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Home My WebLink About20051673 Ver 1_Other Agency Comments_20060117DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS PO BOX 1890 WILMINGTON NC 28402-1890 Regulatory Division Action ID. 200500471 January 6, 2006 ~ :_-~~ ~ ~ x°.r D ~G~~~:~d~,~~i,~ t t .~a ~_.~ .fi~N i 7 %'QGr DENR ANA(`' t !.i?"Y Dr. Bruce M. Wheeler 4431 Ferncreek Drive Fayetteville, ItiTOrth Carolina 28314 Dear Dr. Wheeler: By copy of the North Carolina Department of Environment and Natural Resources, Division of Water Quality's letter to you dated January 3, 2006, we have learned that your request fora 30 day extension of the 60 day appeals period associated with the denial of the 401 Water Quality Certification, to allow the 0.054 acres of unauthorized wetland fill 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. Therefore, in response to your January 2, 2006 letter requesting an extension of the 30 day deadline for removal of the unauthorized fill, as mandated by our permit denial letter to you dated December 2, 3005, we will only extend the deadline for removal of the unauthorized fill to January 20, 2006, which is the end of your 60 day appeals period. We will not grant any additional time extensions. Failure to remove all unauthorized fill by January 20 may result in a referral to the U.S. Attorney and the U.S. Environmental Protection Agency for possible civil and or criminal penalties. If there are questions, contact Lillette Granade, Wilmington Regulatory Field Office, at (910) 251-4829. Sincerely, hn E. Pu liam, Jr. Colonel, U.S. Army District Commander CERTIFIED MAIL RETURN RECEIPT REQUESTED -2- Copies Furnished: Ms. Cyndi Karoly Division of Water Quality North Carolina 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 Ste. 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 29412-9110 Mr. Ken Averitte Division of Water Quality North Carolina 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, NC 28310