05-13B Taylor

Beverly Eaves Perdue
Governor
T0:
FROM:
COPY TO:
SUBJECT
DATE:
AGOAA
F€B!49 2909
NCDENR
North Carolina Department of Environment and Natural Re Qh(0i0 Qfy gQM
Division of Coastal Management
James H. Gregson Dee Freeman
Director Secretary
MEMORANDUM
M. Ted Tyndall, Assistant Director
Kimberly Hedrick, Compliance and Enforcement Representative
Roy Brownlow, Compliance Coordinator, Terry Moore, District Manager,
David Moye, Express Permit Coordinator, Mike Thomas, Field Representative
Ms. Judy W. Taylor's proposed civil penalty regarding NOV No. 05-13B
February 17, 2009
David Moye issued Notice of Violation No. 05-13B to Ms. Judy W. Taylor dated 16 August
2005 for the unauthorized construction of 15-feet of wooden bulkhead onsite her property located at 380
Queen Anne Drive adjacent to Mixon Creek, a tributary of the Pamlico River, in Kilby Island Subdivision
near the town of Bath, off SR 1774, in Beaufort County, North Carolina. The unauthorized installation of
the bulkhead on Ms. Taylor's property was done in 2005 by contractor, George Linton. David Moye's
2005 field notes indicate the following sequence of events regarding this case. On 09 August 2005, Mr.
Moye met with Mr. Linton onsite Jimmy Hicks' property, the riparian neighbor to Ms. Taylor, and issued
General Permit No. 38796B for the construction of 20-feet of bulkhead on Mr. Hicks' property. On 15
August 2005, Mr. Linton contacted Mr. Moye to let him know he installed 15-feet of bulkhead on Mr.
Hicks' neighbor's property, Ms. Judy Taylor. Mr. Linton explained that he didn't think he (Mr. Moye)
would mind since a hurricane was sitting offshore. Mr. Moye explained to Mr. Linton that both he and the
property owner would be issued a Notice of Violation for the unauthorized work. D. Moye contacted Ms.
Taylor on 16 August 2005 to discuss the violation. During this conversation, Ms. Taylor told Mr. Moye that
it was her fault and she would pay the fine. Mr. Linton's violation case was closed; however, an
assessment letter for Ms. Taylor's case was never issued to her in 2005.
During investigation of open cases in my district, I discovered that an assessment letter
was never sent to Ms. Taylor for the aforementioned violation. Therefore, in an attempt to close this
case, I contacted Ms. Taylor on 28 January 2009 to discuss the issuance of an assessment letter, and
she could not recall receiving a violation or anything about the case. I prepared the assessment letter
dated 04 February 2009 that was received via certified mail by Ms. Taylor on 07 February 2008 and I
included a copy of NOV No. 05-13B in the mailing. We received correspondence from Ms. Taylor dated
08 February 2009 requesting reconsideration of the penalty (see attached).
943 Washington Square Mall, Washington, NC 27889
Phone: 252-946-Ml \ FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Atfin #ve Action Employer
Nimally
neCarolina

.v
403 Circle Dr.
Burlington, NC
February 8, 2009
Division of Coastal Management
Terry E. Moore
District Manager
Re: CAMA Violation # 05-13B
380 Queen Anne Drive
Bath, North Carolina
Dear Mr. Moore,
Today I received a Notice of Violation dated 16 August 2005 for unauthorized construction of
a 15. foot long bulkhead at the above listed property.
I.have a recollection of George Linton, who did the construction, telling me that he would
obtain the permit. I am aware of the necessity of obtaining a permit and would certainly not
knowingly violate this code.
I'would respectively request a reconsideration of the fine due to the fact that I was unaware of
the: violation• and the delay in notification.
I appreciate any consideration you can give to this matter.
Regards,
[phone]
GU,
dy W. Wylor

DCM ENFORCEMENT REQUEST
(USE WHEN INJUNCTION OR FORMAL ASSESSMENT REQUESTED)
CAMA CASE #05-13B ��FaIVE
Type of action requested: PENALTY 1 1111
1. Consultant or LPO & Locality: David W. Moye - Washington Regional Office JUL l 3 2009 V
2. Violator's Name: Judy W. Taylor MOreheaa City DCM
Mailing Address: 403 Circle Drive, Burlington, NC 27215
Home Phone: [phone]
3. Project Location (County, State Road, Waterbody, etc.): Beaufort, 380 Queen Anne Drive, off
SR 1774 on Kilby Island, on Mixon Creek off the Pamlico River
4. Owner's Name, Address, Phone # [if different]: N/A
5. Attach Copy of Deed. ❑ Attachments
6. Type of Violation: MAJOR
Program: CAMA
If CAMA Major, list other required permits, etc. If Permit Condition, give Permit # and attach
copy. ❑ Attachments
Work required a General Permit under 7H.1200 which includes pre -approved authorization from
the US Army Corps of Engineers - Section 10 Waters, and the Division of Water Quality - 401 approval
under a General Certification.
7. Describe nature of development under G.S. 113-A-103(5) or of unauthorized activity under
permit:
Constructed ±15' of wooden bulkhead, new work, 2' waterward of the existing bulkhead.
8. Area(s) of Environmental Concern Involved:
(A) 1. Public Trust Area
2. PTS
3. N/A
4. N/A
5. N/A
6. N/A
PTA Sq. Ft.: 30 Filled Dimensions: Width:2' x Length:15' x Depth:N/A
N/A Sq. Ft.: N/A Dimensions: Width: x Length: x Depth:
N/A Sq. Ft.: N/A Dimensions: Width: x Length: x Depth:

