07-43A Copeland

ARA.
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Dale Copeland
P.O. Box 64
Belvedere, NC 27919
RE, CAMA VIOLATION #07-43A
Dear Mr. Copeland:
M
Resources
William G. Ross Jr., Secretary
September 24, 2007 It!!j(� I
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ME)f8hWad oty POW
This letter is in reference to the Notice of Violation dated August 10, 2007 that Holley Snider, representative for
the Division of Coastal Management, issued to you for the unauthorized development of two floating jet ski
docks at Lot#86, Adams Court, Perquimans County. The violation involved Public Trust Areas, which are areas
of Environmental Concern designated by the Coastal Resources Commission. Based upon the information you
have submitted, 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 orderto 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.
If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the
ni,Aoi n nr rnnafnl nnannr,AmAnt will fnrmally assess a civil Denaltv against You. You will then have the
opportunity to request a hearing on the penalty or request
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www,nccoastalmanagement.net
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Dale Copeland
September 24, 2007
Page 2 of 3
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. Jennings, III /
District Manager, Northeast District
FAJ/HS
Enclosures
cc: M. Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Holley Snider, Coastal Management Representative, DCM

Dale Copeland
September 24, 2007
Page 3 of 3
CAMA VIOLATION #07-43A
Dale Copeland
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 sM, committed on or near my property Lot #86 Adams Court in Perquimans 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 August 10, 2007, and agree to
pay the proposed civil assessment of $350.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

North Carolina
Michael F. Easley, Governor
Mr. Dale C. Copeland
209 Adams Court
Hertford, NC 27944
NCDENR
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18
Department of Environment and Natural Resources
Division of Coastal Management Morehead City DCM
James H. Gregson, Director William G. Ross Jr., Secretary
October 11, 2007
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Perguin:ans County, CAMA Violation #07-43A
Dear Mr. Copeland:
This letter will acknowledge receipt of your Check #9600, in the amount of $350, and dated
10/09/07. 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
_Holley Snider, Coastal Management Rep., DCM, Elizabeth City
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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Dale Copeland
September24, 2007
Page 3 of 3
CAMA VIOLATION #07-43Ay—
Dale Copeland
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 fo violatio f the Coastal Area Management
Act, NCGS 113A-100 et sec, committed on or near my property Lot #66 Adams Court in Perquimans County,
North Carolina, In order to resolve this matter with no further action or expense on my part, I accept
? C,c,
responsibility forth violatio escribed in the Notice of Violation letter dated August 10, 2�and agree to
Aiif a,;nif Undtrsle.,d 4kc
pay the proposed civil assessment of $350.
/07
DATE
�Dz; (-"
SIGNATURE
0
ADDRESS
TELEPHONE NUMBER

—
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OC-19-2007 10:53 From:DCM-DMF ECITY 2522643723 To:2522473330 P.2B
APIMA
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
NOTICE OF VIOLATION
August 10, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dale Copeland
P.O. Box 64
Belvedere, NC 27919
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #07.43A
Dear Mr. Dale Copeland:
This letter confirms that on July 30, 2007, Frank Jennings, District Manager, Northeast District and I were
onsite property located in Snug Harbor Subdivision across Beaver Cove, Yeopim Creek, from your property
located at Lot #86, Adams Court, in Heritage Shores Subdivision, off SR 1346, Perquimans County, North
Carolina. We observed at your property the unauthorized development of a floating jet ski dock attached to
a pier, platform, and boatlift that were authorized by CAMA General Permit #A38216.
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 (LAMA). 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,
Information I have indicates that you have undertaken, or are legally responsible for the construction of a
floating jet ski dock for two jet skis on the aforementioned property. This activity took place in the Public
Trust Area that is contiguous with Yeopim Creek. 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.
I-request=that=you-immediately CEASE AND DESIST any further=unauthorized -development --within
designated Areas of Environmental Concern. Based upon the North Carolina Administrative Code, Title
15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, if the activity you have
undertaken, constructing a floating jet -ski dock in the Public Trust AEC(s), is not consistent with Section
07H .0208, you will be required to restore all affected areas to their conditions prior to the unauthorized
development activity. 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
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opporlunity \ AEemative Acbon Employer - 50% Recycled\ 10% Post Consumer Paper

OC!-19-2007 10:53 From:DCM-DMF ECITY 2522643723 To:2522473330 P.313
Dale Copeland
August 10, 2007
Page 2 of 2
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 in accordance with N.C.G.S. 11 3A-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. If the requested restoration is not undertaken and completed
satisfactorily, a substantially higher civil assessment will be levied and a court injunction will be sought
ordering restoration.
In order to determine if the aforementioned development activity may have been permitted via the CAMA
Permit process and to determine if the activity is consistent with the North Carolina Administrative Code,
Title 15A, 7H. State Guidelines for Areas of Environmental Concern, I am requesting that you provide me
with the following:
1) A scaled drawing of your property depicting your shoreline.
2) 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 may provide
confirmation that 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.
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 immediate future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately.
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]. Pending your submission of the requested
documentation, you will be notified as to the amount of a civil assessment for undertaking development
without first obtaining the proper permit(s).
Sincerely, n
-
Coastal Management Representative
Cc: M. Ted Tyndall, Assistant Director, DCM
Frank Jennings III, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM

