14-20A Born

M
Pat McCrory
Governor
r1�DENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
John E. Skvarla, III
Secretary
NOTICE OF VIOLATION
September 9, 2014
CERTIFIED MAIL #7012 0470 0002 0007 7313
RETURN RECEIPT REQUESTED
Peter Born
1602 Bell View Blvd. #910
Alexandria, VA 22307
RE: VIOLATION(S) OF CAMA GENERAL DEVELOPMENT PERMIT NO. A61814
CAMA VIOLATION #14-20A
Dear Mr. Born:
This letter confirms that on June 2, 2014, I met with you onsite at your property located at 253 N.
Dogwood Trail adjacent to the Currituck Sound located in or near Southern Shores, Dare
County, North Carolina. The purpose of the visit was to monitor the permitted development of a
bulkhead with riprap landward of Normal Water Level (NWL) and Coastal Wetlands. This letter
also confirms our phone conversation on September 2, 2014 and an additional site visit on
September 3, 2014.
Information gathered by me for the NC Division of Coastal Management shows that you have
violated the terms or conditions of CAMA/Dredge and Fill General Permit No. A61814 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 June 13, 2013, General Permit No. A61814 was issued to Peter Born for the construction of a
—130' of bulkhead and the placement of riprap on the immediate water -ward side of the
bulkhead. The alignment of the bulkhead and riprap was positioned landward of NWL and
Coastal Wetlands within the Estuarine Shoreline Area of Environmental Concern (AEC) on
property located in Dare County, North Carolina. This permit was issued for major development
in an Area of Environmental Concern, in accordance with North Carolina General Statutes
(N.C.G.S.) 113A-118, and for excavation and filling, N.C.G.S.113-229(a). This permit included
the following terms and conditions(s):
1. 15A NCAC 07H.1105(b) which states "Along shorelines with wetland vegetation,
bulkheads and riprap revetments shall be positioned so that all construction is to be
accomplished landward of such vegetation." 1tECEIVED
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone]FAX: [phone];Internet: www.nc%stalmanagement.net SEP 12 2014
An Equal Opportunity 1 Affirmative Action Employer
DCMMHDCITY

Peter Born
September 9, 2014
Page 2 of 3
For the following reasons, you are in violation of the above terms and conditions(s) of your
permit:
1. Approximately 80'x3' of riprap was not placed within the authorized alignment
immediately adjacent to the bulkhead and was instead placed within Coastal Wetlands.
To comply with the terms and condition(s) of the permit issued to you, you must:
1. Remove all riprap from the Coastal Wetland area and place it in the authorized location
immediately adjacent to the bulkhead landward of Coastal Wetlands. The riprap toe is not
to extend more than three feet waterward of the bulkhead within the area adjacent to
Coastal Wetlands.
If you intend to cooperate with this request, please sign one of the attached Restoration
Agreements and return it 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.
If restoration of the affected resources is requested but is not undertaken or completed
satisfactorily, a substantially higher civil penalty will be assessed and a court injunction will be
sought ordering restoration (N.C.G.S. 113A-126). In addition, criminal penalties, damages,
and/or an injunction may be sought against any person who violates a Dredge and Fill Permit in
accordance with N.C.G.S. 113-229(k) and (1).
A civil assessment of up to $10,000 plus investigative costs may be assessed against any
violator. Each day that the development described in this Notice is continued or repeated may
constitute a separate violation that is subject to an additional assessment of $10,000. An
injunction or criminal penalty may also be sought to enforce any violation in accordance with
N.C.G.S. 113A-126. In addition, criminal penalties, damages, and/or an injunction may be
sought against any person who violates a Dredge and Fill Permit in accordance with N.C.G.S.
113-229(k) and (1).
It is the policy of the Coastal Resources Commission to levy a civil assessment not to exceed
$10,000 plus investigative costs 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.
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.
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

Peter Born
September 9, 2014
Page 3 of 3
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
comply with the terms, conditions, or requirements of such permit.
Sincerely,
Ron Renaldi
Coastal Management Representative
Cc: Frank Jennings, District Manager, DCM
"Roy Brownlow, C rance oor orator,
Josh Pelletier, US Army Corp. of Engineers
ENCLOSURE
ItEC1:IVED ,
SEP 12 2014
DC:l4•:IIIIDCITY

