91-23D Miller

State of North Carolina
rt Depament of Environment,
Health and Natural Resources • •
Wilmington Regional Office r
Division of Coastal Management
James B. Hunt, Jr., Governor p E H N FI
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
August 31, 1995
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Joh r
Post Office Box 770
Castle Hayne, North Carolina 28429
RE: CAMA VIOLATION !l91-23D
Dear Mr. Miller:
This is with reference to the subject violation for which you were sent an assessment letter
requesting the remittance of $350.00 on February 14, 1992. The assessment was based on the degree
of environmental impact or damage that resulted from the unauthorized placement of rip rap and fill
material at your property located on the Northeast Cape Fear River, Rocky Point in Pender County.
A copy of the violation and assessment letters are enclosed for your reference.
We have recently completed a review of our pending files and have determined that you have
failed to submit the requested payment. If the $350.00 assessment is not paid within ten (10) days
following receipt of this letter, it will be necessary to forward the case to the State Attorney General's
Office for a formal legal action requesting immediate collection of the fine.
Please sign the enclosed waiver form and return it along with your check or money order made
payable to DE11NR.
your cooperation in resolving this matter is appreciated.
Sincerely,
C. Robert Stroud, Jr.
Enclosures
cc: Preston Pate, DCM
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

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State of North Carolina
Department of Environment, Health, and Natural
Division of Coastal Management
James G. Martin, Governor
William W. Cobey, Jr., Secretary
February 14, 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. John Miller
Post Office Box 770
Castle Hayne, North Carolina 28429
RE: CAMA Violation #91-23D
Dear Mr. Miller:
n; FEB 2 5 1992
Resources
Roger N. Schecter
Director
This letter is in reference to the Notice of Violation sent to you
on July 9, 1991, for the unauthorized placement of riprap and fill
material, at your property located on the Northeast Cape Fear River,
Rocky Point, Pender County. The violation involved Estuarine Shoreline
and 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 Cardinal Drive Extension - Wilmington, North Carolina 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Oppommiry AHirtnative Action Employer

Mr. John Miller
February 14, 1992
Page two
I will forward a copy of the Waiver with your check or money order to
the Attorney General's Office 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,
J mes 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 VAY 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 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 July 9, 1992, 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

JUL 1 81991
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
July 9, 1991
CERTIFIED MAIL
RETURN RECEIPT
Mr. John Miller
Post Office Box 770
Castle Hayne, North Carolina 28429
Re: Violation(s) of CAMA Major Development and Dredge
and Fill Permit No. 172-90
CAMA Violation #91-23D
Dear Mr. Miller:
Information gathered by the Division of Coastal Management
shows that you have violated the terms or conditions of State
Permit No. 172-90 which was issued to you by the Coastal Resources
Commission and the North Carolina Department of Environment, Health and
Natural Resources. I hereby request that you immediately CEASE AND
DESIST such violation(s) and comply with the terms and conditions of
the above permit.
On December 3, 1990, State Permit No. 172-90 was issued to John
Miller for a boat ramp with entry, riprap and walkway on land located
in Pender County, North Carolina. This permit was issued for CAMA
Major Development in Estuarine Waters, Public Trust Waters, Estuarine
Shoreline Areas of Environmental Concern, North Carolina General
Statutes (hereinafter abbreviated NCGS) 113A-118, and for excavation
and/or filling, NCGS 113-229(a). This permit included the following
terms and conditions(s): Silt fence will be placed between all
disturbed areas and any wetland until such area is stabilized. No
excavated or fill material will be placed at any time in any marsh or
surrounding waters outside of the alignment of the fill area indicated
on the -work plats.
For the following reasons, it is my opinion that you are in
violation of the above terms and conditions(s) of your permit: Riprap
has been placed on the southwest side of the ramp. Fill has not been
contained behind silt fence and has moved into the adjacent waters and
wetlands.
127 Cardinal Drive Extension - Wilmington, North Carolina 28405-3845 - Telephone [phone] - Fax (919) 250,2004
An Equal Opportunity Affirmative Action Employer

Mr. John Miller
July 10, 1991
Page two
If the terms and condition(s) 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 conditions(s) of the permit issued to you, you must:
place silt fence at or behind the flagged wetland alignment, pull all
fill behind this line to the pre-existing grade and contour, request a
modification to the original permit to allow for additional riprap.
Provided you intend to cooperate with my request, please sign one of
the attached Restoration Agreements and return it to me in the
enclosed, self-addressed envelope within ten (10) days of receipt of
this letter. Failure to comply with this request or respond back to
this office prior to the above deadline with an acceptable schedule for
compliance will be interpreted as a refusal to cooperate and will
result in a Notice of Continuing Violation, as well as a court
injunction being sought ordering compliance.
A civil penalty of up to Twenty -Five Hundred Dollars ($2500.00)
may be assessed, or an injunction or criminal penalty may be sought
against any person who violates a CAMA Major Development permit. It is
the policy of the Coastal Resources Commission to assess a minimum
civil penalty of Three Hundred and Fifty Dollars ($350.00) 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 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. In addition, a criminal penalty, damages, or an
injunction may be sought against any person who violates a Dredge and
Fill Permit. NCGS 113-229(k) and (1).
I request that you contact
this matter. A site inspection
determine whether this REQUEST
with.
TB/tlh
cc: Jim Herstine, DCM
Preston Pate, DCM
Steve Chapin, COE
me at this office immediately regarding
will be made in the immediate future to
TO CEASE AND DESIST has been complied
Sinceely,
Tere Barrett
Coastal Field Representative

LESTORATION PLAN
FOR
JOHN KILLER
PROPERTY LOCATED AT THE RIVER HILLS COMMUNITY BOAT RAMP, PENDER COUNTY
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4 a- W of
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RESTORATION
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Place silt fence at or landward of the flagged wetland alignment;
pull all fill behind this line to the pre-existing grade and contour;
submit a.request for a modification to permit #172-90 to include riprap
on the southeast side of the ramp. I agree to complete this
restoration by July 31, 1991.
JOHN MILLER
DATE:
, 1991