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Home My WebLink About20082167 Ver 1_Other Agency Comments_20080814DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS PO BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Division Action ID 200802167 Mr Burke Robertson WSSNA, LLC 492 N Main Street Mount Airy, North Carolina 27030 Dear Mr Robertson August 14, 2008 ??1 ,ds? o? Cy This refers to a recent site meeting between Ms Sue Homewood of the North Carolina Division of Water Quality (NCDWQ), your authorized agents, and yourself at the White Sulphur Springs subdivision near Mount Airy, Surry County, Nort I Carolina The purpose of the site meeting was to inspect impacts to a perenmaf stream completed without the required Department of the Army permit for areas subject' to our regulatory authority pursuant to Section 404 of the Clean Water Act Aquatic features on the project site drain to the Ararat River, a tributary in the Yadkin- Pee Dee River Basin The site visit revealed that 139 linear feet of jurisdictional stream channel had been impacted without a Section 404 permit during the construction of one road crossing This activity is considered a violation of Section 301 of the Clean Water Act You are directed to cease and desist from any further work in wetlands or waters on the property It is understood that additional impacts may be required for complete construction of the subdivision and that these impacts will be addressed during the permitting process It was also noted that the inspection found 1,600 linear feet of stream impact below the culvert resulting from improper sediment and erosion control activities which was also considered a violation by NCDWQ We have received, and are reviewing the after-the-fact permit for the unpermitted stream crossing A decision on this permit request should be forthcoming We have also received a stream restoration plan dated August 13, 2008, which involves the placement of 4 check dams within the stream to catch sediment for easier removal Typically, the Corps does not approve this type of mstream structure; but other removal methods you have tried have proven unsuccessful and appear to be further damaging this stream Since this comes with the endorsement of the NCDWQ, and because these impacts are temporary in nature with the check dams to be removed and the stream restored, we can authorized these temporary impacts via this enforcement action You may implement the restoration plan at your convenience Please note that any additional impacts to waters of the U S are not authorized without an approved permit Please contact Mr Matthews at telephone (919) 554-4884 x30 if you have any questions regarding this letter or the actions required on your part to resolve this violation Sincerely, Jean B Manuele, Chief, Raleigh Regulatory Field Office Copies Furnished United States 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 1650 Mail Service Center Raleigh, North Carolina 27699-1650 2 Mr Justin McCorcle Assistant District Council Wilmington District U S Army Corps of Engineers Post Office Box 1890 Wilmington, NC 28402-1890 Mr John Hennessy, North Carolina Department of Environment and Natural Resources Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 3