20240368 Ver 1_Other_20240712 (12)

Baker, Caroline D
From: Pullinger, Robert C
Sent: Friday, July 12, 2024 8:16 AM
To: Tankard, Robert
Subject: FW: [External] RE: Compliance Investigation; Outer Banks Ventures Property off Malia
Drive in Corolla
From: Bland, Raleigh W CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, July 10, 2024 1:42 PM
To: Mitchell, Martin L <[e-mail]>; Graboski, Scott A <[e-mail]>; Mark Bissell
<[e-mail]>
Cc: Tutt, Joshua C CIV (USA) <[e-mail]>; Standridge, Billy W CIV USARMY CESAW (USA)
<[e-mail]>; Renaldi, Ronald <[e-mail]>; Howell, Jonathan
<[e-mail]>; Bodnar, Gregg <[e-mail]>; Dumpor, Samir
<[e-mail]>; Thorpe, Roger <[e-mail]>; Pullinger, Robert C
<[e-mail]>
Subject: [External] RE: Compliance Investigation; Outer Banks Ventures Property off Malia Drive in Corolla
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
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Thanks for the update and response to Mr. Graboski from NCDEQ.
There continues to be some confusion among the Cc agency representatives on this list regarding the "wetland survey
stakes" and the "limits of fill stakes". The "limits of fill stakes" do not represent the wetland boundary and therefor any
fill material placed waterward of those stakes does not necessarily constitute a 404 wetland issue. There appear to be
numerous areas of fill and/or disturbance beyond the "limits of fill" stakes but do not all include earthen fill material
waterward of the "wetland survey stakes". The "limits of fill" stakes were placed by the owner for whatever purpose but
they do not represent the wetland boundary survey. In addition, as previously noted, stump grinding and mulching
traditionally are not regulated activities by the Corps. I am pleased to see that the new growth in the mulch and grind
area is dominated by FAC or FAC Wetter species. The Corps will conduct an onsite inspection tomorrow and if there are
any wetland fill issues they will be addressed. At this time, the most notable area of Corps concern is where the May 19,
2020, Nationwide Permit 18 was issued to repair the breach and install a water control structure. At this location, there
does appear to be an area of wetlands that have been impacted by sediment and erosion from the authorized breach
repair activities.
As a result of the meeting scheduled for tomorrow, any questions regarding impacts to USACE Section 404 wetlands will
be addressed.
Thanks again and hope to see all concerned parties at the onsite.
Raleigh W. Bland, SPWS
Regulatory Project Manager
US Army Corps of Engineers

Washington Regulatory Field Office
2407 W. 5th Street
Washington, NC 27889
Phone: [phone]
Email: [e-mail]
From: Mitchell, Martin L <[e-mail]>
Sent: Wednesday, July 10, 2024 12:42 PM
To: Graboski, Scott A <[e-mail]>
Cc: Tutt, Joshua C CIV (USA) <[e-mail]>; Standridge, Billy W CIV USARMY CESAW (USA)
<[e-mail]>; Renaldi, Ronald <[e-mail]>; Howell, Jonathan
<[e-mail]>; Bodnar, Gregg <[e-mail]>; Dumpor, Samir
<[e-mail]>; Thorpe, Roger <[e-mail]>; Pullinger, Robert C
<[e-mail]>; Bland, Raleigh W CIV USARMY CESAW (USA) <[e-mail]>
Subject: [Non-DoD Source] Compliance Investigation; Outer Banks Ventures Property off Malia Drive in Corolla
Scott,
Thank you for your prompt and thorough response.
I, too, observed significant acreage of disturbance waterward of the "fill limits" stakes set by the applicant. This
included several locations of heavy equipment incursion into CAMA coastal wetlands.
At the time of my site inspection, the following hydrophytic plant species were beginning to re-emerge in areas of
stump grinding:
• Green ash (FACW)
• Sweetgum (FAC)
• Marsh elder (FACW+)
• Groundsel (FAC)
• Royal fern (OBL)
• Chain fern (FACW+)
From: Graboski, Scott A <[e-mail]>
Sent: Wednesday, July 10, 2024 11:45 AM
To: Bland, Raleigh W CIV USARMY CESAW (USA) <[e-mail]>; Mitchell, Martin L
<[e-mail]>
Cc: Tutt, Joshua C CIV (USA) <[e-mail]>; Standridge, Billy W CIV USARMY CESAW (USA)
<[e-mail]>; Renaldi, Ronald <[e-mail]>; Howell, Jonathan
<[e-mail]>; Bodnar, Gregg <[e-mail]>; Dumpor, Samir
<[e-mail]>; Thorpe, Roger <[e-mail]>; Pullinger, Robert C
<[e-mail]>
Subject: RE: [External] RE: Possible Violations; Outer Banks Ventures Property off Malia Drive in Corolla
Good Afternoon,
Since I won't be able to make the meeting on Thursday (7/11), 1 visited the site yesterday. As previously mentioned
in the email chain, I found that no erosion and sediment control measures were installed anywhere on -site. In
addition, approximately a couple of acres of disturbance, including tree clearing and sediment runoff, were
outside the approved limits of disturbance.

