05-17B Cobb

DCM ENFORCEMENT TRACKING REPORT
j `�,✓�Y Issuer
Field Rep.�iEr-may J Vie!ai,n
_ A B C D
LPO -
Violated Permit No.
LPJ 3FR r)e L'su Jr� (a applluble)
Violation Description Was activity permittable?=Ye� No
Initial Discovery Date ,?6 061- os DiscoveryMethod Mo � J r rC;iAi rJ(6 i/is e T
Violation Description
Respondent Information
E
Prior Violations in same AEC: Yes / No
RespondentName(s)
Address 7907 Ak&,41,04 AP'City 4-)Aoosi kraej State*JC. Zip 2Ss-ki//
Phone # 4 ?/A ) 4 /'7 - Z- I ! Fax #
cmau
Violation Type: Project Type: Authorizations Required:
Site Visits Respondent Site Visits
Respondent
No Permit PrivatelCommunity r� ❑ CAMA Major
Present
2b ° aT os ❑
Present
L7
❑ Permit Condition Govt./Public ❑Minor ❑ D&f
❑
J
Expired Permit ❑ Commercial ❑ General
❑
71
❑ Inconsistent wl Rules
Violation Location and Site Description
Rover File ..
Project Location: County
Shoreline Length t 2T o
Street Address) State Road/ Lot #(s) o $T-T f,eeSo /
SAV: Not sure Yes No
d f L Ayi-C✓ � :-} pr, �..% ', eE]g ��Sandbags: Not Sure Yes �2
eH�
PNA: Yes 11No
Adjacent
Subdivision 3A 6tl
ORW: Yes to
Adjacent
City /'I'll 41 t'a" ZIP
Crit. Hab, Yes No
River Basin G-lo wA-nZ
Photos Y� No
Phone # (_)
C/-!d R'f Va�i'_
Waiver Required Yes DoAdj.
WV. Body u/ki4 �
In DWQ Buffer Area Yes No
Closest Maj. Wv. Body G L +�---� r v/°x
Specify DWQ Buffer If applicable:
Restoration
Extension Granted Yes
No
? NDV ©i Initial Req. Comp. Date /D Vic' aT
NOV Date
Restoration Letter T
) D /p
�L TAre! D(o
CNOV Date Date Comp. Observed .Acceptance Date
Penalty Assessment 7J.0409 Ref. Recomm. Assess. F DCM Assess. l
Sent to Respondent Date KConunulng
Fee s Q S'O. °u is 45 c °
Rcvd by DCM Date �F $ / p & °O �s
u
t �s is
Assessment Extended Yes No s s
Other $ is
Total �, Z>

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
Final Assessment $ nate ❑ Penalty modified
Attorney General's Office for Injunction or Formal Collection
Date sent to AG, ❑ Respondant 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 / No' If yes, Which types:
CW EW PTA ES PTS
OEA • HHF IH SA DS Cl.. ST JR LS TY.
PWS: FC:
SS SC SP IF BF 4.04
� .
Restoration Required by the Respondent Yes / No
-
Dimensions In excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed ( Actually restored
j Development Activities
I I
i Habitat Description
NOTES:
Closing
�-/�-4✓c,.--mil ems= Payment Received S note Date Case Closed •

►� �CQ" LSB RB
TB _V__-RB
I� MTT
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
n1r, EO
26 January 2006 FEB 0 9 2006
Mr. James Cobb Morehead City DCM
7907 Reunion Road
Wilmington, NC 28411
RE: Payment of Proposed Penalty for Violations of the Coastal Management Act
Committed in Berrie County
CAMA Violation No. 05-17B
Dear Mr. Cobb:
This letter will acknowledge receipt of Check No. 124 in the amount of $350, and dated
19 January 2006. 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 R. Kelly Spivey,
252-948-3853, at the Washington Regional office.
Sincerely,
i
Terry E. Moore
District Manager
Division of Coastal Management
Washington Regional Office
C: Ted Tyndall - Assistant Director, DCM
Roy Brownlow - Compliance & Enforcement Coordinator
R. Kelly Spivey - Coastal Management Representative, WaRO, DCM
�° Caro na
I
aiur'y
943 Washington square Mall, Washington, North Carolina 27889
Phone: 252-946-Ml 1 FAX: [phone] Internet: www rtcwestelmaneaement.netl

