14-04B Sadler

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
4 May 2014
Mr. Barry Sadler
C/o Mr. Leamon Allen
475 Indian Run Road
Pantego, NC 27860
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act
Committed in Beaufort County
CAMA Violation No. 14-04B
Dear Mr. Allen:
This letter will acknowledge receipt of Check No. 22283 in the amount of $554.00, and
dated 26 April 2014. Once the amount of the check is credited to the Department of Environment
and Natural Resources account, this matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact me, (252)-948-
3852, at the Washington Regional office.
Sincerely,
for David W. Moye
District Manager
Division of Coastal Management
Washington Regional Office
Cc Roy Brownlow, Compliance & Enforcement Coordinator, DCM
Steve Trowell, Coastal Management Representative, WARD, DCM
Mr. Barry Sadler — 450 Indian Run Road, Pantego NC 27860
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] \ FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal opportunity \Affix ative Action Employer
NorthCarolina
Naturally(

r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management,,,
Pat McCrory Braxton C. Davis
Governor Director
NOTICE OF VIOLATION
3 March 2014
CERTIFIED MAIL 7010-0290-0001-5628-7369
RETURN RECEIPT REQUESTED
Mr. Barry Sadler
C/O Mr. Leamon Allen
475 Indian Run Road
Pantego, North Carolina 27860
Dear Mr. Allen:
14-04B
John E. Skvarla, III
Secretary
This letter confirms that on 26 February 2014, Raleigh Bland with the US Army Corps of Engineers (US
ACOE) and I met you, and Mr. Wade Allen onsite property owned by Mr. Barry Sadler located off HWY 99,
4.5 miles north of Pantego adjacent Indian Run, a tributary of the Pungo River, in Beaufort County, North
Carolina. The purpose of this meeting was to follow up on my initial inspection of the aforementioned property
on 11 February 2014. This letter also confirms our numerous phone conversations regarding ownership of the
property and unauthorized development subject of my onsite inspections. This letter confirms that on 4 April
2011 an Interagency Scoping Meeting was held in the Washington Area Regional Office of the Department of
Environment and Natural Resources (DENR) to provide regulatory permit guidance and direction to you for
maintenance excavation of Indian Run.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken
major development in violation of the Coastal Area Management AcT(CAMA). 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 N. C. General
Statute (herein abbreviated N. C. G. S.) 113A-118. Information I have indicates that you have undertaken, or
are legally responsible for the unauthorized maintenance excavation of an area 15' wide by f3,169' long in a
channelized stream, Indian Run, a tributary to the Pungo River, depositing the resultant spoil on the back slope
of the existing 30' wide spoil bank which caused the spoil to roll down the slope filling ±15, 845 ftz of Section
404 wooded wetland as delineated by Raleigh Bland of the USACOE, Q,property owned by Mr. Barry Sadler.
This unauthorized maintenance excavation and spoil deposition,occurred within the Public Trust Area
and Public Trust Shoreline of Indian Run. Public Trust Area and Public Trust Shorelines are designated Areas
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX:[phone] Internet: www.ncooastalmanagement.net
An Equal Opportunity 1 Affrmafive Action Employer

9a
F
Mr. Barry Sadler
C/O Mr. Leamon Allen
3 March 2014
Page 2 of 2
of Environmental Concern (AECs) 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
I request that you immediately CEASE AND DESIST any further, unauthorized activities within
designated Areas of Environmental Concern. If the development that you have undertaken is not consistent
with applicable standards, as in this case, you will be required to restore all affected areas to their former
conditions. A civil assessment of up to $10,000 may be assessed against any violator. 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,u,,p� to $10,000. An injunction or criminal penalty may also be sought to
enforce any violation. N.C.G.S. 113A-T26
It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed $10,000
against all violations. This is done to recoup some of the costs 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 area of the resources that were affected and the extent of the damage to
them. 1,
Although the affected area subject to this Notice of Violation is within designated Areas of
Environmental Concern subject to the regulatory authority of this Division, the affected wetland is a 404
wooded wetland subject to the regulatory authority of the USACOE. Provided you comply with the request of
the USACOE to remove the spoil from the wooded wetlands onto the adjacent highground spoil bank there will
be no additional restoration request from this Division.
Thank you for your time and cooperation in resolving this matter. If you have any questions about this
or related matters, please call me at (2-52) 948-3854. 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,
Steven J. Trowell
Coastal Management Representative
Cc: David W. Moye - District Manager, Washington Regional Office, DCM
Roy Brownlow - Enforcement Coordinator, DCM
Raleigh Bland - U.S. Army Corps of Engineers, Washington Regulatory Field Office
David May - Regional Supervi§or, Division of Water Quality, Washington Regional Office
Mr. Barry Sadler
•Yr