We are currently working on our correspondence with the financially responsible party.
Thank you,
Scott Graboski
Environmental Specialist II
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
252.948.3860 Office
Scott. Graboski kdeq.nc.gov
943 Washington Square Mall
Washington, NC 27889
7A
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Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Bland, Raleigh W CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, July 8, 2024 9:46 AM
To: Mitchell, Martin L <[e-mail]>
Cc: Mark Bissell <[e-mail]>; Tutt, Joshua C CIV (USA) <[e-mail]>;
Standridge, Billy W CIV USARMY CESAW (USA) <[e-mail]>; Renaldi, Ronald
<[e-mail]>; Howell, Jonathan <[e-mail]>; Bodnar, Gregg
<[e-mail]>; Dumpor, Samir <[e-mail]>; Thorpe, Roger <[e-mail]>;
Graboski, Scott A <[e-mail]>
Subject: [External] RE: Possible Violations; Outer Banks Ventures Property off Malia Drive in Corolla
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Thank You and hopefully we can address this during the onsite meeting.
I have checked with my schedule as well as the other representatives from my office that will need to attend, and the
owner and his agents are available to meet at 1100 Hours on Thursday July 11, 2024. This is short notice but we are
scheduling long term right now and unfortunately it would be closer to the end of the month before there were any
other available dates. The Engineer will be on the site to discuss the wetland boundary survey and any work along that
corridor. The Engineer has confirmed that anyone on the e-mail list is welcome to attend this meeting. I look forward to
meeting on the site and getting up to date on all of the work.
Raleigh W. Bland, SPWS
Regulatory Project Manager
US Army Corps of Engineers

