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Home My WebLink About19910259 Ver 1_COMPLETE FILE_19910101 lIIIMANT CALLED TO SEE YOU WANTS TO SEE YOU URGENT RETURNED YOUR CALL N.C. Dept. of Environment, Health, and Natural Resources @ Printed on Recycled Paper ___ANT To JD I.iV\J Date S /'3 Time 1122- WHILE YOU WERE OUT M !)1fU-A} ffo<-(,~ of Phone '7 ('1 / 2 b- - tJgs-;g AREA CODE ( NUMBER EXTENSION TELEPHONED CALLED TO SEE YOU WANTS TO SEE YOU PLEASE CALL WILL CALL AGAIN URGENT RETURNED YOUR CALL Message {;(..l.fA-Pt>AI'> Gc...Jt'1 ~ Z~~~ ~~ ~cJ2A~ ~ 7Olv--ior X-1J ~- ~ l \ 'CJf' N.C. Dept. of Environment, Health, and Natural Resources ~ ~ Melos Investment U. S., Inc, d, b. a. Greensboro Golf Center 2007 E Boulevard St. Greensboro, NC 27407 :~';::;';~' . September 25, 1991 Mr. Ronald E. Ferre 11 State of North Carolina Dept. of Environment, Health & Nablral Resources Division of Envirormental Management '512 North Salisbury St. Raleigh, NC 27604 Re: 1-85 & Vandalia Rd., Greensboro NC, Golf Range & Par 3 Course Ccmnercial 25.6 Acre Tract. Dear Mr. Ferrell: This letter is a follow up to our phone conversation and verbal agreement pertaining to the parking lot area at the subject property. We will install a block retaining wall between the upper & lower parkin;r lot to contain any possible erosion or run off fran the upper parkirlg lot in the areas not adjacent to the large Naegele sign which already has rip rap adjacent to it. The lower parking lot will be paved as the upper lot with a grassed buffer area & benn between the laver parking lot and existing stream. We thank you for your cooperation and agreement in sorting out the canpletion of the Par 3 Golf Course and we look forward to the issuance of the 401 certification and a No. 26 permit to finish the project. na cc John T. Thanas, Jr. U.S. Corps of Engineers 11413 Falls of the NeUse Rd. Wake Forest, NC 27587 State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street · Raleigh, North Carolina 27604 James G. Martin, Governor William W Cobey, Jr., Secretary George T Everett, Ph.D. Director September 25, 1991 Regional Offices Mr. Dallas Holleman Asheville Proj ect Manager 704/251-6208 The Surrnni t Group Fayetteville Post Office Box 20'834 919/486-1541 Greensboro, North Carolina 27420 Mooresville 704/663-1699 Dear Mr. Holleman: Washington 9191946-6481 Proposed Fill in Headwaters or Isolated Wetlands Golf driving range and Par 3 golf course Guilford County Project # 91249, COE# 199102622 Raleigh Subject: 919/733-2314 Wilmington 919/395-3900 Upon review of your request for Water Quality Certification to place fill material in 1.4 acres of wetlands for golf course construction located at 1-85 and Vandalia Road in Guilford County, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2176 issued. November 4, 1987. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 26. In addition to the General Certification's conditions, the notes on the map attached to your 12 September 1991 letter (i.e., 100 foot stream buffers) shall be followed and are a condition of this certification. Winston-Salem 919/896-7007 If you have any questions, please contact John Dorney at 919/733-5083. GTE: JD Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Regional Office Winston-Salem Regional Office Mr. John Dorney Central.Files Division of Coastal Management, Raleigh Sincerely, /L~~ / ~G~T. Ever~ Po. Box 29535, Raleigh, North Carolina 27626D535 Telephone 919-733-7015 / Pollution Prevention Pays An Equal Opportunity Affirmative Action Employer THE SUMMIT GROUP Engineering, Architecture, Land Planning, Land Development & Complete Surveying Services P.O. Box 20834 Greensboro, NC 27420 Telephone, 919-275-0858 September 12, 1991 Re: 1-85; Vandalia Rd. Mr. R~nald E. Ferrell State of N.C. Dept. of Environment, Health & Natural Resou Division of Environmental Management 512 