20061838 Ver 3_Other Agency Correspondence_20090413

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DEPARTMENT OF THE ARMY
WILMINGTON
69 DARLI ENGINEERS
GTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
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ATTENTION OF: April 9, 2009 yT?l ??
Regulatory Division
Action ID. 200641842-219
Mr. Charles Lewis
9308 Foxburrow Court
Raleigh, North Carolina 27613
Dear Mr. Lewis:
This refers to a recent site meeting between Mr. Monte Matthews of the U.S Army Corps
of Engineers (Corps), your authorized agents, and yourself on April 1, 2009, at Cedar Mountain
subdivision near Pittsboro, Chatham County, North Carolina. The purpose of the site meeting was
to complete a permit compliance inspection for a Section 404 permit issued to you in February 2008
under Action ID Number 2006 41842-219. Aquatic features on the project site drain to Meadow
Branch, a tributary in the Cape Fear River Basin.
The April 2009 site visit revealed non-compliance of your 404 permit conditions at 2 of the
permitted crossings constructed under this permit. This violation involves of a total of
approximately 80 linear feet of jurisdictional, perennial stream channel impacted beyond the permit
area. As stated above, this action is considered to be a violation of your 2008 permit conditions.
During the site visit you stated that all the work covered under your 404 permit had been
completed. Therefore, a cease and desist for additional work in jurisdictional waters is not
necessary. However, please provide a formal response to this letter indicating when the violation
was completed, the reasons for the violation, the exact amount of stream channel impacted by the
violation, the potential for economic benefit resulting from the violation, and the remediation steps
proposed.
Removal of the fill and restoration of the streams or the submittal of the appropriate DA
permit application would serve as your fulfillment to begin remediation of your unauthorized
activities. Please submit your response on or before May 15, 2009, and note that any permit
application must include all impacts associated with your project. Please be aware that we are
considering enforcement action for the violation of permit conditions as stated above.
Please contact Mr. Matthews at telephone [phone] x30 if you have any questions
regarding this letter or the actions required on your part to resolve this violation.
Sincerely,
?a.
Jean B. Manuele
Chief, Raleigh Regulatory
Field Office
Copies Furnished:
U.S. Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800
Federal Building
Raleigh, North Carolina 27601-1461
Molly Davis, Chief
Wetlands Enforcement Section
U.S. EPA
61 Forsyth Street, SW
Atlanta, GA 30303-8960
Ms. Cyndi Karoly
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetlands/401 Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
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Mr. Justin McCorcle
Assistant District Council
Wilmington District
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
Mr. John Hennessy,
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
Mr. Scott Mitchell
Mitchell Environmental
PO Box 341
Fuquay-Varina, NC 27526
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