Washington Regulatory Field Office
2407 W. 5th Street
Washington, NC 27889
Phone: [phone]
Email: [e-mail]
From: Mitchell, Martin L <[e-mail]>
Sent: Monday, July 8, 2024 9:25 AM
To: Bland, Raleigh W CIV USARMY CESAW (USA)<[e-mail]>
Cc: Mark Bissell <[e-mail]>; Tutt, Joshua C CIV (USA) <[e-mail]>;
Standridge, Billy W CIV USARMY CESAW (USA) <[e-mail]>; Renaldi, Ronald
<[e-mail]>; Howell, Jonathan <[e-mail]>; Bodnar, Gregg
<[e-mail]>; Dumpor, Samir <[e-mail]>; Thorpe, Roger <[e-mail]>;
Graboski, Scott A <[e-mail]>
Subject: [Non-DoD Source] Possible Violations; Outer Banks Ventures Property off Malia Drive in Corolla
Raleigh,
DCM has always recognized that work on the berm and the outlet control structure are not within CAMA
jurisdiction. The area in question was photo -documented only to show absence of sediment and erosion control
measures.
By way of this email, DCM is formally requesting that the applicant provide date -stamped photographs showing
the silt fences that are "no longer in place" along with an explanation as to why they were removed.
From: Bland, Raleigh W CIV USARMY CESAW (USA)<[e-mail]>
Sent: Monday, July 8, 2024 7:39 AM
To: Mitchell, Martin L <[e-mail]>; Renaldi, Ronald <ronaId. [e-mail]>; Howell, Jonathan
<[e-mail]>; Bodnar, Gregg <[e-mail]>; Dumpor, Samir
<[e-mail]>; Thorpe, Roger <[e-mail]>; Graboski, Scott A
<[e-mail]>
Cc: Mark Bissell <[e-mail]>; Tutt, Joshua C CIV (USA) <[e-mail]>;
Standridge, Billy W CIV USARMY CESAW (USA) <[e-mail]>
Subject: RE: [External] RE: Possible Violations; Outer Banks Ventures Property off Malia Drive in Corolla
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Thank You for the information you have provided for this site. As an update, I have been contacted by representatives
for the Outer Banks Ventures site and they have conducted several inspections since my e-mail and telephone
conversation on Friday. Their inspection revealed that there is only one small area where they confirm that there has
been fill discharged beyond the staked and resurveyed wetland line. They agreed to restore that area immediately. They
maintain that although the silt fences are no longer in place, there has been no evidence of fill eroding into the wetland
area as a result of their work. They further maintain that all of the disturbance within the 404 wetland area has been
limited to mulching and stump grinding and is consistent with the Corps long-standing position that mulching and stump
grinding is not an activity regulated under the Clean Water Act.
The Corps is currently making arrangements to visit the site this week or early next week. Until we make a site visit and
determine otherwise, the developer can continue to work at their own risk within uplands or the previously permitted
work on the property under our purview.

However, it was noted that the area where the berm had been authorized to be repaired via the Nationwide Permit
Program on May 19, 2020, was not completed as authorized. The wetland fill was put in place to repair the berm but the
pipe was not installed. The original determination from the Division of Coastal Management at the time was that a
CAMA Permit was not required and the activity was subject to the Corps Nationwide Permit. If this is no longer the case
for this particular activity, please confirm with me and let the Owner and Agent know that there has been a change in
the State's position as this would have an effect on the validation of the use of the Nationwide Permit.
In terms of the Erosion and Sedimentation Control measures for the activities on the site, including the large areas of
disturbance outside of the delineated wetland boundaries, the Corps will defer to the local government and State
agencies for any changes that need to be implemented for compliance. In this case, the Corps will only be involved with
the erosion and sedimentation issues if there is a determination that there has in fact been a discharge of fill materiel
into the wetland area as a result of failed or inadequate measures.
I hope this helps to illustrate the Corps position on this matter at this time, understanding that there may be changes
pending the outcome of the onsite inspection. I continue to have some concern with some of the stakes with different
color flagging as there are blue flags and stakes around the existing pond area where the bulkhead work has been
recently authorized and the blue flags and stakes were also used for the 404 wetland boundary survey along the
waterward side of the delineated upland areas.
I will provide a time and date as soon as we can get one arranged and anyone is welcome to participate. Thanks again
and look forward to resolving these matters in a timely and consistent manner.
Raleigh W. Bland, SPWS
Regulatory Project Manager
US Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, NC 27889
Phone: [phone]
Email: [e-mail]
From: Mitchell, Martin L <[e-mail]>
Sent: Friday, July 5, 2024 2:34 PM
To: Bland, Raleigh W CIV USARMY CESAW (USA) <[e-mail]>; Renaldi, Ronald
<[e-mail]>; Howell, Jonathan <[e-mail]>; Bodnar, Gregg
<[e-mail]>; Standridge, Billy W CIV USARMY CESAW (USA) <[e-mail]>;
Dumpor, Samir <[e-mail]>; Thorpe, Roger <[e-mail]>
Cc: Mark Bissell <[e-mail]>
Subject: [Non-DoD Source] RE: [External] RE: Possible Violations; Outer Banks Ventures Property off Malia Drive in
Corolla
Raleigh,
My 07/02/2024 field assessment was based on the blue -flagged "404" stakes and the "fill limits" stakes. There is a
segment several hundred feet long near the pond outlet where 404 emergent wetlands and CAMA coastal
wetlands share a common boundary.

