20041801 Ver 1_Corps of Engineer Correspondence_20150928

Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA,28403-1343
September 23, 2015
Action ID No. SAW-2004-21182/Ford's Colony at Rocky Mount
Dear Mr. Tiernan:
Reference is made to the Department of the Army (DA) permit dated, September 28, 2005,
authorizing the placement of fill material into 4.18 acres of wetlands and 1.23 acres of open
water, the permanent loss of 398 linear feet of perennial stream channel and 801 linear feet of
intermittent stream channel, and the temporary disturbance to 60 linear feet of perennial
stream channel associated with the mechanized land-clearing and development of Ford's
Colony at Rocky Mount golf course and residential subdivision. Specifically, the project
consists of 1,150 acres located on the west side of U.S. Highway 301, south of Battleboro
Road, north of Rocky Mount, adjacent to Beech Branch and several of its unnamed tributaries,
in Nash County, North Carolina.
Reference is also made to a site inspection conducted on the property on March 5, 2014,
by Mrs. Jean B. Gibby and Mr. 'Thomas Brown of my staff to conduct a compliance inspection
of the subject permit. Their investigation revealed that all filling activities have been
completed. However, the work associated with the on-site mitigation plan, as outlined in
permit conditions k, m-r and t, has not been implemented as required. In addition, through
coordination with Mr. Brad Kerr, City of Rocky Mount, Director of Engineering, we learned
that the property is no longer owned by Ford's Colony at Rocky Mount. The City of Rocky
Mount is currently responsible for completion of Section 4 of the development utilizing the
performance bond. Therefore, the failure to properly transfer the permit to the subsequent
owner is also not compliant with the terms of the permit.
It is our understanding that you have not owned the property since approximately
2008/2009. After careful consideration of your on-going -noncompliance with the terms and
conditions of the subject DA authorization, which remains a violation of Section 404 of the
Clean Water Act (33 USC 1344), and the public interest, the Corps of Engineers, Wilmington
District by letter dated April 6, 2015, suspended the 404 authorization for Ford's Colony
pursuant to our regulations found at 33 CFR 325.7 (c).

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At this point the Corps believes that a reasonable length of time has passed with the permit in
suspended status with no notice to request a public hearing and/or a meeting with this Office, or
the District Commander. At this point we believe it is necessary to revoke your permit pursuant
to 33 CFR 325.7 (d). Please be aware that since your permit is revoked no work in waters and
wetlands should be performed at any location on this property.
Should you have questions or comments please contact Mr. James Lastinger or
Mrs. Jean B. Gibby, Raleigh Regulatory Field Office, at telephone [phone] extension 32
or extension 24, respectively.
Sincerely,
-I/-, P, QL.
Kevin P. Lan /rsSr.
Colonel, U.S. Army
District Commander
Enclosure
Copies Furnished:
Hon. Thomas G. Walker
U. S. Attorney
Eastern District of North Carolina
310 New Bern. Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27611
Mr. Tony Able, Chief
Wetlands Section-Region IV
Water Management Division
US Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303

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Ms. Karen Higgins
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
FRH, LLC
Attn: Mr. Brian Ford
One Ford's Colony Drive
Williamsburg, VA 23188