SUBJECT:  Non Compliance with terms of Lease, Plum Branch Yacht Club (Ms. Asbill), licensee of Non Transient Residence (NTR) within this lease area. 

BACKGROUND:  The Plum Branch Yacht Club (PBYC) a marina concessionaire was notified in December 2017 of non-compliance with Non-Transient Residence (NTR) policy.  Violation was enclosing of an existing porch with solid walls and installation of a bathroom.  This violates NTR policy in place since 1996 as modified in 2001 & 2006.  The Asbills own the NTR (Trailer) where violation occurred and occupy the premises under a License agreement with PBYC.  Dr. Selfridge (owner of PBYC), in accordance with terms & conditions within the lease, attempted to resolve the non-compliance during 2018, with no favorable result.  Dr. Selfridge then initiated court case for "eviction" from the premises.  Current court case is scheduled for June 20, 2019 in the McCormick County courts.  The issue remains one between the Asbill's (under a license) with our Lessee (PBYC). 

A 1996 Law prohibited the Government from forcing removal of NTRs from government lands.  The intent of the law was to permit existing NTRs to remain on government lands and through attrition and end of serviceable life be removed from government lands.  The current NTR policy provides for limited maintenance and upkeep (life safety) but prohibits renovations that would increase living space or service life of existing facility.  The policy sets out process to request modifications and defines modifications that would not be approved.  Process for approval was known to the Asbill's

Ms. Asbill goals as expressed in multiple communication with congressional representatives and Corps representatives are; she seeks to see a “Blanket” grandfathering of all existing improvements, regardless of compliance with NTR policy, and fair application of rules across all NTR owners by PBYC.  To the first request Ms. Asbill, was informed that the Corps has no plan to change existing NTR policy or grandfathering unauthorized modifications.  To the second claim, District has found no substantiation to the claim of other violations of the NTR policy.   We did identify one modification in progress in February 2019 and project personnel immediately notified NTR owner who ceased the modification and returned NTR to condition that existed prior to the unapproved modification taking place. 

CURRENT STATUS:  The district is drafting a response for HQUSACE on the most recent inquiry from Ms. Asbill, dated o/a 20 May 2019.  We also are awaiting outcome of the open civil litigation currently scheduled for the courts on 20 June 2019. 

POC:  Robert M. Jewell, (912) 652-5554                11 June 2019