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Home My WebLink About20051795 Ver 1_Northern Riverfront Marine_Noncompliance_Restoration Complete_20220525DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 May 24, 2022 Regulatory Division Action ID No. SAW 2005-01105 NRMH Holdings, LLC Attn: Charles Schoninger 720 N Third Street, STE 301 Wilmington, NC 28401 Dear Mr. Schoninger: This letter serves as a follow-up to our February 16, 2022, and April 6, 2022, onsite meetings concerning the restoration efforts associated with the non-compliance of our August 7, 2007, issued Department of the Army (DA) authorization for the construction of the Northern Riverfront Marina facility in jurisdictional waters of the Northeast Cape Fear River. The Marina facility is located at the end of Harnett Street in Wilmington, New Hanover County, North Carolina. During your recent dredging activity at this facility, the extracted material was placed on property along the western bank of the river by the contractor, Atlantic Construction. Pursuant to the issued DA permit, Special Conditions 2, 3, and 15 are specific to work operational limits pertaining to waters and wetlands and state the following: 1) Special Condition 2: "Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land - clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project." 2) Special Condition 3: "Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands." 3) Special Condition 15: "No dredged material will be placed at any time in waters outside the disposal area." Our records show multiple modifications to the original permit, but these -2- modifications are stipulated that all original conditions remain valid unless a modification or revocation of a specific condition(s) has been specified in the modification. This has not been the case in the above special conditions. Additionally, after our review of your most recent permit request for the dredging activity, our office replied with a favorable email decision to the work contingent that all material be placed in an upland disposal area. During the above referenced meetings, our office confirmed that the recent disposal work occurred in wetlands subject to our permitting authority under Section 404 of the Clean Water Act and impacted approximately 0.37 acres of wetlands adjacent to the Northeast Cape Fear River. As such, you are non -compliant with the terms and conditions of the subject DA authorization and in violation of Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act (33 USC 1344). In response to our onsite meetings and based on our May 3 and 9, 2022 follow-up inspections, it has been determined that the restoration efforts have been satisfactorily completed. Accordingly, no further action will be taken in this matter and our file will be closed as of the date of this letter. It is strongly recommended that the site be properly stabilized to prevent sediment from reentering into the adjacent wetlands and waters. Please be aware that if any sediment erodes into jurisdictional wetlands and/or waters, you will be responsible for the removal of the material. Also, please be reminded that all conditions of the permit remain valid. It is strongly recommended that you contact Ms. Holley Snider of North Carolina Division of Water Resources and Ms. Tara McPherson of North Carolina Division of Coastal Management to determine the need for any additional State remedial action. A copy of our restoration plan that was followed for the remedial action is enclosed for your records. Please be cautioned that any future non-compliance of the issued permit may be considered a willful and intentional violation of Federal law and may result in immediate referral of the matter to the U.S. Attorney with recommendation for civil prosecution. Thank you for your time and cooperation in resolving this matter expeditiously. If you have any question or comments in this matter, please contact Mr. Greg Currey at (910) 523-1151 or greg.e.currey(ausace.army.mil , Wilmington Regulatory Field Office. Sincerely, Mickey Sugg Digitally signed by Mickey Sugg Date: 2022.05.24 16:00:03 -04'00' Mickey Sugg, Chief Wilmington Regulatory Field Office -3- Enclosures: Restoration Plan Electronic Copies Furnished (with enclosures): Mr. Steve Morrison, Land Management Group Ms. Debbie Wilson, Debbie Wilson Consulting Mr. Anthony Lucchino, NRMH, LLC Mr. David Brinkley, ACI Holdings, LLC NMFS; Mr. Fritz Rhode/Ms. Twyla Cheatwood NMFS; Mr. Pace Wilber NCDCM; Mr. Jonathan Howell NCDCM; Ms. Tara McPherson NCDWR; Ms. Holley Snider NCDWR; Mr. Paul Wojoski USFWS; Mrs. Kathy Matthews USEPA; Mr. Todd Bowers Action ID: 2005-01105 Permittee: N. Riverfront Marina Disposal Contractor: David Brinkley Landowner: Michael White Map Not To Scale Date: 4/6/2022 MSugg = Wetlands to be restored to pre -fill elevations X= flagged restoration line RESTORATION PLAN1 Small cluster of trees Paved Road Undisturbed wetlands x x Undisturbed wetlands ,, • Flagged Target Benchmark Elevation driveway Tugboat Cape Fear River