91-35D Clark

RCM ENFORCEMENT REPORT
(Use for Waivers)
CASE #: 91-35D PERMIT #: N/A CONSULTANT: Barrett
NAME: Jane 8 Gertrud - ADDRESS: 706 Olive Street
CITY: Waco STATE: Texas ZIP: 76604 PHONE: [phone]
COUNTY: Fender NEAREST WATER BODY: Virginia Creek ST PLANE %: 2432050
LPO: Tommy Garriss LOCALITY: Burgaw ST PLANE Y: 252800
(Nearest Town/City)
VIO DESC: Allowed fill. appliances and debris to be placed in marsh adjacent to
Property at end of McClemmy Road in Fender County.
NOV SENT: �� 91 VIOLATION: MAJOR: % MINOR:
_ PERM
COND: _
CANA: _
DBF: _
RESTORE: Yes
REQUESTED:
09 / 20 /
91
COMPLETED:
1_
O5 / 91
TES/NO
ESTUARY: _ PUB TRUST: _
SHORELINE: _
OCEAN HAZARD: _ OTHER: _ PRI MURS: _
ORW:
WETLANDS: Y SA: _Y
D S : _)�_
C J : 14
SY: d
JR: N_
L S :
T Y :
(Yes/No) SS: Al
SC: _DL
SP: --
IF: _bl_
BF:
WS:
MF:
TYPE EXCAVATE FILLED
RESTORE
OTHER TYPE
ENCAYATE
FILLED
RESTORE
OTHER
(AEC) (SO.FT.) (SO.FT.)
(SO.FT.)
(SO.FT.) I (AEC)
(SO.FT.)
(SO. FT.)
(SO.FT.)
(SQ.FT.)
CW 120
_
♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ASSESSMENT i DISPOSITION
RECOMMENDED ASSMT: S 350.00 REFERENCES: 7J.0409(f)(B)(i) CRITERIA: 2_6/�91
REPORT RCVD: t -/ -ASSESSED: $2k� o TO OGC: 6 UTO VIOLATOR:
ac nS `J
PAYMENT RECEIVED: $ J�J ON: A CASE CLOSED: -vj Q�
# OF VIOLATORS: / TOTAL ASSESSMENT: $ 3 f TOTAL_\ RECEIVED:
FORM: 24
,0/,/90 obeR�.c� 5
Qom,•. � eR;��1,�e 6' �'/� R�

State of North Carolina
LACY H. THORNBURG Department of Justice
ATTOMEYGENER L P.O. BOX 629
RALEIGH
27602-0629
June 24, 1992
Jane Clark
706 Olive Street
Waco, Texas 76604
RE: Payment of Proposed Penalty for Violations of the
Coastal Area Management Act, Committed in Pender
County, CAMA 91-35D
Dear Ms. Clark:
This letter will acknowledge receipt of your check and money
orders in the amount of $355.00, and dated June 17, 1992. Once
the amount of the check is credited to the Department of
Environment, Health, and Natural Resources' account, this matter
will be fully and completely closed.
If you have any further questions concerning this matter,
please contact me.
Sincerely,
LACY H. THORNBURG
Attorney General
�at�j L-(. /��
David G. Heeter
Associate Attorney General
DGH/sd
cc: Roger Schecter
Preston Pate
James Herstine
An Equal Opportunity/Affirmative Action Employer

WILMINGTON REGIONAL OFFICE
DIVISION OF COASTAL MA^iAGEMENT �� JUN 1 7 1992
395-3900
To: Dave Heeter, Attorney Generals Office
From: James H. Herstine, District Manager I
Subject: Collection of Civil Assessment I
Date: June 15, 1992
Attached for your review are the forms and materials generated
in collecting a $350.00 civil assessment against Jane Clark - Case
# 91-35D.
Please let me know if you have any questions or comments.
Thank you.
JHH/trw
cc: Preston Pate

O'd

MAR 11 1992
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FJAN 7117�32 41992
State of North Carolina
Department of Environment, Health, and Natural esources
Division of Coastal Management
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
January 21, 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Jane Clark
706 Cline Street
Waco, Texas 76604
RE: CAMA Violation #91-35D
Dear Ms. Clark:
This letter is in reference to the Notice of Violation sent to you
on September 20, 1991, for the unauthorized placement of fill material
in coastal wetlands, at your property located at the end of McClammy
Road, McClammy Acres, off Secondary Road 1560, adjacent to Virginia
Creek, Pender County. The violation involved Coastal Wetlands, which
are Areas of Environmental Concern designated by the Coastal Resources
Commission. All restoration requested by the Division of Coastal
Management has been completed.
A recent North Carolina Supreme Court decision has upheld the
authority of State agencies to assess civil penalties. The Coastal
Area Management Act provides that a civil assessment of up to $2500.00
may be assessed for 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 costs of investigating violations
and/or to compensate the public for any damage to its natural
resources.
Under Coastal Resource Commission rules, a civil penalty in the
amount of $350.00 is appropriate for this violation. In order to
expeditiously resolve the matter, you may accept responsibility for the
violation, waive your right to an administrative hearing, and pay the
amount proposed above. I am enclosing two (2) copies of a "Waiver of
Right to Administrative Hearing and Agreement to Pay Civil Assessment".
If you understand the proposed assessment and wish to pay, you should:
1) sign one of the attached waivers; 2) include a check or money order
for $350.00 made payable to the North Carolina Department of
Environment, Health and Natural Resources (DEHNR); 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.
127 Catdinal Drive Extension • Wilmington, North Carolina 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Ms. Jane Clark
January 21, 1992
Page two
I will forward a copy of the Waiver with your check or money order to
the Department's Office of General Council which will in turn notify
you of your compliance and the closure of this enforcement action. If
you do not respond within ten (10) days of receipt of this notice, I
will issue a civil penalty assessment which you may appeal by filing a
petition for a hearing with the Office of Administrative Hearing.
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
Wilmington office, 919/395-3900.
Sincerely,
ames H. Herstine
District Manager
JHH/tlh
Enclosures
cc: Preston P. Pate, Jr.
Tere Barrett, Field Representative
Wayne Wright, COE

WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment, Health
and Natural Resources will propose the assessment of a civil penalty in
the amount of $350.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sea, committed on or near my property
in Pender County, North Carolina. I also understand that I have a
right under
G.S. 113A-126(d)(3) and
150B-23 to a
quasi-judicial
administrative
hearing on the alleged
violation and
proposed civil
penalty.
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 September 20, 1991, voluntarily
waive my legal right to an administrative hearing, and agree to pay the
civil assessment of $350.00. I understand that in doing so, I also
hereby foreclose any right of appeal to the Superior Court of North
Carolina.
DATE
ADDRESS
TELEPHONE NUMBER

6-1a ill-,■M�_
---__------------------
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
September 20, 1991
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jane Clark
Gertrude M. Clark
706 Olive Street
Waco, Texas 76604
Re: Notice of Violation(s) and Request to Cease
Unauthorized Development
CAMA Violation # 91-35D
Dear Ms. Clark:
Information gathered by the Division of Coastal Management shows
that you have undertaken Major Development in violation of the Coastal
Area Management Act.
No person may undertake Major Development in a designated Area of
Environmental Concern without first obtaining a permit from the North
Carolina Coastal Resources Commission. North Carolina General Statutes
(hereinafter abbreviated NCGS) 113A-118. I have information that you
have undertaken Major Development by dumping or allowing to be dumped
debris, appliances, etc, in the coastal marsh adjacent to your property
located adjacent to Virginia Creek, at the dead end of McClammy Road in
McClammy Acres, off Secondary Road 1560 in Pender County. This
development is being undertaken within Coastal Wetlands, designated
Area of Environmental Concern, (specifically Distichlis sDicata,
SSpartina patens, and Soartina alterniflora) and no permit has been
issued for it. Therefore, I have concluded that you are in violation
of the permit requirement of the Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further
development and contact me about this matter. Since the development
you have undertaken is not consistent with the applicable standards,
you will be required to restore the area to its former condition. A
civil assessment of up to $2500.00 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 $2500.00. An injunction or
criminal penalty may also be sought to enforce any violation. NCGS
113A-126.
127 Cardinal Drive Extension • Wilmington, North Carolina 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

It is the policy of the Coastal Resources Commission to assess a
minimum civil penalty of Three Hundred Fifty Dollars ($350.00) against
all violations. 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 which were affected and the extent of the damage to
them. If restoration of the affected resources is requested but is not
undertaken or completed satisfactorily, a substantially higher civil
penalty will be assessed and a court injunction will be sought ordering
restoration.
You are also in violation of the State's Dredge and Fill Act which
requires a permit from the North Carolina Department of Environment,
Health and Natural Resources before undertaking any excavating or
filling in any estuarine waters, tidelands, marshlands, or state-owned
lake. NCGS 113-229. The activity that you have undertaken in
conjunction with the above described Major Development is also being
undertaken without a permit from this Department. Therefore, I also
request that you immediately CEASE AND DESIST such unauthorized
activity and contact me about this matter as well. 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. NCGS 113-229.
The enclosed Restoration Plan describes the action necessary to
bring this project into compliance with the Act. Provided you intend
to cooperate with my request to remove all fill and debris, please sign
one of the attached Restoration Plans and return it to me in the
enclosed, self-addressed envelope. No response from you within ten
(10) days of receipt of this letter will be interpreted as a refusal to
cooperate and result in a Notice of continuing violation and a court
order will be sought ordering restoration.
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 immediate future to determine whether this REQUEST TO CEASE
AND DESIST has been complied with. Once again, I request that
you contact me immediately about these matters.
Since6al5e;t
y,
Tere
Coastal Field Representative
TB/tlh
Enclosures
cc: Preston P. Pate, Jr.
Jim Herstine
Jeff Richter, COE

I
RESTORATION PLAN
GERTRODE M. CLARK AND JANE CLARK
PROPERTY LOCATED AT THE END OF MCCLAMMY ROAD, PENDER COUNTY
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Remove all appliances, fill and debris. I agree to complete this
restoration by October 15, 1991.
Gertrude M. Clark
Jane Clark
DATE: . 1991