05-25C Slade

AMA. X tj�
NCDENR '�
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
July 19, 2005
D K Slade Trucking & Excavation
P O Box 271 Oswell Brinson Rd
Merritt, NC 28556
Charles S. Jones, Director William G. Ross Jr., secretary
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 conceming this matter, please contact me at my Morehead City
office, [phone].
Sincerely,
Tere Barrett
District Manager
TB/lsb
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 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

D.K. Slade
Notice of Violation -July 15, 2005
Page 2
separate violation that is subject to an additional assessment of $2,500. An injunction or criminal penalty
may also be sought to enforce any violation in accordance with N.C.G.S.113A-126.
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty $200 against all
violations of this type. 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 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 Law 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 pursuant to N.C.G.S. 113-229.
Since this is your first documented offense as a contractor in these designated Areas of Environmental
Concern, there will be no assessment levied against you in accordance with the North Carolina
Administrative Code, Title 15A, Subchapter 7J.0409(f)(4)(F)(i). However, if you continue to violate the
Coastal Area Management Act, you should consider yourself forewarned and expect a civil assessment to
be levied against you consistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J,
Section .0409, as adopted by the Coastal Resources Commission.
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.
Sincerely,
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

I�
MCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
NOTICE OF VIOLATION
July 15, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. D.K. Slade
P.O. Box 271
Merritt, N.C. 28556
Resources
William G. Ross Jr., Secretary
RE, NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION If05-25C
Dear Mr. Slade:
This letter is in reference to our July 12, 2005 meeting onsite at Ghermon Lane's property at 264 Oswell
Brinson Road, adjacent to the Bay River, near Merritt, in Pamlico County, North Carolina. The purpose of
the onsite meeting was to investigate unauthorized development on the aforementioned property.
Information gathered by me for the Division of Coastal Management indicates that your actions as
contractor for Ghermon Lane are in violation of the Coastal Area Management Act (CAMA) as well as the
State's Dredge and Fill Law. No person may undertake major development in a designated Area of
Environmental Concern (AEC) without first obtaining a permit from the North Carolina Department of
Environment and Natural Resources pursuant to the North Carolina General Statutes (N.C.G.S.) 113A-118.
I have information that indicates you have undertaken or are legally responsible for the placement of
approximately 80' of riprap on the aforementioned property. This activity took place within the Public Trust
Area, Estuarine Shoreline, and Estuarine Waters that are contiguous with the Bay River. Public Trust
Areas, Estuarine Shorelines, and Estuarine Waters are designated as Areas of Environmental Concern
(AEC). The permit issued to Ghermon Lane for work in these areas expired and became invalid on
November 10, 2004. The Division of Coastal Management requires that a permittee hold a valid permit for
any ongoing development activity in an AEC. Based on these findings, I am initiating an enforcement
action by issuing this Notice of Violation for violation of the Coastal Area Management Act and the State's
Dredge and Fill Law.
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. A civil assessment of up to $2,500 may be assessed against any
violator. Each day that the development described in this Notice is continued or repeated may constitute a
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

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DCM ENFORCEMENT TRACKING REPORT
i1 Field Rep. Issuer D,T Z,rC
Violation Base No.
LPO J fir° " A B D
ft,.. /cam ��- Violated Permit No. 9 6 3- C
LPj / (if applicable)
Violation Description Was activity permittable? Yes / No
r`
Initial Discovery Date 'i'/ >'° r Discovery Method pt, t7 e1
Violation Description �rw �iun of ^ ' o7`rf0 ^'l "�Ar Sri
Respondent Information Prior Violations in same AEC: Yes / o Case Number or -IrCOT
Respondent Names) 0, V. AJ• - (Landowner/Agen ontractor)
Address �. 0. BMX �� ( City %tR./'i'l4* State A"'C Zip a �
Phone # ? yr- 7 9 o P Fax # r-n)?'Y
Email
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
l?
No Permit 4rival ommunity Major of Present Present
C M Y,�
Permit Condition Govt./Public Minor D&
Expired Permi Commercial General
Inconsistent wl Rules
Violation Location and Site Description
/V( of /c
Project Location: County �urtic '
Rover File
Shoreline Length ��o r
Street Address/ State Road/ Lot #(s)
f,r�d•
SAY; Not Sure Yes No
z64 oiu�ll af��
`^
Sandbags: Not Sure Yes is
Subdivision
G
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PNA: Yes IN Adjacent
ORW: ®
City /� / N ZIP ��l6
Yes Adjacent
I
Crit. Hab. Yes No
Phone # ( ) River Basin
Photos ye'
Adj. Wtr. Body �y R i J✓ na an /unkn) Waiver Required Yes l�
Closest Maj. Wtr. Body tooo ^y �(✓•,-
In DWQ Buffer Area es No
Restoration
Extension Granted Yes No
NOV Date 7 Initial Req. Comp. Date
1V1/9
Restoration Letter
CNOV Date Date Comp. Observed
Acceptance Date
Penalty Assessment
7J.040/19 Reef. Recomm. Assess. DCM Assess.
A Fee
/� /1 /►� 1 �
l �` V�
Sent to Respondent Date PP'/Permit
$fir/r" $
Penalty
$ /V/h $
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No Willful/Intent.
$ $
Continuing
$ $
Other
$ $
NIA
Total

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 / CO If yes, which types:
CW EW Cam' ES PTS
OEA HHF IH SA IDS Cl SY 1R LS TY
SS SC SP 404
PWS: FC.
Other'.
Restoration Required by the Respondent Yes /io
Dimensions in excess
of permit/ unauthorized activities
Development Activities
Habitat Description
NOTES:
Closing
Payment Received $
Date
Dimensions to restore
f
Final dimensions Actually restored
allowed
Date Case Closed

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N.C. Division of Coastal Management
400 Commerce Avenue
Morehead City, N.C. 28557
808-2808

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1. Article Addressed to:
Mr. D. K. Slade
P0Box 271
Merritt, NC 28556
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