A.
Additional Inforrnation:Applicant was never assessed a penalty until Kim Hedrick reviewed the
file in 2009, and as per directive from Roy Brownlow, sent a $200 assessment letter to
Mrs. Taylor on 4 February 2009.
2-

(B) Coastal Wetlands
1.
N/A
2.
N/A
3.
N/A
4.
N/A
5.
N/A
6.
N/A
7.
N/A
8.
N/A
9.
N/A
10.
N/A
Other: N/A
Wind or Lunar Tides: N/A Flooded: N/A
(B) Estuarine Waters: [sq. ft.]
Excavated Filled _
Primary Nursery Area? YES OR NO
Restored
(C) Public Trust Area: [sq. ft.]
Excavated Filled 30 Restored
Primary Nursery Area? No
(D) Estuarine Shoreline: [sq. ft.]
Excavated Filled Restored
(E) Coastal Wetlands/Marsh: [sq. ft.]
Excavated Filled Restored
(F) Ocean Hazard:
Sq. Ft. Impacted:
9. Details of how DCM first learned of violation:
JUL 1 3 2009
Morenead City DCM
Other
Other
Other
Other
Received a phone call from the contractor, George Linton on 15 August 2005 telling me he had
installed the 15' of bulkhead when he installed the replacement bulkhead authorized on the
adjoining property.
10. Details of first DCM inspection:
Onsite 9 August 2009 to issue a GP to the adjoining property owner.
11. Attach copy of Notice of Violation and Postal Receipt Card or Sheriffs Return. [Same if a
Continuing Notice of Violation.] ❑ Attachments
12. Restoration Required? NO
[If Yes, attach copy of Restoration Request and give restoration deadline if different from
one in Request and explain.] ❑ Attachments
3-

NIA
13. Date DCM determined restoration was complete and accepted (if applicable): N/A
14. Would the project have been allowed had a Permit been applied for? YES
[If NO, cite the provisions in the CAMA, Dredge and Fill Law, CRC's Rules, Local Land Use
Plan;,etc;;,which'�would have been violated].
NIA
15. Recommended penalty amount? $200.00
Cite the specific Rule of the CRC in 7J.0409 and explain why the penalty should be
assessed under it. [If the violation was willful and intentional or continuing, describe the
base penalty here and then any increased or additional penalty below.]
7J.0409(f)(4)9A) - pre -Feb. 1, 2008 rule applies
16, If the violator was a contractor, attach copies of the previous Notices of Violation showing
development in the same AECs and payment of any penalties. ❑ Attachments
[See 710409(f)(4)(G) and explain what the daily amount should be based on the CRC's
rules.]
N/A
17. If the violation was willful, describe why, pursuant to 7J.0409(f)(4)(E) or (5)(E), and attach
any supporting documents. ❑ Attachments
N/A
18. If daily penalties are recommended, give the dates on which they should begin and end
under 710409(f)(4)(G) and explain what the daily amount should be based on the CRC's
rules.
N/A
19. Are there any reasons for increasing or decreasing the penalties or for remitting them under
the CRC's rules? YES, through my mistake, an assessment was not sent to Mrs. Taylor for
3 1/2 years. At this point, I would reccomend that the assessment be remitted to zero and
the case closed.
20. Provide any other information or attach any other documents which will help the Attorney
General's office or the Director to understand the violation. ❑ Attachments
N/A
NOTE: If this form is not appropriate for a particular violation, write a narrative Enforcement Request, or,
supplement this form as necessary.
-4-

NOTE: All Enforcement Requests should be sent to the Attorney General's Office within six (6) months of
when the violation was discovered if no restoration was required, or, when the restoration was
completed. If an injunction was requested, supplement the Injunction Request within six (6)
months of the date the restoration was complete.
SUBMITTED BY: David W. Moye
JUL 1 3 10Ci9
TITLE: Epress Permit Coordinator
DATE: 8 July 2009 Morehead City DCM
DATE REVIEWED BY DISTRICT MANAGER:
DATE ASSISTANT DIRECTOR REVIEWED:
-5-

