05-31A Deaton and Crossland

MTT
RB
®�A r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
JUN -
June 5, 2006 8 Z006
Morehead City DCM
Ms. Deborah Deaton and Mr. Stanley Crossland
8204 Little River Turnpike
Annandale, VA 22003
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Dare County, CAMA Violation #05-31A
Dear Ms. Deaton and Mr. Crossland:
This letter will acknowledge receipt of your Check #127 in the amount of $200, and dated
06/01/2006. 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 me at my Elizabeth City
office at 252-264-3901.
Sincerely,
Frank A.Jenniiggs.,III
Coastal Management Representative
FAJ/ybc
cc: CTed Tyndall, Assistant Director, DCM, Morehead City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
John Cece, Coastal Management Rep., DCM, Elizabeth City
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www,nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 30% Recycled by Fiber Weight

ONI

WStanley Crossland and Mrs. Deborah Deaton
May 23, 2006'.
Page 3 of 3 qj 0 5 r.'006
CAMA VIOLATION #05.31A ITY�i
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 $200.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 at se , committed on or near my property at 39200 Albacore Lane in Dare
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 November 21, 2005, and agree
to pay the proposed civil assessment of $200.00.
TE
8204 Little River Turnpike
ADDRES: Annandale VA 22003
TELEPHONE NUMBER

DCM ENFORCEMENT TRACKING REPORT
ISSuer
Field Rep. 1 OHN ��_ riC
LPO J-JrA 036Os ❑
Violation Descripti n
initial Discovery Date Q l 1 105- Discovery
Violation Description i
Violation Base
Violated Permit P
(Irappllcable)
Was activity permittable?
Respondent Information Prior Violations in same AEC: Yes I
Respondent Name(s) MLEY CSgApn o IWVV D /1R)4��.(Landowl
�((JPItEcity 4MA4L State
Address
Fax
Phone
No
Zip u7 �t�11
— tma - --
Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent
Present Present
No Permit PrivatelCommunity ❑ Major. CAMA 0 ❑ ❑
❑ Permit Condition
Govt.lpublic ❑ Minor WD&F ❑ ❑
" Expired Permit ❑commercial
General ❑ ❑
❑ Inconsistent wl Rules
Violation Location and Site Description Rover File I �l�lli
Project Location: County DARE Shoreline Length -7a ---
Street Address/ State Road/ Lot #(s) �'1 �U 6L_f2� L SAV: Notsure Yes
L7,- �„��p } 5�—� Sandbags: Not Sure Yes
�.�_
�=�- PNA; yes Adjacent
Subdivision _ ��-7T�-�4�rV ORW; Ye Adjacent
City -- ZIP_.�7��— Crit, Hab. Yes
'�_
J-S-N�-rut--- Photos No
Phone # (L1?).���^River Basin Waiver Required Yes &
N � t� eknl_
Adj. Wtr. Body._ eCt1�—^=-- � In DWQ Buffer Area Yes (y
Closest Maj. Wtr. Body L �yN�— Specify DWQ Buffer If appllcable: =
Restoration I-/� Extension Granted Yes No
NOV Date initial Req. Comp. Date L� Restoration Letter
CNOV Date ._ Date Comp. Observed Acceptance Date
71.0409 Ref: i Recomm— Assess., CM Assess,
Penalty Assessment
Sent to Respondent Date
Rcvd by DCM Date �' s (--/�
-
Assessment Extended Yes No
pp. IS Fee S
i
Penalty
`S IS
Willful/intent. — I
Continuing _—_--_ --- -
- S '$
Other ----

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
❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affc ed: Wetlands Impacted? Yes I N® If yes, which types:
EW ES' PTS SA DS CI SY 1R LS TY
OEA HHF IH SS SC SP IF BF 404
PWS: FC:
Other:
Restoration Required by the Respondent Yes / No
Dimensions In excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Development Activities
v'
P_�
Habitat Description
NOTES:
Closing
Payment Received S_—._"Date _-� /� '/ ` Date Case Closed E / Y