RESTORATION PLAN
For
Peter Born Property
CAMA Violation No. 14-20A
Property located at 253 N Dogwood Trail, Southern Shores, Dare County
ti
t0M
t �
. PL _
oe
/ Hp`
V �y
13of n Prpaptc" �!
I
t1
1
E
�E
C�� Nci IV �LNI
I, Peter Born, agree to remove all riprap from within the Coastal Wetland area and place the
riprap along the existing bulkhead landward of all Coastal Wetlands.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management
(DCM) by October 10, 2014, 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.
liECliNt~D
SIGNATURE:
DATE:
SFP 12 2014
"C:6 ILIID Car
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative
costs against all violations. The amount assessed will depend upon several factors, including the
nature and area of the resources that were affected and the extent of the damage to them. If
restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment
will be levied and an injunction sought to require restoration.
El
t0M
t �
. PL _
oe
/ Hp`
V �y
13of n Prpaptc" �!
I
t1
1
E
�E
C�� Nci IV �LNI
I, Peter Born, agree to remove all riprap from within the Coastal Wetland area and place the
riprap along the existing bulkhead landward of all Coastal Wetlands.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management
(DCM) by October 10, 2014, 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.
liECliNt~D
SIGNATURE:
DATE:
SFP 12 2014
"C:6 ILIID Car
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative
costs against all violations. The amount assessed will depend upon several factors, including the
nature and area of the resources that were affected and the extent of the damage to them. If
restoration is not undertaken or satisfactorily completed, a substantially higher civil assessment
will be levied and an injunction sought to require restoration.
El

DCM ENFORCEMENT TRACKING REPORT
i� Field Rep. o n �a I r� � Issu � rViolation Case No.
Compliance Rep.
LPO Permit No. �L(c I 91 4 (if applicable)
LPJ 6o-4rl r„ Shore
Violation Description Was activity permittable? Yes v
Initial Discovery Date `/aJ/y Discovery Method M 'fur NA Iy
Violation Description R Vf
Respondent Information Prior CAMA or D/F Violations: Yes N Prior Case No
Respondent Name(s) Pew( Horn ando ner/Agent/Contractor)
Address i(gOa, (�,Zlt Ulc.w Rlda .#k0110 City A)eXan�rt.5_.. State UPr zip aa304
Phone# ( o�) 338-a9oa. —Fax #/Email PL , (d PASN,
Corporate Name & Registered agent
Violation Type: "
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
No Permit
Private/Community
Major CAMA—X/
Present
Present
14 u
El
Permit Condition
Govt./Public
Minor D&F
Expired Permit
❑ Commercial
El General
ly
910 El
El
yl
Inconsistent w/ Rules
Tier Level: I �/yl
III
Violation Location and Site Description
Project Location: County C
Street Address/ State Road/ Lot #(a) a, j 3 N, p�,�•,_ „�, d 'fir I
it •.}S JS r 4,b�
Subdivision
city 50,+I,.rn 5t-0C-0 ZIP a.i9/-t4
Phone#( ) _ River Basin Ls G.,n TL �k
Adj. Wtr. Body ('.,rr } IC So.. d 00man/unkn)
Closest Maj. Wtr. Body Surma
Restoration
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
Yes No WillfuUlntent.
Continuing
RECEj\r$D Investigative TA:
2n1
LaULong
Shoreline Length i
SAV: Not Sure
Yes
(co
Sandbags: Not Sure
Yes
CJ"'
PNA:
Yes
(Tw—� Adjacent
ORW:
Yes
l N91 Adjacent
es
Photos
6y�_
No
Waiver Required
Yes
In DWO Buffer Area
Yes
�r o'
Specify DWQ Buffer if applicable:
Extension Granted Yes No
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$ aso, o
$
Cv [h)
$ 3--iS , o o
$
$
$
$ a�.c��
$
Total
/ Sa.(D(D

