06-19B NC State Construction

I
n 1
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
1#03U, I
Charles S. Jones, Director William G. Ross, Jr., Secretary
29 November 2006
Doug Edwards, PE
NC State Construction, Department of Administration
301 N. Wilmington Street
NC Education Building Suite 450
Raleigh, NC 27601
RE a4 2006
Morehead City DCM
RE: Payment of Proposed Penalty for Violations of the Coastal Management Act
Committed in Hyde County
CAMA Violation No. 06-19B
Dear Mr. Edwards:
This letter will acknowledge receipt of Check No. 375 in the amount of 500.00, and dated
20 November 2006. Once the amount of the check is credited to the Department of Environment
and Natural Resources account, this matter will be frilly and completely closed.
If you have any further questions concerning this matter, please contact Steve Trowell,
(252)-948-3854, 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
Steve Trowell - Coastal Management Representative, WARD, DCM
943 Washington Square Mall, Washington, North Carolina 27889
Phone:[phone] FAX: [phone] Internet: www.ncccastalmanagementnetl
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

W
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director WilliATioss, Jr.. Secretary J
�� VV
DEC - 4 2006
29 November 2006 Morehead City DCM
Doug Edwards, PE
NC State Construction, Department of Administration
301 N. Wilmington Street
NC Education Building Suite 450
Raleigh, NC 27601
RE: Payment of Proposed Penalty for Violations of the Coastal Management Act
Committed in Hyde County
CAMA Violation No. 06-19B
Dear Mr. Edwards:
This letter will acknowledge receipt of Check No. 375 in the amount of 500.00, and dated
20 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 Steve Trowell,
(252)-948-3854, 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
Steve Trowell - Coastal Management Representative, WARD, DCM
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] \ FAX: [phone] \ Internet .nocoastalmanagement.netl
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

27-Dec-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME'.
(, CASE IS OPEN I 06-196INC STATE CONSTRUCT DEPT. OF ADMIN C/O ALAN COIDAN, P.E.
(*' CASE IS CLOSED Previous Violations in Same
NOV DATE CLOSURE DATE Elapsed Days SECTOR F!] AEC for Similar ACtivitleF,
P Y AFFLILIATION
F —8112/2006 RESPONSIBLE AGENT PUBLIC XLINK.
�— Duplicate Record 953
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
301 N. INILMINGTON ST RALEIGH NC 27601- Show Related Violations
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
OCRACOKE COAST GRID ST JOCRACOKE 1PAMILICO SOUND f—
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WARO HYDE IMOORE INot Available
l CW ❑ EW El PTA ©ES ElPTS
VIOLATION TYPE AFFECTED AEC(S) "
MINOR CAMA [_, OEA ❑ HHFA F 1 IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
Unauthorized minor development by clearing and grading land within the ES AEC adajacent to Pamlico Sound.
[RESTORATION STATUS RESTORATION REQUEST DATE COMPLETION DATE
(_] RESTORATION REQUIRED I
[_I RESTORATION NOT REQUIRED - CONTRACTOR
J RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
[J RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
ASSESSMENT DATE
NALTY STATUS
-PE10/9l2006
LJ PENDING
RESTORATION EXTENDED RESTORE DATE
❑ DEADLINE
EXTENDED
❑ REFERRED TO.AG'S OFFICE r- INJUNCTION
INJUNCTION REFER DATE: i
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: I
PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
$500 11l29/2006 $500
PENALTY ISSUED V WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ CNOV ISSUED r—CNOV DATE
❑ PENALTY NOT ISSUED ❑ PENALTY APPEALED r APPEAL DATE
CONRACTOR'S FIRST OFFENSE ❑ FORMAL CPA ISSUED I - FORMAL CPA DATE
❑ SETTLED. AGREED UPON. STIPULATED PENALTY r —SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY r—UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.) �—
AMOUNT OF RESTORED AREA (SQ. FT) �—
NOTES

