20170272 Ver 1_Corps of Engineer Correspondence_20170601

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF
June 1, 2017
Regulatory Division/1200A;�o ePa rtrrnent Of
Action ID: SAW -2016-02190 FieceivaedQudlit'y
JUN P �i 2017
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Mr. James Parker, Jr.
Green Level Group, LLC
504 Meadowlands Drive
Hillsborough, North Carolina 27278
Dear Mr. Parker:
Please reference our December 14, 2016, letter to you regarding the unauthorized discharge of
dredged or fill material into waters of the United States, specifically an unnamed tributary to
Otter Creek and wetlands abutting Otter Creek, on property (Bedford Hills residential
development, Phase 1) located on the east side of NC 49 and on the south side of Mebane Rogers
Road, approximately 0.3 mile east of their intersection, in Green Level, Alamance County, North
Carolina. Based on a site visit conducted on May 31, 2017, by Mr. David E. Bailey of our
Regulatory staff, as well the after -the -fact Nationwide Permit 29, verified for use on May 17,
2017, the U.S. Army Corps of Engineers, Raleigh Regulatory Field Office (Corps) has
determined that you have resolved the violations of Section 301 of the Clean Water Act (33 USC
13 11) by satisfactorily completing the following measures: 1) re -flagging the boundary of
wetland WA along the southeast side of Donelson Way; 2) removing all discharged dredged or
fill material from within the wetland boundary down to pre -disturbance elevation and contours;
3) re -grading the fill slopes above the wetland line to a stable slope and stabilizing to prevent
future runoff; 4) placing a silt fence along the re-established wetland boundary; 5) seeding the
disturbed areas with seasonally appropriate native annual grass seed and mulching/straw; and 6)
seeking and receiving after -the -fact authorization for the northern creek crossing, as well as
authorization of the proposed southern creek crossing, from the Corps.
Accordingly the Corps will take no further action in this matter and close our file as of the
date of this letter. Note that you must continue to comply with all terms and conditions and
special conditions of the Nationwide Permit 29, verified for use on May 17, 2017, for all phases
of the Bedford Hills residential development. Please be cautioned that the Corps may consider
any future unauthorized work of similar nature in waters of the U.S. a willful and intentional
violation of Federal law and may result in immediate referral of the matter to the U.S. Attorney
or the U.S. Environmental Protection Agency with recommendation for civil and/or criminal
prosecution.
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Thank you for your time and cooperation in resolving this matter. If you have any questions
or comments in this matter or any future permit inquiries, please contact Mr. Bailey at (919) 554-
4884 extension 30 or [e-mail].
Copies Furnished:
Mr. Chad Abbott, PE
Summit Design and Engineering Services
504 Meadowlands Drive
Hillsborough, North Carolina 27278
Ms. Sue Homewood
Division of Water Resources
North Carolina Department of
Environmental Quality
450 W. Hanes Mill Rd, Suite 300
Winston-Salem, North Carolina 27105
Sincerely,
A',� wk, �-
Jean B. Gibby`� v
Chief, Raleigh Regulatory
Field Office
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