WQ0002284_Correspondence_19901102

N. C. DEPT. OF NATURAL
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State of North Carolina +.4 RISVILH E1csi 9W OFFICE
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27611
James C-Martin, Governor
William W. Cobey, Jr., Secretary
October 31, 1y�9,Q
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John C. Hunter
General Counsel
Office of General Counsel
Edwin L Gavin II
John P. Barkley
David G. Heeter
J. Peter Rascoe, III
James C. Hollaway
Leigh L Stal}figs
Robert R. Gelbium
Billy R. Godwin
Elizabeth E Rouse
Mr. C. Wayne Kinser, President 1X't 4t
Outer Banks Beach Club, Inc.
P. O. Box 6319
Asheville, North Carolina 28816
RE: Assessment of Civil Penalties dated August 28, 1990
Outer Banks Beach Club, Inc.
Dare County
Our File No. WQ 90-15
Dear Mr. Kinser:
I am writing in response to your letter dated October 25,
1990, regarding the above matter, which was received by this
office on October 261 1990.
In response to the questions you raised regarding requests
for remissions, I refer you to Title 15A of the North Carolina
Administrative Code (N.C.A.C.) 2J .0008 and 2J .0009.
With respect to your statutory analysis, you are correct in
stating that G.S. 150B-22 pronounces the policy of this state to
attempt to settle disputes such as this matter through informal
procedure. I submit that the foregoing policy was applied in
this case as it is in all such cases. You will recall that you
were notified of the subject violations by letters dated November
21, 1989, February 8, 1990 and February 27, 1990. During that
time you made no effort to reach a final resolution of the
pending violations. Notice of the subject civil penalty
assessment was served on all persons aggrieved in this matter on
September 14, 1990. On October 23, 1990, we received your
request that the assessment be dismissed. On October 30, 1990,
we received from you supplemental information in support of your
dismissal request.
As I told you in my letter of October 23, 1990, we are in
the process of thoroughly reviewing the allegations raised in
P.O. Box 27687 • Raleigh, North Carolina 27611-7687 • Telephone [phone]
An Equal Opportunity Affirmative Action Employer

your letters and intend to respond to your request for dismissal
as soon as we have completed our review. Moreover, we are
willing to continue to negotiate a settlement of this matter
after the 60 day time 'limit and a petition has been filed.
However, the applicable time limitation governing your right to
file a petition is set by G.S. 150B-23(f) and this Department
does not have the authority to grant an extension of the
statutory deadline. Pursuant to G.S. 150B-23(f), your deadline
for filing a petition in this matter expires on November 13,
1990. Due to the late date on which I received your
correspondence, I cannot assure you that I will be able to
respond prior to the aforesaid deadline.
Lastly, your letter of October 25, 1990, is not sufficient
to commence a contested case in this matter. I refer you to G.S.
150B-23 for the procedure required to commence a contested case..
If you have any additional questions or desire to discuss
this matter further, please do not hesitate to contact me.
Otherwise, I will contact you immediately upon the completion of
our review of your dismissal request.
Sincerely,
eiS L. Stallings
Deputy General Counsel
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bcc: Steve Tedder
Kent Wiggins
`Jim Mulligan