> n

LSB 05 RB
ATB i,WMTT
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
9 October 2006
CERTIFIED MAIL 70051820 0003 6593 3569 U C 1 I aflflri
RETURN RECEIPT REQUESTED
Doug Edwards, PE Morehead City DEM
NC State Construction, Department of Administration.
301 N. Wilimington Street Ou - 1 Qr R)
NC Education Building Suite 450 1
Raleigh, NC 27601
Dear Mr. Edwards:
This letter is in reference to the Notice of Violation that I sent you on 12 June 2006 for
unauthorized development in violation of the Coastal Area Management Act (CAMA). The
violation occurred onsite the NCAAT (North Carolina Association for the Advancement of
Teaching) property located off NC HWY 12 on the Pamlico Sound adjacent the entrance to
Silver Lake on Ocracoke Island in Hyde County, North Carolina. The violation resulted from
the unauthorized land clearing and grading in preparation to construct two parking lots. These
activities are part of a larger project to redevelop the site that includes a large marsh/Coastal
Wetland creation for shoreline stabilization. This unauthorized land disturbing activity took
place in the Estuarine Shoreline Area of Environmental Concern (AEC). Estuarine Shoreline is
defined in part, as the area extending landward from the normal water level along Estuarine
Waters for a distance of 75'. Estuarine Shoreline is a designated Area of Environmental Concern
and no permit was issued for this work in this area. Therefore I conclude that you are in violation
of the Coastal Area Management Act.
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 Coastal Resources Commission rules, a proposed civil penalty in the amount of
$500 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, waiving your
right to an administrative hearing, and paying the amount proposed above. In order to do this,
you must: (1) sign one of the attached copies of a "Waiver of Right to an Administrative Hearing
and Agreement to Pay Civil Assessment", (2) attach a check or money order for $500 made
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet: www.nocoastalmanagement.nett
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper

f
Mr. Doug Edwards
9 October 2006
Page Two
payable to the North Carolina Department of Environment and Natural Resources (NC DENR);
and (3) return the signed waiver and payment to this office in the enclosed, self-addressed
envelope within ten (10) days of receipt of this letter. Upon receipt of your check I will deposit it
in the Department's account and issue you a Notice of Compliance officially closing this
enforcement action. If you do not send a signed waiver 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 matter. If you have any
questions, please do not hesitate to contact me at my Washington Office, [phone].
Sincerely,
i
Terry E. Moore
District Manager
Division of Coastal Management
Washington Regional Office
ENCLOSURE
cc: Steve Trowell - Coastal Management Representative, DCM
Ted Tyndall - Assistant Director, DCM
Roy Brownlow — Enforcement Coordinator, DCM
Raleigh Bland - U.S. Army Corps of Engineers
Kyle Barnes — Division of Water Quality

North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director Wiliam G. Ross, Jr., Secretary
9 October 2006
CERTIFIED MAIL 7005 1820 0003 6593 3569
RETURN RECEIPT REQUESTED
Doug Edwards, PE
NC State Construction, Department of Administration.
301 N. Wilimington Street
NC Education Building Suite 450
Raleigh, NC 27601
Dear Mr. Edwards:
OCT 1 6 2006
Morehead City DCM
This letter is in reference to the Notice of Violation that I sent you on 12 June 2006 for
unauthorized development in violation of the Coastal Area Management Act (CAMA). The
violation occurred onsite the NCAAT (North Carolina Association for the Advancement of
Teaching) property located off NC HWY 12 on the Pamlico Sound adjacent the entrance to
Silver Lake on Ocracoke Island in Hyde County, North Carolina. The violation resulted from
the unauthorized land clearing and grading in preparation to construct two parking lots. These
activities are part of a larger project to redevelop the site that includes a large marsh/Coastal
Wetland creation for shoreline stabilization. This unauthorized land disturbing activity took
place in the Estuarine Shoreline Area of Environmental Concern (AEC). Estuarine Shoreline is
defined in part, as the area extending landward from the normal water level along Estuarine
Waters for a distance of 75'. Estuarine Shoreline is a designated Area of Environmental Concern
and no permit was issued for this work in this area. Therefore I conclude that you are in violation
of the Coastal Area Management Act.
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 Coastal Resources Commission rules, a proposed civil penalty in the amount of
$500 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, waiving your
right to an administrative hearing, and paying the amount proposed above. In order to do this,
you must: (1) sign one of the attached copies of a "Waiver of Right to an Administrative Hearing
and Agreement to Pay Civil Assessment", (2) attach a check or money order for $500 made
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet: www.nocoastalmanagement.net'
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Mr. Doug Edwards
9 October 2006
Page Two
payable to the North Carolina Department of Environment and Natural Resources (NC DENR);
and (3) return the signed waiver and payment to this office in the enclosed, self-addressed
envelope within ten (10) days of receipt of this letter. Upon receipt of your check I will deposit it
in the Department's account and issue you a Notice of Compliance officially closing this
enforcement action. If you do not send a signed waiver 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 matter. If you have any
questions, please do not hesitate to contact me at my Washington Office, [phone].
Sincerely,
Terry E. Moore
District Manager
Division of Coastal Management
Washington Regional Office
ENCLOSURE
cc: Steve Trowell - Coastal Management Representative, DCM
Ted Tyndall - Assistant Director, DCM
Roy Brownlow — Enforcement Coordinator, DCM
Raleigh Bland - U.S. Army Corps of Engineers
Kyle Barnes — Division of Water Quality

