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HomeMy WebLinkAbout08-23B ArmstrongF2 m NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary September 10, 2008 CERTIFIED MAIL #xxxx xxxx xxxx xxxx xxxx RETURN RECEIPT REQUESTED Armstrong Hauling, Inc. c/o Mr. Robert Dean Armstrong 10085 NC Hwy 45 N Belhaven, NC 27810 Re: Civil Penalty Assessment for Violations of the Coastal Area Management Act CM 08-23B, Hyde County Dear Mr. Armstrong: Pursuant to G.S. § 113A-126(d), this letter is notice of a Civil Penalty Assessment against Armstrong Hauling, Inc. by the Director, Division of Coastal Management. The Civil Penalty Assessment document is attached. Within twenty (20) days from the date of receipt of this letter, a representative of Armstrong Hauling, Inc. must do one of the following: (1) Pay the Civil Penalty Assessment; or (2) Submit a written request for settlement, which includes a detailed justification for the request; or (3) File a written petition for a contested case hearing in the Office of Administrative Hearings (OAH) appealing the penalty assessment. Additional information about these options is provided below: PAYMENT Payment of the penalty will close the matter immediately and require no further action or expense on Armstrong Hauling, Inc's part. If this option is cho strong Hauling, Inc. should pay the penalty by a check or money order made payable to t46 Dep f Environment and Natural Resources (or DENR). This check should be sent to Ms. Christine Goeble, Assistant Attorney General, i N.C. Department of Justice, Environmental Division, Post O Box 62 eigh, 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Armstrong Hauling, Inc. c/o Mr. Robert Dean Armstrong September 10, 2008 Page 2 of 3 North Carolina 27602-0629. Ms. Goeble represents DENR in the resolution of this Civil Penalty Assessment. SETTLEMENT Armstrong Hauling, Inc. may request settlement of the penalty due to unusual factual or legal considerations that were not taken into account in assessing it. A settlement request is an admission that Armstrong Hauling, Inc committed the violation. It forecloses the option of a contested case hearing. A settlement request must be accompanied by a waiver of Armstrong Hauling, Inc.'s right to a contested case hearing and a stipulation that there are no factual or legal issues in dispute. A representative of Armstrong Hauling, Inc. must sign and return the attached waiver and stipulation form to this office. Armstrong Hauling, Inc. must also attach a detailed justification showing why one or more of the civil penalty assessment factors in G.S. § 113A-126(d) and Rule 15A NCAC 7J .0409 were wrongly applied to its detriment. Unfamiliarity with the law is not a ground for settlement. Neither is voluntary restoration. In order to present Armstrong Hauling, hic.'s request properly, a representative of Armstrong Hauling, Inc. may be required to present its request before the Coastal Resources Commission. An adverse determination may not be appealed to the courts. If Armstrong Hauling, Inc. chooses this option, it must send its reply to the Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557. APPEAL Armstrong Hauling, Inc. may request a contested case hearing to challenge the Director's factual findings and legal conclusions regarding the assessment. If Armstrong Hauling, Inc. files a contested case petition, it must be in writing and in the form prescribed by G.S. § 15013-23. File the original petition and one copy with the Office of Administrative Hearings (OAH), 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Any questions about filing a petition may be directed to the Clerk of OAR by telephoning (919) 733-0926. Armstrong Hauling, Inc. must serve DENR by mailing a copy of the petition to: Ms. Mary Penny Thompson General Counsel DENR 1601 Mail Service Center Raleigh, North Carolina 27699-1601 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity k Affirmative Action Employer— 50% Recycled k 10% Post Consumer Paper Armstrong Hauling, Inc. c/o Mr. Robert Dean Armstrong September 10, 2008 Page 3 of 3 Armstrong Hauling, Inc. must also serve the Division of Coastal Management by mailing a copy of the petition to: Mr. James H. Gregson, Director Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Your attention to this important matter is appreciated. Sincerely, James H. Gregson Director, DCM Attachments: Assessment Document Waiver of Right to Hearing and Request for Settlement Cc: M. Ted Tyndall, Assistant Director, DCM Terry Moore, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Kimberly Hedrick, District Compliance and Enforcement Representative, DCM 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity %Affirmative Action Employer— 50% Recycled % 10% Post Consumer Paper STATE OF NORTH CAROLINA COUNTY OF CARTERET IN THE MATTER OF: ARMSTRONG HAULING, INC. C/O MR. ROBERT DEAN ARMSTRONG FOR VIOLATIONS OF THE COASTAL AREA MANAGEMENT ACT, N.C. GENERAL STATUTE § 113A-100 et seq. NORTH CAROLINA COASTAL RESOURCES COMMISSION CM 08-23B REQUEST FOR REMISSION OF CIVIL PENALTIES; WAIVER OF RIGHT TO ADMINISTRATIVE HEARING; AND STIPULATION OF FACTS Having been assessed a civil penalty in the amount of TWO THOUSAND FOUR HUNDRED FIFTY-NINE DOLLARS ($2,459.00) for violation of the Coastal Area Management Act, which violation is set forth in the Director's Civil Penalty Assessment dated September 10, 2008, Armstrong Hauling, Inc. hereby requests a settlement of the civil penalty. In order that this request for settlement may be considered, Armstrong Hauling, Inc. hereby waives its right to an administrative hearing. Armstrong Hauling, Inc. stipulates that the facts are alleged in the assessment document and that there are no factual or legal issues in dispute, other than the reasonableness of the amount of the assessment. Armstrong Hauling, Inc. further understands that a request for settlement is an acknowledgement of civil liability as set forth in the Director's Civil Penalty Assessment and that there is no appeal to the Superior Court of the decision on a request for settlement. This the day of NAME (Signature ADDRESS , 2008. TELEPHONE Attach a written statement just Eying your settlement request. Ijyou are represented by an attorney, provide his or her name, address, and telephone number: STATE OF NORTH CAROLINA COUNTY OF CARTERET IN THE MATTER OF: ARMSTRONG HAULING, INC. C/O MR. ROBERT DEAN ARMSTRONG FOR VIOLATIONS OF THE COASTAL AREA MANAGEMENT ACT, N.C. GENERAL STATUTE § 113A-100 et seq. NORTH CAROLINA COASTAL RESOURCES COMMISSION CM 08(raxe CIVIL PENALTY ASSESSMENT Pursuant to the Coastal Area Management Act (CAMA), North Carolina General Statutes (N.C.G.S.) § 113A-126(d), and the authority vested in me by the Coastal Resources Commission (CRC) pursuant to Rule 15A North Carolina Administrative Code (NCAC) 7J .0409(f)(1), I, James H. Gregson, Director, Division of Coastal Management (DCM), North Carolina Department of Environment and Natural Resources (DENR), find that Armstrong Hauling, Inc. is a corporation subject to the permit requirements in CAMA, responsible for the following violations, and liable for the following civil penalty assessment: I. VIOLATIONS COMMITTED A. Armstrong Hauling, Inc. is an active legal corporation, registered in North Carolina. B. This property is