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HomeMy WebLinkAbout02-46C Broad Creek Constructioni
NOV
LfJQ fG<Or 1-nftw
Restoration Order
AJI&
Assmt.Pd. Letter
Assessment Letter
DCM Enforcment Report
Case No.: ©) - g6 Ci
District Office: A n W DCM Representative: T U)4z&2
�x0
DCM ENFORCEMENT ACTION REPORT SHEET
Date of N.O.V.:
Closed Date:
7
LPO: V [A
Permit Number (if applicable): o'<,'P+la il'/"001L it
Responsible Party (Violator): &.46 .J , reAA,v
Address of Violation:
Location: County:
Township:
Road:
Waterboddy::
Nature of Violation: f W
6 2(e-A,J-rW
Restoration Required: Y ON If YES, Date restoration to be completed: A)1,4
00
Civil Penalty Issued: Y N If YES, Amount of civil penalty: $ 5.
Date Restoration Completed: —k) (4 Date Penalty Collected:
DATE CASE CLOSED: 2 7
COMMENTS:
Notes
� )o1z `� "
e<5_
Case No.:
District Office:
DCM Representative:
Responsible Party (Violator):
Address of Violation:
Location: County:
Township:
Road:
Waterbody:.
Nature of Violation:
Restoration Required: Y
Civil Penalty Issued: Y
Date Restoration Completed:
DATE CASE CLOSED:
Date
COMMENTS:
Notes
DCM ENFORCEMENT ACTION REPORT SHEET
Date of N.O.V.:
N If YES, Date restoration to be completed:
N If YES, Amount of civil penalty: $
Date Penalty Collected:
DCM ENFORCEMENT REPORT
(Use for Waivers)
Case #: Permit #:
Consultant: I
Name: 36cwt Ozek Address:
City: Aleri%/i State: .Nc Zip: 2*!r "6 Phone #: _(ZSvIUM - a523
County: Nearest Water Body: c;" State Plane X:
LPO: LYL Locality: Al 4 State Plane Y:
Vio Descp:
NOV Sent:N/aP/°"Violation: Major:JCMinor— Perm Cond: ✓CAMA: ✓ D&F:
Restore: A O
(Ye/No)
Estuary: _ Pub Trst: _
Wetlands:
(Yc/No)
Requested:
(Me) (Day) (Yr)
Shoreline: ✓ Ocean Hz: Other:
Completed:
(Mo) (Day) (Yr)
Pri Nurs: _ ORW:
SA:
DS:
CJ:
SY:
JR:
LS:
TY:
SS:
SC:
SP:
IF:
BF:
WS:
NU:
TYPE
(AEC)
EXCAVATE
(Sq.R-)
FILLED
(Sq.Ft)
RESTORE
(Sq.Ft.)
OTHER
(Sq.Ft.)
******* ASSESSINIENT & DISPOSITION *******
Recommended Assmt: $ , r References: 7J. O Criteria: i94/
Report Rcvd: f 3 /ov Assessed: $ S0 r To AG: / / To Violator: IL/ /6 /0
Payment Received: $ac, On: .2/ % / 43 Case Closed: 2- 17 /
# Of Violators: Total Assessment: S Total Received: $
XEto,y - 13e(Ad Lddb
REVISED:12/92 410A Af1ST71�l6S
01/16/2003
WAI VL R OF RiGl3T TO ADNBNISTPA E IIIE"Ns�" '
AND: AGRE WME, NT TO PAY PROPOSED Cri?ll;, ASSESSWNT
I understand that the staff of the Department of Environment and Natural. Resauies
wili.propose the.:assessment of a civil penalty in the amount of $500,00 ana'iitst:.ine Itar. violation
Of the. Coastal Area Management Act, NCGS 113A-.100 et sue, committed at :the end o€ vutlt
Water Street;. ; AOjacent to, Smith Creek in the.Tawn,of Oriental, %p C<mnty,;�I4)rtil.,..
.
