20070781 Ver 1_USACE Correspondence_20080730

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 24, 2008
Regulatory Division
Action ID No. SAW 2006-32868-065
07- a781
QS@Wwpml
JUL'3 0 2008
DEW -WATER WAITY
KTLANOS AND STORM"'ER
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
2321 Crabtree Blvd, Suite 250
Raleigh, North Carolina 27604-2260
Dear Ms. Karoly:
This is in reference to our letter to you, dated June 6, 2008, in which we provided a copy
of a Proposed Class 1 Administrative Penalty for alleged violations of Department of the Army
Nationwide Permit Number 18.
The USACE Wilmington District Commander issued a Final Order, assessing a Class 1
Administrative Penalty against Clarendon Park, LLC in the amount of $7,500. I have enclosed a
copy for your records.
Sincerely,
S. Kenneth Jolly
Chief, Regulatory Division
Enclosure

Permit: USACE Permit No. SAW-2006-32868-065
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 Commander, Wilmington District, issue this order
assessing a Class 1 Administrative Penalty for violation of the above-referenced permit.
Name/Address of Permittee:
Mr. Joseph C. Hearne, R
Clarendon Park, LLC
265 Racine Drive, Unit 104
Wilmington, North Carolina 28403
Mr. Todd J. Toconis
Clarendon Park, LLC
254 North Front Street
Wilmington, North Carolina 28401
Mr. David O. Hamilton
Clarendon Park, LLC
514 Van Dorn Court
Wilmington, North Carolina 28412
Permitted Activity:
Impacts to 0.095 acres of Department of Army (DA) jurisdictional (Section 404) waters of the
United States, including wetlands, for the purpose of constructing a stormwater management
facility for Phase 11 of the Clarendon Park residential development, located north of Clarendon
Road, adjacent to Smith Creek, in the City of Wilmington, New Hanover County, North
Carolina, consistent with the application and plans for USACE Nationwide Permit No. 18.
Condition(s) or Limitation(s) of Permit Reportedly Violated:
Clarendon Park, LLC failed to comply with the terms and conditions of the Nationwide Permit
18. Specifically, the permittee began construction at the project location, discharged fill material,
and conducted mechanized land clearing activities in jurisdictional wetlands beyond the
permitted area.

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Description of the Nature of the Violation(s):
Discharge of fill material for single and complete project exceeded authorized amount.
Approximately 0.41 acres of additional jurisdictional wetlands were impacted by a discharge of
fill and excavated material.
It is my decision that a Class 1 Administrative Penalty in the amount of $7,500 shall be
assessed against the permittee. Permittee will pay the penalty by certified check, payable to
FAO, USAED Wilmington, and delivered to the Office of Counsel, U.S. Army Engineer District,
P.O. Box 1890, Wilmington, North Carolina, 28402, 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 24th day of July 2008.
Jefferson M. Ryscavage
Colonel, U. S. Army
District Commander