20180774 Ver 1_Unauthorized Activity Letter_20180605

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. 2018 00930 County Caswell
Notification of Unauthorized Activity/Permit Noncompliance
Contact:Patricia A. Powell
Address: 193 Cascade Lane
Providence, NC 27315
Size and Location of Property (include waterbody, highway name/number, town, etc.) The project area is located on the east side of
Cascade Lane, approximately 0.1 mile south of its intersection with Shady Grove Road, at 193 Cascade Lane, in Providence,
Caswell County, North Carolina. Parcel #: 0032000001470000.
Description of Unauthorized Activity:Discharge of dredged or fill material extending into approximately 0.25 acre of wetlands
and 300 linear feet of an unnamed tributary to Little Mill Creek within the central portion of the property. The discharge of
dredged or fill material consists of on-site graded soil (approximately 1 to 3 feet thick) and a plastic culvert pipe
(approximately 15 linear feet long). This letter is the result of a visit to your property on 5/11/2018 where the extent of the
unauthorized activity in wetlands and streams was determined.
Indicate which of the following apply:
__X__ Unauthorized Activity _____ River & Harbor Act, Section 10 (33 USC 403)
_____ 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: The unauthorized activity, as described above and shown on the attached sketch entitled
“Unauthorized Activity Sketch”, was undertaken for the apparent purposes of site access (road crossing) and site aesthetics
(clearing and grading). You have the option of either voluntarily restoring the wetland and stream areas or applying for an
after-the-fact permit. It is our understanding based on your conversation with Mr. David Bailey of my staff, that you plan to
restore the wetland and stream areas within the clearing and grading area to pre-existing conditions. In order to restore the
wetland and stream areas, the following activities are required:
Within 30 days of the date of this document, complete the following:
a. Within the unauthorized grading area of the wetland areas (see attached “Unauthorized Activity Sketch”),
remove all dredged or fill material down to preconstruction soil surface, elevation, and contours. Areas of
compacted soil must be tilled following material removal. The current bottom of the flow channel of the stream
should be left alone;
b. All material removed from wetland areas must be place and stabilized in upland areas;
c. Seed the disturbed area with seasonally appropriate native annual grass seed, typically either rye (Secale cereal)
or wheat (Triticum aestivum) seed;do not use Fescue. Once seeded, stabilize the seeded area with either wheat
straw, mulch, or biodegradable matting such as coir fiber or jute, and allow vegetation to grow to prevent
erosion;
d. Once complete, document the restoration activity by submitting pictures of the restored wetland stream areas (via
email is fine) and scheduling a follow-up site visit.
It is our understanding that you plan to apply for an after-the-fact permit for the road crossing through wetlands and streams.
In order to apply for authorization for this crossing, you must fill out a Pre Construction Notice (PCN). The PCN can be filled
out on-line at the link below, or you can print it from the website and fill out a paper copy:
https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-
permits/401-application-forms-help-documents
In addition to the PCN, submit a plan view of the overall road crossing, as well as zoomed-in plan and profile views of the
proposed crossing (see attached example). You must submit the PCN and plans within 30 days of the date of this document.
Please contact Mr. Bailey if you need assistance completing the PCN.
If you need any clarification of this correspondence please contact this office, a
Attn: David E. Bailey, at mailing address 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587, e-mail
[e-mail], or telephone [phone], ext. 30.
Your signature acknowledges receipt of this notification.
Property Owner/Responsible Party Signature ________________________________________________________
Field Office Chief Signature FOR THE DISTRICT ENGINEER
Jean B. Gibby
Chief, Raleigh Regulatory
Field Office
Date: 5/16/2018
Copy furnished:
Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105
GIBBY.JEAN.B.12297
83633
Digitally signed by GIBBY.JEAN.B.1229783633
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
ou=USA, cn=GIBBY.JEAN.B.1229783633
Date: 2018.05.15 14:08:11 -04'00'
Unauthorized Activity SketchSAW-2018-00930Patricia Powell property193 Cascade LaneProvidence, Caswell County
US ArmyCorps of Engineers
³0 100 20050Feet
Uplands
Off-site Pond
Wetland/Streamcontinues off-site
Review Area
Uplands
Uplands
WetlandFlag W-1
W-2
W-5
W-12
W-13
W-16 W-9
W-7
WetlandFlag W-19
W-18
W-15 W-10
Up-1
Up-4 Up-6
Wetlands
Streams
Unauthorized RoadCrossing
Unauthorized Grading
Wetlands
Streams
Unauthorized RoadCrossing
Wetlands and Streams SketchSAW-2018-00930Patricia Powell property193 Cascade LaneProvidence, Caswell County
US ArmyCorps of Engineers
³0 100 20050Feet
Uplands
Off-site Pond
Wetland/Streamcontinues off-site
Review Area
Uplands
Uplands
WetlandFlag W-1
W-2
W-5
W-12
W-13
W-16 W-9
W-7
WetlandFlag W-19
W-18
W-15 W-10
Up-1
Up-4 Up-6
Wetlands
Streams
60” Double Wall Plastic Pipe 60” Double Wall Plastic Pipe 2’ compacted fill dirt over pipes 24’ pipe 24’ pipe Class B Rip Rap Class B Rip Rap 6” Crush and Run on top of 2’ compacted dirt 12’ driveway width Pipes will be buried 1’ below the elevation of the existing stream Plan View and Profile View Example