Carolina. I aIs'o'understand that I have a right under G.S. IBA-126(d){3').a" 1%SAT` 23'"' '
quasi ;judicial: administrative hearing on, the alleged violation.attd proposed :cirril peiglcy
In order to, resolve this matter with no farther action or".expense'oil my. pal :lsIfteod .
responsibility for the violation as described in the Notice of Viplation letter dated Noty tbmber .8,
2002, voluntarily waive.my legal right to an adnninistrative Bearing, and �grer;',wpay. the eiril
asscsslptnit of $500,00. 1 understand that in doing so, I also tioreby forer.64.4tY right t'tf': '
appeal to the' Superior Court of North Carolina.
DATA SI1?I i112 *,
ALl�RI;SS
tt
TlaL3-PH gNp
A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
February 7, 2003
Broad Creek Construction
c/o Mr. Fran Law
11 Creekview Court
Merritt, NC 28556
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Pamlico County
CAMA Violation # 02-46C
Dear Mr. Law:
This letter will acknowledge receipt of your Check #1373, in the amount of $500.00, and dated
02/06/03. 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, (252) 808-2808.
Sincerely,
M. Ted Tyndall
District Manager
MTT/srk
cc: Roy Brownlow, Compliance Coordinator
Charles S. Jones, Assistant Director
Tracey Wheeler, Coastal Management Rep.
Raleigh Bland, COE
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
si0L
A G�`A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Broad Creek Construction
c/o Mr. Fran Law
11 Creekview Court
Merritt, NC 28556
November 8, 2002
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED
DEVELOPMENT -- CAMA VIOLATION #02-46C
Dear Mr. Law:
This letter confirms that on September 121h and September 23rd, 2002, Tracey Wheeler and I
were onsite Oriental Harbor Marina, Inc. property and the Town of Oriental property adjacent to
Smith Creek at the end of South Water Street, in the Town of Oriental, Pamlico County, North
Carolina. The purposes of these site visits were to monitor CAMA Major Permit #10-02 for
compliance with permit conditions and to evaluate a permit modification request from Oriental
Harbor Marina Inc..
Information I gathered for the North Carolina Division of Coastal Management shows that
as contractor for Oriental Harbor Marina Inc., you undertook Major Development in violation of the
Coastal Area Management Act (CAMA). No person may undertake Major Development in a e ; •i1
designated Area of Environmental Concern without first obtaining a permit from the North Carolina i J
Coastal Resources Commission based on North Carolina General Statutes (hereinafter abbreviated
NCGS) 113A-118.
Our site visits revealed that you undertook unauthorized Major Development by installing
gravel underneath the permitted 6'-wide wooden boardwalk and by constructing the wooden
boardwalk onto Town property and in three sitting areas wider than authorized. Oriental Harbor
Marina Inc.'s permit did not authorize gravel underneath the permitted boardwalk and did not
authorize the expanded wooden boardwalk. Therefore, the actions that you undertook were in
conflict with the permit conditions and consequently.in violation of the Coastal Area Management
Act. This unauthorized development took place in the Coastal Shoreline of Smith Creek, an Area of
Environmental Concern (AEC) designated by the Coastal Resources Commission.
I request that you immediately CEASE AND DESIST any further unauthorized
development within any Area of Environmental Concern. If any of the development you
Undertook is not considered consistent with the applicable standards, you will be required to restore
those affected areas to their former condition. A civil assessment of up to $2,500 may be
151-B Hwy. 24, Hestron Plaza Il, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
-!
Mr. Fran Law
Page 2
November 8, 2002
assessed against any violator. Each day that the development described in this Notice is
continued or repeated may constitute a separate violation that is subject to an additional
assessment of up to $2,500. 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 levy a minimum civil assessment
of $500 not to exceed $2,500 against violations of this type. 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 depends on several factors, including the
nature and area of the resources that were affected and the extent of damage to them. There was
no restoration requested by the Division. Pending my completion of an enforcement report, you
will be notified of the amount of civil penalty.
Thank you for your time and cooperation in resolving this issue. If you have any
questions about this or related matters, please don't hesitate to contact me at 252-808-2808.
