20070321 Ver 1_Other Agency Correspondence_20071005

f;UG. E:3.2007 8: 00AM
N0.~67 P.1
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U.S. ARMY CORPS OF ENGINEER
151 Falcon A+rcra~e, Room 208
As~-~,iAe, North CaTOiina 288Q1 so06
(828} 2 7I-7980
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AUG-23-200 THU 08:46 TEL:[phone] NAME:dWQ-WETLANdS P. 1

AUr.23.20D7 B:DDAM
August 1, 2007
Regulatory Division
Action lD. 2007-965-314
Mr. Tom Franl~lin
prudential Source One
1069$ Ocean Highway
Pawleys Island, South Catalina 295$5
Dear 1VIr. Franklin:
N0.567 P.c
Please reference the June 28, 2007, on-site meeting between IVls, Amanda Jones of our
Asheville Regulatory Field O~xce, Mr.1Vlarion Rothrock of Rathroeir Engineexixtg, and Mr. Chris
Huysman of Wetland and Nafi~ral Resource Consultants, at your property known as Grandfather
Vistas ofBlowuig Rack located off of Richland Road, near Richland Gap, Caldwell County,
North Carolina_ The purpose of the meeting eras to investigate the unauthorized discharge of fill
material into unnamed tributaries of the Yadlan River associated with the an-going construction
o£ a residential development It~own as Grandfather Vistas at Blowing Rock (Formerly Saddle
Creep Estates and Blue River Ridge at Blowing Rock).
Based upon our site inspection, we have determined that approarimately 1,1001inear feet of
perennial stream channels have been filled due to road construction and grading activities.
These activities, involving the'dischar~e of fill material in waters of the United Mates without
authorization by a Departulent of the Army permit, is a violation of Section 301 of the Clean
Water Act (33 U.S.C. 1311). You are directed to cease and desist from any fin-ther unauthorized
work in waters of the United States. In order for our office to adequately assess the appropriate
type of enforcemart action and xesalution to this unauthorized activity, we request that the
following information be submitted to our office within 30 days from the date you receive this
letter:
Information depicting impact locations including type and. amount of impact to waters
of the U.S. The information provided should depict e7cisting and future phases of the
development, existing impacts prior to site ownership, impacts occurred during
ownership, and proposed futuue impacts with additional phases including any driveway
access for lots. Please provide any maps iz1 sizes 11X17 or smalXer.
Information that e~rplains the timeline of construction, in waters of the U.S. and all the
parties involved. This submittal should also include information on any other
outstanding violations with state reguJ,atory agencies,
CBR'TIFIBD MA~,~
RETURN RECEIPT RE(1TJESTBl7
AU~a-23-2DD7 THU 08:46 TEL: [phone] NAME:DWQ-WETLANDS P. 2

AUG.2.S.EG87 8:81AM
-2-
N~. 56~' F'. S
You also have t1~.e option to pursue an after-the-fact Department of the Army permit
autb,arization for the completed ~pv'ark. Enclosed is a Departmeot of the Aroay Standard Permit
application which should be submitted within 30 days from the received date of this letter. This
application should contain. information ~regazding measures you have taken to avoid and
mine ixripacts to aquatic resources and a mitigation plan that adequately compensates for the
proposed stream channel impacts. The application would. also need to include the above
requested information,
This office is currently considering referral of this case to the Environmental Protection
Agency or United States .A.ttorney. Please be advised that a failure to comply' with the abo~re
request wi11 likely result in immediate refemdl to the United States Attoxney with a
reconunendation for injunctive relief and civil penalties. i'f you have any questions, please
contact Ms. Amanda Jones in our Asheville Regulatory Field Cflice, at [phone] extension
231.
CESAW-RG-A/rdNES/acr
Sincerely,CESAW-OC ~~~
CESAW-RGU~'~'fs'
CESAW-RC'~~
CESAW-RGJF"T~E
John k?. Pulliam, Jr.
Colonel, U.S. Army
District Commander
Copies Furnished;
Mr. Marion Rothrocl~
Rothrock Engineering
4779 Kirby Mtn. Road
T.eiioir, North Carolina 2$645
Mr. Chris ~Tuysman
Wetland and Natural Resource Consultants
3674 Pine Swamp Road
Sparta, North Carolina 2$675
1VLr. Mark ~', Calloway
United States P~ttorney
Western District of Nazih Cazolina
Suite 1700, Carillon Building
227 West Trade Street
Gharlvtte, North Caralinaa 2$2p2
AUG-23-28D7 THU D8:46 TEL:[phone] NAME:DWQ-WETLANDS P. 3

AUG. E9.2807 8:01AM
-3~
Mr. Ronald 1. Mikttlak, Chief
Wetlands Section-Regzon IV
Water Management Aivisian
'(.T.S. EnviXOxunental Protection Agency
51 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Kevin Barnett
NC DENR Asheville Regional O~tce
Divisxoa o~'UVater Quality
2090 U.S. T~igh~vay 70
$wannanaa, North Carolina 28778
Mr. Ron. Linville
N.C. Wildlife Resource Commission
Western Piedmont Region Coordinator
3855 IdXewild Road
Kemersville, North Carolina 272849180
$CF:
CESAW-RG/JOl/r.Y
CESAW-OCJMCCORC7..E
CESA'V4~ RCr-A/JONES
CESAW RCriA/WALI~ER
REA]~IlVCx PILE
r~c}.~~t P.4
AUG-23-2007 THU 88:46 TEL:[phone] NAME:DWQ-WETLANDS P. 4