05-18B Trico Grading

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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
15 November 2005
CERTIFIED MAIL 7003 3110 0002 0608 6573
RETURN RECEIPT REQUESTED D
RP(JV � 2 2m
Trico Grading
Attn: Mr. David Chamblee
P.O. Box 175
Ahoskie, North Carolina 27910
Dear Mr. Chamblee:
Morehead City DCM
This letter confirms that on 26 October 2005, Terry Moore, District Manager of the
Washington Regional Office, and I, were onsite property belonging to Mr. James A. Cobb, located
off SR 1501, at the end of North Wheeler Drive, in the Bal Gra Subdivision, adjacent the Chowan
River, near Merry Hill, in Bertie County, North Carolina. This letter also confirms our 8 November
2005 telephone conversation. The purpose of this on -site visit was to monitor CAMA general
permit No. 42261-B issued to Mr. Cobb on 29 July 2005 for the construction of a bulkhead.
Information gathered by me for the Division of Coastal Management indicates that your
actions as contractor for Mr. Cobb are in violation of the Coastal Area Management Act (CAMA).
No person may undertake activity constituting major development within 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 Statutes (NCGS) 113A-118. Information I have indicates that you are responsible for the
unauthorized filling and grading of f 1.9 acres of which±24,750 ft2 is within the Coastal Shoreline
AEC adjacent the Chowan River. Coastal Shoreline is defined in part, as the area extending from the
normal water level along estuarine waters for a distance of 75' landward. Some of the areas affected
within the Coastal Shoreline may be wooded wetlands and fall within the jurisdiction of the US
Army Corps of Engineers (USACOE). A permit was not issued to Mr. Cobb for this work.
Therefore, I conclude that you are in violation of the Coastal Area Management Act.
I request that you IMMEDIATELY CEASE AND DESIST any further unauthorized
development activities within any designated AEC on or adjacent to this property. A civil
assessment of up to $2,500 may be assessed against any violator. Each day that the development
NC11hCaro ina
J�atrrratly
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet w .nccoestalmanaaementnetl

Trico Grading
Attn: Mr. David Chamblee
10 November 2005
Page 2
05-18B r
activity described in this Notice is continued or repeated may be considered a separate violation as
provided in NCGS 133A-126(d) and may be subject to an additional civil assessment. An injunction
or criminal penalty may also be sought to enforce any violation as stipulated in NCGS 113A-126.
It is the policy of the Coastal Resource Commission to levy a minimum civil assessment of
$200 not to exceed $25b0 against all violations. This is done to recoup some of the cost 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
amount of resources affected, the extent of the damage to the resources, and whether full
cooperation is forthcoming in bringing the project into compliance.
Based upon N.C. Administrative Code Title 15A Subchapter 71-L State Guidelines for Areas
of Environmental Concern, the grading activity you have undertaken could have been permitted via
the CAMA Major Permit process. A portion of the filling within the Coastal Shoreline AEC may be
within wooded wetlands subject to the regulatory authority of the USACOE. I have instructed Mr.
Cobb to contact Ms. Tracey Wheeler, USACOE for guidelines in this area. Additionally, I am
requesting that Mr. Cobb provide all disturbed areas with a ground cover sufficient to restrain
erosion and/or in accordance with directions from Mr. Patrick McClain of the NC Division of Land
Resources, Land Quality Section.
Since this is your first documented offense as a contractor in this 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)(Fxi). 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 N.C. Administrative Code, Subchapter
7J .0409(f)(T)(I), adopted by the Coastal Resources Commission.
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].
9Sincerely, -`�` -
R. K y Spivey `/
\ - Coastal Management Representative
c: V ed Tyndall - Assistant Director, DCM
Terry E. Moore- District Manager, Washington Office, DCM
Roy Brownlow - Enforcement Coordinator, DCM
David Lekson - U.S. Army Corps of Engineers, Washington Office
Patrick McClain - Land Quality Section, WaRO

