05-03B Hopkins

DCM ENFORCEMU-2-7 T'?AC :!N" —� FZEPORT
I�r ,/
Field Rep. 4LL-/ �Vry Vi, r,,< N .�'�15.�
A B C D
LPO =
LPJ �� r" -o aZ `7 Violated Permit No.
4
lit eppliWble) '
liitir.......+..L+'
Violation Description Was activity permittable. Yes No
Initial Discovery Date �,sA,1-sm,5- Discovery Method GUMp�1A 1Lt
Violation Description tz PTO A. -Se-5 57--A C t FT , A
Prior Violations in same AEC:CYe_s No 1
Respondent Name(s) 7, A t­\ C- 5 V • N v Pt „-t y J'R .
Address t `3 9 D D L•0 -4 ,'A , to -6 01it "k.at , �,„/ City-'t.,)A � e ti
Phone #
Email
AlViolation Type:
No Permit
_i Permit Condition
Expired Permit
Inconsistent wl Rules
Fax #
Project Type: Authorizations Required:
Private/Community X. Major CAMA
rl Govt/Publicj Minor ❑ D & F
u Commercial J General
Violation Location and Site Description
Project Location: County S e-wT , e-
Street Address/State Road/ Lot #(s)
CD
i E.4e lDLEY.A> 1-�
City (ot,e-C-A. -) ZIP 'L7424
Phone# (_) River Basinow41`
Adj. Wtr. Body 64 pwA r1 T-4v'8 12 aG t�ilnan /unkn)
Closest Maj. Wtc Body C4-pwA-73
Restoration
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date -_..
Rcvd by DCM Date
Assessment Extended Yes No
Initial Req. Comp. Date
Date Comp. Observed
State ic� C Zip :? 7 f5 t L.D.
Site Visits Respondent
Present
(at Ail
OS
J
Rover File
Shoreline Length
Site Visits Respondent
Present
_I
SAV: Not Sure Yes o
Sandbags: Not Sure Yes No
PNA: Yes RJo
ORW: Yes - o
Crit. Hab. Yes No
Photos Yes
Waiver Required Yes No
In DWQ Buffer Area Yes f�
Specify DWQ Buffer if applicable: �J
nAnn s_a
Extension Granted Yes
Restoration Letter
Acceptance Date
A djwent
. facent
No y U t
App./Permit Fee
$ Z 5 D oc
Is ze3-6
Penalty
$ ) Ov oo
is iced o0
WillfuVlntent.
i$ 3SO eo
;S3sG `o
Continuing
is
$
Other
s
$
Total
700 .
�—? . UO

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment S Date
Assessment Appealed Yes
Penalty modified
No
I
Attorney General's Office for Injunction or Formal Collection
Date sent to AG ❑ Respondant 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 No If yes, which types:
CW EW PTA ES PTS
OEA SA DS . ..CJ SY - IR LS TY
PWS: FC: SS SC SP IF BF 404
Restoration Required by the Respondent Yes GN
Dimensions In excess -e
Dimensions to restore
!of permit/ unauthorized activities!
Final dimensions 1
! Actual! restored
allowed y
Development Activities
eT r-1 I -
Habitat Description
NOTES:
—t—)-'4 ) 1;, 1 e.
Closing
Payment Received S Date�4 �-7 Date Case Closed :5 -7

05-03B
FOR FILE ONLY - NOT MAILED
31 January 2005
Mr. James Hopkins `
1880 Old Pamlico Beach Road West
Belhaven, NC 27810
RE: Payment of Proposed Penalty for Violations of the Coastal Management Act
Committed in Bertie County
CAMA Violation No. 05-03B
Dear Mr. Hopkins:
This letter will acknowledge receipt of Money Order No. 45734161011 in the amount of
$500, and dated 31 January 2005. This Money Order was delivered by Robbie Hopkins to the
office of the Division of Coastal Management. Once this amount is credited to the Department of
Environment and Natural Resources account, this matter will be fully and completely closed.
ti
If you have any further questions concerning this'inatter, please contact R. Kelly Spivey,
[phone], Extension 252-948-3853 at the Washington Regional office.
Sincerely,
e
Terry E. Moore
District Manager
Division of Coastal Management
Washington Regional Office
c: Charles Jones - Director, DCM
Roy Brownlow — Compliance & Enforcement Coordinator
R. Kelly Spivey - Coastal Management Representative, WaRO, DCM

(� 05-03B
North Carolina Department of Environment and Natural Resources .
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
NOTICE OF VIOLATION
12 January 2005
MAIL 7003 3110 0002 06031597
RETURN RECEIPT REQUESTED
Mr. James R. Hopkins, Jr.
Hopkins Marine Construction
1880 Old Pamlico Beach Road West
Belhaven, North Carolina 27810
Dear Mr. Hopkins:
This letter confirms that on 6 January 2005, Terry Moore, District Manager Division of
Coastal Management and I, were onsite property owned by Mr. Wood Beasley III located off SR
1335, on the Chowan River near Colerain in Bertie County, North Carolina. The purpose of our visit
was to monitor work authorized by CAMA General Permit No. 37117-B, which was issued to Mr.
Wood Beasley III on 23 February 2004. This letter also confirms our 10 January 2005 telephone
conversation.
Information gathered by me for the Division of Coastal Management indicates that your
actions as contractor for Mr. Wood Beasley III are in violation of the Coastal Area Management Act
(CAMA).
No person may undertake major development in a designated Area of Environmental
Concern (AEC) without first obtaining a permit from the N.C. Department of Environment and
Natural Resources. This requirement is imposed by N. C. General Statute (herein abbreviated N. C.
G. S.) 113A-118. Information I have indicates that you have undertaken, or are legally responsible
for the unauthorized construction of a jet ski/small boat lift at the waterward end of Mr. Beasley's
pier. CAMA General Permit No. 37117-B authorized you to reconstruct/replace a 6' x 186pier with
a 22' x 14' L-Head platform, 4' x 16finger pier,1 P x 12' boatlift and one wet boat slip. The number
of fixed boat slips permitted was two. The addition of the jet ski/small boat lift brings the total
number of fixed slips to three. You have failed to comply with Specific Condition 15 NCAC 07H
.2505(a) of the aforementioned permit that states in part, "No structural enlargement or additions
shall be allowed". This unauthorized activity took place within Estuarine Water and Public Trust
Area of the Chowan River. Estuarine Water and Public Trust Area are both designated Areas of
Environmental Concern (AECs) and the permit was not issued for the development you undertook in
these areas. Therefore, I conclude'that you are in violation of the Coastal Area Management Act.
943 Washington Square Mall, Washington, North Carorma 278B9
Phone: [phone] FAX: [phone] Internet www.nccoastalmanagementnett
N�ca`hCarolina
J�a&Mliy
An Equal Opportunity1 Affirmative Action Employer-50°/ Recycled 110°/ Post Consumer Paper

05-03B
Mr. James R. Hopkins, Jr.
d 0 January 2005
Page Two
u
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 separate violation which is subject to an additional assessment of up
to $2;500. An injunction or criminal penalty may also be sought to enforce any violation.
N.C.G.S. 113A-126.
It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed
$2,500 against all violations. 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 the damage to them.
Based upon N. C. Administrative Code 7H. State Guidelines for Areas of Environmental
Concern, the addition of the jet ski/small boat lift could have been permitted via the CAMA Major
Permit process; therefore, no restoration or structural modification will be required by this Division.
Based upon Subchapter 7J .0409(f)(4)(F)(ii) of the N.C. Administrative Code, it is the policy
of the Coastal Resources Commission to levy civil assessments against contractors. Therefore, since
this is your third Notice of Violation within the same Area of Environmental Concern, you should
expect a civil assessment to be levied against you.
Thank you for your time and cooperation in resolving this matter. If you have any questions
about this or related_matters, please call me at [phone]. Pending an enforcement report to be
submitted, you will be notified as to the amount of a civil assessment for undertaking development
without the proper permits.
Sincerely,
R. Kelly Spivey
Coastal Management Representative
Division of Coastal Management
Washington Regional Office
c: Terry E. Moore- District Manager, Washington Office, DCM
Ted Tyndall - Assistant Director, DCM .
Roy Brownlow - Enforcement Coordinator, DCM
Raleigh Bland - U.S. Army Corps of Engineers, Washington Office

