20070321 Ver 1_USACE Correspondence_20081106

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO p
ATTENTION OF: November 4, 2008
Regulatory Division
Action ID. 2007-965-314
Mr. Tom Franklin
Prudential Source One
10698 Ocean Highway
Pawleys Island, South Carolina 29585
Dear Mr. Franklin:
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Please reference our October 3, 2007 letter regarding the unauthorized activities on the site
which resulted in approximately 1,280 linear feet of stream channel being filled in order to
construct a residential development known as Grandfather Vistas, near Richland Gap, in
Caldwell County, North Carolina. Based upon information submitted on your behalf, it was our
understanding that you plan to apply for an after-the-fact authorization to keep a portion of the
fill and also plan on restoring stream channels on the site as described in our October 3, 2007
letter. However, to date we have not received any correspondence from yourself or your agent
and have not received a Department of the Army standard permit application. We are still
considering referring this case to the Environmental Protection Agency or to the United States
Attorney and will do so if we do not receive this application within 14 days from the date you
receive this letter. Please be advised that a failure to comply with the above request will likely
result in immediate referral to the United States Attorney with a recommendation for injunctive
relief and civil penalties. If you have any questions, please contact me at [phone]
extension 231.
Sincerely,
?lI" ? ? t
Amanda Jones `-
Project Manager
Asheville Regulatory Field Office
Copies Furnished:
Mr. Marion Rothrock
Rothrock Engineering
4779 Kirby Mtn. Road
Lenoir, North Carolina 28645
2
Mr. Chris Huysman
Wetland and Natural Resource Consultants
3674 Pine Swamp Road
Sparta, North Carolina 28675
Mr. Mark T. Calloway
United States Attorney
Western District of North Carolina
Suite 1700, Carillon Building
227 West Trade Street
Charlotte, North Carolina 28202
Mr. Ronald J. Mikulak, Chief
Wetlands Section-Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Kevin Barnett
NCDENR Asheville Regional Office
Division of Water Quality
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
Ian J. McMillan
Coordinator 401 /Wetlands Permitting
and Oversight Unit
2321 Crabtree Blvd. Suite 250
Raleigh, North Carolina 27604
Mr. Ron Linville
NC Wildlife Resource Commission
Western Piedmont Region Coordinator
3855 Idlewild Road
Kernersville, North Carolina 27284-9180