I7-Feb-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME.
CASE IS OPEN I 05-176 ICOBB DAMES A.
CASE IS CLOSED Previous Violations in Same
- AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days
AFFLILIATION SECTOR
it/8i2005 F77-777777
PROPERTY OWNER PRIVATE
MAILING ADDRESS
CITY
STATE ZIP CODE PHONE NUMBER
7907 REUNION RD
WILMINGTON
NC 28411- [phone]
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
N. WHEELER DR
IMERRY HILL ICHOWAN RIVER SR 1501
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WARD IBERTIE ISPIVEY F—
VIOLATION TYPE
MAJOR CAMA
NATURE OF VIOLATION
AFFECTED AEC(S) - CW EW ❑ PTA [!/] ES ❑ PTS
OEA HHFA ❑ IHA ❑ PWS ❑ NCRA
AEC DESCRIPTION ISECTION404 WETLANDS
Unauthorized filling, grading and land disturbing activity of approximately 1.9 acres of which 24,750 sq.ft. is within
the CS AEC adjacent the Chowan River, affecting wooded wetlands under the jurisdiction of the U.S. Army Corps of
Engineers.
RESTORATION STATU�
RESTORATION REQUEST DATE COMPLETION DATE
Y1 RESTORATION REQUIRED
11 /10/2005 1 /4/2006
RESTORATION NOT REQUIRED-
CONTRACTOR RESTORATION EXTENDED RESTORE DATE
❑
❑ RESTORATION NOT REQUIRED-
DEADLINE
PERMITTABLE DEVELOPMENT EXTENDED
El RESTORATION NOT REQUIRED
- FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION
_1 RESTORATION PENDING
INJUNCTION REFER DATE:
❑ REFERRED TO AG'S OFFICE • COLLECTION
COLLECTION REQUEST DATE. F—
PENALTY STATUS
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
1 1/1 1/2006 ;350 1/26/2006 $350
[J_J PENALTY ISSUED
❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED)
PENALTY NOT ISSUED
❑ CNOV ISSUED F—CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE
❑ PENALTY APPEALED F—APPEAL DATE
❑ FORMAL CPA ISSUED F_ FORMAL CPA DATE
❑ SETTLED. AGREED UPON. STIPULATED PENALTY SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES

�y crosru
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
11 January 2006 i LSB RB
TB RB
I.�f MTT
CERTIFIED MAIL 7003 3110 0002 0605 8952
RETURN RECEIPT REQUESTED
Mr. James A. Cobb
7907 Reunion Road
Wilmington, North Carolina 28411
RE: CAMA VIOLATION #05-17B
Dear Mr. Cobb:
This letter is in reference to the Notice of Violation that R. Kelly Spivey,
representative for the Division of Coastal Management, issued to you on 8 November
2005 for unauthorized development in violation of the Coastal Area Management Act
(LAMA). The violation occurred on -site your property located off SR 1501 at the end of
N. Wheeler Drive in the Bal Gra Subdivision, adjacent the Chowan River, near Merry
Hill, in Bertie County, North Carolina. The violation resulted from the unauthorized
filling and grading of f 1.9 acres of which t24,750 ft2 was within the Coastal Shoreline.
The violation involved Coastal Shoreline, which is an Area of Environmental Concern
designated by the Coastal Resources Commission. Based upon a site visit conducted by
Mr. Kelly Spivey on 4 January 2006, the restoration requested is 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 against any violation. It is the policy of the Coastal Resources
Commission to assess a civil penalty for all violations. This is done to recover some of
the cost 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)
No0°hCaro1- a
Yittirrnly
943 Washington Square Mall, Washington, North Carolina 27889
Phone:[phone] FAX:[phone] Internet www.nccoastalmanaaementnetl

