Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAbout10-07B SalterNCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
13 July 2010
Mr. Bryan J. Salter
PO Box 147
Sunbury, NC 27979
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act
Committed in Hertford County
CAMA Violation No. 10-07B
Dear Mr. Salter:
This letter will acknowledge receipt of Check No. 457 in the amount of $635.00, and
dated 2 July 2010. 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 conceming this matter, please contact Kim Hedrick,
(252)-948-3936, at the Washington Regional office.
Sincerely,
©oR:9 (Z. %fte—
David W. Moye
District Manager
Division of Coastal Management
Washington Regional Office
Cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance & Enforcement Coordinator, DCM
David W. Moye, District Manager, WARD, DCM
Kim Hedrick, Compliance and Enforcement Representative, WARD, DCM
943 Washington Square Mall, Washington, NC 27889
Phone: 252-946-64811 FAX: 252-948-0478 Internet: www.ncooastalmanagement.net
An Equal Opportunity 1 A16rma6ve Achon Employer
No e hCarolina
Naturally
®� 10-07B
z - zoro NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
28 June 2010
CERTIFIED MAIL 7009-2250-0000.9252-4597
RETURN RECEIPT REQUESTED
Mr. Bryan J. Salter
P.O. Box 147
Sunbury, NC 27979
RE: CAMA VIOLATION #10.07B
Dear Mr. Salter:
This letter is in reference to the Notice of Violation dated 11 February 2010 that Kimberly Hedrick,
Compliance and Enforcement Representative for this Division, issued to you for filling of an undetermined
amount of unconfined, unconsolidated earthen material into the Chowan River as a result of dumping the
material down a steep slope without proper sedimentation and erosion control devices. This occurred on
your property located at 118 Pocahontas Lane (off SR 1450) in Choanoke Shores Subdivision adjacent the
Chowan River near the Town of Harrellsville, in Hertford County, North Carolina. The violation involved
Public Trust Area and Estuarine Waters of the Chowan River, Public Trust Area and Estuarine Waters are
both Areas of Environmental Concern (AECs) as designated by the Coastal Resources Commission.
Based upon my 11 June 2010 site visit, the restoration appears to be complete to the satisfaction of the
Division of Coastal Management.
The Coastal Area Management Act (CAMA) provides that a civil assessment of up to $10,000 may
be assessed for violations of this type. 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.
lc� iCaformlal
Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of
y0t-tom' yis appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of
j� 500 civil penalty by accepting responsibility for the violation and paying the amount proposed above.
der to do this, you must: (1) sign one of the attached copies of an "Agreement to Pay Civil
* St o Assessment;" (2) attach a check or money order for $635 made payable to the North Carolina Department
145 of Environment and Natural Resources (NCDENR); and, (3) return the signed agreement and payment to
jthis office in the enclosed, self-addressed envelope within ten (10) days of your receipt of this letter. Upon
943 Washington Square Mall, Washington, NC 27889 One
Phone: 252-946-64811 FAX: 252-948-0478 Internet: www.noGoastaimanagement.net NorthCarolina
An Equal Opportunity 1 Affirmative Action Empbyw Naturally
�....
�„t. � .
Mr. Bryan J. Salter
28 June 2010
Page 2 of 3
deposit of your check in the Department's account, you will receive correspondence from me officially
closing this enforcement action.
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) 948-3852.
Sincerely,
David W. Moye
District Manager
Division of Coastal Management (DCM)
Enclosure
Cc: M. Ted Tyndall, Assistant Director, Division of Coastal Management (DCM)
Roy Brownlow, Compliance Coordinator, DCM
Kimberly Hedrick, Compliance and Enforcement Representative, DCM
David Lekson, U.S. Army Corps of Engineers, Washington Field Office
Al Hodge, Division of Water Quality (DWQ), Washington Regional Office
Mr. Bryan J. Salter
28 June 2010
Page 3 of 3
CAMA VIOLATION #10.07B
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 $635 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et seg, committed onsite my property located at 118 Pocahontas Lane
(off SR 1450) in Choanoke Shores Subdivision adjacent the Chowan River near the Town of Harrellsville, in
Hertford 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 11 February
2010, and agree to pay the proposed civil assessment of $635.
