14-09B Lewis

r�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory
Governor
19 December 2014
Dr. and Mrs. David Lewis
48 Shady Banks Beach Road
Washington, NC 27889
John E. Skvarla, III
Secretary
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act
Committed in Beaufort County
CAMA Violation No. 14-09B
Dear Dr. & Mrs. Lewis:
This letter will acknowledge receipt of Check No. 2220 in the amount of $227.00, and
dated 12-18-14.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 me, (252)-948-
3853, at the Washington Regional office.
Sincerely,
R. Kelly Spivey
Interim District Manager
Division of Coastal Management
Washington Regional Office
Cc Roy Brownlow, Compliance & Enforcement Coordinator, DCM
Kevin Hart, Compliance and Enforcement Representative, WARD, DCM
RECEIVED
DEC 2 3 7014
943 Washington Square Mall, Washington, NC 27889 BEM-hiHB CITY
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Aclion Employer

N
e 14-09
North Carolina
Pat McCrory
Governor
Dr. and Mrs. David Lewis
48 Shady Banks Beach Road
Washington, North Carolina 27889
Dear Dr. Lewis:
CDEE R
Department of Environment and
Division of Coastal Management
NOTICE OF VIOLATION
16 December 2014
Natural Resources
John E. Skvarla, III
Secretary
RECEIVED
JAN 0 5 2015
M?-!0 AUH Cttv
This letter confirms that on 10 December 2014, I was adjacent to your property located off SR 1321 at 48 Shady
Banks Beach Road adjacent the Pamlico River near Washington, Beaufort County, North Carolina. This letter also
confirms our I 1 December 2014 telephone conversation. The purpose of my on -site inspection was to investigate the
unauthorized construction of a fence.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken minor
development in violation of the Coastal Area Management Act (CAMA).
No person may undertake activity constituting minor 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 construction of a vinyl fence within the Public Trust Shoreline of
the Coastal Shoreline Area of Environmental Concern. Coastal Shoreline is an Area of Environmental Concern (AEC) as
designated by the Coastal Resources Commission. Public trust shorelines AEC are those non -ocean shorelines
immediately contiguous to public trust areas located inland of the dividing line between coastal fishing waters and inland
fishing waters and extending 30 feet landward of the normal water level. A permit was not issued to you for this work.
Therefore, I conclude that you are in violation of the Coastal Area Management Act.
I request that you IMMEDIATELY CEASE AND DESIST any further unauthorized development activities
within any designated Areas of Environmental Concern. A civil assessment of up to $250 may be assessed against any
violator. Each day that the development activity described in this Notice is continued or repeated may be considered a
separate violation that is subject to an additional assessment of $250. An injunction or criminal penalty may also be
sought to enforce any violation as stipulated in NCGS 113A-126.
It is the policy of the Coastal Resource Commission to levy a minimum civil assessment of $227 against
all violations of this type. This is done to recoup some of the cost 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 amount of resources affected the extent of the damage to
the resources.
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Adon Employer

Dr. and Mrs. David Lewis
I December 2014
Page 2 of 2
RECEIVED
JAN 0 5 2015
1-0-0.-00M N-"
Based upon N.C. Administrative Code Title 15A Subchapter 7H, State Guidelines for Areas of
Environmental Concern, and the activity you have undertaken appear consistent with guidelines for Areas of
Environmental Concern. Therefore, restoration of the impacted area is not requested at this time. However, please
be advised that upon request, you must be able to provide us proof that you have given your adjacent riparian
property owners notice of this unauthorized development and provided them the opportunity to comment to the
Division of Coastal management.
Should you be requested to provide this documentation, you must provide confirmation that a written
statement has been obtained, signed by the adjacent riparian property owners, indicating that they have no objection
to the completed work; or you must provide confirmation that the adjacent riparian property owners have been
notified by certified mail of the completed work. This notice shall instruct adjacent property owners to provide any
comments on the completed development in writing to this Division within ten (10) days of receipt of the notice and
shall indicate that no response from them will be interpreted as not having any objection.
Thank you for your time and cooperation in resolving this important matter. If you have any questions
about this or related matters, please call me at [phone]. Upon my submission of an enforcement report to
the District Manager, you will be notified as to the amount of a civil assessment for undertaking development
without first obtaining the proper permit(s).
Sincerely,
R. Kelly Spivey
Coastal Management Representative
Cc: Roy Brownlow — Enforcement Coordinator, DCM
David Moye — Washington District Manager, DCM
Kevin Hart — Environmental Senior Specialist, DCM

���
MCCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Pa-1 MICCrory
Governor
18 December 2014
Dr. and Mrs. David Lewis
48 Shady Banks Beach Road
Washington, North Carolina 27889
RE: CAMA VIOLATION #14-0911
Dear Dr. and Mrs. Lewis:
RECEIVED
JAN 0 5 1015
Resources
laal.x-MOA Prri
John E. Skvaria, III
Secretary
This letter is in reference to the Notice of Violation that Kelly Spivey, representative for the Division of
Coastal Management, issued to you on 16 December 2014 for unauthorized development in violation of the
Coastal Area Management Act (CAMA). The violation occurred onsite your property located property located
off SR 1321 at 48 Shady Banks Beach Road adjacent the Pamlico River near Washington, Beaufort County,
North Carolina. The violation resulted from the unauthorized construction of a fence along the property line
within the Public Trust Shoreline of the Coastal Shoreline Area of Environmental Concern. The violation
involved Public Trust Shoreline of the Coastal Shoreline, which is an Area of Environmental Concern (AEC) as
designated by the Coastal Resources Commission.
The Coastal Area Management Act provides that a civil assessment of up to $10,000 plus investigative
costs may be assessed for any violation. It is the policy of the Coastal Resources Commission to assess a civil
penalty for all violations in order to recover some of the costs of investigating violations and/or to compensate
the public for any damage to its natural resources.
Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $227 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 $227 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 your 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.
If you do not send a signed agreement and payment to this office within ten (10) days, the Director of
the 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.
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX:252-94H478 Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer

Dr. and Mrs. David Lewis
1S December 2014
Page 2 of 2
RECEIVED
JAN 0 5 2015
DewM fmHa=ITY
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 [phone].
Sincerely,
©CM.D (zrq
David W. Moye
District Manager
Division of Coastal Management
Washington Regional Office
ENCLOSURE
Cc: Roy Brownlow — Compliance Coordinator, DCM
Kelly Spivey — Field Representative, Washington Regional Office, DCM
Kevin Hart — Environmental Senior Specialist

P A
031 R
North Carolina Department of Environment and Natural Resources
Division of Coastal Management RECEIVED
Pat McCrory
Governor JAN 0 5 20b
DChM-rtnhm ern
16 December 2014
This letter (NOV 14-09) was hand delivered to Dr. and Mrs. David
Lewis
on laT11 T
signature U.� ✓ /
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Intemet: www.nocoastaimanagement.net
John E. Skvarla, III
Secretary
An Equal Opportunity 1 Affirmative Action Employer

RECEIVED 14-09B
JAN 0 5 2015
fyp�m-�,wud wk'L
CAMA VIOLATION
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural
Resources will propose the assessment of a civil penalty in the amount of $227 against
me, Dr. and Mrs. David Lewis, for violation of the Coastal Area Management Act,
NCGS 113A-100 et seM, ., committed on my property located off SR 1321 at 48 Shady
Banks Beach Road adjacent the Pamlico River near Washington, Beaufort 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
16 December 2014, and agree to pay the proposed civil assessment of $227.
�a f�kh4
Date
Dr. & Mrs. David Lewis
'4 $ -&ha.c 4A Qa,,y % c h,
Address
asa - 7011- 8oa a,
Telephone Number

RECEIVED
DCM ENFORCEMENT TRACKING REPORT JAN 0 5 lob
fsrNn-n�uM Clr�
Issuer
I�Field Rep. s / 2 v- b 17 Violation Case No.
Compliance Rep.
Permit No.
LPO
M . (if applicable)
vruiauun uescnpaon Was activity permittabl Yes / No
Initial Discovery Date Discovery Method. 1 N c nosrrTRc. �rStJ ✓-;i t?
Violation Description / o is,-.z.. rr ti/ of �'r /,..r µ»J 3n c r i34 K /ti->
Respondent Infornlatlon Prior CAMA or D/F Violations: Yes �No Prior Case No
Respondent Name(s)yn . rag v # Q 1-6w nS _... UandowcCiAji,L i
Address. " SA+.+cY Rio -,Pi Sf.RGH 'E_Gl. Cityir!G,�. i_ state. zip 2'7V
Phone # (Z, 54J -7 2 r - 4l 01'2 Fax #/Email
—T�- ----
Violation Type: Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits
Respondent
�, No Permit PrivatdCommunity � Major ❑ CAMA
Present
Present
❑ Permit Condition ❑ Govt./Public
❑ Minor ❑. D&F
El❑
❑.-Expired Permit ❑ Commercial
General
❑-
❑
❑ Inconsistent w/ Rules Tier Level: I
II III
- ❑
❑
Violation Location and Site Description
Lat/Long
Project Location: County -5E,ot"'Fo4T"
Shoreline Length
Street Address/ State Road/ Lot #(a) , 0 Pr
i fL ) IC 2 /
$AV: of Sur
Yes
No
f 15�ldn9py &977r r-S J99AC-
Aj %LdA
Sandbags: Not sure
Yes
Subdivision S J- -z>/ rj/.t-7. x!5
PNA:
Yes
jNo
Adjacent
_
City fi✓/a-+, ar1 S Z"'a Tt ZIP
2^7 Y fS
ORW:
Yeso
Adjacent
Crit. Hab.
ves
Phone # ( _)--- River Basini - )3AIA.. f G 0
Photos
as
No
Adj. Wtr. Body AAM+-+GO �2 # ti ;
nat an /unkn)
Waiver Required
Yes
No
Closest Maj, Wtr. Body #A A4L-1Lo
In DWQ Buffer Area
Yea
No
Specify Di Buffer if applicable1r:--1
�' " t L- # 4 b
Restoration
NOV Date
/(e Z?t ^'rFcs[ 20/4nitial Req. Comp. Date
/V/01-.
Extension Granted
Yes No
CNOV Date
Date Comp. Observed
1i
Restoration Letter
Acceptance Date
A) l�
Penalty Assessment
Sent to Respondent Date /yyz
Rcvd. by Dist. Mgr. Date pvc / SL—
Assessment Extended Yes
App./Permit Fee
Penalty
Continuing
Investigative
710409 Ref.
Recomm. Assess.
DCM Assess.
$ /00
$ /oa
/ nn
��GS FJ
$ /O0
$ id, a
is 2-7
is 2-7
Total
2 Z -7
Z27 S�e

Formal Assessments, Appeals and Reductions /J
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection lj
Assessment Appealed: Yes No
Penalty modified
Date sent to AG Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected:
OEA HHF III BA IW
PWS: FC:
Other:
Restoration Required by the Respondent Yes / No
Wetlands Impacted? Yes
SA DS CJ SY JR
SS sC SP IF BF
If yes, which types:
LS TY
404
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activities
-
.r -1"4..l; n
O
c7
.'Habitat Description
NOTES
Closing
Payment Received $ Date Date Case Closed