located off US Hwy 264, in or near Engelhard, Hyde County, North Carolina and is owned by Mr. Gordon W. "Dell' and George "Michael" Meekins. C. This violation occurred within coastal wetlands contiguous to Far Creek. D. The waters of Far Creek are waters of the State of North Carolina. E. Pursuant to N.C.G.S. § 113A-113, the Coastal Resources Commission ("CRC") has identified certain geographic areas as AECs and adopted standards for development within them. F. The coastal wetlands contiguous to Far Creek are within the Coastal Wetlands Area of Environmental Concern (AECs) as designated by the CRC in Rules 15A NCAC 7H .0205. G. Washington District Compliance and Enforcement Representative Ms. Kimberly Hedrick and Coastal Management Representative Steve Trowell, performed a routine aerial surveillance flight on 18 March 2008 and observed land disturbing activity occurring on the Meekins' property that warranted further investigation. H. On 16 April 2008, Ms. Hedrick conducted an onsite inspection on the Meekins' property which is the subject of this violation and found unauthorized alteration of coastal wetland substrate, excavation and fill in wetlands in the form of ruts as a result of heavy equipment used for mowing activity. I. Armstrong Hauling, hic. was functioning as contractor for the Meekins on the property that is the subject of this violation. J. Armstrong Hauling, Inc.'s excavation and fill activity took place primarily in a coastal wetland, which is a designated AEC pursuant to N.C.G.S. § 113A-113(b)(1) and defined in N.C.G.S. § 113-229(n)(3)(Dredge and Fill Law). The AEC is further defined in the Commission's rules at 15A NCAC 7H .0201 and .0205(a). K. The impacted coastal wetlands areas on the Meekins' property are vegetated primarily with Distichlis spicata (Salt Grass), Juncus romerianus (Black Needlerush), Scirpus spp. (Bulrush) and Spartina patens (Salt Meadow Grass). L. The alteration of coastal wetland substrate, excavation and filling of coastal wetlands constitutes "development" as defined inN.C.G.S. § 113A-103(5)(a), because the definition of "development" specifically includes "excavation," "filling," and "alteration of land as an adjunct of construction" in a duly designated Area of Environmental Concern (AEC). M. The development is "major development" under N.C.G.S. § 113A-118(d) because the alteration of coastal wetland substrate, excavation and filling within coastal wetlands would have also required a permit under the North Carolina Division of Water Quality and the United States Army Corps of Engineers. N. The activities undertaken would have required a CAMA Major Permit in order to be authorized. O. In N.C.G.S. § 113-229(a), the Dredge and Fill Law also requires every person to obtain a permit before any excavation or filling project is begun in marshlands or tidelands. P. No permit was issued to Armstrong Hauling, Inc., Mr. Robert Dean Armstrong, or the Meekins for development within the Coastal Wetland AEC. If Armstrong Hauling, Inc. or the Meekins had applied for such a permit, it would have been denied because the CRC's use standards prohibit altering, excavating and filling coastal wetlands for non water -dependent uses pursuant to 15A NCAC 7H .0205(d), 7H .0208(a)(1), and 7H .0209(d)(4). Q. On 30 April 2008, DCM sent a Notice of Violation (NOV) to Mr. Dean Armstrong and on 20 August 2008 DCM sent a NOV to Armstrong Hauling, Inc. in care of Mr. Robert Dean Armstrong by certified mail, return receipt requested. The NOVs warned Mr. Armstrong and Armstrong Hauling, Inc. that the unauthorized 927 total square feet of excavation and earthen fill in coastal wetlands in the form of ruts and earthen depressions which occurred from the use of heavy equipment within coastal wetlands is in violation of the Coastal Area 0 Management Act. The NOVs also informed Mr. Armstrong and Armstrong Hauling, Inc. of the Coastal Resources Commission's policy to assess a civil penalty for all violations. H. CIVIL PENALTY ASSESSMENT A. I hereby assess a civil penalty against Armstrong Hauling, Inc. in the amount of TWO THOUSAND FOUR HUNDRED FIFTY-NINE DOLLARS ($2,459.00) for undertaking major development without a CAMA Development Permit in violation of G.S. § 113A- 118. In determining the amount of this penalty, I have considered the degree and extent of the harm, the cost of rectifying the damage, whether the violation was committed willfully or intentionally, and the prior record of the respondent in complying or failing to comply with programs over which the Commission has regulatory authority as required under CAMA in N.C.G.S. § 113A-126(d)(4) and the factors set forth in the Coastal Resource Commission's rules in 15A NCAC 7J .0409(g)(3). B. I have determined that a penalty of $2,459.00 is appropriate under Title 15A NCAC 7J .0409(g)(4)(3), 7J .0409(g)(4)(D)(iii) and 7J .0409(g)(4)(E) of the Coastal Resource Commission's rules because of the degree of and extent of harm caused by the violations, the effect on coastal resources, the damage to public resources, the prior record of the respondent and the costs incurred by the Division for investigation, inspection, and monitoring associated with this violation. The amount of the penalty is in accordance with 15A NCAC 7J .0409(g)(4)(B) and Schedule A which addresses violations of major development that could not have been permitted under the Commission's rules at the time a notice of violation is issued. Due to the Coastal Wetland Area of Environmental Concern and the 977 square feet area affected, Schedule A provides a penalty of $750 be imposed plus $459 investigative costs for a total of $1,209. However, Title 15A NCAC 7J .0409(g)(4)(D)(iii) requires that penalties assessed under Parts (g)(4)(B) of the Rule shall be doubled nor be less than $2,000 for each separate violation when the person committed previous violations of the Commission's roles. DCM previously issued Notice of Violation 06-15B on 24 May 2006 to Armstrong Hauling, Inc. in care of Mr. Dean Armstrong for unauthorized development in violation of the Coastal Area Management Act and the State's dredge and fill law. C. Therefore, the penalties and investigative costs I have assessed against Armstrong Hauling, Inc. total $2,459.00. D. I hereby direct that this Civil Penalty Assessment be served on Armstrong Hauling, Inc. as provided in N.C.G.S. § 113A-126(d)(3). Date James H. Gregson, Director Division of Coastal Management STATE OF NORTH CAROLINA COUNTY OF CARTERET IN THE MATTER OF: ARMSTRONG HAULING, INC. CIO MR. ROBERT DEAN ARMSTRONG FOR VIOLATIONS OF THE COASTAL AREA MANAGEMENT ACT, N.C. GENERAL STATUTE § 113A-100 et seq. NORTH CAROLINA COASTAL RESOURCES COMMISSION CM 08-23B CIVIL PENALTY ASSESSMENT _ n c AA 5 Pursuant to the Coastal Area Management Act (LAMA), North Carolina General Statutes (N.C.G.S.) § 113A-126(d), and the authority vested in me by the Coastal Resources Commission (CRC) pursuant to Rule 15A North Carolina Administrative Code (NCAC) 7J .0409(f)(1), I, James H. Gregson, Director, Division of Coastal Management (DCM), North Carolina Department of Environment and Natural Resources (DENR), find that Armstrong Hauling, Inc. is a corporation subject to the permit requirements in CAMA, responsible for the following violations, and liable for the following civil