M:
SIGNATURE
ADDRESS
TELEPHONE NUMBER
10-07B M
-r5
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
15 June 2010
Mr. Bryan J. Salter
P.O. Box 147
Sunbury, NC 27979
RE. RESTORATIONACCEPTANCE - CAMA VIOLATION #10-07B
Dear Mr. Salter:
This letter is in reference to the Notice of Violation dated 11 February 2010
that I issued to you for the filling of an undetermined amount of unconfined,
unconsolidated earthen material into the Chowan River as a result of dumping
the material down a steep slope without proper sedimentation and erosion control
devices. This occurred on your property located at 118 Pocahontas Lane (off SR
1450) in Choancke Shores Subdivision adjacent the Chowan River near the
Town of Harrellsville, in Hertford County, North Carolina. The violation
involved Public Trust Area and Estuarine Waters of the Chowan River. Public
Trust Area and Estuarine Waters are both Areas of Environmental Concern
(AECs) as designated by the Coastal Resources Commission. The unauthorized
filling in the Chowan River constituted development, and this Division requested
that you comply with condition (6) of Minor CAMA Permit No. 007-01 by
immediately installing a silt fence landward of the bulkhead and properly
stabilize the slope.
David Moye, District Manager of this Division, was onsite your property on
11 June 2010 to inspect the status of the restoration requested in Notice of
Violation 10-07B. You have installed a retaining wall at the top of the slope and
properly stabilized and established vegetation on the slope to prevent sediments
from entering the Chowan River. Therefore, the restoration appears to be
complete to the satisfaction of the Division of Coastal Management. Upon my
submission of an enforcement report to Mr. Moye, you will be notified as to the
amount of the civil assessment for undertaking these unauthorized activities
within Areas of Environmental Concern (AECs).
943 Washington Square Mall, Washington, NC 27889
Phone: 252-946-64811 FAX: 252-948-0478 Internet: www.nocoastalmanagement.net
An Equal Opportunity \ Affirmative Adon Employer
NorthCarolina
Naturally
Bryan Salter
15 June 2010
Page 2 of 2
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) 948-3936.
Sincerely,
Kimberly Hedrick
Compliance and Enforcement Representative, DCM
Cc: M. Ted Tyndall, Assistant Director, Division of Coastal Management (DCM)
Roy Brownlow, Compliance Coordinator, DCM
David Moye, District Manager, DCM
David Lekson, U.S. Army Corps of Engineers, Washington Field Office
Al Hodge, Division of Water Quality (DWQ), Washington Regional Office
w
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary
12 April 2010 RECEIVED
Mr. Bryan J. Salter APR 14 2010
P.O. Box 147
Sunbury, INC 27979 Morehead city DCM
Dear Mr. Salter:
This letter references the 11 April 2010 first extension restoration deadline for stabilizing the steep
slope on your property that contains unconsolidated, unconfined earthen fill located at 118 Pocahontas Lane
(off SR 1450) in Choanoke Shores Subdivision adjacent the Chowan River near the Town of Harrellsville, in
Hertford County, North Carolina. Notice of Violation No. 10-07B, dated 10 February 2010, was issued to you
for an undetermined amount of sediment entering the Chowan River.
I was onsite your property on 30 March 2010 and observed the installation of a geo textile grid with
associated grading of the slope and the silt fence located immediately landward of the bulkhead to be in good
condition. Based upon my telephone conversation with you on 30 March 2010, receipt of a restoration
extension request dated 7 April 2010 signed by you, the Restoration Agreement signed by you on 15 February
2010, and your continued effort toward restoration in coordination with this Division, I will extend the
restoration deadline in order to allow you additional time to comply with the requested restoration. The new
restoration deadline will be 11 May 2010. Please note that this is for a 30 day time period from the first
restoration extension deadline of 11 April 2010. The requested restoration must be performed to the
satisfaction of the Division of Coastal Management by the date indicated or provide an explanation for non-
compliance and a reasonable request for a time extension. Please contact me to inspect your restoration
efforts once complete.
Thank you for your time and cooperation in resolving this matter. If you have any questions or
concerns as you continue restoration efforts, please call me at 252-948-3936.
