20061245 Ver 1_Notice of Violation_20080319

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF: March 17, 2008
Regulatory Division
Action ID No. SAW 200703775
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:
MAR 1 9 2008
pENR o s p~RMWptER 8~"N
~~„pNDS AN
By letter dated November 20, 2007, the Riversound Development was notified of alleged
violations of permit conditions or limitations associated with the development of a residential
subdivision, including the construction of access roads and a boatramp, on property at the
Riversound Development, located off the north side of State Road 1100, adjacent to the Yeopim
River and Middleton Creek, near Edenton, in Chowan 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, P.O. Box 1890, Wilmington, North Carolina 28402.
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
Enclosure