20061658 Ver 1_Other Agency Comments_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
Regulatory Division
Action ID No. SAW 2005-01182
July 24, 2008
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:
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JUL. 3 0 2008
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This is in reference to our letter to you, dated June 9, 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 12.
The USACE Wilmington District Commander issued a Final Order, assessing a
Class 1 Administrative Penalty against Bill Clark Homes of Wilmington, 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-2005-01182
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. Heath Clark
Bill Clark Homes of Wilmington, LLC
430 Eastwood Road
Suite 100
Wilmington, North Carolina 28403
Permitted Activity:
Temporary impacts to 0.11 acres of Department of Army (DA) jurisdictional (Section 404)
wetlands adjacent to Smith Creek and 30 linear feet of stream channel (Smith Creek), for the
purpose of installing a gravity sewer line associated with the Carrington Woods residential
development, located south of Murrayville Road, in Wilmington, New Hanover County, North
Carolina, consistent with the application and plans for USACE Nationwide Permit No. 12.
Condition(s) or Limitation(s) of Permit Reportedly Violated:
Bill Clark Homes of Wilmington, LLC failed to comply with the terms and conditions of
the Nationwide Permit 18. Specifically, they failed to comply with General Conditions 2,
3, 9.b, and 24 and Regional Condition 3.b of the subject authorization.
Description of the Nature of the Violation(s):
1) Failure to properly maintain any fill activity, to include maintenance to ensure public safety
(NWP General Condition 2);
2) Failure to maintain appropriate soil erosion and sediment control measures (NWP General
Condition 3 and Regional Condition 3.b);
3) Failure to provide and maintain water quality management measures, associated with the
authorized activity, to ensure no more than minimal adverse effects on water quality (NWP
General Condition 9.b);
4) Failure to remove all temporary fills and return the affected area to its preexisting condition
(NWP General Condition 24).
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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