Sincerely,
lj� 160) Pt /I
M. Ted Tyndall
District Manager
cc: Charles S. Jones - Assistant Director, DCM
Doug Huggett - Major Permits Coordinator, DCM
Tracey Wheeler - Field Representative, DCM
FUNCTIONAi C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210
CASE: 000044C PERMIT #: 84-96 CONSULTANT: JONES, S
NAME: LAW, FRAN ADDR: 112 CREEKVIEW COURT
CITY: MERRITT STATE: NC ZIP: 28556 PHONE: 000 000 0000
CNTY: CARTERET NEAREST WATER BODY: NEUSE RIVER ST PLANE X:
LPO : S LEE LOCALITY: PAMLICO ST PLANE Y:
VIO DESC: VIOLATED PERMIT CONDITIONS FOR ROCK ALIGNMENT AND HEIGHT. DISTURBED/D
: ESTROYED 37500 OF COASTAL MARSH --CONTRACTOR 1ST OFFENSE---
NOV SENT: 11 22 00 VIOLATION: MAJOR: Y MINOR: PERM COND: Y CAMA: Y D&F: Y
RESTORE : REQUESTED: COMPLETED:
ESTUARY: Y PUB TRST: SHORELINE: Y OCEAN HZ: OTHER: PRI NURS: ORW:
WETLANDS: SA: Y DS: Y CJ: SY: JR: Y LS: TY:
SS: SC: Y SP: Y IF: BF: WS: MF:
TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER
ES 18750 18750 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
------------------------ASSESSMENT AND DISPOSITION -----------------------------
REC ASSMT: 00000 REFERENCES: 0409 CRITERIA: 03 23 95
REPORT RCVD: 11 22 00 ASSESSED: 0 TO OGC: 01 01 01 TO VIOLATOR:
PAY REC: 0 ON: CASE CLOSED: 11 22 00
# VIOLATORS: 2 TOTAL ASSESSMENT: 0 TOT RECEIVED: 0
MESSAGE: ENTER DATA YOU WISH TO CHANGE
PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PF5=VIOLATOR
FUNC-TION:f> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210
CASE: 010088C PERMIT #: CONSULTANT: SHAVER
NAME: LAW, FRAN ADDR: 111 CREEKVIEW COURT
CITY: MERRITT STATE: NC ZIP: 28556 PHONE: 252 745 4252
CNTY: CRAVEN NEAREST WATER BODY: CLUBFOOT CREEK ST PLANE X:
LPO : LOCALITY: THE MOORINGS SUBDIVISION ST PLANE Y:
VIO DESC: BUILT TWO UNPERMITTED WET SLIPS --NOTE-- CLOSED PER TED TYNDALL
NOV SENT: 12 14 01 VIOLATION: MAJOR: Y MINOR: PERM COND: Y CAMA: Y D&F:
RESTORE : N REQUESTED: COMPLETED:
ESTUARY: Y PUB TRST: Y SHORELINE: OCEAN HZ: OTHER: PRI NURS: ORW:
WETLANDS: N SA: DS: CJ: SY: JR: LS: TY:
SS: SC: SP: IF: BF: WS: MF:
TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER
ES 0 0 0 2 0 0 0 0
PT 0 0 0 2 0 0 0 0
0 0 0 0 0 0 0 0
------------------------ASSESSMENT AND DISPOSITION -----------------------------
REC ASSMT: 00000 REFERENCES: F4FI CRITERIA: 07 01 91
REPORT RCVD: 12 14 01 ASSESSED: 0 TO OGC: TO VIOLATOR:
PAY REC: 0 ON: CASE CLOSED: 12 14 02
# VIOLATORS: 1 TOTAL ASSESSMENT: 0 TOT RECEIVED: 0
MESSAGE: ENTER DATA YOU WISH TO CHANGE
PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREY SCREEN PF5=VIOLATOR
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02/07/2003 10:05 2522492916 BROADCREEKCONST PAGE 01
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RIA N1t:-NT TO PA'V iit2t�PCf.SA:IT'G:1�'7L
I undci:�trnsl th.it the staftu(.hr,aclariri�urnr p('l;iir�ir+9r!!ii��t�r ?!'+r3av`A{ilril hcs�lll#�,i^'S
Yy;41i .hrala(:sc die BSSes4tukn[ oY a civil pcq�alY>• in lllC :utiotfo-+t:ut �Sllta,C',{t i!g7zai.",•l its;+(q;;•Vt:+'ilatl(lrt
<6n,tti, lic:ai 1lstua cn!cnt Act, NG'G8 113M100 ct +[!„ c(+m!iiit(d at dPT �tai t F�Siatllh
kWairr SiCeei,, ;adj tt itt t.0 Sundt i reek in the Town aFQYiertat, Pflntlie�S,Cnati�,j' $7t5ftlai`' .':
A§'o understand that J i! rve <i right undar G:SI 12 �d}(31 1iti!, 4;SQ132„� Eo
"';i;. iji;;t;ti-jtt,liri:ll :({tili'nlSira[IVC tieal'llte on tltc allzEedvicTlxri�ii;1+'ncj'iironnetF.'ci'uYr:1>eliii,w;�
l,I irtl,t. to itaolvc this wauer w.irh no j'nl•ther action: ui erpen i, On ow iink 1 ro ertt
TkI$pansitailfty for tiro violtuion as described in the Notice .d;`y:iotntiitr+jettrtinSi,''d lVty zejiTar S,";'
vn;u4lcit'ily n'�IIVO ply icgrll right'tu an adtttiitistru[ir lieat n«.; and :aq?ca,co;}ix}tth* :,v C
aK eS}trttrit ot'6500AII). I unkmand chat iii doing so,;l nlstidicrrhy_for, I" "'aFivii<litw . .