Mr. James A. Cobb
CAMA VIOLATION #05-1713
11 January 2006
Page 2
return the signed agreement and payment to this office in the enclosed, self-addressed
envelope within ten (10) days of 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, 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 252-948-3851.
Sincerely,
Teffy E. Moore
District Manager
Division of Coastal Management
Washington Regional Office
ENCLOSURE
c:\Ted Tyndall -Assistant Director, DCM
Roy Brownlow - Compliance Coordinator, DCM
R. Kelly Spivey - Field Representative, Washington Regional Office, DCM
David Lekson — U.S. Army Corps of Engineers

CAMA VIOLATION 405-17B
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 $350.00 against me for
violation of the Coastal Area Management Act, NCGS 113A-100 et seMc , committed on or
near my property located off SR 1501 at the end of N. Wheeler Drive in the Bal Gra
Subdivision adjacent the Chowan River near Merry Hill, in Bertie 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
8 November 2006, and agree to pay the civil assessment of $350.00
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

' �Cy C1YS1q�„
2 3 2006
North Carolina Department of Environment and Natural Resources
Division of Coastal Management Morehead City DCM
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
I I January 2006
CERTIFIED MAIL 7003 3110 0002 0605 8952
RETURN RECEIPT REQUESTED
Mr. James A. Cobb
7907 Reunion Road
Wilmington, North Carolina 28411
RE: CAMA VIOLATION #05-17B
Dear Mr. Cobb:
This letter is in reference to the Notice of Violation that R. Kelly Spivey,
representative for the Division of Coastal Management, issued to you on 8 November
2005 for unauthorized development in violation of the Coastal Area Management Act
(CAMA). The violation occurred on -site your property located off SR 1501 at the end of
N. Wheeler Drive in the Bal Gra Subdivision, adjacent the Chowan River, near Merry
Hill, in Bertie County, North Carolina. The violation resulted from the unauthorized
filling and grading oft 1.9 acres of which f24,750 ft2 was within the Coastal Shoreline.
The violation involved Coastal Shoreline, which is an Area of Environmental Concern
designated by the Coastal Resources Commission. Based upon a site visit conducted by
Mr. Kelly Spivey on 4 January 2006, the restoration requested is 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 against any violation. It is the policy of the Coastal Resources
Commission to assess a civil penalty for all violations. This is done to recover some of
the cost 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)
, cam a
ua
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet www.nccoestalmansaement.neV

Ik
Mr. James A. Cobb
CAMA VIOLATION #05-17B
11 January 2006
Page 2
return the signed agreement and payment to this office in the enclosed, self-addressed
envelope within ten (10) days of 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, 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 252-948-3 85 1.
Sincerely,
Teffy E. Moore
District Manager
Division of Coastal Management
Washington Regional Office
ENCLOSURE
c: "Ted Tyndall - Assistant Director, DCM
Roy Brownlow - Compliance Coordinator, DCM
R. Kelly Spivey - Field Representative, Washington Regional Office, DCM
David Lekson — U.S. Army Corps of Engineers

CAMA VIOLATION #05-17B
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 $350.00 against me for
violation of the Coastal Area Management Act, NCGS 113A-100 et se , committed on or
near my property located off SR 1501 at the end of N. Wheeler Drive in the Bal Gra
Subdivision adjacent the Chowan River near Merry Hill, in Bertie 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
8 November 2006, and agree to pay the civil assessment of $350.00
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

