20050842 Ver 1_USACE Correspondence_20051207

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
PO BOX 1890 •'�"+
WILMINGTON NC 28402-1890
December 5, 2005
Regulatory Division
Action ID 200500603
Mr. Butch Dunlap
C&S Commercial Properties
283 N. McPherson Church Road
Fayetteville,North Carolina 28303
Dear Mr. Dunlap:
On the morning of September 12, 2005, Lillette Granade, of my staff, and myself, met with
you and your consultants to discuss your incomplete After-the-Fact Individual Permit application
for the request to allow 0.38 acres of unauthorized wetland fill, and subsequent violation of
Section 301 of the Clean Water Act (33 USC 1311), to remain. The unauthorized wetland fill
was for the extension of Shawcroft Road, in Kings Grant Subdivision, located in the headwaters
of an unnamed tributary of Carvers Creek, in Fayetteville, Cumberland County, North Carolina.
During this meeting, Ms. Granade outlined the additional information, required by our
office, which is necessary to consider your application complete. As of the date of this letter, we
have not received any of the additional information we requested from you.
The purpose of this letter is to inform you that all unauthorized wetland fill must be remove
within 30 days of receipt of this letter. If the unauthorized wetland fill is not removed within this
period, we will pursue further legal and administrative action against you.
Once the unauthorized fill is removed, and the wetlands are restored to pre-impact
conditions, you may continue to pursue authorization of this road crossing by applying for an
Individual Permit.
n
DEC 7 2005
vENR-WATER QUALITY
NETLANDS AND 3TORMWATER 8RANCH

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If there are questions, contact Lillette Granade, Wilmington Regulatory Field Office, at
[phone].
Sincerely,
Keith A. Harris, Chief
Wilmington Regulatory Field Office
Copies Furnished:
7 Cyndi Karoly Mr. Ron Sechler
C. Department of Environment National Marine Fisheries Service,NOAA
and Natural Resources Pivers Island
Division of Water Quality Beaufort,North Carolina 28516
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27609-2260 Mr. David Rackley
National Marine Fisheries Service,NOAA
United States Attorney 219 Fort Johnson Road
Eastern District of North Carolina Charleston, South Carolina 29412-9110
310 New Bern Avenue
Suite 800, Federal Building Mr. Ken Averitte
Raleigh, North Carolina 27611 Division of Water Quality
N.C. Division of Coastal Management
Mr. Pete Benjamin, Field Supervisor 225 Green Street, Suite 714
U.S. Fish and Wildlife Service Fayetteville,North Carolina 28301-5043
Post Office Box 33726
Raleigh,North Carolina 27636-3726 Mr. Gerald Lee
Land Quality Section
Mr. Ronald J. Mikulak, Chief N.C. Department of Environment
Wetlands Section-Region IV and Natural Resources
Water Management Division 225 Green Street, Suite 714
U.S. Environmental Protection Agency Fayetteville,North Carolina 28301-5043
61 Forsyth Street, SW
Atlanta, Georgia 30303 Mr. Bob Zarazecki
Soil and Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh,North Carolina 27614