CAMA VIOLATION #05-03B
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I, James R. Hopkins, Jr., Hopkins Marine Construction, understand that the staff
of the Department of Environment and Natural Resources will propose the assessment of
a civil penalty in the amount of $700 against me. for violation of the Coastal Area
Management Act, NCGS 113A-100 et sea., committed on or near property owned by Mr.
Wood Beasley, III, located off SR 1335, on the Chowan River, in Colerain, Bertie
County, North Carolina.
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
.s-6>0
13 January 2005, and agree to pay the proposed civil assessment of $q6H.
Date ignature
,( / 3
Address
/VC'- 272,cD
Telephone Number

North Carolina Department of Environment and Natural Resources 0'-03B
Division of Coastal Management
Michael F. Easley, Govemor Charles S..Jones, Director William G. Ross, Jr., Secretary
13 January 2004
CERTIFIED MAIL 7003 3110 0002 0603 1603
RETURN RECEIPT REQUESTED
Mr. James R. Hopkins, Jr.
Hopkins Marine Construction
Belhaven, North Carolina 27810
Dear Mr. Hopkins:
This letter is in reference to the Notice of Violation that R. Kelly Spivey,
representative for the Division of Coastal Management, issued to you on 13 Januanr 2005
for unauthorized development in violation of the Coastal Area Management Act
(CAMA). The violation occurred on -site property owned by Mr. Wood Beasley, III,
located off SR 1335, on the Chowan River, in Colerain, Bertie County, North Carolina.
The violation resulted from the construction of a jet ski/small boatlift at the water -ward
end of Mr. Beasley's pier. The structure was constructed within the Public Trust Area and
Estuarine Waters of the Chowan River, both of which are designated Areas of
Environmental Concern by the Coastal Resources Commission.
1
The Coastal Area Management Act provides that a civil assessment of up to
$2,500 may be assessed against 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 cost of investigating violations and/or to compensate the public for any damage to its
natural resources.
Under the rules of the Coastal Resources Commission, a proposed civil penalty in
the amount of $700 is appropriate for this violation. You may expeditiously resolve this
matter prior to the assessment of a formal civil penalty by accepting responsibility for the
violation and paying the amount proposed above. In order to do this, you must: (1) sign
one of the attached copies of an "Agreement to Pay Civil Assessment"; (2) attach a check
or money order for $700 made payable to the North Carolina Department of Environment
and Natural Resources (NCDENR); and (3) return the signed agreement and payment to
this office in the enclosed, self-addressed envelope within ten (10) days of receipt of this
letter. Upon deposit of your check in the Department's account, you will receive a Notice
of Compliance officially closing this enforcement action.
Ivor Carolina
943 Washington Square Mall, Washington, North Carolina 27889 Aatmrllt't'lf
Phone: [phone] FAX: [phone] Internet: www.nocoastalmanagementnell
An Equal Opportunity1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Mr. James R. Hopkins, Jr.
Hopkins Marine Construction
Page 2
19 January 2005
If you do not send a signed agreement and payment to this office within ten (10)
days, the Director, Division of Coastal Management, will formally assess a civil penalty
against you. You will then have the opportunity to request a hearing on the penalty or
request remission of the penalty.
Thank you for your time and cooperation in resolving this important matter. If you
have any questions, please do not hesitate to contact me at 252-948-3851.
Sincerely,
Terry E. Moore
District Manager
Division of Coastal Management
Washington Regional Office
ENCLOSURE
c: Ted Tyndall - Assistant Director, DCM
Roy Brownlow - Compliance Coordinator, DCM
R. Kelly Spivey - Field Representative, Washington Regional Office, DCM
Raleigh Bland - U.S. A rmy Corps of Engineers