17-12A Cook

Coastal Management
ENVIRONMENTAL QUALITY
CERTIFIED MAIL # 70151520000355154387
RETURN RECEIPT REQUESTED
NOTICE OF VIOLATION
July 11, 2017
Chad Cook, Manager of A, Ray Mathis Revocable Living Trust
20607 Bethel Church Road
Cornelius, NC 28031
f&e5
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Director
RECEIVED
JUL 17 2017
RE. NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZEQVEL'6PMeNf� I TY
LAMA MINOR VIOLATION # 17-12A
Dear Mr. Cook:
This letter confirms that on June 20, 2017, Yvonne Carver, Field Representative for the division of Coastal
Management, and I were adjacent to your property located at 2010 Bay Drive in Kill Devil Hills, adjacent to the
Albemarle Sound, Dare County, North Carolina. The purpose of the visit was to issue a CAMA general at 1740
Bay Drive. Development of concrete with and without rebar, sand, broken pipes, and tile was observed within
the Estuarine shoreline, Estuarine Waters and Public Trust Area of Environmental Concern. I spoke with you
over the phone on June 30th to inform you that the fill placed within the areas of environmental concern was in
violation of the CAMA because a permit had not been obtained to place riprap or fill within the AEC which was
required in order to place riprap and that it would need to be free of any debris, fill or pollutants.
Information gathered by me shows that you have undertaken major development in violation of the Coastal
Area Management Act. No person may undertake major development in a designated Area of Environmental
Concern without first obtaining a permit from the North Carolina Department of Environmental Quality, North
Carolina General Statutes (N.C.G.S.) 113A-1 18.
I have information that you have undertaken, or are legally responsible for, development by placing debris,
broken concert and fill material within the Albemarle Sound and 30 foot buffer. This activity took place in
Estuarine Shoreline, Estuarine Waters and Public Trust AEC's that are contiguous with the Albemarle Sound.
Estuarine shoreline, Estuarine Waters and Public Trust areas are designated as Areas of Environmental
Concern (AEC). No CAMA permit was issued to you for work in these areas. Based on these findings, I am
initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area
Management Act and the States Dredge and Fill Law.
I request that you immediately CEASE AND DESIST any further development and contact me about this
important matter. A civil assessment of up to $10,000 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. 11 3A-1 26.
State of North Carolina I Environmental Quality l Coastal Management
Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909
252 2643901

It is the policy of the Coastal Resources Commission to assess a civil penalty against all violations of this type.
Investigative costs may also be assessed in addition to the civil penalty. This is done to recoup some of the
costs of investigating the violation 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 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 substantially higher civil penalty will be assessed and a
court injunction will be sought ordering restoration.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of
Environmental Concern, the activity you have undertaken, of placing broken concrete with and without rebar,
sand, broken pipes, and other debris in the Estuarine Shoreline, Estuarine Waters and Public Trust Area
AEC(s), is not consistent with Section 15A NCAC 07H.1101-1105, which states that riprap revetments shall be
constructed of concrete without exposed rebar and shall be free from loose dirt or other pollutants. Therefore,
I am requesting that you remove all materials placed along the shoreline at 2010 Bay Drive, Kill Devil Hills.
Please refer to the enclosed Restoration Agreement.
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.
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 immediate 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 a civil assessment for undertaking development without first obtaining the proper permit(s)
and/or development that is inconsistent with Coastal Resources Commission Rules.
Sincerely,.
Cynthia Rountree
Field Representative
Cc: Frank Jennings, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Lynn Mathis, Field Specialist, DCM
Paul Andrus, Contractor
ENCLOSURE
State of North Carolina I Environmental Quality l Coastal Management
Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City,North Carolina27909
2522643901

RESTORATION PLAN
For
Chad Cook, Manager of A. Ray Mathis Revocable Living Trust
CAMA Minor Violation # 17-12A
Property located at 2010 Bay Drive, Dare County
Remove all concrete, dirt fill, broken pipe, tile and other demolition ruminants from within
the Albemarle Sound and the 30-foot buffer area totaling approximately 884 square feet.
2. See attached Restoration Area Image dated July 7, 2017 for area of debris removal.
RECEIVE®
JUL 17 2017
®CM- MH® CITY
I, Chad Cook, agree to complete this restoration to the satisfaction of the Division of Coastal Management by
August 11, 2017, or provide an explanation for non-compliance and a reasonable request for time extension.
When corrective actions are complete, I will notify the Division of Coastal Management so the work can be
inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment against all violations of this type
depending upon the damage to the resources. If restoration is not undertaken orsatisfactorily completed, a substantially higher
civil assessment will be levied and an injunction sought to require restoration.
State of Not Carolina I Environmental Quality l Coastal Management
Elizabeth City Office 1 401 South Griffin Street. Suite 3001 Elizabeth City, North Carolina 27909
252 264 3901

