05-06B Slade

DCM�E/NFORCEMENT TRACK!NG REPORT
4V-.
Issuer
Field Rep.
Vic x:'o . B: <� No.
LPOViolated Permit No.
LPJ (aapgcsde)
Violation Descriptio`�� Was activity p�rmit�te? en/ No
Initial Discovery Date Discovery Method
Violation Desch' ' n
4e,24r
Respondent Information ior violations inme E
Respondent Name(s) L��G S f/�— GTT�
Address City
Phone # % — S3 6 Fax #
Email
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Waits Respondent
No Permit
Private/Community
ElMajor ,2 CAMA
agent
Present
,21
Permit Condition
❑ GovtlPublic
Minor ❑ D&F
10
_i Expired Permit
❑ Commercial
LJ General
- Inconsistent wl Rules
Li
Violation Location and Site Description
Project Location: County
Street Address/ State Roa
Phone # (_) River Basin
Adj. Wtr. Body ��"
Closest Maj. Wtr. Body(/n jr
Rover File
Shoreline Length /a7
SAM Not Sure Yes 2ND
Sandbags: Not Sure Yes
PNA: Yes ORW: Yes Crit. Hat. Yes
Photos Yes
Waiver Required Yes vi
In DWQ Buffer Area ( No
Specify DWQ Buffer if applicable: Jii
Resto
ration D xf' l
NOV Date Initial Req. Comp. Date Extension Granted Yes No
Restoration Letter
CNOV Date Date Comp. Observed Acceptance Date
Penalty Assessment
Sent to Respondent Date
Rod by DCM Date —
Assessment Extended Yes
App./Permit Fee
Penalty
No - Willful/intent.
Continuing
i Other
7J.0409 Ref.
Recomm. Assess. I DCM Assess.
j$
�$
s.
IS
i$ I
i$
S
$
$
Total 1
i

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment 5-
Attorney General's Office for Injunction or Formal Collection
Assessment Appealed Yes
penalty modified
No
Date sent to AG r-i Respondant no; responsive to penalty/NOV Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes / No If yes, which types:
CW EW PTA ES PTS
OEA - HHF IH SA DS Cl SY • 1R LS TY
PWS: FC:
SS Sc SP IF BF 404
Other:
Restoration Required by the Respondent Yes / No
Development Activities
Dimensions in excess IDimensions [o restore Final dimensions
of permit/ unauthorized activities, allowed Actually restored j
I
I i
Habitat Description
I I I
Closing
Payment Received 5 date Date Case Closed
Initial Dbase &
l" Inseout & RB:

�a�cam[4tn
North Carolina Department of Environment and Natural Resources 05-06B
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
10 February 2005
CERTIFIED MAIL 7003 3110 0002 0603 3393
RETURN RECEIPT REQUESTED
Mr. Eric Slade
Slade Landscaping, Inc.
130 Dewey's Lane
Bath, North Carolina 27808
RE: NOTICE OF VIOLATION
Dear Mr. Slade:
This letter confirms that on 8 February 2005, Mike Thomas Coastal Management
Representative in the Washington Regional Office, and I, met you on site Mr. Howard Comstock's
property located off SR 1710, at 214 Dowry Creels East, adjacent the Pungo River, near Belhaven, in
Beaufort County, North Carolina. The purpose of our visit was to investigate the possibility of
development in an Area of Environmental Concern (AEC) without proper authorization. Our visit
verified that you had installed a subsurface drainage system and filled an area 88' x 75' with topsoil
in an effort to improve drainage of Mr. Comstock's lot. No Minor Development Permit had been
issued for this development activity.
No person may undertake activity constituting minor development within a designated AEC
without first obtaining a Minor Development Permit from the North Carolina Department of
Environment and Natural Resources or a Local Government with an approved Coastal Area
Management Implementation and Enforcement Program. This requirement is imposed by North
Carolina General Statutes (NCGS) 113A-118. It is my judgment as a CAMA Local Permit Officer
with permitting authority over this project Area, that this project is effectively completed with the
exception of reestablishment of a permanent ground cover in the disturbed areas for which the
property owner has committed to placing Bermuda sod. Since after -the -fact permits may not be
issued, I am initiating enforcement action by issuing.this Notice of Violation.
I request that you IMMEDIATELY CEASE AND DESIST any further unauthorized
development activities within designated AECs on this property. If the development completed to
date is not consistent with the applicable standards, you may be required to restore the land to its
former condition and/ or bring all aspects of the project into compliance. A civil assessment of up to
Two Hundred and Fifty Dollars ($250.00) may be assessed against any violator. Each day that the
development activity described in this Notice is continued or repeated may constitute a separate
violation which is subject to an additional assessment of up to $250.00. An injunction or criminal
penalty may also be sought to enforce any violation (NCGS 113A-126).
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] % FAX: [phone] % Internet: www.nccoestalmanagementnet/
NOne
�nCarolina
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Mr. Eric Slade
Slade Landscaping, Inc.
10 February 2005
Page Two
It is the policy of the Coastal Resource Commission to levy a minimum civil assessment of
Fifty Dollars ($50.00) against all violators of CAMA Minor Development Permit Requirements.
This is done to recoup some of the cost of investigating violations and/ or to compensate the public
for any damage to its natural resources. Whether a higher amount will be assessed depends on
several factors, including the nature and amount of resources affected, the extent of the damage to
the resources, and whether full cooperation is forthcoming in bringing the project into compliance.
Based upon N. C. Administrative Code, 7H. State Guidelines for Areas of Environmental
Concern, the installation of the subsurface drainage system and the filling and grading work that you
have undertaken is consistent with 7H.0209, Estuarine Shorelines. Therefore, I am not requesting
any restoration and or modification to the project.
As a contractor, if you continue to violate the Coastal Area Management Act, you should
consider yourself forewarned and expect a civil assessment to be levied against you consistent with
the NC Administrative Code, Subchapter 7J.0409(f)(F)(ii), adopted by the Coastal Resources
Commission on 23 March 1995.
Thank you for your cooperation in resolving this important matter. If you have any questions,
please do not hesitate to contact me at [phone].
Sincerely,
Steve J. Trowell
Coastal Management Representative
c: toy Brownlow — Enforcement Coordinator, DCM
Terry E. Moore- District Manager, Washington Office, DCM
Kelly Spivey — Minor Permit Coordinator, Washington office, DCM