penalty assessment: I. VIOLATIONS COMMITTED A. Armstrong Hauling, Inc. is an active legal corporation, registered in North Carolina. B. This property is located off US Hwy 264, in or near Engelhard, Hyde County, North Carolina and is owned by Mr. Gordon W. "Dell" and George "Michael' Meekins. C. This violation occurred within coastal wetlands contiguous to Far Creek. D. The waters of Far Creek are waters of the State of North Carolina. E. Pursuant to N.C.G.S. § 113A-113, the Coastal Resources Commission ("CRC') has identified certain geographic areas as AECs and adopted standards for development within them. F. The coastal wetlands contiguous to Far Creek are within the Coastal Wetlands Area of Environmental Concern (AECs) as designated by the CRC in Rules 15A NCAC 7H .0205. G. Washington District Compliance and Enforcement Representative Ms. Kimberly Hedrick and Coastal Management Representative Steve Trowell, performed a routine aerial surveillance flight on 18 March 2008 and observed land disturbing activity occurring on the Meekins' property that warranted further investigation. H. On 16 April 2008, Ms. Hedrick, Mr. Trowell, and District Manager, Terry Moore conducted an onsite inspection on the Meekins' property which is the subject of this violation and found unauthorized alteration (excavation and fill) of coastal wetland substrate, in wedaads in the form of ruts as a result of heavy equipment used for mowing activity. I. Armstrong Hauling, Inc. was functioning as contractor for the Meekins' on the property that is the subject of this violation. J. Armstrong Hauling, Inc.'s excavation and fill activity took place primarily in a coastal wetland, which is a designated AEC pursuant to N.C.G.S. § 113A-113(b)(1) and defined in N.C.G.S. § 113-229(n)(3)(Dredge and Fill Law). The AEC is further defined in the Commission's rules at 15A NCAC 7H .0201 and .0205(a). K. The impacted coastal wetlands areas on the Meekins' property are vegetated primarily with Distichlis spicata (Salt Grass), Juncus romerianus (Black Needlerush), Scirpus spp. (Bulrush) and Martina patens (Salt Meadow Grass). L. The alteration of coastal wetland substrate, excavation and filling of coastal wetlands constitutes "development" as defined in N.C.G.S. § 113A-103(5)(a), because the definition of "development" specifically includes "excavation," "filling," and "alteration of land as an adjunct of construction" in a duly designated Area of Environmental Concern (AEC). M. The development is "major development" under N.C.G.S. § 113A-118(d) because the alteration of coastal wetland substrate, excavation and filling within coastal wetlands would have also required a permit under the North Carolina Division of Water Quality and the United States Army Corps of Engineers. N. The activities undertaken would have required a CAMA Major Permit in order to be authorized. O. In N.C.G.S. § 113-229(a), the Dredge and Fill Law also requires every person to obtain a permit before any excavation or filling project is begun in marshlands or tidelands. P. No permit was issued to Armstrong Hauling, Inc., Mr. Robert Dean Armstrong, or the Meekins' for development within the Coastal Wetland AEC. If Armstrong Hauling, Inc. or the Meekins' had applied for such a permit, it would have been denied because the CRC's use standards prohibit altering, excavating and filling coastal wetlands for non water - dependent uses pursuant to 15A NCAC 7H .0205(d), 7H .0208(a)(1), and 7H .0209(d)(4). Q. On 30 April 2008, DCM sent a Notice of Violation (NOV) to Mr. Dean Armstrong and on 20 August 2008 DCM sent a NOV to Armstrong Hauling, Inc. in care of Mr. Robert Dean Armstrong by certified mail, return receipt requested. The NOVs warned Mr. Armstrong and Armstrong Hauling, Inc. that the unauthorized 927 total square feet of excavation and earthen fill in coastal wetlands in the form of ruts and earthen depressions which occurred from the use of heavy equipment within coastal wetlands is in violation of the Coastal Area Management Act and the State's Dredge and Fill Law. The NOVs also informed Mr. Armstrong and Armstrong Hauling, Inc. of the Coastal Resources Commission's policy to assess a civil penalty for all violations. 11. CIVIL PENALTY ASSESSMENT A. I hereby assess a civil penalty against Armstrong Hauling, Inc. in the amount of TWO THOUSAND FOUR HUNDRED FIFTY-NINE DOLLARS ($2,459.00) for undertaking major development without a CAMA Development Permit in violation of G.S. § 113A- 118. hi determining the amount of this penalty, I have considered the degree and extent of the harm, the cost of rectifying the damage, whether the violation was committed willfully or intentionally, and the prior record of the respondent in complying or failing to comply with programs over which the Commission has regulatory authority as required under CAMA in N.C.G.S. § 113A-126(d)(4) and the factors set forth in the Coastal Resource Commission's rules in 15A NCAC 7J .0409(g)(3). B. I have determined that a penalty of $2,459.00 is appropriate under Title 15A NCAC 7J .0409(g)(4)(B), 7J .0409(g)(4)(D)(iii) and 7J .0409(g)(4)(E) of the Coastal Resources Commission's rules because of the degree of and extent of harm caused by the violations, the effect on coastal resources, the damage to public resources, the prior record of the respondent and the costs incurred by the Division for investigation, inspection, and monitoring associated with this violation. The amount of the penalty is in accordance with 15A NCAC 7J .0409(g)(4)(B) and Schedule A which addresses violations of major development that could not have been permitted under the Commission's rules at the time a notice of violation is issued. Due to the Coastal Wetland Area of Environmental Concern and the 977 square feet area affected, Schedule A provides a penalty of $500M be imposed plus $250 relevant CAMA permit application fee, plus $459 investigative costs for a total of $1,209. However, Title 15A NCAC 7J .0409(g)(4)(D)(iii) requires that penalties assessed under Parts (g)(4)(B) of the Rule shall be doubled nor be less than $2,000 for each separate violation when the person committed previous violations of the Commission's rules. DCM previously issued Notice of Violation 06-15B on 24 May 2006 to Armstrong Hauling, Inc. in care of Mr. Dean Armstrong for unauthorized development in violation of the Coastal Area Management Act and the State's dredge and fill law. C. Therefore, the penalties and investigative costs I have assessed against Armstrong Hauling, Inc. total $2,459.00. D. I hereby direct that this Civil Penalty Assessment be served on Armstrong Hauling, Inc. as provided in N.C.G.S. § 113A-126(d)(3). Date James H. Gregson, Director Division of Coastal Management JUL-9,2-2008 12:23 From:NC DIV COASTAL MGMNT 2529480479 To:912522473330 P.1/4 r C � art t ur•nlin0 Lepartmew of l nvfronnier7! and lbatW-171 ReS0ZO-C l,IS W' Division of Coastal Alana; ement '�-J 3 YYiashinc lon Square Mal? Washinluron, IVC ?7t389 )5-1-946-6481 52-948-0478 (Z)CrtiIFaY j FAX rfRANSM-1SSION TO: O 1)A1 c: _ ��- RL: vL r% Arno NO. PAGES: including cover CONRY ENTS: V Terry Moore, Supervisor - 252-948,3851 Kelly Spivey, Field Rep - 252.948-3853 Sherry Tyson, Secretary - ?52.9a8-3817 Fred Landa, Planncr - 252-948-3450 Steve Crowell, Field Rep - 252-948-3854� David