20050927 Ver 1_USACE Correspondence_20090319

IN REPLY REFER TO
Regulatory Division
ORM ID: SAW 200900498
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
March 18, 2009
U L
MAR 1 9 2009
WETLANDS AND STORE TER 8RANCH
Mr. Bryan Sullivan
Kilmarlic Residential Community Association
Post Office Box 279
Harbinger, North Carolina 27941
Dear Mr. Sullivan:
This correspondence confirms your March 10, 2009, meeting with Messrs. Raleigh Bland and
Tom Steffens of my staff onsite your property located at the terminus of Captain's Way, in the
Kilmarlic Subdivision, off State Road 1112 and US Highway 158, adjacent to the Albemarle
Sound, in Powell's Point, Currituck County, North Carolina. The purpose of this meeting was to
address non-compliance with the Department of the Army (DA) permit issued to the Kilmarlic
Residential Community Association for work undertaken within DA regulatory jurisdiction on
the project site (Action ID SAW 200511686). Your business partner, Mr. Warren Everhart, and
Ms. Lynn Mathis and Mr. Ron Renaldi with the North Carolina Division of Coastal Management
were also present at this meeting.
Special Condition 18. of the subject permit states that, "No vegetated wetlands or open
waters shall be excavated or filled, even temporarily. " Based on my staffs investigation, we
have determined that you have placed earthen fill material within jurisdictional wetlands on the
site and landscaped the area with grass and sod material. Noncompliance with the special
conditions of the subject permit constitutes violations of Section 404 of the Clean Water Act (33
USC 1344). As discussed with Messrs. Bland and Steffens, the restoration alignment was
identified in your presence and the required actions necessary to bring your project into
compliance with the issued permit were explained to you. Pre-project wetland elevations and
contours are to be restored to the impacted area. The restoration work must be completed within.
30 days of your receipt of this letter. Also discussed, we are considering administrative penalties
against you for this work. Accordingly, you will be contacted by Wilmington District's Office of
Counsel regarding this matter.
Failure to comply with this request may result in referral to the United States Attorney with a
recommendation for civil prosecution and or civil penalty for a violation of permit conditions
pursuant to 33 USCA Section 1319(g)(1)(b).
Thank you for your time and cooperation. The. Wilmington District is committed to
providing the highest level of support to the public. To help ensure we continue to do so, please
complete the Customer Satisfaction Survey located on our website at
http://regulatory.usacesurveco. If you have any questions, please contact Mr. Bland at the
Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina 27889-
1000, telephone [phone], extension 23.
Sincerely,
David M. Lekson, P.W.S.
Chief, Washington Regulatory Field Office
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building -
Raleigh, North Carolina 27601
Ms. Molly Davis, Chief
Wetlands Enforcement Section
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries, NOAA
Habitat Conservation Division
101 Pivers Island Road
Beaufort, North Carolina 28516
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Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Frank Jennings
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1367 US 17 South
Elizabeth City, North Carolina 27909
Ms. Roxanne Dorman
Atlantic Environmental Consultants, LLC
Post Office Box 3266
Kitty Hawk, North Carolina 27949
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