(i
05-17B
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
8 November 2005
CERTIFIED MAIL 7003 3110 0002 0608 6580
RETURN RECEIPT REQUESTED
Mr. James A. Cobb
7907 Reunion Road
;Wilmington, North Carolina 28411
Dear Mr. Cobb:
This letter confirms that on 26 October 2005, Terry Moore, District Manager, NC Division of
Coastal Management and I, were onsite your property located off SR 1501, at the end ofN. Wheeler
Drive in the Bal Gra Subdivision, adjacent the Chowan River, near Merry Hill, in Bertie County,
North Carolina. This letter also confirms our 31 October 2005 phone conversation. The purpose of
this on -site visit was to monitor CAMA General Permit 42261-B issued to you on 29 July 2005 for
the construction of a bulkhead.
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 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 f24,750 ftz is within the Coastal Shoreline.
Some of the areas affected within the Coastal Shoreline may be wooded wetlands and fall within the
jurisdiction of the U.S. Army Corps of Engineers (USACOE). Coastal Shoreline is an Area of
Environmental Concern (AEC) as designated by the Coastal Resources Commission. Coastal
Shoreline is defined in part, as the area extending from the normal water level along estuarine waters
for a distance of 75' landward. Therefore, I conclude, that you are in violation of the Coastal Area
Management Act.
V' Carolina
,Naturally
943 Washington Square Mall, Washington, North Carolina 27989
Phone: [phone] FAX: [phone] Internet WWW.nccoastalmaneoement.netl

Mr. James A. Cobb
8 November 2005
Page 2
05-17B '
I request that you IMMEDIATELY CEASE AND DESIST any further unauthorized
development activities within any designated Areas of Environmental Concern. If the development
completed to date is not consistent with the applicable standards, you will be required to restore the
area to its former condition and/or bring all aspects of the project into compliance with the
applicable State and Federal regulations. A civil assessment of up to $2,500 may be assessed against
any violator. Each day that the development 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 besought 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
$350 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 wetland subject to the regulatory authority of the USACOE. Please contact Ms. Tracey Wheeler,
USACOE, at [phone], ext. 24 for guidelines in this area. All area(s) disturbed should be provided
with a groundcover sufficient to restrain erosion within 30 days of receipt of this Notice and/or in
accordance with directions from Mr. Patrick McClain, [phone], of the NC Division of Land
Resources, Land Quality Section.
Provided you intend to cooperate with the request, you should sign the attached Restoration
Agreement and return it to me in the enclosed self-addressed envelope. No response from you within
10 days of the receipt of this letter will be interpreted as a refusal to cooperate and a court injunction
will be sought ordering the restoration.
Thank you for your cooperation in resolving this important matter. If you have any
questions, please do not hesitate to contact meat [phone]. Pending satisfactory restoration
and/or stabilization of affected areas as in this case, you will be notified as to the amount of a civil
assessment for undertaking development without the proper permits.
Sincerely,
R. Kelly Spivey
\ Coastal Management Representative
c: \/Ted Tyndall —Assistant Director, DCM Raleigh Bland —US Army Corps of Engineers
Terry E. Moore —District Manager, WaRO Tracey Wheeler —US Army Corps of Engineers
Roy BrownlowEnforcementCoordinator, DCM Patrick McClain —Land Quality Section, WaRO

Mr. James A. Cobb
8 November 2005
Page3
Restoration Plan
Chowan River Flow —p-
-----------
j -
\ ` / Existing
Property
North
Area(s) to be provided
with groundcover
Restoration Agreement
I, James A. Cobb, agree to provide a groundcover on all disturbed area(s) sufficient
to restrain erosion.
James A. Cobb agrees to complete the restoration to the satisfaction of the Division
of Coastal Management by 10 November 2005 or provide an explanation of non-compliance and a
reasonable request for a time extension.
Signature:
It is the policy of the Coastal Resources Commission to levy a minimum civil
assessment of up to $2500 against all violations. If restoration of the affected area is not undertaken
or completed satisfactorily, a substantially higher civil assessment will be levied and an injunction
sought to require restoration.

