20011381 Ver 1_Other Agency Comments_19990203

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON, NORTH CAROLINA 28402 -1890
IN REPLY REFER TO February 3, 1999
Regulatory Branch
Action ID. 199920144
Mr. Rocky Carter
Post Office Box 1037
Kernersville, North Carolina 27285
Dear Mr. Carter:
RECEIVED -
N C. Dept. of 6 HNA
FEB
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Please reference the site inspection of December 7, 1998,
conducted by Mr. John Thomas and Mr. Ken Jolly of the Raleigh
Regulatory Field Office on your property located off of Patterson
Avenue West, adjacent to Leak Fork Creek, near Winston - Salem, in
Forsyth County, North Carolina. Also in attendance were Mr. Ron
Linville of the North Carolina Department of Environment and
Natural Resources (Water Quality Section) and Mr. Gary Mitchell of
Mitchell & Associates (your consultant). The purpose of this
meeting was to investigate excavation and filling activities you
have undertaken on your property and to inspect the site for
waters and wetlands subject to Department of the Army permitting
authority.
Based upon the inspection, you have excavated, culverted,
and filled approximately 850 linear feet of Leak Fork Creek and
an additional 660 linear feet of an unnamed tributary of Leak
Fork Creek, for a total of approximately 1510 linear feet of
jurisdictional waters of the United States. The purpose of the
work, as depicted in your provided development plan for the site,
is to grade the property for a commercial development project.
The above activities have adversely impacted approximately 1510
linear feet (0.35 acre) of the jurisdictional waters of Leak Fork
Creek and an unnamed tributary of Leak Fork Creek. These
activities, conducted in waters of the United Sates without
authorization by a Department of the Army (DA) permit, are
violations of Section 301 of the Clean Water Act (33 U.S.C.
1311) .
During the December 7, 1998, inspection, Mr. Mitchell stated
that you had no prior knowledge of DA permit requirements for the
excavation, culvert, and fill activities conducted on your
property. However, this does not relieve you of the
responsibility to obtain DA permit authorization for the work you
have performed within jurisdictional waters of the U.S.
As discussed with your consultant, complete restoration of the
impacted streams on the property will resolve this matter.

You have, however, expressed a desire to pursue after -the
fact DA permit authorization for your work. I am enclosing a DA
permit application, which should be completed and returned to
this office no later than March 3, 1999. Please note that our
acceptance of an after - the -fact permit application does not
imply, on the parts of the Corps of Engineers or other agencies,
either favorable or unfavorable opinion of the work performed.
However, a permit application will be accepted to solicit
comments on the factors upon which a final decision will be
based. Further action on the violation would be suspended
pending the outcome of this consideration.
Please be reminded that no further work within wetlands or
waters can occur on your property until this matter is resolved.
Such work, without authorization by a DA permit, may result in
referral of this matter to the U.S. Attorney for appropriate
action.
Should you have questions, please contact Mr. Thomas,
Raleigh Regulatory Field Office, at telephone [phone]
ext.25.
Sincerely,
S. Kenneth Jolly
Manager, Raleigh Regulatory
Field Office
Enclosure
Copy Furnished (with enclosure):
Mr. Gary Mitchell
Mitchell & Associates, Inc.
113 West Third Street
Greenville, North Carolina 27858
Copies Furnished (without enclosure):
U.S. Attorney
Middle District of NC
Post Office Box 1858
Greensboro, North Carolina 27402
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Mr. John Hefner
U.S. Fish and Wildlife Services
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636
Mr. William L. Cox, Chief
Wetland Section - Region IV
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Ron Linville
North Carolina Department of Environment,
Health, and Natural Resources
585 Waughton Street
Winston - Salem, North Carolina 27107
Mr. John Parker
North Carolina Department of Environment, Health,
and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611
State Property Section
North Carolina Department of
Administration
116 West Jones Street
Raleigh, North Carolina 27603
Mr. John Dorney
Water Quality Section
Division of Environmental
North Carolina Department
and Natural Resources
4401 Reedy Creek
Raleigh, North Carolina
Management
of Environment
27607
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