Sincerely, `/
Kimberly Hedrick
Compliance and Enforcement Representative
Division of Coastal Management
Cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
David Moye, Interim District Manager, DCM Washington Regional Office
Kelly Spivey, Field Representative, DCM Washington Regional Office
David Lekson, U.S. Army Corps of Engineers, Washington Regulatory Field Office
Al Hodge, Regional Supervisor, Division of Water Quality, Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
Phone: 252-946-6481 1 FAX: 252-948-04781 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper
W9a AV) P004WOW
W
V 77
Beverly Eaves Perdue
Governor
4.0 83�
U3n13J371
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
James H. Gregson
Director
NOTICE OF VIOLATION
11 February 2010
CERTIFIED MAIL 7009-0080-0000-5655-3426
RETURN RECEIPT REQUESTED
Mr. Bryan J. Salter
P.O. Box 147
Sunbury, NC 27979
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #10-07B
Dear Mr. Salter:
J10-07B
Dee Freeman
Secretary
This letter confirms that on 09 February 2010 Kelly Spivey, Field Representative for the Division of Coastal
Management, and I were onsite your property located at 118 Pocahontas Lane (off SR 1450) in Choanoke Shores
Subdivision adjacent the Chowan River near the Town of Harrellsville, in Hertford County, North Carolina. The
purpose of the inspection was to investigate information recorded by me during a routine Dredge and Fill
surveillance flight on 28 January 2010 and to conduct routine monitoring of authorized development under Minor
Coastal Area Management Act (CAMA) Permit No. 007-01 issued to you on 09 February 2007. This letter also
confirms my telephone conversations with you on 08 February 2010 and 09 February 2010.
Information gathered by me for the Division of Coastal Management indicates that you, as property owner,
have undertaken major development in violation of the Coastal Area Management Act (CAMA) and 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. You have violated the terms
or conditions of Minor CAMA Permit No. 007-01, which was issued to you by Hertford County under the authority of
the Coastal Resources Commission and the North Carolina Department of Environment and Natural Resources on
09 February 2007.
Minor CAMA Permit No. 007-01 was issued to you for the construction of 3 (or 4 as needed) retaining walls
and back fill land to protect your existing house in the Coastal Shoreline Area of Environmental Concern (AEC),
adjacent the Chowan River, on your aforementioned property. This permit was issued for Minor CAMA
Development in an AEC in accordance with North Carolina General Statutes (N.C.G.S.) 113A-118. Condition(6)of
943 Washington Square Mall, Washington, NC 27889
Phone: 252-946-64811 FAX: 252-94M478 Internet: www.n000astalmanagement.net
An Equal opportunity \ Affirmative Action Employer
No e hCarolina
Natura!!rt
Mr. Bryan'J. Salter
11 February 2010
Page 2 of 4
this permit states, "All unconsolidated material resulting from associated grading and landscaping shall be retained
on site by effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier
line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until
such time as the area has been properly stabilized with a vegetative cover."
I have information that indicates you have undertaken, or are legally responsible for, violating the
aforementioned condition of your permit. A new wooden bulkhead was installed two feet watenward of a failing
bulkhead on your property as authorized under State Permit No. 52825-B issued to you on 23 October 2008.
Although the bulkhead prevented much of the fill material from entering the Chowan River, no sedimentation and
erosion control silt fencing was installed to prevent sediments from washing over the top of your bulkhead prior to
your recent back filling activity. Sandy earthen material was dumped down a steep slope behind the bulkhead on
your property on too steep a grade to be stabilized, and has been eroding over the bulkhead from recent rain
events. This activity contributed to the inadvertent discharge of an undetermined amount of sediment into the
Chowan River.
The placement of unconfined, unconsolidated earthen material in the Chowan River waterward of the newly
installed bulkhead would have required a Major CAMA and State Dredge and Fill Permit. This unauthorized
development you have undertaken was done within the Public Trust Area and Estuarine Waters of the Chowan
River: Public Trust Area and Estuarine Waters are both AECs as designated by the Coastal Resources
Commission. Therefore, I conclude that you are in violation of the Coastal Area Management Act.
You are also in violation of the State's Dredge and Fill Law which requires a'permit from the North Carolina
Department of Environment and Natural Resources before undertaking any excavating or filling in any estuarine
waters, tidelands, marshland's, or state'owned.lakes puuant to N.C.G.S. 113-229. Therefore, I also request that
you immediately CEASE AND DESIST such unauthorized activity. Violations of_the State'a Dredge and, Fill Act
maybe enforced by a criminal penalty or'a civil action for damages, or an injunction in accordance with N.C.G.S.
113-229.
If the terms and conditions of a permit are not complied with, the permit is null and void from the date of its
issuance. To. comply with the terms and condition(s) of Minor CAMA'Permit No'. 007-01 issued to you, I am
requesting that you immediately install a silt fence landward'of the'bulkhead. In addition, the'sandy earthen
material must be.removed so that astable slope can be established and maintained. A vegetative ground cover
must'be established through matting and/orsod'by 12 March 2016.
I request that you immediately CEASE, AND' bESIST 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. 11 3A-1 26.
It is the policy of the Coastal Resources Commission'to levya civil assessment not exceed $10,000, plus
investigative costs, against all violations of this type. 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. The amount assessed depends
R
Mr. Bryan J. Salter
11 February 2010
Page 3 of 4
on several factors, including the nature and area of the resources that were affected and the extent of the damage
to them.
Provided you intend to cooperate with the request for restoration, you should sign the attached Restoration
Agreement and return it to me in the enclosed self-addressed envelope. No response from you within 10 days of
the,ieceipt of this letter will be interpreted as,a refusal to cooperate and a court injunction will be sought ordering
restoration.
Thank you for,;your time and cooperation in resolving this important matter. If you have any questions
about this or related matters, please call me at (252)948-3936. Pending satisfactory restoration and the submittal of
an enforcement report to the Interim District Manager, you will be notified as to the amount of a civil assessment for
undertaking development without first obtaining the proper permit(s).
,Sincerely,
Kimberly Hedrick
Compliance and Enforcement Representative
Division of Coastal Management (DCM)
Cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
David W. Moye, Interim District Manager, DCM
Kelly Spivey, Field Representative, DCM
David Lekson, U.S. Army Corps of Engineers, Washington Field Office
All Hodge, Regional Supervisor, Division of Water Quality, Washington Regional Office
ENCLOSURE
Mr. Bryan J. Salter
11 February 2010
Page 4 of 4
RESTORATION AGREEMENT
For
Mr. Bryan J. Salter
CAMA Violatioh No. 10-07-B
Property located at 118 Pocahontas Ln. (off SR 1450) in Choanoke Shores Subdivision adjacent the
Chowan River near the Town of Harrellsville, in Hertford County, North Carolina.
I, Mr. Bryan J. Salter, agree to comply with condition (6) of Minor CAMA Permit No. 007-01. 1 agree to
immediately install a silt fence landward of the bulkhead. In addition, the sandy earthen material must be
removed so that a stable slope can be established and maintained. A,vegetative ground cover must be
established through matting and/or sod by 12 March 2010.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by 12
March 2010. When corrective actions are complete, I will notify the DCM for an inspection.
SIGNATURE:
DATE:
ADDRESS:
TELEPHONE:
It is the policy of the Coastal Resource Commission to levy a civil penalty assessment not to exceed $10,000 against
all violations. If restoration of the affected area is not undertaken or completed satisfactorily, a substantially higher
civil assessment will be levied and an injunction sought to require restoration.
Beverly Eaves Perdue
Governor
EM,,p
•
TI!l�J
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
James H. Gregson
Director
NOTICE OF VIOLATION
10 February 2010
CERTIFIED MAIL 7009-0080.0000.5655.3426
RETURN RECEIPT REQUESTED
Mr. Bryan J. Salter
P.O. Box 147
Sunbury, NC 27979
Natural Resources
RE:NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION#10-078
Dear Mr. Salter:
�1
Dee Freeman
Secretary
This letter confirms that on 09 February 2010 Kelly Spivey, Field Representative for the Division of Coastal
Management, and I were onsite your property located at 118 Pocahontas Lane (off SR 1450) in Choanoke Shores
Subdivision adjacent the Chowan River near the Town of Harrellsville, in Hertford County, North Carolina. The
purpose of the inspection was to investigate information recorded by me during a routine Dredge and Fill
surveillance flight on 28 January 2010 and to conduct routine monitoring of authorized development under Minor
Coastal Area Management Act (CAMA) Permit No. 007-01 issued to you on 09 February 2007. This letter also
confirms my telephone conversations with you on 08 February 2010 and 09 February 2010.
Information gathered by me for the Division of Coastal Management indicates that you, as property owner,
have undertaken major development in violation of the Coastal Area Management Act (CAMA) and 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. You have violated the terms
or conditions of Minor CAMA Permit No. 007-01, which was issued to you by Hertford County under the authority of
the Coastal Resources Commission and the North Carolina Department of Environment and Natural Resources on
09 February 2007.
Minor CAMA Permit No. 007-01 was issued to you for the construction of 3 (or 4 as needed) retaining walls
and back fill land to protect your existing house in the Coastal Shoreline Area of Environmental Concern (AEC),
adjacent the Chowan River, on your aforementioned property. This permit was issued for Minor CAMA
Development in an AEC in accordance with North Carolina General Statutes (N.C.G.S.) 113A-118. Condition (6) of
943 Washington Square Mall, Washington, NC 27889 One
Phone: 252-946.6481 \ FAX: 252-948-0478 Internet: www.nccoastalmanagement.net NorthCarolliina
An Equal Opportunity 1 Afirmabve Adon Employer ' atma!!rf
Mr. Bryan J. Salter
10 February 2010
Page 2 of 4
this permit states, "All unconsolidated material resulting from associated grading and landscaping shall be retained
on site by effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier
line of filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until
such time as the area has been properly stabilized with a vegetative cover."
