05-11B Lowe

North Carolina
Michael F. Easley, Govemor
Mr. Joseph C. Lowe
1908 Bay Drive
Kill Devil Hills, NC 27948
Department of Environment and Natural Resources
Division of Coastal Management
Charles S. Jones, Director William G. Ross, Jr„ Secretary
17 November 2006
\J
P§!'2 2 2000
Morehead City DCM
RE: Payment of Proposed Penalty for Violations of the Coastal Management Act
Committed in Hertford County
CAMA Violation No. 05-11B
Dear Mr. Lowe:
This letter will acknowledge receipt of Check No. 5559 in the amount of $350.00, and
dated 10 November 2006. 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 concerning this matter, please contact R. Kelly Spivey,
(252)-948-3853, at the Washington Regional office.
Sincerely,
Terry E. Moore
District Manager
Division of Coastal Management
Washington Regional Office
Cc: Ted Tyndall — Assistant Director, DCM
Roy Brownlow — Compliance & Enforcement Coordinator
R. Kelly Spivey - Coastal Management Representative, WaRO, DCM
943 Washington Square Mall, Washington, North Carolina 27889
Phone:252-94WBI 1 FAX:[phone] Internet ~.nccoastalmanagementneV
An Equal Opportunity 1 Affirmabe Action Employer— 50% Recycled 110% Post Consumer Paper

�oy COAS a[„i /
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
27 September 2006 2°y; OCT , s+
EIVw - `?• 1006
CERTIFIED MAIL 7003 3110 0002 0603 4734
RETURN RECEIPT REQUESTED
Morehead City DC
Mr. Joseph C. Lowe
1908 Bay Drive
Kill Devil Hills, North Carolina 27948
RE: CAMA VIOLATION #05-11 B
Dear Mr. Lowe:
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 29 June 2005 for unauthorized
development in violation of the Coastal Area Management Act (CAMA). The violation occurred
on -site your property located off SR 1441 (Swains Mill Road) adjacent the Wiccacon River in
the Town of Harrellsville, in Hertford County, North Carolina. The violation resulted from the
unauthorized filling and grading of f 2.0 acres of which f6,400 ftz was within the Coastal
Shoreline. The US Army Corps of Engineers delineated a portion of the graded and filled area
within the Coastal Shoreline as Section 404 wetlands. The violation involved Coastal Shoreline,
which is an Area of Environmental Concern designated by the Coastal Resources Commission.
Based upon a site visit conducted by Mr. Kelly Spivey of my staff and Mr. Josh Pelletier, U.S.
Army Corps of Engineers, on 20 September 2006 the restoration requested is complete to the
satisfaction of the Division of Coastal Management.
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 $350 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 fine of the attached
copies of an "Agreement to Pay Civil Assessment'; (2) attach a check or money order for $350
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
943 Washington Square Mall, Washington, North Carolina 278B9
Phone: 252-946-Mi \ FAX [phone] \ Internet, www.ncoosstalmanagement.neti

the Department's account, you will receive a Notice of Compliance officially closing,this
enforcement action.
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 252-948-3 85 1.
Sincerely,
Terry . Moore
District Manager
Division of Coastal Management
Washington Regional Office
ENCLOSURE
cc: Ted Tyndall - Assistant Director, DCM
Roy Brownlow - Compliance Coordinator, DCM
R Kelly Spivey - Field Representative, Washington Regional Office, DCM
David Lekson — U.S. Army Corps of Engineers

E
RB
MTT
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
27 September 2006
CERTIFIED MAIL. 7003 3110 0002 0603 4734
RETURN RECEIPT REQUESTED 2 Z006
Mr. Joseph C. Lowe Morehead City DCM
1908 Bay Drive
Kill Devil Hills, North Carolina 27948
RE: CAMA VIOLATION #05.11 B
Dear Mr. Lowe:
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 29 June 2005 for unauthorized
development in violation of the Coastal Area Management Act (CAMA). The violation occurred
on -site your property located off SR 1441 (Swains Mill Road) adjacent the Wiccacon River in
the Town of Harrellsville, in Hertford County, North Carolina. The violation resulted from the
unauthorized filling and grading of t 2.0 acres of which f6,400 ftz was within the Coastal
Shoreline. The US Army Corps of Engineers delineated a portion of the graded and filled area
within the Coastal Shoreline as Section 404 wetlands. The violation involved Coastal Shoreline,
which is an Area of Environmental Concern designated by the Coastal Resources Commission.
Based upon a site visit conducted by Mr. Kelly Spivey of my staff and Mr. Josh Pelletier, U.S.
Army Corps of Engineers, on 20 September 2006 the restoration requested is complete to the
satisfaction of the Division of Coastal Management.
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 $350 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 $350
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
943 Washington Square Mail, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] ! Internet w .nccoastalmanagement.net/

