GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 vessel constitutes an imminent hazard to safety, 



2 navigation, human health, or the environment, the 



3 Secretary may immediately remove the vessel from 



4 waters of the State prior to giving the notice 



5 required by subdivision (2) of this subsection. 



6 (2) The Department may require removal of t he vessel by 



7 giving notice to the registered owner of the vessel 



8 or other responsible party. The n otice shall 



9 require the owner or other responsible party to 



10 respond within 10 days and to remove the vessel 



11 from the waters of the State within 30 da ys of the 



12 receipt of the notice. Notice shall b e given by 



13 certified mail, return receipt requested, or as 



14 provided in G.S. lA-1, Rule 4(1) of the Rules of 



15 Civil Procedure. The notice shall be in writing to 



16 the person in whose name the vessel was last 



17 registered or other responsible party at the last 



address of record. If the value of the vessel is 

 more than $100 and the identity of the owner cannot 



be determined, notice by one publication in a 



newspaper of general circulation in the county 

 where the vessel is located shall be sufficient to 

 meet all requirements of notice. After giving the 

 required notice, the Secretary may proceed to 



25 remove the vessel from waters of the State. 



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26 (3) The owner of the abandoned vessel or responsible 



27 party shall be liable for any and all costs 

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incurred by the State in removing the vessel, 

 including costs to restore any damage to marine, 

 estuarine, or fisheries resources or l ands held by 

 the State in public trust. The Secreta ry may 

 authorize or contract with any federal, State, 

 county, or municipal authority or private 

 enterprise for removal of abandoned vessels, 

 restoration of resources, or any ot her services 

 necessary to remove, store, or dispose of abandoned 

 vessels and restore affected areas. The method of 

 removal, storage, and disposal of the abandoned 

 vessel, whether by the owner, a third party, or the 



ERCOO-SBZ-019.02 ^^^e 3 



