19960849 Ver 3_Other Agency Comments_20090903

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
September 1, 2009
Regulatory Division
Action ID No. SAW 2007-00142
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:
quo-® 8LA c? V3
@ 16LE
S E P 2009
DENR - WATER QUALITY
"BLOM AND STORMW,ATER ORO.!,
This is in reference to our letter to you, dated June 24, 2009, in which we provided a
copy of a Proposed Class 1 Administrative Penalty for alleged violations of Department of the
Army Nationwide Permit Number 39.
The USACE Wilmington District Commander issued a Final Order, assessing a Class 1
Administrative Penalty against Seven Lakes Country Club, Inc. in the amount of $8,550.00. I
have enclosed a copy for your records.
Since , ly, ;??;v k
?. Kenneth Jolly
Chief, Regulatory Division
Enclosure
Copy Furnished with Enclosure:
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 1 September 2009
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 I Administrative Penalty for violation of the above-referenced permit.
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
-2-
all on-site restoration activities, implemented the monitoring plan, addressed sedimentation and
erosion control issues, and fully executed the preservation requirements. It is my decision that a
Class 1 Administrative Penalty in the amount of $8,550 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, 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 .,/ day of September 2009.
I
P Jefferson M. Ryscavage
Colonel, U.S. Army
District Commander