20120972 Ver 2_Other Agency Comments_20130912

REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
September 6, 2013
Regulatory Division
Action ID No. 2009 00315
Mr. Michael G. Tuton
Onslow 22, LLC
1000 Hunters Trail
Midway Park, North Carolina 28544
Dear Mr. Tuton
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Ovate.- Branch
Please reference our February 8, 2013 and March 21, 2013 letters to you regarding non-
compliance with the terms and conditions of the Nationwide Permit (NWP) 29 (Action ID:
SAW- 2009 - 00315) verified on October 12, 2012 for permanent impacts to waters of the U.S.
hydrologically connected to Rocky Run for the residential subdivision Wantlands Ferry, Section I
at Towne Pointe, in Jacksonville, Onslow County, North Carolina Specific non - compliance
actions included discharge of fill material outside authorized fill limits in Waters of the U.S.,
temporary impacts exceeding the "minimum time necessary" as listed on Sheet 1 of 4 of the
permitted plans, inaccuracies of the stream channel location as shown on the permitted plans
resulting in culvert alignment that resulting in indirect wetland and stream channel impacts not
accounted for in the permit application, and failure to meet Nationwide Permit Conditions 2, 8, 9,
and 12 and Regional General Condition 3 6 of NWP 29
Based upon a site inspections by Mr. David E. Bailey of the U S. Army Corps of Engineers,
Wilmington Regulatory Field Office (Corps) on May 15, 2013, June 19, 2013, and August 15,
2013, and written responses received from your agent, Mr Tim Stewart of Parker & Associates,
Inc., on March 15, 2013, April 19, 2013, May 13, 2013, and September 6, 2013, the Corps
determines that you satisfactorily completed your permit compliance efforts by submitting an
explanation for violations proposing to prevent further non - compliance, redirecting temporarily
diverted water back into the stream channel downstream of the project site, restoring all areas
containing discharges of fill material beyond the permitted limits to the satisfaction of the Corps,
and submitting an application (Pre - Construction Notice) to the Corps for authorization of a
downstream np rap pad to mitigate against future stream bank and wetland impacts due to culvert
alignment (refer to NWP 29 dated May 14, 2013) Accordingly, the Corps will take no further
action in this matter and will close our file as of the date of this letter.

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Please be cautioned that the Corps considers any future unauthorized work of similar
nature in waters of the U S., or permit noncompliance, a repeat and flagrant violation of Federal
law and may result in a Class I Administrative Penalty pursuant to 33 U S.C. § 1319(g) and 33
CFR Part 326.6 or immediate referral of the matter to the U.S. Environmental Protection
Agency with recommendation for civil and/or criminal prosecution
Thank you for your time and cooperation in resolving this matter. If you have any questions
or comments in this matter or any future permit inquiries, please contact Mr David Bailey at
(910) 251 -4469 or David E Bailey2lci,usace army mil
Sincerely,
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Dale E. Beter, Chief
Wilmington Regulatory Field Office
Copies Furnished.
Mr. Timothy M Stewart, P.E
Parker & Associates, Inc
Post Office Box 976
Jacksonville, North Carolina 28541
Mr Elijah T. Morton
Morton Minerals, Inc
121 Garnett Lane
Jacksonville, North Carolina 28546
Thomas G Walker, U. S Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800
Terry Sanford Federal Building & US Courthouse
Raleigh, North Carolina 27601 -1461

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Ms. Molly Davis
Chief, Wetlands Enforcement Section
Water Protection Division, Clean Water Enforcement Branch
U S. Environmental Protection Agency - Region IV
61 Forsyth Street, Southwest
Atlanta, Georgia 30303 -8960
Criminal Investigation Division
U S. Environmental Protection Agency
6324 Fairview Road
Suite 525
Charlotte, North Carolina 28210
Ms. Joanne Steenhuis
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr Shelton Sullivan
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699 -1617