#3.
The contractor temporarily placed wooden board in the wetland to roll wheelbarrows on, so not
to rut up or damage the wetland. They have used flat bottom shovels and short tooth rakes to
remove the sediment from the wetland downstream. They removed the sediment from the
downstream areas as far as it was found. They took care not to disturb the original natural ground
with the flat bottom shovels by leaving approximately no more than 1 inch of sediment depth in
the wetland areas. As they went out of the wetland, they removed the boards so as not to cause
any more damage. The contractor will purchase a typical wetland seed mix from Green
Resources in Garner. It will be broadcast at 20 to 25 lbs. per acre (1 lb./2000 sq.ft.). After the
restoration work is complete, I will reinspect all the areas of non-compliance to ensure the
problem areas have been resolved and send you pictures.
I appreciate your time you have spent on this problem and apologize for the area being in non-
compliance with the permit. If you have any questions or concerns, please don't hesitate to
contact me.
Sincerely
Wyatt Brown, LSS
Brown's Environmental Group, Inc
242 Batten Farm Road, Selma, NC 27576 919-524-5956 [e-mail]

3 N
ST_ s
sz�
41
O s�sH{y..? t Y{.c ` �4+Raµ' g`efa`�' c0
cQW (t13� 1°j k+�y " �kx% �y �5 t
AV 100,
00
3
2).
�O
cn
�f
cn
m MATCH 70 SHEI=r 2 OF 5 q3 f 21 p.2053•�'
r 1 29 2.Fgs A
g AC
S 'I 30635 s y 92 p.5 7 64 M1n YrkiEEl E$$
4 a0 4 y3000 Q 814 g 4 Y a. Hj7At p5Y SF Mpg 65 23 PG 526
!2 ;; 33oeo l $F AC {� 23913 c RN 07F06$25R
sF fs. 0.750 q.544 A
O 000 N 31 0.758 AC 81 Bl y41.oD
Q f' �' AC iw.i3. WIYwi at'E rr
7515 33000
c o Ise r1 'r 25728 SF us -'
�a0.591 AC
N AC
��tdp.Ob E u7V�1'0, }$ 17t�4t Cf0q
t� 4n0 nVtE N7yAt E,577�t 4t� ti7�OR}4'
.,
W,o° w .t'p;,�„G , n.w tar.4e30002 sr
ky 50 R �,c v+ ,4a,oe I 'IS,,. 82 .p 89 0.689 Vi
�Y'01'M g4.04' Al ���� n ^Y � e
X l
6
cn 81 7;al i'. 56645 SF f s �y'4a
,
x N BO 1.300 AC x7 27115 SF
79 a 38540 SF s 0.522 AG
24750 1° 0.884 AO m, er7 t5+
4750 SF 4
h n �'•t
ci SF r 0.568 I' .�
J.5B8 AC a rw. y h L1 a B7 37303 5F
AC
�` o.BSB A4A4A $HRRTftYDGE
AC $4 t c n a*m OB 5640 PC 930
N 83 f C16 [, sefi 56'43"E Pty O'7FO6Q259
� +ta.a4' tree _
3 ao.o, v 1479.0.0 1 y,mmU6 r 107664 SF °ry � $fi 28133 IG)
w oO' 2.472 AC SF o a
X ,g•,r'oi' 64 N'n •F1'41"E N $rJ
0 77 AC
CD 43724 1.6495 SF
0 8258b SF ; SF 057 AC 1Q
�i 1.696 AC 1 M4 AC t+o1�, 45a n
9 17E n fir w. um 014.1e
90
3 ? �
N '/{�, � caS�s m 1PF 122.53' m lSB 459 4PF
N
� Sto
CD
OS 9g
a KE7unJ7s N/F
o M FI�WLI 1 511AEms, lLC-
!s¢ r f r DB 4711 PG 59a
Pti OlF'09q�91
m qry,
M F AM1L'� INS
G, LLCM l63 4$ 41
DO 284 P C
� _ J