Discussions are still underway as to whether DCM will beta king independent action regarding apparent
disturbance of CAMA coastal wetlands and/or work within an AEC without a valid permit.
Thankyou for keeping us in the loop. If I can be of further assistance, please let me know.
From: Bland, Raleigh W CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, July 5, 2024 1:47 PM
To: Mitchell, Martin L <[e-mail]>; Renaldi, Ronald <ronaId. [e-mail]>; Howell, Jonathan
<[e-mail]>; Bodnar, Gregg <[e-mail]>; Standridge, Billy W CIV USARMY CESAW
(USA) <[e-mail]>; Dumpor, Samir <[e-mail]>; Thorpe, Roger
<roger.thorpe@deq. nc.gov>
Cc: Mark Bissell <[e-mail]>
Subject: [External] RE: Possible Violations; Outer Banks Ventures Property off Malia Drive in Corolla
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
The US Army Corps of Engineers Washington Regulatory Field Office received your report and photos today. I have been
in contact with the Engineer and they explained the wetland alignment that has been re -surveyed back on the ground.
There is some confusion with the stakes and which line actually represents the 404 wetland boundary. The stakes with
the blue flagging represents the 404 wetland line and the stakes with the pink flags represents the 30 foot setback from
the wetland line that was required by Currituck County. In this regard, depending on which set of flagging you calculated
potential wetland fill impacts, there will be some vast discrepancies. However, based on your photos and the blue
flagged stakes, there has definitely been some fill deposited in 404 wetlands without prior authorization from this office.
In addition, based on your photos, there has also been fill deposited in wetlands as a result of inadequate sedimentation
and erosion control measures during the construction activities on the site.
During my telephone call with the Engineering firm today (5Jul24 / 1315 Hours), I recommended that all construction
related activities in or adjacent to any related wetlands or previous wetland permitting on the site cease and desist at
this time. I also recommended that any fill in wetlands waterward of the re -staked 404 wetland boundary be removed
immediately and the area restored to original pre -project elevations and contours. I also recommend that these
activities be coordinated with the appropriate State agencies and that adequate erosion and sedimentation control
measures be implemented. I will plan on conducting an onsite inspection and any unauthorized fill in wetlands will
constitute a violation of Section 301 of the Clean Water Act (33 USC 1311). 1 will determine the extent of the fill at that
time and prepare the appropriate correspondence to the land owner and the associated contractors.
Thanks for your information and I look forward to working with the owner and responsible parties to bring the project
back into compliance with the applicable laws and regulations.
Raleigh W. Bland, SPWS
Regulatory Project Manager
US Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, NC 27889
Phone: [phone]
Email: [e-mail]

From: Mitchell, Martin L <[e-mail]>
Sent: Wednesday, July 3, 2024 9:58 AM
To: Renaldi, Ronald <[e-mail]>; Howell, Jonathan <[e-mail]>; Bodnar, Gregg
<[e-mail]>; Bland, Raleigh W CIV USARMY CESAW (USA) <[e-mail]>;
Standridge, Billy W CIV USARMY CESAW (USA) <[e-mail]>; Dumpor, Samir
<[e-mail]>; Thorpe, Roger <[e-mail]>
Subject: [Non-DoD Source] Possible Violations; Outer Banks Ventures Property off Malia Drive in Corolla
Attached is a report with photos documenting observations I made on July 2, 2024 while inspecting the Outer
Banks Ventures property off Malia Drive in Corolla. This property is currently subject to Major Permit Application
PA-1183.
The inspection was made as a follow-up to DCM's site inspection conducted on June 13, 2024 (report also
attached).
In summary:
1. no sediment and erosion control measures have yet been implemented and
2. fill is present waterward of "wetlands" and "limits of fill" stakes placed by the applicant.
Feel free to contact me with any issues or questions.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.