Army Corps cites Paramount for alleged “un-permitted” activities

Pago Pago, AMERICAN SAMOA — After serving ASG earlier with a “Notice of Violation” over unauthorized activities in the Tula shoreline area, now the U.S Army Corps of Engineers has launched an investigation into Paramount Builders, Inc. over alleged activities performed in Amaile Stream in Nu’uuli without a federal permit.

Today, January 19, 2023 is the deadline set by the Corps Honolulu District, Regulatory Office for Paramount Builders to submit required documents.

This was confirmed in a letter dated December 21, 2022, signed by Leah Fisher Acting Chief, Regulatory Office addressed to Paramount owner, Laulii Alofa.

The letter says that the Honolulu District, Regulatory Office had 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 (DA) permit in Amaile Stream, Nu’uuli.

“We 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.

“We are requesting additional information regarding the potential unauthorized activities in Amaile Stream involving the discharge of dredged and/or fill material into WOTUS and work or placement of structures in navigable WOTUS by Paramount Builders, Inc.”

Fisher cited section 404 of the Clean Water Act (CWA) that requires a DA permit be obtained for the placement or discharge of dredged and/ or fill material in to WOTUS, prior to conducting the work (33. U.S.C 1344).

The Amaile Stream is a relatively permanent waterway and therefore, a subject to jurisdiction under Section 404 of the CWA, according to the letter.

Furthermore Fisher cited section 10 of the Rivers and Harbors Act (RHA) of 1899 requires that DA permit be obtained for certain structures or work (33. U.S.C $403).

“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.

“Based on our statutory authorities, the Corps has opened an investigation in order 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 occurred without a DA.”

According to Fisher their office is open to receiving any other information you believe would be pertinent to our initial investigation of this matter.

“The information you provide will become part of the public record. It may be presented in any enforcement action that results from this investigation and will be retained in this office’s administrative records.

“All information you wish to provide should be submitted to this office on or before January 19, 20223

“You are also notified that the further discharge of any dredged and/or fill material into WOTUS, including wetlands, by you or anyone acting on your behalf confirmation from this office that the activity is specifically exempted or would occur outside of the Corps’ geographic jurisdictional limits.”

Samoa News made efforts to get comments from Lauli''i on this matter but were unsuccessful.

The work, the U.S Army Corps of Engineers is referring to, can be observed as you enter the village of the Nuuuli from the east going west.