20071505 Ver 2_USACE_Revocation Letter_20100427

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
April 27, 2010
ATTENTION 0"f:
Regulatory Division
AID: 2007-3367
Mr. Keith Vinson
39 Pleasant Grove Church Road
Hendersonville, North Carolina 28739
Mr. Keith Vinson
Mountain Development Company, LLC
130 South Main Street
Hendersonville, North Carolina 28792
Mr, Keith Vinson
32 Orange Street
Asheville, North Carolina 28801
Dear Mr. Vinson:
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 letter dated
November 19, 2008 in which your permit authorization was suspended and our subsequent letter
dated January 15, 2009 which summarized actions that you were required to complete in order
for your permit to be re-instated or modified. To date, none of the requested information has
been submitted or required actions completed. Also, there continues to be on-going sediment
and erosion control violations resulting in excessive sediment deposition in stream channels on
the site as documented by the North Carolina Division of Water Quality and Henderson County
Sediment and Erosion Control.
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 revoke your
DA authorization, per 33 CFR Section 325.7(d). All fill material that has been placed into
waters of the U.S. should be removed and the area restored to pre-construction conditions. To
date, over 2,500 linear feet of stream channels have been filled in order to construct road
crossings to access residential lots in addition to an undetermined length of stream channel that
has been impacted by sediment deposition due to failed sediment and erosion control devices.
All fill material discharged into waters of the U.S. as previously authorized should he removed
within 60 days from the date of this letter. If you fail to remove this fill material, we will
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immediately refer this case to the U.S. Attorney which could result in fines of at least $25,000
per day from the date that permit non-compliance began.
If you have any questions, you may contact Ms. Amanda Jones at [phone]
extension 231 or Mr. Justin McCorcle, Wilmington District Office of Counsel at [phone].
Sincerely,
J erson M. age
olonel, u; S. Army
District Commander
Copies Furnished:
Mr. Clement Riddle
Clearwater Environmental Consultants, Inc.
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
Mr. William Lapsley
William G. Lapsley & Associates, P.A.
Two Town Square Blvd.
Suite 320 Biltmore Park
Asheville, North Carolina 28704
Mr. Roger Edwards
North Carolina Division of Water Quality
Surface Water Protection Section
2090 U.S. Hwy 70
Swannanoa, North Carolina 28778
Mr. Tim. Fox
Henderson County
Engineering Department/Erosion Control Division
100 N. King Street
Hendersonville, North Carolina 28792
Ms. Renee Gledhill-Early
N.C. Department of Cultural Resources
State Historic Preservation Office
4617 Mail Service Center
Raleigh, North Carolina 27699-4617
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Mr. Mark T. Calloway
United States Attorney
Western District of North Carolina
Suite 1700, Carillon Building
227 West Trade Street
Charlotte, North Carolina 28202
Ms. Jennifer Derby
Wetlands & Marine Regulatory Section
U,S. Environmental Protection Agency Region 4
Atlanta Federal Center
61 Forsyth Street
Atlanta, Georgia 30303-8960