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 Respondent not responsive to penalty/NOV n Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted. Ye >/ No If yes, which types:
EW PTA ES PTS r-
OEA HHF IH UBA N/A S, cJ SY JR LS TY
PWS: FC: S ) SP IF BF 404
Other:
Restoration Required by the Respondent Yes)/ No
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activities
CW
tid a4o SF
r O X3' C140 Si=
Habitat Description
o1 ( w
NOTES:
Closing
Payment Received $ Date Date Case Closed

Wf3
w
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
October 13, 2014
CERTIFIED MAIL #7012 0470 0002 0007 7412
RETURN RECEIPT REQUESTED
Peter Born
1602 Bell View Blvd. #910
Alexandria, VA 22307
RE, CAMA VIOLATION #14-20A
Dear Mr. Born:
This letter is in reference to the Notice of Violation dated September 9, 2014 that Ron Renaldi,
representative for the Division of Coastal Management, issued to you for the placement of riprap within
Coastal Wetlands at 253 N. Dogwood Trail, Dare County. The violation involved Coastal Wetlands and the
Estuarine Shoreline, which are Areas of Environmental Concern designated by the Coastal Resources
Commission. Based upon the site visit conducted on October 10, 2014 by Ron Renaldi, the restoration
requested appears to be complete to the satisfaction of the Division of Coastal Management.
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 Resources Commission, a proposed civil penalty in the amount of $652.00 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 $652.00 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.
RECEIVED
OCT 16 209
DCM-MHD OT\Y
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] \ FAX: [phone]; Internet: www.nccoastaimanagement.net
An Equal opportunity \ Affirmative Action Employer

Peter Born
October 13, 2014
Page 2
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,
Frank Jennings
District Manager, Northeast District
NC Division of Coastal Management
FAJ/rar
Enclosure: Agreement to Pay Proposed Civil Assessment
cc: mpliance Goortlinator, DCM; Morehead City
Ron Renaldi, Coastal Management Representative, DCM, Elizabeth City
Josh Pelletier, US Army Corp. of Engineers

CAMA VIOLATION #14-20A
Peter Born
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 $652.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near my property 253 N. Dogwood Trail in
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 September 9, 2014,
and agree to pay the proposed civil assessment of $652.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
RECEIVED
OCT 16704
DCM-MHD,Qjq

DCM ENFORCEMENT TRACKING REPORT
Issu r
Rep. o n ana I r t
Rep.
IN!]
V
Violation Case No.
Permit No. A 6 1 g 1 Li
(if applicable)
�NllLPJ So0'14r, Short%
Violation Description Was activity permutable? Yes LKo
Initial Discovery Date 61ajly Discovery Method M,..,, '}ur ., I.�A A( t81y
Violation Description R 7r ja P)aU � t,,'.}t, })
Respondent Information Prior CAMA or D/F Violations: Yes Not Prior Case No:
RespondentName(s) ,r (3orn t(Candgwn'er/Agent/Contractor)
Address l6o2), f�t11 Vic. Alga #01)0 City AIEyq^8,-,.c State UP, Zip a;I3j17
Phone# 338-D,9oa-. Fax#/Email P41? en C Mtry c.
Corporate Name &_Registered agent
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
Site Visits Respondent
❑
No Permit
� Private/Community
5Q Major � CAMA
Present
Present
Permit Condition
❑ Govt./Public
El Minor I�j D&F
fib- I a ©
El❑
Expired Permit
❑ Commercial
❑ General YY''""
lu ❑
❑
Inconsistent w/ Rules
Tier Level: I /11
111
❑
El
Violation Location and Site Description
Project Location: County
Street Address/ State Road/ Lot #(a) �a S r, ,1 Tel
(L +3 AS f.i. b)
Subdivision
City 5,>—}I,,,, 5twrt.S ZIP a'7191-4 q
Lat/Long
Shoreline Length 1
I tS
SAV: Not Sure
Yes
Sandbags: Not Sure
Yes
pt_;¢-:
(fNg,
PNA:
Yes
( 'iv Adjacent
ORWt
Yes
Ng Adjacent
--Cdt: HaB.----- ---'
-Yes
—No-- RECEIVED
Phone # ( _) River Basin li w%u,,,,�.�,,, k Photos C a; No
Adj. Wtr. Body fr J, S r tattlman/unkn) Wainer Required Yes So� OCT 16 2014
Closest Maj. Wtr. Body„ n.� In DWQ Buffer Area Yes (lNp' DCM-MHD CITY
Specify DWQ Buffer if applicable:
Restoration
NOV DateJ.�I1014 _
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
Initial Req. Comp. Date
Date Comp. Observed
App./Permit Fee
Penalty
No Willful/Intent.
Continuing
Extension Granted Yes No
lo�lol�alrf
Restoration Letter
10�'g-ido14 Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$ S o
$
--Is
$
d
$ a�.�
$
Total

