05-19B Summerell

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF.
Regulatory Division
Action ID No. 200610408
August 31, 2006
Morehead City
Mr. Charles Jones, Director
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Dear Mr. Jones:
� .1006
SEP
pCM
By letter dated February 16, 2006, Mr. Jimmie D. Summerell was notified of alleged
violations of permit conditions or limitations associated with the installation of rock riprap
material waterward of an eroding shoreline and the unauthorized discharge of fill material within
high quality swamp forest wetlands on his property, located off Shifting Sands Drive, in the
Bridgepath Estates Subdivision, adjacent to the Albemarle Sound, near the Town of Columbia, in
Tyrrell 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
modify and issue the 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

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

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 200610408 August 16, 2006
PUBLIC NOTICE
INTERESTED PARTIES: The District Engineer, Wilmington District, proposes
to issue an order assessing a Class I Administrative Penalty against Mr. Jimmie D.
Summerell, for a violation of permits granted under Section 404 of the Clean Water Act
and Section 10 of the Rivers and Harbors Act of 1899.
PERMITS INVOLVED AND ALLEGED VIOLATION: The Department of
the Army issued Regional General Permit No. 197800080 to Mr. Summerell in
coordination with the CAMA Permit Program on January 10, 2006. This permit
authorized the installation of rock riprap material waterward of an eroding shoreline on
Mr. Summerell's property, located off Shifting Sands Drive, in the Bridgepath Estates
Subdivision, adjacent to the Albemarle Sound, near the Town of Columbia, in Tyrrell
County, North Carolina.
Permit No. 197800080 was violated as follows:
Mr. Summerell failed to comply with special condition (e) of the RGP, which
states, "this general permit does not authorize the construction or placement of structures
nor the discharge of fill material within Department of the Army jurisdictional wetlands,
seagrass, or submerged aquatic vegetation."
Mr. Summerell discharged fill material within approximately 26,790 square feet
(0.61 acre) of high quality swamp forest wetlands immediately adjacent to the Albemarle
Sound.
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 permittee, the appropriate state agency, and the public. 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
$5,000. 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/ADNHNISTRATIVE 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, 2006. Any
submitted comments will be included in the administrative record relating to the
Proposed Order. All information submitted by the permittee 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
administrative record is subject to the provisions of law restricting the disclosure of
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
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
Engineer may issue the Final Order on this violation on or after 30 days following receipt
of this formal notice by the permittee.
POST DECISION HEARING/APPEAL: 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).

Permit: USACE Regional General Permit No. 197800080
PROPOSED ADMINISTRATIVE PENALTY ORDER
Under the authority granted by 33 U.S.C. § 1319(g) and 33 CER Part 326.61 I,
Colonel John E. Pulliam, Jr., District Engineer, Wilmington District, propose to issue this order assessing
a Class I Administrative Penalty for violation of the above -referenced permit.
Name/Address of Permittee:
Mr. Jimmie D. Summerell
112 Colleton Lane
Kill Devil Hills, North Carolina 27948
Permitted Activity:
The installation of rock riprap material within navigable waters of the United States, waterward of an
eroding shoreline on Mr. Summerell's property, located off Shifting Sands Drive, in the Bridgepath
Estates Subdivision, adjacent to the Albemarle Sound, near the Town of Columbia, in Tyrrell County,
North Carolina, consistent with USACE Wilmington District Regional General Permit (RGP) Number
197800080 and with the plans submitted in CAMA Permits 38731-B, 40677-13, 41297-B, and 43810-B.
Condition(s) or Limitation(s) of Permit Reportedly Violated:
Mr. Summerell failed to comply with special condition (e) of the RGP, which states, "this general permit
does not authorize the construction or placement of structures nor the discharge of fill material within
Department of the Army jurisdictional wetlands, seagrass, or submerged aquatic vegetation."
Description of the Nature of the Violation(s):
Mr. Summerell discharged fill material within approximately 26,790 square feet (0.61 acre) of high
quality swamp forest wetlands immediately adjacent to the Albemarle Sound.
I propose to assess a Class I Administrative Penalty against the permittee in this case for $ 5,000;
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 Class I Administrative Penalty
may not exceed $11,000 per individual violation or a maximum amount of $27,500.
Issued this 2'�r� day of August 2006.

