20011381 Ver 1_USACE Correspondence_19991004

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON, NORTH CAROLINA 28402 -1890
IN REPLY REFER TO October 4, 1999
Regulatory Division
Action ID 199920144
Mr Rocky Carter
Post Office Box 1037
Kernersville, North Carolina 27285
Dear Mr Carter
RECEIVED
N.C. Dept. of EFINR
OCT -5 Ja
Winston -Salem
Regiollai Office
Please reference my letter dated February 2, 1999, concerning 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 letter was to put you on notice that your referenced onsite culvertmg and
fill 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)
You had, however, expressed a desire to pursue after -the- fact DA permit authorization for
your work 1 encl: sed with, may February 2, 1999, a DA permit application and stated that this
application should be completed and returned to this office no later than March 3, 1999 As of
the date of this letter, we have not received your application
Site inspections conducted by Mr John Thomas of the Raleigh Regulatory Field Office on
September 22, 1999, showed that the unauthorized fill within jurisdictional waters remains on the
discussed site The inspection also showed that a commercial operation (Ted Parker Homes) has
open business on the site and has located their operations facilities on top of the identified
unauthorized fill

2
We have provided ample time to allow you to prepare and submit an after the fact permit
application You have failed to do so within the time specified, and the unauthorized culverting
and fill activities remain a violation of Section 301 of the Clean Water Act (33 U S C 1311)
You are therefore directed to remove all unauthorized fill including culverts and restore the
jurisdictional waters of Lick Fork Creek back to their original pre - construction conditions This
restoration must be completed within 30 days of your receipt of this letter
We are very concerned that while you have failed to either apply for an after - the -fact permit or
restore the violation, you have allowed a commercial operation to commence on the violation
site You are directed to advise this office within ten days of receipt of this letter whether you
continue to own the violation site, and, if you do not, when you transferred title to the property
If you continue to own the site, you should let us know the extent of any property interest,
including any leasehold interest, Ted Parker Mobile Homes may have in the site
Failure to comply with this directive 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
Copy Furnished
Mr Gary Mitchell
Mitchell & Associates, Inc
113 West Third Street
Greenville, North Carolina 27858
United States Attorney
Middle District of NC
Post Office Box 1858
Greensboro, North Carolina 27402
Mr. John Hefner
U S Fish and Wildlife Services
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636
Sincerely,
G Wayne Wright
Chief, Regulatory Division
Mr William L Cox, Chief
Wetland Section - Region IV
U S Environmentat Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr Ron Linville
orth Carolina Department of Environment,
and Natural Resources
585 Waughton Street
Winston - Salem, North Carolina 27107

♦ e
3
Mr Doug Huggett
North Carolina Department of Environment,
and Natural Resources
1638 Mail Service Road
Raleigh, North Carolina 27699 -1638
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 Management
North Carolina Department of Environment
and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699 -1621