20090757 Ver 1_Other Agency Comments_20101222

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
IN REPLY REFER TO
CERTIFIED MAIL-RETURN RECEIPT REQUESTED.
December 20, 2010
Regulatory Division
Action ID. SAW-2009-01567
Mr. Warren Whichard
511 Bay Lakes Drive
Chocowinity, North Carolina 27817
Dear Mr. Whichard:
This correspondence confirms your meeting of December 7, 2010, with Ms. Tracey Wheeler
and Ms. Emily Jernigan of my staff on your property located off Whichards Beach Road (NCSR
1166 and Bay Lake Drive, adjacent to Chocowinity Bay and the Pamlico River, near Chocowinity,
in Beaufort County, North Carolina. The purpose of this meeting was to address unauthorized
filling activities within jurisdictional wetlands you have undertaken on this property.
My staff s inspection revealed that you are responsible for the unauthorized placement of fill
material within approximately 25,000 square feet of wetlands subject to our regulatory jurisdiction
located immediately adjacent to Taylor Creek, a tributary to Chocowinity Bay. This activity,
undertaken in wetlands associated with Taylor Creek and Chocowinity Bay without the prior
approval of this office in the form of a Department of the Army permit, constitutes a violation of
Section 301 of the Clean Water Act (33 USC 1311) and Section 10 of the Rivers and Harbors Act
of 1899 (33 USC 403). You verbally agreed to cease and desist from any further unauthorized
work within waters of the United States, including wetlands. The project area must be restored
and all unauthorized fill material must he removed from wetlands for placement back on high
ground. The restoration alignments will be identified in your representative's presence and the
required actions necessary to bring the project into compliance will be explained by Ms. Wheeler.
Please contact Ms. Wheeler at the phone number listed below by January 21, 2011, so a field
meeting can be arranged with your representative to discuss the necessary actions.
Failure to comply with this directive will result in referral to the United States Attorney with
a recommendation for appropriate action.
Thank you for your time and cooperation. Questions regarding this matter may be addressed
to Ms. Tracey Wheeler at the Washington Regulatory Field Office, telephone [phone].
Sincerely,
David M. Lekson, P.W.S.
Chief, Washington Regulatory Field Office
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601
Ms. Molly Davis, Chief
Wetlands Enforcement Section
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
101 Pivers Island Road
Beaufort, North Carolina 28516
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Mr. Ian McMillan
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Alton Hodge
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Mr. David Moye
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
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