DCM ENFORCEMENT TRACKING REPORT
,� �" Issuer f %_
Field Rep, !a 4aeY 4 �/y,/E Y io Vicl 1 Base No.
A B' C D
LPO
Violated Permit No.
LPJ T YR;I?RG & G Al v /J (if applicable)
.:.ws
Violation Description Was activity permittable? Yes / No
Initial Discovery Date /2 ,!7 5' Discovery Method AFl o n1 i ro;.i n1 V1 <" 7—
Violation Description F e-'l . 4 tz;2 4R4,:Pa+7 'Ew A 6 . 4 e-p—iss 0f.- rw"d 0 erJ- . /s 7.56.
.� rs wirea . J 724 cawsr/rL 420
Respondent Information Prior Violations in same AEC: Yes / No C�as—e�`—N�ggp-e- ,;
Respondent Name(s) �"IM.rt lE gvMME�EGL IanAnwnai/Agent/Contractor),
Address LGAI State We' Zip2.%9op
Phorie # eZ5z0 k1e l — C 3 s3 Fax #
Violation Type: Project Type: Authorizations Required:
Site Visits Respondent Site Visits
Respondent
No Permit Private/Community Major CAMA/?
L Minor ❑ D&F
Present
J/T ❑ .
e/
Present
❑ .
❑ Permit Condition Govt./Public
❑
n
Expired Permit ❑ Commercial ❑ General
❑
❑ Inconsistent wl Rules
Violation Location and Site Description
Rover File .. .
Project Location: County T yLL. . G°o u tL7 �j . , ..
Shoreline Length
Street Address/ State Road/ Lot #(s) o/=P S.V / z /3 Al-
SAV: Not Sure Yes
/,0,r a"J ��,��-�,q
Sandbags: Not Sure Yes
o
'
�e�r1J4aO� �Srs
PNA: Yes o
Adjacent
Subdivision. id
ORW: ,Yes
o 'Adjacent
City G.O/ (iM r /A ZIP
Crit. Hab. Yes
No
Phone # (_) River Basin �,458>u/,Je.
Photos Y
No
Adj. Wtr. Body 5am' +0 4 urDman lunknl
Waiver Required Yes
(.
In DWQ Buffer Area Yes''
Closest Maj. Wtr. Body Arc ^ ta)��� S'
Specify DWQ Buffer if applicable:
Restoration
�y Extension
Yes
No
NOV Date B 2�c° Rods Initial Req. Comp. Date
Letter
r-- Restoration Letter
Observed
Tuti10 200 (P
CNOV Date Date Comp.
Acceptance Date
. .
Penalty Assessment
Sent to Respondent Date
Rcvd by DCM Date
Assessment Extended Yes No -
71.0409 Ref. I Recomm. Assess.
DCM Assess.
App./Permit Fee
$ 250 0o
I $s0 0
Penalty
sL J s / d e) ° °
s ed .
Willfullintent.
s
is
Continuing
Is
is
Other
$
5
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
Final Assessment $ Date El Pe modified enalty
Attorney General's Office for Injunction or Formal Collection /yam
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 SY r 1R LS TY
PWS: FC: SS SC SP IF BF 404
Restoration Required by the Respondent Yes No
NOTES: I „�
' Tii /5 l4 1_,A�.. �yMML{�7 Lf .SEZ� �i�.. 7//®4�'TSOn% /.J �Tl�i J r+ZC•
7-71,5 J 5
LL r 4 251 Z? !T—r G/a-rsc ri.7 GJ i -+-�-Jz �1 C 4 ASrAt..�
1.�
i,.1a� • c iac�/J �— Mom, fr�.�:+�aa�t�-z � LJ,-oo ��M ovr0 xi.4-r
y7L�M ty>'ri Wt'iLA,-s�4 THE Sas��GA'1iVO-L aY 77 LfSeok.
Closing
Payment Received S "°9JD Date Date Case Closed