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Coastal Management
ENVIRONMENTAL QUALITY
CERTIFIED MAIL 70151520000355154479
RETURN RECEIPT REQUESTED
AUG 2 8 2017
DUM- Ell HD CITY
August 22, 2017
Chad Cook, Manager of A. Ray Mathis Revocable Living Trust
20607 Bethel Church Road
Cornelius, NC 28031
RE, CAMA VIOLATION #17-12A
Dear Mr. Cook:
ROY COOPER
c awbfo?
MICHAEL REGAN
BRAXTON DAVIS
Unwl.r
This letter is in reference to the Notice of Violation dated July 11, 2017 that Cynthia Rountree, representative
for the Division of Coastal Management, issued to you for the unauthorized fill at 2010 Bay Drive in Kill Devil
Hills, Dare County. The violation involved the Estuarine Shoreline, Estuarine Waters and Public Trust Areas
of Environmental Concern (AECs), which are AECs designated by the Coastal Resources Commission.
Based upon the site visit conducted on August 3, 2017 by Cynthia Rountree and Yvonne Carver, 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 $596.00 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 orderfor $596.00 made payable to the North Carolina Department of Environmental Quality
(NCDEQ); 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 settlement of the penalty.
State of North Carolina I Environmental Quality I Coastal Management
401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909
252-264-39011252-331-2951 [fnj

Chad Cook, Manager of A. Ray Mathis Revocable Living Trust
August 22, 2017
Page 2
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], ext. 235.
Sincerely,
�co Pqj' u"`'l s
Frank Jenn' gs
District Manager, Northeastern District
NC Division of Coastal Management
FJ/yc
Enclosures
cc: Roy Brownlow, Compliance Coordinator, DCM
Cynthia Rountree and Yvonne Carver, Coastal Management Representatives, DCM
Paul Andrus, Contractor

ECF9V ®
CAMA VIOLATION #17.12A
Chad Cook, Manager of A. Ray Mathis Revocable Living Trust AUG 2 8 2017
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
®CNA-. MHD CITY
I understand that the staff of the Department of Environmental Quality will propose the assessment of a civil
penalty in the amount of $596.00 against me for violation of the Coastal Area Management Act, NCGS 113A-
100 et sec, committed on or near property located at 2010 Bay Drive in Kill Devil Hills, 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 July 11, 2017, and agree to pay the
proposed civil assessment of $596.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

DCM ENFORCEMENT TRACKING
Rep.
Issuer
REPORT
RECEIVE
violatloff W§
❑ DC gen, o i ap licable)
Violation Description Was activity permittable?Yes(I
Initial Discovery Date Jittie a0 ..2UiiDiscovery Method ..i- - / tI12 (S5ci%o 9
J r
Violation Description Ztctt'ee.__6,ml°er C'FhCYp.lP, t-'rk3 d r._n�rs"} n>.bcc-) h✓b
Respondent Information) Prior CAMAorD/ , ,at!??s: as /�lo� Prior CaseNo\
RespondentName(s) ek d dook(!��!aU(kinrvlru��tit'6,K�tew,6,i(Landowner/Agent/Contractor)
Address O U (001 5e4e l 01 r. rch Ill. City t G f r1 Eji C,3 State Zip �8 031
Phone# rl0`i " r7'78- 8Cf q41 Fax#/Email ne 51,00 Cx'A'
Corporate Name & Re istered agent
Violation Type: Project Type: Authorizations Required:
Ste Visits ResponPresent dent Site Visits RP pesenf nt
No Permit Private/Community ❑. Major ©. CAMA
Permit Condition ❑ GovL/Public ❑ Minor © D&F
7� �eccV,oatrr ElExpired
Permit El commercial ❑ General
��trF ❑
Inconsistent w/ Rules Tier Level: 1 II 111
Violation Location and Site Description
LaNLong 3V GZ`
Project Location: County
Shoreline Length " 52
y,
Street Address/ State Road/ Lot #(s)
SAV: Not sure Yes No
Sandbags: Not Sure Yes
PNk Yes Adjacent
Subdivision A V ntr v`
QRW: Yes tNo Adjacent
City 'D2vt1 WJJS ZIP Z'Ng8
C01.Hab. Y�es�lo�
Phone # ( _) River Basin Pa a c%tA
Photos T�) No
Yes No
A Sou at an/unkn)
Waiver Required
Adj, Wtr. Body _ rr( 6�, F'Yia,�(f.
I
In D!Q Buffer Area Yes No
{
Closest Maj. Wtr. Body n r L e "" - t o 50ctr'd
Specify DW Q Buffer if applicable:
NOV Date r tlu-1' 0(
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes No
Extension Granted Yes No
Initial Req. Comp. Date u 61•i
��_ ` Restoration Letter
Date Comp. Observed t Acceptance Date
App./Permit Fee
Penalty
Willful/Intent.
Continuing
d 7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$ S�=
$ G?2�
$ 2 Yo i
(g7
$ W(o
$ 9�
Total
1 1$ 1121
s- if

