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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 JC i 1-- n r O - Cn L % �C rac /--.Axn-T a:-Twn jbc 0 i L � � I �. ui. � • ii ii a� • �A �i 11 r �i •■ �r ii �� 1� � � rr''�\ � 111 11111�1 11 • v iENEM �e _ � � �r '• 1..mommill •� �� � �1�-� . .! .!! • hill • t�•/iii ii Ili tool • iia!!! �' �n..!i 1 , i� iir i� , :«n •� ice $4 02/07/2003 10:05 2522492916 BROADCREEKCONST PAGE 01 tty':119 AM, lit, 01'; iF COHSTPI, ;li yt)7ayc�' j ,' F1'rtli'd'sl7C)i''1tT(J11'1"i'O;LT),Ll't.\T1S'll�t�.i1'lr'1:,XiFzY;��'�r•.'<,:�:j',. 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. 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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