'Amu05-18B
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross, Jr., Secretary
NOTICE OF VIOLATION
15 November 2005
CERTIFIED MAIL 7003 3110 0002 0608 6573 NO V Q
RETURN RECEIPT REQUESTED 2 1005
Trico Grading
Attn: Mr. David Chamblee
P.O. Box 175
Ahoskie, North Carolina 27910
Dear Mr. Chamblee:
Morehead City pCM
This letter confirms that on 26 October 2005, Terry Moore, District Manager of the
Washington Regional Office, and I, were onsite property belonging to Mr. James A. Cobb, located
off SR 1501, at the end of North Wheeler Drive, in the Bat Gra Subdivision, adjacent the Chowan
River, near Merry Hill, in Bettie County, North Carolina. This letter also confirms our 8 November
2005 telephone conversation. The purpose of this on -site visit was to monitor CAMA general
permit No. 42261-B issued to Mr. Cobb on 29 July 2005 for the construction of a bulkhead.
Information gathered by me for the Division of Coastal Management indicates that your
actions as contractor for Mr. Cobb are in violation of the Coastal Area Management Act (CAMA).
No person may undertake activity constituting major development within 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 Statutes (NCGS) 113A-118. Information I have indicates that you are responsible for the
unauthorized filling and grading of t 1.9 acres of which±24,750 ftz is within the Coastal Shoreline
AEC adjacent the Chowan River. Coastal Shoreline is defined in part, as the area extending from the
normal water level along estuarine waters for a distance of 75' landward. Some of the areas affected
within the Coastal Shoreline may be wooded wetlands and fall within the jurisdiction of the US
Army Corps of Engineers (USACOE). A permit was not issued to Mr. Cobb for this work.
Therefore, I conclude that you are in violation of the Coastal Area Management Act.
I request that you IMMEDIATELY CEASE AND DESIST any further unauthorized
development activities within any designated AEC on or adjacent to this property. A civil
assessment of up to $2,500 may be assessed against any violator. Each day that the development
tCamllna
urally
943 Washington Square Mall, Washington, North Carolina 27889
Phone, 252-946-6481 1 FAX:[phone] Internet: w .nccosstslrnanaoement.netl

Trico Grading
Attn: Mr. David Chamblee
10 November 2005
Page 2
05-18B v
activity described in this Notice is continued or repeated may be considered a separate violation as
provided in NCGS 133A-126(d) and may be subject to an additional civil assessment. An injunction
or criminal penalty may also be sought to enforce any violation as stipulated in NCGS 113A-126.
It'is the policy of the Coastal Resource Commission to levy a minimum civil assessment of
$200 not to exceed $2500 against all violations. This is done to recoup some of the cost 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
amount of resources affected, the extent of the damage to the resources, and whether full
cooperation is forthcoming in bringing the project into compliance.
Based upon N.C. Administrative Code Title 15A Subchapter 7H, State Guidelines for Areas
of Environmental Concern, the grading activity you have undertaken could have been permitted via
the CAMA Major Permit process. A portion of the filling within the Coastal Shoreline AEC may be
within wooded wetlands subject to the regulatory authority of the USACOE. I have instructed Mr.
Cobb to contact Ms. Tracey Wheeler, USACOE for guidelines in this area. Additionally, I am
requesting that Mr. Cobb provide all disturbed areas with a ground cover sufficient to restrain
erosion and/or in accordance with directions from Mr. Patrick McClain of the NC Division of Land
Resources, Land Quality Section.
Since this is your first documented offense as a contractor in this 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 ttie N.C. Administrative Code, Subchapter
7J .0409(f)(F)(I), adopted by the Coastal Resources Commission.
Thank you for your time and cooperation in resolving this important matter. Ifyou have any
questions, please do not hesitate to contact me at [phone].
Sincerely,
R. K y S vey
Coastal Management Representative
c: Ted Tyndall — Assistant Director, DCM
erry E. Moore- District Manager, Washington Office, DCM
'Roy Brownlow — Enforcement Coordinator, DCM
David Lekson - U.S. Army Corps of Engineers, Washington Office
Patrick McClain — Land Quality Section, WaRO