PROPOSED ADMINISTRATIVE PENALTY ORDER SAJ-2021-03496(GP/NWP-BW)

Under the authority granted by 33 U.S.C. §1319 (g) and 33 CFR Part 326.6, I, on behalf of Colonel James L. Booth, District Engineer, U.S. Army Corps of Engineers, Jacksonville District (District), propose to issue this order assessing a Class I Administrative Penalty for violation of Department of the Army Permit Number SAJ- 2021-03496(GP/NWP-BW).

Name/Address of Permittee: Dirk Beck
1212 SW Pelican Crescent
Palm City, Florida 34990

Permitted Activities:

On December 6, 2021, the District issued Nationwide Permit Verification letter SAJ- 2021-03496 (NWP), in accordance with 33 CFR Part 325.8 for fill in association with the replacement of a 134-linear-foot vinyl seawall at or within 18 inches of the existing bulkhead. The project is located at 1212 SW Pelican Crescent, within a canal connected to the St. Lucie River, in Section 07, Township 38 South, Range 41 East, Palm City, Martin County, Florida.

Latitude: 27.18147°,
Longitude: -80.26931.

Conditions or Limitations Reportedly Violated:

1. The location of the constructed bulkhead exceeds the eligibility of the NWP which requires structures to remain within18 inches of the original bulkhead.
2. Special Condition 2 required a Notice of Commencement.
3. Special Condition 3 required a post-construction as-built drawing.

Description of the nature of the violations:

1. Based on a site inspection and review of the project, it appears the completed project did not comport with the terms and conditions of the NWP. Specifically, the new bulkhead was constructed further than 18 inches seaward of the original bulkhead.

2. Project Specific Condition (2) required a Commencement Notification within 10 days from the date of initiating the authorized work. The District did not receive the Commencement Notification.


3. Project Specific Condition (3) required a Self-Certification of Compliance within 60 days of completion of the work authorized by this permit. The District did not receive the Self-Certification of Compliance within 60 days of completion of the authorized work.

Proposed Penalty:

The proposed Class I Administrative Penalty against the permittee in this case is
$2,400; however, this proposal is subject to revision in the interest of justice after all evidence and comments have been received and reviewed. The amount which may be assessed as a Class I Civil Penalty may not exceed $23,990 per violation. The maximum amount of any Class I penalty is not to exceed $59,974.

Issued this 23rd day of January 2023.


1/23/23
Shawn H. Zinszer
Chief, Regulatory Division