07-55A LeFevre

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
December 28, 2007
Mr. Alex LeFevre
Banks Land Company
6146 North Croatan Hwy
Kitty Hawk, NC 27949
!!I
1 2007
Morehead City DCM
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Dare County, CAMA Violation #07-55A
Dear Mr. LeFevre:
This letter will acknowledge receipt of Banks Land Company's Check #1042 in the amount of
$500, and dated 12/21/07. 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 at my Elizabeth City
office at 252-264-3901.
Sincerely,
Frank A. Jennings, III
District Manager, Northeast District
FAJ/ybc
cc: M. Ted Tyndall, Assistant Director, DCM, Morehead City
Roy Brownlow, Compliance Coordinator, DCM; Morehead City
Lynn Mathis, District Compliance & Enforcement Rep., DCM, Elizabeth City
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

Banks Land Company LLC
December 17, 2007
Page 3 of 3
CAMA VIOLATION #07-55A
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
RECEIVES,
Af(° i)Fnr;
Jf 8 29pl
cA•���r.4%
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 $500.00 against me for violation of the Coastal Area
Management Act, NCGS 113A•100 at seg, committed on or near my property 6146 North Croatan
Highway, in Kitty Hawk, Dare 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 November 27, 2007, and agree to pay the proposed civil assessment of $500.00.
DATESIGNATURE
ADDRESS
pry
�Sk 2 �k
TELEPHONE NUMBER
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www,nccoastalmanagement.net
An Equal Opportunity' Affirmative Acron Employer - 50% Recycled',10% Post Consumer Paper

A �4 Q 74 J! A. 6
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
December 14, 2007
Emily Ausband ��`�►
Alexander Lefevre
Banks Land Company b y pdp� v
6146 North Croatan Highway
Kitty Hawk, North Carolina 27949 iMore lead City CCM
RE: RESTORATION ACCEPTANCE — CAMA VIOLATION #07-55A
Dear Ms. Ausband and Mr. Lefevre:
This letter is in reference to the Notice of Violation #07-55A sent to you dated November 27, 2007, for
violating the terms or conditions of State Permit #55-05, which was issued to you by the Coastal Resources
Commission and the North Carolina Department of Environment and Natural Resources. The violation took
place on your property located at 6146 North Croatan Highway, adjacent to High Bridge Creek, in the Town
of Kitty Hawk, Dare County, North Carolina. This unauthorized activity constituted development and you
were requested to:
1, Install a silt barrier around the opening to the basin to prevent additional sediment or displaced
material from entering High Bridge Creek.
2. Install a silt barrier along the bank adjacent to High Bridge Creek, eroded from adjacent land
disturbance.
3. During onsite discussions the property owners requested that the boatramp be omitted from the
project. It was agreed that the omission of the ramp would facilitate a quicker completion of
restoration activities. Based on the owners request and the restoration necessary to prevent further
siltation a continuous bulkhead will be constructed across basin within the approved alignment.
4. Upon completion of the bulkhead construction and grading the owners will begin removal of
unauthorized fill within the creek between the bulkhead and the silt barrier.
5. The silt barrier placed in High Bridge Creek may not be removed until the Division of Coastal
Management has inspected the restoration area.
6. The silt barrier placed along the shoreline may not be removed until the surrounding disturbed land
has been stabilized with a vegetative cover.
In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 710410, any violation
involving development which is inconsistent with guidelines for development within Areas of Environmental
Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover
lost resources or to prevent further resource damage.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal opportunity \ Affirmative Action Employer — 50% Recycled \ 10%Post Consumer Paper

Ms. Ausband
Mr. Lefevre
December 14, 2007
Page 2
I conducted a site visit at the aforementioned property on December 11, 2007, to inspect the restoration of
the unauthorized activity addressed in the Notice of Violation #07-55A. Based on this inspection, it appears
the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement
report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity
within an Area of Environmental Concern.
Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this
matter, please feel free to call me at (2) 264-3901.
Sincerely,
�- L.4-�
Lynn W. Mathis
Compliance & Enforcement Representative
Cc: M. Tedi'yn�c as fAsslstant Director,l`5C1rA; MoreTieacT-Clly `--" `— � --- --
Frank A. Jennings III, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