s
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
Date Collection Letter Sent
Violation Activities and Impacts
AECs Affected:
EW PTA ES
OEA HHF IH UBA
PWS: FC:
Other:
Restoration Required by the Respondent
❑ Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Demand Letter Sent
Wetlands Impacted�YYes>/ No
PTS —
N/A ( SA� - CJ SY
-SS &7-I SP IF
Yes )/ No
If yes, which types:
JR LS TY
BF 404
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activities
R, erAR WIHt, Cw
"36X3 40SF
! dx3' Ca4a Si=
Habitat Description
NOTES:
Closing
Payment Received $ _ Date Date Case Closed

File Name
Shooting Mode
Tv (Shutter Speed)
Av (Aperture Value)
Exposure Compensation
ISO Speed
Focal Length
White Balance
File Name
Shooting Mode
Tv (Shutter Speed)
Av (Aperture Value)
Exposure Compensation
ISO Speed
Focal Length
White Balance
File Name
Shooting Mode
Tv (Shutter Speed)
Av (Aperture Value)
Exposure Compensation
ISO Speed
Focal Length
White Balance
File Name
Shooting Mode
Tv (Shutter Speed)
Av (Aperture Value)
Exposure Compensation
ISO Speed
Focal Length
White Balance
253 N. Dogwood Tri - Restoration 10-7-20-
14 (1).JPG
Auto
1 /640
2.6
0
80(Auto)
5.8 mm
Auto
253 N. Dogwood Trl - Restoration 10-7-20-
14 (2).JPG
Auto
1 /640
2.6
0
80(Auto)
5.8 mm
Auto
253 N. Dogwood Trl - Restoration 10-7-20-
14 (3).JPG
Auto
1 /640
2.6
0
80(Auto)
5.8 mm
Auto
RECEIVED
OCT 16 7111n
DCM-MHD CITY
253 N. Dogwood Tri
14 (4).JPG
Auto
: 1/125
: 7.1
0
80(Auto)
5.8 mm
Auto
Restoration 10-7-20-

A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
October 23, 2014
Mr. Peter L. Born
1602 Belle View Blvd #910
Alexandria, VA 22307
John E. Skvarla, III
Secretary
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management
Act, Dare County, CAMA Violation #14-20A
Dear Mr. Born:
This letter will acknowledge receipt of your Check #1268, in the amount of $652, and dated
10/19/14. 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 at my Elizabeth
City office at 252-264-3901.
Sincerely,
Frank Jennings, District Manager
Northeastern District
Division of Coastal Management
FJ/yc
cc: Roy Bro" ow, omp fiance oor Ina r, DCM, Morehead City
Ron Renaldi, Coastal Management Rep., DCM, Elizabeth City
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] k FAX: [phone]; Internet: htto:l/Pogal,ncdeor.orolweb/cm/dcm-home
RECEIVED
OCT E9?"
DCLWHD CITY
An Equal Opportunity 1 Affinnalive Action Employer

t.i'vri'ion
S,f-' ,_

OCT 2 2 ^C?
CAMA VIOLATION #14-20A
Peter Born
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 $652.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near my property 253 N. Dogwood Trail in
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 September 9, 2014,
and agree to pay the proposed civil assessment of $652.00.
DATE
161r-,ry 1 &04 A�A Wr9
U/z'--//
41AZ- of 94-807-
03 'S '5
TELEPHONE NUMBER
RECEIVED
OCT 201-1.
DCM-%44V 6.,,'