North Salisbury Street Raleigh, N.C. 27604 Dear Mr. Ferrell: As per our meeting on September 4th, I am enclosing three (3) prints of the revised site plan showing the 100 feet buffer zone that you asked to be retained in the wetland area an4 the buffer on the south side of the main stream riot in the wetlands. It is also understood that the wetlan~s now disturbed in this zone are to be returned to ~he original grade as near as possible and seeded. I hope this plan meets with yo~r approval so that the owner can be issued a 401 certification and a permit No. 26 to complete this project. Thank you for the cooperation that you have given us on this project. If you need anything further, please call me. Sincerely, c.c John T. Thomas, Jr. U. S. 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HOLLEMAN - TRULOVE ASSOCIATES Land Planning, Land Development, Engineering & Design, Complete Surveying Services 305 Blandwood Avenue P,O, Box 20834 Telephone 919-275-0858 Greensboro, North Carolina 27420 July 25, 1990 Mr. Wi 11 iam Mill s N.C. Division of Environmental Management P.O. Box 27687 Raleigh, N.C. 27611 Dear Mr. Mills: This is a request for permission to place fill dirt in the area adjacent to the creek located at Vandalia Road and Tolar Drive as shown on the attached map and to be covered by the general certification for the fill above the headwaters. Sincerely, ~~ R JI~~" Dallas R. H()lleman - .......:'~ .... - I i o ______ ------ o ::a --------.... i ~ ~ N ,. or. . ----, ~-----~ ~ -I!t---J--_l I. I 0 ~ U04 C4 I a @() I I~: 1____- ~ -- -- TJ. o~ I . I I o r---- - - - - ~- - -- I I I I _ _ _ _ L _ _-- '\..." ", :f. ~, .... '~j ~ o 1_- . I \_J i ('; ~. "t J;_. , i~i; I I I .. ) I a () 1 I ,.~I a------: 'r, I z - - - -. 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BOX 1890 WilMINGTON, NORTH CAROLINA 28402-1890 July 18, 1990 IN REPLY REFER TO Mr. Dallas Holleman Holleman-Trulove Associates Post Office Box 20834 Greensboro, North Carolina. 27420 Regulatory Branch SUBJECT: CESAW-C090-J-041 and Nationwide Permit No. ( " I '<:.n ,-;p <- Dear Mr. Ho.lleman: Please reference your meeting of July 3, 1990, with Messrs. David Lekson and John Thomas of my staff onsite of the Me10s Investments Company property at the intersection of Vanda1ia Road and Tolar Drive, adjacent to an unnamed tributary to South Buffalo Creek, in Greensboro, Guilford County, North Carolina. Also in attendance was Mr. John Leonard, Carolina-North America Company. The purpose of this meeting was to address unauthorized filling activity undertaken on the property, and to delineate waters and wetlands subject to Department of the Army permitting authority. The inspection revealed that the developers have adversely modified (filled, drained) greater than an acre of waters and wetlands on the site. The meeting also revealed that you propose to fill a total 4.98 acres of waters and wetlands to create high ground property for a commercial development (shopping center, hotels, driving range, banks). As discussed, this work may qualify for Federal authorization pursuant to nationwide permit (33 CFR 330.5(a) (26)). Please complete the enclosed pre-discharge notification (PDN) form and submit it with a copy of your Section 401 Water Quality Certification from the North Carolina Division of Environmental Management. A Section 401 Water Quality Certification is required to validate nationwide permit No. 26 in the State of North Carolina, and therefore, must be submitted with the PDN application. We cannot proceed with the processing of your application until we have received your completed PDN form and the 401 Certification. You should contact Mr. William Mills, N. C. Division of Environmental Management, (91~) 733-5083, to obtain the necessary Section 401, Water Quality Certification. Thank you for your time and cooperation. Questions or comments should be addressed to Mr. David Franklin, Regulatory Branch, Wilmington Office, telephone (919) 251-4952. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure \_' . ~ ~~ -2- Copies Furnished (without enclosure): Mr. John Leonard Carolina-North America 3021 Spring Garden Road Greensboro, North Carolina 27403 Mr. William Mills Division of Environmental Management North Carolina Department of Environment, / Health, and Natural Resources \I ~ost Office Box 27687 Raleigh, North Carolina 27611-7687 Regional Office Manager North Carolina Department of Environment, Health, and Natural Resources 8025 North Point Boulevard Suite 100 Winston-Salem, North Carolina 27106 Mr. John Paschal City of Greensboro Sedimentation and Erosion Control Drawer W-2 Greensboro, North Carolina 27402 ..1:.:.. .,.,... f;7 -. ~ State of North Carol in: Department of Environment, Health, and Division of Environmental Mana: I 512 North Salisbury Street · Raleigh, Norti James G. Martin, Govemor William W. Cobey, Jr., Secretary June 17, 1991 Mr. Dallas R. Holleman Holleman-Truelove Associates 305 Blandwood Avenue Post Office Box 20834 Greensboro, North Carolina 27420 Dear Mr. Holleman: ,Ir- q!il'iL~ CAJE et~ ~~.J-&i":c ~ tJ.eY ~ . 'PuPM2 ~ N~ iv ~Je- qO) ~tX!Jlss. ~ (Jib lE' ~oJ' ~ U ~'.. ~ ~&A-,J:(r dffr' C~-t- :;~') ~~ fh' On 6 February 1991, I sent a letter requesting information from you in order for the Division of Environmental Management to process your 401 Certification. A copy of that letter is attached. I have not yet received a response. Please advise as to whether this project is still being pursued. I can be reached at 919/733-5083. SiL~ ~n R. Dorney / JRD/kls Holleman.ltrj401-D-5 Attachment cc: John Thomas, CaE Eric Galamb, WSRO REGIONAL OFRCES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-]541 704/663-1699 919/733-2314 919/946-648] 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer ~ ~ State of North Caronna Department of Environment, Health, and Natural Resources DMsion of Environmental Management 512 North Salisbury Street · Raleigh, North CaroOna 27611 James G. Martin, Govemor 'WiUiam W. Cobey, Jr., Secretary February 6, 1991 George T. Everett. Ph.D. Director \ Mr. Dallas R. Holleman Holleman-Truelove Associates 305 Blandwood Avenue Post Office Box 20834 Greensboro, North Carolina 27420 Dear Mr. Holleman: With regard to your request dated July 25, 1990 for a 401 Certification, I understand from John Thomas (COE) that you. recently had the wetlands delineated and certified. If you still want to pursue a 401 Certification, please send two copies of the map, a PDN form and letter explaining the purpose of the fill. I apologize for the tardiness of this response. Since we .. did not get a PDN form, you letter found its way to the bottom of an inbox. Please call me at 919-733-5083 if you have any questions. Sincerely, 4~1-'bv John R. Dorney JRD/kls Holloman.ltr/401 cc: John Thomas, COE PoIudon Prevention Pays P.O. Box 27687. Raleigh. North Carolina 27611-7687 Telephone 919-733-7015 A r_.._1 ,.....___-"-__:...... A.I:::I:__"':".~ ^_.&J__ I:'__I.....~.-._ q ( g.~ / DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS RO. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO July 15, 1991 / .i\(;?,"17i/ 1';'~~~ /f~:\:<::"."v" e.~:'</<~:~ ,~t~:~: .:_\ <' -\~. ~ I~:';) . \'~;~ ~~ ~:; ~-:"'~ ~). ~'.. ~ ~ \. .. \:': o:.Z... \" ~ J C...}'l {t:,.,."' ,".) ',,', _/ o'-..J " (\ :; ..,\ ~ ) ~ lS _~.L. ~ ..