Moye,Field Rep -;52-948-3852 (Mike Thomas, Fic1d Rep -- 252-948-3950 Kim Hednek, Compliancc C'oor. 252-948-3936 JUL-P,2-2008 12:23 From:NC DIU COASTAL MGMNT 2529480478 To:912522473330 P.2/4 Armstrong Inc PO fiox 96 Pardego, NC 27860 (252) 943-2082 Phony. (252) 943-3308 Fax To: r 4�z Attu: ` 1��►Q t� Noell Mon3s Armstrong, Inc noell g-=tron«incoM ated.com eoo/good UVOt Wez 80061Wz0 JUL-02-2009 12:23 From:NC DIU COASTAL MGMNT 2529480478 To:912522473330 P.3/4 Armstrong Hauling M Box 9F Pantega, tic rmo (232)91320N2 phone (252)90.3308 tax NCDENR Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 July 2, 2008 RE; CAMA Violation # 08-23-B To NCDENR Representative: I am writing in regards to a citation that I received on May 8, 2008, I would like to explain the situation with the W. Gordon "Doll' Meekins and Mr. George Michael Meekins job. The property owners had obtained a permit for the work that was performed- Bobby Armstrong met with Mr. Steve Trial and permission was granted to startthe work. The work was started November 28, 2007 and wmpleted November 30, 2W7. Mr. Trial came iu and after investigation, stated that the work was appropriately perei m. In April, five mouths a0,cr the work was completed, Mrs. Kira Hemicks apparently looked at the property and gave me a citation for dredging and exL%viition when actually, it was no more than imprints 9tom the machine. I feel like we did evetythimg possible to complete the work appropriately and efficiently to meet the requirxracnts of NCDENR. I have worked many times NCDENR and we have always tried to work responsibly. We wish that you would muonsider the amount of the citation due to the evidence as stated above. I understand that a dredging and crcavation permit would cost $250.00 and that Mrs. tlondr &s investigation fee was $50.00. I will not admit guilt in this matter for I do not feel that I drudged or excavated as you have stated and I feel that I am being treated unfairly in this case. If this will Close this case, please let me know and I will send a check immediately. If not, I would like a judge to hear this case. I have copied the Conditions of Permit for impacting wetlands and from my understanding, as long as the area in question is waaller than I /3 of an acre, I did not aced a permit. 'the area disnirbed for hacking to the destination was less than 1/3 of an acre. 900/600'd 6004 8t.e4 900Z/r0/r0 JUL;02-2008 12:24 From:NC DIV COASTAL MGMNT 2529480470 To:912522473330 P.4/4 CandiUons of Permit I. Totaling Impacts and Application Requirements: A. Application Thmshcdds — Impacts to iaolated, classified streams, wetlands and water that exceed any of the thresholds below require a octnpleto application and wr tten concurrence which may include site -specific conditions in order to use this Permit These threehotde apply for the entire pncjact regardlasa of the number of Nationwide or Individual Permits (d any) applicable to the project that are, Wwd by the US Army Corps of Engineers for the project 3. Impacts to isolated weuereds of greater or egaral to 113 of an acne east of 145 and 1110 *Yen acre west of I require written nodfication to and approval by the Division of Water Quality; I wig look forward to hearing from you soon. Thank you for your time on this matter. vl Dean Amrsffong` �+"" E00/E00'd 600t! 9t " 8003/L01t0 YGN4 !LIM •L, ps }fin/�o06'L9 3 f"`�""'i" �dC�'p ED l/V-23-B AUr' 2 2 2008 North Carolina Department of Environment a f;� al Resources Division of Coastal Managem ead City DCM Michael F. Easley, Governor James H. Gregson, Director William G. Ross, Jr., Secretary NOTICE OF VIOLATION August 20, 2008 CERTIFIED MAIL 7007-0220-0003-1479-6167 RETURN RECEIPT REQUESTED Armstrong Hauling, Inc. c/o Mr. Robert Dean Armstrong 10085 NC Hwy 45 N Belhaven, NC 27810 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION#08-23-B Dear Mr. Armstrong: This letter is in reference to a meeting on 23 April 2008, whereas Steve Trowell, Field Representative, and I met Mr. Gordon "Dell" Meekins and Mr. George Michael Meekins onsite of their property located off U.S. Hwy 264, adjacent Far Creek, near Engelhard, North Carolina. The purpose of this inspection was to follow up on my 16 April 2008 site visit, whereas I discovered and recorded measurements of unauthorized development on the Meekins property. The purpose of the 16 April 2008 site visit was to investigate information recorded by me during a routine Dredge and Fill surveillance flight on 18 March 2008. Information gathered by me for the Division of Coastal Management indicates that your actions as contractor for Mr. Gordon "Dell" Meekins and Mr. George Michael Meekins are in violation of the Coastal Area Management Act (CAMA) as well as the State's Dredge and Fill Law. No person may undertake major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the N.C. Department of Environment and Natural Resources. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 113A-118. I have information that indicates you have undertaken, or are legally responsible for, the unauthorized excavation and earthen fill in Coastal Wetlands, in the forth of ruts and earthen depressions, which occurred from the use of heavy equipment for mowing on the Meekins property. There is a total of approximately 927 ft' of disturbance in Coastal Wetlands. There is approximately 477 ft2 of disturbed area consisting of several, irregular shaped ruts in Coastal Wetlands located within the Coastal Shoreline Area of Environmental Concern (AEC), and approximately 450 ft' of disturbance in the forth of irregular shaped depressions from heavy equipment in Coastal Wetlands located outside the Coastal Shoreline AEC. In addition, there is a total of approximately 302 ft' of irregular shaped ruts located in other wetlands within the Coastal Shoreline AEC. The affected Coastal Wetland areas contain, but are not limited to, the Coastal Wetland species Distichlis spicata, Spartina patens, Scirpus spp., and Juncus roemerianus. The aforementioned activities took place in Coastal Wetlands and Coastal Shoreline that are contiguous with Far Creek. Coastal Wetlands and Coastal Shorelines are Areas of Environmental Concern (AECs) designated by the Coastal Resources Commission, and no permit was issued to you for development in these areas. Therefore, I conclude that you are in violation of the Coastal Area Management Act and the State's Dredge and Fill Law. 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet vv+nv.nccoastalmanagementneV An Equal Opportunity 1 Affinnalive Action Employer— 50% Recycled 110% Post Consumer Paper InnCarolina atura!/y Armstrong Hauling, Inc. c/o Mr. Robert Dean Armstrong 20 August 2008 Page 2 of 2 I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. A civil assessment of up to $10,000 may be assessed against any violator. Investigative costs shall be in addition to any civil penalty assessed. Each day that the development described in this notice is continued or repeated may constitute a separate violation, which is subject to an additional assessment of up to $10,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S.113A-126. You are also in violation of the State's Dredge and Fill Law, which requires a permit from the N.C. Department of Environment, and Natural Resources before undertaking any excavation or ffkg in any estuarine waters, tidelands, marshlands, or a state-owned lake. The excavation and filling activities that you have undertaken as a result of mowing in Coastal Wetlands with heavy equipment on the Meekins property was done without a permit from this Division. Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activities violating the requirements of the Dredge and Fill Law. Violations of the State's Dredge and Fill Law may be enforced by a criminal penalty or a civil action for damages or an injunction in accordance with N.C.G.S.113-229. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(g)(4)(E), the policy of the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that assessed against the landowner. Therefore, you should expect a civil assessment to be levied against you. This is done to recoup some of the costs of investigating the violation and/or to compensate the public for any damage to its natural resources. The amount assessed will depend on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. 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. If you have any questions about this or related matters, please call me at (252) 948-3936. Pending the submittal of an enforcement report, you will be notified as to the amount of a civil assessment for undertaking development without the proper permits. Sincerely, Kimberly Hedrick Compliance and Enforcement Representative Division of Coastal Management (DCM) Enclosure — proposed civil penalty assessment cc: M. Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Terry E. Moore, District Manager, DCM Steve Trowell, Field Representative, DCM David Lekson, U.S. Army Corps of Engineers, Washington Field Office Al Hodge, Division of Water Quality (DWQ), Washington Regional Office D AUG 2 2 2008 North Carolina Department of Environment and Natural R��121C1 Clt Division of Coastal Management Y DCM Michael F. Easley, Governor James H. Gregson, Director William G. Ross, Jr., Secretary August 20, 2008 CERTIFIED MAIL 7007-0220-0003-1479-6167 RETURN RECEIPT REQUESTED Armstrong Hauling, Inc. c/o Mr. Robert Dean Armstrong 10085 NC Hwy 45 N Belhaven. NC 27810 RE: CAMA VIOLATION #08-23-B Dear Mr. Armstrong: This letter is in reference to the Notice of Violation dated 20 August 2008 that Kimberly Hedrick, Compliance and Enforcement Representative for the Division of Coastal Management, issued to you, as contractor, for the unauthorized inadvertent excavation and filling activities in the form of ruts and depressions that you have undertaken in Coastal Wetlands and Coastal Shoreline. This occurred on the property of Mr. Gordon "Dell" Meekins and Mr. George Michael Meekins located off U.S. Hwy 264, adjacent Far Creek, near Engelhard, in Hyde County, North Carolina. The violation involved Coastal Wetlands and Coastal Shoreline, which are Areas of Environmental Concern (AECs) designated by the Coastal Resources Commission. The Coastal Area Management Act (CAMA) provides that a civil assessment of up to $10,000 may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for violations in order to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Please be reminded that you have committed previous violation(s) of the Commission's rules. Pursuant to the North Carolina Administrative Code, Title 15A, subchapter 7J. 0409(g)(4)(D)(iii), the amount of the civil assessment proposed against you will reflect the repetitiveness of your noncompliance with the Coastal Area Management Act (CAMA) and the Coastal Resource Commission's rules. Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $2,000 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibility for the violation and paying the amount proposed above. In orderto do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach a check or money order for $2,000 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the enclosed, self- addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's account, you will receive a Notice of Compliance officially closing this enforcement action. 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 1 Intemet w .n000astalmanagementnet/ o ` hC=hna awrally An Equal Opporlunhy 1 Affirmative Action Employer — 50% Recyded 110% Post Consumer Paper s' x Armstrong Hauling, Inc. c/o Mr. Robert Dean Armstrong August 20, 2008 Page 2 of 3 If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the Division of Coastal Management will formally assess a civil penalty against you. You will then have the opportunity to request a hearing on the penalty or request remission of the penalty. Thank you for your time and cooperation in resolving this important matter. If you have any questions, please do not hesitate to contact me at (252) 948-3851. Sincerely, Terry E. Moore District Manager Division of Coastal Management (DCM) Enclosure cc: M. Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Terry E. Moore, District Manager, DCM Steve Trowel], Field Representative, DCM Armstrong Hauling, Inc. c/o Mr. Robert Dean Armstrong August 20, 2008 Page 3 of 3 CAMA VIOLATION #08.23-13 AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $2,000 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et sec , committed onsite the property of Mr. Gordon "Dell" Meekins and Mr. George Michael Meekins located off U.S. Hwy 264, adjacent Far Creek, near Engelhard, in Hyde County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated 20 August 2008, and agree to pay the proposed civil assessment of $2,000. DATE SIGNATURE ADDRESS TELEPHONE NUMBER Ea North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross, Jr., Secretary May 8, 2008 CERTIFIED MAIL 7007-0220-0003-1477-8842 RETURN RECEIPT REQUESTED Mr. Dean Armstrong 10085 NC Hwy 45 N Belhaven, NC 27810 RE: CAMA VIOLATION #08-23-B Dear Mr. Armstrong: (JUU v This letter is in reference to the Notice of Violation dated 30 April 2008 that Kimberly Hedrick, Compliance and Enforcement Representative for the Division of Coastal Management, issued to you, as contractor, far the unauthorized inadvertent excavation and filling activities in the form of ruts and depressions that you have undertaken in Coastal Wetlands and Coastal Shoreline. This occurred on the property of Mr. Gordon 'Dell' Meekins and Mr. George Michael Meekins located off U.S. Hwy 264, adjacent Far Creek, near Engelhard, in Hyde County, North Carolina. The violation involved Coastal Wetlands and Coastal Shoreline, which are Areas of Environmental Concern (AECs) designated by the Coastal Resources Commission. The Coastal Area Management Act (CAMA) provides that a civil assessment of up to $10,000 may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for violations in order to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Please be reminded that on 24 May 2006, this Division issued Notice of Violation No. 06-15-B to you for the unauthorized placement of broken concrete riprap along the shoreline of the Pungo River. On 19 June 2001, this Division issued Notice of Violation No. 01-21-B to you for the unauthorized placement of masonry debris and unconfined earthen fill along the shoreline of Pantego Creek. On 1 September 2000, this Division issued yourfirst Notice of Violation No. 00-23-8 to you for the clearing and grading of the Estuarine Shoreline. Pursuant to the North Carolina Administrative Code, Title 15A, subchapter 7J. 0409(g)(4)(D)(iii), the amount of the civil assessment proposed against you will reflect the repetitiveness of your noncompliance with the Coastal Area Management Act (CAMA) and the Coastal Resource Commission's rules. y� i Ma Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount $1,608 ` �y is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment o formal v`� civil penalty by accepting responsibility for the violation and paying the amount proposed above. In order o do pp 2 IGOV this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment, (2) attach a �l check or money orderfor $1,608 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the enclosed, self- addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's account, you will receive a Notice of Compliance officially closing this enforcement action. 