05-14B Linton

North Carolina
Michael F. Easley, Governor
*8 10
AM. WL04 Ted
NCDENR Ronda Roy
Department of Environment and Natural Resources
Division of Coastal Management
Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
16 August 2005
PxCz;
CERTIFIED MAIL 7003 3110 0002 0605 8884 '-
RETURN RECEIPT REQUESTED
AUG I e z005
Mr, George Linton
4229 NC 92 Highway East M0reF1eap Cih
Bath, North Carolina 27889
RE, NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-14B
Dear Mr. Linton:
This letter is in reference to our 9 August 2005 meeting onsite Mrs. Judy Taylor's property at 380 Queen
Anne Drive off SR 1774, adjacent Mixon Creek which connects into the Pamlico River, near the Town of
Bath, in Beaufort County, North Carolina. The purpose of the onsite meeting was to discuss permit
requirements for bulkhead construction on the aforementioned property. This letter also references our 16
August 2005 telephone conversation.
Information gathered by me for the Division of Coastal Management indicates that your actions as
contractor for Mrs. Taylor 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 North Carolina Department of Environment and Natural Resources pursuant to the North
Carolina General Statutes (N.C.G.S.)113A-118.
Information I have indicates that you have undertaken or are legally responsible for the construction of t15'
of wooden bulkhead on the aforementioned property. This activity took place within the Public Trust Area
and the Coastal Shoreline that is contiguous with Mixon Creek. Public Trust Area and Coastal Shoreline
areas are designated as Area(s) of Environmental Concern (AEC). No permit was issued to you for work in
these areas. Based on these findings, I am initiating an enforcement action by issuing this Notice of
Violation for violation of the Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further development and contact me about this
matter. 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 $2,500. An injunction or criminal penalty may also be sought to
enforce any violation in accordance with N.C.G.S.113A-126.
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net

�f
George Linton
16 August 2005
Page 2 of 2
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty $200 against all
violations. 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.
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, (�
David W. Moye
Express Permit Coordinator
c: Ted Tyndall, Assistant Director, DCM
Terry Moore, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Raleigh Bland, US Army Corps of Engineers
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net

J•"
Y•
— InCM ENFORCEMENT TRACKING REPORT
Issuer D 5 , k 4
Field Rep. vim— Violation Base No. A C D
LPO AEl
LPJ �u Violated Permit No, N Ii
lr. (1f applicable)
Violation Description
Initial Discovery Date N pv.6
Violation Description kz1 %\e
a \C' c
Respondent Name(s) \---"
4 AZA Me -
0\q
Phone
Email N I�
Was activity permittable7 Yes /
Method
t
Violations in same AEC: Yes
,tl.�•o4 LaJ city
Fax # &S I.O1a3 - kzk`t \
State WS- Zip
Violation Type:. Project Type: Authorizations Required:
Site Visits Respondent
Present
Site Visits
Respondent
Present
No Permit ®privatelComrnuniry El Major [�9 CAMA
9 t1S' ®
❑
Permit Condition ❑ GovtlPuhlic ❑Minor ❑ D&F
❑
❑ Expired Permit ❑ Commercial General
�_
❑
��
❑ Inconsistent wl Rules
Violation Location and Site Description
Rover File
15
f
Project Location: County
Shoreline Length
.
Street Address/ State Road/ Lot #(s)`y
SAV: NacSure
Yes
(Ctic?
11�
Sandbags: Not Sure
PNA:
Yes
QD
YVd
No 'AdJacent
cy
Subdivision `)
ZIP al V0q,,
pRW;
Crit. Hab.
Ye:
Yes
®
No
ad)acerrc
City%c
River Basin tf - 05,1-& W
Photos
No
Phone # C—)
�?cc�/tnil. lunknL
Body
Waiver Required
Yes
No
Adj, Wtr,
In DWQ Buffer Area
Closest Maj. WtcBody \eQ
Restoration
Extension Granted
Yes
No
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
No
Initial Req. Comp. Date _
Date Comp. Observed
Restoration Letter
Acceptance Date
71.0409 Ref.
Recomm. Assess.
DCM Assess_
AppJPermit Fee �^
$
$
Penalty
$
$
Willfullintent. I
$
$.
Continuing
$
$
Other
$�
$.
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment
Assessment Appealed Yes No
❑ Penalty modried
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent not respomiva to penalty/Nov ❑ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes /®o If yes, which types:
CW EW ® ES (9)l SA DS ci SY A LS Ty
OEA HHF IH UBA NIA SS SC SP 404
PWS: FC:
[�mer
Restoration Required by the Respondent Yes 1�No
NOTES:
Closing
Payment Received c nate Date Case Closed

NCDENR
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
16 August 2005
CERTIFIED MAIL 7003 3110 0002 0605 8884 U jj
RETURN RECEIPT REQUESTED
AUG ] 8 Op5
Mr. George Linton
4229 NC 92 Highway East Moretuma clty
Bath, North Carolina 27889
RE, NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-148
Dear Mr. Linton
This letter is in reference to our 9 August 2005 meeting onsite Mrs. Judy Taylor's property at 380 Queen
Anne Drive off SR 1774, adjacent Mixon Creek which connects into the Pamlico River, near the Town of
Bath, in Beaufort County, North Carolina. The purpose of the onsite meeting was to discuss permit
requirements for bulkhead construction on the aforementioned property. This letter also references our 16
August 2005 telephone conversation.
Information gathered by me for the Division of Coastal Management indicates that your actions as
contractor for Mrs. Taylor 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 North Carolina Department of Environment and Natural Resources pursuant to the North
Carolina General Statutes (N.C.G.S.) 11 3A-1 18.
Information I have indicates that you have undertaken or are legally responsible for the construction of t15'
of wooden bulkhead on the aforementioned property. This activity took place within the Public Trust Area
and the Coastal Shoreline that is contiguous with Mixon Creek. Public Trust Area and Coastal Shoreline
areas are designated as Area(s) of Environmental Concern (AEC). No permit was issued to you for work in
these areas. Based on these findings, I am initiating an enforcement action by issuing this Notice of
Vloladon for violation of the Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further development and contact me about this
matter. 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 $2,500. An injunction or criminal penalty may also be sought to
enforce any violation in accordance with N.C.G.S. 11 3A-1 26.
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net

George Linton
16 August 2005
Page 2 of 2
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty $200 against all
violations. 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.
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,
David W. Moye
Express Permit Coordinator
c. Ted Tyndall, Assistant Director, DCM
Terry Moore, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Raleigh Bland, US Army Corps of Engineers
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net