20052066 Ver 3_USACE Correspondence_20060908

~~~
IN REPLY REFER TO
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
Action ID: SAW 2006 40582 127
Corolla Bay, LLC
C/O Mr. Eric Avery
821 Ocean Trail -Suite 4
Corolla, North Carolina 27927
Dear Mr. Avery:
September 6, 2006
Q~c~~o~~Q
SEP 8 2006
pENR - WATER QUgLiTti`
iNETIfWDS ANO STi)RMINATER BRANCH
This correspondence confirms your August 29, 2006, onsite meeting with Messrs. Raleigh
Bland and Tom Steffens of my staff at the Corolla Bay development, located off N.C. Highway
12, adjacent to Currituck Sound, in Corolla, Currituck County, North Carolina. Also in
attendance were Messrs. Kevin Lineberger and Raju Uppalapati of BD&A, Messrs. George
Wood and Kendall Turnage of Environmental Professionals, Mr. Joe Lassiter of Quible &
Associates, Mr. Dennis Hawthorn of Coastal Area Permit Assistance, and Messrs. Carlos Gomez
and Rick Nelson of Coastal Engineering and Surveying. The purpose of this meeting was to
address non-compliance with the permit issued to Corolla Bay, LLC, (Action ID No. 200610338)
for work undertaken within Department of the Army regulatory jurisdiction.
Special Condition (a) of the subject permit states that, "All work authorized by this permit
must be performed in strict compliance with the submitted plans, which are a part of this permit."
My staff's investigation revealed that work has occurred on the site in violation of this permit
condition associated with the construction of an access road and work outside of the authorized
road alignment. This unauthorized work resulted in adverse impacts to approximately 18,500
square feet (0.42-acre) of high quality freshwater wetlands located immediately adjacent to the
Currituck Sound.
Noncompliance with your permit constitutes a violation of Section 404 of the Clean Water
Act (33 USC 1344). As you agreed, you are to cease and desist from any further unauthorized
work within waters and wetlands. As you also agreed, you are to remove all unauthorized fill
material from wetlands for placement and retention on high ground. Pre-project elevations and
contours are to be restored to the impacted wetland area. This restoration work must be
accomplished within 30 days of your receipt of this correspondence.
As discussed, we are considering administrative penalties against you for this work.
Accordingly, you will be contacted in the near future by Wilmington District's Office of Counsel
regarding this matter. Failure to comply with this request may result in referral to the United

States Attorney with a recommendation for civil prosecution and or civil penalty for a violation
of permit conditions pursuant to 33 USCA Section 1319(g)(1)(b).
Thank you for your time and cooperation. If you have any questions, please contact Mr.
Bland at the Washington Regulatory Field Office, Post Office Box 1000, Washington, North
Carolina 27889-1000, telephone [phone], extension 23.
Sincerely,
l
David M. Lekson, P.W.S.
Chief, Washington Field Office
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
2

_1
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
District Manager
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1367 US 17 South
Elizabeth City, North Carolina 27909
Mr. Dennis Hawthorn
Coastal Area Permit Assistance
120 Jimmy Court
Kill Devil Hills, North Carolina 27948
Mr. George Wood
Environmental Professionals, Inc.
Post Office Box 3368
Kill Devil Hills, North Carolina 27948
Mr. Joe Lassiter
Quible and Associates
Post Office Drawer 870
Kitty Hawk, North Carolina 27949
3