14-05B Le

Pat McCrory
Governor
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
22 April 2014
CERTIFIED MAIL 7010-0290-0001-5628-7185
Mr. Nhan Le
3525 Lena Lane
Greenville, North Carolina 27834
� (of
Tu-t
Natural Resources
RE. NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT
CASE #14-05 5
Dear Mr. Le:
ME
John E. Skvarla, III
Secretary
This letter confirms that on 16 April 2014, Kevin Hart, Fisheries Resource Specialist in
the Washington Regional Office, and I met onsite your property located at the terminus of Broad
Street adjacent a man made canal off the Scuppernong River in the Town of Columbia, Tyrrell
County, North Carolina. The purpose of the visit was to monitor work authorized by
CAMA/Dredge and Fill General Permit No. 55441-B issued on 6 November 2013 for the
replacement of a 4' x 130' dock and the construction of a bulkhead along 163' of canal shoreline.
This letter also confirms our 17 and 21 April 2014 phone conversations.
Information gathered by me shows that you undertook major development not authorized
by a CAMA Major Development Permit. No person may undertake major development in a
designated Area of Environmental Concern (AEC) without first obtaining a permit or
authorization from the North Carolina Department of Environment and Natural Resources, North
Carolina General Statutes (N.C.G.S.) 113A-118.
I have information that you undertook, or are legally responsible for, the
construction/replacement of a f 12' wide x 20' long boat ramp on the aforementioned property.
This activity took place in the Estuarine Waters, Public Trust Area, and Coastal Shoreline Areas
of Environmental Concern that are contiguous with the man made canal and the Scuppernong
River. Public Trust Area, Estuarine Waters and Coastal Shorelines are designated as Area(s) of
Environmental Concern (AECs).
943 Washington Square Mall, Washington, NC 27889
Phone: 252-94M481 \ FAX: [phone] Internet: www,nrcoastaimanagement.net
An Equal opportunity \ Afiimative Action Employer

Mr. Nhan Le
22 April 2014
Page 2 of 2
You are hereby requested to CEASE and DESIST UNAUTHORIZED WORK
immediately. Any work in an Area of Environmental Concern requires you to file the necessary
application with this office for a CAMA Major Development Permit. No work may proceed
until a CAMA permit or authorization is issued.
Continuation of unauthorized work after receipt of this Notice may constitute a
violation of the Act and you may be subject to civil and/or criminal penalties as provided by
North Carolina General Statute (NCGS) 113A-126. Each day that the development described in
this Notice is continued or repeated may constitute a separate violation that is subject to an
additional assessment of $10,000. An injunction or criminal penalty may also be sought to
enforce any violation in accordance with NCGS I I3A-126.
In this case, there will be no assessment levied against you. However, if you continue
to violate the Coastal Area Management- Act, you should consider yourself forewarned and
expect a civil penalty to be levied against you consistent with the North Carolina Administrative
Code, Title 15A, Subchapter U, Section .0409, as adopted by the Coastal Resources
Commission.
Thank you for your time and cooperation in resolving this important matter. The relevant
statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the near future
to determine whether this STOP WORK ORDER has been complied with.
Sincerely,
Steve J. Trowell
Coastal Management Representative
Cc: David W. Moye, District Manager, DCM
Roy Brownlow, Compliance and Enforcement Coordinator, DCM
Kevin Hart, Fisheries Resource Specialist, DCM
Tier 1

OD f�t>
DCM ENFORCEMENT TRACKING REPORT
Issuer
Rep.'s
�L `rfit6ell f O
Rep
Violation Descriptil
Initial Discovery Date
Violation Description
7
MI
Violation Case No. /41 —
Permit
CAMA or D/F Violations: Yes /Jfoj Prior Case No:
(if applicable)
RespondentName(s) /IIT )/I (Landowner/Agent/Contractor)"
_ �
Address � Z,--Z7 07� city 6r2tnU[ ., .G- _ State /jiL �, Zip v2 / Phone #)JL JQ ` 64� 1 Fax #/Email
Corporate Name & Registered agent
Violation Type:
No Permit
❑
Permit Condition
❑
Expired Permit
❑
Inconsistent w/ Rules
Project Type:
Ln, Private/Community
❑ Govt./Public
❑ Commercial
Tier Level: (D II
Violation Location and Site Descriptionn' ,
Project Location: County ri^/6l � ram)
Street Address/ State Road/
/ L r ij
Subdivision
City
ZIP
Authorizations Required:
❑
Major k CAMA
❑
Minor D&F
02
General
Site Visits Respondent
Present
Lat/Long
Site Visits Respondent
Present
Shoreline Length f azz'/
SAV: Not Sure
Yes
+�
Sandbags: Not Sure
Yes
PNA:
Yes
Adjacent
ORW:
Yes
Adjacent
Cril. Hab.
Yes
Phone # ( _) //"� River Basin_ Photos Ye Nc .ei,
Adj. Wtr. Body �- 1te I/' nit rr unkn Waiver Required Yes Closest Maj. Wtr. Body seuG //��f /lf d l` / /LCIn DWQ Buffer Area Yes
I Specify DWQ Buffer if applicable:
Restoration
NOV Date
CNOV Date
Penalty Assessment
Initial Req. Comp. Date
Date Comp. Observed
Sent to Respondent Date App./Permit Fee
Rcvd. by Dist. Mgr. Date Penalty
Assessment E endrWCEjft No Willful/Intent.
Continuing
` APR 2 4 2014 Investigative
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
Is
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted
'----�— E] Penalty modified
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG F1 Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Collection Letter Sent _ Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes / No If yes, which types:
cvv EW PTA ES PTS
OEA HHF IH UBA N/A SA DS cJ SY JR LS TY
PWS: FC: ss SC SP IF BF 404
Other:
Restoration Required by the Respondent Yes / No
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
y
DeValopment Ad' ities
f /i,
J
Habitat Description
2
Closing CN-MHDCrry
Payment Received $ Date Date Case Closed