19960849 Ver 3_Notice of Violation_20090624

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
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\ i I I N 1105 cn-
Regulatory Division
Action ID No. SAW 2007-00142
June 24, 2009
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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JUN 2 6 2009
DENR - WATER QUALITY
WETLANDS AND STQRMW'ATER BRANCH
In a letter dated April 10, 2008, the U.S. Army Corps of Engineers Wilmington District,
notified Seven Lakes Country Club, Inc. of alleged violations of permit conditions or limitations
associated with the Seven Lakes Country Club Driving Range project, located immediately east
of the Seven Lakes Country Club Clubhouse, west and south of Devonshire Avenue, within the
Seven Lakes Country Club development, in adjacent wetlands and an unnamed tributary to the
Little River, a tributary to the Cape Fear River, West End, Moore County, North Carolina. Our
District Commander 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. Please address your comments to the District
Commander, 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 Commander 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] or Ms. Jennifer S. Frye of the Wilmington Regulatory
Field Office at [phone].
Sincerely,

S. Kenneth Jolly
Chief, Regulatory Division
Enclosures
Mr. John Hennessy
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Permit: USACE Permit No. 2007-00142
PROPOSED 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, propose to issue this
order assessing a Class I Administrative Penalty for violation of the above-referenced permits.
Name/Address of Permittee:
Mr. Gordon Zeller, President
Seven Lakes Country Club, Inc.
2000 Seven Lakes South
Seven Lakes, North Carolina 27376
Permitted Activity:
Department of Army Verification to utilize Nationwide Permit (NWP) 39 to Seven Lakes
Country Club, Inc. (SLCC) for the discharge of fill material into 0.14 acres of waters of the
United States, specifically wetlands adjacent to an unnamed tributary to the Little River, for the
purpose of constructing the Seven Lakes Country Club Driving Range, located along Devonshire
Avenue, immediately east of the Seven Lakes Country Club clubhouse, in the community of
Seven Lakes, in West End, Moore County, North Carolina.
Condition(s) or Limitation(s) of Permit Reportedly Violated:
Seven Lakes Country Club, Inc. failed to comply with the terms and conditions of the subject
NWP. Specifically, the permittee failed to properly maintain authorized fill, failed to maintain
appropriate soil erosion and sediment control measures, failed to provide and maintain water
quality management measures, and conducted excavation and discharged fill material fill within
waters and wetlands beyond the permitted areas.
Description of the Nature of the Violation(s):
A Corps compliance inspection revealed that SLCC conducted mechanized land clearing,
sidecasting and discharged fill and dredged material into approximately 0.30 acres of wetlands
beyond the permitted limits and backfilled and relocated approximately 210 linear feet of stream
channel beyond the permitted limits. In addition to these activities, the Corps documented
failing soil erosion and sediment control measures resulting in sedimentation into waters of the
U.S. and land clearing activities within the permittee's preservation area. SLCC has completed
all on-site restoration activities, implemented the monitoring plan, addressed sedimentation and
erosion control issues, and fully executed the preservation requirements.
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I propose to assess a Class I Administrative Penalty against the permittee in this case for $8,550;
however, this proposal is subject to revision in the interest of justice after all evidence and
comments have been received and reviewed. The amount that may be assessed as a Class I
Administrative Penalty may not exceed $11,000 per individual violation or a maximum amount
of $27,500.
Issued thisA&day of June 2009.
efferson M. Ryscavage
Colonel, U.S. Army
District Commander
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
Action ID No. SAW 2007-00142 June 24, 2009
PUBLIC NOTICE
INTERESTED PARTIES: The District Commander, Wilmington District,
proposes to issue an order assessing a Class I Administrative Penalty against Seven Lakes
Country Club, Inc. for violations of a permit granted under Section 404 of the Clean
Water Act.