:ijtlrc;TP10 titeS11**n;ior (;hurt of Nnnh C ialulitt,i. IJ
q.
?.
AA
NCDENR
North Carolina Department of Environment and Natural Re91lurces
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED January 6, 2003
Broad Creek Construction FILE
c/o Mr. Fran Law
11 Creekview Court
Merritt, NC 28556
RE: CAMA Violation f102-46C
r~
Dear l�w:
This letter is a correction of the letter sent to you dated December 16, 2002. It too is in
reference to the Notice of Violation sent to you for the unauthorized deveibpiment at the end of
South Water Street, in the Town of Oriental, Pamlico County, North Carolina. The violation
involved the unauthorized construction of a wooden deck on Town property, the unauthorized
installation of rock gravel beneath the permitted wooden boardwalk, and the construction of three
expanded wooden sitting areas within the Coastal Shoreline of Smith Creek on Oriental Harbor
Marina Inc. property. The Coastal Shoreline is an Area of Environmental Concern designated by
the Coastal Resources Commission. As contractor for the project, there was no restoration
requirement for you.
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 $500.00 is
appropriate for this violation. Therefore, I am proposing a $500.00 penalty against you. You
may expeditiously resolve this matter at this time by accepting responsibility for the violation,
waiving your right to an administrative hearing, and paying the amount proposed above. In order
to do this, you must: 1) sign one of the attached copies of a "Waiver of Right to an
Administrative Hearing and Agreement to Pay Civil Assessment", 2) attach a check or money
order for $500.00 made payable to the North Carolina Department of Environment and Natural
Resources (NCDENR); 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. Once your check
or money order is credited to the Department's account, you will be notified of your compliance
and the closure of this enforcement action. If you do not send a signed waiver and payment to
this office within ten (10) days, the Director of the Division of Coastal Management will formally
assess a civil penalty against you. You will then have the opportunity to request a hearing on the
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
Mr. Fran Law
Page 2
January 6, 2003
request remission of the penalty.
t
Thank you for your time and cooperat WU lving this matter. If you have any
questions, please do not hesitate to contact me orehead City office 252-808-2808.
Sincerely,
M. Ted Tyndall
District Manager
Enclosures
cc: Charles S. Jones - Assistant Director, DCM
Tracey Wheeler - Field Representative, DCM
Roy Brownlow - Compliance Coordinator, DCM
NO2-46C
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources
will propose the assessment of a civil penalty in the amount of $500.00 against me for violation
of the Coastal Area Management Act, NCGS 113A-100 et seq., committed at the end of South
Water Street, adjacent to Smith Creek in the Town of Oriental, Pamlico 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 November 8,
2002, voluntarily waive my legal right to an administrative hearing, and agree to pay the civil
assessment of $500.00. 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
#02-46C
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources
will propose the assessment of a civil penalty in the amount of $500.00 against me for violation
of the Coastal Area Management Act, NCGS 113A-100 et seq., committed at the end of South
Water Street, adjacent to Smith Creek in the Town of Oriental, Pamlico 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 November 8,
2002, voluntarily waive my legal right to an administrative hearing, and agree to pay the civil
assessment of $500.00. 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
NCDENR
F North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Broad Creek Construction
c/o Mr. Fran Law
11 Creekview Court
Merritt, NC 28556
RE: CAMA Violation NO2-46C
Dear Mr. Law:
December 16, 2002
This letter is in reference to the Notice of Violation sent to you for the unauthorized
development at the end of South Water Street, in the Town of Oriental, Pamlico County, North
Carolina. The violation involved the unauthorized construction of a wooden deck on Town
property, the unauthorized installation of rock gravel beneath the permitted wooden boardwalk,
and for the construction of three expanded wooden sitting areas within the Coastal Shoreline of
Smith Creek. The Coastal Shoreline is an Area of Environmental Concern designated by the
Coastal Resources Commission. As contractor for the project, there was no restoration
requirement.
