20051673 Ver 1_Other Agency Comments_20051212

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
.~ ~~ PO BOX 1890
WILMINGTON NC 28402-1890
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December 8, 2005
Regulatory Division (~? ~ `~`~
Action ID. 200500471 ®`~`°'~ 1
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Dr. Bruce M. Wheeler
4431 Ferncreek Drive
Fayetteville, North Carolina 28314
Dear Dr. Wheeler:
By copy of the North Carolina Department of Environment and Natural Resources, Division
of Water Quality's letters to .you dated November 22 and December 5, 2005, we have learned
that your application fora 401 Water Quality Certification, to allow the 0.054 acres of
unauthorized wetland fill, for the creation of a backyard, to remain, has been denied. The
unauthorized wetland fill is located adjacent to Buckhead Creek, on Lot 206, at 4431 Ferncreek
Drive, in Buckhead Subdivision, off Raeford Road, in Fayetteville, Cumberland County, North
Carolina. Under the administrative rules of our regulatory program, denial of a Division of
Water Quality's 401 Water Quality Certification precludes favorable consideration of a Federal
permit. Accordingly, your Department of the Army application is hereby denied without
prejudice.
Additionally, we received unfavorable comments from Federal and State review agencies.
Their reaction to your proposal is the result of anticipated significant adverse impacts. You were
provided these Federal and State agencies' comments on November 18, 2005, to alert you to
concerns in addition to those identified in the State's denial letter. While appealing the
referenced certification is the next step in pursuing State authorization, you should be aware that
Federal and State agency comments would be unchanged by the outcome of that appeal.
Because of the Federal and State agencies' influence on Department of the Army permit
decisions, it is unlikely a Department of the Army permit would be authorized.
Therefore, you are required to remove all unauthorized wetland fill within 30 days of receipt
of this letter. Failure to comply will result in a referral to the U.S. Attorney and the U.S.
Environmental Protection Agency for possible civil and or criminal penalties.

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If there are questions, contact Lillette Granade, Wilmington Regulatory Field Office, at (910)
251-4829.
Sincerely,
Keith A. Harris, Chief
Wilmington Regulatory Field Office
Copies Furnished:
Ms. Cyndi Karoly
ivision of Water Quality
.C. Department of Environment
and Natural Resources
Division of Water Quality
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. Ronald J. Mikulak, Chief
Wetlands Section-Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Ron Sechler
National Marine Fisheries Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
National Marine Fisheries Service, NOAA
219 Fort Johnson Road
Charleston, South Carolina 294 1 2-9 1 1 0
Mr. Ken Averitte
Division of Water Quality
N.C. Division of Coastal Management
225 Green Street, Suite 714
Fayetteville, North Carolina 28301-5043
Audra A. Dortch, Special Agent
North Carolina Fraud Resident Agency
Major Procurement Fraud Unit
U.S. Army Criminal Investigation Command
8-1221 Randolph Street
Fort Bragg, North Carolina 28310