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HomeMy WebLinkAboutRE_ _External_ RE_ _Non-DoD Source_ Re_ Permit Non-compliance Notice_ _ Everwood Subdivision- Four Oaks _ Johnston County _ SAW-2019-00882 (3)Baker, Caroline D From: Thomas, Zachary T Sent: Thursday, May 16, 2024 1:15 PM To: wyatt brown Cc: lannycliftonbuilder@gmail.com; Shannon Stanley; Martin, Matthew K CIV (USA); Junior Parker Subject: RE: [External] RE: [Non-DoD Source] Re: Permit Non-compliance Notice:: Everwood Subdivision- Four Oaks / Johnston County / SAW-2019-00882 No Thank you for the information provided in the emails below regarding the efforts taken to remediate non-compliance items pertaining to DWR# 20191699 Everwood 2. DWR is also satified with the remediation efforts and considers this project back in compliance. 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: (919) 791-4255 zachary.thomas@deg.nc.gov Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 E� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Martin, Matthew K CIV (USA) <Matthew.K.Martin@usace.army.mil> Sent: Thursday, April 25, 2024 1:57 PM To: wyatt brown <brownenvgrp@gmail.com> Cc: lannycliftonbuilder@gmail.com; Thomas, Zachary T <zachary.thomas@deq.nc.gov>; Shannon Stanley <shannon.stanley@johnstonnc.com>; Junior Parker <jrparker69@gmail.com> Subject: [External] RE: [Non-DoD Source] Re: Permit Non-compliance Notice:: Everwood Subdivision- Four Oaks / Johnston County / SAW-2019-00882 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. Mr. Lanny Clifton and Wyatt Brown, Thank you for the letter you sent on March 21, 2024 and the phone call today, April 25, 2024 indicating the work has been complete. The Corps is satisfied that the project is now in compliance and has now closed the Non -Compliance file on Everwood Subdivision. Thank you for your cooperation in this matter. Thank you, 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 Mobile: (984) 800-3741 Email: matthew.k.martin(@usace.armv.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can be accessed by copying and pasting the following link into your web browser: https://re_ uq latory.ops.usace.army.mil/customer-service-surveyl. Thank you for taking the time to visit this site and complete the survey. From: wyatt brown <brownenvgrp@gmail.com> Sent: Thursday, March 21, 2024 10:26 PM To: Martin, Matthew K CIV (USA) <Matthew.K.Martin@usace.army.mil> Cc: lannycliftonbuilder@gmail.com; Thomas, Zachary T <zachary.thomas@deg.nc.gov>; Shannon Stanley <shannon.stanlev@iohnstonnc.com>; Junior Parker <irparker69@gmail.com> Subject: [Non-DoD Source] Re: Permit Non-compliance Notice:: Everwood Subdivision- Four Oaks / Johnston County / SAW-2019-00882 Matt and Zach I have attached the original violation letter you wrote that I replied back to you in red. I added my updated response in blue this time. I have also attached photos referenced in my response. My client has worked to clean up the wetland and control sediment running into the wetland. They have removed sediment control from the wetland and sown a wetland seed mix. I appreciate you allowing us the time to bring the project into compliance. Any questions don't hesitate. thank you Wyatt On Thu, Jan 25, 2024 at 8:34 AM Martin, Matthew K CIV (USA) <Matthew.K.Martin@usace.army.mil> wrote: Mr. Lanny Clifton, Please reference the Department of the Army (DA) Nationwide Permit issued to Steel Bridge Crossing, LLC., dated March 27, 2020, for impacts to construct the Everwood residential subdivision, near Four Oaks, Johnston County, North Carolina. Specifically, the United States Army Corps of Engineers, Raleigh Regulatory Field Office (Corps) authorized the permanent discharge of fill material into 0.062 acre of wetland. Please find the enclosed copy of the DA Nationwide Permit and general conditions, authorization, and permitted plans. On January 11, 2024, the Corps performed a routine compliance review of the site which revealed the following. 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. 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. Unauthorized discharges of dredged and fill material were identified in and around impact area 3. The U.S. Army Corps of Engineers (Corps), Wilmington District, requests you provide the following information to this within thirty (30) days of receipt of this correspondence. 1. Any additional information not provided in this letter, that would indicate you are in compliance with the permit condition(s) listed above or that the activity noted in this letter is either exempt or excluded from Section 404/10 permitting. 2. A restoration plan. 3. An after -the -fact permit application (to include a tolling agreement). If this option is chosen, please contact the Corps Project Manager listed in this letter for a tolling agreement. The tolling agreement would need to be signed and submitted with the after -the -fact permit application. 4. Some combination of numbers 1-3 above. Sincerely, 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 Mobile: (984) 800-3741 Email: matthew.k.martin(@usace.armv.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey can be accessed by copying and pasting the following link into your web browser: https://re_ uq latory.ops.usace.army.mil/customer-service-surveyl. Thank you for taking the time to visit this site and complete the survey. Wyatt Brown, LSS, CPESC Brown's Environmental Group, Inc 919-524-5956