A

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF: August 27, 2007
Regulatory Division
Action ID No. SAW 2007-01209-121
Mr. James H. Gregson, Director
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Dear Mr. Gregson:
Eli
AUG 3 1 2007
Morehead City (ACM
By letter dated March 29, 2007, The Refuge at Drummond's Point Development was
notified of alleged violations of permit conditions or limitations associated with the construction
of a residential subdivision, on property located off State Road 1100, adjacent to the Albemarle
Sound and Yeopim Creek, in Chowan County, North Carolina. Our District Engineer proposes
to assess a Class I Administrative Penalty under the authority of 33 U. S.C. § 1319(g) and 33 CFR
Part 326.6. We are required to furnish you a copy of the Proposed Order and the information
contained in the enclosed Public Notice.
You may provide written comments on the Proposed Penalty Order at anytime within
30 calendar days after receipt of this notice. Your comments should be addressed to the District
Engineer, care of Mr. Justin McCorcle, Office of Counsel, Wilmington District, U.S. Army
Corps of Engineers, P.O. Box 1890, Wilmington, North Carolina 28402.
The violator may also provide written comments and/or request a hearing on the Proposed
Penalty Order at anytime within 30 calendar days after receipt of this notice. A request for a
hearing must be in writing, specifying in summary form the factual and legal issues that are in
dispute and the specific factual and legal grounds for the defense.
If the violator does not request a hearing, the District Engineer will withdraw, issue, or
modifyanzl-isshe enclosed -Proposed Order as a Final Order. The decision will be based on
the administrative record, including any comments and/or evidence submitted by the violator and
members of the public. All evidence will be considered, and the decision will be based on a
preponderance of the evidence, that is, on the greater weight of evidence that is credible and
convincing to the mind.

I

-2-
Please direct any questions regarding this matter to Mr. McCorcle at the address provided
above, or by telephone at [phone].
Sincerely,
OS
S. Kenneth Jolly
Chief, Regulatory Division
Enclosures

r
. e

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers R9
Post Office Box 1890 AUG 3 1 2007
Wilmington, North Carolina 28402-1890
Morehead City DCVI
Action ID No. SAW 2007-01209-121 August 17, 2007
PUBLIC NOTICE
INTERESTED PARTIES: The District Engineer, Wilmington District, proposes
to issue an order assessing a Class I Administrative Penalty against The Refuge at
Drummond's Point Development, for a violation of permits granted under Section 404 of
the Clean Water Act.
PERMITS INVOLVED AND ALLEGED VIOLATION: The Department of
the Array issued Nationwide Permit No. 200510019 to The Refuge at Drummond's Point
Development on November 24, 2004. This permit authorized the discharge of earthen fill
material within 0.44 acre of Department of the Army (DA) jurisdictional wetlands to
facilitate the construction of a road to provide access to a residential development, on
property identified as the Refuge at Drummond's Point Development, located off State
Road 1100, adjacent to the Albemarle Sound and the Yeopim River, in Chowan County,
North Carolina.
Permit No. 200510019 was violated as follows:
The Refuge at Drummond's Point Development failed to comply with special
condition b. of the subject permit, which states that, "The Pemuttee shall make payment
to the North Carolina Ecosystem Enhancement Program (NCEEP) in the amount
determined by the NC EEP, sufficient to perform the restoration of 0.75 acres of riparian
and 0.51 acres of non -riparian wetlands in the Pasquotank River Basin, Cataloging Unit
03010205."
"Construction within jurisdictional areas on the property shall begin only after the
permittee has made full payment to the NCEEP and provided a copy of the
payment documentation to the Corps, and the NCEEP has provided written
confirmation to the Corps that it agrees to accept responsibility for the mitigation
work re fit rrtue�C , m compliance with the MOU between the North Carolina
Department of Environment and Natural Resources and the United States Army
Corps of Engineers, Wilmington District, dated November 4, 1998."

