19980590 Ver 1_Other Agency Comments_20090320

Regulatory Division
Action ID: 199801870
Messrs. Danny McQueen and Pat Joyce
Fort Benjamin Commons, LLC (M&J Investments)
Post Office Box 190
Newport, North Carolina 28570-0190
Dear Sirs:
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Please reference your agent's September 9, 2008, request for a time extension of our
March 9, 1999 Department of the Army authorization to discharge fill material within 37.63
acres of Section 404 wetlands above the headwaters of Smith Swamp Branch to facilitate the
construction of an elementary and middle school and commercial/retail development (Fort
Benjamin Commons) within a 153.36 acre tract located between US Highway 70 Bypass, SR
1247 (Old Highway 70/Chatham Road), and SR 1141 (Hibbs Road), in Newport, Carteret
County, North Carolina. Specifically, you are requesting to extend the expiration date for
additional (5) years.
After review of the request, we have determined that the time extension can be authorized
provided no deviation or other modifications have occurred from the original operational plans.
Your permit expiration date has been extended to December 31, 2013. Please be reminded that
all conditions of the original permit remain applicable, specifically special condition (m), which
states "no fill material will be placed within wetland areas designated as commercial/retail
development until a final plan has been submitted to our office to ensure that further practicable
avoidance and minimization has been incorporated in the design".
As stated in our February 20, 2009 letter concerning the non-compliance of this permit, our
office is considering administrative penalties for that action. Please be aware that final plans for
any individual projects associated with this authorization will not be approved until our
enforcement file is closed.
DEPARTMENT OF THE ARMY 'o
WILMINGTON DISTRICT, CORPS OF ENGINEERS PO BOX 1890 T'
WILMINGTON NC 28402-1890 j
March 17, 2009
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If you have any questions or comments concerning this modification or the non-compliance
issue, please contact Mr. Mickey Sugg at [phone], Wilmington Regulatory Field Office.
Sincerely,
William T. Walker, Chief
Wilmington Regulatory Field Office
Copies Furnished:
Ms. Linda Lewis
Division of Water Quality
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Ms. Jennifer Derby, Chief
Wetlands Section-Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Larry Baldwin
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28402
Mr. Bob Chambers
Town of Newport
Post Office Box 1869
Newport, North Carolina 28570
Ms. Cyndi Karoly
Division of Water Quality
'' N.C. Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
Ms. Joanne Steenhuis
Division of Water Quality
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Mr. Paul Worthington
Division of Land Quality
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845