SAW-2005-00551 Ver - Other Agency Correspondence - 7/7/2008

DEPARTMENT OF THE AR
WILMINGTON DISTRICT, CORPS OF ENGI
PO BOX 1890
. ? WILMINGTON NC 28402-1890 ?l
July 2, 2008 Jut 0 7
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Regulatory Division ?INVS? 'a ArF,Jury
Action 1D No SAW-2005-00551
Mr Tom Tucker YV1
Ogden Highway, LLC
1630 Military Cutoff Road
Wilmington, North Carolina 28403
Dear Mr Tucker

Please reference our March 21, 2008 letter to you for your noncompliance with the terms
and conditions of the Nationwide Permit (NWT) 39 verification issued to you on
March 16, 2006, for 0 429 acres of impact to Section 404 jurisdictional wetlands for the purpose
of developing the Sterling Farms Subdivision The property is adjacent to the Little Northeast
Creek, on the north side of Old 30 Road, White Oak, Onslow County, North Carolina
On April 30, 2008, Ms Jessica Hooten and Mr Brad Shaver of this office conducted a
compliance inspection of the subject property with you and your agent, Ms Kim Williams of
Land Management Group, Inc (LMG) During this visit, Ms Hooten and Mr Shaver observed
and discussed the following compliance issues
1) Wetland Impact #5 Failure to maintain soil erosion and sediment controls resulted in
sedimentation of a wetland area approximately 30ft x 30ft
2) Wetland Impact #6 Failure to install culverts as required by NWP 39, Regional
Condition 2(e) which states "For all NWP's that involve the construction of culverts,
measures will be included in the construction that will promote the safe passage of fish
and other aquatic organisms All culverts in the 20 CAMA coastal counties must be
buried to a depth of one foot below the bed of the stream or wetland For all culvert
construction activities, the dimension, pattern, and profile of the stream, (above and
below a pipe or culvert), should not be modified by widening the stream channel or by
reducing the depth of the stream Culvert inverts will be buried at least one foot below
the bed of the stream for culverts greater than 48 inches in diameter For culverts 48
inches in diameter or smaller, culverts must be buried below the bed of the stream to a
depth equal to or greater than 20 percent of the diameter of the culvert Bottomless
culverts will satisfy this condition A waiver from the depth specifications in this
Regional Condition may be requested in writing

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The waiver will only be issued if it can be demonstrated that the impacts of complying
with this Regional Condition would result in more adverse impacts to the aquatic
environment"
3) Wetland Impact #8 Failure to maintain soil erosion and sediment controls and permitted
structures resulted in excessive sedimentation of and a discharge of rock/fill material into
jurisdictional wetlands downstream of crossing Failure to install culverts as required by
NWP 39, Regional Condition 2(e), see 2) above
4) A copy of the recorded Restrictive Covenants and conservation map was never received
by this office, as required by March 16, 2006 verification of NWP 39 Special Condition
#2
Based on this inspection, the Corps has determined that you continue to be non-compliant
with the terms and conditions of your NWP 39 In an effort to resolve this matter, please submit
to us in writing, within two weeks of receipt of this letter, the following
1) A detailed restoration plan for the affected jurisdictional wetlands This planmust
include the removal of all unauthorized fill material, improperly buried culverts, and
a detailed sediment and erosion control measures and maintenance schedule You
must re-establish the surveyed wetland boundary at Wetland Impact #8 to verify the
extent of unauthorized impacts associated with the erosion control structure The
maintenance schedule should include dates of completion and follow up compliance
checks from this office
2) An explanation for the above-cited violations and how you propose to prevent further
non-compliance
3) A copy of the recorded Conservation Declaration (as required by Special Condition
#1 & #2) Documentation that you have not violated the on-site preservation Special
Conditions of the original NWP 39 Verification by selling or conveying any portion
of the property without recordation of the preservation documents or by conducting
activities in the preservation area inconsistent with the preservation documents
Finally, please be aware that this office is considering administrative penalties for the
violations noted above Staff from the Corps' Regulatory Division and Office of Counsel will
notify you if we proposed to assess a Class I Administrative Penalty under the authority of 33
U S C. § 1319(g) and 33 CFR Part 326 6
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Please be reminded that the Corps will not process the latest nationwide venficathon request- - -
received March 19, 2008 until the current non compliance is adequately addressed Thank you
for your time and cooperation Should you have questions, please contact Brad Shaver at
[phone] or Jennifer Frye [phone] of the Wilmington Regulatory Field Office
Sincerely,
Keith A Hams, Chief
Wilmington Regulatory Field Office
Copies Furnished
Ms Kim Williams
Land Management Group, Inc
Post Office Box 2522
Wilmington, North Carolina 28402
Mr John Lare, Registered Agent
104 Coastal Bluff Court
Hampstead, North Carolina 28443
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue, Suite 800
Raleigh, North Carolina 27611
Mr Ronald Mikulak, Chief
Wetlands Section-Region IV
Water Management Division
U S Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Ms Joanne Steenhuis
Division of Water Quality
N C Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr John Hennessy
'ivision of Water Quality
N C Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
Division of Land Resources
N C Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405