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
MEMORANDUM D7132009
]EMED
TO: M. Ted Tyndall, Assistant Director AA��
FROM: Kimberly Hedrick, Compliance and Enforcement RepresentatMorehea(j City I)CM
COPY TO: Roy Brownlow, Compliance Coordinator, Terry Moore, District Manager,
David Moye, Express Permit Coordinator, Mike Thomas, Field Representative
SUBJECT: Ms. Judy W. Taylor's proposed civil penalty regarding NOV No. 05-13B
DATE: February 17, 2009
David Moye issued Notice of Violation No. 05-13B to Ms. Judy W. Taylor dated 16 August
2005 for the unauthorized construction of 15-feet of wooden bulkhead onsite her property located at 380
Queen Anne Drive adjacent to Mixon Creek, a tributary of the Pamlico River, in Kilby Island Subdivision
near the town of Bath, off SR 1774, in Beaufort County, North Carolina. The unauthorized installation of
the bulkhead on Ms. Taylor's property was done in 2005 by contractor, George Linton. David Moye's
2005 field notes indicate the following sequence of events regarding this case. On 09 August 2005, Mr.
Moye met with Mr. Linton onsite Jimmy Hicks' property, the riparian neighbor to Ms. Taylor, and issued
General Permit No. 38796B for the construction of 20-feet of bulkhead on Mr. Hicks' property. On 15
August 2005, Mr. Linton contacted Mr. Moye to let him know he installed 15-feet of bulkhead on Mr.
Hicks' neighbor's property, Ms. Judy Taylor. Mr. Linton explained that he didn't think he (Mr. Moye)
would mind since a hurricane was sifting offshore. Mr. Moye explained to Mr. Linton that both he and the
property owner would be issued a Notice of Violation for the unauthorized work. D. Moye contacted Ms.
Taylor on 16 August 2005 to discuss the violation. During this conversation, Ms. Taylor told Mr. Moye that
it was her fault and she would pay the fine. Mr. Linton's violation case was closed; however, an
assessment letter for Ms. Taylor's case was never issued to her in 2005.
During investigation of open cases in my district, I discovered that an assessment letter
was never sent to Ms. Taylor for the aforementioned violation. Therefore, in an attempt to close this
case, I contacted Ms. Taylor on 28 January 2009 to discuss the issuance of an assessment letter, and
she could not recall receiving a violation or anything about the case. I prepared the assessment letter
dated 04 February 2009 that was received via certified mail by Ms. Taylor on 07 February 2008 and I
included a copy of NOV No. 05-13B in the mailing. We received correspondence from Ms. Taylor dated
08 February 2009 requesting reconsideration of the penalty (see attached).
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
Natmally

403 Circle Dr.
Burlington, NC
February 8, 2009
Division of Coastal Management
Terry E. Moore
District Manager
Re: CAMA Violation # 05-13B
380 Queen Anne Drive
Bath, North Carolina
Dear Mr. Moore,
JUL l 3 2UU9
Wrenead City DCM
Today I received a Notice of Violation dated 16 August 2005 for unauthorized construction of
a 15 foot long bulkhead at the above listed property.
I have a recollection of George Linton, who did the construction, telling me that he would
obtain the permit. I am aware of the necessity of obtaining a permit and would certainly not
knowingly violate this code.
I would respectively request a reconsideration of the frte due to the fact that I was unaware of
the violation and the delay in notification.
I appreciate any consideration you can give to this matter.
Regards,
dy W. for
[phone]

DCM ENFORCEMENT TRACKING RE
`_' Issuer �� �T Vft
�`N
Field Rep. CNJ MOV0 ® Violation Base No. �) - I
LPON IN�orsA CjUF r
1009
Violated Permit
(if of
Violation Description Was activity permittablex
Initial Discovery Date I5 Au6 2-cRrw Discovery Method rec\e oa( m L
Violation Description Car�S� cA arJ
r N Y DCA4
Respondent Information Prior Violations in same AEC: Yes No
Respondent Name(s) .Tk Qy w Ta��or (Landowner/Agent/Contractor)
Address liyJ C rc`R, City t �`^ StateNS Zip a7ci11
NJI
Phone # �b ' �1 ' 9 0`i Fax # N I A
Email N i
Violation Type:
No Permit
❑ Permit Condition
Expired Permit
Inconsistent w/ Rules
Project Type:
Private/Community
❑ GovtJPubiic
❑ Commercial
Authorizations Required: Site Visits ResponWent
L; Pn+'srse
Major CAMA
-- S 4 S
Minor _. D&F
General
usVisits Respondent
Present
Violation Location and Site Description
Rover File
�Project Location: County GA -
Shoreline Length
p
Street Address/ State Road/ Lot #(s) .3`a0 `�Y`"_�^�
SAV: Notsure
Yes
QD
�t.,s.s.a
Sandbags: Not Sure
Vas
—_
PNA:
®
No Adiacem
Subdivision—t—n",. ZS�a�
ORW:
Yes
� Adjacent
,\
t��Yt� ZIP a-)'iVV'
City
Crit. Hab.
Yes
No
1
Phone # (_) River Basin VbLr • a44LM
Photos
®
No
Adj. Wtr. Body Moos, CseAC /man /unknl
Waiver Required
Yes
rQM\�� (�\�
�C
In DWQ Buffer Area
®
No
Closest Maj. Wtr. Body \
Restoration
5 Date
Extarrsiat Granted
Yes NO
NOV Date Initial Req. Comp. ...---__
Restoration
Letter
CNOV Date Date Comp. Observed
Ameptum
0M
Penalty Assessment I rz;—
Sent to Respondent Date y6 ._��
Revd. by Dist Mgr. Date .--
Assessment Extended Yes No
61` ; v 1tMt1' {
71.040g Ref.
Recomm. Assess.
DCM Assess.
-
AppJPermit Fee
ti A
$
$
Penalty
$ OD
$
Willfulllntent.
$
$
Continuing i
$
-
$
Other-- —
— ---
$ —
$
Total
0 0
ate.- --- - --
'RB J /6-e64-

