19980590 Ver 1_Other Agency Comments_20090220

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
February 20, 2009
Regulatory Division
Action ID: 199801870
Messrs. Danny McQueen and Pat Joyce
M and J Investments (Fort Benjamin Commons, LLC)
Post Office Box 190
Newport, North Carolina 28570-0190
Dear Sirs:
FFB ? 0 2009
EE<E(•; - WATER a1AL11Y
WETLA.140S AND STORMN'ATER BRANCH
This letter confirms the December 12, 2008, onsite meeting between Mr. Larry Baldwin of
Land Management Group, Inc. and Mr. Mickey Sugg of my regulatory staff, concerning your
restoration efforts associated with the non-compliance of our March 9, 1999 Department of the
Army (DA) authorization. Also present at the meeting was Mr. David Bailey, Ms. Teresa
Russell, and Ms. Christy Wicker of my regulatory staff. In addition, please reference our
November 7, 2008 correspondence addressing this issue.
During the onsite meeting, Mr. Sugg's inspection confirmed that all appropriate restoration
has been satisfactorily completed. It was agreed upon in the meeting that the remaining ditches
would not have to be refilled as specified in the restoration plan. As discussed between
Mr. Baldwin and Mr. Sugg in a previous telephone conversation, our intentions of requesting the
entire perimeter ditches to be backfilled was due to the uncertainty on the amount of material to
be removed from the access road and stockpile areas. Also in the onsite meeting, it was strongly
recommended that the disturbed area be properly stabilized and that the face of the fill material
in the ditches be riprap, or use of other measures, to prevent any sediment from eroding down
slope. Please be advised that if fill material erodes from the restored areas, specifically the
ditches, our office will require, at our discretion, that sediment be replaced in the ditch back to
the appropriate elevations. Also, please be reminded that maintenance, or reexcavation, in any of
the remaining ditches located in wetlands is prohibited without prior approval from our office.
Finally, as stated in our November 7, 2008 letter, please be aware that the Corps is
considering administrative penalties for the violations of the subject authorization. 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. However, this penalty evaluation will not inhibit, or delay, our consideration to modify
your permit to extend the expiration date as requested on September 9, 2008. Your permit
modification request will be handled in a separate correspondence.
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Thank you for your cooperation in resolving this matter. If you have any questions or
comments in this matter, please do not hesitate to contact Mr. Sugg at [phone] or our
enforcement coordinator, Ms Jennifer Frye at [phone].
Sincerely,
William T. Walker, Chief
Wilmington Regulatory Field Office
Copy Furnished:
Mr. Larry Baldwin
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28402
Mr. Tom Welborn, Chief
Wetlands Section-Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Paul Worthington
Division of Land Quality
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Mr. Bob Chambers
Town of Newport
Post Office Box 1869
Newport, North Carolina 28570
Ms. Joanne Steenhuis
Division of Water Quality
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
M . Cyndi Karoly
9C. vision of Water Quality
Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260