[Fwd: Old Coast Guard Station, Ocracoke Village]
Subject: [Fwd: Old Coast Guard Station, Ocracoke Village]
From: 'Charies.S.Jones' <[e-mail]>
Date: Fri, 21 Jul 2006 07:14:17 -0400
To: Terry Moore <Terry. Moore@ncmail. net>, Steve Trowell <[e-mail]>
CC: 'Ted.Tyndall' <[e-mail]>, Roy Brownlow <Roy.Brownlow@nc mail.net>
tyi
— Original Message —
Subject:Old Coast Guard Station, Ocracoke Village
Date:Thu, 20 Jul 200616:28:42 -0400
From:Alan Klimek <alan.klimekitlncmail.net>
To:Bill Ross <Bill. Ross(cbnomail. net>, Dempsey Benton <dempsey.benton(o),ncmail net>, Mary Penny
Thompson <mary.p.thompson(tQncmail.net>
CC:Charies S Jones <Charies.S.Jones(cDncmail.net>, DEXTER MATTHEWS
<DEXTER. MATTHEWS(cbncmail.net>
Charles Jones, Dexter Matthews and I have discussed which agency should
take the lead on this issue and have concluded that based on what we
know to date, DWQ would be the appropriate agency. We agreed to keep the
lines of communication open in case new informationwould indicate the
need for a change (for example, perhaps DWM would need stronger
involvement if we find something more akin to a dump with more elevated
levels of pesticides, but it is unlikely that DCM would need to take the
lead). Please advise if you have a preference on how to keep you abreast
of our joint progress in this matter. Staff are investigating the site
today so I anticipate a plan of action will start to develop by early
next week.
lofl
7/24/2006 9:13 AM

