05-33A Elmy

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NCDENR
North Carolina Department of Environment and Natural R so urc lV 2 8 ?005
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director VV "hVUUWDCM
NOTICE OF VIOLATION
November 21, 2005
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CERTIFIED MAIL LSB �gB
RETURN RECEIPT REQUESTED TB
MTT
Mr. Santos Elmy
Beach Bulkheads
106 Pinecone Court
Grandy, NC 27939
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT.
CAMA VIOLATION #05.33A
Dear Mr. Elmy:
This letter is in reference to a site visit I made on October 14, 2005 to Mr. Stanley Crossland's and Mrs.
Deborah Deaton's property located at 39200 Albacore Lane located in or near Avon in Dare County, North
Carolina. The purpose of the visit was to investigate the unauthorized installation of a bulkhead. This letter
also confirms that subsequent conversations with Mr. Barry Gower of BD&A revealed that General Permit
#40151A had been issued on December 17, 2004 to install the bulkhead and a pier, however the permit
had expired on March 17, 2005.
Information gathered by me for the Division of Coastal Management indicates that your actions as
contractor for BD&A are in violation of the Coastal Area Management Act (CAMA) as well as the State's
Dredge and Fill Law. 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.
1 have information that indicates you have undertaken or are legally responsible for installing a 70-foot
bulkhead on the aforementioned property without a current permit. This activity took place in Estuarine
Shorelines, Estuarine Waters, and Public Trust Areas that are contiguous with the Pamlico Sound.
Estuarine Shorelines, Estuarine Waters, and Public Trust Areas are designated as Areas of Environmental
Concern (AEC). No permit was issued to you for work in this area. 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 State's Dredge and Fill Law.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal opportunity 1 Affirmative Action Employer — 30% Recycled by Fiber Weight

I request that you immediately CEASE AND DESIST any further development and contact me about this
matter. 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, which is
subject to an additional assessment of $2,500. An injunction or criminal penalty may also be sought to
enforce any violation pursuant to N.C.G.S. 113A-126,
It is the policy of the Coastal Resources Commission to assess a minimum civil penalty $200 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. Whether a higher amount will be assessed will depend on
several factors, including the nature and area of the resources that were affected and the extent of the
damage to them.
You are also in violation of the State's Dredge and Fill Law which requires a permit from the North Carolina
Department of Environment and Natural Resources before undertaking any excavating or filling in any
estuarine waters, tidelands, marshlands, or state-owned lakes pursuant to N.C.G.S. 113-229. Therefore,
also request that you immediately CEASE AND DESIST such unauthorized activity and contact me about
this matter as well. Violations of the State's Dredge and Fill Act may be enforced by a criminal penalty or a
civil action for damages or an injunction in accordance with N.C.G.S. 113.229.
Since this is your first documented offense as a contractor in these designated Area(s) of Environmental
Concern, there will be no assessment levied against you in accordance with the North Carolina
Administrative Code, Title 15A, Subchapter 7J.0409(f)(4)(F)(i). However, if you continue to violate the
Coastal Area Management Act, you should consider yourself forewarned and expect a civil assessment to
be levied against you consistent with the North Carolina Administrative Code, Title 1.5A; Subchapter 7J,
Section .0409, as adopted by the Coastal Resources Commission.
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,
Gx�
Joh Cece
Coastal Management Representative
cc, Ted Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City
Ted Sampson, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Jim Meads, LPO, Dare County

