20070795 Ver 1_USACE Correspondence_20070917

a-~ F 'o ~ - 01 q 5

DEPARTMENT OF THE ARMY `.--d
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
September 17, 2007
Regulatory Division
Action ID No. SAW-2006-40668
Mr. Joe Cox
CHC Mining
1707 Bent Tree Trail
Ocean Isle Beach, North Carolina 28469
Dear Mr. Cox:
Please reference the October 18, 2006 Department of the Army (DA) verification to utilize
Nationwide Permit (NWP) 44 (Action ID: SAW-2006-40668) for permanent impacts to
jurisdictional wetlands adjacent to the Shallotte River for the Hardee Sand Mine near Shallotte,
Brunswick County, North Carolina. Specifically, the Corps had authorized a permanent
discharge of fill material into 0.50 acres of wetlands for the purpose of mining sand. Please also
note Special Conditions 1 and 2 of the subject verification and that it was an After-the-Fact
permit. A copy of the verification notice, the NWP General and Regional Conditions and map
are included for your reference.
In response to your request for a jurisdictional determination on an adjacent parcel,
Ms. Kimberly Garvey, of this office, noticed that a receipt for payment to NC EEP had not been
received. On September 12, 2007, you and your son met Ms. Kimberly Garvey, of this office,
and your agent Mr. J. Tom Gulley, Jr., of Needham Environmental Inc., on site to discuss the
compliance issues. In response to the meeting of September 12, 2007 and subsequent file
review, Ms. Garvey has determined that 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 (33 USC
1344). The specific violations are as follows:
1. Failure to submit payment to NC EEP prior to continuing work in jurisdictional areas
(see Special Condition 1);
2. Failure to submit Certification of Compliance (see Special Condition 2); and
3. Violated the Terms and Conditions of Section 401 Water Quality General Certification
3402 (NWP General Condition 9).

-2-
In an effort to resolve this matter, we request that you submit to us, in writing within two
weeks of receipt of this correspondence, the following:
A. Receipt for payment to NC EEP for amitigation-to-impact ration of 2:1 as required
by your 401 Water Quality Certification;
B. An explanation for the above-cited violations and how you propose to prevent further
non-compliance; and
C. A proposal to mitigate for the temporal loss of the aquatic functions (biological,
chemical and physical) of your exceeded impacts and on-site preservation areas.
Your compliance with this directive does not foreclose the Department of the Army's option
to initiate additional appropriate legal action including pursuing administrative fines or referral
to the United States Attorney with a recommendation for civil action.
Thank you for your time and cooperation.. Should you have questions, please contact
Ms. Kimberly Garvey, of the Wilmington Regulatory Field Office, at [phone].
Sincerely,
Keith A. Harris, Chief
Wilmington Regulatory Field Office
Enclosures
Copies Furnished (with enclosures):
J. Tom Gulley, Jr.
Needham Environmental, Inc.
Post Office Box 960
Wilmington, North Carolina 28402
Copies Furnished (without enclosures):
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27611

-3-
Mr. Pete Benjamin, Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Mike Wylie
Wetlands Section-Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Robb Mairs
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Joanne Steenhuis
Division of Water Quality
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Danny Smith
Division of Water Quality
N.C. Department of Environment
and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
M .Ian McMillan
.C. Department of Environment
and Natural Resources
Division of Water Quality
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-1621
Ms. Kelly Williams
N.C. Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, North Carolina 27699-1652
Mr. Dan Sams
Land Quality
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405