Formal,Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
El Penalty modified
Final Assessment S-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 Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes /®o If yes, which types:
CW EW PTA ES PTS
OEA HHF IH UBA N/A SA DS Cl SY JR LS TY
PWS: FC: SS SC SP 404
Other. �
Restoration Required by the Respondent Yes / (IN)
NOTES: Vn. a No'-9 i ss','-� ov, .1l k %-J6 lQgp Qc a c".r %k, F'
Closing
Payment Received $ Dace Date Case Closed

■ Complete Items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
MR. JUDY W. TAYLOR
403 CIRCLE DRIVE
BURLINGTON NC 27215
B. ved by ( ted Name) r C. Pall of Delivery
D. Is delivery address different from Item 1' ❑ Yes
If YES, enter delivery address below. ❑ No
3.
OKCertffled Mall ❑ Express Mall
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mall ❑ C.O.D.
4. Restricted Delivery? (Extra Feel ❑ Yes
z. Ank
(TM 7007 3020 0001 8861 8988
R�
Ps Form 3811, February 2004 Domestic Return Receipt MWWR
JUL 1 3 2009
Morehead City DCM

AXi
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
04 February 2009
CERTIFIED MAIL 70073020000188618988
RETURN RECEIPT REQUESTED
Ms. Judy W. Taylor
403 Circle Drive
Burlington, NC 27215
RE: CAMA VIOLATION #05-13B
Dear Mrs. Taylor:
This letter is in reference to the Notice of Violation dated 16 August 2005 that David Moye, Express Permit
Coordinator for the Division of Coastal Management, issued to you for the unauthorized construction of a 15-foot
long wooden bulkhead. This occurred on your property located at 380 Queen Anne Drive adjacent to Mixon Creek,
which connects into the Pamlico River, near the Town of Bath, off SR 1774, in Beaufort County, North Carolina. The
violation involved Public Trust Area and Public Trust Shoreline of Mixon Creek, which are Areas of Environmental
Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on 09 August
2005 by David Moye, the "Development' that you have undertaken without the proper permit(s) is consistent with
the North Carolina Administrative Code, Title 15A, Subchapter 07H, Sections .0208, State Guidelines for Areas of
Environmental Concern. Therefore, no restoration was required in the notice of violation for the unauthorized
development.
The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for
any violation occurring prior to February 1, 2008. 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 prior to February 1, 2008, a proposed civil penalty in
the amount of $200 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.
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
Intemetw .nccoastalmanagement.net One
NorthCarolina
An Equal Opportunity/Affirmative Acdon Employer —50%Recycled/10% Post Consumer Paper Nat rrKLLp

Mrs. Judy Taylor
04 February, 2009
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 $200 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.
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,
Z2;,EA*V�
Terry E. Moore
District Manager
Division of Coastal Management (DCM)
Enclosure
Cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Kimberly Hedrick, Compliance and Enforcement Representative, DCM
Mike Thomas, Field Representative, DCM
Page 2 of 3

Mrs. Judy Taylor
04 February, 2009
CAMA VIOLATION #06-20B
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 $200 against me, as contractor; for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near the property of Mr. Mike Cavender located at 106
Osprey Bay in Pamlico Plantation Subdivision, adjacent to Broad Creek, near the City of Washington, in 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 19 June 2006, and agree to pay the
proposed civil assessment of $200.
PJUL 13 2009
DATE
Page 3 of 3
Morehead City DCM
SIGNATURE
ADDRESS
TELEPHONE NUMBER

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
16 August 2005
CERTIFIED MAIL 700E E110 0002 0605 8907 prjo!!s
1;<�J�R
RETURN RECEIPT REQUESTED u jjff
Mrs. Judy K Taylor 2009 T
403 Circle Drive
Burlington, North Carolina 27215 I�r t's,, ,:'° ' 01Y UUM
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-13B
Dear Mrs. Taylor
This letter confirms that on 9 August 2005, 1 met your contractor George Linton onsite your property located
at 380 Queen Anne Drive adjacent to Mixon Creek which connects into the Pamlico River located near the
Town of Bath, off SR 1774, in Beaufort County, North Carolina. The purpose of the visit was to discuss
permit requirements for the bulkhead construction on your property adjacent Mixon Creek. This letter also
confirms our 16 August 2005 telephone conversation.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken
major development 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 Noah Carolina Department of Environment and Natural Resources. This requirement is imposed
by Noah Carolina General Statute (N.C.G.S.) 11 3A-1 18.
1 have information that indicates you have undertaken or are legally responsible for the construction of ±15'
of wooden bulkhead on the aforementioned property. This activity took place within the Public Trust Area
and the Coastal Shoreline that is contiguous with Mixon Creek. Public Trust Areas and Coastal Shoreline
areas are designated as Areas of Environmental Concern (AEC). No 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.
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. A civil assessment of up to $2,500 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 up to $2,500, An injunction or criminal penalty may
also be sought to enforce any violation (N.C.G.S. 11 3A-126).
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] \ FAX: [phone] \ Internet www.nccoastalmanaaementnet

Judy W. Taylor 05.13E
16 August 2005
Page 2 of 2
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $200 not to
exceed $2,500 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.
Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the
local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the 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 owner(s) 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).
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,
Q �� �qt--
David W. Moye
Express Permit Coordinator
c, Ted Tyndall, Assistant Director, DCM
Terry Moore, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Raleigh Bland, US Army Corps of Engineers
943 Washington Square Mail, Washington, North Carolina 27889
Phnna• 7FM CIM-RAR1 \ FAX• 9F7-A7F-771R \ Intamat' www nrrnactalmnnanampnt not

LTMA
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
MEMORANDUM
TO: M. Ted Tyndall, Assistant Director
Natural Resources
FROM: Kimberly Hedrick, Compliance and Enforcement Representative
Dee Freeman
Secretary
COPY TO: Roy Brownlow, Compliance Coordinator, Terry Moore, District Manager,
David Moye, Express Permit Coordinator, Mike Thomas, Field Representative
SUBJECT: Ms. Judy W. Taylor's proposed civil penalty regarding NOV No. 05-13B
DATE: February 17, 2009
David Moye issued Notice of Violation No. 05-13B to Ms. Judy W. Taylor dated 16 August
2005 for the unauthorized construction of 15-feet of wooden bulkhead onsite her property located at 380
Queen Anne Drive adjacent to Mixon Creek, a tributary of, the Pamlico River, in Kilby Island Subdivision
near the town of Bath, off SR 1774, in Beaufort County, North Carolina. The unauthorized installation of
the bulkhead on Ms. Taylor's property was done in 2005 by contractor, George Linton. David Moye's
2005 field notes indicate the following sequence of events regarding this case. On 09 August 2005, Mr.
Moye met with Mr. Linton onsite Jimmy Hicks' property, the riparian neighbor to Ms. Taylor, and issued
General Permit No. 38796B for the construction of 20-feet of bulkhead on Mr. Hicks' property. On 15
August 2005, Mr. Linton contacted Mr. Moye to let him know he installed 15-feet of bulkhead on Mr.
Hicks' neighbor's property, Ms. Judy Taylor. Mr. Linton explained that he didn't think he (Mr. Moye)
would mind since a hurricane was sitting offshore. Mr. Moye explained to Mr. Linton that both he and the
property owner would be issued a Notice of Violation for the unauthorized work. D. Moye contacted Ms.
Taylor on 16 August 2005 to discuss the violation. During this conversation, Ms. Taylor told Mr. Moye that
it was her fault and she would pay the fine. Mr. Linton's violation case was closed; however, an
assessment letter for Ms. Taylor's case was never issued to her in 2005.
During investigation of open cases in my district, I discovered that an assessment letter
was never sent to Ms. Taylor for the aforementioned violation. Therefore, in an attempt to close this
case, I contacted Ms. Taylor on 28 January 2009 to discuss the issuance of an assessment letter, and
she could not recall receiving a violation or anything about the case. I prepared the assessment letter
dated 04 February 2009 that was received via certified mail by Ms. Taylor on 07 February 2008 and I
included a copy of NOV No. 05-13B in the mailing. We received correspondence from Ms. Taylor dated
08 February 2009 requesting reconsideration of the penalty (see attached).
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www.nCCDastaimanagement.net
An Equal Opporlunily \ Affirmative Adon Employer
One
NorthCarolina
NaturallY

403 Circle Dr.
Burlington, NC
February 8, 2009
Division of Coastal Management
Terry E. Moore
District Manager
Re: CAMA Violation # 05-13B
380 Queen Anne Drive
Bath, North Carolina
Dear Mr. Moore,
Today I received a Notice of Violation dated 16 August 2005 for unauthorized construction of
a 15 foot long bulkhead at the above listed property.
Lhave a recollection of George Linton, who did the construction, telling me that he would
obtain the permit. I am aware of the necessity of obtaining a permit and would certainly not
knowingly violate this code.
I.wot ld respectively request a reconsideration of the fine due to the fact that I was unaware of
the violation and the delay n notification.
I appreciate any consideration you can give to this matter.
Regards,
dy W. Wylor
[phone]

