20071505 Ver 3_Other Agency Comments_20081210

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE -
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
Regulatory Division
AID: 2007-3367
Mr. Keith Vinson
Mountain Development Company, LLC
130 South Main Street
Hendersonville, North Carolina 28792
Dear Mr. Vinson:
Q?c?r.?Owl" Do
DEC 1 0 2008
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Please reference the Department of the Army (DA) verification dated August 8, 2008 for the
discharge of fill material into 6,990 linear feet of stream channel, 1.48 acres of wetlands, and
0.57 acre of open water to construct the residential and golf development known as Seven Falls,
near Etowah, Henderson County, North Carolina. Also, please reference our most recent letter
dated October 14, 2008 in which we sent notification regarding your current permit non-
compliance status due to your failure to make payment into the North Carolina Ecosystem
Enhancement Program (NCEEP) which was part of your compensatory mitigation requirements.
To date, we have not received a receipt from NCEEP for the payment even though you have
already begun work in the permitted areas. We have also spoken with your agents, who have
informed our Asheville Regulatory Field Office of on-going financial troubles and your inability
to make the required payment. After careful consideration of your on-going noncompliance with
the terms and conditions of the subject DA authorization, which remains a violation of Section
404 of the Clean Water Act (33 USC 1344), and the public interest, the Corps has decided to
immediately suspend your DA authorization, per 33 CFR Section 325.7(c). Be advised that you
have ten (10) days from receipt of this notice to request a public hearing and/or a meeting with
our Asheville Regulatory Field Office, or the District Commander, to present information in the
matter. After the completion of a meeting or hearing, (or within a reasonable amount of time
following this notice if a hearing/meeting is not requested), the Wilmington District will decide
to reinstate, modify or revoke the authorization. Please be aware that if the Corps decides to
revoke your authorization you will be required to remove all discharged fill material and restore
the impacted jurisdictional waters or re-apply for a new DA authorization.
December 4, 2008
-2-
In addition, the Corps also retains the right to assess a Class I Administrative Penalty under
the authority of 33 U.S.C. § 1319(g) and 33 CFR Part 326.6. To resolve these issues and
schedule a meeting, we request that you immediately contact Ms. Amanda Jones, Regulatory
Project Manager, Asheville Regulatory Field Office, telephone [phone], extension 231.
Sincerely,
fferson M. cavage
Colonel, U.S. Army
District Commander
Copies Furnished:
Mr. Clement Riddle Mr. Ronald J. Mikulak, Chief
C1earWater Environmental Consultants, Inc. Wetlands Section-Region IV
718 Oakland Street Water Management Division
Hendersonville, North Carolina 28791 U.S. Environmental Protection Agency
61 Forsyth Street, SW
McMillan Atlanta, Georgia 30303
orth Carolina Division of Water Quality
401 Oversight & Express Review
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Ms. Suzanne Klimek
Director of Operations
N.C. Ecosystem Enhancement Program
1619 Mail Service Center
Raleigh, North Carolina 27699-1619
Mr. Mark T. Calloway
U.S. Attorney
Western District of North Carolina
Suite 1700, Carillon Building
227 West Trade Street
Charlotte, North Carolina 28202