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment
Attorney General's Office for Injunction or Formal Collection
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 �y
AECs Affected: Wetlands Impacted? Yes N& If yes, which types:
Cw OEA EW PTA � PA SA DS - CJ SY JR LS TY
PWS: FC: SS Sc SP IF BF 404
Other:
Restoration Required by the Respondent Yes / No
NOTES: 1-120— ne4ice rha4riaj p6(!e oh The ina O&C) ,l,A (,, kr —3U >,
Closing
Payment Received $
Date
Date Case Closed
cc--h,

Coastal mollagemerli
ENVIRONMENTAL OUALITY
September 11, 2017
Alfred Ray Mathis, Trustee
A. Ray Mathis Revocable Living Trust
7111 Hopeton Road
Charlotte, NC
ROY COOPER
Gnvernur
MICHAEL S. REGAN
S'eamlmy
BRAXTON C. DAVIS
Dnwtor
RE. Payment of Proposed Penaltyfor Violations of the Coastal Area Management Act,
Dare County, CAMA Violation #17-12A
Dear Mr. Mathis:
This letter will acknowledge receipt of Andrus Construction Co., LLC's check #1161, in the
amount of $596.00, and dated 09/08/17. Once the amount of the check is credited to the
Department of Environmental Quality's 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,
a
�1'�t
Frank Jenni gs, District Manager
Northeastern District
Division of Coastal Management
FJ/eg
cc: Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Cynthia Rountree and Yvonne Carver, Coastal Management Representatives, DCM
Paul Andrus, Contractor RECEIVED
SEP 18 2017
DCM- MHO CITYN0thin9 Comhares
State of North Carolina I Environmental Quality i Coastal Management
401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909
252-264-39011252-331-2951 [fax]

®CM ENFORCEMENT TRACKING REPORT `)
%ni utf Issuer � i
Field Rep. l ip&ia. �aunivrse. ❑ Violation Case No.
Compliance Rep.
Permit No.
LPG ❑ (if applicable)
LPJ_
Violation Description
Initial Discovery Date 1.1yLe 20 ADO Discovery Method
Violation Description ,Slwed. Lm kr r CdAe
Prior CAMA or D/F �igfatigos: Yes
Was activity permittable? Yes
RM
RespondentName(s) ( An d Cook Yd �1 M1trAr'"% ICnht7d[:m�Ll�auuuw��eunycwvwua�.��
Address �' 0 (o0'1 ae,401 C I U re k >r. City ('ct net; a� State IJC zip � 1
Phone# boy - T78- Aq 9q Fax#/Email Cko-A all 1P ilf iunnu L ('01K
Corporate Name & Re istered a ant
Violation Type:
Project Type: -
Authorizations Required:
SneVisits Respondent SiteVisits
Respondent
Present
Present
® No Permit
Private/Community
E]. Major
_ ©_ CAMA
El
I] Permit Condition
GQvt./Public
Minor
© D&F
'16,
Permit
Commercial
General
�mrika
El
Inconsistent w/ Rules
Tier Level: 1 II
III
Violation Location and Site Description
LaflLong 3fo° aZ'03•63"
W /-`IS"il'IO Hy°W
Project Location: County
b-.Vf
Shoreline Length " 52r
Street Address/ State Road/ Lot #(a) a0 i Q
y,
g Uri4?_
SAV: Not sure Yes
No
Sandbags: Not Sure Yes
PNA Yes
0
Adjacent
Subdivision A V n(nv.
&c e ti
ORW: Yes
No
Adjacent
City kill [�a?vti
A
[US ZIP
a'7gyA
CrR.Hab. Yes
�0
Phone # (
River Basin- —asp,
aiaa
Photos �
No
_)
1. Wtr. Body
Y �117�,
(� S
Nttt� Ou,
net an /unkn)
-
Waiver Required Yes
No
c /
In DWQ Buffer Area Yes
No
Closest Maj. Wtr. Body
) ( &M.ra rl?
Spedfy DWQ Buffer if applicable:
Restoration
Extension Granted
Yes
No
NOV Date u h
17 Initial Req.
Comp. Date
k
CI%
Restoration Letter
CNOV Date
Date Comp. Observed
N-A Acceptance Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
App./Permit Fee
SEP il Il lull
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$
$ z S-0
$gag
$ zro�
$ `fie
$ 96
ACM- WD CiTy

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 Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: �� Wetlands Impacted? Yes J& If yes, which types:
CW EW PTA �E�J PT SA DS CJ SY JR LS TY
OEA I UBA A
omit. an. ss SC SP IF BF 404
Restoration Required by the Respondent Yes / No
NOTES: 1/Z.0 - Ao} CE ry*&4r J �p6f'Q Oh yhdW I1N2 r1 Kd n� Limo tr —30
'M- I, l..-11 n.. MA-:kn-k-, 1r YFC.i..il, it 1—. - Ie,b hrs
S
Closing
Payment Received $ Date Date Case Closed
3C-�h

Received From:
Permit No.:
Applicant's Name:
Project Address:
NC Division of Coastal Management
Cashier's Official Receipt 4425 �B C D
Date: 20 �
$� G%��� /
Q Check No.: LG.I--
County: re
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: r' /
Signature of Field Representative: �6lin�Y�P-
Date: < "
Date:
SEP 18 2017