in ENR
North Carolina Department of Environment and Natural
Division of Coastal Management
D
FE6 � 2099
Resources
Morehead City DCM
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
04 February 2009
CERTIFIED MAIL 70073020000188618988
RETURN RECEIPT REQUESTED
Ms. Judy W. Taylor
403 Circle Drive
Burlington, NC 27215
RE CAMA VIOLATION #05-13B
Dear Mrs. Taylor:
This letter is in reference to the Notice of Violation dated 16 August 2005 that David Moye, Express Permit
Coordinator for the Division of Coastal Management, issued to you for the unauthorized construction of a 15-foot
long wooden bulkhead. This occurred on your property located at 380 Queen Anne Drive adjacent to Mixon Creek,
which connects into the Pamlico River, near the Town of Bath, off SR 1774, in Beaufort County, North Carolina. The
violation involved Public Trust Area and Public Trust Shoreline of Mixon Creek, which are Areas of Environmental
Concern designated by the Coastal Resources Commission. Based upon the site visit conducted on 09 August
2005 by David Moye, the "Development" that you have undertaken without the proper permit(s) is consistent with
the North Carolina Administrative Code, Title 15A, Subchapter 07H, Sections .0208, State Guidelines for Areas of
Environmental Concern. Therefore, no restoration was required in the notice of violation for the unauthorized
development.
The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for
any violation occurring prior to February 1, 2008. 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 prior to February 1, 2008, a proposed civil penalty in
the amount of $200 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.
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
Internet .nccoastalmanagement.net
An Equal Opportunity/ABirmative Action Employer— 50% Recycled/10% Post Consumer Paper
Ne Carolina One

Mrs.- Judy'Taylor
04 February, 2009. , '
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 $200 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.
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,
Z4)EAOVi
Terry E. Moore
District Manager
Division of Coastal Management (DCM)
Enclosure
Cc: M. Ted Tyndall, AssistanfDirector, DCM
Roy Brownlow, Compliance Coordinator, DCM
Kimberly Hedrick, Compliance and Enforcement Representative, DCM
Mike Thomas, Field Representative, DCM
Page 2 of 3

r
Mrs. Judy Taylor
04 February, 2009
CAMA VIOLATION #06.20B
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 $200 against me, as contractor, for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near the property of Mr. Mike Cavender located at 106
Osprey Bay in Pamlico Plantation Subdivision, adjacent to Broad Creek, near the City of Washington, in 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 19 June 2006, and agree to pay the
proposed civil assessment of $200.
DATE
Page 3 of 3
SIGNATURE
ADDRESS
TELEPHONE NUMBER

AG'ID
NCDENR FEB 5 2009
North Carolina Department of Environment and Natural R, s
Division of Coastal Management 41®ad city ocm
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
16 August 2005
CERTIFIED MAIL 7003 3110 0002 0605 8907
RETURN RECEIPT REQUESTED
Mrs. Judy W. Taylor
403 Circle Drive
Burlington, North Carolina 27215
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION#05.13B
Dear Mrs. Taylor
This letter confirms that on 9 August 2005,1 met your contractor George Linton onsite your property located
at 380 Queen Anne Drive adjacent to Mixon Creek which connects into the Pamlico River located near the
Town of Bath, off SR 1774, in Beaufort County, North Carolina. The purpose of the visit was to discuss
permit requirements for the bulkhead construction on your property adjacent Mixon Creek, This letter also
confirms our 16 August 2005 telephone conversation.
information gathered by me for the Division of Coastal Management indicates that you have undertaken
major development 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. This requirement is imposed
by North Carolina General Statute (N.C.G.S.)113A-118.
I have information that indicates you have undertaken or are legally responsible for the construction of *15'
of wooden bulkhead on the aforementioned property. This activity took place within the Public Trust Area
and the Coastal Shoreline that is contiguous with Mixon Creek. Public Trust Areas and Coastal Shoreline
areas are designated as Areas of Environmental Concern (AEC). No 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.
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. A civil assessment of up to $2,500 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 up to $2,500. An injunction or criminal penalty may
also be sought to enforce any violation (N,C.G.S.113A-126).
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone]FAX: [phone]\Internet: www.nccoastalmanaaementnet

Judy W.Taylor
16 August 2005
Page 2 of 2
05.13B
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $200 not to
exceed $2,500 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.
Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the
local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the 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 owner(s) 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),
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,
David W. Moye
Express Permit Coordinator
a Ted Tyndall, Assistant Director, DCM
Terry Moore, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Raleigh Bland, US Army Corps of Engineers
943 Washington Square Mall, Washington, North Carolina 27889
Phnno• 7R7-QAA.AAR1 \ FAX• 7F247F-171R \ Intornat, www nrrnaatn1mananamant not