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 $500.00 is
f appropriate for this violation. Therefore l am ro osi g a $500.00 penalty against Oriental
Harbor Marina Inc. 1'ou may expeditiously resolve this matter at this time by accepting
111///�JJ responsibtltty for the violation, waiving your right to an administrative hearing, and paying the
amount proposed above. In order to do this, you must: 1) sign one of the attached copies of a
"Waiver of Right to an Administrative Hearing and Agreement to Pay Civil Assessment", 2)
am, attach a check or money order for $500.00 made payable to the North Carolina Depar
dtment of
�/ Environment and Natural Resources (NCDENR); and, 3) return the signed waiver and payment to
A,� this office in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter.
Once your check or money order is credited to the Department's account, you will be notified of
your compliance and the closure of this enforcement action. If you do not send a signed waiver
and payment to this office within ten (10) days, the Director of the Division of Coastal
Management will formally assess a civil penalty against you. You will then have the opportunity
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
Mr. Fran Law
Page 2
December 16, 2002
to request a hearing on the penalty or request remission of the penalty.
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 Morehead City office 252-808-2808.
Sincerely,
M. Ted Tyndall
District Manager
Enclosures
cc: Charles S. Jones - Assistant Director, DCM
Tracey Wheeler - Field Representative, DCM
Roy Brownlow - Compliance Coordinator, DCM
NO2-46C
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources
will propose the assessment of a civil penalty in the amount of $500.00 against me for violation
of the Coastal Area Management Act, NCGS 113A-100 et seq., committed at the end of South
Water Street, adjacent to Smith Creek in the Town of Oriental, Pamlico 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 November 8,
2002, voluntarily waive my legal right to an administrative hearing, and agree to pay the civil
assessment of $500.00. 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
NO2-46C
WAIVER OF RIGHT TO ADMINISTRATIVE HEARING
AND AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources
will propose the assessment of a civil penalty in the amount of $500.00 against me for violation
of the Coastal Area Management Act, NCGS 113A-100 et sec., committed at the end of South
Water Street, adjacent to Smith Creek in the Town of Oriental, Pamlico 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 November 8,
2002, voluntarily waive my legal right to an administrative hearing, and agree to pay the civil
assessment of $500.00. 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
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■ If a postmark on the Certified Mail receipt Is desired, please present the ard-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT. Save this receipt and present it when making an Inquiry.
PS Form 3800, January 2001 (Reverse) 102595-M-02-0451
■ Complete items 1, 2, and 3. Also complete A.
item 4 if Restricted Delivery is desired. X
III Print your name and address on the reverse
so that we can return the card to you. B.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
C/o Mtz. FRAW 4A4
ll CP*�"vIQ4 Caner
McRerrr, MC, ZC63-6,
by ( Printed Name) I C. Date of Delivery
D. Is delivery address different from (tern 1? ❑ Yes
if YES. enter delivery address below: ❑ No
DEC 2 0 2002
. 3/� Certified Mail O Express Mail
❑ Registered Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (&trs Fee) ❑ Yes
2. Article Number
(frensferfrom service label) 706A 0*0 De00 S17P 97{S0(
PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1035
UNITED STATES POSTAL SERVICE %r' �b First -Class Mail
I I I II I USPPermSN o& Fees
. G-10 Paid
• Sender: Please print your name, address, and ZIP+4, in this box
DIVISION6COASTAL MANAGEMENT
24 NT
EST ON PLAZA
ORE
HEAD
h )�SboJ(9 9) 08 2 08
28557
L?�0
U.S. Postal Service..