Y
North Carolina Department of Environment and Natural Resources 06-19B
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
NOTICE OF VIOLATION
12 June 2006
CERTIFIED MAIL 7006 0100 0000 8384 3619
RETURN RECEIPT REQUESTED
Alain Coidan,PE
NC State Construction, Department of Administration.
301 N. Wilimington Street
NC Education Building Suite 450
Raleigh, NC 27601
Dear Mr. Coidan:
This letter confirms that on 7 June 2006, I met Mr. John Breshears with D. S. Simmons Inc.,
and Mike Johnson, onsite the NCAAT (North Carolina Association for the Advancement of
Teaching) property located offNC HWY 12, on the Pamlico Sound, adjacent the entrance to Silver
Lake, on Ocracoke Island, in Hyde County, North Carolina. The purpose of my visit was to monitor
work authorized via Minor CAMA Permit No. 20-2005 issued 5 August 2006 to fill and grade an
earthen berm on the aforementioned property.
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 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.) I I3A-118. Information I have indicates that you have undertaken, or are legally responsible
for, unauthorized land clearing and grading in preparation of constructing two parking lots. This
unauthorized work was undertaken in violation of Minor CAMA Permit No. 20-2005, Condition No.
1, that states: "All work must be performed in accordance with the plat submitted with your
application package. Any modification of the project will require approval from the Local Permit
Officer." These activities are part of a larger project to redevelop the,site that includes a large
marsh/Coastal Wetland creation for shoreline stabilization. This unauthorized land disturbing
activity took place in the Estuarine Shoreline Area of Environmental Concern (AEC). Estuarine
Shoreline is defined in part, as the area extending landward from the normal water level along
Estuarine Waters for a distance of 75'. Estuarine Shoreline is a designated Area of Environmental
Concern and no permit was issued for this work in this area. Therefore, I conclude, that yQu are m
violation of the Coastal Area Management Act. NN�`,,Carosna
dvatura!!1/
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet w .naoastalmanagementnetl
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Mr. Alain Coidan
12 June 2006
Page 2
JUN 29 2006
I request that you immediately CEASE AND DESIST er una onzed activities
within designated Areas of Environmental Concern. A civil as 5��t �45 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 minimum civil assessment of
$350 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 clearing and grading work is consistent with Sections .0209, Estuarine Shoreline.
Therefore there will be no restoration requested by this Division for the work that has already been
undertaken other than implementation of appropriate erosion and sedimentation control devices. The
temporary erosion control measures should remain in place in good working condition until a
sufficient ground cover is established. This unauthorized land disturbance of a once stable natural
shoreline has resulted in the need for further long-term shoreline stabilization. Until such time that
the necessary Major CAMA permit is obtained, all development/construction activities within
designated AECs under the jurisdiction of this Division should cease and desist. I encourage you to
contact Mr. Pat McClain with the Division of Land Resources in the Washington Regional Office,
[phone], reference intermediate and permanent soil stabilization measures. I also encourage
you to contact Mr. Kyle Barnes, at [phone], reference the Tar/Pamlico River Basin Buffer
Rule requirements.
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,
Terry E. Moore
District Manager
Washington Regional Office
c: - Ted Tyndall , Assistant Director, DCM Kyle Barnes — DWQ, WaRO
Steve Trowell — Coastal Management Roy Brownlow — Enforcement Coordinator
Raleigh Bland - USA COE, Washington Regional Area Pat McClain - Regional Engineer, WaRO, DLR

DCM ENFORCEMENT TRACKING REPORT
Field Rep. ZAL4 /91OiG � Vio!htt?n 5,.. No.
LPO' u A 6 C D
LPJ Violated Permit No. A/;1-9 r7--. a0^,ate
la+ppr�tie)
Violation Description/� Was activif y permittable? Yes ! No
Initial Discovery Date 2 7 /d6 Disctive�Method:KID
_ _ '&, 1f1/bTOri/i v
Viol ad t Descrioon ... ....(%/iRCtAm .d . 4leti 1-141 _ . /._/1 ..
Prior Violations in
Respondent
Phone # Fax#
Zip ,I 72� (
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent'*
❑ No Permit
❑ Private/Community
Major L9 CAMA
Present
�b P
Present
Permit Condition
® GovtlPublic
❑
Minor ❑ D&F
10
Expired Permit
❑ Commercial
❑
General
❑ Inconsistent wl Rules
Violation Location and Sit D scrip ion
Rover file .. ... _. _..... .... .....
Project Location: County , „�-- G" Shoreline Lenoth�/--VD
Street Address/ Stage Road_/ -lot # (s) ZT /� SAM Not Sure Yes o
Fal1w, LO/vJ�t "'�' L/ / ( Sandbags: Not Sure Yes o
Subdivision PNA: ' Yes Adjacent
City %�G�GZ�� �G zip p ORW Yes Adjacent
Crit. Hab. Yes
Phone River Basin. i Photos Yes N
Adj. Wtr. Body (�G/%1 iG/7 Sow fnat IPnn funkn) Waiver Required Y o
Closest Maj. Wtr. Body IR / O SDU/!
In DWQ Buster Area No
Specify DWQ Buffer if appricable:
Restoration
Extension Granted Yes No
NOV Date Initial Req. Comp. Date
Restoration Letter
CNOV Date Date Comp. Observed Acceptance Date
Penalty Assessment
Sent to Respondent Date
Rcvd by DCM Date _
Assessment Extended Yes No
7.1.0409 Ref. I Recomm. Assess.
DCM Assess.
AppJPerrnit Fee I
IS
$
Penalty
�s
IS
Willful/Intent i
Is
�$
Continuing
Is
1$
Other
S
I $
Total

Date Long Form SubinittedAssessment Appealed • Yes No
Date formal CPA Submitted
Pemitymodtfied
Final Assessment S hate
Attorney General's Office for Injunction or Formal Collection
Date sent to AG. ❑ Respondant not responsive to penalty/NOV ❑ Infimction to complete restoration
Date Collection Let Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected:' Wetlands Impacted? Yes !&. If yes, which types:.
CW EW PrA ES TS
OEA - HHF IH SA DS Cl !R 4
IF TY
SS SC SP IF BF 04
PWS: FC:
Other:
Restoration Required by the Respondent Yes A, No
Dimensions in excess
of permit) unauthorized activities
Dimensions to restore Final dimensions Actually restored
allowed
I Develo mentctiviGes
I I
I �
I Habitat Description
I 1
i
I
I I I
NOTES:
Closing
Payment Received S Date Date Case Closed

North Carolina Department of Environment and Natural Resources 06-19B
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G, Ross, Jr., Secretary
NOTICE OF VIOLATION
12 June 2006
CERTIFIED MAIL 7006 0100 0000 8384 3619
RETURN RECEIPT REQUESTED
Alain Coidan,PE
NC State Construction, Department of Administration.
301 N. Wilimington Street
NC Education Building Suite 450
Raleigh, NC 27601
Dear Mr. Coidan:
This letter confirms that on 7 June 2006, I met Mr. John Breshears with D.S. Simmons Inc.,
and Mike Johnson, onsite the NCAAT (North Carolina Association for the Advancement of
Teaching) property located off NC HWY 12, on the Pamlico Sound, adjacent the entrance to Silver
Lake, on Ocracoke Island, in Hyde County, North Carolina. The purpose of my visit was to monitor
work authorized via Minor CAMA Permit No. 20-2005 issued 5 August 2006 to fill and grade an
earthen berm on the aforementioned property.
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 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, unauthorized land clearing and grading in preparation of constructing two parking lots. This
unauthorized work was undertaken in violation of Minor CAMA Permit No. 20-2005, Condition No.
1, that states: "All work must be performed in accordance with the plat submitted with your
.application package. Any modification of the project will require approval from the Local Permit
Officer." These activities are part of a larger project to redevelop the.site that includes a large
marsh/Coastal Wetland creation for shoreline stabilization. This unauthorized land disturbing
activity took place in the Estuarine Shoreline Area of Environmental Concern (AEC). Estuarine
Shoreline is defined in part, as the area extending landward from the normal water level along
Estuarine Waters for a distance of 75'. Estuarine Shoreline is a designated Area of Environmental
Concern and no permit was issued f6 this work in this area. Therefore, I conclude, that yQu are in
na
violation of the Coastal Area Management Act. NQidreacoI
VVVatgr!llhf
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] % FAX: [phone] Internet: www.ncooastelmanagementnell
An Equal opportunity 1 Affrmative Action Employer— 50% Recycled 110% Post Consumer Paper

Mr. Alain Coidan
12 June 2006
Page 2
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 minimum civil assessment of
$350 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 clearing and grading work is consistent with Sections .0209, Estuarine Shoreline.
Therefore there will be no restoration requested by this Division for the work that has already.been
undertaken other than implementation of appropriate erosion and sedimentation control devices. The
temporary erosion control measures should remain in place in good working condition until a
sufficient ground cover is established. This unauthorized land disturbance of a once stable natural
shoreline has resulted in the need for further long-term shoreline stabilization. Until such time that
the necessary Major CAMA permit is obtained, all development/construction activities within
designated AECs under the jurisdiction of this Division should cease and desist. I encourage you to
contact Mr. Pat McClain with the Division of Land Resources in the Washington Regional Office,
[phone], reference intermediate and permanent soil stabilization measures. I also encourage
you to contact Mr. Kyle Barnes, at [phone], reference the Tar/Pamlico River Basin Buffer
Rule requirements.
Thank you for your time and cooperation in resolving this matter. If you have any questions
about this or related matters; please call meat [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,
(a)a�& k').\rv\,,,,
Terry E. Moore
District Manager
Washington Regional Office
c: Ted Tyndall - Assistant Director, DCM \ Kyle Barnes — DWQ, WaRO
Steve Trowell — Coastal Management oy Brownlow — Enforcement Coordinator
Raleigh Bland- USA COE, Washington Regional Area Pat McClain -Regional Engineer, WaRO, DLR

