19970772 Ver 1_Other Agency Comments_20080821

,.,.
DEPARTMENT OF THE ARMY ~~ 0 3 I Q 1
~~~~ WILMINGTON DISTRICT, CORPS OF ENGINEERS
~//~ Washington Regulatory Field Office
P.O. BOx 1000
~~~. Washington, North Carolina 27889-1000
IN REPLY REFER TO
August 20, 2008
Regulatory Division D ~ ~ ~ a V
ORM ID SAW-2008-01183
AU G 2 1 2008
DENR • WATER QUALITY
WETLANDS AND STORMWATER BRIiNCIi
Mr. John Criner
4877 The Woods Road
Kitty Hawk, North Carolina 27949
Dear Mr. Criner:
Please reference the cease and desist correspondence issued to you on Apri13, 2008, for the
unauthorized filling of waters of the United States you undertook on your property, located at
4877 The Woods Road, adjacent to Jean Guite Creek, in Kitty Hawk, Dare County, North
Carolina. The purpose of this correspondence is to inform you that Mr. Tom Steffens of my staff
conducted a final inspection of your restoration work on August 13, 2008.
Based upon Mr. Steffens' inspection, it is our opinion that you have satisfactorily completed
all remedial actions requested of you. Accordingly, no further legal action will be taken in this
matter and we consider the case closed.
Please be reminded, pursuant to Section 404 of the Clean Water Act, prior Department
of the Army (DA) permit authorization is required for the discharge of dredged or fill material
into waters of the United States, including wetlands.
Thank you for your time and cooperation in resolving this matter of importance. If you
have any questions, please contact Mr. Steffens at the Washington Regulatory Field Office,
telephone [phone], extension 25.
Sincerely,
David M. Lekson, P.W.S.
Chief, Washington Regulatory Field Office
Copies Furnished:

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United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Frank Jennings
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1367 US 17 South
Elizabeth City, North Carolina 27909

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Mr. Pat McClain
Division of Land Resources
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Chuck Boyette
Division of Solid Waste
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Kyle Barnes
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Joe Heard
Director of Planning and Inspections
Town of Kitty Hawk
101 Veterans Memorial Drive
Kitty Hawk, North Carolina
27949