20041713 Ver 1_Other Agency Comments_20050708

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
July 5, 2005
Regulatory Division
Action ID. 200200769
Mr. Lewis Holding, Nassau Corporation
Post Office Box 151
Raleigh, North Carolina 27609
Dear Mr. Holding:
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In accordance with the Nassau Corporation's complete written request of June 24, 2002 and
the ensuing administrative record, enclosed are two copies of a permit to discharge fill material
into 0.08 acres of Section 404 waters on Lot 113, in Dolphin Ridge Subdivision, on Outrigger
Court, adjacent to headwater wetlands of Bogue Sound, Emerald Isle, Carteret County, North
Carolina. This permit supercedes the May 9, 2005 unsigned permit and includes the
modifications your attorney, Mr. Frank Sheffield of Ward and Smith, requested in a June 10,
2005 letter.
Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A $10 fee
will be charged for permit applications when the work is noncommercial in nature and provides
personal benefits that have no connection with a commercial enterprise...", and "A fee of $100
will be charged for permit applications when the planned or ultimate purpose of the project is
commercial or industrial in nature and is in support of operations that charge for the production,
distribution, or sale of goods or services." As your application fits the latter category, you are
requested to remit your check for $100.00, made payable to the Finance and Accounting Officer,
USAED, Wilmington. The check should accompany the signed and dated copies of your permit.
You should acknowledge that you accept the terms and conditions of the enclosed permit by
signing and dating each copy in the spaces provided ("Permittee" on page 3). Your signature, as
permittee, indicates that, as consideration for the issuance of this permit, you voluntarily accept
and agree to comply with all of the terms and conditions of this permit. All pages of both copies
of the signed permit with drawings should then be returned to this office for final authorization.
A self-addressed envelope is enclosed for your convenience.
Please be reminded that this after-the-fact authorization is the resolution of our enforcement
action summarized in our May 14, 2002 Cease and Desist letter. If it is not your intention to
develop Lot 113, you will be required to remove the existing 2,000 square feet of fill material on
the property as shown and described in the May 14, 2002 restoration plan.
-2-
After the permit is authorized in this office, the original copy will be returned to you; the
duplicate copy will be permanently retained in this office. Should you have any questions or
comments, please contact Mr. Mickey Sugg, Wilmington Regulatory Field Office, at (910) 251-
4811.
Sincerely,
Keith A. Harris, Chief
Wilmington Regulatory Field Office
Copies Furnished:
Mr. Frank Sheffield
Ward and Smith
Post Office Drawer 867
New Bern, North Carolina 28563
Mr. Doug Huggett
N.C. Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Cyndi Karoly
ivision of Water Quality
.C. Department of Environment
and Natural Resources
2321 Crabtree Boulevard
Raleigh, North Carolina 27604-2260