SAW-2008-01680 Ver - Other Agency Correspondence - 6/25/2008

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DEPARTMENT OF THE ARMY 'U/V 2 ly
WILMINGTON DISTRICT,
BOX OR9POS OF ENGINEERSu ? 0,6, ?008
WILMINGTON NC 28402-1890 ?S?'?DATFRn,.
June 25, 2008
Regulatory Division
Action ID No SAW-2008-01680
Ms Sue Tyson
Rivergate Estates, Inc
6151 James B White Highway S
Whmtevmlle, North Carolina 28472
(Parcel No's 1600000101, 160NB009, 160NBO10)

(Parcel No's 160NB001, 160NB005, 160NB006, 16ONB007, 16ONA016, 16ONA017)
Mr Lloyd Milliken
1642 Village Point Road SW
Shallotte North Carolina 28470
Waccamaw Landing Plantation, Inc
Mr Julian D Gore
1642 Village Point Road SW
Shallotte, North Carolina 28470
(Parcel No 's 160NB00101)
Dear Messrs Gore and Milliken and Ms Tyson
This letter is in reference to parcel numbers 1600000101, 160NB009, 160NBO10,
160NB001, 160NB005, 16ONB006, 16ONB007, 16ONA016, 16ONA017, and 160NB00101
This office has received information regarding the unauthorized discharge of fill material into
Section 404 j unsdictional wetlands adjacent to the Waccamaw River, along Rivergate Drive,
north of NC Highway 904, Waccamaw Township, Brunswick County, North Carolina
On May 6, 2008, Ms Jessica Hooten of the U S Army Corps of Engineers Wilmington
Regulatory Field Office (Corps), conducted a site inspection and determined that fill material has
been discharged into wetlands on the subject parcels Ms Hooten also determined during her
site investigation that these wetlands are subject to the permit requirements of Section 404 of the
Clean Water Act (CWA)(33 USC § 1344) A review of our files indicates that a Department of
the Army (DA) Permit has not been issued to you for work of this nature In this regard, your
work, conducted in waters of the United States without prior approval from this office in the
form of a DA permit, is a violation of Section 301 of the Clean Water Act (33 USC 1311)
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You are directed to cease and desist from any further work in the waters and/or wetlands and
to submit a detailed written explanation of your activities, to include the dates the unauthorized
work was conducted, to this office within 10 days of your receipt of this letter You have the
option of applying for an after-the-fact DA authorization for these impacts or restoring the area
to pre-impact conditions Please be aware that, through the permitting process you are required
to demonstrate purpose and need of the project, avoid and minimize your impacts to
jurisdictional waters to the maximum extent practicable, and provide mitigation for any
unavoidable impacts to waters and wetlands Keep in mind that you will be required to remove
all discharged fill and provide restoration to the satisfaction of this office for those areas of
impacted waters and wetlands that you do not receive after-the-fact authorization You have 30
days from receipt of this letter to submit to this office either a complete after-the-fact DA
authorization request or a restoration plan
We are requesting, by copy of this letter, that the Federal and State agencies review your
project and furnish their comments and recommendations regarding the violation to this office
We will then determine further appropriate administrative or legal action
Failure to comply with this directive may result in referral to the United States Attorney with
a recommendation for civil prosecution or to the United States Environmental Protection Agency
with a recommendation for administrative penalties
Thank you for your time and cooperation in resolving this matter If you have any questions
or comments, please contact Ms Jennifer S Frye, Wilmington Regulatory Field Office, at
[phone]
Sincerely,
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
Raleigh, North Carolina 27611
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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 John Hennessey
Division of Water Quality
N Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
Mr Julian D Gore, Registered Agent
Waccamaw Landing Plantation, Inc
208 West Lewis Street
Whrteville, North Carolina 28472
Mr Chad Coburn
Division of Water Quality
N C Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr Dan Sams
Division of Land Resources
N C Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr Marc Pages
Brunswick County Planning Department
Post Office Box 249
Bolivia, North Carolina 28422