07-11A Edmundson

ARA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
October 26, 2007
Mr. Michael Edmundson
P.O. Box 1224
Elizabeth City, NC 27909
OCT 3 1 2007
Morehead City Dl
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Pasquotank County, CAMA Violation #07-IIA
Dear Mr. Edmundson:
This letter will acknowledge receipt of your Check #1546 in the amount of $350, and dated
10/25/07. 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 questions concerning this matter, please contact me at my Elizabeth City
office at 252-264-3901.
Sincerely,
Frank A. Jennings, III
District Manager, Northeast District
FAJ/ybc
cc: M. Ted Tyndall, Assistant Director, DCM, Morehead City
„ Roy.Brownlow, Compliance Coordinator, DCM, Morehead City
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Michael Edmundson
July 30, 2007
Page 3
CAMA VIOLATION #07-11-A
Michael Edmundson
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 $350 against me for violation
of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near
my property at 109 Grandview Drive in Pasquotank 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 March 26, 2007, and
agree to pay the proposed civil assessment of $350.

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NCDENR rb
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director
July 30. 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Michael Edmundson
P.O. Box 1224
Elizabeth City, NC 27909
RE: CAMA VIOLATION #07-11A
Dear Mr. Edmundson:
rb
mtt
Resources
William G. Ross Jr., Secretary
rn iF
D
AU6 3 2007
Mureheaci City DCM
This letter is in reference to the Notice of Violation dated March 26, 2007 that Kimberly
Hedrick, representative for the Division of Coastal Management, issued to you for
exceeding 30% impervious surfaces, construction of a pool, gazebo, and fence in the
Estuarine Shoreline Area of Environmental Concern (AEC), construction of two
boathouses, one with sides exceeding half the height of the walls with second story use,
construction of an impervious walkway exceeding six feet in width in the 30-foot buffer,
and a total of four boat slips within the canal adjacent to Pasquotank River at 109
Grandview Drive, Pasquotank County. The violation involved Public Trust Area,
Estuarine Waters, and Estuarine Shoreline, which are Areas of Environmental Concern
designated by the Coastal Resources Commission. Based upon the site visit conducted
on July 24, 2007 by Kimberly Hedrick, 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 $2,500
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 $350 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 order for $350 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.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
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Michael Edmundson
July 30, 2007
Page 2 of 3
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,
Frank A. Jen�gs,
District Manager, Northeast District
FAJ/ybc
Enclosures
cc: M. Ted Tyndall, Assistant Director, DCM, Morehead City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Lynn Mathis, Compliance and Enforcement Representative, DCM, Elizabeth City

Michael Edmundson
July 30, 2007
Page 3 of 3
CAMA VIOLATION #07-11-A
Michael Edmundson
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 $350 against me for violation
of the Coastal Area Management Act, NCGS 113A-100 et sec, committed on or near
my property at 109 Grandview Drive in Pasquotank 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 March 26, 2007, and
agree to pay the proposed civil assessment of $350.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

