20031240 Ver 3_Other Agency Comments_20071102

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
AUNT ON OF: November 1, 2011
Regulatory Division
Action ID No. SAW-2004-00026
Mr. Chris Ivers
North Carolina Aquarium at Pine Knoll Shores
1 Roosevelt Boulevard
Pine Knoll Shores, North Carolina 28512
Dear Mr. Ivers:
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DENR - WATER CIUALITY
SAND STURMWATER BRANCH
Please reference our May 27, 2011 letter to you regarding the non-compliance with the terms
and conditions of the January 15, 2004 Department of the Army (DA) verification to utilize
Regional General Permit (RGP) 198000291, and subsequent September 9, 2004 and October 17,
2007 modifications, issued to the North Carolina Aquarium at Pine Knoll Shores (Aquarium) for
impacts to waters of the U.S., specifically wetlands abutting Bogue Sound, in the Town of Pine
Knoll Shores, Carteret County, North Carolina. Specifically, the Aquarium did not comply with
the approved mitigation plan by failing to execute and record a Conservation Easement to
preserve remaining and created on-site wetlands.
On October 19, 2011, the Corps received your alternative mitigation proposal and request
for a new DA authorization. Specifically, you now propose to provide (after-the-fact) a 1:1 in-
lieu-fee payment to the North Carolina Ecosystem Enhancement Program (NC EEP) for the 0.25
acres of permanent riparian wetland impact instead of on-site wetland creation and preservation.
Upon review of your proposal pursuant to the Clean Water Act Section 404(b)(1) guidelines and
the 2008 Final Rule for Compensatory Mitigation for Losses of Aquatic Resources (33 CFR
332), the Corps finds your plan acceptable. As such, please find the enclosed General Permit
Verification, Regional General Permit 198000291 and Special Conditions.
Please be aware that you are responsible for adhering to all terms and conditions of this
RGP. Failure to maintain compliance with this authorization may result in our pursuit of a Class
I Administrative Penalty under the authority of 33 U.S.C. § 1319(g) and 33 CFR Part 326.6.
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Thank you for your time and cooperation. If you have any questions regarding this matter,
please contact Ms. Jennifer Frye, at the Wilmington Regulatory Field Office, telephone (910)
251-4923.
Sincerely,

Dale E. Beter, Chief
Wilmington Regulatory Field Office
Enclosures
Copies Furnished (with Enclosures):
Mr. Zak Pierce
CLH Design P.A.
400 Regency Forest Drive, Suite 120
Cary, North Carolina 27518
Ms. Joanne Steenhuis
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Debra Wilson
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Copies Furnished (without Enclosures):
Honorable Thomas G. Walker, U.S. Attorney
Eastern District of North Carolina
310 New Bern Avenue, Suite 800
Raleigh, North Carolina 27601-1461
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Ms. Molly Davis, Chief
Wetlands Enforcement Section
Water Protection Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
Mr. Doug Huggett
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Ian McMillan
North Carolina Department of
Environment and Natural Resources
Webscape Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650