SAW-2005-00321 Ver - Other Agency Correspondence - 6/16/2008

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
June 16, 2008 ar?Ad?q??? ??Op?
Regulatory Division
Action ID No SAW-2005-00321
Mr Mark G Kennedy
Post Office Box 360
Winnabow, North Carolina 28479
Mr Jay R Houston
Post Office Box 627
Shallotte, North Carolina 28459
Mr Richard Genova
8807 Champion Hills Drive
Wilmington, North Carolina 28411
Dear Sirs

Please reference the December 12, 2005 Department of the Army (DA) verification to utilize
Nationwide Permit (NWT) 39 for the permanent discharge of fill material into 0 16 acres of
jurisdictional wetlands and 0 15 acres of Waters of the United States, for the purpose of
constructing the Meadow Ridge Access Storage facility The 44 acre project area is located
along the eastside of NC Highway 904, approximately 0 5 miles south of U S Highway 17, in
wetlands adjacent to an unnamed tributary to Saw Pit Swamp and the Shallotte River, south of
Grissettown, Brunswick County, North Carolina Please also reference the May 6, 2008 meeting
with you, Mr Justin McCorcle with Office of Counsel, Ms Jennifer Frye and Mr Keith Hams
with the Wilmington Field Office and Mr Jon Joyner of Meadow Ridge Flex Space, LLC
On May 23, 2008, we received a copy of the Meadow Ridge Preservation Documents,
recorded with the Brunswick County Register of Deeds on May 13, 2008 Upon review of these
documents and consideration of the information presented during the May 6, 2008 meeting, the
Corps has determined to reinstate your DA authorization While you have resolved all
noncompliance issues, please be aware that you must continue to act in accordance with all terms
and conditions of the subject authorization
-2-
Finally, the Corps is likely to assess a Class I Administrative Penalty under the authonty of
33 U S C § 1319(g) and 33 CFR Part 326 6 and will contact you soon to discuss these
procedures If you have any questions or concerns regarding these matters, please contact
Ms Jennifer Frye, Regulatory Project Manager, Wilmington Regulatory Field Office, at
[phone]
Sincerely,
John E Pulliam, Jr
Colonel, U S Army
Distnct Commander
Copies Furnished
Mr Paul McCombie
First National Bank Southeast
1001 Military Cutoff Road, Suite 100
Wilmington, North Carolina 28405
United States Attorney
Eastern Distnct of North Carolina
310 New Bern Avenue, Suite 800
Raleigh, North Carolina 27611
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 Chad Coburn
Division of Water Quality
N C Department of Environment
and Natural Resources
127 Cardinal Dnve Extension
Wilmington, North Carolina 28405
r John Hennessy
ivision of Water Quality
N C Department of Environment
and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Mr Jonathan P Joyner, principal
Meadow Ridge Flex Space, LLC
Post Office Box 1237
Wilmington, North Carolina 28402