DCM ENFORCEMENT TRACKING REFDORT
Issuer
�®- Field Rep. r'��•�y �l ✓8Y VieizJ,n Se —
A B C D
LPO
Violated Permit No.
LPJ '390Jr/9- e2id4z q (napWicabie)
Violation Description Was activity permittable. Yes No
Initial Discovery Date 05— Discovery Method
Violation Description
Respondent Information Prior Violations iinnsa a AEC: Yes if No
� M&S /4
Respondent Name(s) A ' �-
Address ' 9,P- ;Ram,4/0al 20'City State 110. Zip 2 S.-a l l
Phone# l9iA ) 4#i-7 — 2/ '1 S' - Fax#
Email
Violation Type: Project Type: Authorizations Required:
Site Visits Respondent Site Visits
Respondent
Present
No Permit Private/Community Major ❑ CAMA
Present
ze, o cT eT ED
Permit Condition ❑ Goitupublic ❑ Minor ❑ D&F
_i Expired Permit ❑ Commercial ❑General
❑
inconsistent wl Rules
Violation Location and Site Description
Rover File
Project Location: County , '��j �JYrYL' .
Shoreline Length t2sv
Street Address/ State Lot #(s) o Gs ef P- /S"o /
SAV: Not Sure Yes No
)Road/
T' � al,e� ��„ _44_4& J4je Sandbags: Not Sure Yes,
eNG�d'
PNA: Yes
Adjacent
Subdivision LA
ORW: Yes o
Adjacent
City ^y1 +1X" A'{'# 44 ZIP
Crit. Hab. Yes No
River Basin 9Ck-10 wA—/J.
Photos No
Phone # (_)
C/_J.d�,/A�-� X) Val !na
Waiver Required Yes o
Adj. W[r. Body
In DWQ Buffer Area Yes _Co
Closest Maj. Wtr. Body a4e c.�
Specify DWQ Buffer if applicable:
Restoration
Extension Granted Yes No
NOV Date ^ 'yJV 07 Initial Req. Comp. Date
Restoration Letter
CNOV Date --- Date Comp. Observed — Acceptance Date
71.0409 Ref. Recomm. Assess. DCM Assess.
Penalty Assessment 1
Sent to Respondent Date
s
i App.IPermit Fee $
Penalty $ is
I
Rcvd by DCM Date i
Willful/Intent. Is (s
Assessment Extended Yes No I I$
s
Continuing
Other is '$
� Total {�

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment S Date
Attorney General's Office for Injunction or Formal Collection
Assessment Appealed Yes No
❑ Penalty modified
Date sent to AG. ❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AEi Affected: Wetlands Impacted? Yes / No' ` If yes, Which types:
CW EW PTA ES PTS
DEA HHF IH - SA -D& CIST - A I-S TY
SS SC SP IF BF 404
PWS: - FC:
Restoration Required by the Respondent
Dimensions In excess
mitt unauthorized act
Yes / No
Dimensions to restore IFinal dimensions
Actually restored
Development Activities
1 i i
� I 1
I I
Habitat Description
I I I
I i ,,
I
i I I I i I
N OTES:
Closing
Payment Received S Date Date Case Closed

4
Y
0$-17B
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
8 November 2005
CERTIFIED MAIL 7003 3110 0002 0608 6580
RETURN RECEIPT REQUESTED
Mr. James A. Cobb
7907 Reunion Road
cWilmington, North Carolina 28411
Dear Mr. Cobb:
This letter confirms that on 26 October 2005, Terry Moore, District Manager, NC Division of
Coastal Management and I, were onsite your property located off SR 1501, at the end ofN. Wheeler
Drive in the Bat Gra Subdivision, adjacent the Chowan River, near Merry Hill, in Bertie County,
North Carolina. This letter also confirms our 31 October 2005 phone conversation. The purpose of
this on -site visit was to monitor CAMA General Permit 42261-B issued to you on 29 July 2005 for
the construction of a bulkhead.
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 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 ft2 is within the Coastal Shoreline.
Some of the areas affected within the Coastal Shoreline may be wooded wetlands and fall within the
jurisdiction of the U.S. Army Corps of Engineers (USACOE). Coastal Shoreline is an Area of
Environmental Concern (AEC) as designated by the Coastal Resources Commission. Coastal
Shoreline is defined in part, as the area extending from the normal water level along estuarine waters
for a distance of 75' landward. Therefore, I conclude, that you are in violation of the Coastal Area
Management Act.
rf�"�ncaro -
?vatum 1
943 Washington Square Mall, Washington, North Caroline 27889
Phone: [phone] FAX: [phone] Intemet www.nccoastalmenaaement.net)