the Department's account, you will receive a Notice of Compliance officially closing this
enforcement action.
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 252-948-3 85 1.
Sincerely,
Terry. . Moore
District Manager
Division of Coastal Management
Washington Regional Office
ENCLOSURE
cc: Ted Tyndall - Assistant Director, ACM
Roy Brownlow - Compliance Coordinator, DCM
R. Kelly Spivey - Field Representative, Washington Regional Office, DCM .
David Lekson — U.S. Army Corps of Engineers

Northaro ina Uepartment of Environmentand Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G, Ross, Jr., Secretary
NOTICE OF VIOLATION
29 June 2005
CERTIFIED MAIL 7003 3110 0002 0605 8853
RETURN RECEIPT REQUESTED
Mr. Joseph Lowe
1908 Bay Drive
Kill Devil Hills, North Carolina 27948
Dear Mr. Lowe:
JUL 0 7 2005
Morehead City DCM
This letter confirms that on 7 June 2005, I met you onsite your property located off SR 1441.
(Swains Mill Road), adjacent the Wiccacon River, in the Town of Harrellsville, in Hertford County,
North Carolina. This letter also confirms our 29 June 2005 phone conversation. The purpose of this
on -site visit was to investigate unauthorized filling and grading.
Information gathered by me for the Division of Coastal Management indicates that you have
undertaken major development in violation of the Coastal Area Management Act (CAMA).
No person may undertake activity constituting major development within a designated Area
of Environmental Concern (AEC) without first obtaining a permit from the North Carolina
Department of Environment and Natural Resources. This requirement is imposed by North Carolina
General Statutes (NCGS)113A-118. Information I have indicates that you are responsible for the
unauthorized filling and grading of f 2.0 acres of which t6,400 ft2 is within the Coastal Shoreline.
The area affected within the Coastal Shoreline may be delineated as Section 404 Wetlands and fall
within the jurisdiction of the U.S. Army Corps of Engineers (USACOE). Coastal Shoreline is an
Area of Environmental Concern (AEC) as designated by the Coastal Resources Commission. The
Coastal Shoreline AEC is divided into two categories which are estuarine and public trust shoreline
AEC's. The above referenced unauthorized development has taken place within the public trust
shoreline AEC of the Wiccacon River, which is defined in part, as "those non -ocean shorelines
immediately contiguous to Public Trust Areas, and extending 30 feet landward of the normal water
level (NWL)." Therefore, I conclude that you are in violation of the Coastal Area Management Act
I request that you EgMEDIATELY CEASE AND DESIST any further unauthorized
development activities within any designated Areas of Environmental Concern. If the development
completed to date is not consistent with the applicable standards, as in this case, you will be required
to restore the area to its former condition and/or bring all aspects of the project into compliance with
Np `rthCoraoh;
943 Washington Square Mall, Washington, North Carolina 27889 QIl[rU !
Phone: [phone] FAX: [phone] Internet: www.nowastalmanaaement.nell

