20160502 Ver 1_Other Agency Correspondence_20180830

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Regulatory Division/1200A
Action ID No. SAW-2014-00891
DEPARTMENT OF THE ARMY
WILMINGTON DIS7RICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORiH CAROLINA 28403-7343
August 27, 2018
Mr. Mike Mills, P.E.
North Carolina Department of Transportation
Division 7, Division Engineer
Post Office Box 14669
Greensboro, North Carolina 27415-4996
Mr. Gray Kirkpatrick
Triangle Grading & Paving, Inc.
Post Office Box 2570
Burlington, North Carolina 27216-2570
Dear Messrs. Mills and Kirkpatrick:
Please reference our letter to you, dated September 11, 2017, regarding non-compliance
with the Nationwide Permit 14 verified for use on June 15, 2016, for the replacement of Bridge
40 with a 14 x 12 foot double barrel box culvert, located on SR 1116 (Bishop Road) in
Greensboro, Guilford County, North Carolina. Based on vazious email correspondences and site
visits, 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
1311) by satisfactorily completing the following measures: 1) abiding by the recommendations
listed in the email from NCDOT Roadside Environmental Unit, dated September 6, 2017, as
applicable to authorized impacts to waters of the US; 2) 2) providing a plan specifically detailing
how the diversion dikes would be installed/reinforced to avoid future failures/breaches during
expected high flows; 3) providing a plan detailing the size of the diversion pipe to be used to
pass expected high flows without contributing to on-site sedimentation and downstream
turbidity, and 4) carrying out a follow-up site visit to discuss the non-compliance issues in our
September 1 l, 2017 letter. Importantly, the Corps conducted a final site visit on August 2, 2018
and determined that the project was complete and stable, and constructed in accordance with our
June 15, 2016 authorization.
Accordingly the Corps will take no fuRher action in this matter and close our file as of
the date of this lettec Note that you must continue to comply with all terms and conditions and
special conditions of the Nationwide Permit 14. Please be cautioned that the Corps may consider
any future unauthorized work of similar nature in waters � t'a�e U_S. ar�w�'�I�lVfu7l andDntentional
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AUG 3 0 ?.01�3
pENR•WATERIiESOUNCES
7MNBpORTATION PERMfITN10 UIKi

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violation of Federal law and may result in immediate referral of the matter to the U.S. AtYomey
or the U.S. Environmental Protection Agency with recommendation for civil and/or ctiminal
prosecution.
Thsnk you for your time and cooperation in resolving this matter. If you have any
questions or comments in this matter or any fut�ue permit inquiries, please contact Mr. David
Bailey at [phone] extension 30 or David.E.Bailev2(�usace.armv.mil.
Sincerely, �
c
�onte
Lead Project Manager
Capies Furnished:
Mr. Jerry Perker
Division Environmental Supervisor, Division 7
North Catolina Departrnent of Transportation
Post Qffice Box 14996
Greensboro, North Csrolina 27415
Mr. Christopher Kirkman
North Carolina Department of Transportation
Division 7, Residern Engineer
115 Esst Crescent Squace Drive
Graham, North Carolina 27253
Mr. Aaron Harper
Notth Carolina Deparhnent of Transportation
Roadside Environmental Unit
Post Office Box 429
Sanford, North Carolina 27330
Ms. April Norton
Transportation Permitting Unit
Division of Water Resources
North Carolina Depaz�uent of
Environment and Natural Resources
1617 Mail Service Center

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Raleigh, North Cazolina 27699-1617
U. S. Attorney
Eastern District of NoRh Cazolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Cazolina 27611
Ms. Molly Davis, Chief, Wetlands Enforcement Section
Water Protection Division, Clean Water Enforcement Branch
US Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Blind Copies Furnished:
CESAW-OC/Pruitt — electronic
CESAW-RGR/Gibby