CERTIFIED MAIL.,., RECEIPT
(Domestic Mail Only; No Insurance Coverage
For delivery information visit our website at
PS Form 3800. June 2002 Sca Rev.... for In,[,u,Iom,
Certified Mall Provides: ze9t-vI-a0-969z0t
■ A mailing receipt (eveneelz00a9onr'00e13ua0dad
• A unique identifier for your mailpiece
■ A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mail may ONLY be combined with Frst-Class Mail® or Priority Mails
■ Certified Men Is not available for any Gass of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Receipt may be requested to Provide proof of
ddealivery To btaln Return Receipt service, please complete antl attach a Return
Rticeipt (PS Form "'it
to the article and add applicable postage to cover the
fee. Endorse mailpiece"Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPSa postmark on your Certified Mail receipt is
required.
■ ftr an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the dark or mark the mailpiece with the
endorsement "Restricted Delivery'.
■ If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and allix label with postage and mail.
IMPORTANT: Save this receipt and present it when making an inquiry.
Internet access to delivery information is not available on mail
addressed to APOs and FPOs.
■ Complete items 1, 2, and 3. Also complete A_
item 4 if Restricted Delivery is desired. X
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
-BftA6 cam« CW5V"LVoA,
5/o 141 F444 LAnj
N egerwiEN awv-
N"-or4 rr, n!t ZPS57,o
❑ Agent
D. Is delivery address different from item 17/ u Yes
If Y S enter deMeF, address below: ❑ No
it 02—Ake-
3. Service Type
Certified Mail ❑ Express Mail
0 Registered EbRetum Receipt for Merchandise:
suilwpail ❑ C.O.D.
d,'*W tnc'N Delivery? FIft Fee) ❑ Yes
1407 2071
V-Usf 2ODT- WOnmeslk rRec ` h 102595-02 M-1540 I
tl w r O
UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
Sender: Please print your name, address, and ZIP+4 in this box
NC DIVISION OF COASTAL MANAGEMENT
HESTRON PLAZA II, 151-8, HWY. 24
MOREHEAD CITY, NC 28557
(919) 808-2808
Postage
Certified Fee
Retum Receipt Fee Postmark
(Endorsement Required) 7S Here
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees//.� ,
Certified Mall Provides:
at A melting reoelpt
■ A unique identifier for your mallpiece
at A signature upon delivery
at A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mall may ONLY be combined with First -Class Mall or PrlorityMail.
at Certified Mall is not available for any class of international mail.
is NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail. 11
■ For an additional fee, a Return Receipt may be requested to provide Prodrof
delivery. To obtain Rehm as Receipt service, please complete and attach a Return
Receipt (PS Fomn 3811t to the article and add applicable postage to cove, the
fee. Endorse meilpiece Return Receipt Requested". To receive a fee walvcr for
a duplicate return receipt, a USPS postmark on your Certified Mail receipt is
required.
■ For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery".
■ If a postmark on the Certified Mail receipt is desired, please present the arti-
cis at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and present It when making an inquiry.
■ Complete items 1, 2, and 3. Also complete A.
item 4 if Restricted Delivery is desired. X
■ Print your name and address on the reverse
so that we can return the card to you. B.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to: �r
�W ue&K Commilli :770n1
C/O Mee. AW-4,1 CAc./
/( cetwo..-Al Cou.eT
llltZeIrT AkG ZA53(.
2. Article Number
❑ Agent
Name) I C.
D. Is 1��7 No
It , ent��^�vl y 2002 EMy�] No
Vs
M
3. Service ype
�7Cenified Mail ❑Express Mail
❑ Registered 3;iFleturn Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑ Yes
PS Form 3811, August 2001 Domestic Return Receipt
UNITED STATES POSTAL SERVICE t-[ytap_,-- ,_I,
Postage 8 Fees Paid
LISPS
Permit No. G-10
• Sender: Please print your'ham5,"address, and ZIP+4 in this box
NG DIVISION OF COASTAL MANAGEMENT
HESTRON PLAZA II, 151-B, HWY.24
MOREHEAD CITY, NC 28557
(919) 808-2808