20081610 Ver 1_Other Agency Comments_20081125

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NOV 2 5 2008 U.S. ARMY CORPS OF ENGINEERS U $ - 1 l0 10
DENR-WATER QUAL1TY Wilmington
District
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SAW-2008-03084 County: Orange
NOTIFICATION OF UNAUTHORIZED ACTIVITY / PERMIT NONCOMPLIANCE
Responsible
Party William Blackwood
1422 Mount Carmel Church Road
Address. Chapel Hill, North Carolina 27514
Authorized
Agent
Address
Telephone Number 919-933-0561
Telephone Number,
Size and Location of Property (waterbody, Highway name/number, town, etc.): Approximate 96
acre tract located at 1422 Mount Carmel Road, near Chapel Hill, Orange County, North Carolina.
Description of Unauthorized Activity / Permit Noncompliance: On 28 August 2008, an inspection
was conducted at this site. Based on the previously submitted information and the site visit, a
determination was made that approximately 400 linear feet of stream channel, which lacked important
aquatic function was filled for ground leveling purposes. On October 22, 2008, we received your
application for a Nationwide Permit (NWT) 40 for Agricultural Activities. The Corps does not plan to
issue a verification of the project under NWP 40, but the project is authorized by a Nationwide Permit
(NWT) 18, which did not require prior notification to the Corp of Engineers. However, the inspection
revealed that the site was not in compliance with NWP General Condition #12, which states, "Appropriate
soil erosion and sediment controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark
or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are
encouraged to perform work within waters of the United States during periods of low-flow or no-flow."
Indicate Which of the Following Apply:
Unauthorized Activity River and Harbor Act, Section 10 (33 USC 403)
_M _Noncompliance with Permit F1 Clean Water Act, Section 301 (33 USC 1311)
Unless you have a Department of the Army Permit for the above described activity, it is a violation of federal law
as specified above. You have agreed to do no further work in waters or wetlands without the required Department
of the Army Permit. Any further unauthorized work in waters or wetlands will be considered an intentional
violation of federal law. If you do no further work in waters and wetlands, and perform the remedial action
requested below, the Corps of Engineers will take no further action in this matter. If you continue to
work in waters and wetlands without the required authorization, and/or fail to perform the requested
remedial action, the Corps will take further administrative action, and may request the U.S. Attorney to
file suit against you. If you need further information about the Corps of Engineers regulatory program,
please contact Andrew Williams at telephone number 919-554-4884 ex. 26
Remedial Action Requested: 1. install and maintain appropriate sediment and erosion control measures
at the site. 2. provide any and all documentation regarding the current sediment and erosion control
measures in use at the site. 3. provide plans and an implementation timetable for restoration activities
downstream of the permitted activity. 4. provide any and all documentation from the State Division of
Water Quality and the Orange County Sediment and Erosion Control Division, that indicates past and
current status with state and local erosion and sediment control regulations.
In the future, prior to the placement of any fill material on property that you own, you are advised to
contact the United States Army Corps of Engineers to assist in making a determination if the placement
area is a water of the United States.. Waters of the United States include perennial and intermittent
streams, any ponds contructed within these stream types and all adjacent wetlands.
Your signature acknowledges receipt of this notification. Return a signed copy of this notification to
the Raleigh Regulatory Field Office in the enclosed pre-addressed envelope.
Property Owner / Responsible Party Signature
Regulatory Project Manager Signaturezid
Date ?o Noy- aO o g
WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CF:
Lauren Witherspoon
Environmental Senior Specialist
North Carolina Department of Natural Resources
Division of Water Quality
3800 Barrett Drive
Raleigh, North Carolina 27609
Eric W. Kulz
Environmental Specialist
401 Oversight and Express Permitting Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Everett Knight, PE
Director of Stormwater Services
McKim & Creed
Venture IV Building, Suite 500
1730 Varsity Drive
Raleigh, North Carolina 27606