15-03B Harris

MW
AMR 15-03
BEE R
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Poi McCrory Governor Donald R, van der Vaart
Secretary
19 May 2015
CERTIFIED MAIL 7010-0290-0001-5628-7284
RETURN RECEIPT REQUESTED
Drainage District #5 Roper
C/O Mike Harris
534 North Slope Road
Roper, North Carolina 27860
RE: STOP WORK ORDER AND NOTICE OF FAILURE TO APPLY FOR CAMA
PERMIT
CASE # 15-03
Dear Mr. Harris:
This letter confirms that on 18 May 2015 I was onsite property owned by Mildred C.
Swain Trust for which you historically and currently have an access easement adjacent to Main
Canal located off Plume Street off SR 1122 in Washington County near Roper, North Carolina.
The purpose of the visit was to investigate unauthorized maintenance excavation. This letter also
confirms my contact to you by phone.
Information gathered by me for the Division of Coastal Management indicates that you
are undertaking major development in violation of the Coastal Area Management Act (LAMA)
(North Carolina General Statute (N.C.G.S.) 113A-100). No person may undertake major
development in a designated Area of Environmental Concern (AEC) without first obtaining a
permit 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 are undertaking, or are legally responsible for, major
development by excavating bottom material from Main Canal and placing it in the CAMA
Coastal Shoreline AEC (upland). This activity is taking place in the Public trust Area and Public
Trust Shoreline Areas of Environmental Concern (AEC) that are contiguous with the Main
943 Washington Square Mall, Washington, NO 27889
Phone: [phone] FAX:[phone] Internet: www.nccoastalmanagement.net
' An Equal Oppodonity\Affirmative Action Employer —Made in part by recycled paper
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Drainage District 45 Roper
C/O Mike Hams
19 May 2015
Page 2 of 2
Canal. Public trust Area and Public Trust Area are designated as Area(s) of Environmental
Concern by the Coastal Resource Commission.
You are hereby requested to STOP WORK IMMEDIATELY and contact me at this
office at [phone] within 10 days of receipt of this letter to initiate the CAMA General
Permit process. NO WORK MAY PROCEED UNTIL THE PERMIT IS ISSUED. If you
comply voluntarily, no further action will be necessary beyond the issuance of a permit.
Failure to contact this office and obtain the necessary permit or continuation of 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 113A-126.
In this case, as long as you obtain the necessary CAMA, 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 7J, 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. I request that you
contact me immediately [phone].
Sincerely,
Kevin Hart
Coastal Management Representative
Cc: Kelly Spivey — Interim District Manager, Washington Regional Office, DCM
Roy Brownlow — Compliance and Enforcement Coordinator, Morehead City, DCM
Josh Pelletier — US Army .Corps of Engineers, Washington Regulatory Field Office
Tier 1

M ENFORCEMENT TRACKING REPORT
Rep. K- Ala NaRr Iss�r W-0 3
1 Violation Case No.
Aanee Rep. Kf` W(Y�l p
Permit No.
El
(If applicable)
violation UescnpBon Was activity permittable es No
Initial Discovery Date g; Mot Discovery Method ._;1 E)1%E
Violation Description 40 AW.f )hki hmoW foe /Y I&)7'LJAAE Fk FIAnmd.
esponderit In ormatiEn Prior CAMA cr DIF Volations: Yes / No Prior Case No:
f:
RespondentName(s) 1
IIKE NAM JNZAI,d
IS DISIMN(T #5�
(Landowner/AgenYContractor)
Address .S3Lf 40
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City : &V�LX9.-
State W.
zip aZ, 947n .
Phone#_st^�`i-ZD-?93-yg
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QFax#/Email-.2Ss-..993-S�Iy7
.
Corporate Name & Registered agent
Violation Type:
Project Type:
Authorizations Required: Site Visits Respondent Site Visits Respondent
No Permit
private/Community
major CAMA Present
AIP�L
Present
. Permit Condition
Govt./Public
Minor D&F�
0' Expired Permit
8.; Commercial
General AAY Io
LLF
;IL-J��
n., Inconsistent w/ Rules
Tier Level: II
III `j1.1 MAY LdIS�
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Violation Location and Site Description
Project Location: County �ASN1dG777a
Street Address/ State Road/ Lot #(a) REiWEE11 S&JAMI: S *r
:Arib .aEli ")D,..: R>03. of . s(t 4Z (AG.;,Ft151,21) 1
city.goPE2 zIP,.274 0.
Phone#( `).. .River Basin •FA5Q00TAdK
Adj. Wtr. Body M9 I l CAniAL (net an)funkn)
Closest Maj. Wtr. Body ALVEMARWE .56wjP
Lat/Long _
Shoreline Length st Z,60 F-r
SAV:
Not Sure Yea
co
Sandbags:
Not Stag. Yes
0., •,
PNA:
Yea
No Aejacent
'ORWi•�
.. ... Yes-
N-•,AdJAcsnt
..Grit. Hab.,..1
.Y,esP
No',..... .`,•. •.
Photos es No
Waiver Required Yes N
In DWQ Buffer Area vaa No
Specify DWQ Buffer if applicable:
Restoration
NOV Dale
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist Mgr. Date
Assessment Extended Yes No
Extension Granted Yes No
Initial Req. Comp. Date
Restoration Letter
Date Comp. Observed Acceptance Date
7J.0409 Ref. •
Recomm. Assess.
DCM Assess.
S
$
$
is
$
Total