FUNCTION=> F BROWSE ENFORCEMENT CASES RRD230
SEL CASE NUMBER NAME
05-OW9-BA
NC STATE CONST, DEPT OF ADMIN
06-0019-BA
NC STATE CONSTRUCTION ADMIN
95-0048-CA
NC STATE PORTS AUTHORITY
89-DW3-CA
NC STATE PORTS AUTHORTTY/MCITY
MESSAGE: ALL RECORDS DISPLAYED FOR KEY ENTERED
PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT ACTION MENU PF7=BACKWARD PF8=FORWARD

F UNCTTO&=> C-----DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION----RRD210
CASE:050009B PERMIT#: CONSULTANT:TROWELL
NAME: NC STATE CONST, DEPT OF ADMIN ADDR: 301 N WILMINGTON STREET
CITY: RALEIGH STATE: NC ZIP: 27601 PHONE: [phone]
CNTY: HYDE NEAREST WATER BODY: TAR/PAMLICO ST PLANE X:
LPO : LOCALITY: NCAAT PROP -OLD COAST GUARD ST ST PLANE Y:
VIO DESC: UNAUTHORIZED PLACEMENT OF CONCRETE RUBLE/RIPRAP REVETMENT ALONG 75'
: OF EROSION ESCARPMENT, ES, PTA, CS
NOV SENT: 05 12 05 VIOLATION: MAJOR: Y MINOR PERM COND: CAMA: Y D&F: Y
RESTORE:N REQUESTED: COMPLETED:
ESTUARY: Y PUB TRST: Y SHORELINE: Y OCEAN HZ: OTHER: PRI NUBS: ORW:
WETLANDS: SA: DS: Cl SY: JR: LS: TY:
SS: SC: SP: IF: BF: WS: NW:
TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
-------------ASSESSMENT AND DISPOSITION------------------
REC ASSMT: 00200 REFERENCES: 0409174 CRITERIA:
REPORT RCVD: 06 07 05 ASSESSED: 200 TO GGC: 01 01 01 TO VIOLATOR: 06 0105
PAY REC: 200 ON: 06 07 05 CASE CLOSED: 06 15 05
#VIOLATORS: I TOTAL ASSESSMENT: 200 TOTRECEIVED: 200
MESSAGE: ENTER DATA YOU WISH TO CHANGE
PFI=HELP PF2=MAINMENU PF3=ENFORCEMENTMENU PF4=PREV SCREEN PFS=VIOLATOR

FUNCTI0)1=> C-----DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION ---RRD210
CASE: 060019B PERMIT #: CONSULTANT: MOORE
NAME: NC STATE CONSTRUCTION ADMIN ADDR: 301 N WILMINGSTON ST SU1TE 450
CITY: RALEIGH STATE: NC ZIP: 27601 PHONE:
CNTY: HYDE NEAREST WATER BODY: PAMLICO SOUND ST PLANE X:
LPO : G.T. PITTMAN LOCALITY: NCAAT, NC HWY 12 ST PLANE Y:
VIO DESC: UNAUTHORIZED LAND CLEARING & GRADING IN PREPARATION OF CONSTRUCTING
: TWO PARKING LOTS.
NOV SENT: 06 12 06 VIOLATION: MAJOR: Y MINOR PERM COND: Y CAMA: Y D&F:
RESTORE:Y REQUESTED: 06 12 06 COMPLETED:
ESTUARY: Y PUB TRST: Y SHORELINE: Y OCEAN HZ: OTHER: PRI NURS: ORW:
WETLANDS: SA: DS: CJ: SY: JR: LS: TY:
SS: SC: SP: IF: BF: WS: ME:
TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
--------ASSESSMENT AND DISPOSITION- -
REC ASSMT: 00000 REFERENCES: CRITERIA:
REPORT RCVD: ASSESSED: 0 TO OGC: TO VIOLATOR
PAY REC: 0 ON: CASE CLOSED:
#VIOLATORS: 1 TOTAL ASSESSMENT: 0 TOT RECEIVED: 0
MESSAGE: ENTER DATA YOU WISH TO CHANGE
PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PFS=VIOLATOR