13-Jun-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
U �-CASEISOgW1011 05-31A 1CROSSILANDIDEATON STANLEY/DEBO
L CASE IS CLOSED
Previous Violations in Same
NOV DATE CLOSURE DATE Elapsed Days ppFLILIATION SECTOR AF.0 for Similar Activities
11;21i200Su,i-i L�,�".� I �)I PROPERTY OWNER PRIVATE
MAILINGADDRESS CITY STATE ZIP CODE PHONE NUMBER
8204 LITTLE RIVER TURNPIKE ANNANDALE VA 22003- [phone]
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
39200 ALBACORE LANE JAVON PAMLICO SOUND
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO DARE ICECE I —
VIOLATION TYPE AFFECTED AEC(S) ❑ CW © EW FJl PTA V❑ ES ❑ PTS
MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS [:1 NCRA
NATURE OF VIOLATION AEC DESCRIPTION
Unauthorized major development and violation of the State's dredge and fill law by constructing a bulkhead within
the EW, PTA, ES AECs in and adjacent to the Pamlico Sound. Work was done on an expired CAMA permit.
RESTORATION STATUS
RESTORATION REQUIRED
Ll RESTORATION NOT REQUIRED - CONTRACTOR
W] RESTORATION NOT REQUIRED - FERMI TTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
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: F—
ASSESSMENT DATE PENALTY AMOUNT COLLECTIONDATE AMOUNTCOLLECTED
FPEN—ALff STATUS I 5/23/2006 $200 6/5/2006 $200
[✓] PENALTY ISSUED
WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ PENALTY NOT ISSUED ❑ CNOV ISSUED F CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED APPEAL DATE
❑ FORMAL CPA ISSUED F__ FORMAL CPA DATE
❑ SETTLED. AGREED UPON, STIPULATED PENALTY F—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
irk was done on an expired State Permit GP40151-A. Also see case no. 05-32A, Avery. Avery was contractor
Crossland & Deaton.

0

M i
NCDENR
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
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Stanley Crossland and Mrs. Deborah Deaton
8204 Little River Turnpike
Annandale, VA 22003
RE: CAMA VIOLATION #05-31A
Dear Mr. Crossland and Mrs. Deaton:
' y 23, 2006
MAY 2. G 7.tJU6
Moreheaid City DOM9
This letter is in reference to the Notice of Violation dated November 21, 2005 that Mr. John Cece,
representative for the Division of Coastal Management, issued to you for installing a bulkhead without a current
permit at 39200 Albacore Lane in Dare County, North Carolina. The violation involved Estuarine Shoreline,
Estuarine Waters, and Public Trust Areas, which are Areas of Environmental Concern designated by the
Coastal Resources Commission.
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 $200.00 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 Proposed Civil Assessment;" (2) attach
a check or money order for $200.00 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.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 30% Post Consumer Fiber Paper

Mr. Stanley Crossland and Mrs. Deborah Deaton
May 23, 2006
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,
'Ted Sampson
District Manager
Northeast District
TSlyc
Enclosure: Agreement to Pay Proposed Civil Assessment
gc 12d—Tynda4{�Atant Director, NC Division of Coastal Management (DCM), Morehead City
yw�nlow— pliance Coordinator, DCM, Morehead City
John Cece, Coastal Management Representative, DCM, Elizabeth City

r Mr. Stanley Crossland and Mrs. Deborah Deaton
May 23, 2006
Page 3 of 3
CAMA VIOLATION #05.31A
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 $200.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near my property at 39200 Albacore Lane in Dare
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 letterdated November 21, 2005, and agree
to pay the proposed civil assessment of $200.00.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER

Ania. d
NCDENR Nov
2H
North Carolina Department of Environment and Natura�Resources �005
Division of Coastal Management � G17'
Michael F. Easley, Governor Charles S. Jones, Director William G. R�oss�A*Ie f Aw
NOTICE OF VIOLATION
November 21, 2005 LSB EA RB
CERTIFIED MAIL TB FRB
RETURN RECEIPT REQUESTED tMTT
Mr. Stanley Crossland and Mrs. Deborah Deaton
8204 Little River Turnpike
Annandale, VA 22003
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-31A
Dear Mr. Crossland and Mrs. Deaton:
This letter confirms that on October 14, 2005, 1 was onsite at your property located at 39200 Albacore
Lane, adjacent to the Pamlico Sound located in or near Avon in Dare County, North Carolina. The purpose
of the visit was to investigate the unauthorized installation of a bulkhead. Subsequent conversations with
Mr. Barry Gower of BD&A revealed that General Permit #40151A had been issued to you 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 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-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 current CAMA 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.
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).
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight

" .
It is. the policy of the Coastal Resources Commission to levy a minimum civil assessment of $200 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.
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 lake pursuant to N.C.G.S. 113-229. Therefore, I
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.
Based upon review of the Coastal Area Management Act, Coastal Resource Commission's rules, and the
local jurisdiction's Land Use Plan, the activity you have undertaken appears consistent with the guidelines
for Areas of Environmental Concern. Therefore, restoration of the impacted area is not requested at this
time. However, please be advised that upon request, you must be able to provide us proof that you have
given your adjacent riparian property owner(s) notice of this unauthorized development and provided them
the opportunity to comment to the Division of Coastal Management.
Should you be requested to provide this documentation, you must provide confirmation that a written
statement has been obtained, signed by the adjacent riparian property owners, indicating that they have no
objection to the completed work; or you must provide confirmation that the adjacent riparian property
owners have been notified by certified mail of the completed work. This notice shall instruct adjacent
property owners to provide any comments on the completed development in writing to this Division within
ten (10) days of receipt of the notice and shall indicate that no response from them will be interpreted as
not having any objection.
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 252-264-3901. Upon my submission of an enforcement
report to the District Manager, you will be notified as to the amount of a civil assessment for undertaking
development without first obtaining the proper permit(s).
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.
Sinc )el,,
Johl ece
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