!Q DCM ENFORCEMENT TRACKING R RT
Issuer FEB 5 2009
'1 Field Rep. esiow �V MOVE ® Violation Base No.
LPo N I P o Uftffefid City 0CM
LPJ d¢LW\:r� Ci1. Violated Permit No. N i N
(I applicable)
Violation Description Was activity permittable Y / No '
Initial Discovery Date W Mil Zl Q 5 Discovery Method
Violation Description ! %Sl A V.
Respondent Information Prior Violations in same AEC: Yes No
RespondentName(s) T�^CYN w (Landowner/Agent/Contractor)
Address 40) C- rAQ- 11tiVF City t" �^ State NC Zipadl5
Phone # � b ' 1 ' 0� 1 Fax # NIA --
Email N I w - -
Violation Type:
No Permit
1 Permit Condition
[.j Expired Permit
Inconsistent w/ Rules
Project Type:
PrivatelCommunity
GovtJPublic
Commercial
Authorizations Required: Site Visits Respondent
Present
Major X, CAMA ❑
WS
� ! Minor ._ D&F — ❑
General —
Site Visits Respondent
Present
Violation Location and Site Description
Project Location: County �GU�eR
Rover File
Shoreline Length j r
Street Address/ State Road/ Lot
SAV: Not Sure Yes
GD
b"-.A
sandbags: NotSure Yes
\\
PNA: ®
No Adjacent
Subdivision ra �S\wr.
ORW' Yes
®a7 Adjerenc
,,\\ o�����
City �0.]� ZIP t� t
River Basin 1T C- -
Crit. Hab. Yes
Photos ®
No
No
Phone # (_)
NINON /man Iunkn)
Waiver Required Yes
Adj. Wtr. Body
-
�ff.�te.,� era ���'
In DWQ Buffer Area ®
No
Closest Maj. Win Body
Restoration
I � / O � Comp. Date
Extension Granted
Yes No
NOV Date Initial Req. .._
Restoration Letter
CNOV Date Date Comp. Observed .___—_..__.
Acceptance Date
Penalty Assessment�rC�Feb1`dblw�c�,pkts'
Sent to Respondent DateQ�
APP�ermit Fee
Penalty
Rcvd. by Dist. Mgr. Date
._.._—.....__._
_
Assessment Extended Yes
No
Willful/Intent.
Continuing
Other
7J.0409 Rell.
)CA
Recomm. Assess.
Do
DCM Assess.
(�
(`Q
to
$ OQ IDD
$
S
S
i
S
S
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
❑ Penalty muddied
Final Assessment S Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG 0 Respondent not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let.
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes IS If yes, which types:
CW EW PTA ES PTS
OEA HHF IH UBA N/A SA DS C1 SY 1R LS TY
SS SC SP 404
PWS: FC:
Restoration Required by the Respondent Yes / 'o
NOTES:
Closing
Payment Received S Date Date Case Closed

Jab-Lowana _,Ted
+fERonda � Ro
Y+ — y
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary ttt+++
NOTICE OF VIOLATION,,,
16 August 2005
CERTIFIED MAIL 7003 3110 0002 0605 8907
RETURN RECEIPT REQUESTED MOreh;;ad My
Mrs. Judy W, Taylor
403 Circle Drive
Burlington, North Carolina 27215
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-13B
Dear Mrs. Taylor:
This letter confirms that on 9 August 2005,1 met your contractor George Linton onsite your property located
at 380 Queen Anne Drive adjacent to Mixon Creek which connects into the Pamlico River located near the
Town of Bath, off SR 1774, in Beaufort County, North Carolina. The purpose of the visit was to discuss
permit requirements for the bulkhead construction on your property adjacent Mixon Creek. This letter also
confirms our 16 August 2005 telephone conversation.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken
major development 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. This requirement is imposed
by North Carolina General Statute (N.C.G.S.)113A-118.
I have information that indicates you have undertaken or are legally responsible for the construction of ±15'
of wooden bulkhead on the aforementioned property. This activity took place within the Public Trust Area
and the Coastal Shoreline that is contiguous with Mixon Creek, Public Trust Areas and Coastal Shoreline
areas are designated as Areas of Environmental Concern (AEC). No 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
Vlolation for violation of the Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. A civil assessment of up to $2,500 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 up to $2,500. An injunction or criminal penalty may
also be sought to enforce any violation (N.C.G.S. 11 3A-1 26),
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet www.nccoastalmananementnet

Judy W. Taylor
16 August 2005
Page 2 of 2
05.13B
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $200 not to
exceed $2,500 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.
Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the
local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the 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 owner(s) 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).
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,
David W. Moye
Express Permit Coordinator
c: Ted Tyndall, Assistant Director, DCM
Terry Moore, District Manager, DCM
tRoy Brownlolj Compliance Coordinator, DCM
Raleigh Bland, US Army Corps of Engineers
943 Washington Square Mall, Washington, North Carolina 27889
Phnna• 9F,9-Qd&RAA1 \ FAY- 9FMM171R \ Intamat• www nrrnactalmannnamont not