18-Jul-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS CASENUMBER LASTNAME
CASE IS OPEN FIRST NAME BUSINESS NAME:
06-198 INC STATE CONSTRUCT DEPT. OF ADMIN C/O ALAN COIDAN, P.E.
CASE IS CLOSED I Previous Violations in Same
NOV DATE CLOSURE DATE AFFLILIATION
Ela sed Days SECTOR 41 AEC for Similar Activities
P Y
F_ f-_ I RESPONSIBLE AGENT IPUBLIC
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
301 N. WILMINGTO SST RALEIGH NC 27601- F
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
OCRACOKE COAST GRD ST 1PAMILICO SOUND
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WARD HYDE IMOORE F
VIOLATION TYPE AFFECTED AEC(S) ❑ CW ❑ EW ❑ PTA ©ES ❑ PITS
MINOR CAMA [, OEA ❑ HHFA [-' IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION I _--
Unauthorized minor development by clearing and grading land within the ES AEC adajacent to Pamlico Sound.
RESTORATION STATUS] RESTORATION REQUEST DATE COMPLETION DATE
RESTORATION REQUIRED I- I——
_ RESTORATION NOT REQUIRED - CONTRACTOR
RESTORATION NOT REQUIRED- PERMITTABLE DEVELOPMENT
RESTORATION NOT REQUIRED - FURTHER IMPACTS
[] RESTORATION PENDING
ASSESSMENT DATE
PENALTY STATUS
❑ PENALTYISSUED
❑ RESTORATION EXTENDED RESTORE DATE
DEADLINE
EXTENDED
❑ R'
INJUNCTION REFER DATE: I
El I-,' TO AG'S OFFICE-C
COLLECTION REQUEST DATE. F
PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
❑ PENALTY NOT ISSUED [I WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ CNOV ISSUED Fr_CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE El PENALTY APPEALED Ir -APPEAL DATE
El FORMAL CPA ISSUED I FORMAL CPA DATE
SETTLED. AGREED UPON, STIPULATED PENALTY F--SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY—UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resource
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SQ. FT) F_
NOTES

24-00-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS ; CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
L 06-198 INC STATE CONSTRUCT JDEPT.OFADMIN ICIO ALAN COIDAN, P.E.
CASE IS CLOSED I'
Previous Violations in 5am<_>
© NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR AEC for Similar Activities
6I12/2006. 'I ;3,1 RESPONSIBLE AGENT IPUBLIC Duplicate Record XLINK:
553
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
301 N. WILMINGTON ST IRALEIGH INC 27601- I Show Related Violations
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
OERA60KE COAST GRID ST OCRACOKE PAMILICO SOUND �—
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WARD JAYDE : MOORE __ No[ Available
VIOLATION TYPE
MINOR CAMA
NATURE OF VIOLATION
minor development by clearing
RESTORATION STATUS
❑ -
AFFECTED AEC(S} ❑ CW ❑ EW ❑ PTA © ES ❑ PTS
❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA
AEC DESCRIPTION
land within the ES AEC adajacent to
❑ RESTORATION NOT REQUIRED - CONTRACTOR
] RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED- FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
I_
❑ RESTORATION EXTENDED RESTORE DATE
DEADLINE
EXTENDED
❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE:
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: I
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUSI 10/9/2006 1 $500 1
❑ PENDING ® WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED)
PENALTY ISSUED ❑ CNOV ISSUED CNOV DATE
❑ PENALTY NOT ISSUED ❑ PENALTY APPEALED APPEAL DATE
❑ CONRACTOR'S FIRST OFFENSE FORMAL CPA ISSUED �— FORMAL CPA DATE
i]
❑ SETTLED. AGREED UPON, STIPULATED PENALTY I SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES