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Home My WebLink About19930786 Ver 2_Other Agency Comments_20070925¢~ F q 3 - 0`1 ~ ~ Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS PO BOX 1890 WILMINGTON NC 28402-1890 September 21, 2007 Action ID No. SAW-2002-768 The Reserve Development Company, LLC Attn: Mr. John Atkinson, Jr. Past Office Box 10879 Southport, North Carolina 28461 Dear Mr. Atkinson: ~~ ~~ .. i . ~ ~ ~ I ,.~"a ~ ` d ~9 . ~:r_P L ~ 207 r r~+i ~~ Q~~` ~ ~Ty We have received information regarding the unauthorized discharge of fill material into Section 404 jurisdictional waters adjacent to Polly Gully Creek and Beaverdam Creek, along the south side of NC Highway 211, west of the main entrance to St. James Plantation, Brunswick County, North Carolina. Based upon a September 12, 2007 site visit bps. Kimberly Garvey of this office and information contained in the file, it was determined that approximately 0.5 acres of jurisdictional waters have been impacted by the discharge of fill material. A review of our files indicates that the Corps of Engineers has not issued a Department of the Army (DA) Permit to you for work of this nature. In this regard, this activity conducted in wetlands of the United States without prior approval from this office in the form of a DA permit, is a violation of Section 301 of the Clean Water Act (33 USC 1311). You are directed to cease and desist from any further work in the waters and to submit a detailed written explanation of your activities, to include the dates the unauthorized work was conducted and fill amount, to this office within 10 days of your receipt of this letter. You have the option of applying for an after-the-fact DA authorization for these impacts or restoring the area to pre-impact conditions. Please be aware that, through the permitting process you are required to demonstrate purpose and need of the project, avoid and minimize your impacts to jurisdictional waters to the maximum extent practicable, and provide mitigation for wetland losses. Keep in mind that you will be required to remove all discharged fill and provide restoration to the satisfaction of this office for those areas of impacted wetlands that you do not receive after-the-fact authorization. You have 30 days from receipt of this letter to submit to this office either a complete after-the-fact DA authorization request or a restoration plan. We are requesting, by copy of this letter, that the Federal and State agencies review your project and furnish their comments and recommendations regarding the violation to this office. We will then determine further appropriate administrative or legal action. -2- Failure to comply with this directive may result in referral to the United States Attorney with a recommendation for civil prosecution. If there are questions, contact Ms. Kimberly Garvey, Regulatory Division, at (910) 251- 4482. Sincerely, Keith A. Harris, Chief Wilmington Regulatory Field Office Copies Furnished: United States Attorney Eastern District of North Carolina 310 New Bern Avenue, Suite 800 Raleigh, North Carolina 27601-1461 Ms. Kim Williams Land Management Group, Inc. 3805 Wrightsville Avenue, Suite 15 Wilmington, North Carolina 28403 Mr. Mike Wylie Wetlands Section-Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Ms. Joanne Steenhuis Division of Water Quality N.C. Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Brunswick County Attorney Post Office Box 249 Bolivia, North Carolina 28422 Ms. Kacy Campbell Wetlands Section-Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Ian McMillan N:.C. Department of Environment and Natural Resources Division of Water Quality 2321 Crabtree Boulevard, Suite 250 Raleigh, North Carolina 27604-2260 Mr. Howard Hall U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 -3- Mr. Steven H. Everhart, PhD N.C. Wildlife Resources Commission Division of Inland Fisheries 127 Cardinal Drive Extension Wilmington, North Carolina 28405