20080752 Ver 1_USACE Correspondence_20090805

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
August 5, 2009
Regulatory Division
Action ID: 2007-04 1 1 5
Mr. W.F. Parker
565 Neptune Drive
Cape Carteret, North Carolina 28584
Dear Mr. Parker:
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DENR - WATER QUALITY
WETWM AND STORMWATER BRANCH
This letter serves as a follow-up of our June 2, 2009 onsite meeting concerning our May 30,
2008 verification of Nationwide Permit No. 39 for the discharge of fill material into 0.234 acres
(10,193 square feet) of jurisdictional wetlands that facilitated the construction of your
commercial/light industrial park. The 20-acre development is located approximately 0.5 miles
north of NC 58 and Peletier Loop Road (SR 1109) intersection, adjacent to Starkey Creek, in
Peletier Community, Carteret County, North Carolina. Also present was Ms. Christy Wicker of
our regulatory staff.
Pursuant to Special Condition (1) and (2) of the permit, the remaining 4.68 acres of wetlands
were to be protected in perpetuity in their natural state via restrictive covenants. You were
required to submit the covenants to our office for verification prior to recordation. In our
meeting, you informed me that the recordation has been completed and that a copy of this
recording would be provided to our office.
To date, our office has not received a copy of the recorded covenants. In order to fulfill your
mitigation requirements, a copy of the recorded declarations must be submitted to our office
within (2) weeks of the receipt of this letter. Failure to comply with this directive will result in
immediately referral for an administrative penalty and/or the revocation of your verification.
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 me at [phone].
Sincerely,
Mickey Sugg, Project Manager
Wilmington Regulatory Field Office
-2-
Copies Furnished:
Ms. Joanne Steenhuis
Water Quality Division
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
Mt. Cyndi Karoly
IN ivision of Water Quality
.C. Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260