a
North Carolina Department of Environment and Natural Resources 05-19B
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
19 June 2006 LSB _f L>—RB
TB _FRB
Mr. Jimmie Summerell MTT
112 Colleton Lane
Kill Devil Hills, North Carolina 27948
RE: Payment of Proposed Penalty for Violations of the Coastal Management Act
Committed in Tyrrell County
CAMA Violation No. 05-19B
Dear Mr. Summerell:
This letter will acknowledge receipt of Check No. 5847 in the amount of $350, and dated
9 June 2006. Once the amount of the check is credited to the Department of Environment and
Natural Resource 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,
Q CLQ U �R
�,d Terry E. Moore
District Manager
Division of Coastal Management
Washington Regional Office
c:\ Ted Tyndall — Assistant Director, DCM
oy Brownlow — Compliance & Enforcement Coordinator
R. Kelly Spivey - Coastal Management Representative, WaRO, DCM
Nam` cano'na
atural}y
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX:[phone] Intemet:www.nocaastalmanagementnet/
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

CAMA VIOLATION N05-19B
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 seMc ,
committed on or near my property located off SR 1213 at Lot No.1, Bridgepath Estates,
adjacent the Albemarle Sound, near Columbia, in Tyrrell 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
13 December 2005, and agree to pay the civil assessment of $350.
� -C�1. (X0
DATE
a 9,
SIGNATURE
ADDRESS
�4i�*�A_,f1L
441 b 3 Z>
TELEPHONE NUMBER

LSB MBr
RB
1lN -F2006
4DCMENFORCEMENIT
RACKlNI� u�Lu--,.t
it DCM
�
Field Rep.sSI.� J1/✓�Y A B C D
Violated Permit No.
LP( 7-Y9REL Ga0,-r(if applicable)
Violation Description Was activity permittable? Yes / No
Initial Discovery Date / ? /i Zo S Discovery Method V1 a 2—
Violation Description ArL� 4RA✓e+9
d, ea," 3
Respondent
Respondent Name(s) J J/"^ I ...D vv,v F�c. Pa.. _
Address 7/ ' ZA1
Phone # 1252� tt4 �— L i g 3
Fax #
i
N.
zip 2179* S
Email
Violation Type: Project Type: Authorizations Required: Site Visits Ressp Snedent Site Visits Respondent
PrPresent
nt
No Permit Private/Community Major CAMA �L , ❑
Permit Condition Govt.IPublic Minor ❑ D&F
Expired Permit ❑ Commercial ❑I GeneralLJ LI
Inconsistent wl Rules
Violation Location and Site Description
Rover File -
Project Location: County 7 YZA4 u' Go ° 4Y'7
Shoreline Length D
Street Address/ State Road/ Lot #(s)pe=F R 7 Z 1 3 AT
SAV, Not Sure Yes
It
iT41:9 `Z
Sandbags: Not Sure Yes
PNA: Yes Adjacent
5�J`JdIVI510n,v1f!l+�'��i'9'J-1 �STATFS
ORW. Yes o Adjacent
City eyl vM r ZA ZIP
Crit. Hab. Yes No
Yes)
,,//��
Phone" (—) River Basin 0%2) urT- 4C-
Photos No
Yes
Waiver Required
Adj. Wtr. Body / ^^ n
In DWO Buffer Area Yes
Closest Ma'. Wtr. Body `—"" a �
Specify DWO Buffer if applicable:
Restoration AY Extension Granted Yes No
NOV Date 73 OEC Initial Req. Comp. Date44m�
Restoration Letter
�J�a ,Zdofp
t T
o�
Date
CNOV Date Date Comp. Observed
Acceptance
71.0409 Ref. Recomm. Assess. DCM Assess.
Penalty Assessment
Date T'�— �' ! App.IPermit Fee
I $ 25-0 , °O I S
Sent to Respondent
Penalty
Il i I $ d LJ ° ' STD
Rcvd by DCM Date
r
$ $
j Willfulllntent.
Assessment Extended Yes No
$ $
Continuing
Other
$ $
!
Total