NC®ENR
North Carolina Department of Environment and 'Natural Resources
Division of Coastal Management
Pat McCrory John E. Skvarla, III
Governor Secretary
31 March 2014
Q.
CERTIFIED MAIL 7010-0290-0001-5628-7178
RETURN RECEIPT REQUESTED
Mr. Barry Sadler
C/O Mr. Leamon Allen
475 Indian Run Road
Pantego, North Carolina 27860 µ
Dear Mr. Allen:
This letter is in reference to the Notice of Violation that Steve Trowell, representative for the Division of
Coastal Management, issued to you on 3 March 2014 for unauthorized development in violation of the Coastal
Area Management Act (CAMA). The violation occurred onsite property owned by Mr. Barry Sadler located off
HWY 99, 4.5 miles north of Pantego adjacent Indian Run, a tributary of the Pungo River, in Beaufort County,
North Carolina. The violation resulted from the unauthorized maintenance excavation of an area 15' wide by
f3,169' long in a channelized stream, Indian Run, a tributary to the Pungo River, depositing the resultant spoil
on the back slope of the existing 30' wide spoil bank which caused the spoil to roll down the slope filling
±15,845 ftz of Section 404 wooded wetland as delineated by Raleigh Bland of the USACOE, on property owned
by Mr. Barry Sadler. This unauthorized maintenance excavation and spoil deposition occurred within the
Public Trust Area and Public Trust Shoreline of Indian Run. Public Trust Area and Public Trust Shorelines are
designated Areas of Environmental Concern (AECs) and no permit was issued to you for development in these
areas. Therefore, I conclude that you are in violation of the Coastal Are,, Management Act
The Coastal Area Management Act provides that a civil assessment of up to $10,000 may be assessed
against any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all
violations. This is done to recover some of the cost of investigating violations and/or to compensate the public
for any damage to its natural resources.
Under Coastal Resources Commission rules, a proposed civil penalty in the amount of $554 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, waiving your right to an administrative hearing, and
paying the amount proposed above. In order to do this, you must: (1') sign one of the attached copies of a
"Waiver of Right to an Administrative Hearing and Agreement to Pay Civil Assessment", (2) attach a check or
money order for $554 made payable to the North Carolina Department of Environment and Natural Resources
943 Washington Square Mall, Washington, NC 27889 ca
Phone: [phone] FAX:[phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity l Affirmative Action Employer

Mr. Barry Sadler
C/O Mr. Leamon Allen
31 March 2014
Page 2 of 2
(NC DENR); and (3) return the signed waiver and payment to this office in the enclosed, self-addressed
envelope within ten (10) days of receipt of this letter. Upon receipt of your check I will deposit it in the
Department's account and issue you a,Notice of Compliance officially closing this enforcement action. If you
do not send a signed waiver and payment to this office within ten (10) days, the Director, 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 matter. If you have any questions, please do
not hesitate to contact me at my Washington Office, [phone].
Sincerely,
David W. Moye
District Manager
Division of Coastal Management
Washington Regional Office
ENCLOSURE
Cc: Steve Trowell - Coastal Management Representative, Washington Regional Office, DCM
Roy Brownlow - Enforcement Coordinator, Division of Coastal Management
Raleigh Bland - US Army Coins of Engineers, Washington Regulatory Field Office
David May - Regional Supervisor, Division of Water Resources, Washington Regional Office
Mr. Barry Sadler - 450 Indian Run Road, Pantego, NC 27860
OR,
.0

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DCM ENFORCEMENT TRACKING REPORT
1��) f dk — Y Issugr / 4' 0 g 13
Rep. S/LVL �Q � Violation Case No.
Rep.
07
Permit
LPJ (if applicable)
Violation Description Was activity
� y permittablp? Yes / No
Initial Discovery Date
Violation Description
Respondent Name(s)
Address a;
Oiscov�Method �
Prior CAMAor D/F Violations: Yes I
'gore ase No. /
0 State At — Zip 2Z[�o
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
DQ
No Permit
Private/Community
� Major
I]& CAMA
Present
Present
❑
Permit Condition
❑ Govt./Public
❑ Minor
❑ D&F
It / ❑
❑
❑
Expired Permit
❑ Commercial
❑ General.
gK�'—S'a
El❑
Inconsistentw/ Rules
Tier Level: I ID
III
❑
❑
Violation Location and Site Description/
Project Location: County
// I
—
Lat/Long _
Shoreline Length
Street Address/ Gfate Road/
t #(a) qiR
SAV: Not sure Yes
•� •iLS9
Sandbags. Not Sure Yes
Subdivision--y---.w
PNA: Yes Adjacent
City"�'nL�
/�[ 7
ZIP fq/(�
Ti f (a
ORW: Yes (�i� Adjacent
Cnt. Hab. Yes
Phone # ( _)
River Basin !'
Photos � No
Adj. Wtr. Body _�/�/j,rlp�
\\r
�V�(Tn an /unkn)
Waiver Required YesQdpi
Closest Maj. Wtr. Body
�T
In DWQ Buffer Area p
—���V
Specify DWQ Buffer if applicable: / f�
RCSLV t dpon
NOV Date J( .2
Initial Req. Comp. Date
CNOV Date
Date Comp. Observed
Penalty Assessment /
J 1 /31 `"J App./Permit Fee
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Penalty
Assessment Exten"DCLU 31(l
o WilffuUlntent.
Continuing
0 Xdw
Investigative
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref
Recomm. Assess.
DCM Assess.
$
]J '
$ -_.
s
Total
`5�!

a
=ormal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed. Yes No
Date Formal CPA Submitted Penalty modified
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG 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? es No If yes, which types:
OE EW tPTy/ ES
OEA HHF 1F� UBA 1GTA SA DS CJ SY JR L�„� TY
PWS: FC: SS SC SP IF BF 4
Other:
Restoration Required by the Respondent es o
v v Guff
Payment Received $ Date Date Case Closed
DCM1MCrM