Y
CM ENFORCEMENT TRACKING REPORT
vV• MuNIQ. Issuer
Field Rep.�C��>,
LPO 1 P
LPl &bt &A Q�
Violation Description
Initial Discovery Date t5 AuA6 zoo5 Discove1 ry
Violation Description Q-Sk'% ate✓ (5
Violation Base No.
A C D
Violated Permit No. Imo) f1
(if applicable)
Was activity permittable. Yes /. No
Respondent Information Prior Violations in same AEC: Yes Nd ,t1�lYMgU `t%
Respondent Name(s)
�Q � W T �•�o� 'Landowner/Agent/Contractor)
Address03 Carp�rtjti City �hi�t ��"�_^ StateC 7dl
Zipa5
Phone # _ _ p�1 • q OAS' Fax # N I P
Email H I
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent
SiteVisits Respondent
X No Permit
PrivatelCommunity
ElMajor F'y CAMA
Present
at�S' ❑
Present
❑
❑ Permit Condition
�� GovtlPublic
Minor ❑ D&F
❑
�J
Expired Permit
❑ Commercial
General
-
--' F
--' ❑
❑ Inconsistent wl Rules
Violation Location and Site Description
Rover File
Project Location: County -N"cm,u A
_
Shoreline Length --` 7jf
Street Address/ State Road/ Lot #(s)_3�Q_
SAV: NotSure
Yes
Sandbags: NotSure
Yes
--._._.._.---..__...__....._._-._._(.�
61&11�1 —
PNA:
(S
No AdjacentSubdivision
�c,\� ZIP
ORW:
Yts
QD Adjacent
No
City
T t� 1
River Basin 1R, r • YaMZ
Crlt. Hab.
Photos
Ye:
®
No
Phone # (,_) ,t p � net A!t.Lcal._
Body �.
Waiver Required
Yes
Adj. Wtr.
1�'tf'm \Cn 1\r' -
In DWQ Buffer Area
®
No
Closest Maj. Wtr. Body -
Restoration
Extension Granted Yes No
NOV Date
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
Assessment Extended Yes
Initial Req. Comp. Date _.._.—_-_.__
Restoration Letter
Date Comp. Observed ..... __.__.......... _.-._ Acceptance Date
AppJPermit Fee
Penalty
No Willfulllntent.
Continuing
Other
Ref.
Recomm. Assess.
DCM Assess.
E7�J.0409
I.
$
$
$
$
Total

Formal Assessments, Appeals and Reductions ,
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment
Assessment Appealed Yes No
❑ Penalty modified
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 Let. Sent Date Demand Let. Sent _
Violation Activities and Impacts
AECs Affected: ® Wetlands Impacted? Yes AS If yes, which types:
CW EW HA ES N/A SA DS CJ SY JR .� LS TY
OEA SS SC SP 404
Pws: FC:
Restoration Required by the Respondent Yes ! No
l' Dimensions in excess Final dimensions
I Dimensions to restore Actually restored
of permitt
unauthorized acdWdes I allowed
NOTES: �� �rw�J F N009 iSS 01 Sl NV�6 lCOQ 2e - a' c\< ew- k1c
Closing
Payment Received $ Date Date Case Closed

A�
� , 24
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
16 August 2005
CERTIFIED MAIL 7003 3110 0002 0605 8907
RETURN RECEIPT REQUESTED
Mrs. Judy W. Taylor
403 Circle Drive
Burlington, North Carolina 27215
ft
pir lit"I
AUG 18 0005
Morehead City c�M
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-138
Dear Mrs. Taylor:
This letter confirms that on 9 August 2005, 1 met your contractor George Linton onsite your property located
at 380 Queen Anne Drive adjacent to Mixon Creek which connects into the Pamlico River located near the
Town of Bath, off SR 1774, in Beaufort County, North Carolina. The purpose of the visit was to discuss
permit requirements for the bulkhead construction on your property adjacent Mixon Creek. This letter also
confirms our 16 August 2005 telephone conversation.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken
major development 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. This requirement is imposed
by North Carolina General Statute (N.C.G,S.) 11 3A-1 18.
I have information that indicates you have undertaken or are legally responsible for the construction of t15'
of wooden bulkhead on the aforementioned property. This activity took place within the Public Trust Area
and the Coastal Shoreline that is contiguous with Mixon Creek. Public Trust Areas and Coastal Shoreline
areas are designated as Areas of Environmental Concern (AEC). No 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.
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. A civil assessment of up to $2,500 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 up to $2,500. An injunction or criminal penalty may
also be sought to enforce any violation (N.C.G.S.113A-126).
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX [phone]Internet www.nccoastalmanaaementnet

Judy W. Taylor
16 August 2005
Page 2 of 2
05.13E
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $200 not to
exceed $2,500 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.
Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the
local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the 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 owner(s) 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).
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,
David W. Moye
Express Permit Coordinator
c: Ted Tyndall, Assistant Director, DCM
Terry Moore, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Raleigh Bland, US Army Corps of Engineers
943 Washington Square Mall, Washington, North Carolina 27889
Phnno• 9R MAMAA1 % FAX• M.A7F_1718 \ IntPmof- www nrrnactalmananamont nat