943 Washington Square Mail, Washingtan, North Carolina 27889 Phone: 252-946-Ml 1 FAX: 252-948-04781 Internet .naoastalmanagementnetl ox XCarolina An Equal Opportunity l Affirmative Action Employer —50%Recycled 110% Post Consumer Paper ura!!il Mr. Dean Armstrong May 8, 2008 Page 2 of 3 If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the Division of Coastal Management will formally assess a civil penalty against you. You will then have the opportunity to request a hearing on the penalty or request remission of the penalty. Thank you for your time and cooperation in resolving this important matter. If you have any questions, please do not hesitate to contact me at (252) 948-3851. Sincerely, Terry E. Moore District Manager Division of Coastal Management (DCM) Enclosure cc: M. Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Terry E. Moore, District Manager, DCM Steve Trowell, Field Representative, DCM Mr. Dean Armstrong May 8, 2008 Page 3 of 3 CAMA VIOLATION f108-248 AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $1,608 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et se , committed onsite the property of Mr. Gordon 'Dell" Meekins and Mr. George Michael Meekins located off U.S. Hwy 264, adjacent Far Creek, near Engelhard, in Hyde County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated 30 April 2008, and agree to pay the proposed civil assessment of $1,608. DATE SIGNATURE SIGNATURE ADDRESS TELEPHONE NUMBER P��, C1YS]4[.I4 F{i(+ North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross, Jr., Secretary May 8, 2008 CERTIFIED MAIL 7007-0220-0003.1477.8842 RETURN RECEIPT REQUESTED Mr. Dean Armstrong 10085 NC Hwy 45 N Belhaven, NC 27810 RE: CAMA VIOLATION #08-23-B Dear Mr. Armstrong: DitY DC 41 This letter is in reference to the Notice of Violation dated 30 April 2008 that Kimberly Hedrick, Compliance and Enforcement Representative for the Division of Coastal Management, issued to you, as contractor, for the unauthorized inadvertent excavation and filling activities in the form of ruts and depressions that you have undertaken in Coastal Wetlands and Coastal Shoreline. This occurred on the property of Mr. Gordon "Dell" Meekins and Mr. George Michael Meekins located off U.S. Hwy 264, adjacent Far Creek, near Engelhard, in Hyde County, North Carolina. The violation involved Coastal Wetlands and Coastal Shoreline, which are Areas of Environmental Concern (AECs) designated by the Coastal Resources Commission. The Coastal Area Management Act (CAMA) provides that a civil assessment of up to $10,000 may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for violations in order to recover some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Please be reminded that on 24 May 2006, this Division issued Notice of Violation No. 06-15-B to you for the unauthorized placement of broken concrete riprap along the shoreline of the Pungo River. On 19 June 2001, this Division issued Notice of Violation No. 01-21-B to you for the unauthorized placement of masonry debris and unconfined earthen fill along the shoreline of Pantego Creek. On 1 September 2000, this Division issued yourfirst Notice of Violation No. 00-23-B to you for the clearing and grading of the Estuarine Shoreline. Pursuant to the North Carolina Administrative Code, Title 15A, subchapter 7J. 0409(g)(4)(D)(iii), the amount of the civil assessment proposed against you will reflect the repetitiveness of y your noncompliance with the Coastal Area Management Act (CAMA) and the Coastal Resource Commission's,. rules. Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount $1,608 y is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment o formal J 4 civil penalty by accepting responsibility for the violation and paying the amount proposed above. In order o o a 2 900 this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;" (2) attach check or money order for $1,608 made payable to the North Carolina Department of Environment and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to this office in the enclosed, self- addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the Department's account, you will receive a Notice of Compliance officially closing this enforcement action. 943 Washington Square Mall, Washugion, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet w .ncwastalmanagementnetl D"" IVWnhhCarolina An Equal Opportunhy 1 Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper 1 �IuMAY Mr. Dean Armstrong May 8, 2008 Page 2 of 3 If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the Division of Coastal Management will formally assess a civil penalty against you. You will then have the opportunity to request a hearing on the penalty or request remission of the penalty. Thank you for your time and cooperation in resolving this important matter. If you have any questions, please do not hesitate to contact me at (252) 948-3851. Sincerely, Terry E. Moore District Manager Division of Coastal Management (DCM) Enclosure cc: M. Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Terry E. Moore, District Manager, DCM Steve Trowell, Field Representative, DCM Mr. Dean Armstrong May 8, 2008 Page 3 of 3 CAMA VIOLATION #08-24-B AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT I understand that the staff of the Department of Environment and Natural Resources will propose the assessment of a civil penalty in the amount of $1,608 against me for violation of the Coastal Area Management Act, NCGS 113A-100 et se , committed onsite the property of Mr. Gordon "Dell" Meekins and Mr. George Michael Meekins located off U.S. Hwy 264, adjacent Far Creek, near Engelhard, in Hyde County, North Carolina. In order to resolve this matter with no further action or expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated 30 April 2008, and agree to pay the proposed civil assessment of $1,608. DATE SIGNATURE SIGNATURE ADDRESS TELEPHONE NUMBER 08-2 IZ�� Z� 3 yheek'^'S 3-B North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F Easley, Governor James H. Gregson, Director William G. Ross, Jr., Secretary NOTICE OF VIOLATION April 3Q 2008 ��'�"�(� CERTIFIED MAIL 7007-0220-0003-1477.8811 RETURN RECEIPT REQUESTED MAY 0 2 2008 10 Dean Armstrong Morehead City DCM 10085 NC Hwy 45 N Belhaven, NC 27810 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VfOLAT/ON#08-23-B Dear Mr. Armstrong: This letter is in reference to a meeting on 23 April 2008, whereas Steve Trowell, Field Representative, and I met Mr. Gordon "Dell" Meekins and Mr. George Michael Meekins onsite of their property located off U.S. Hwy 264, adjacent Far Creek, near Engelhard, North Carolina. The purpose of this inspection was to follow up on my 16 April 2008 site visit, whereas I discovered and recorded measurements of unauthorized development on the Meekins property. The purpose of the 16 April 2008 site visit was to investigate information recorded by me during a routine Dredge and Fill surveillance flight on 18 March 2008. Information gathered by me for the Division of Coastal Management indicates that your actions as contractor for Mr. Gordon "Dell" Meekins and Mr. George Michael Meekins are in violation of the Coastal Area Management Act (CAMA) as well as the State's Dredge and Fill Law. No person may undertake major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the N.C. Department of Environment and Natural Resources. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 113A-118. I have information that indicates you have undertaken, or are legally responsible for, the unauthorized excavation and earthen fill in Coastal Wetlands, in the form of ruts and earthen depressions, which occurred from the use of heavy equipment for mowing on the Meekins property. There is a total of approximately 927 ftz of disturbance in Coastal Wetlands. There is approximately 477 ft= of disturbed area consisting of several, irregular shaped ruts in Coastal Wetlands located within the Coastal Shoreline Area of Environmental Concern (AEC), and approximately 450 ft' of disturbance in the forth of irregular shaped depressions from heavy equipment in Coastal Wetlands located outside the Coastal Shoreline AEC. In addition, there is a total of approximately 302 ftz of irregular shaped ruts located in other wetlands within the Coastal Shoreline AEC. The affected Coastal Wetland areas contain, but are not limited to, the Coastal Wetland species Distichlis spicata, Spartina patens, Scirpus slop., and Juncus roemenanus. The aforementioned activities took place in Coastal Wetlands and Coastal Shoreline that are contiguous with Far Creek. Coastal Wetlands and Coastal Shorelines are Areas of Environmental Concern (AECs) designated by the Coastal Resources Commission, and no permit was issued to you for development in these areas. Therefore, I conclude that you are in violation of the Coastal Area Management Act and the State's Dredge and Fill Law. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. A civil assessment of up to $10,000 may be assessed against any violator. 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946&ww.n f81 1 FAX: 252-948-0478 1 Internet wanastalmanagernentrietl No Carolina Wyrdly An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper Mr. Dean Armstrong 30 April 2008 Page 2 of 2 Investigative costs shall be in addition to any civil penalty assessed. Each day that the development described in this notice is continued or repeated may constitute a separate violation, which is subject to an additional assessment of up to $10,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with N.C.G.S.113A-126. You are also in violation of the State's Dredge and Fill Law, which requires a permit from the N.C. Department of Environment, and Natural Resources, before undertaking any excavation or fillip in any estuarine waters, tidelands,.marshlands, or a state-owned lake. The excavation and filling activities that you have undertaken as a result of mowing in Coastal Wetlands with heavy equipment on the Meekins property was done without a permit from this Division. Therefore, I also request that you immediately CEASE AND DESIST such unauthorized activities violating the requirements of the Dredge and Fill Law. Violations of the State's Dredge and Fill Law may be enforced by a criminal penalty or a civil action for damages or an injunction in accordance with N.C.G.S.113-229. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(g)(4)(E), the policy of the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that assessed against the landowner. Therefore, since this is your 411 Notice of CAMA Violation of the Coastal Resource Commission's Rules, you should expect a civil assessment to be levied against you. It is the policy of the Coastal Resources Commission to assess a minimum civil penalty of $2,000 against all violations of this type. This is done to recoup some of the costs of investigating the violation and/or to compensate the public for any damage,to its natural resources. Whether a higher amount will be assessed will depend on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. 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. If you have any questions about this or related matters, please call me at (252) 948-3936. Pending the submittal of an enforcement report, you will be notified as to the amount of a civil assessment for undertaking development without the proper permits. Sincerely, Kimberly Hedrick Compliance and Enforcement Representative Division of Coastal Management (DCM) cc: M. Ted Tyndall, Assistant Director, DCM Roy Brownlow, Compliance Coordinator, DCM Terry E. Moore, District Manager, DCM Steve Trowell, Field Representative, DCM David Lekson, U.S. Army Corps of Engineers, Washington Field Office AI Hodge, Division of Water Quality (DWQ), Washington Regional Office A DCM ENFORCEMENT TRACKING REPORT ^' Issuer Field Re . L > > LPO C LPJ Violation Description Initial Discovery Date I I I to 0 Discovery Method Violation Description Violation Base No. 0 - P 3 ,¢ i C D w Violated Permit P (if apph b].) Was activity permittable? Respondent Information Prior violations in same AEC: es/ No Case NumberSccr(v(i.)L0I RespondentName(s)I'%DPan Armstrong n (Landowner/Agen ont�ao;.rll, Address �� CityT pJII�_ h State 7Jp Phone# CZ5Z q�-7FX- Q 1A. Fax# 1(nIt- Email Violation Type: Project Type: Authorizations Required: Site Vlsh Respondent Site Visits Respondent tZ No Permit Private/Community Major LAMA Present Present ❑ Permit Condition GovtJPubI Minor D&F ❑ ❑ I-getI4�S ❑ El Expired Permit ❑Commercial ❑General rtw" ❑ Inconsistent w/ Rules Violation Location and Site Description F by 14 Ia n 1 I A Rover File " Project Location: County V e. Shoreline Length } 5 Op , Street Address/ State Road/ Lot #(a) r U us tS Yu No \\_$-AV: i na Vk,Pandbags: 111//PNA: Not Sure Yw ZVIN Subdivisio Y. Adlawra i City Z'P gay ORW: Ys Ad)avx -ar Phone # (_ River Basin 1 Q r - �.a w. i i LO- Crit. Hab. Phows Ye No Q No n 1 11 Adj. Wtr. Body C3 1Bfl.XS T�L! (`Yt.t.L �1 Waiver Required f Closest Maj. Wtr. Body Fdr Gf U,R. (' 9nM ('{3 't'a �Y,,.