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment
Attorney General's Office for Injunction or Formal Collection /V
Date sent to AG,
Assessment Appealed Yes
❑ Penalty modified
No
❑ Respondant not responsive to penalty/NOV '❑ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected:
CW EW PTA ES PTS
IDEA HHF IH
PWS: FC:
Other:
Restoration Required by the Respondent Yes No
Activities
NOTES:
Wetlands Impacted? Yes No
SA
SS
Dimensions In excess Dimensions to restore
mitt unauthorized activities:
If yes, which types:
DS Ci SY A LS TY
SC SP IF BF 404
Final dimensions
allowed 11Actually restored
�L� f /i—M� Svc SEZi' ^(� Yiot..�+-T, .J •r•�e ,I�'j-c=
'�I v�SsokJ fJ'F Po h�ryt-z. A�rtigev i 1�oyve.-x' I' ! 5
r2- S'r- /%IO L/�Tl b TT' / k' 1 i} ,AJ 'r7T-r C 4 fj.�t'�i�}l , j 65EL, t &4
4Lf1Sr2Yvc� 9'l4-L -47V -rW/At-t ;R-L�-'-taveZR �'ar3 9rsarJs
L
a i
Closing
Payment Received $ Date Date Case Closed

a°` cunnq??
i
` % z
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
1 June 2006
CERTIFIED MAIL 7006 0100 0000 8384 3589
RETURN RECEIPT REQUESTED
Mr. Jimmie Summerell
112 Colleton Lane .
Kill Devil Hills, North Carolina 27948
RE: CAMA VIOLATION #05-19B ,
Dear Mr. Summerell:
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 13 December
2005 for unauthorized development in violation of the Coastal Area Management Act
(CAMA). The violation occurred on -site your property located off SR 1213 at Lot No.1,
Bridgepath Estates, adjacent the Albemarle Sound, near Columbia, in Tyrrell County,
.North Carolina. The violation resulted from the unauthorized filling and grading of t 1.6
acres, of which ±15,750 ft2 is within the Coastal Shoreline. The US Army Corps of
Engineers delineated a portion of the graded and filled area within the Coastal Shoreline
as Section 404 wetlands. -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 24 May 2006, and information from Mr. Tom
Steffens, U.S. Army Corps of Engineers, 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 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
NC11 Carolina
ntura!!�
943 Washington Square Mall, Washington, North Carolina 27889
Phone:[phone] FAX:[phone] Intemet:www.nccoaslalmanagementnell
An Equal Opportunity I Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Mr. Jimmie Summerell
Page 2
1 June 2006
#05-19B
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,
Terry 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 #05-1911
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 located off SR 1213 at Lot No.1, Bridgepath Estates,
adjacent the Albemarle Sound, near Columbia, in Tyrrell 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 _
13 December 2005, and agree to pay the civil assessment of $350.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER

It
9 01.0
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
1 June 2006
CERTIFIED MAIL 7006 0100 0000 8384 3589
RETURN RECEIPT REQUESTED
Mr. Jimmie Summerell
112 Colleton Lane
Kill Devil Hills, North Carolina 27948
RE: CAMA VIOLATION #05-19B
Dear Mr. Summerell:
!Fonlat q — 6 ZUU6
Morehead City DCM
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 13 December
2005 for unauthorized development in violation of the Coastal Area Management Act
(CAMA). The violation occurred on -site your property located off SR 1213 at Lot No.1,
Bridgepath Estates, adjacent the Albemarle Sound, near Columbia, in Tyrrell County,
North Carolina. The violation resulted from the unauthorized filling and grading of f 1.6
acres, of which ±15,750 ftz is within the Coastal Shoreline. The US Army Corps of
Engineers delineated a portion of the graded and filled area within the Coastal Shoreline
as Section 404 wetlands. 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 24 May 2006, and information from Mr. Tom
Steffens, U.S. Army Corps of Engineers, 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 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
Noy` Caro -
�tura)t1
943 Washington Square Mall, Washington, North Carolina 27889
Phone:[phone] FAX: [phone] Internet: wwwrtocoastalmanagement.net/
An Equal opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Mr. Jimmie Summerell
Page 2
1 June 2006
#05-19B
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,
X2'-WeLe�
Terry 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 #05-19B
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 seq,
committed on or neat my property located off SR 1213 at Lot No.1, Bridgepath Estates,
adjacent the Albemarle Sound, near Columbia, in Tyrrell 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
13 December 2005, and agree to pay the civil assessment of $350.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

