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Home My WebLink About20050150 Ver 3_USACE Correspondence_20071227A.TF flS-otso Y3 ~.~ o~ (gas ) DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO December 21, 2007 Regulatory Division ~ ~~~~ ~~ L~ C 7 200 ~4~,1~WfTQUgClTy 1~ _ "~'/ Action ID. 200620193, 200520778, 200320080, and PCN received on May 30, 2007 Ms. Stephanie Sudano Town of Holly Springs Post Office Box 8 Holly Springs, NC 27540 Dear Ms. Sudano: Please reference a site meeting on August 6, 2007, at the project identified as Green Oaks Parkway in Holly Springs, Wake County, North Carolina. This meeting was to inspect the Parkway for compliance with Department of the Army permits issued for impacts to aquatic features. This meeting found the project in non-compliance of the permit conditions. Therefore, the project was considered a violation of Section 404 of the Clean Water Act. Because of this, a11404 permits were suspended by letter dated October 9, 2007, until remediation could bring the project into compliance. Restoration, and/or requested authorization for additional impacts have been detailed in correspondence dated October 23, 2007, from Soil and Environmental Consultants (S&EC) entitled "Green Oaks Parkway Stream Repair and Stabilization Plan, Holly Springs, Wake County, NC", and in a report dated November 28, 2007, from Kimley-Horn and Associates. It is the determination of the Corps of Engineers (Corps) that the actions detailed within these documents will bring the project into compliance. Therefore, this enforcement action authorizes all additional impacts within the October 23rd document from S&EC which totals 5 linear feet of permanent impacts to a stream exhibiting important aquatic function, 1 linear foot of permanent impacts to a stream channel lacking important aquatic function, 1221inear feet of temporary stream impacts, 0.0013 acre of permanent wetland impact, and 0.0412 of temporary wetland impact. In addition, 32 linear feet of stream channel impact is authorized for stream restoration as detailed in the November 28~' Kimley-Horn document. It is understood that the North Carolina Division of Water Quality has required a regular monitoring report for the restoration activities. Please provide a copy of each report for our files. This authorization is contingent upon the following additional special permit condition: In order to compensate for impacts to 37 linear feet of stream the permittee shall make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, sufficient to perform the restoration of 74 linear feet of warm water stream in the Cape Fear River Basin, Cataloging Unit 03030004. Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU between the North Carolina Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. **Note: Habitat type may be described as found in Schafale and Weakley, Classification of the Natural Communities of North Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979), Classification of Wetlands and Deepwater Habitats of the of the United States** Please be aware that the suspension of permits 200620193, 200520778, and 200320080 will remain in effect until all work authorized by this letter is complete. As discussed at previous meetings, we realize that continued work on the roadway crossings is required prior to completing the remediation efforts as proposed. Therefore, authorization is also granted via this letter for the necessary impacts originally verified under the permit identification numbers listed above. Once all restoration is complete, we will send official notification lifting the suspension. An updated, Pre-Construction Notification (PCN) form was also received within the Kimley-Horn report of November 28th requesting Nationwide Permit 14 verification for impacts associated with the widening of Segments A and B. It is understood that you wish to withdraw the previous PCN application received on May 30, 2007. A preliminary decision has been made that the impacts proposed under this PCN, in conjunction with the ongoing violation, do not meet the minimal impact condition as required under the Nationwide Permitting process. This decision will be confirmed, or the permit reviewed for issuance, prior to January 13, 2008, which is the day the PCN would be issued under the statutory requirements. If confirmed, all restoration activities will need to be completed prior to our official review of the PCN. 2 We appreciate your cooperation with this matter. If you have additional comments or questions, please do not hesitate to contact Mr. Matthews at telephone (919) 876-8441 x30. Sincerely, Jve~an B`. Manuele Chief Raleigh Regulatory Field Office Copy Furnished: Mr. Sean Clark S&EC 11010 Raven Ridge Road Raleigh, NC 27614 Mr. Danny Smith NCDWQ Mail Service Center 1650 Raleigh, NC 27699-1650 U.S. Attorney Eastern District of North Carolina 310 New Bern Avenue, Suite 800 Federal Building Raleigh, North Carolina 27601-1461 Mr. Ron Mikulak, Chief Wetlands Section-Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Ms. Cyndi Karoly North Carolina Department of Environment and Natural Resources Division of Water Quality Wetlands/401 Unit 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604 3 Mr. Justin McCorcle Assistant District Council Wilmington District U.S. Army Corps of Engineers Post Office Box 1890 Wilmington, NC 28402-1890 Mr. Harlan Britt Kimley-Horn and Associates Post Office Box 33068 Raleigh, NC 27636 4