} In DWQ Buffer Area & No V a r r) It r U SOn i n rl Specify DWQ Buffer if applicable: �{, f- IA^ Restoration NOV Date 30 CNOV Date Penalty Assessment Sent to Respondent Date Rcvd. by Dist. Mgr. Date Assessment Extended Yes No Initial Req. Comp. Date Date Comp. Observed App./Permit Fes Penalty Willful/Intent. Continuing Extension Granted Yes No Restoration Letter Acceptance Date 71.0409 RN. Recomm. Asses. DCM Asses o a5CD 5U $ $ $ f f s 5y is Taal -M 9 TiL.t V 1Vl Formal Assessments, Appeals and Reductions P . + Date Long Form Submitted Date Formal CPA Submitted Final Assessment S Assessment Appealed Yes No ❑ Penalty modified Attorney General's Office for Injunction or Formal Collection Date sent to AG ❑ Respondant not responsive to /NOV enal P ty ❑ Injunction to complete restoration Date Collection Let. Serf Date Demand Let. Sent Violation Activities and Impacts AECs Aft ed: EW Pf'A ES PTS Wetlands Impacted? No If yes, which types: OEA HHF IH SASC C Sy LS TY PWS: FC. SS IF BF 404 Other. Restoration Required by the Respondent Yes / No Development Activities C 1 F ru+s Dimensions In excess of permit/ unauthorized acdvities a, S• Dimensions to restore S. Final dimensions allowed 2 Actually restored COrc�LFf i Habitat De cipdon NOTES: - 6 Dn 5 Closing Payment Received S Gate Date Case Closed C�) (1) Tile Commission hereby delegates to the Director the authority to assess civil penalties according to the procedures set forth in Part (g) of this Rule. �(2) The Director shall issue a notice of assessment within thirty (30) days after the Division determines that restoration of the adversely impacted resources is complete. (3) The notice of assessment shall specify the reason for assessment, how the assessment was calculated, when and where payment shall be made, and shall inform the respondent of the right to appeal the assessment by tiling a petition for a contested case hearing with the Office of Administrative Hearings pursuant to G.S. 150E-23. The notice shall be delivered personally or by registered mail, return receipt requested. (g) Amount of Assessment. (1) Civil penalties shall not exceed the maximum amounts established by G.S. 113A-126(d). (2) If any respondent willfully continues to violate by action or inaction any rule or order of the Commission after the date specified in a notice of violation, each day the violation continues or is repeated shall be considered a separate violation as provided in G.S. 113A-126(d)(2). (3) In determining the amount of the penalty, the Commission or Director shall consider the factors contained in G.S. 113A-126(d)(4). (4) Pursuant to Subparagraph (g)(3) of this Rule, penalties for major development violations, including violations of permit conditions, shall be assessed in accordance with the following criteria. \,:�` il (A) Major development which could have been permitted under the Commission's 0 1 0 rules at the time the notice of violation is issued shall be assessed a penalty equal a to two times the relevant CAMA permit application fee, plus investigative costs. (B) Major development which could not have been permitted under the Commission's' rules at the time the notice of violation is issued shall be assessed an amount equal to the relevant CAMA permit application fee; plus a penalty `( pursuant to Schedule A of this Rule, plus investigative costs. If a violation J1 0. lk affects more than one area of environmental concern (AEC) or coastal resource `OL7� 91�9`' Skr as listed within Schedule A of this Rule, the penalties for each affected AEC �vlL\ shall be combined. Any structure or part of a structure that is constructed in violation of existing Commission rules shall be removed or modified as necessary to bring the structure into compliance with the Commission's rules. %7l/n�yJ �/'iyjJ�p f SCHEDULE A Major Development Violations Size of Violation (sq. ft.) /4/a lr ae. � 0& AfiGA OF ENVIRONMENTAL CONCERN AFFECTED _IOU 'ol- Soo 501- 1,000 IOU'- 3000 3001- 5000 5001- 8000 Soo'- 11,000 11,001- 15,000 15,001- 20,000 20501- 25.000 >25,000 ESTUARINE WA"fL115 On PUBLIC TRUST AREAS (1) $250 $375 $500 $ISOU 4' $2,U11U $3,5UU $5,000 $7,000 $9.000 $10,000 $IO 000 Primary Nursery Arens $100 $225 $750 .$850 $1,350 $2,35U $4,350 $3,000 $I,000 Na n/a Mudtlaa and Shell Bottom $100 $225 $350 $850 $1,350 S2,850 $4,350 $3,000 $I,000 n/a Na Submerged Aquatic Vegetation SIN $225 $350 $850 $1,350 S2,850 $4,350 $3,000 S1,000 Na n/a COASTAL WETLANDS $250 $375 S500 $1,500 $2,000 $3,500 $5,000 $7,000 S9,000 $10,000 $10,000 COASTAL SHORELES IN $250 $350 S450 $850 $1,250 $2,450 $3,650 $5,250 $7,250 $9,250 $10,000 d j Wed ancis (2) $100 0 $300 $70o $1,100 $2,300 $3,500 $4,750 32,750 S750 Na SI tlbRW-Adjacent Areaz $f00 S200 $300 $700 $1,100 $2,300 $3,500 54,750 $2,750 $750 Na OCEAN HAZARD SYSTEM (3)(4) $250 $350 I $450 IS850 $1,250 $2,450 $3,650 $5,250 $7,250 $9,250 $I0,000 Primary or Frontal Dune $I00 $200 S300 S700 $1,100 S2,300 $3,500 $4,750 S2,750 $750 Na PUBLIC WATER SUPPLIES (5) S250 $350 S450 5850 ' $1,250 $2,450 r,650 I $5,250 57,250 S9,250 $10,000 ENATURAL:AND $250 $350 5450$850 $1,250 $2450 $3650 55250 $7250 $9250LTURARE SOURCEEAS (6) (1) tnrin.ia� -- ---- • --•-............., 1...111 air uUwrar LA16LI Waicr acorn w utrec miles Orrsnore. (2) Wetlands that are jurisdictional by the Federal Clean Water Act. (3) If the AEC physically overlaps another AEC, use the greater penaltyschedule. (4) Includes the Ocean Erodible, High Hazard Flood Area, Inlet Hazard Area, and Unvegetated Beach Area. (5) Includes Small Surface Water Supply, Watershed and Public Water Supply Well Fields. (6) Includes Coastal Complex Natural Areas, Coastal Areas Sustaining Remnant Species, Unique Geological Formations, Significant Coastal Archaeological Resources. and Significant Coastal Historical Architectural Resources. qq a J ' (C) Assessments for violations by public agencies (i.e. towns, counties and state agencies) shall be determined in accordance with Parts (g)(4)(A) and (B) of this Rule. (D) Willful and intentional violations. The penalty assessed under Parts (g)(4)(A) and (B) of this Rule shall be doubled for willful and intentional violations except that the doubled penalties assessed under this Subparagraph shall not exceed ten thousand dollars ($10,000.00) or be less than two thousand dollars ($2,000.00) for each separate violation. A violation shall be considered to be willful and intentional when: (i) The person received written instructions from one of the Commission's delegates that a permit would be required for the development and subsequently undertook development without a permit; or (ii) The person received written instructions from one of the Commission's delegates that the proposed development was not permissible under the Commission's rules, or received denial of a permit application for the proposed activity, and subsequently undertook the development without a permit; or (iii) The person committed previous violations of the Commission's rules; or (iv) The person refused or failed to restore a damaged area as ordered by one of the Commission's delegates. If necessary, the Commission or Division shall seek a court order to require restoration. (E) Assessments against contractors. Any contractor or subcontractor or person or group functioning as a contractor shall be subject to a notice of violation and assessment of a civil penalty in accordance with Paragraph (f) of this Rule. Such penalty shall be in addition to that assessed against the landowner. When a penalty is being doubled pursuant to Part (g)(4)(D) and the element of willfulness is present only on the part of the contractor, the landowner shall be assessed the standard penalty and the contractor shall be assessed the doubled penalty. (F) Continuing violations. 0) Pursuant to NC G.S.113A-126(d)(2), each day that the violation continues after the date specified in the notice of violation for the unauthorized activity to cease or restoration to be completed shall be O� QS£ 7 mJ o05 yr�ryt�f� �01,.0� •ruK bvtfL�+rav �aK ,S J" 54�2