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HomeMy WebLinkAbout20071505 Ver 3_Other Agency Comments_20081210off- 150 5 v 3 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE - WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: Regulatory Division AID: 2007-3367 Mr. Keith Vinson Mountain Development Company, LLC 130 South Main Street Hendersonville, North Carolina 28792 Dear Mr. Vinson: Q?c?r.?Owl" Do DEC 1 0 2008 DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH Please reference the Department of the Army (DA) verification dated August 8, 2008 for the discharge of fill material into 6,990 linear feet of stream channel, 1.48 acres of wetlands, and 0.57 acre of open water to construct the residential and golf development known as Seven Falls, near Etowah, Henderson County, North Carolina. Also, please reference our most recent letter dated October 14, 2008 in which we sent notification regarding your current permit non- compliance status due to your failure to make payment into the North Carolina Ecosystem Enhancement Program (NCEEP) which was part of your compensatory mitigation requirements. To date, we have not received a receipt from NCEEP for the payment even though you have already begun work in the permitted areas. We have also spoken with your agents, who have informed our Asheville Regulatory Field Office of on-going financial troubles and your inability to make the required payment. After careful consideration of your on-going noncompliance with the terms and conditions of the subject DA authorization, which remains a violation of Section 404 of the Clean Water Act (33 USC 1344), and the public interest, the Corps has decided to immediately suspend your DA authorization, per 33 CFR Section 325.7(c). Be advised that you have ten (10) days from receipt of this notice to request a public hearing and/or a meeting with our Asheville Regulatory Field Office, or the District Commander, to present information in the matter. After the completion of a meeting or hearing, (or within a reasonable amount of time following this notice if a hearing/meeting is not requested), the Wilmington District will decide to reinstate, modify or revoke the authorization. Please be aware that if the Corps decides to revoke your authorization you will be required to remove all discharged fill material and restore the impacted jurisdictional waters or re-apply for a new DA authorization. December 4, 2008 -2- In addition, the Corps also retains the right to assess a Class I Administrative Penalty under the authority of 33 U.S.C. § 1319(g) and 33 CFR Part 326.6. To resolve these issues and schedule a meeting, we request that you immediately contact Ms. Amanda Jones, Regulatory Project Manager, Asheville Regulatory Field Office, telephone (828) 271-7980, extension 231. Sincerely, fferson M. cavage Colonel, U.S. Army District Commander Copies Furnished: Mr. Clement Riddle Mr. Ronald J. Mikulak, Chief C1earWater Environmental Consultants, Inc. Wetlands Section-Region IV 718 Oakland Street Water Management Division Hendersonville, North Carolina 28791 U.S. Environmental Protection Agency 61 Forsyth Street, SW McMillan Atlanta, Georgia 30303 orth Carolina Division of Water Quality 401 Oversight & Express Review 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Ms. Suzanne Klimek Director of Operations N.C. Ecosystem Enhancement Program 1619 Mail Service Center Raleigh, North Carolina 27699-1619 Mr. Mark T. Calloway U.S. Attorney Western District of North Carolina Suite 1700, Carillon Building 227 West Trade Street Charlotte, North Carolina 28202