20160464 Ver 1_USACE Correspondence_20170929

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. SAW -2016-01442
Notification of Unauthorized Activi ermit Noncompliance
Permittee: BMR Land Company, LLC
Address: Attn: Sean Jones
109 South Wayne Avenue, Suite 200
Waynesboro, VA 22980
County Guilford
Agent: Wetlands & Waters, Inc.
Attn: Perry Isner
Address:2712 Minden Road
Pleasant Garden, NC 27313
Size and Location of Property (include waterbody, highway name/number, town, etc.) The proiect area is located on the west side of
Randleman Road, directly opposite its intersection with Shoffner Court, at 3262 Randleman Road, in Greensboro, Guilford
County, North Carolina.
Description of Permit Non-compliance: Please reference the Nationwide Permit 39 verified for use on 7/22/2016. This letter is the
result of a visit to Your property on 9/14/2017 where the extent of the permit non-compliance in wetlands was determined. The
permit non-compliance located on your property include the following:
1) Permit Drawings Sheet 3of 3, submitted with your application dated 4/29/2016, shows a 0.045 acre area of wetland to
remain undisturbed from the construction of the self -storage facility. However, the 9/14/2017 site visit found that the
drainage pipe shown to route drainage from the wetland to the other side of the facility is set approximately 3 vertical
feet below wetland grade. This grade difference is not shown on the plans and will result in the drainage of the
entirety of the remaining 0.045 acre wetland area.
Indicate which of the following apply:
Unauthorized Activity
River & Harbor Act, Section 10 (33 USC 403)
X Noncompliance with Permit X 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 or 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 me at [phone].
Remedial Action Requested:
Within 30 days of the date of this correspondence, resubmit the Pre -Construction Notice (PCN) for this proiect, adding an
additional line item to Section C.2 for 0.045 acre of wetland drainage, and re-signing and dating page 10. Further, to
compensate for the additional loss of wetlands associated with this Project, please contact Kelly Williams with the NC Division
of Mitigation Services (NCDMS) and request a new mitigation acceptance letter for HYdologic Unit Code 03030003; this
request should be for the entire amount of wetland fill and drainage (0.235 acre) at a 2:1 ratio. Once I receive your updated
PCN and NCDMS compensatory mitigation acceptance letter, I can verify the use of Nationwide Permit 39 with the new
compensatory mitigation requirement. Any questions regarding NCDMS invoice amounts should be directed to NCDMS.
If you need any clarification of this correspondence please don't hesitate to contact this office, attu: David E. Bailey at mailing
address 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587, e-mail David.E.BaileY2(ausace.army.mil,
or telephone [phone], ext. 30.

Your signature acknowledges receipt of this notification.
Property Owner/Responsible Party Signature
Amd..j
Field Office Chief Signature °°"'°"°° "°" FOR THE DISTRICT ENGINEER
Robert J. Clark
Colonel, U.S. Army
District Commander
Date: 9/29/2017
Copy furnished:
Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105
Kelly Williams, NCDEQ-DMS, 1652 Mail Service Center, Raleigh, NC 27699-1652
Page 2 of 2

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G NERAi NUTtS:
1. BOUNDARY AND TOPOGRAPHIC INFORMATION YAS OBTAINED FROM SURV IY PROVOED BY SGRCI LAND
SURVE)ING SURVE'ING, PLLC, DATED 1/2O/PDI&.
2. CONTRACTUR TO VERIFY ALL DIMEN90NS AND EXIS11HO FEATURES PRIOR TO COI ISTI UCTIC N.
3. IN17RT5 FOR EASTING UTILITIES SHAU BE VERIEED BY THE CONTRACTOR PRIOR TO CONSTmuCTION.
4. MATERIALS AND WORKMANSHIP TO CONFORM WITH STANDARDS AND SPECIFICATIONS OF LOCAL
A IRESOICTIONAL AUTHORIIES
5. POTTER, PHON I CABLE AND GAS SERI INSTALLATIDNS SHALL BE COORDINATED WITH LDCAL UTIUTII
PR OV DERS
6. ALL VIATER INSTALLATIONS ANO MATENALS SHALI BE IN ACCORDANCE WITH THE RECUIREMENTI OF
GREENSBORO UTILITIES AND NCDENR.
7. F RE HYDRANTS MUST BE IN PLI CE AND FI INCIIONAL BEFORE COMBUSTIBLE CONSTRUCTION BEGINS ON
SITE.
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1. ALI FlL SHALL BE PLACED IN LIFTS UNDER THE D1REC70N IF INDEPENDENT
SDILS TnSTING AGENCY,
2. ALL SIORM SEW7 15e AND LARGER MUST BE CLISS III RCP EXCENT AS
.IT IERVASE NOTED.
3. ALL STCRM SI SHALL BE INSTALLED AND BAWILIED UNDER THE
SUPENNSTON AND TESTING OF AN INDEPENDENT SOILS TESTING AGENCY.
-I. IMPORTEI I EL SHALL BE SUITABLE ST UGT IRAL 1`11_1 AND APPRCV D FOR
PLACEMENT BY THE GECTLCHN€CAL ENIINEEI
5, ANY SEDIMENT TRAC01) 0ISTR€ETE WITHIN THE DFAILOPMENT MOST DE
CLEANED DAILY.
6.CONTRACTOR TO ENSURE THAT ALL ROOF DRAINAGE DISCHARGES IN .
MANNER SO THAT IT IS ROUTED THROUGH THE PROPDSED BI
7.CONTRACTOR SHALL ENSURE POSVIVE DRAINAGE SO THAT RUNOFF NTLI
FEE, 11 BY GRAVITY AWAY FTIOM BUILDINGS AND ACEOSS WALES, OITCHES O1
OVERLAND SHEET FLOW.
S. STCRMWVATER RCP SHALL BE WVATFII—TIGHT O-RING GASKETED, VITH A
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GRADE UNLEIS OTHERVASE NOTED,
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GREENSBORO, NC 27410
PHONE (336) -IRA 9796 FAX [phone]N9u
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