�It
Mr. James A. Cobb 05-17B
8 November 2005
Page 2
I request that you EMMEDIATELY CEASE AND DESIST any further unauthorized
development activities within any designated Areas of Environmental Concern. If the development
completed to date is not consistent with the applicable standards, you will be required to restore the
area to its former condition and/or bring all aspects of the project into compliance with the
applicable State and Federal regulations. A civil assessment of up to $2,500 may be assessed against
any violator. Each day that the development 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
$350 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 wetland subject to the regulatory authority of the USACOE. Please contact Ms. Tracey Wheeler,
USACOE, at [phone], ext. 24 for guidelines in this area. All area(s) disturbed should be provided
with a groundcover sufficient to restrain erosion within 30 days of receipt of this Notice and/or in
accordance with directions from Mr. Patrick McClain, [phone], of the NC Division of Land
Resources, Land Quality Section.
Provided you intend to cooperate with the request, you should sign the attached Restoration
Agreement and return it to me in the enclosed self-addressed envelope. No response from you within
10 days of the receipt of this letter will be interpreted as a refusal to cooperate and a court injunction
will be sought ordering the restoration.
Thank you for your cooperation in resolving this important matter. If you have any
questions, please do not hesitate to contact meat [phone]. Pending satisfactory restoration
and/or stabilization of affected areas as in this case, you will be notified as to the amount of a civil
assessment for undertaking development without the proper permits.
Sincerely,
R. Kelly Spivey
Coastal Management Representative
c: Ted Tyndall -Assistant Director, DCM Raleigh Bland -US Army Corps of Engineers
Terry E. Moore —District Manager, WaRO Tracey Wheeler —US Army Corps of Engineers
oyBrownlow-Enforcement Coordinator, DCM Patrick McClain -Land Quality Section, WaRO

Mr. Jaznes A. Cobb
8 November 2005
Page3
�-------
North
r._
Area(s) to be provided
with groundcover
Restoration Plan
Chowan River Flow—�
Existing
--------
----
---------------
Restoration Agreement
I, James A. Cobb, agree to provide a groundcover on all disturbed area(s) sufficient
to restrain erosion.
James A. Cobb agrees to complete the restoration to the satisfaction of the Division
of Coastal Management by 10 November 2005 or provide an explanation of non-compliance and a
reasonable request for a time extension.
It is the policy of the Coastal Resources Commission to levy a minimum civil
assessment of up to $2500 against all violations. If restoration of the affected area is not undertaken
or completed satisfactorily, a substantially higher civil assessment will be levied and an injunction
sought to require restoration.

17-Nov-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
057178 ICOBB JAMESA.
CASE tS CLOSED I Previous Violations in Same
AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR
11I812005 F- F- PROPERTY OWNER PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
7907 REUNION RD WILMINGTON NC 28411- [phone]
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
N. WHEELER DR IMERRY HILL CHOWAN RIVER SR 1501
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WARD BERTIE SPIVEY F-
AFFECTED AEC(S) CW EW PTA 'd ES PTS
VIOLATION TYPE I
MAJOR CAMA OEA HHFA IHA PWS NCRA
NATURE OF VIOLATION AEC DESCRIPTION ISECTION 404 WETLANDS
Unauthorized filling, grading and land disturbing activity of approximately 1.9 acres of which 24,750 sq.ft. is within
the CS AEC adjacent the Chowan River, affecting wooded wetlands under the jurisdiction of the U.S. Army Corps of
RESTORATION STATUS
N RESTORATION REQUIRED
RESTORATION REQUEST DATE COMPLETION DATE
RESTORATION NOT REQUIRED -CONTRACTOR RESTORATION EXTENDED RESTORE DATE
_ DEADLINE
[ !RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS REFERRED TO AG'S OFFICE - INJUNCTION
❑ RESTORATION PENDING INJUNCTION REFER DATE:
REFERRED TO AG'S OFFICE -COLLECTION
COLLECTION REQUEST DATE: F_
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
[l PENALTY ISSUED
❑ WILLFUL 8 INTENTIONAL PENALTY (MIN. OR DOUBLED)
[_IPENALTY NOT ISSUED ❑ CNOV ISSUED FCNOV DATE
❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED F APPEAL. DATE
❑ FORMAL CPA ISSUED F-FORMAL CPA DATE
F-I SETTLED, AGREED UPON. STIPULATED PENALTY SETTLEMENT DATE
' UNCOLLECTIBLE PENALTY F-UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES

