94-28A Matthews

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******* ASSESSMENT & DISPOSITION *******
Recommended Assmf: $ 34m.oO References: 7.L'o_qQ9Llgk_ Criteria: la/d)2/__
Report Rcvd: b/ l3/ 19� Assessed: $ _3sa,ao To AC: N1 1'n Viol.101 oL(3LL9S
Payment Received: $RSn,00 On: oz1'2?1q —
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RMSED: 12/92
'Iblol Assessment: $__13sa• ozL
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State of North Carolina IT
Department of Environment,
Health and Natural Resources •
Division of Coastal Management
James B. Hunt, Jr., Governor WL
Jonathan B. Howes, Secretary ED E H N R
Roger N. Schecter, Director
March 1, 1995
Mr. Crafton Matthews
P. O. Box 7
Hertford, NC 27944
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management
Act, Committed in Perquimans County
CAMA Violation 1/94-28A
Dear Mr. Matthews:
This letter will acknowledge receipt of your check #392, in the amount of $350.00, and
dated February 18, 1995. 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 nay further questions concerning this matter, please contact me at my
Elizabeth City office, [phone].
Sincerely,
David R. Griffin
District Manager
DRG/dc
cc: Roger Schecter
Preston P. Pate, Jr.
R. Watts
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper

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WAIVER OF RIGHT TO ADMINISTRATIVE HEARIN : FIE, "� .1�
AND AGREEMENT TO PAY PROPOSED CIVIL ASSESS
f' ¢¢ `T mil v^;^J--��,++., y, }
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 seq, committed on or
near my property in Perquimans 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 June 15,
1994, 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 SIG ATU n
/ 2 K &' 6 sg''
ADDRESS
TELEPHONE NUMBER

State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Coastal Management
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretary E:) E H N F10
Roger N. Schecter, Director
n
FEB 01W
CERTIFIED MAIL
RETURN RECEIPT REQUESTED January 31, 1995
Mr. Crafton Matthews
P. O. Box 7
Hertford, NC 27944
RE: CAMA Violation
Dear Mr. Matthews:
This letter is in reference to the Notice of Violation sent to you on June 15, 1994, for
the unauthorized fill within the Perquimans River, at your property located at the end of
Perquimans Street, Hertford, Perquimans County. The violation involved Public Trust
Waters, which is an Area of Environmental Concern designated by the Coastal Resources
Commission. All restoration requested by the Division of Coastal Management has been
completed.
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
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

r
and payment to this office in the enclosed, self-addressed envelope within ten (10) days of
receipt of this letter. 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 Elizabeth City office, 919/264-3901.
DRG/dc
Enclosures
cc: Preston P. Pate, Jr.
R. Watts, Field Representative
R. Bland, COE
Sincerely,
(lyQ 94
David R. Griffin
District Manager

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 gt seq, committed on or
near my property in Perquimans County, North Carolina. I also understand that I have a
right under G.S. 113A-126(d)(3) and 15OB-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 June 15,
1994, 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
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
Roger N. Schecter, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Crafton Matthews
P. O. Box 7
Winfall, NC 27985
IN X.
1�111 ML
O HNf�
Lit
JN 16 1994 _
June 15, 1994
RE: NOTICE OF VIOLATION(s) AND REQUEST TO CEASE
UNAUTHORIZED DEVELOPMENT
CAMA Violation N94-28A
Dear Mr. Matthews:
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) I I3A-118. I
have information that you have undertaken Major Development by placing unauthorized fill
within the Perquimans River, located, end of Perquimans Street, Hertford, in Perquimans
County. This development is being undertaken within Public Trust Waters, a 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. 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.
It is the policy of the Coastal Resources Commission to assess a minimum civil
penalty of One Hundred Fifty Dollars ($150.00) 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
1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper

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
demolition material and organic debris from state waters, 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. Material taken from the shoreline must be placed on an approved
upland site. A CAMA Major Permit must be applied for and a permit issued before any
shoreline stabilization can be placed below the normal water level of the Perquimans River
on this lot.
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.
Sincerely,
4L a &3-
Richard L. Watts
Field Representative III
RLW/dc
Enclosures
cc: Preston P. Pate, Jr.
David R. Griffin
R. Bland, COE

' RESTORATION PLAN
FOR
CRAFTON MATTHEWS
PROPERTY LOCATED AT END OF PERQUIMANS STREET, HERTFORD,
PERQUIMANS COUNTY
1) Removal of all demolition material and organic debris placed below the
normal water level of the Perquimans River for the purpose of
shoreline protection.
2) All materials must be taken to an approved upland site.
I agree to complete this restoration by July 31, 1994.
Crafton Matthews
DATE: . 1994