20050150 Ver 3_USACE Correspondence_20080811

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF:
August 6, 2008 d5 - d 150 v3
Regulatory Division
Action ID. 200620193, 200520778, 200320080, and 200800129

Ms. Stephanie Sudano
Town of Holly Springs p k'1-17 R Post Office Box 8 lam; w? [P)
Holly Springs, North Carolina 27540 AUG 1
2008
Dear Ms. Sudano:
WETLANDS AND STORMWATER BRANCH
Please reference our letter of December 21, 2007, approving the repair and stabilization
plans for areas of Green Oak Parkway under violation of Section 404 of the Clean Water Act.
All permits associated with this project were suspended in a letter dated October 9, 2007, until
the areas under violation were repaired. Also reference a site visit on July 23, 2008, where the
completed stabilization was inspected by members of the U.S. Army Corps of Engineers (Corps),
the North Carolina Division of Water Quality, the Town of Holly Springs, Soil & Environmental
Consultants, and Kimley-Horn and Associates.
The meeting referenced above found all areas adequately repaired and stabilized, although
the construction techniques were altered by placing stone within the channel throughout the
repair area. The placement of stone within the channel in a manner not authorized by the Corps
is itself a violation of the Clean Water Act, resulting in a permanent impact of 0.0412 acre of
wetland, 23 linear feet of stream channel not exhibiting important aquatic function, and 99 linear
feet of stream channel exhibiting important aquatic function. Since the additional permanent
impacts appear to result in stable stream channels, and removal of the stone might have
unnecessary adverse effects on streams and wetlands, this violation will be allowed to remain in
place unless changed conditions warrant further action.
Please consider the suspension of the 404 permits identified under Action ID's 200620193,
200520778, 200320080, and 200800129, to be lifted with the receipt of this letter. Construction
pursuant to these permits can take place in the manner described in your permits. 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. It is also understood
that the plantings as described within the repair plan have not been completed due to weather
concerns, but will be completed this fall and will be assessed within the referenced monitoring
plans.
-2-
We appreciate your cooperation in this matter. If you have additional comments or
questions, please do not hesitate to contact Mr. Matthews at [phone], extension 30.
Sincerely,
S ,Kenneth Jolly, Chief
Regulatory Division
Copies Furnished:
Patrick Smith
S&EC
11010 Raven Ridge Road
Raleigh, North Carolina 27614
%,Mr. Danny Smith
N.C. Division of Water Quality
Mail Service Center 1650
Raleigh, North Carolina 27699-1650
U.S. Attorney
Eastern District of North Carolina
310 New Bern Avenue, Suite 800
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
N.C. Department of Environment
and Natural Resources
Division of Water Quality
Wetlands/401 Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604
Mr. Chad Evenhouse
Kimley-Horn and Associates
Post Office Box 33068
Raleigh, North Carolina 27636-3068