Ver - Other Agency Correspondence - 11/20/2008

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 20, 2008
IN REPLY REFER TO
Regulatory Division f,
4 3 1 y
Action ID 200421124 1 `
Mr Robert Swain
Polk-Sullivan, LLC
Post Office Box 5689
Cary, North Carolina 27513
Dear Mr Swain
This refers to a site meeting between Mr James Lastinger of the U S Army Corps of
Engineers (Corps), and your authorized agent, Ms Nikki Thomson, on October 2, 2008, at The
Retreat on Haw River ,(formerly Williams Pond Subdivision) subdivision near Pittsboro, Chatham
County, North Carolina rThe purpose of the site meeting was to conduct a permit compliance
inspection for activities subject to'o`ur;regulatory authority pursuant to Section 404 of the dedw
Water Act associated with the construction activities necessary to develop the `subdivision
authorized by the permit issued to,you in February 2005, Action ID Number 200421124 Aquatic
features on the project site dram to Pokeberry Creek, a tributary in the Cape Fear River Basin
The October 2008 site visit revealed non-compliance of your 404 permit conditions at 2 of
the roadway crossings constructed under this permit This violation involves a total of
approximately 20 linear feet of jurisdictional, perennial stream channel impacted beyond the permit
area As stated above, this action is considered to be a violation of the permit conditions of your
2005 permit During the site visit your agent stated that all the work covered under your 404 permit
had been completed Therefore, a cease and desist for additional work in jurisdictional waters is not
necessary ,
Through coordination with Ms Thomson, we have learned that she will be submitting a
restoration plan to the North Carolina Division of Water Quality and our office for review approval
as indicated in her email dated October 22, 2008 This plan needs to be submitted to our office by
December 19, 2008 In addition, please provide a formal response to this letter indicating when the
violation was completed, the reasons for the violation, the exact amount of stream channel'i'mpacted
by the violation, the potential for economic benefit resulting from `the `violation; and the'remediation
steps proposed' Please be aware that we are considering ertforcement action for the violation-of
permit conditions as stated above

Please contact Mr James Lastinger at telephone [phone] x32 if you have any
questions regarding this letter or the actions required on your part to resolve this violation
Sincerely,

Jean B Manuele
Chief, Raleigh Regulatory
Field Office
Copies Furnished
Ms Nicole Thomson
Soil and Environmental Consultants
11010 Raven Ridge Rd
Raleigh, North Carolina 27614
U S Attorney
Eastern District of North Carolina
Federal Building
310 New Bern Avenue, Suite 800
Raleigh, North Carolina 27601-1461
Mr Ron Mikulak, Chief
Wetlands Section-Region IV
Water Management Division
U S Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Ms Cyndi Karoly
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetlands/401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
2
Mr Justin McCorcle
Assistant District Council
Wilmington District
U S Army Corps of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
Mr John Hennessy,
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
1650 Mail Service Center
Raleigh,`North Carolina 27699-1650
3