DCM ENFORCEMENT TRACKING
_ Iss er
Field Rep. % N?�- ? Violation Base No..
LPO J I1 YYI 016HOL
Violated Permit Nc
LPI 11 ✓I J1� l41L(AJff (Itappllcable)
Violation Descripti In
Initial Discovery Date % d Discovery Method
Violation Description — i n �n - 1
ent
Prior
In same AEC; Yes /
Respondent Name(s) 2UL rv_a a C-L-a4 ----
p i+/ 1>S�0CCCN� G
Address—
Phone #_—s�r�—�—y� Fax #
RICS;
NOV 1�
a R E P
Was activity permittabiea
/
No
State /I%L Zip a ��
Email
Authorizations Required: Site Visits Respondent Site Visits Respondent'
Violation Type: Project Type;
Present Present
❑ No Permit
PrivatelCommunity ❑Major LAMA - ❑ ❑
❑ Permit Condition Govt./Public ❑Minor [� D&F % S ❑ ❑
Expired Permit ❑ Commercial General I,,,_ ❑ ❑
I Inconsistent wl Rules ft z
Violation Location and Site Description
Project Location: County D qr
,.4g7n
Street Address/ State Road/ Lot #(s) 3 r—T Up AZ-15 LURE L AA '
LOT & _
Subdivision_—_W�� 4� V
Phone# (1V
'__� S^ River Basin
_ �
nsol—
Closest Mai. Wtr. Body __e'la L C b Cli I/!U__1fl—_—
Restoration
NOV Date -AjUQL
CNOV Date ---
Penalty Assessment
Sent to Respondent Date
Rcvd by DCM Date --
Assessment Extended Yes No
r)/W)
Rover File ,.
i
—
Shoreline Length -70
SAM Not Sure
Yes
a
Sandbags: Not Sure
Yes
�5
PNA:
Yes
r Adjacent
ORW:
Yes
® Adjacent
Crit. Hab,
Yes
C
Photos
f&
No
Waiver Required
Yes
& .
In DWQ Buffer Area
Yes
(5
Specify DWQ Buffer If applicable:=
Initial Req, Comp: Date
Date Comp. Observed -------
App./Permit Fee
Penalty
Willfullintent.
Continuing
Other
71.0409 Ref
Extension Granted Yes No
Restoration Letter
Acceptance Date
Recomm. Assess. i DCM Assess,
$ ;5

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,
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 A ed: Wetlands Impacted? Yes I N® If yes, which types:
DEWa��ccte.+ss-�� ES' PTS
OEA • HHF IH SA CJ JR LS TY
SC IF
SS SC SP IF BF 404
PWS: FC:
Other:
Restoration Required by the Respondent Yes I No
Dlmenslons in excess
of permld unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activltles
v'
P�
Habitat Description
NOTES:
Closing
Payment Received S___...._.___.—.--_Date__—.-- Date Case Closed

20-Dec-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
fl$E 5TA-jlI$ CASE NUMBER LAST NAME FIRST
� I NAME BUSINESS NAME'.
OS-33A ELMY SANTOSANTOS IBFACH BULKHEADS
Cl CASE IS CLOSED I Previous Violations In Same
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR Ar-C for Similar Activities
11/21/2005 ,F&F a,,( ',, ICONTRACTOR COMMERCIAL
MAILING ADDRESS
CITY STATE
ZIP CODE PHONE NUMBER
106 PINECONE COURT
GRANDY NC
27939- [phone]
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
39200 ALBACORE LN
AVON
PAMLICO SOUND r
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO DARE ICECE I��
VIOLATION TYPE AFFECTED AEC(S} ❑ CW © EW © PTA ] ES ❑ PTS
MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
uthorized major development and violation of the State's dredge and fill law by constructing a bulkhead within
EW, PTA, ES AECs in and adjacent to the Pamlico Sound. Work was done on an expired CAMA permit.
❑ RESTORATION,REQUIRED
F/] RESTORATION NOT REQUIRED - CONTRACTOR
❑ RESTORATION NOT REQUIRED -. PERMITTABLE DEVELOPMENT
RESTORATION NOT REQUIRED -FURTHER IMPACTS
❑ RESTORATION PENDING
ASSESSMENT DATE
RESTORATION REQUEST DATE COMPLETION DATE
RESTORATION EXTENDED RESTORE DATE
❑ DEADLINE
EXTENDED
❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE: F—
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: F—
PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
❑ PENALTY ISSUED
❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ PENALTY NOT ISSUED ❑ CNOV ISSUED (—CNOV DATE
U CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED F APPEAL DATE
❑ FORMAL CPA ISSUED I FORMAL CPA DATE
El SETTLED. AGREED UPON. STIPULATED PENALTY r—SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY I—UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SQ, FT) r �
NOTES
FOR CROSSLAND/DEATON