A_
Issuer
Field Rep.
17
LPl hf 5'>Ld-FoR Po (�r P.1
NG FrP0 cT
Violati,{-. Bnsa N
Violated Permit No.
(it applicable)
A B C D
Violation Description Was activity permittable? Yes
Initial Discovery Date 6 '7 os DiscoveryMethod Z)fr- Z.2Az-
Violation Description
Respondent
RespondentName(s) �� ws -arJ=tee
Address SAY Dzitic
Phone # C�5 2% 2 / 4,
CityA'� -+� Ilk", i State x)e Zip Z-2 9,V g
Fax#C2s2� 4L �L9 `d495L
Email
Violation Type:
Project Type: Authorizations Required:
Site Visits Respondent
Site Visits Respondent'
XI I No Permit
Private/Community Major CAMA
Present
Present
❑ Permit Condition
❑
❑Minor
Govt./Public ❑ D&F
� � s
�
❑
1 Expired Permit
❑Commercial'
❑General
❑
❑ Inconsistent wl Rules
—
Violation Location and Site Description
/
Rover File
_. .
Project Location: County . 4� zT-g�Z d2.
Shoreline Length Vco a
Street Address/ State Road/ Lot #(s) ar--/ $;2 / `11i_ f
SAV: Not Sure
Yes
No
-5�A�rlt /r�l/[�V �oRa
Sandbags: Not Sure
Yes
No
"—
PNA:
Yes
No Adjacent
Subdivision
ORW'
Yes
No Adjacent
I, Z 7 9 ri 2
City f-(R �9.-Fu-Su-tL— ZIP
Crit. Hab.
Yes
No
Phone" (_) River Basin G+/owA"I
Photos
Yes
No
Adj. Wtr. Body COg /r_ �J an /unknl
Waiver Required
Yes
No
�7
Cyo /�
In DWQ Buffer Area
Yes
to
Closest Maj. Wtr. Body tv4rJ
Specify DWQ Buffer if applicable:
Restnratinn
NOV Date 612912a1)<
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd by DCM Date
Assessment Extended Yes
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
No - WillfuUlntent.
Continuing
Other
Extension Granted Yes No
Restoration Letter
Acceptance Date
71.0409 Ref. I
Recomm. Assess. 1 DCM Assess.
$
is
s
!$
is
b
�$
$
is
Total I
is

4.
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, ❑ Respandant 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? es / No If yes, which types:
CW EW PTA ES PTS
OEA HHF IH SA DS CJ SY 1R LS TY.
PWS: FC: SS SC SP IF BF 404
Other:
Restoration Required by the Respondent Yes / No
Dimenslons In excess Dimensions to restore Final dimensions
of permit/ unauthorized activities allowed Actually restored
Development Activities
I I I
I
i I I
I I I
Habitat Description
I � I
I I I
NOTES:
Closing
Payment Received S Date Date Case Closed

27-Dec-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
ICASE STATUS'j CASE NUMBER LAST NAME
I FIRST NAME BUSINESS NAME:
CASE IS OPEN 7-118 LOWE IJOSEPH
CASE IS CLOSED I Previous Violations in Same
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR El AEC for Similar Activities
8f29/2005 F J,Ji� PROPERTY OWNER PRIVATE Duplicate Record XLINK:
744
MAILINGADDRESS
CITY STATE
ZIP CODE PHONE NUMBER
1908 BAY DR
KILL DEVIL HILL NC
27948- I
Show Related Violations
PROPERTY ADDRESS COMMUNITY
WATERBODY
NEAREST ROAD
SWAINS MILL RD
HARRELLSVILLE
IWICCACON RIVER
SR 1441
DISTRICT OFFICE
COUNTY DCM REPRESENTATIVE
LPO CONTACT
WARO
HERTFORD SPIVEY
Not Available
VIOLATION TYPE AFFECTED AEC S) t`i CW-i EW C PTA El ES © PTS
---�
MAJOR CAMA ;_] OEA LJ HHFA ❑ HA ❑ [I N PWS CRA
NATURE OF VIOLATION AEC DESCRIPTION ISECTION 404 WETLANDS
Unauthorized major development by filling and grading approximately 2 acres of which approximately 6,400 sq.ft is
within the CS AEC,
RESTORATION STATUS�
RESTORATION REQUIRED
RESTORATION NOT REQUIRED - CONTRACTOR
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
9l20/2006
RESTORATION EXTENDED RESTORE DATE
❑ DEADLINE
EXTENDED
❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE: F—
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: F—
PENALTY STATUS
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
9127l2006 $360 11/17/2006 $360
Li PENDING
❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED)
[] PENALTY ISSUED
❑ CNOV ISSUED F—CNOV DATE
PENALTY NOT ISSUED
❑ PENALTY APPEALED APPEAL DATE
[.j CONRACTOR'S FIRST OFFENSE
❑ FORMAL CPA ISSUED I FORMAL CPA DATE
❑SETTLED. AGREED UPON. STIPULATED PENALTY SETTLEMENT DATE
L UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES