SAW-2008-00758 Ver 1_Notice of Violation_20080626

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
ORM ID: SAW 2008-00758
Mr. Troy Lane Mayo
Post Office Box 22
Scranton, North Carolina 27875
Dear Mr. Mayo:
June 26, 2008
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Please reference the February 27, 2008, correspondence we issued to you regarding the
unauthorized placement of fill material within approximately 11,730 square feet (0.27 acre) of
high quality coastal marsh on your property located off State Road 1143, adjacent to Smith
Creek, near Scranton, in Hyde County, North Carolina. Also reference the restoration alignment
staked and flagged on February 19, 2008, by Mr. Raleigh Bland of my Washington Regulatory
Field Office staff.
By copy of this letter, you are ordered to cease and desist from any further unauthorized
work within waters of the United States, including wetlands. In addition, you are also ordered to
remove all unauthorized fill material from wetlands as indicated by Mr. Bland, restoring pre-
project elevations and contours to the impacted area. This restoration work must be completed
within 30 days from your receipt of this letter.
We have also learned that the State has issued a "Notice of Continuing Violation" to you and
may seek an injunction or criminal penalty against you for failure to cooperate with their request
to restore the impacted wetlands within the State's Coastal Wetland and Coastal Shoreline Area
of Environmental Concern. We coordinate our enforcement program with the Division of
Coastal Management and will work with them in this matter.
Failure to comply with this request may result in referral of this matter to the United States
Attorney with a recommendation for appropriate action.
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FAWRIN RECff 7Y IREQUESM
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Thank you for your time and cooperation. If you have any questions, please contact Mr.
Bland at the Washington Regulatory Field Office, Post Office Box 1000, Washington, North
Carolina 27889-1000, telephone [phone], extension 23.
Sincerely,
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John E. Pulliam, Jr.
Colonel, U.S. Army
District Commander
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
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Ms. Cyndi Karoly
N.C. Division of Water Quality, Wetlands Unit
2321 Crabtree Blvd, Parkview Building
Raleigh, North Carolina 27604
Mr. Ted Tyndall
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Terry Moore
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Al Hodge
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Sean McKenna
Division of Marine Fisheries
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Ms. Maria Tripp
North Carolina Wildlife Resources Commission
943 Washington Square Mall
Washington, North Carolina 27889