17-Jul-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
[CAS ESTATUSI CASENUMBER LASTNAME
FIRST NAME BUSINESS NAME:
(_iCASE ISOPEN . I -;19a ISUMMERELL JIMMIE
L) CASE IS CLOSED previous Violations in Same
L- AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR
12/13/2005 1 (--- 1PROPERTY OWNER 1PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
112 COLLETON LANE KILL DEVIL HILL NC 27948- [phone]
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
LOT 1 BRIDGEPATH ESTAT ICOLUMBIA ALBEMARLE SOUND SR 121
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WARD TYRRELL ISPIVEY -
VIOLATION TYPE AFFECTED AEC(S) U CW i,__ EW [J PTA `i/] ES ❑ PTS
MAJOR CAMA ❑ OEA 1._.-1 HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION ISECTION 404 WETLANDS
Unauthorized major development by filling and grading within the CS AEC affecting Section 404 Wetlands adjacent
to the Albemarle Sound.
STATUS
RESTORATION REQUEST DATE COMPLETION DATE
RESTORATION
1 RESTORATION REQUIRED
5/24/2006 6/1/2006
❑ RESTORATION NOT REQUIRED-
CONTRACTOR ❑ RESTORATION EXTENDED RESTORE DATE
F/] RESTORATION NOT REQUIRED-
DEADLINE
PERMITTABLE DEVELOPMENT EXTENDED
f ] RESTORATION NOT REQUIRED -
FURTHER IMPACTS ❑ `
❑ RESTORATION PENDING
INJUNCTION REFER DATE:
❑r
COLLECTION REQUEST DATE: F-
PENALTY STATU81
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
6/1 /2006 $350 6/19/2006 I $350
© PENALTYISSUED
[-I WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED)
J PENALTY NOT ISSUED
[1 CNOV ISSUED F—CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE
U PENALTY APPEALED APPEAL DATE
❑ FORMAL CPA ISSUED 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.) I
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES

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
13 December 2005
CERTIFIED MAIL 7003 3110 0002 0608 6658
RETURN RECEIPT REQUESTED
LSBRB
Mr. Jimmie Summerell
TB FRB
112 Coileton Lane
I , ZMTT
Kill Devil Hill
s, North Carolina 27948
Dear Mr. Summerell:
This letter confirms that on 1 December 2005, Terry Moore, NC Division of Coastal
Management and I, were onsite your property located off SR 121, at Lot No.1, Bridgepath Estates,
adjacent the Albemarle Sound near Columbia, in Tyrrell County, North Carolina. This letter also
confirms our 13 December 2005 telephone conversation. The purpose of this on -site visit was to
monitor CAMA Minor Permit No. 04-05 issued to you on 15 August 2005 for filling and grading an
area less than one acre in size, a portion of which is within the Coastal Shoreline Area of
Environmental Concern.
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 1.6 acres, of which f 15, 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.
I request that you U*EVIEDIATELY 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
PIA" Caro ina
,dump;
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX [phone] Internet: www.ncooestalmanaaementneV

r
Mr. Jimmie Summerell
13 December 2005
Page 2
applicable State and Federal regulations. A civil assessment ofup 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 filling and 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 Mr. Tom Steffons, USACOE, at [phone] for guidelines in this area. In addition to
the above, all disturbed high ground must be sufficiently stabilized to prevent eroded materials from
entering the Albemarle Sound or adjacent wetlands in accordance with directions from Mr. Patrick
McClain, [phone], of the N.C. Division of Land Resources; Land Quality Section.
Thank you for your cooperation in resolving this important matter. Ifyou have any questions,
please do not hesitate to contact me at [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 v
Coastal Management Representative
c: Ted 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