. The Refuge at Drummond's Point Development began construction of the access
road without complying with this permit condition. The Refuge at Drummond's Point
Development constructed the access road prior to making payment to the NCEEP.
AUTHORITY FOR PROCEEDING: This Administrative Penalty proceeding
is initiated under the authority of 33 U.S.C. 1319(g) and 33 CFR Part 326.6. The
procedure for assessing civil penalties in cases such as this is set out in the statute and the
regulation. Following the discovery and investigation of a violation of a permit, notice is
given to the-enn ttee the-Vpmpriate-stateagenc--y andthe-aublic.The-permittee the
state, or any member of the public may file comments within 30 days. If requested by the
permittee, a hearing will be held before a Presiding Officer who will submit a report and
recommend a decision to the District Engineer. The District Engineer will issue a Final
Order on the case to the permittee. Public participation in the hearing is permitted if a
hearing is held.
PENALTY PROPOSED: The amount of the penalty proposed in this case is
$8,000. This proposal is subject to revision in the interest of justice after all evidence and
comments have been received and reviewed. The amount of the penalty that the District
Engineer is authorized to assess as a Class I Penalty is $11,000 per violation and not
more than $27,500 total. In a case involving multiple violators, each violator is subject to
a separate, not joint, penalty.
REQUEST FOR HEARING: The permittee has 30 days following receipt of
this formal notice of proposed penalty to request a hearing. Written request, by the
permittee, for a hearing should be directed to the District Engineer within this designated
comment period and must state the specific reasons for requesting a public hearing. The
request should specify, in summary form, the factual and legal issues in dispute and the
specific grounds for defense. The permittee has a right to present evidence at the hearing;
however, he may not challenge the permit condition or limitation, which is the subject
matter of this order.
COMMENTS/ADMINISTRATIVE RECORD: During the 30 day comment
period, any person may submit written comments on the proposed Penalty Order. These
comments should be sent to the District Engineer by 4:30 p.m., September 26, 2007. Any
submitted comments will be included in the administrative record relating to the
Proposed Order. All information submitted by the pemdttee and persons commenting on
the Proposed Order will be placed in the administrative record, which will be available
for inspection during regular business hours at the U.S. Army Corps of Engineers,
Wilmington District, 69 Darlington Avenue, Wilmington, North Carolina. (The
hood is subject to the provisions of law restnctinigthedisc osure
confidential information.) Comments should be directed to:
U.S. Army Corps of Engineers
ATTN: Justin McCorcle (CESAW-OC)
PO Box 1890
Wilmington, North Carolina 28402

..k

PUBLIC HEARING: The permittee and all persons who file comments will be
given notice of any hearing held on this case. The permittee and all commenters will
have a reasonable opportunity to be heard and to present evidence at such hearing, if a
hearing is held.
FINAL DECISION: If the permittee does not request a hearing, the District
En 'veer ma jcciit the Final (brier on this violation -on nr affer �ays fnllawing-receipt
of this formal notice by the permittee.
POST DECISION HEARINGIAPPEAL: Any Final Order issued under these
procedures shall become effective 30 calendar days following its issuance unless (1) a
petition to set aside the order and to hold a hearing is filed by any person who
commented on the Proposed Order and the petition is granted, or (2) an appeal to the
United States District Court is taken under 33 U.S.C. 1319(g)(8).

.y

Permit: USACE Permit No. 200510019
PROPOSED ADMINISTRATIVE PENALTY ORDER
Under the authority granted by 33 U.S.C. § 1319(g) and 33 CFR Part 326.6, I,
Colonel John E. Pulliam, Jr., District Engineer, Wilmington District, propose to issue this order assessing
-ate renalyty of r vela ion o e a ove-re erence pemu s.
Name/Address of Permittee:
The Refuge at Drummond's Point
C/O Mr. Ron Andronowitz
155 Pelican Court
Edenton, North Carolina 27932
Permitted Activity:
The discharge of earthen fill material within 0.44 acre of Department of the Army (DA) jurisdictional
wetlands to facilitate the construction of a road to provide access to a residential development, on
property identified as the Refuge at Drummond's Point Development, located off State Road 1100,
adjacent to the Albemarle Sound and the Yeopim River, in Chowan County, North Carolina, consistent
with the application and plans for USACE Permit No. 200510019.
Condition(s) or Limitation(s) of Permit Reportedly Violated:
The Refuge at Drummond's Point Development failed to comply with special condition b. of the subject
permit, which states that, "The Permittee shall make payment to the North Carolina Ecosystem
Enhancement Program (NCEEP) in the amount determined by the NC EEP, sufficient to perform the
restoration of 0.75 acres of riparian and 0.51 acres of non -riparian wetlands in the Pasquotank River
Basin, Cataloging Unit 03010205."
"Construction within jurisdictional areas on the property shall begin only after the pemrittee has
made full payment to the NCEEP and provided a copy of the payment documentation to the
Corps, and the NCEEP has provided written confirmation to the Corps that it agrees to accept
responsibility for the mitigation work required, in compliance with the MOU between the North
Carolina Department of Environment and Natural Resources and the United States Army Corps
of Engineers, Wilmington District, dated November 4, 1998."
Description of the Nature of the a Violation(s):
The Refuge at Drummond's Point Development began construction of the access road without complying
with this permit condition. The Refuge at Drummond's Point Development constructed the access road
prior to making payment to the NCEEP.

-2-
I propose to assess a Class I Administrative Penalty against the permittee in this case for $ 8,000;
however, this proposal is subject to revision in the interest of justice after all evidence and comments
have been received and reviewed The amount that may be assessed as a Clasc T Adm;nstrativ�ena
may not exceed $11,000 per individual violation or a maximum amount of $27,500.
}r-
Issued this day of August 2007.
✓� John E. Pulliam, Jr.
Colonel, U.S. Army
District Commander