14-06B Foster Seafood

E
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory John E. Skvarla, III
Governor Secretary
1 May 2014
CERTIFIED MAIL 7010-0290-0001-5628-7192
RETURN RECEIPT REQUESTED
Fosters Seafood
C/o Ernest F. Foster
220 Loop Road
Belhaven, North Carolina
RE. Violation of CAMA Major Development Permit No.11-13
CASE #14-06B
Dear Mr. Foster:
This letter confirms that on 23 April 2014, I was onsite your property located at 70 Captain Tom Drive adjacent
Duck Creek and the Pamlico River near the Town of Bath, Beaufort County, North Carolina. The purpose of the visit was
to monitor the permitted development of three piers, a partially covered overland dock, bulkhead and breakwater
authorized in Major CAMA Permit No. 11-13. This letter also confirms our telephone conversation on 1 May 2014.
hnformation gathered by me for the Division of Coastal Management indicates that you, as property owner, 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,
Information I have indicates that you have violated the terms or conditions of CAMA Major Permit No.11-13
which was issued to you by the Coastal Resources Commission and the North Carolina Department of Environment and
Natural Resources. This unauthorized development was undertaken within the Estuarine Shoreline of the Pamlico River.
Estuarine Shoreline is defined in part, as the area extending landward from Normal Water Level along Estuarine Waters
for a distance of 75'. Estuarine Shoreline is a designated Area of Environmental Concern (AECs) and no permit was
issued to you for development in this area. Therefore, I conclude you are in violation of the Coastal Area Management
Act. I hereby request that you immediately Cease and Desist any further unauthorized activities within designated Areas
of Environmental Concern.
On 16 January 2013, CAMA Major Permit No. 11-13 was issued to you, and on 15 November 2013 your permit
was modified to extend an existing 8' wide dock, cover a portion of the 8' wide dock, and construct a 7' by 36' deck for a
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

Fosters Seafood
C/o Ernest F. Foster
1 May 2014
Page 2 of 2
future building. You had also requested to park 2 semi van trailers on the southern end of the permitted dock and
construct a 7' by 36' deck next to the trailers for access. On 18 October 2013 you requested to delete the parking of the
van trailers and adjacent 7' by 36' deck from your request. This was done because the N.C. Division of Water Resources
could not authorize this activity without a Major Variance from the Tar -Pamlico River Basin Buffer Rules.
This permit included the following terms and condition:
1. In accordance with the permittee's letter dated 18 October 2013, the original proposal to park 2 semi van trailers
on the southern end of dock and the proposed construction of a 7' by 36' deck is hereby removed from this
project. Any reference to these proposals in the attached workplan drawings is hereby null and void.
For the following reasons, you are in violation of the above terms and condition of your permit:
1. An inspection on 23 April 2014 revealed that one semi van trailer and the 7' by 36' long deck were located at the
southern end of the permitted dock.
Additionally on 23 April 2014 I observed that a concrete footer had been poured around an existing building
piling set located approximately 50 feet landward of the bulkhead adjacent the Pamlico River. You are hereby
requested to STOP WORK IMMEDIATELY and file the necessary application with this office for a CAMA
permit modification. NO WORK MAY PROCEED UNTIL THE PERMIT OR MODIFICAITON IS
ISSUED. If you comply voluntarily, no further action will be necessary beyond the issuance of a permit.
It is the policy of the Coastal Resources Commission to assess a civil penalty plus investigative costs against all
violations. 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. 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.
Based upon current Division of Coastal Management regulations no structural modification or restoration will be
required by the Division of Coastal Management. However, the N.C. Division of Water Resources may require
modification and/or restoration to comply with the Tar -Pamlico River Basin Buffer Rules, 15A NCAC 02B .0259. You
are urged to contact Mr. David May at [phone].
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]. Pending an enforcement report to be submitted, you will be notified
as to the amount of a civil assessment for undertaking development without the proper permits.
Since
rely,
Kelly Spivey
Coastal Management Representative
Cc: David Moye, District Manager, DCM
Roy Brownlow, Compliance and Enforcement Coordinator, DCM
David May, Regional Supervisor, NC Division of Water Resources

PL")
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory John E. Skvarla, III
Governor Secretary
10 June 2014
Fosters Seafood
cto Ernest F. Foster
220 Loop Road
Belhaven, North Carolina 27810
RE: Payment of proposed Penalty for Violations of the Coastal Area Management Act
Committed in Beaufort County
CAMA Violation No. 14-06B
Dear Mr. Foster:
This letter will acknowledge receipt of Check No. 2868 in the amount of $527.00,
and dated 6 June 2014. 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 cuestions concerning this matter, please contact me in
theWashington Regional Office at 252-948-3852.
Sincerely,
David W. Moye
District Manager
Division of Coastal Management
Washington Regional Office
Cc Roy Brownlow, Compliance & Enforcement Coordinator, DCM
Kelly Spivey, Coastal Management Representative, DCM
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: 252-94N478 Internet www.nocoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
k. , U WVLD
JUN 12 2014
*Dcv"= =