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
13 December 2005
CERTIFIED MAIL 7003 3110 0002 0608 6658
RETURN RECEIPT REQUESTED
Mr. Jimmie Summerell
112 Colleton Lane
Kill Devil Hills, North Carolina 27948
Dear Mr. Summerell:
This letter confirms that on I December 2005, Terry Moore, NC Division of Coastal
Management and I, were onsite your property located off SR 121, at Lot No. 1, Bridgepath Estates,
adjacent the Albemarle Sound near Columbia, in Tyrrell County, North Carolina. This letter also
confirms our 13 December 2005 telephone conversation. The purpose of this on -site visit was to
monitor CAMA Minor Pemut No. 04-05 issued to you on 15 August 2005 for filling and grading an
area less than one acre in size, a portion of which is within the Coastal Shoreline Area of
Environmental Concern.
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 1.6 acres, of which t 15, 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.
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
iVeoenCarotina
yat"U21
943 Washington Square Mall, Washington, North Carolina 27889
Phone [phone] FAX: [phone] Internet wwu remstalmanaaement nell

Mr. Jimmie Summerell
13 December 2005 .
Page 2
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 711, State Guidelines for Areas
of Environmental Concern, the filling and 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 Mr. Tom Steffons, USACOE, at [phone] for guidelines in this area. In addition to
the above, all disturbed high ground must be sufficiently stabilized to prevent eroded materials from
entering the Albemarle Sound or adjacent wetlands in accordance with directions from Mr. Patrick
McClain, [phone], of the N.C. Division of Land Resources, Land Quality Section.
Thank you for your cooperation in resolving this important matter. If you have any questions,
please do not hesitate to contact me at [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 v
Coastal Management Representative
c: Ted 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 .

21-Dec05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
.' CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
00 05-198 ISUMMERELL 1JIMMIE
O CASE IS CLOSED
Previous Violations in F;avne
❑AEC for Similar Activit'le,
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR
92M312005 I— PROPERTY OWNER PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
112 COLLETON LANE KILL DEVIL HILL NC 27948- 1
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
LOT 1 BRIDGEPATH ESTAT COLUMBIA ALBEMARLE SOUND SR 121
DISTRICT OFFICE .COUNTY DCM REPRESENTATIVE LPO CONTACT
WARD ITYRRELL JSPIVEY I —
VIOLATION TYPE FECTED AEC(S) ❑ CW ❑ EW ❑ PTA. [VI ES ❑ PTS
MAJOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION ISECTION 404 WETLANDS
Unauthorized major dew
to the Albemarle Sound.
ng and grading within the CS AEC affecting Section 404 Wetlands adjacent
RESTORATION STATUS
❑ RESTORATION NOT REQUIRED - CONTRACTOR
® RESTORATION NOT REQUIRED - PERMITTABLE 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: I
ASSESSMENT DATE PENALTYAMOUNT COLLECTIONDATE AMOUNT COLLECTED
PENALT PENALTY TY ISSUED I I I
❑
[-1 PENALTY NOT ISSUED ❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ CNOV ISSUED r�—CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED �APPEAL DATE
❑ FORMAL CPA ISSUED FORMAL CPA DATE
❑ SETTLED. AGREED UPON, STIPULATED PENALTY I 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

North Carolina
Michael F. Easley, Governor
LSB
TB
FTWA RB
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
Charles S. Jones, Director
May 9, 2006
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Jimmie Summerell
112 Colleton Lane
Kill Devil Hills, North Carolina 27948
RE: CAMA VIOLATION #06.06A
Dear Mr. Summerell:
William G. Ross Jr., Secretary
This letter is in reference to the Notice of Violation dated February 28, 2006, that Lynn Mathis,
representative for the Division of Coastal Management, issued to you for filling Coastal Wetlands at
1064 Colington Road, Dare County. The violation involved Coastal Wetlands, which are an Area of
Environmental Concern designated by the Coastal Resources Commission. Based upon the site
visit conducted on April 11, 2006, by Lynn Mathis, 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
$450.00 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 Civil Assessment; (2) attach a check or money order for $450.00 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.
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.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nocoastaimanagement.net
MTT
RB
An Equal Opportunity 1 Affirmative Action Employer- 30% Post Consumer Paper