r_
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
December 17, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Emily Ausband
Alexander Lefevre
Banks Land Company
6146 North Croatan Highway
Kitty Hawk, North Carolina 27949
RE: CAMA VIOLATION #07-55A
Dear Ms. Ausband and Mr. Lefevre:
p
gEG 1 si �Ad7
A t-rol'1ead Goity oGM
This letter is in reference to the Notice of Violation dated November 27, 2007 that Lynn Mathis, District
Compliance & Enforcement Representative for the Division of Coastal Management, issued to you for
violating the terms or conditions of State Permit No. 55-05, which was issued to you by the Coastal
Resources Commission and the North Carolina Department of Environment and Natural Resources. The
violation occurred at 6146 North Croatan Highway, adjacent to High Bridge Creek, in the Town of Kitty
Hawk, Dare County, North Carolina. The violation involved Public Trust Water Area, which is and Area of
Environmental Concern designated by the Coastal Resources Commission. Based upon the site visit
conducted on December 11, 2007, by Lynn Mathis, 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 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 Resources Commission, a proposed civil penalty in the amount of $500.00 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 $500.00 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.

Banks Land Company LLC
December 17, 2007
Page 2 of 3
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.
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,
%?t
Frank Jennings III, District Manager
Division of Coastal Management
FJ/Iwm
Enclosures
cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Co6lydinator, DCM
Lynn W. Mathis, District Compliance & Enforcement Representative, DCM
1367 U.S: 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

Banks Land Company LLC
December 17, 2007
Page 3 of 3
CAMA VIOLATION #07-55A
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 $500.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sue, committed on or near my property 6146 North Croatan
Highway, in Kitty Hawk, Dare 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 November 27, 2007, and agree to pay the proposed civil assessment of $500.00.
DATESIGNATURE
ADDRESS
TELEPHONE NUMBER
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal opportunity \ Affirmative Action Employer — 50% Recycled \ 10%Post Consumer Paper

r
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Emily Ausband
Alexander Lefevre
Banks Land Company
6146 North Croatan Highway
Kitty Hawk, North Carolina 27949
Resources
William G. Ross Jr., Secretary
NOTICE 1 cSI 7,
November
27,20r 2720 V�
NOV 1 0 Z007
RE: VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO.55.05
CAMA VIOLATION #07-55A
Dear Ms. Ausband and Mr. Lefevre:
This letter confirms that on November 27, 2007, Emily Ausband, Alexander Lefevre and David Ambrose,
met with me on property owned by Banks Land Company located at 6146 North Croatan Highway, adjacent
to High Bridge Creek, in the Town of Kitty Hawk, Dare County, North Carolina. The visit was in response to
a report that fill activities were being undertaken in an existing basin prior to the installation of a permitted
bulkhead. Banks Land Company was issued a CAMA Major Permit to construct a bulkhead, boatramp and
boathouse, and backfill a man-made basin connecting to High Bridge Creek. I was also onsite of the
property on October 9, 2007, for a pre -construction meeting that included Brian Rubino of Quible and
Associates and Scott Small of Lyn Small Marine.
Information gathered by me for the INC Division of Coastal Management shows that you have violated the
terms or conditions of State Permit No. 55-05 which was issued to you by the Coastal Resources
Commission and the North Carolina Department of Environment and Natural Resources. I hereby request
that you immediately CEASE AND DESIST such violation(s) and comply with the terms and conditions of
the above permit.
On April 25, 2005, State Permit No. 55-05 was issued to KHG, Inc. and Banks Land Company for the
construction of a bulkhead, boatramp, and boathouse, and to backfill the existing boat basin connecting to
High Bridge Creek on property located in Dare County North Carolina, off North Croatan Highway. This
permit was issued for a CAMA Major Development in an Area of Environmental Concern, in accordance
with North Carolina General Statutes (N.C.G.S.) 113A-116. This permit included the following terms and
conditions(s):
1. The bulkhead shall be constructed prior to any backfilling activities.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Banks Land Company LLC
November 27, 2007
Page 2 of 2
2, Appropriate sedimentation and erosion control devices, measures or structures shall be
implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and
property (e.g, silt fences, diversion swales or berms, etc.)
For the following reasons, you are in violation of the above terms and conditions(s) of your permit:
1. Backfill was placed in the existing boat basin prior to the construction of the approved bulkhead
caused high ground fill and displaced water bottom (from the shallow basin) to enter High Bridge
Creek.
2. No erosion control structures were installed on the property prior to land disturbance adjacent to
the basin that resulted in eroded material entering High Bridge Creek.
If the terms and conditions of a permit are not complied with, the permit is null and void from the date of its
issuance. To comply with the terms and condition(s) of the permit issued to you, you must:
1. A silt barrier must be installed around the opening to the basin to prevent additional sediment or
displaced material from entering High Bridge Creek. (Completed during site visit as requested.)
2. Install a silt barrier along bank adjacent to High Bridge Creek eroded from adjacent land
disturbance. (Completed during site visit as requested.)
3. During onsite discussions the property owners requested that the boatramp be omitted from the
project. It was agreed that the omission of the ramp would facilitate a quicker completion of
restoration activities. Based on the owners request and the restoration necessary to prevent further
siltation a continuous bulkhead will be constructed across basin within the approved alignment.
4. Upon completion of the bulkhead construction and grading the owners will begin removal of
unauthorized fill within the creek between the bulkhead and the silt barrier.
5. The silt barrier placed in High Bridge Creek may not be removed until the Division of Coastal
Management has inspected the restoration area.
6. The silt barrier placed along the shoreline may not be removed until the surrounding disturbed land
has been stabilized with a vegetative cover.
If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and
return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure
to comply with this request or respond back to this office prior to the requested deadline with an acceptable
schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of
Continuing Violation, as well as a court injunction being sought ordering compliance.
A civil penalty of up to Twenty -Five Hundred Dollars ($2500) may be assessed, or an injunction or criminal
penalty may be sought against any person who violates a CAMA Major Development permit. It is the policy
of the Coastal Resources Commission to assess a minimum civil penalty of $500.00 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 will depend on several factors,
including the nature and area of the resources that were affected and the extent of the damage to them. If
restoration of the affected resources is requested but is not undertaken or completed satisfactorily, a
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