I have information that indicates you have undertaken, or are legally responsible for, violating the
aforementioned condition of your permit. A new wooden bulkhead was installed two feet waterward of a failing
bulkhead on your property as authorized under State Permit No. 52825-B issued to you on 23 October 2008.
Although the bulkhead prevented much of the fill material from entering the Chowan River, no sedimentation and
erosion control silt fencing was installed to prevent sediments from washing over the top of your bulkhead prior to
your recent back filling activity. Sandy earthen material was dumped down a steep slope behind the bulkhead on
your property, has not been graded or stabilized, and has been eroding over the bulkhead from recent rain events.
This activity contributed to the inadvertent discharge of an undetermined amount of sediment into the Chowan
River.
The placement of unconfined, unconsolidated earthen material in the Chowan River waterward of the newly
installed bulkhead would have required a Major CAMA and State Dredge and Fill Permit. This unauthorized
development you have undertaken was done within the Public Trust Area and Estuarine Waters of the Chowan
River. Public Trust Area and Estuarine Waters are both AECs as designated by the Coastal Resources
Commission. Therefore, I conclude that you are in violation of the Coastal Area Management Act.
You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina
Department of Environment and Natural Resources before undertaking any excavating or filling in any estuarine
waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore, I also request that
you immediately CEASE AND DESIST such unauthorized activity. Violations of the State's Dredge and Fill Act
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.
If the terms and conditions of a permit are not complied with, the permit is null and void from the date of its
issuance. To comply with the terms and condition(s) of Minor CAMA Permit No. 007-01 issued to you, I am
requesting that you retain all unconsolidated material by effective sedimentation and erosion control measures, i.e.
silt fence, in conjunction with properly stabilizing uplands with a vegetative cover once sloping and grading is
complete.
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. 11 3A-126.
It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed $10,000, plus
investigative costs, against all violations of this type. 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. The amount assessed depends
Mr. Bryan J. Salter
10 February 2010
Page 3 of 4
on several factors, including the nature and area of the resources that were affected and the extent of the damage
to them.
Provided you intend to cooperate with the request for restoration, you should sign the attached Restoration
Agreement and return it to me in the enclosed self-addressed envelope. No response from you within 10 days of
the receipt of this letter will be interpreted as'a refusal to cooperate and a court injunction will be sought ordering
restoration.
Thank you for.your time and cooperation in resolving this important matter. If you have any questions
about this or related matters, please call me at (252)948-3936. Pending satisfactory restoration and the submittal of
an enforcement report to the Interim District Manager, you will be. notified as to the amount of a civil assessment for
undertaking development without first obtaining the proper permit(s).
Sincerely,
Kimberly Hedrick .
Compliance and Enforcement Representative
Division of Coastal Management (DCM)
Cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
David W. Moye, Interim District Manager, DCM
Mike Thomas, Field Representative, DCM
David Lekson, U.S. Army Corps of Engineers, Washington Field Office
AI Hodge, Regional Supervisor, Division of Water Quality, Washington Regional Office
Igl;[N�il,�ll;�q
Mr. Bryan J. Salter
10 February 2010
Page 4 of 4
RESTORATION AGREEMENT
For
Mr. Bryan J. Salter
CAMA Violation No. 10-07-B .
Property located at 118 Pocahontas Ln. (off SR 1450) in Choanoke Shores Subdivision adjacent the
Chowan River near the Town of Harrellsville, in Hertford County, North Carolina.
I, Mr. Bryan J. Salter, agree to comply with condition ( of Minor CAMA Permit No. 007-01. 1 agree to ret
ain all
unconsolidated material by effective sedimentation and erosion control measures, i.e. silt fence, in conjunction with
properly stabilizing uplands with a vegetative cover. I further agree to properly maintain the sedimentation and
erosion control device, such as silt fence, until the slope is stabilized with vegetation.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by 12
March 2010. When corrective actions are'complete; I.will notify the DCM for an inspection.
1.
SIGNATURE:
DATE:
ADDRESS:
TELEPHONE:
It is the policy of the Coastal Resource Commission to levy a civil penalty assessment not to exceed $10,000 against
all violations. If restoration of the affected area is not undertaken or completed satisfactorily, a substantially higher
civil assessment will be levied and an injunction sought to require restoration.