Jimmie Summerell
May 9, 2006
Page 2
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,
ed Sa psortf n�
District Manager
Northeast District
TS/yc
Enclosure: Agreement to Pay Proposed Civil Assessment
ccrTed Tyndall, Assistant Director, NC Division of Coastal Management, Morehead City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Lynn Mathis, Coastal Management Representative, DCM, Elizabeth City
Tom Steffens, US Army Corps of Engineers

CAMA VIOLATION #06.06A
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 $450.00 against me for violation of the Coastal
Area Management Act, NCGS 113A-100 at seg, committed on or near my property 1064 Colington
Road 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 February 28, 2006, and agree to pay the proposed civil assessment of $450.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER

12-May-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
(DO 06-06A ISUMMERELL JJIMMIE
O CASE IS CLOSED L'
PfeV10US Violations In Same
NOV DATE .CLOSURE DATE Elapsed Days gFFLILIATION SECTOR El AEC for Similar Activities
2128/2006 rS PROPERTY OWNER COMMERCIAL
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
112 COLLETON LANE IKILL DEVIL HILL NC 27948- I
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
1064 COLINGTON DR KILL DEVIL HILLS COLINGTON CREEK
DISTRICTOFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
'ECDO DARE .L. MATHIS I
VIOLATION TYPE AFFECTED AEC(S). F41 CW ❑ EW [-]PTA ❑ ES ❑ PTS
MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA [_1 PWS ❑ NCRA
NATURE OF VIOLATION
AEC DESCRIPTION
autnorizea major development and violation of the State's dredge and fill law by filling coastal wetlands adjacent
Colington Creek.
RESTORATION STATUS]
❑ RESTORATION NOT REQUIRED - CONTRACTOR
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
3/30/2006 I 4/it/2006
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
LPENALTY STATUS
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
$450
51912006 � 1 1
�Pj PENALTY ISSUED
❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ PENALTY NOT ISSUED
❑ CNOV ISSUED DATE
LJ FIRST OFFENSE
�CNOV
ElCONRACTOR'S PENALTY APPEALED APPEAL DATE
❑ FORMAL CPA ISSUED �- FORMAL CPA DATE
❑ SETTLED. AGREED UPON. STIPULATED PENALTY I SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY 1—UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SO. FT)
NOTES

14-Jun-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS CASENUMBER LAST NAME
FIRST NAME BUSINESS NAME:
CASE IS OPEN 71 F1 ISUMMERELL JIMMIE
CASE IS CLOSED
Previous Violations in Same
❑ AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR
F F F- PROPERTY OWNER 1PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
112 COLLETON LANE KILL DEVIL HILL NC 27948- I
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
LOT 1 BRIDGEPATH ESTAT COLUM BIA ALBEMARLE SOUND SR 121
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WARO TYRRELL ISPIVEY I
VIOLATION TYPE AFFECTED AEC(S)� �' CW [-IEW []PTA ©ES ❑ PTS
MAJOR CAMA 1_1 OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION ISECTION 404 WETLANDS
Unauthorized major development by filling and grading within the CS AEC affecting Section 404 Wetlands adjacent
to the Albemarle Sound.
RESTORATION STATUS.
RESTORATION REQUEST DATE COMPLETION DATE
I RESTORATION REQUIRED
- RESTORATION NOT REQUIRED - CONTRACTOR
RESTORATION EXTENDED RESTORE DATE
❑DEADLINE
%,RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
EXTENDED
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ REFERRED TO AGS OFFICE - INJUNCTION
INJUNCTION REFER DATE: I
r j RESTORATION PENDING
-
: ❑ REFERRED TO AG'S OFFICE - COLLECTION
- - - - -
COLLECTION REQUEST DATE: I
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUS 6/1l2006 $350
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 I FORMAL CPA DATE
❑ SETTLED. AGREED UPON. STIPULATED PENALTY SETTLEMENT DATE
❑ r
UNCOLLECTIBLE PENALTY 1 UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA(SQ, FT)
NOTES