~\,..) ~L\() Regulatory Branch Action ID. 199102622 Mr. Dallas Holleman Holleman-Trulove Associates Post Office Box 20834 Greensboro, North Carolina 27420 Dear Mr. Holleman: Please reference my letter to you of July 18, 1990 concerning the Melos Investments Company property located at the intersection of Vandalia Road and Tolar Drive, adjacent to an unnamed tributary to South Buffalo Creek, in Greensboro, Guilford County, North Carolina. In that letter you were advised that, as a result of a site visit conducted by my staff on July 3, 1990, we had learned that you had adversely modified greater than an acre of waters and wetlands on the site by your fill and drainage activities. In addition, you were advised that your existing and proposed work within wetlands would require Department of the Army (DA) permit authorization. On July 2, 1991, Mr. John Thomas of my staff inspected the subject property. The inspection revealed that you have adversely modified, by drainage and fill activities, additional areas of wetlands on the property subject to our regulatory jurisdiction (approximately 2 acres total). This recent construction occurred after the referenced letter advised you that DA permits were required for such work. As was stated in my letter to you of July 18, 1990, these fill activities within wetlands, conducted without authorization by a DA permit, constitute a violation of Section 404 of the Clean Water Act. As you agreed in a telephone conversation conducted on July 2, 1991 with Mr. John Thomas, you should cease and desist from any further work within wetlands on the property pending resolution of this matter. The project site is located above the headwaters of an unnamed tributary to South Buffalo Creek. Accordingly, this work may qualify for Federal authorization pursuant to nationwide permit (33 CFR 330.s(a) (26)). You should complete the enclosed pre-discharge notification (PDN) form and submit it with a copy of your Section 401 Water Quality Certification from the North Carolina Division of Environmental Management, within 30 days of your receipt of this letter. The Section 401 Certification is required to validate Nationwide Permit No. 26 in the State of North Carolina; therefore, it must be submitted with the PDN application. We cannot proceed with the ~~ ~. ~.. -2- processing of your application until we have received your completed PDN form and the 401 Certification. You should contact Mr. John Dorney, N. C. Division of Environmental Management, (919) 733-5083, to obtain the necessary Section 401, Water Quality Certification. Upon receipt and review of the above information, we will then determine further appropriate administrative or legal action. Please note that failure to honor your agreement to stop all work in jurisdictional wetlands and submit the required PDN form will result in a formal Cease and Desist Notice from our District Engineer as well as a possible referral to the United States Attorney. Questions or comments should be addressed to Mr. John Thomas at the Raleigh Regulatory Field Office, telephone (919) 846-0648. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Leonard Carolina-North America 3021 Spring Garden Road Greensboro, North Carolina 27403 Mr. John Dorney Division of Environmental Management N6fth Carolina Department of Environment, v/ Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Regional Office Manager North Carolina Department of Environment, Health, and Natural Resources 8025 North Point Boulevard Suite 100 Winston-Salem, North Carolina 27106 Mr. John Paschal City of Greensboro Sedimentation and Erosion Control Drawer W-2 Greensboro, North Carolina 27402 State Property Office North Carolina Department of Administration 116 West Jones Street Raleigh, North Carolina 27603 Mr. Stephen West Assistant United States Attorney Eastern District of North Carolina Post Office Box 26897 Raleigh, North Carolina 27611 Ms. L. K. (Mike) Gantt, Field Supervisor U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 U.S. Environmental Protection Agency - Region IV Wetlands Section - Water Quality Branch 345 Courtland Street, N.E. Atlanta, Georgia 30365 Mr. John Parker North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 -- - DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS po. BOX 1890 WilMINGTON. NORTH CAROLINA 28402-1890 \ \ (1 \ '-. /,' IN REPLY REFER TO July 31, 1991 Regulatory Branch Action ID. 199102622 Mr. John J. Leonard Centerstate Mortgage and Loan Company 2007 East Boulevard Street Holden Executive Center Greensboro, North Carolina 27407 .,~ " "'. ~.. ,r' Dear Mr. Leonard: \. \. ,. Reference your meeting of July 23, 1991 ~ith' Mr. 00hn Thomas' of my staff on the Melos Investments Company property 'at, .the inters13ction of Vandalia Road and Tolar Drive, adjacent to an unnamed tr~butary to,'south Buffalo Creek, in Greensboro, Guilford County, North Carolina.Th~l~urp~~e of this meeting waS to discuss your fill activities within 4.98 acres;of wetlands on the property. . You were personally advised during your m~~Ings of June 27, 1990 and July 3, 1990 by Mr. David Lekson of my staff that wetlands were located on the property and that discharges of fill material associated with your grading, clearing, and drainage activities within these wetlands required Department of the Army (DA) permit authorization. During the July 3, 1990 meeting, my staff flagged the wetland limits which were later surveyed by your engineering consultant for your reference and planning. As per your agreement at the June 27, 1990 meeting, you were to do no further work within wetlands until the DA permit issue was resolved. Work has continued within wetlands on the property, even after our letter to Mr. Dallas Holleman (copied to you) of July 15, 1991, in which you were notified that your fill activities within wetlands were unauthorized and reminded that you must apply for Federal permit authorization for any fill activities within wetlands on the site. Your fill activities within 4.98 acres of wetlands adjacent to the aforementioned tributary, conducted without DA permit authorization, constitute an apparently willful and intentional violation~of Section 404 of the Clean Water Act. You are directed to cease and desist immediately from any further work in the wetland area and to submit a detailed written explanation of your activities to this office within 10 days of your receipt of this letter. Upon our review of this information and further analysis of the site, we will then determine appropriate administrative or legal action. Failure to comply with this directive will result in referral to the United states Attorney with a recommendation for civil prosecution. ""'.... , . ~ // ./ / / v/ -2- If there are questions, contact Mr. John Thomas, Raleigh Regulatory Field Office, telephone (919) 846-0648. ~ copies Furnished: Mr. Robert H. Edmunds, Jr. united states Attorney Middle District of North Carolina Post Office Box 1858 Greensboro, North carolina 27611 Ms. L. K. (Mike) Gantt Field supervisor U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 \:,,'" Sincerely, Walter S. Tulloch Colonel, Corps of Engineers District Engineer u.s. Environmental Protect~on \ .,'.. Agency - Reg ion IV\. ":-t.: , Water Quality Management Branch Wetlands Regulatory Unit . 345 courtland street, N.E~. Atlanta, Georgia 30365:::.., -, Mr. John Parker .,'1' Division of Coastal Management.... .. ~,. North CarGlina pepartment of Environment, Health and Natural Resources Post Of~ice Box 27687 Raleigh, North Carolina 27611-76~7 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, ~ealth and Natural Resources \r'Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Dallas R. Holleman Holleman-Truelive Associates Post Office Box 20834 Greensboro, North Carolina 27420 state Property Office North Carolina Department of Administration 116 West Jones street Raleigh, North Carolina 27603 Mr. Larry Hardy National Marine Fisreries, NOAA Habitat conservation Division pivers Island Beaufort, North Carolina 28516 Regional Director National Marine Fisheries Services, NOAA Duval Building 9450 Koger Boulevard Saint Petersburg, Florida 