91-41D Clifton

DCM ENFORCEMENT REPORT C
CASE #: 91-41D PERMIT #: N/A CONSULTANT: Stroudv
NAME: RuthAllimp
ADDRESS: Route 1. Box 243A
CITY: Sneads Ferry STATE: NC ZIP: 28460 PHONE: [phone]
COUNTY: Onslow NEAREST WATER BODY: New River GRID L#: 304800
LPO: Brad Nofzinaer LOCALITY: Onslow County GRID S#: 2482300
VIO OESC: replaced damaged pilings within existing marine in such a way to create
two (2) additional slips.
NOV SENT: 10 22 91 VIOLATION: MAJOR: X MINOR: _
PERM
COND: _ CANA: X
DBF: _
RESTORE: No
REQUESTED:
COMPLETED:
YES/NO
MM DD YY
MR
DD YY
ESTUARY: X PUB TRUST: X
SHORELINE: _
OCEAN HAZARD: _
OTHER: _ PHI NURS: _
ORW: _
WETLANDS: SA:
DS:
CJ: SY:
JR: L S :
TY:
SS:
SC:
SP: IF:
BF: WS:
MF:
TYPE EXCAVATE FILLED
RESTORE
OTHER TYPE
EXCAVATE
FILLED RESTORE
OTHER
(AEC) (sq ft) (sq ft)
(sq ft)
(sq ft) (AEC)
(sq ft)
(sq ft) (sq ft)
(sq ft)
TOTAL:
sq ft aq ft sq ft
------------------------------------------------------------------------------------
♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ASSESSMENT 8 DISPOSITION ♦ ♦ ♦ *
RECOMMENDED ASSMT: S 350.00 REFERENCES: T15A:07J.0409(f)(4)(A) CRITERIA: 06 04 91
MR DD TY
REPORT RCVD: ��-�-� ASSESSED: f3Sa TO OGC: Il 1!4-g1 TO VIOLATOR:
MR DD YYMM DD YY MR DD YY
(y,
PAYMENT RECEIVED: S ) 5 D ON: Al CASE CLOSED: -u- O' DL
MR DD YY MR DD YY
# OF VIOLATORS: TOTAL ASSESSMENT: S TOTAL RECEIVED:
OCR FORM: 10/1/90

State of North Carolina
LACY R THORNBURG Department of Justice
ATTORNEY GENEML P.G. BOX 629
RALEIGH
27602-0629
November 20, 1991
Ms. Ruth Clifton
Route 1, Box 243-A
Sneads Ferry, North Carolina 28460
NOV 2 6 1991
RE: Payment of Proposed Penalty for violations of the
Coastal Area Management Act, Committed in
Onslow County, CAMA 91-41D
Dear Ms. Clifton:
This will acknowledge receipt of your check number 0369, in
the amount of $350.00, and dated November 12, 1991. 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
David G. Heeter
Associate Attorney General
DGH/na
cc: Roger Schecter
Preston Pate
Jim Herstine
An Equal Opportunity/Affirmative Action Employer

WILMINGTON REGIONAL OFFICE
DIVISION OF COASTAL MANAGEME
395-3900
MEMORANDUM
To: Dave Heeter, Attorney General's Office^^\
From: James H. Herstine, District Manager 1\
Subject: Collection of Civil Assessment f
Date: November 14, 1991
NOV 2 2 1991
Attached for your review are the forms and materials generated in
collecting a $350.00 civil assessment against Ruth Clifton - Case
#91-41D.
Please let me know if you have any questions or comments.
Thank you.
JHH/tlh
cc: Preston Pate

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 see, committed on or near my property
in Onslow 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 October 22, 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.
l v. 19�/
DATE'
V �S
NOV 13 1991
SIMiATURE
A /
, / ,
ADD SS
3a?- d 3a-?
TELEPHONE NUMBER

" tLV1ll 1
NOY p I 7 1991
Lo
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
James G. Martin, Governor
William W. Cobey, Jr., Secretary
November 1, 1991
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Ruth M. Clifton
Route 1, Box 243-A
Sneads Ferry, North Carolina 28460
RE: CAMA Violation #91-41D
Dear Ms. Clifton:
Roger N. Schecter
Director
This letter is in reference to the Notice of Violation sent to you
on October 22, 1991, for the unauthorized construction of two (2) boat
slips, at your property located in a man-made basin off the New River
near Sneads Ferry, Onslow County. The violation involved Estuarine
Waters and Public Trust Areas, 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 Cardinal Drive Extension • Wilmington, North Carolina 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Ms. Ruth M. Clifton
November 1, 1991
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, o,
ames H. Herstine
District Manager
JHH/tlh
Enclosures
cc: Preston P. Pate, Jr.
Bob Stroud, 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 Onslow 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 October 22, 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
SIGNATURE
ADDRESS
TELEPHONE NUMBER

State of North Carolina L LT' _
Department of Environment, Health, and NaturaTReg6urces--------
Division of Coastal Management
James G. Martin, Governor
William W. Cobey, Jr., Secretary
October 23, 1991
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Ruth Clifton
Route 2, Box 243A
Sneads Ferry, North Carolina 28460
Re: Notice of Violation(s) and Request to Cease
Unauthorized Development
CAMA Violation #91-41D
Dear Ms. Clifton:
Roger N. Schecter
Director
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 replacing existing pilings in such
a manner as to create two (2) additional slips within your existing
marina located in a man-made basin off the New River near Sneads
Ferry in Onslow County. This development is being undertaken within
estuarine waters, public trust waters, designated Area(s) of
Environmental Concern, 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. 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

Ms. Ruth Clifton
October 23, 1991 p OCT 2 9 1991
Page two II
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.
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.
I am requesting that as a provision of retaining the additional
slips you secure the signed statements of no objection from each of
your adjacent riparian neighbors. This would have been a part of the
permit procedure process.
Sincerely,
C ' klz.
C. Robert Stroud, Jr.
Senior Coastal Representative
CRS/tlh
cc: Preston P. Pate, Jr.
Jim Herstine, DCM
Wayne Wright, COE
Brad Nofzinger, LPO