30-Jan-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
�.nsa atinz:_1.........._....
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
77178 ICOBB JAMES A.
O CASE IS CLOSED '' Previous Violations in Same
❑ AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days AFFULIATION SECTOR
11/8/2005 $3 1PROPERTY OWNER PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
7907 REUNION RD WILMINGTON NC 28411- [phone]
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
N. WHEELER DR IMERRY HILL ICHOWAN RIVER SR 1501
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WARD IBERTIE SPIVEY �—
VIOLATION TYPE AFFECTED AEC(S) [ICW ❑ EW ❑ PTA ©PTS ES ❑
MAJOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION SECTION 404 WETLANDS
luthorized filling, grading and land disturbing activity of approximately 1.9 acres of which 24,750 sq.ft. is within
CS AEC adjacent the Chowan River, affecting wooded wetlands under the jurisdiction of the U.S. Army Corps of
RESTORATION STATUS - RESTORATION REQUEST DATE COMPLETION DATE
© 1 1 005 - 1/412006
❑ RESTORATION NOT REQUIRED - CONTRACTOR RESTO ATIONy EXTENDED RESTORE DATE
_I RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT ❑ DEADLINE
EXTENDED
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION
RESTORATION PENDING INJUNCTION REFER DATE: I
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: I
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNTCOLLECTED
�PENRLTYSTATUS 1/11/2006 1 $350 1 1
PENALTY ISSUED
❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ PENALTY NOT ISSUED ❑ CNOV ISSUED CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE
❑ FORMAL CPA ISSUED FORMAL CPA DATE
❑ SETTLED, AGREED UPON. STIPULATED PENALTY r—SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY F—UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES

02-May-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
JCAO$` CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
E 178 1COBIB �... JAMES A.
OO CASE IS CLOSED Previous Violations in Same
NOV DATE CLOSURE DATE Elapsed Days gFFLILIATION SECTOR AEC for Similar Activities
11 88/2005 7 a 1PROPERTY OWNER 1PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
7907 REUNION RD IWILMINGTON NC 20411- [phone]
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
N. WHEELER DR IMERRY HILL ICHOWAN RIVER SR 1501
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WARO IBERTIE ISPIVEY �—
VIOLATION TYPE AFFECTEDAEC(S) ❑ CW ❑ EW ❑ PTA ©ES ❑ PTS
MAJOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION ISECTION 404 WETLANDS
Unauthorized filling, grading and land disturbing activity of approximately 1.9 acres of which 24,750 sq.ft. is within
the CS AEC adjacent the Chowan River, affecting wooded wetlands under the jurisdiction of the U.S. Army Corps of
RESTORATION STATUS -
❑ RESTORATION NOT REQUIRED - CONTRACTOR
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
11/10l2005 1/4l2006
RESTORATION EXTENDED RESTORE DATE
❑ DEADLINE
EXTENDED
❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE: I`
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: I
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
V PEN LTYISSS
1111/2006 $350 1/26/2006 $350
PENALTY ISSUED
❑ WILLFUL &INTENTIONAL PENALTY MIN. OR DOUBLED)
❑ PENALTY NOT ISSUED ❑ CNOV ISSUED F_CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED F—APPEAL DATE
❑ FORMAL CPA ISSUED FORMAL CPA DATE
❑ SETTLED. AGREED UPON. STIPULATED PENALTY F—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)
NOTES