20181595 Ver 1_USACE Correspondence_UA_SAW-2017-02440_20180108

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
January 8, 2018
Regulatory Division
Action ID No: SAW-2017-02440
Ms. Patricia Hollifield and Mr. Mark Hollifield
6900 Wild Magnolia Road
Wilmington, North Carolina 28411
Dear Mr. and Ms. Hollifield:
This notice is in reference to activities conducted on your property located between Wild
Magnolia Road and Plantation Road within an area locally known as Greenview Ranches, New
Hanover County, North Carolina. Reference is also made to the Preliminary Jurisdictional
Determination (PJD) that was conducted for the North Carolina Department of Transportation
(NCDOT) for Transportation Improvement Project (TIP) U-4751 (Military Cutoff Extension).
As you are aware, this PJD indicates that Waters of the United States subject to our permitting
authority under Section 404 of the Clean Water Act exist on your property and other properties
in the Greenview Ranches area.
As background, in July of 2016, you exchanged correspondence with the U.S. Army
Corps of Engineers Wilmington Regulatory Field Office regarding a future access issue on your
property related to the aforementioned construction of TIP U-4751. According to our
administrative record, Mr. Brad Shaver of my office, alerted you that a Department of Army
(DA) permit would be required for any fill discharged into wetlands. He further indicated that,
since the area in question was most likely a wetland, a project to the scale described would likely
require an Individual DA Permit. Furthermore, impacts to wetlands would likely require
compensatory mitigation. No further communication was documented between you and this
office regarding proposed activities in wetlands.
During site visits conducted at the above property on November 20, 2017 and December
4, 2017, Mr. Brennan Dooley and Mr. Brad Shaver of my staff observed a recently constructed
access road originating from the rear of your property and extending south along existing access
easements to Plantation Road. The properties crossed for this access include Parcel IDs R02700-
001-034-000, R02700-001-019-000, R02700-001-018-000, R02700-001-013-000, R02700-001-
017-000, R002700-001-014-000, and R02700-001-036-000. According to measurements taken
in the field, the road was placed entirely in wetlands and measures approximately 36.5 feet wide
and 1,848 feet long, thus impacting approximately 1.5 acres of wetlands. Additionally, the
disturbance included approximately 0.41 acre of debris side cast into wetlands as part of the

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construction process. According to my staff, during the site visit you indicated that you desire to
place rock on the road in the future. You were advised to cease and desist from any further
unauthorized work within wetlands on this property.
The impacted wetlands (approximately 1.91 acres) are part of a large headwater wetland
with drainage toward Smith Creek, a Traditional Navigable Water, and are therefore subject to
jurisdiction under Section 404 of the Clean Water Act (33 USC § 1344). As no DA permit has
been issued for the above activities in waters of the United States, they are considered a violation
of Section 301 of the Clean Water Act (33 USC § 1311). Additionally, your activities are
considered a knowing and willful violation of 33 USC § 1311, given the July 2016
correspondence between you and this office that occurred prior to the discharge of fill material
into wetlands.
In accordance with the regulations at 33 CFR 326.3, you are requested to submit the
following information no later than 30 days from the date of this letter:
A plan and associated timeframe for restoration of the impacted wetlands. This
restoration plan would involve removing the side cast debris (0.41 acre) originating
from the construction and depositing on high ground, pushing the road fill base back
into the parallel ditches used as borrow (1.50 acres) to restore original grade and
elevation, and re -seeding the restored area with a wetland seed mix.
•:
2. A completed after -the -fact application for the aforementioned work. The application
would need to include justification for the wetland impact, steps taken to avoid and
minimize the impact, and a mitigation plan to compensate for the unavoidable loss of
wetlands. You should be aware that in the event a permit is issued for this road, it
would likely require compensatory mitigation from an approved mitigation bank or in
lieu -fee program. The wetlands impacted at the site are some of the last mature
headwater wetlands remaining in New Hanover County and may require replacement
at a 2:1 ratio (impact to mitigation credit). The current fee schedule for the State in
lieu fee program is $51,782 per acre credit.
Failure to submit the requested information may result in referral to the Environmental
Protection Agency or U.S. Attorney, which may result in civil or criminal penalties. Should you
have questions, please contact Mr. Brennan Dooley at the Wilmington Regulatory Field Office,
telephone [phone] or email Brennan. i.dooley(a,usace.army.mil.
FOR THE DISTRICT ENGINEER 4
Sco McLendon
Chief, Regulatory Division
Wilmington District

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Copies Furnished:
Mr. Thomas G. Walker, U.S. Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Terry Sanford Federal Building & US Courthouse
Raleigh, North, Carolina 27601-1461
Mr. Chris Parker
U.S. Environmental Protection Agency, Region 4
Atlanta Federal Center
Wetlands Enforcement Section
61 Forsyth Street S.W.
Atlanta, Georgia 30303
Mr. Chad Coburn
NC Division of Water Resources
Water Quality Regional Operations Section
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Jim Iannucci, PE
New Hanover County Engineer
230 Government Center Dr. Suite 110
Wilmington, North Carolina 28403
Mr. Mason Hemdon
NCDOT Division 3 Environmental Supervisor
5501 Barbados Blvd.
Castle Hayne, North Carolina 28429
Mr. David Syster
Southern Environmental Group Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
Ms. Monica Etsell
413 John S. Mosby Drive
Wilmington, North Carolina 28412
Mr. Donald and Ms. Dorothy Englehart
4115 Edna Buck Drive
Castle Hayne, North Carolina 28429

in
Ms. Leslie Armstrong
7312 Bright Leaf Road
Wilmington, North Carolina 28411-7116
Mr. Tim Bsenbock
102 Canterbury Court
Greenville, North Carolina 27858-8168