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NCDENR _orb
North Carolina Department of Environment _.._ ,.ULUI01 rNabuurces
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
March 26, 2007 RD
CERTIFIED MAIL
RETURN RECEIPT REQUESTED MNI? `L 8 Z007
Michael Edmundson Morehead City DCM
P.O. Box 1224
Elizabeth City, NC 27909
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #07-11-A
Dear Mr. Edmundson:
This letter confirms that on March 20, 2007, Frank Jennings, Division of Coastal Management Northeast
District Manager, and I were onsite at your property located at 109 Grandview Drive adjacent to a
manmade canal to Pasquotank River located in or near Grandview Estates Subdivision, off River Rd. (SR
1169), Pasquotank County, North Carolina. The purpose of the visit was to investigate unauthorized
development activities that were observed while on a routine aerial surveillance flight conducted on March
12, 2007. The nature of the observed unauthorized development activities consist of exceeding 30%
impervious surfaces, construction of a pool, gazebo, and fence in the Estuarine Shoreline Area of
Environmental Concern (AEC), construction of two boathouses, one with sides exceeding half the height of
the walls with second story use, construction of an impervious walkway exceeding 6-feet in width in the 30-
foot buffer, and a total of four boat slips within the canal to Pasquotank River.
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-1 18.
I have information that indicates you have undertaken or are legally responsible for 40% impervious
surfaces in the Estuarine Shoreline AEC, a total of four boat slips, 10.5-foot wide impervious walkway
through the 30-foot buffer, and boathouse walls exceeding half the height of the walls with a second story
upper deck on the aforementioned property. This activity took place in Public Trust Area, Estuarine Waters,
Estuarine Shoreline that are contiguous with the canal to Pasquotank River. Public Trust Area, Estuarine
Waters, Estuarine Shoreline 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.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Michael Edmundson
March 26, 2007
Page 2 of 4
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).
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 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 the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas
of Environmental Concern, the activity you have undertaken, exceeding allowed impervious surfaces in
Estuarine Shoreline AEC, exceeding 6-foot wide impervious walkway width in 30-foot buffer, exceeding two
boat slips allowed under CAMA General Permit #26887A issued to you on February 14, 2001, and having
sides on a boathouse exceeding half the height of the walls with a second story use in the Public Trust
Area, Estuarine Waters, Estuarine Shoreline AEC(s), is not consistent with the following rules:
(1) Section .0209(d)(2), which does not allow impervious surfaces to exceed 30% of the AEC area of
the lot, unless the 30% limitation can be met through innovative design;
(2) Section .0209(d)(10(D), which allows elevated, slatted, wooden boardwalks in the buffer no greater
than 6-feet in width;
(3) Section .1204(a), which does not allow for more than two boat slips under a CAMA general permit;
(4) Section .12050), which does not allow for boathouse sides to extend further than one-half the
height of the walls as measured in a downward direction from the top wall plate or header.
(5) Section .1205(I), which does not allow for second story use of a boathouse.
Therefore, I am requesting that impervious surfaces in the Estuarine Shoreline AEC be reduced to 30%, or
an engineered stormwater design be submitted that would meet the 30% limitation, reduce the width of the
impervious walkway in the buffer to 6-feet or replace with a 6-foot wide elevated, wood, slatted walkway,
cut the sides of the boathouse to not exceed the one-half the height of the walls limitation, and remove the
steps to the upper deck of the same boathouse and remove or connect the railing. 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 near future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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Michael Edmundson
March 26, 2007
Page 3 of 4
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 the civil assessment for undertaking development without first obtaining the
proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules.
Sincerely,
Kimberly Hedrick
Coastal Management Representative
Cc: M. Ted Tyndall, Assistant Director, DCM
Frank Jennings, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
ENCLOSURE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Michael Edmundson
March 26, 2007
Page 4 of 4
RESTORATION PLAN
For
Michael Edmundson Property
CAMA Violation No. 07-11-A
Property located at 109 Grandview Drive, Pasquotank County
I, Michael Edmundson, agree to:
1. Reduce impervious surfaces in the Estuarine Shoreline Area of Environmental Concern (AEC) to
30% OR submit an innovative design that would be equivalent to at least the 30% impervious
surfaces limitation.
2. Reduce the impervious walkway width in the 30-foot buffer to 6-feet OR replace entire walkway in
the 30-foot buffer with a wooden, elevated, slatted walkway no wider than 6-feet.
3. Remove at least a portion of the boathouse sides exceeding one-half the height of the walls to no
greater than one-half the height of the walls as measured in a downward direction from the top wall
plate to normal water level (NWL).
4. Remove the steps leading to an upper deck on the boathouse and completely remove OR connect
the railing around the boathouse roof.
5. Obtain riparian notification forms from two riparian property owners regarding all development on
property in the Estuarine Shoreline AEC and in the Public Trust Area, Estuarine Waters AEC.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
May 26, 2007, or provide an explanation for non-compliance and a reasonable request for time extension.
When corrective actions are complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $350 and higher against all violations
of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a
substantially higher civil assessment will be levied and an injunction sought to require restoration.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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DCM ENFORCEMENT TRACKING REPORT
_... _ I!, -- ll a Issuer Olen r%ln C-7 I I
U A' B C D
LPO `-' �
Violated Permit No.
LPj (if applicable)
Violation Description
Initial Discovery Date 3%it j oT—
Violation Description
Was activity permittable? Yes / Ala)
Discovery Method e. dA Swr\A,, t I a w
/ D
11,- zno/. F_C APO- `i LA A A+11%0n 2td Yl o UnA�Akan bat
f
Respondent Informatlron Pf for Violations in same AEC:
Yes J No Gase Number •u t
Respondent Name(s) �''iJACI
E I EcA'm�A
A cl S u n
(andowne Agent/Contractor)
P10. 3 O1)4
z Z14
City
t t State W C, Zipm7 c'/ G 9
Address
I
Phone #-��c'1 -,338,
Fax#
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I
Email
_
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent Site Visits Respondent
[ No Permit
Private/Community
CAMA Present Present
Major 3 Zd 07 A u
!`i Permit Condition
❑ Govt./Public
[i Minor D&F
Expired Permit
Commercial
❑General
01 ❑
Inconsistent w/ Rules
Violation Location and Site Description
c�117 (L�
Rover File
o nk
Project Location: County�sA�d.-T�_ ---
Shoreline Length I ZD
Street Address/ State Road/ Lot #(s) I Oh r n V', Vv fir,
SAM Notsure Yes
0
Lo Ol,
Sandbags: Not Sure Yes
GD
Subdivision n �v� �S�}_—���—
PNA: Yes
Yes
�-� Adjacent
lflxAdjacent
ORW
City F 1;Z a b CiM G}.y--__--- ZIP__.,11�+_1.__ --
Crlt. Hab. Yes
00
Phone # (U&S%) 338-58�yI(R River Basin _ �pS�vti>Sr+��—_
Photos (9
No
Adj. Wtr. Body(oat kaWun L-
Waiver Required Yes
Closest Ma'.Wtr.Bod QAS�^aecn r< �,,tEa___._.
y
In DWQ Buffer Area Yes
� --------'--'—
Specify DWQ Buffer if applicable:
_
Restoration
Extension Granted
Yes No
NOV Date—3�.�-�O s.7 Initial Req. Camp. Date —54-,Z-4 Z-o__%
Restoration Letter
CNOV Date --.___... Date Comp. Observed ._—._-- Acceptance Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date _....._ _
Assessment Extended Yes No
App./Permit Fee
Penalty --- -
Willful/Intent.
Continuing
7J.0409 Ref
tel G)
Recomm. Assess. DCM Assess.
S
Other $ $
Total # 350

