20090757 Ver 1_NOV Response_20110104

DAMS HARTMAN WRIGHT PLLc
ATTORNEYS AT LAW
MICHAEL SCOTT DAVIS
MARK SPENCE HARTMAN
1. CLARK WRIGHT, JR.
January 4, 2011
VIA FACSIMILE TRANSMISSION
AND U.S. MAIL
Mr. Al Hodge, Regional Supervisor
Division of Water Quality
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
RE: Warren Wichard (Beaufort County)
DWQ NOV No. 2010-CV-0014
Dear Mr. Hodge:
209 POLLOCK STREET
NEW BERN, NC 28560
252-514-2828
FAX [phone]
icwOdhwlegal.com
JAN 0 i 2011
Thank you for extending the DWQ response date until today in response to my December 22,
2010 e-mail request. I now have had the opportunity to communicate with Mr. Wichard and
several consultants assisting him at the Land Management Group, and to review relevant
documents and photographs.
Based upon the information I have, I understand that the work carried out by Mr. Wichard took
place during October and November of 2010. To be candid, Mr. Wichard, who is approaching
ninety years of age, tells me that he was fed up and offended when DWQ unilaterally returned his
application materials and refused to consider all the reports and information he had spent
thousands of dollars on with Land Management. There is no denying that he acted on his own
without permits or approvals in hand. However, there is equally no doubt that he tried in good
faith for over three years to document what seems to be a fair conclusion - namely, that a
connection can be made between the lake and the long-existing Taylor Creek/canal system in this
area without degrading water quality - and in fact, while improving flushing and DO levels.
I continue to learn more each day as I gather information. I was able to speak with Mr. Wichard
earlier this afternoon and obtain his approval to indicate to DWQ that he is already working with
Tracey Wheeler of the Corps of Engineers regarding identification and removal of any fill
material located in jurisdictional wetlands. Once that process is confirmed in more detail, and I
have had a chance to visit the site (hopefully next week), I will work with Land Management to
provide both the Corps and DWQ with a specific restoration plan for removal of any such fill
areas.
Longer term, I want to arrange a meeting with relevant DWQ and DCM officials to evaluate
whether appropriate documentation can be provided to assure compliance with applicable water
Mr. Al Hodge
Januarv 4. 2011
Page Two
quality and CAMA use standards relative to the roughly 30 feet by 45 feet of upland material
removed by Mr. Wichard to make the water connection.
With regard to the issue of appropriate enforcement actions to take relative to Mr. Wichard's
admittedly unpermitted work, I ask that you take into account the fact that Mr. Wichard has
already provided expert information to DWQ documenting DO levels and flushing that indicate
water quality standard compliance, and recognize the fact that the canal system is long-existing,
that much of Mr. Wichard's work was maintenance of existing canal areas, that the area clearly
does receive tidal flushing, and that there is even evidence of diurnal tides. I believe all of this
has been documented to DWQ in prior expert reports and letters from Land Management.
I also ask that you take into account the fact that Land Management's Laura Stasavich tens me
that she had a verbal understanding with Roberto Scheller of your staff that he would contact her
after taking the time to fully read and consider in good faith the February 23, 2010 information
report presented to DWQ, which in its final sentence stated: "We request that DWQ please
review this report and supporting documentation as a response to our 10/22/2009 meeting and
DWQ's following 11/25/2009 letter and in lieu of a three-dimensional hydrodynamic
model." At no time did DWQ provide a response, written or otherwise, to Land Management's
February 23, 2010 report and analysis - an analysis that to me certainly contains solid
information that could justify a conclusion that water quality standards would not be violated.
Instead, Mr. Wichard received a unilateral return of his entire application package - without even
any notice to his own consultants at Land Management.
Finally, I ask that you take into account Mr. Wichard's age (approximately 88 years old), and the
fact that he has tried to provide appropriate information to both DWQ and DCM over a three year
period for one simple proposed action - connecting an existing, already tidally influenced system
of canals, creeks and man-made lake with the result being improved flushing and the ability of
small boats to travel through.
I look forward to working further with you and your staff, DCM staff and the Corps of Engineers
to address and resolve these matters satisfactorily.
In that regard, I remain
Yours truly,
4.1 Clark Wright, Jr.
ICW:icw
cc: David Moye, DCM
Tracey Wheeler, Corps
Client/Land Management