33702 Regional Office Manager North Carolina Department of Environment, Health and Natural Resources 8025 North point Boulevard suite 100 Winston-Salem, North Carolina 27106 City of Greensboro Sedimentation and Erosion Control c/o Mr. Johnny Pascal Post Office Box 3136 Greensboro, North Carolina 27402 Mr. Don Clapp 2118 Highway N.C. 61 Liberty, North Carolina 27298 "'tfr" NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES WINSTON-SALEM REGIONAL OFFICE DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION August 8, 1991 To: ___~jitlit~'f Through: Steve Mauney ~ From: Eric Galamb ~ SUBJECT: 401 Certification Dallas Halleman Golfcourse - Fill in Wetlands Guilford County M E M 0 RAN DUM You and I made a site inspection on July 31, 1991. Because of the grading activities and the COE cease and desist July 25, 1991 letter (attached), I feel that you should take the lead on this project. Obviously, over 2 acres of wetlands had been adversely impacted at the time of our inspection. Should you require further service, please advise. cc: WSRO .. l^,lE'rL/\NL'~ F~i\'i' _r NC~ s \' ~'T'F~'-~ ~..\\_-\:..;<. -':: ,:'F':' Project "0. 0' (iese> ipt ic",~_~(l5~~)\\~~fAJ~- ~I! Location ~~,\\r ~ , ~~~~~Ysa;ifn~\:1<"R ffiNeare~st_ lOde! '-)1 t.own____~-~lu).'() Nearest stream 5. ~~ - _~~and classification C-- tV5vJ ~valuator qR1) ~ (J- t 4gency and address \)~)/Y\ \p) I~ I j 1'71 /~ f ~--1l ~ M~~&~ ~U\O()t ' Approximate size of wetland system ~ acres Approximate extent of wetlands in area In acres within 'Iv miles Three most common plant species (in order) : Date and time evaluated Major Wetland Type (>A.~ Ir!~/ f1CU. Soil Series (if known) NO Hydrologic indicators Direct surface hydro log C Existing Conditions Drainage Disturbance Restoration potential' Restoration value r Is site known to provide habitat for rare, endangered or threatened species? ~ () If so, list species observed or recorded. Item No. Score (circle one) I. Location/Landscape @ 1 Natural area buffer 5 2 Sensitive watershed ~ 4 3 2 cl> 0 3 Dispersal corridor system 5 4 3 2 0 II. Ecological Values @ 4 Special ecological attributes 5 4 3 2 1 5 Wildlife habitat 5 4 3 ~ 1 0 6 Aquatic life 5 4 3 1 0 7 Water storage 5 4 3 1 0 8 Streambank stabilization 5 CD 3 2 1 0 9 Removal of pollutants 5 4 Q) 2 1 0 III. Human Values ~~ 10 Outdoor recreation/education 5 4 3 2 11 Economic value 5 4 3 2 Site I '-\ \'. c L ~ ~ 7 description and notes:' ,l. I 0 " \..,~ ,,~) \\11\ ;I~l vk/U 'Ur~- lY\ ~\~Cv-/ (0\\V$jvJ) -~,,\c, W\ 13 ' Total score 8~1 D t,.- 5) fe- , i -~.-.~ IMPORTANT To ,. Time /1 36 WHILE YOU WERE OUT M 0 f..M k;I . Wr-- of Phone q,'1 ;)?S' og~6 AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message ~/~'11 ~f~ . DeJV1!ttE. ~ S~. ~J. 16JJ M,,^ 1J.1'/-I--1' tIA waL J MO~:b''".t.l S ~gned N.C. Dept. of Environment, Health, and Natural Resources ~ , , ~ . . :jJ" , M 0 To,J . p~ g/>/9! \~ ft,Cj;L ~Mao Y'( Mao 1-{o(~vAA- Sf'le- ~ ~CY- 10 ltu -- f0.t1i--ro we- :0 ~ ~ <U- __ J-12I&J. '"$/d t-bll~ ~ ~ rruU:f:. LO~ rwJ[. wiG"L ~ ~ CDCWf- ~JC/Y$ - -1- Cof= ~ 'M~ 7' - WaMJ y&Je/ WO/fwi ~ . o ~ c.t>6- ..\~ From' . ..>. \,\)b"^ t--~. cvJ-.- :>lfJaW~ Jr ~Q,vC(- lJ~'ia )~A~ ( fi'('fL d.vE- c fU'\. ~ +- LL{ f. i1"i North Carolina Departme t of Environment, ~. <;;,~,:"" Health, and Natural Resources @ Printed on Recycled Paper <tsc QuAM \I\: DATE: SUBJECT: , I ~ r r.. .'.;; : MEMO DATE, mJ ?a SUBJECT: :::rL ~~ ttt: ~ ~fM ~~ k. d~'>v'~ ~il,. ~O ~~t. From: Sf All; '" . ~;~~~~ North Carolina Department of Environment, 1-!J,' Health, and Natural Resources @ ",_M~~~_ '" ,. . .... ~;... DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS RO. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 30, 1991 ( hl ~/ IN REPLY REFER TO Regulatory Branch Action ID. 199102622 " Mr. John J. Leonard Centerstate Mortgage and Loan Company 2007 East Boulevard Street Holden Executive Center Greensboro, North Carolina 27407 Dear Mr. Leonard: Reference is made to your unauthorized placement of fill material into 4.98 acres of wetlands on the Melos Investments Company property at the intersection of Vandalia Road and Tolar Drive, adjacent to an unnamed tributary to South Buffalo Creek, in Greensboro, Guilford County, North Carolina. Reference is also made to your meeting of September 4, 1991 with Mr. John Thomas of my regulatory staff; Mr. Ronald Ferrell of the North Carolina Department of Environment, Health and Natural Resources; and Mr. Dallas Holleman (engineering consultant for site) at the aforementioned site. As you agreed during the September 4, 1991 meeting, a 100-foot buffer against impacts of development from center line of stream to either side of the aforementioned stream will be maintained. Based on the review of your work, three remedial actions will be needed to restore wetlands impacted within this identified 100-foot buffer. As you agreed, the following restoration actions to 3.58 acres of wetlands must be completed within 30 days of the date of this letter: a. All excavated and fill materials placed in wetlands within the aforementioned lOO-foot buffer must be removed to high ground. b. The restored wetland areas must be seeded and stabilized with vegetation. c. All existing fills must be seeded and stabilized to prevent further encroachment into waters or wetlands. Once you satisfactorily complete the remedial actions outlined. above, we will close our enforcement file on this matter without further action. We appreciate your cooperation in resolving this matter. However, you are cautioned that a failure to complete the .above remedial actions or . .. -2- further encroach into wetlands or waters without Department of the Army permit authorization may result in referral to the united states Attorney with a recommendation for civil prosecution. Please be reminded that no excavated or fill materials may be placed in any waters or wetland areas without prior Federal permit authorization. Please contact this office for any future proposed impacts in any water or wetland areas subject to Department of the Army permitting authority. Thank you for your time and cooperation. If you have any questions, please contact Mr. Thomas, Raleigh Regulatory Field Office, telephone (919) 846-0648. Sincerely, G. Wayne Wright Chief, Regulatory Branch ,,-... ...... -3- Copies Furnished: Mr. Robert H. Edmunds, Jr. United States Attorney Middle District of North Carolina Post Office Box 18587 Greensboro, North Carolina 27611 Ms. L. K. (Mike) Gantt, Field Supervisor U.S. Fish and Wildlife Services Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 _ U.S. Environmental Protection Agency - Region IV Water Quality Management Branch Wetlands Regulatory Unit 345 Courtland Street Atlanta, Georgia 30365 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 state Property Office North Carolina Department of Administration 116 West Jones Street Raleigh, North Carolina 27603 Regional Office Manager North Carolina Department of Environment, Health and Natural Resources 8025 North Point Boulevard Suite 100 Winston-Salem, North Carolina 27106 Mr. John Dor~~y Divisio Environmental Management Nor arolina Department of Environment, ealth and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Larry Hardy National Marine Fisheries, NOAA Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Regional Director National Marine Fisheries Services, NOAA Duval Building 9450 Koger Boulevard Saint Petersburg, Florida 33702 City of Greensboro Sedimentation and Erosion Control c/o Mr. Johnny Pascal Post Office Box 3136 Greensboro, North Carolina 27402 Mr. -Dallas R. Holleman Holleman-Truelove Associates Post Office Box 20834 Greensboro, North Carolina 27420 Mr. Don Clapp 2118 Highway N.C. 61 Liberty, North Carolina 27298