Banks Land Company LLC
November 27, 2007
Page 3 of 3
substantially higher civil penalty will be assessed and a court injunction will be sought ordering restoration
(N.C.G.S. 113A-126).
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.
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 completion of the restoration as requested
in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be
notified as to the amount of the civil assessment for failure to act in accordance with the terms, conditions,
or requirements of such permit.
Sincerely,
Lynn W. Mathis
District Compliance & Enforcement Representative
Cc: M. Ted Tyndall, Assistant Director, DCM
Frank A. Jennings, III, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Stephen Smith, LPO, Town of Kitty Hawk
ENCLOSURE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Banks Land Company LLC
November 27, 2007
Page 4 of 4
RESTORATION PLAN
For
Banks Land Company Property
CAMA Violation No. 07-55A
Property located at 6146 North Croatan Highway, Kitty Hawk, Dare County
To comply with the terms and conditions of the permit issued to you, you must:
1. A silt barrier must be installed around the opening to the basin to prevent additional sediment or
displaced material from entering High Bridge Creek. (Completed during site visit as requested.)
2. Install a silt barrier along bank adjacent to High Bridge Creek eroded from adjacent land
disturbance. (Completed during site visit as requested.)
3. During onsite discussions the property owners requested that the boatramp be omitted from the
project. It was agreed that the omission of the ramp would facilitate a quicker completion of
restoration activities. Based on the owners request and the restoration necessary to prevent further
siltation a continuous bulkhead will be constructed across basin within the approved alignment.
4. Upon completion of the bulkhead construction and grading the owners will begin removal of
unauthorized fill within the creek between the bulkhead and the silt barrier.
5. The silt barrier placed in High Bridge Creek may not be removed until the Division of Coastal
Management has inspected the restoration area.
6. The silt barrier placed along the shoreline may not be removed until the surrounding disturbed land
has been stabilized with a vegetative cover.
Banks Land Company agrees to the above restoration requirements.
We agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
December 20, 2007, or provide an explanation for non-compliance and a reasonable request for time
extension. When corrective actions are complete, I will notify the DCM so the work can be inspected.
AUTHORIZED AGENT OF BANKS LAND COMPANY:
SIGNATURE
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $500,00 and higher against all
violations of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a
substantially higher civil assessment will be levied and an injunction sought to require restoration.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www,nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

A W N
y2iIll 0 mM uom> v D m