20051673 Ver 1_Other Agency Comments_20050803

Regulatory Division
Action ID 200500471
July 26, 2005
_ - ~+,
~; €
~~.
;;,~'.
~; `~
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,~CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
Dr. Bruce and Tammy Wheeler
4431 Fern Creek Drive
Fayetteville, North Carolina 28314
Dear Dr. and Mrs. Wheeler:
~~~ ,..
~~
On the afternoon of May 19, 2005, Lillette Granade of my staff, Justin McCorcle of our
Office of Counsel, and myself, joined by Ken Averitte of the North Carolina Division of Water
Quality, met with you to discuss the unauthorized discharge of fill into wetlands, and subsequent
violation of Section 301 of the Clean Water Act (33 USC 1311), for the creation of a backyard
located adjacent to Buckhead Creek, at 4427 Ferncreek Drive, lot 206, in Buckhead Subdivision,
in Fayetteville, Cumberland County, North Carolina.
During this meeting, you were informed you had two options for resolving this violation.
You could remove all unauthorized fill from the wetlands, or you may apply for an After-the-
Fact Individual Permit in an attempt to keep the unauthorized fill. You were provided a copy of
the Individual Permit application. We explained it would be difficult for you to obtain an After-
the-Fact permit given the circumstances of your violation. As of the date of this letter, we have
not received an Individual Permit application from you.
The purpose of this letter is to inform you that all unauthorized wetland fill must be remove
within 30 days of receipt of this letter. If the unauthorized wetland fill is not removed within this
period, we will pursue further legal and administrative action against you.
If there are questions, contact Lillette Granade, Wilmington Regulatory Field Office, at
[phone].
Sincerely,
Keith A. Harris, Chief
Wilmington Regulatory Field Office

-2-
Copies Furnished:
Cyndi Karoly
Division of Water Quality
.C. Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27609-2260
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27611
Mr. Pete Benjamin, Field Supervisor
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
NOAA-Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
National Marine Fisheries Service
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Ken Averitte
Division of Water Quality
N.C. Division of Coastal Management
225 Green Street, Suite 714
Fayetteville, North Carolina 28301-5043
Mr. Ronald J. Mikulak, Chief
Wetlands Section-Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303