05-24C Lane

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
July 19, 2005
D K Slade Trucking & Excavation
P O Box 271 Oswell Brinson Rd
Merritt, NC 28556
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Pamilco County
CAMA Violation # 05-24C
Dear Ms Pamela Slade and Mr. Ghermon Lane:
This letter will acknowledge receipt of your check #2706, in the amount of $200.00, and dated
July 19, 2005. 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 concerning this matter, please contact me at my Morehead City
office, [phone].
Sincerely,
/�w W6"64�la
Tere Barrett
District Manager
11131Ft7
cc: Roy Brownlow, Compliance Coordinator
Ted Tyndall, Asst. Director
Stephen Lane, Coastal Management Rep.
Raleigh Bland, COE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Ghermon Lane
Notice of Violation - July 15, 2005
Page 2
on several factors, including the nature and area of the resources that were affected and the extent of the damage to
them.
You are also in violation of the State's Dredge and Fill Act 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 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 in accordance with N.C.G.S. 113-229.
Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the local
jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines for Areas of
Environmental Concern. Therefore, restoration of the impacted area is not requested at this time. However, please
be advised that upon request, you must be able to provide us proof that you have given your adjacent riparian
property owners notice of this unauthorized development and provided them the opportunity to comment to the
Division of Coastal Management.
Should you be requested to provide this documentation, you must provide confirmation that a written statement has
been obtained, signed by the adjacent riparian property owners, indicating that they have no objection to the
completed work; or you must provide confirmation that the adjacent riparian property owners have been notified by
certified mail of the completed work. This notice shall instruct adjacent property owners to provide any comments on
the completed development in writing to this Division within ten (10) days of receipt of the notice and shall indicate
that no response from them will be interpreted as not having any objection.
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 [phone]. Upon my submission of an enforcement report to the District
Manager, you will be notified as to the amount of a civil assessment for undertaking development without first
obtaining the proper permits.
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 near future to determine whether this
REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately about these
important matters.
Sincere RR
Stephen Lane
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Tere Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Raleigh Bland, Major Permit Coordinator, USACE
Skip Lee, LPO, Pamlico County

DCM ENFORCEMENT TRACKING REPORT.
��- �� L/1,� Issuer 6-r-- � i C
Field Rep. Violation Base No.
LPO f l� A B D
LPj c d 1 r Violated Permit No. 3 `7 913 - C
(if applicable)
Violation Description Was activity permittable? / No
Initial Discovery Date % r� ° r Discovery Method /,1,/-
Violation Description / c a 8 d 7�
Respondent Information Prior Violations in same AEC: Yes / Case Number Orz 01
Respondent Name(s) 64"" (Landowner/Agent/Contractor)
Address 0 116,,x >-o ? City P16 'le-r State" C Zip r1
Phone # �7 �� Sa7 r ? "7 T Fax #
Email
Violation Type: Project T pe: Authorizations Required: Site Visits _ Respondent Site Visits Respondent
No Permit Private ommunity Major LAMA -7-I}-sd Present Present
Y�
Permit Condition Govt./Public Minor &F
Expired Permit Commercial eneral
Inconsistent wl Rules
Violation Location and Site Description
Project Location: County Al-1 r"
Street Address/ State Road/ Lot #(s)
�64 owcll B�ii
Jr nd.
/',111':'I"l N c
Subdivision — 6
City//44- r ZIP r�
Phone # (J-r -) River Basin ✓iz .
/ �nat an /unkn)
Adj. Wtr. Body ��
Closest Maj. Wtr. Body 0-Y RJ✓t/-
Restoration
NOV Date % 11 f v-r'
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Initial Req. Comp. Date P/I;
Date Comp. Observed
Rover File
fib( o �/ b 2 I/l
Shoreline Length /10 r
SAV: Not Sure
Sandbags: Not Sure
PNA:
ORW:
Crit. Hab.
Photos
Waiver Required
In DWQ Buffer Area
�C)(,.0409 y` (�Ref.
App./Permit Fee l� l
Penalty
Willful/intent.
Continuing
Other
Total
Yes
Yes
No
No
Yes
©o Adjacent
Yes
No Adjacent
Yes
Yes
No
No
Yes
No
Q
No
Extension Granted Yes No
Restoration Letter
Acceptance Date
Recomm. Assess. DCM Assess.

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
Penalty modified
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes / to If yes, which types:
CW ® PT ES PTS
OEA HHF IH SA DS CI SY 1R LS TY
SS SC SP 404
PWS FC:
Restoration Required by the Respondent Yes / No
S
Dimensions in excess Dimensions to restore Final dimensions Actually restored
of permit/ unauthorized activities allowed
Development Activities
Habitat Description
NOTES:
Closing
Payment Received $ Date Date Case Closed

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