20050927 Ver 1_USACE Correspondence_20100914

Regulatory Division
REPLY TO
ATTENTION OF. September 13, 2010
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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This is in reference to our letter of January 5, 2010, in which you were provided a
copy of a Proposed Class I Administrative Penalty for alleged violations of Department of the
Army Permit No. 200511686.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
A Final Order has been issued assessing a Class I Administrative Penalty against The
Kilmarlic Residential Community Association in the amount of $8,000. A copy is enclosed.
Sincerely,
Samuel K. Jolly
Chief, Regulatory Division
Enclosure
Permit: USACE Permit No. 200511686
FINAL ADMINISTRATIVE PENALTY ORDER
Under the authority granted by 33 U.S.C. § 1319(g) and 33 CFR Part 326.6, I,
Colonel Jefferson M. Ryscavage, District Engineer, Wilmington District, issue this order assessing a
Class I Administrative Penalty for violation of the above-referenced permit.
Name/Address of Permittee:
Kilmarlic Residential Community Association
C/O Mr. Bryan Sullivan
Post Office Box 279
Harbinger, North Carolina 27941
Permitted Activity:
The construction of a 10-slip community dock, gazebo, kayak platforms, 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 US Highway 158, adjacent to the Albemarle Sound,
in Powell's Point, Currituck County, North Carolina, consistent with the application and plans for
USACE Permit No. 200511686.
Condition(s) or Limitation(s) of Permit Reportedly Violated:
The Kilmarlic Residential Community Association failed to comply with special condition 18.of the
subject permit, which states that, "No vegetated wetlands or open waters shall be excavated or filled,
even temporarily."
Description of the Nature of the Violation(s):
The Kilmarlic Residential Community Association placed earthen fill material within jurisdictional
wetlands on the site and landscaped the area with grass and sod material.
It is my decision that a Class I Administrative Penalty in the amount of $8,000 shall be assessed against
the permittee. Permittee will pay the penalty by cashier's or certified check, payable to FAO, USAED
Wilmington, and delivered to the Office of Counsel, U.S. Army Engineer District, 69 Darlington Avenue,
Wilmington, North Carolina, 28403, within 30 days from the effective date of this letter.
The issuance of this Order constitutes final U.S. Army Corps of Engineers action in this case for
purposes of judicial review.
This order will become effective 30 calendar days following its issuance unless an appeal is taken
pursuant to 33 U.S.C. § 1319(g) (8) or a hearing is granted. Since no hearing was held prior to the
issuance of this Order, a prior commenter may file a petition for a hearing within the 30-day period.
Issued this ?a y of September 2010.
Jefferson M. Ryscavage
Colonel, Corps of Engineers
District Engineer