15-17A Bass

A 06
RESEW
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
NOTICE OF VIOLATION
August 26, 2015
CERTIFIED MAIL 7012 3460 0002 0625 5375
RETURN RECEIPT REQUESTED
Johnny Bass
Bass Construction and Septic Service
Post Office Box 4
Hertford, North Carolina 27944
RE, NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #15-17A
Dear Mr. Bass:
This letter is in reference to my site visit on August 21, 2015, onsite of Andy Hare's property located at
4450 Gilberts Beach Road, in Chowan County, North Carolina. The purpose of the visit was to inspect
permitted development activity on the Chowan River that included the construction of 170' of bulkhead, fill
and grading of the adjacent bank, the repair of a pier, and the removal of a second pier. Unauthorized
development on the aforementioned includes: 1) a wooded groin, 2) a small shore side deck, 3) a small
landing and stairs in the water adjacent to the bulkhead, and, 4) the reconstruction of a pier (not repair).
Information gathered by me for the Division of Coastal Management indicates that your actions as
contractor for Andy Hare are 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 North Carolina Department of Environment and Natural Resources pursuant to the North
Carolina General Statutes (N.C.G.S.) 113A-118.
I have information that indicates you have undertaken or are legally responsible for the unauthorized
construction of: 1) a wooded groin, 2) a small shore side deck, 3) a small landing and stairs in the water
adjacent to the bulkhead, and, 4) the reconstruction of a pier on the aforementioned property. This activity
took plpce in Public Trust Waters and the Public Trust Shoreline that are contiguous with the Chowan
River, Public Trust Waters and the Public Trust Shoreline areas are designated as Areas of Environmental
ConceT.(AEC). No CAMA permit was issued to for work in these areas. Based on my findings, I am
initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area
Management Act.
RECEIVED
1367 US 17 South, Elizabeth City, NC 27909 SEP 0 3 2015
Phone: [phone]\FAX: [phone];Internet: www.necoastaimanagement.net ItYalMgrklFi
An Equal Opportunity 1 Affirmative Action Employer

Johnny Bass
Bass Construction and Septic Service
August 25, 2015
I request that you immediately CEASE AND DESIST any further unauthorized development. 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.
It is the policy of the Coastal Resources Commission is to levy a civil assessment against contractors in
addition to that assessed against the landowner; however, since this is your first documented violation in
five years no civil assessment will be levied against you at this time. You are forewarned that should you or
Bass Construction and Septic Service be found in violation the CAMA again you and/or your company may
be assessed a civil penalty.
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 about these important matters.
Sincerely,
Lynn W. Mathis
Field Specialist
NC Division of Coastal Management
cc: Frank J nnings District Manager, DCM
Ro Brown/ ompliance Coordinator, DCM
Raleigh Bland, USACE

DCM ENFORCEMENT TRACKING REPORT
Issuer
Field Specialist Ay/t/rtt a4ri 7l gl Violation Case No. I5
LPO IVY ('at ld /10 ❑
Violated Permit No.
LPJ (If applicable)
Violation Description Was activity permittable? Yes /(TO)
Initial Discovery Date Cl,�" Discovery Method
Violation Description �/lKi/9J�72UClZ-+'J f/'�1y2 ±)4,0464 li'62-Roewy 2 CO/.5I72cCjZ 2 A (XAi41,tra ^0 Lrxa11
Ttt�lc"r1T�-Q y i-V1S�ycjb9 /� sml1CL 6Jc-c/C t9li-yt� nth A3k[CKlka60
Respondent Information Prior CAMA or D/F Violations: Yes
Respondent Name(s) 11e76mw� ontractor
Address !D/J /,'I"TlCf- Gy% / City /kwll- jeo State lye- Zip Z /,V
Phone # tJ--O(,g — l ft 2 Fax #
Email
Violation Type:
Project Type.
Authorizations Required:
Site Visits Respondent Site Visits Respondent
No Permit
® Private/Community
Major
CAMAiirtKt,L�>
Present
Present
Permit Condition
� Govt./Public
0 Minor
� D&F
/ILC Sr
'
❑
Expired Permit
❑ Commercial
n General
< 7/07d
❑
El
Inconsistent w/ Rules
Tier Level: I II
III
Violation Location and Site Description
C
/ , „
Project Location: County CjyZ-LCAIV
Street Address/ State Road/ Lot #(s)
tf`f5C �tL/�L32j3 i°rG->"�-clf flii✓�+7
Subdivision
City iYx/&,L ZIP 271eo
Phone #( _). River Basin C/✓ah"4/
Adj. Wlr. Body nggil'/ Oman /unkn)
Lat/Long /S'
/z.2o ll IV %6
V1 l/,P IV
Shoreline Length
SAV: cig=
Yes
No
Sandbags: Not Sure Yes
PNA:
Yes
(To:;)
Adjacent
ORW:
Yes
®
Adjacent
Cril. Hab.
Yes
Photos
6P
No
RECEIVED
Waiver Required
Yes
In DWQ Buffer Area
Yes
eiv
SEP Q 3 2015
Closest Maj. Wtr. Body _..__
Specify DWQ Buffer it applicable: f'4AHw <s"Ikf
Restoration C n«:n/G- ✓ZECy+ i7
Extension Granted Yes No
NOV Date Initial Red. Comp. Date
Restoration Letter
CNOV Date Date Comp. Observed Acceptance Date
Penalty Assessment e 11LGyt(6)
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
Sj
App./Permit Fee
Penalty
No I Willful/Intent.
Continuing
Investigative
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$ o
$
$ r
$
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG
Assessment Appealed: Yes No
❑ Penalty modified
❑ Respondent 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? Yes / o If yes, which types:
CW EW ES �
OEA HHF TFi UBA N/IAA SA DS cJ SY JR LS TY
PWS: FC: SS SC SP IF BF 404
Restoration Required by the Respondent Yes
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activities
" •
Habitat Description.
NOTES:
Closing
Payment Received $
S
Date Case Closed
t —