Work by Paramount Builders at the Amaile Stream in Nu’uuli has attracted the attention of the US Army Corps of Engineers.
A December 21, 2021, letter from Leah Fisher, Acting Chief, Regulatory Office of the US Army Corps of Engineers to CEO of Paramount Builders, Papalii Laulii Alofa, said that it received reports concerning activities that “may have been conducted or are on going in Waters of the United States (WOTUS) without a Department of the Army permit in Amaile Stream, Nuuuli.”
It also received preliminary information that “alleges Paramount Builders Inc. is the operator of the heavy construction equipment used to conduct the alleged work in Amaile Stream.”
It was pointed out that Section 404 of the Clean Water Act requires that a Dept. of Army permit be obtained for the placement or discharge of dredged, and or fill material into WOTUS prior to conducting the work.
“The Amaile Stream is a relatively permanent water and therefore a WOTUS subject to jurisdiction under Section 404 of the Clean Water Act,” wrote the Army Corps official.
“In addition, Section 10 of the Rivers and Harbor Act requires that a Dept. of Army permit be obtained for certain structures or work in, over, under or affecting navigable WOTUS prior to conducting the work. The lower reach of Amaile Stream is subject to the ebb and flow of the tide and therefore, this reach is a navigable WOTUS subject to jurisdiction under Section 10 of the RHA.”
Papalii was informed that the Corps has opened an investigation to determine whether the alleged activities performed in Amaile Stream are regulated under Section 404 of the CWA and/or Section 10 of the RHA, and whether it occurred without a Dept. of Army permit.
A list of information that Papalii was asked to provide include:
- Purpose of the work
- Funding source for the project, including but not limited to federal funding or local government funding
- Copies of any federal, territorial, local permits or other authorization obtained for the activity
- A written project description, the type, estimated volume and line distance of fill material, eg rock, soil, concrete placed below the ordinary high water mark of Amaile Stream
- Estimated acres of dredged and or fill material discharged into WOTUS.
The Army Corps also asked for drawings, or engineering plans, showing the extent and dimension of the unauthorized placement of dredged and or fill material into WOTUS, below the ordinary high water mark; as well as photographs of the site before, during, and after, the construction activities in WOTUS.
January 19th was given as the deadline for the requested information to be submitted to the Army Corps.
The Paramount CEO was also notified that the further discharge of any dredged and/or fill material into WOTUS, including wetland, by him or anyone acting on his behalf is prohibited, unless he has received prior Dept. of the Army authorization or written confirmation from the Department, stating “that the activity is specifically exempted or would occur outside of the Corps’ geographic jurisdiction limits.”
