20061617 Ver 1_Other Agency Comments_20080618

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
Action ID. 2006-20100
Mercury Development
Attn: Mr. Greg Ferguson
5660 Six Forks Road, Suite 202
Raleigh, North Carolina 27609
Dear Mr. Ferguson:
June 13, 2008
log @RMP= D
JUN 1 8 2008
OENR . WATER QUAUV
WETLANDS !AND STOR"ATER BRANCR
This refers to a recent site meeting between Mr. Monte Matthews and Mr. Eric Alsmeyer
of the U.S. Army Corps of Engineers (Corps), members of the North Carolina Department of
Transportation, and your authorized agents on May 16, 2008, at the Wendell Falls development near
Wendell, Wake County, North Carolina. The purpose of the site meeting was to complete a permit
compliance inspection for a Section 404 permit issued to you in October 2007 under the Action ID
Number 200620100. Aquatic features on the project site drain to Mark's Creek in the Neuse River
Basin (HUC 03020201).
The May 2008 site visit revealed non-compliance with the conditions of your 404 permit af.
several areas authorized for impact under this permit. This includes temporary fill placed within
wetlands without a permit, sewer lines not graded back to original contours, silt fences improperly
placed within wetlands, and possibly minor permanent fill outside the permit area. These actions
are considered to violations of the permit conditions of your 2007 permit.
During the site visit your authorized agents agreed to stop all work in waters of the U.S.
until silt fences and other erosion control measures could be placed in the proper locations. The
Corps agreed that this was a necessary step to protect the aquatic environment from additional
impacts. On May 19, 2008, your agents called to report that all sediment and erosion control
measures were installed which released Mercury Development from the cease and desist.
At this time, please provide a formal response to this letter indicating when the violations
were completed, the reasons for the violations, the exact amount of stream channel and/or wetland
impacted by the violations, and the remediation steps proposed. Removal of the fill and restoration
of the streams or the submittal of the appropriate DA permit modification would serve to bring the
development into compliance with the permit. Submit your response on or before July 11, 2008,
and note that any permit modification must include all impacts associated with your project.
Typically, violations of permit conditions result in a federal enforcement action. However,
since these violations are minor when compared to total authorized under the DA permit, and since
most of them are temporary with some already corrected, no further action from this office is
anticipated.
Please contact Mr. Matthews at telephone [phone] x30 if you have any questions
regarding this letter or the actions required on your part to resolve this violation.
Sincerely,
Jean B. Manuele
Chief, Raleigh Regulatory
Field Office
Copies Furnished:
U.S. Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800
Federal Building
Raleigh, North Carolina 27601-1461
Mr. Ron Mikulak, Chief
Wetlands Section-Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Ms. Cyndi Karoly
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetlands/401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
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Mr. Justin McCorcle
Assistant District Council
Wilmington District
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Mr. John Hennessy,
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Todd Preuninger
Withers and Ravenel
111 MacKenan Drive
Cary, North Carolina 27511
Mr. Dean Hatfield
Louis Berger Group
1513 Walnut Street
Cary, North Carolina 27511
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