20050927 Ver 1_USACE Correspondence_20100108 (22)

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF. January 5, 2010
Regulatory Division
Action ID No. SAW 200900498
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Dear Ms. Karoly:
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WETLANDS AND STORMW,4TERiYERANCH
By letter dated March 18, 2009, The Kilmarlic Residential Community Association was
notified of alleged violations of permit conditions or limitations associated with the construction
of a 10-slip community dock, gazebo, kayak platform, pedestrian bridge, bath house, and parking
area, on property located in the Kilmarlic Residential Community Association, at the terminus of
Captain's Way, off State Road 1112 and U.S. Highway 158, adjacent to the Albemarle Sound, in
Powell's Point, Currituck County, North Carolina. Our District Engineer proposes to assess a
Class I Administrative Penalty under the authority of 33 U.S.C. § 1319(g) and 33 CFR Part
326.6. We are required to furnish you a copy of the Proposed Order and the information
contained in the enclosed Public Notice.
You may provide written comments on the Proposed Penalty Order at anytime within
30 calendar days after receipt of this notice. Your comments should be addressed to the District
Engineer, care of Mr. Justin McCorcle, Office of Counsel, Wilmington District, U.S. Army
Corps of Engineers, 69 Darlington Avenue, Wilmington, North Carolina 28403.
The violator may also provide written comments and/or request a hearing on the
Proposed Penalty Order at anytime within 30 calendar days after receipt of this notice. A request
for a hearing must be in writing, specifying in summary form the factual and legal issues that are
in dispute and the specific factual and legal grounds for the defense.
If the violator does not request a hearing, the District Engineer will withdraw, issue, or
modify and issue the enclosed Proposed Order as a Final Order. The decision will be based on
the administrative record, including any comments and/or evidence submitted by the violator and
members of the public. All evidence will be considered, and the decision will be based on a
preponderance of the evidence, that is, on the greater weight of evidence that is credible and
convincing to the mind.

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Please direct any questions regarding this matter to Mr. McCorcle at the address provided
above, or by telephone at [phone].
Sincerely,
S. Kenneth Jolly
Chief, Regulatory Division
Enclosures