11/17/2011 - ADMINISTRATIVE CONSENT AGREEMENT COMPLIANCE ORDER ISSUED.
THIS CACO PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO NAVIGABLE WATERS ON PROPERTY ADJACENT TO OCEAN HIGHWAY AND CUMBEE ROAD SW, NEAR THE TOWN OF SHALLOTTE, BRUNSWICK COUNTY, NC. THE IMPACTS OCCURRED IN APPROX 15 ACRES OF FRESHWATER WETLANDS ADJACENT TO SHARRON CREEK.
ADAM LISK IS AN INDIVIDUAL, AND CUMBEE ROAD PARTNERS, LLC, THE OWNER OF THE SITE UNTIL FEB 11, 2011, IS A COMPANY DULY ORGANIZED UNDER THE LAWS OF NC.
GATEWAY BANK & TRUST CO., A DIVISION OF THE BANK OF HAMPTON ROADS, SUCCESSOR IN INTEREST VIA MERGER TO GATEWAY BANK & TRUST CO. IS A BANKING CORPORATION DULY ORGANIZED UNDER THE LAWS OF THE COMMONWEALTH OF VA.
CUMBEE DEFAULTED ON ITS MORTGAGE FOR THE SITE THAT CONTAINED THE DISCHARGE AREA.
GATEWAY, AS A MORTGAGE HOLDER, ASSUMED OWNERSHIP OF THE SITE, INCLUDING THE DISCHARGE AREA, ON OR ABOUT JULY 11, 2011.
COMMENCING ON OR ABOUT MARCH 2008, UNTIL DEVELOPMENT ACTIVITIES WERE ABANDONED IN APPROX 2009, CUMBEE AND/OR THOSE ACTING ON BEHALF, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA ON THE SITE USING EARTH MOVING MACHINERY IN CONNECTION WITH THE CONSTRUCTION OF A MIXED USE DEVELOPMENT.
AT NO TIME DURING ITS DISCHARGE DID CUMBEE POSSESS A PERMIT UNDER CWA 404 AUTHORIZING THE ACTIVITIES.
THE UNAUTHORIZED ACTIVITIES AT THE SITE BY CUMBEE AND/OR THOSE ACTING ON ITS BEHALF IMPACTED APPROX 6 ACRES OF FRESHWATER WETLANDS AT THE DISCHARGE ARE