PERMITS INVOLVED AND ALLEGED VIOLATION: The Department of
the Army issued an authorization to Seven Lakes Country Club, Inc. to utilize
Nationwide Permit (NWP) 39 for the discharge of fill material into 0.14 acres of waters
of the United States, specifically wetlands adjacent to an unnamed tributary to the Little
River, for the purpose of constructing the Seven Lakes Country Club Driving Range,
located along Devonshire Avenue, immediately east of the Seven Lakes Country Club
clubhouse, in the community of Seven Lakes, in West End, Moore County, North
Carolina.
Seven Lakes Country Club, Inc. failed to comply with the terms and conditions of
the subject NWP. Specifically, the permittee failed to properly maintain authorized fill,
failed to maintain appropriate soil erosion and sediment control measures, failed to
provide and maintain water quality management measures, and conducted excavation and
discharged fill material fill within waters and wetlands beyond the permitted areas.
AUTHORITY FOR PROCEEDING: This Administrative Penalty proceeding
is initiated under the authority of 33 U.S.C. 1319(g) and 33 CFR Part 326.6. The
procedure for assessing civil penalties in cases such as this is set out in the statute and the
regulation. Following the discovery and investigation of a violation of a permit, notice is
given to the permittee, the appropriate state agency, and the public. The permittee, the
state, or any member of the public may file comments within 30 days. If requested by the
permittee, a hearing will be held before a Presiding Officer who will submit a report and
recommend a decision to the District Commander. The District Commander will issue a
Final Order on the case to the permittee. Public participation in the hearing is permitted
if a hearing is held.
PENALTY PROPOSED: The amount of the penalty proposed in this case is
$8,550. This proposal is subject to revision in the interest of justice after all evidence and
comments have been received and reviewed. The amount of the penalty that the District
Commander is authorized to assess as a Class I Penalty is $11,000 per violation and not
more than $27,500 total. In a case involving multiple violators, each violator is subject to
a separate, not joint, penalty.
REQUEST FOR HEARING: The permittee has 30 days following receipt of
this formal notice of proposed penalty to request a hearing. Written request, by the
permittee, for a hearing should be directed to the District Commander within this
designated comment period and must state the specific reasons for requesting a public
hearing. The request should specify, in summary form, the factual and legal issues in
dispute and the specific grounds for defense. The permittee has a right to present
evidence at the hearing; however, he may not challenge the permit condition or
limitation, which is the subject matter of this order.
COMMENTS/ADMINISTRATIVE RECORD: During the 30 day comment
period, any person may submit written comments on the proposed Penalty Order. These
comments should be sent to the District Commander by 4:30 p.m., July 24, 2009. Any
submitted comments will be included in the administrative record relating to the
Proposed Order. All information submitted by the permittee and persons commenting on
the Proposed Order will be placed in the administrative record, which will be available
for inspection during regular business hours at the U.S. Army Corps of Engineers,
Wilmington District, 69 Darlington Avenue, Wilmington, North Carolina. (The
administrative record is subject to the provisions of law restricting the disclosure of
confidential information.) Comments should be directed to:
U.S. Army Corps of Engineers
ATTN: Justin McCorcle (CESAW-OC)
69 Darlington Avenue
Wilmington, North Carolina 28403
PUBLIC HEARING: The permittee and all persons who file comments will be
given notice of any hearing held on this case. The permittee and all commenters will
have a reasonable opportunity to be heard and to present evidence at such hearing, if a
hearing is held.
FINAL DECISION: If the permittee does not request a hearing, the District
Commander may issue the Final Order on this violation on or after 30 days following
receipt of this formal notice by the permittee.
POST DECISION HEARING/APPEAL: Any Final Order issued under these
procedures shall become effective 30 calendar days following its issuance unless (1) a
petition to set aside the order and to hold a hearing is filed by any person who
commented on the Proposed Order and the petition is granted, or (2) an appeal to the
United States District Court is taken under 33 U.S.C. 1319(g)(8).
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