ENFORCEMENT TRACKING RE'7I1
DCM _ ,
Issuer
Field Rep.. JQ14NEC� C_ .
LPo J II 1Y1 M6t�—D S' ❑
LPJ plcE C-0 A)ff
Violation Descripti n
Initial Discovery Date Discovery Method
Violation Description J r) �n )
ndentI
Violation Base
Violated Permit Nc
(If appllcable)
Prior Violations in same AEC: Yes /
Was activity permittable7
No
Respondent Name(s) %t it State Zip
Address— 71-Q it q J y L� 1 ✓ 1 —,
Phone #—� a�n Fax #
Email
Authorizations Required: site Visits Respondent Site Visits Respondent
Violation Type: Project Type; '
Present Present
El No Permit PrivatelCommunity ❑ Major CAMA 0 _ ❑ ❑
❑ Permit Condition Govt.IPublic ❑minor [� D&F ❑ ❑
Expired Permit ❑commercial' General fJ ❑ ❑
Inconsistent wl Rules
Violation Location and Site Description Rover C
nniFile i
Project Location: County ,MZry Shoreline Length —70
Street Address/ State Road/ Lot #(s) �'1U_ �) R`1 SAY; Notsure Yes i®
&-� � 10 j (� Sandbags: Not sure Yes ,.
3 PNA: Yes Adjacent
Subdivisicn..----1� C��L ORW; Yes Adjacent
City_ — --- zIP—��1� Crit, Hab. Yes C9
'�� ��sN d I AArPhotos _ No
Phone # (120 ).21 0 y �1,3 River Basin _
— Waiver Required Yes �J
Adj. Wtr. Body_��----fin—� In DWQ Buffer Area Yes
)
Closest Maj. Wtr. Body ,_..—._�� L C U-s9itAID Specify DWQ Buffer if applicable: = —
Restoration Extension Granted Yes No
NOV Date Initial Req, Comp. Date Restoration Letter
CNOV Date ._ —__ Date Comp. Observed — Acceptance Date —
71.0409 Ref. Recomm. Assess. i DCM Assess.
Penalty Assessment --- 5
{ App./Permit Fee /06
Sent to Respondent Date
Penalty `�I-{►li� '-__.�Q.�---- '..------
Rcvd by DCM Date -- - Willful/Intent.
Assessment Extended Yes No --- -- j S s
Continuing __-.—_ -----.
Other 's — $ -----'

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment
Assessment Appealed Yes No
❑ Penalty modified
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 Aed: Wetlands Impacted? Yes I N® If yes, which types:
EW PTS SA DS CJ SY • A LS TY.
OEA HHF IH SS SC SP IF BF 404
PWS: FC:
Other:
Restoration Required by the Respondent Yes / No
Dimensions In excess
of permit/ unauthorized activities
Dimensions to restore
Final dimenslons
allowed
Actually restored
Development Activities
0 Vil
9PJ
Habitat Description
NOTES:
Closing
Payment Received $___....._ ___—.—._Date_--__— Date Case Closed

31-May-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS CASE NUMBER LAST NAME
FIRST NAME BUSINESS NAME:
(OD CASE IS OPEN .;) 05-31A CROSSLAND/DEATON STANLEY/DEBO
(J CASE IS CLOSED
Previous Violations in Same
❑ AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR
11l21/2005 _ _ y� PROPERTY OWNER PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
6204 LITTLE RIVER TURNPIKE ANNANDALE VA 22003- [phone]
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
39200 ALBACORE LANE JAVON PAMLICO SOUND
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO DARE ICECE
VIOLATION TYPE AFFECTED AEC(5) ❑ CW 'N EW DV PTA © ES ❑ PTS
MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
Unauthorized major development and violation of the State's dredge and fill law by constructing a bulkhead within
the EW, PTA, ES AECs in and adjacent to the Pamlico Sound. Work was done on an expired CAMA permit.
RESTORATIO
❑ ,RESTORATION REQUIRED
❑ RESTORATION NOT REQUIRED - CONTRACTOR
W❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
I
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-
_
STATUS.
ASSESSMENT DATE PENALTYAMOUNT COLLECTION DATE AMOUNT COLLECTED
,PENALTY
5/23/2006 5200
I
Ei] PENALTY ISSUED
❑ WILLFUL & INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ PENALTY NOT ISSUED
❑ CNOV ISSUED F-CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE
❑ PENALTY APPEALED rAPPEAL 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
irk was done on an expired State Permit GP40151-A. Also see case no. 05-32A, Avery. Avery was contractor
Crossland & Deaton.