The town of Marion is facing a $33,539 “mitigation” cost from the Army Corps of Engineers as a result of the unpermitted seawall at Sprague’s Cove.

According to Town Administrator Paul Dawson, the town received a letter on Dec. 7 from ACE that the more than $33,000 would be part of an in-lieu-of-fees program. While the letter never referred to the cost as a fine, Dawson said the move was “punitive in nature.”

“It smells like a fine,” Selectman Steve Cushing said.

The seawall, which Dawson and the board agreed was more of a “rock formation,” is somewhat of a mystery to the town’s administration. When resident Sherman Briggs asked about the original plans for the cove and who authorized the wall to built, nobody seemed to be sure when it was built or who built it.

“Honestly I didn’t even really know it was there,” Chair Jody Dickerson said.

Briggs wasn’t happy with that answer and expressed his frustration with the board.

“How do we get into these situations?” he asked. “I want to know who built that wall. I don’t want any more $33,000 fines. The Selectmen aren’t given enough information and if they are then they’re not paying attention.”

As of now, Dawson said the town is working with ACE to either reduce the fee or come to some other solution.

“Hopefully we can negotiate this down, or more ideally offer some type of non monetary litigation program,” he said. “The worst case scenario is that it would be the $33,539 in lieu fee for maintenance.”