20191022 Ver 1_USACE Correspondence_20190422

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 2019-00534 County:
NOTIFICATION OF UNAUTHORIZED ACTIVITY / PERMIT
Property Owner /
Responsible Agent:
Address:
Telephone Number:
Meinardo Lopez
P.O. Box 2184
Highlands, NC 28741
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Size and Location of Property (waterbody, street name/number, town etc.): The site is a tract of land
(PIN 7541-62-6326) at 11205 Buck Creek Road in Highlands, Macon County, North Carolina. The
coordinates are 35.08481 N, 83.19087 W.
The site contains an unnamed tributary (UT) of the Cullasaja River and abutting wetlands. The UT exhibit
indicators of ordinary high water mark (OHWM) and is a blue line features on U.S. Geological Survey 7.5
minute topographic quadrangle. These aquatic features are potential Department of Army jurisdictional
feature under Section 404 of the Clean Water Act.
Description of Unauthorized Activity / Permit Noncompliance: During grading and clearing activities
in the eastern portion of the property fill material has been placed in wetlands and the UT has been re-
aligned/rerouted. Estimated impacts to waters of the U.S. are 100 linear feet of permanent stream impacts
and 0.06 acres of permanent wetland impacts
Indicate Which of the Following Apply:
X - Unauthorized Activity River and 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 and 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 farther 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 David Brown at telephone number 828-271-7980 ext 4232.
Remedial Action Requested: You are directed to contact this office May 10, 2019. The purpose of this
contact is to discuss measures to be taken in the effort to resolve the unauthorized fill impacts. Matters to
discuss include:
1) Option 1 - After -the -fact permitting utilizing Nationwide Permit (NWP) 39 for the unauthorized
impacts to wetlands and stream channel. If pursuing this option, the required permit application is
to be submitted to the Corps and NC Department of Environmental Quality - Division of Waters
Resources (DWR) by June 7, 2019.
OR

Option 2 Removal of the fill material and restore the stream and wetlands to pre-existing
conditions. If pursuing this option, you shall submit by June 7, 2019, a stream and wetland
restoration plan to this office for review and approval. It is recommended that you secure an
environmental consultant experienced in stream restoration to assist you with development of your
plan and authorization necessary to achieve compliance. The plan must include the removal of the
impacts, restoration of the stream channels, and restoration of the stream banks, buffers, and
wetlands if applicable. The plan is to include a proposed schedule with dates that indicate when
you expect to begin and complete the work. Once the plan has been implemented and is complete,
a final report documenting work shall be submitted to the Corps.
2) By May 17, 2019, submit documents to the Corps determining and verifying the location, size and
amount of unauthorized impacts to WoUS at the property. Also, provide written documentation
explaining why these impacts occurred without prior authorization.
3) By May 31, 2019, submit a request for a preliminary jurisdictional determination of the property.
4) Stabilization of disturbed soil area(s) and install/maintenance of proper sediment and erosion
control structures at the site in order to minimize further impacts to waters of the U.S.
5) Copy Kevin Mitchell at D WR on all communications and submittals to the Corps.
No additional work in waters of the U.S. shall occur without prior notification to this office and other
applicable state or local agencies.
Your signature acknowledges receipt of this notification. Return a signed copy of this notification to
the Asheville Regulatory Field Office.
US Army Corps of Engineers -Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
Property Owner/ Responsible Party Signature
Regulatory Project Manager Signature,)--,
-David Brown
Date April 22, 2019
Copy:
NCDEQ-DWR, Kevin Mitchell, 2090 US Highway 70, Swannanoa, NC 28778
NC WRC, Andrea Leslie, 645 Fish Hatchery Road, Marion, NC 28752
Macon County Department of Planning, Permitting, and Development, Joe Allen, 1834 Lakesde Drive, Franklin,
NC 28734