DCM ENFORCEMENT TRACKING REPORT
14.A1
MPS
/ Issuer
K Rep. eLLY SPA✓Ex -- j5j
Rep,
■ON
Violation Case No. 1 4-- - Ulo .3
Permit No. It — 13
(if applicable)
Violation Description Was activity permittabl Ye / No
r'ei DCM R-LE- 5
Initial Discovery Date'23 pee,, Zo rq- Discovery Method GO M P LPn wl 1
Violation Description A 7 'x 3� yAs i J c-Oasrn-r. SogwkiarhZ ,t,.4� o-IE H, -un,J
RespondentName(s)
Address -zz D Loo P eag o City BEL 14Avt�.) State N C Zip Z78 O
Phone # t zsa3 9 `h - 91 -2 Fax #/Email
Corporate Name & Registered agent
Violation Type: Project Type: Authorizations Required:
❑
No Permit E] Private/Community�
Major CAMA
Permit Condition ❑ Govt./Public ❑
Minor ❑ D&F
❑
Expired Permit A Commercial ❑
General
❑
Inconsistent w/ Rules Tier Level: 1 II III
Site Visits Respondent Site Visits Respondent
Present Present
wlz3 , 4- ❑
El
Violation Location and Site Description
— JUN 12 2014
Lat/Long
Project Location: County /�nw 02 r el> -
Shoreline Length 'z-9
Street Address/ State Road/ Lot #(a) "76 C A i— -++J
SAV. CWia�.SUr [���� Yes 1 MHDCITY
VT-, 0e o?'-- 'S¢ 1'3S'S
Sandbags: Not Sure Yes No
Subdivision �wGy—
PNA: Z'J •'A.v CH.:)No Adjacent
City T� .+.-rrl ZIP p -:S
ORW: Yes MD Adjacent
Cnt. Hab. Yes ;9T.)
Phone # ( =t— River Basin "TAQ - PAvi w e v
Photos Yes ;r o
Adi. Wtr. Body ,>_, ����Z uqx
Waiver Required Yes o
='��K
Closest Maj. Wtr. Body PANI �I, ,,, �, ��
In DWQ Buffer Area Ves No
Specify DWQ Buffer if applicable: -T4 IL- PA�
Restoration
NOV Date I MAY 'z.'+�Y- Initial Req. Comp. Date t4 7,y
Extension Granted Yes No
CNOV Date +.1/A
Penalty Assessment
Restoration Letter
Date Comp. Observed 11 7%i- Acceptance Date ?a 7A
Sent to Respondent Date 'yJMNE2-%7¢ I App•/Permit Fee
Rcvd. by Dist. Mgr. Date
Penalty
Assessment Extended Yes No Wifful/Intent.
Continuing
Investigative
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$ zso
$ z-Sa
$ 4,5, -Z
$ Z'40
$ 27 i
$ -Z'7
Total

tilA
a)
Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment $
Attorney General's Office for Injunction or Formal Collection
Date sent to AG
Date Collection Letter Sent
Violation Activities and Impacts
AECs Affected
Assessment Appealed: Yes No
❑ Penalty modified
Respondent not responsive to penalty/NOV Injunction to complete restoration
Date Demand Letter Sent
CW EW PTA- ES PTS
OEA HHF IH BA
PWS: FC:
Omer: 14 ) A
Restoration Required by the Respondent Yes / !o
Wetlands Impacted? Yes AL , If yes, which types:
SA DS cJ SY JR LS TY
SS SC SP IF BF 404
Dimensions in excess
of permit/ unauthorized activi ies
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activities
U�t1EQ.v'/J 'DEG[.
i �
L �C= )xj✓1
Habitat Description
�Jt Scivl
� L�
7 {+o R..T-• �j
I
NOTES:
-E'4M,Tl-^F i A-c �5�.-•--n
L�a„nA .n .a�c2
l't-2,..�r 911-I'i
akJ
T 1hlL J
': r� "1"tu 1
"-1-�Li-1
ST +-IZ�� —, IA
� Ztl ALr�2Loa.-1C4 1✓ T-4 T7-16
Fe-Q". Tr.F;E
�yrr be C- ':>'A-T=1
14. I')GTC ZQ ZJi 3 T •' �,
CalTO VAr)
9-QAILYYLS
i1N il9t JDU n-ti-ZT.t
$tJn DV" 'D '� A�1r. 'RaC.
9R IBJ "L7 L `�SS^d
Ltln��
D'� A T OU�V-. \5
4ETeyi4 Re-o ro Ftr_OnA 1-4,b
AJY
Y�Kazetle-£
—v tii '�E P2�Po�L+zi
Mil. 'FOS'I1F2 i��e'Y-1LM 6�-4Q
�+'�`N' -VA1J T�N"�l. Eye /�J
(�j TES �44CTCb �1"IT ill;61
Ti GLK ->• -r"T•1'6 LIPS n-�. S'>�-eXLt
+-� '1'-.LEST
�T1V 1T
ES W �L� LoLkS�£Y� W •T•a hL
T'A8_ L l t 0
to L D'IN't? 71. fin
Ar) ti
-a r�raQ.�,'� ct) W 1 L L-
Closing
00
Payment Received $ � Z1. Date (oID(y Date Case Closed