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
Penalty modified
Final Assessment S Data
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: �� r�
CW tE� try PTS
OEA HHF IH
PWS: FC:
Other: �,.�
Restoration Required by the Respondent Yes No
f'"P
Wetlands Impacted? Yes /i —O If yes, which types:
SA DS ci SY A LS TY
SS SC SP IF BF 404
Dimensions In excess Dimensions to restore
of permit/ unauthorized activities
Final dimensions
allowed
Actually restored
Development Activities
v � £ C �S I _ q lSS d
✓. W 4,
O S +.
1
I i
i
Habitat Description
I
I
NOTES:
Closing
Payment Received $ Date Date Case Closed

Michael Edmundson, 109 Grandview Dr., Elizabeth City, NC 27909
Photo taken March 12, 2007. Site visit on March 20, 2007
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02-Jul-07 NO DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
`'� ,CASE IS OPEN 'I 07-11A JEDMUNDSON MICHAEL
CASE IS CLOSED Previous Violations in Same
❑ AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR
r 3/26l2007 XL1
I _ 9F PROPERTY OWNER PRIVATE Duplicate Record
1079
MAILINGADDRESS CITY STATE ZIP CODE PHONE NUMBER
POB 1224 ELIZABETH CITY NC 27909- [phone] Show Related Violations
PROPERTY ADDRESS COMMUNITY WATERBODY
1109 GRANDVIEW DR (ELIZABETH CITY IPASQUOTANK RIVER
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO PASQUOTANK 1HEDRICK Not Available
VIOLATION TYPE
MAJOR CAMA
NATURE OF VIOLATION
AEC DESCRIPTION
NEAREST ROAD
SR1169
❑ CW V7 ElN V❑ PTA © ES ❑ PTS
❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA
Unauthorized major development by exceeding the impervious coverage limitation and construction of an
impervious walkway in the ES AEC, construction of four boat slips, boathouse walls, and a second story platform on
an existing pier in the PTA and EW AECs within and adjacent to the Pasquotank River.
[] RESTORATION REQUIRED
RESTORATION NOT REQUIRED - CONTRACTOR
❑ RESTORATION NOT REQUIRED- PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED- FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
5/26/2007
RESTORATION EXTENDED RESTORE DATE
❑ DEADLINE F
EXTENDED
❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE: F—
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE:
PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENDING
❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ PENALTY ISSUED ❑ CNOV ISSUED FCNOV DATE
Ci PENALTY NOT ISSUED ❑ PENALTY APPEALED F—APPEAL DATE
Ll FORMAL CPA ISSUED FFORMAL CPA DATE
[:1 CONRACTOR'S FIRST OFFENSE I--] SETTLED. AGREED UPON. STIPULATED PENALTY rSETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY r--UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
ASSESSMENT DATE
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES