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Home My WebLink About20061841 Ver 1_Other Agency Comments_201006220u- 1$A4 l DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 R TO ATTT`ENTION OF: June 19, 2010 Regulatory Division Action ID No. 2005-00207 (200600207- Paper File) U-) l ?S a-o o % JCP@[E0y/R7=b JUN 2 ? 2010 WETWO AND STORMINA1 RWH Mr. Tony McNeill 523 Old Church Road Swansboro, North Carolina 28584 Dear Mr. McNeill: Please reference our September 18, 2009 correspondence denying your after-the-fact (ATF) request for Department of the Army (DA) authorization to keep an 135-ft long by 35-ft wide earthen dam in approximately 0.1 acre of jurisdictional wetlands and waters, and to impound over 2.0 acres of wetlands and over 500 linear feet of stream on your property located at #523 Old Church Road, west side of SR 1104 (Old Church Road), within an unnamed tributary to Hadnot Creek, near Stella, Carteret County, North Carolina. Also reference the U.S. Army Corps of Engineers South Atlantic Division (SAD) May10, 2010 correspondence concerning your request for appeal of this permit denial; finding that your appeal did not have merit, and upholding the District's Decision. The decision of the SAD commander, Major General Semonite, concludes the regulatory appeals process pursuant to Title 33 of the Code of Federal Regulations, Part 331. With the conclusion of the appeals process, our office is again directing you to comply with the restoration order described in our September 18, 2009 letter and the enclosed restoration plan. Proper erosion control measures, such as ground cover, straw, riprap, and/or silt fence, must be installed immediately to prevent sediment from entering into adjacent waters and wetlands, and all of the restoration work must be completed with 30 days of the receipt of this letter. If, at any time, sediment reenters wetlands and/or waters, as a result of the unauthorized activities or remedial action, the material must be removed immediately and the area restored back to original elevations. Once the dam has been removed, our office will determine whether any additional measures need to be taken in order to stabilize the disturbed stream channel. It is strongly recommended that you contact our office when restoration has been initiated so any additional measures can be made while equipment is onsite. Please be reminded that failure to complete the required restoration may result in the immediate referral of the matter to the U.S. Attorney with a recommendation for civil prosecution, or to the U.S. Environmental Protection Agency with a recommendation for administrative penalties. -2- If you have any questions or comments, please do not hesitate to contact Mr. Mickey Sugg of my regulatory staff at (910) 251-4811. Sincerely, Jefferson M. Ryscavage Colonel, U.S. Army District Commander Copies Furnished (without enclosures): George E.B. Holding United States Attorney Eastern District of North Carolina 310 New Bern Avenue, Suite 800 Raleigh, North Carolina 27611 Mr. Wallace R. Sherron, Director State Property Section N.C. Department of Administration 116 West Jones Street Raleigh, North Carolina 27603 Ms. Joanne Steenhuis Division of Water Quality N.C. Department of Environment and Natural Resources 128 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. John Hennessey Division of Water Quality N.C. Department of Environment and Natural Resources 2321 Crabtree Boulevard Raleigh, North Carolina 27604-2260 Ms. Cyndi Karoly VC ision of Water Quality . Department of Environment and Natural Resources 2321 Crabtree Boulevard Raleigh, North Carolina 27604-2260 Mr. Paul Worthington Division of Land Quality N.C. Department of Environment and Natural Resources 128 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Mike Wylie U.S. Environmental Protection Agency Wetlands Section-Region IV Water Management Division 61 Forsyth Street, SW Atlanta, Georgia 30303 -3- Mr. Joel Strange U.S. Environmental Protection Agency Wetlands Section-Region IV Water Management Division 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Larry Baldwin Land Management Group, Inc. Post Office Box 2522 Wilmington, North Carolina 28405 Mr. Todd Kelly Natural Resource Conservation Service Post Office Box 125 Beaufort, North Carolina 28516 Ms. Maria Tripp N.C. Wildlife Resource Commission 943 Washington Square Mall Washington, North Carolina 27889 Ms. Molly Ellwood N.C. Wildlife Resource Commission 128 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Jason Steele, Administrative Appeals Review Officer U.S. Army Corps of Engineers South Atlantic Division 60 Forsyth Street SW, Room 10M 15 Atlanta, Georgia 30303-8801 Ms. Vontice Jackson Natural Resource Conservation Service Onslow Multi-Purpose Complex 4028 Richlands Highway Jacksonville, North Carolina 28540 Howard Hall U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Michael D. McCulley, Jr. Michael D. McCulley, Jr. P.A. 313 Walnut Street Wilmington, North Carolina 28401