05-07B Spencer

NCDENR
North Carolina Department of Environment and
Michael F. Easley, Governor
Mr. Jesse Spencer
Post Office Box 764
Ocracoke NC 27960
LSB M RB
TT
.1TB RB
Natural Resources
Division of Coastal Management
Charles S. Jones, Director
1 November 2005
William G. Ross Jr.,
ED
NOV 2 8 2005
Morehead City DCM
RE: Payment ojPMposed Penalty for Holations of the Coastal Area Management Act
Hyde County, CAMA Holation #05-07B
Dear Mr. Spencer:
This letter will acknowledge receipt of your Check #128, in the amount of S700, and dated 28
October 2005. 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 the Washington
Regional office, (252)-948-3851.
Sincerely,
Teny" E. Moore
District Manager
c: ed Tyndall, Assistant Director
Roy Brownlow, Compliance Coordinator
Steven J. Trowell, Coastal Management Representative
N `mthCarolina
943 Washington Square Mall, Washington, North Carolina 27889 1/
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanaoement.nett

e ,A
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., Secmetary
21 November 2005
Mr. Jesse Spencer
Post Office Box 764
Ocracoke NC 27960
/NOVt t tJ
Morehead City DCM
RE. Payment of Proposed Penalty for Holations of the Coastal Area ?Management Act
Hyde County, C4AL4 Violation #05-07B
Dear Mr. Spencer:
This letter will acknowledge receipt of your Check #128, in the amount of $700. and dated 28
October 2005. 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 the Washington
Regional office, (252)-948-3851.
Sincerely,
Terry E. Moore
District Manager
Ted Tyndall, Assistant Director
oy Brownlow, Compliance Coordinator
Steven J. Trowell, Coastal Management Representative
NvJo CCamlina
943 Washington Square Mall, Washington, North Carolina 27889 al dly
Phone: [phone] FAX: [phone] Internet: www.n=astaimanagement.net

DCM ENFORCEMENT TR,-/IxCY.!NG RCS EtF'
11 Issuer
Field Rep. �/G Z_ 7/L�%� Viciat:, s- Nt ty QCM
LPO _ A t� C D
Violated Permit No.
. LPj (RRpp'rJda)
Violation Descripti n � Was activitt peNoi r ittable? Yes /
Initial Discovery Date v C� Discovery Method SC,��/L/1L�//2F
Respondent Information
Address
Phone r
Violations in same AEC:0'e f No
v—V
City a" L42& Stateoe4'--- Zipe;T7 0
Fax #
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent Site Visits Respondent
7 No Permit
Private/Community
0 Major CAMA
esent Present
_1 Permit Condition
❑ Govt./Public
❑ Minor iyj D&F
z,, Q 1
_
Expired Permit
❑ Commercial
❑ General
❑ 1
-�r
tL� Inconsistent w/ Rules
_
I --I
Violation Location and Site Description
Project Location: County
Street Address/ State Road/ Lot
Ciy G ZIP.
Phone # (_) -2fAkf— River Basir
Adj. Wtr. Body
Closest Maj. Wtr. Body
Rover File
Shoreline Length
' SAV: Not Sae Yes No
Sandbags: Not Sae Yes No
PNA: Yes No Adjacent
ORW: Yes No Adjacerc
Crit Hab. Yes No
Photos Yes No
an /unkn) Waiver Required Yel No
In DWQ Buffer Area l� Nq/
Specify DWQ Buffer if aaplimble:
o NOV Date
NOV D�� � Initial Req. Comp. Date
CNOV Date 1 Date Comp. Observed
Penalty Assessment oS 5ZTo c0G
Sent to Respondent Date
Rcvd by DCM Date
r-sessmentExtended Yes No -
App./Permit Fee
Penalty
WillfuVintent.
Continuing
Other
Extension Granted Yes
Restoration Letter
Acceptance Date
iR
• 7J.0409 Ref. Recomm. Assess.
I DCM Assess.
C is
s
le:�20
Is
i Is
S I
i
S
Is
�S
S
Total ;ZZ o

Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment S
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 L Injunction to complete restoration
Date Collection Let Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Aff cted: Wetlands Impacted? Yes / No If yes, which types:
EW PTA ES PTS
OEA - HHF IH SA LDS/ C� SY -dD LS TY
Ms. FC:
SS �j ©P IF BF 404
Other:
Restoration Required by the Respondent �/ No
Dimensions in excess I Final dimensions
DLmensions to restore I I Actually restores
of permit/ unauthorized activities, allowed
Develo men[ Activities
/ ilo
TF ;
I 1 I I
I
I Habitat Description I I
i I
Closing _
Payment Received S ��'z Llate �/ Date Case Closed

20-Dec-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
' CASE NUMBER LAST NAME _ FIRST NAME BUSINESS NAME:
O MMIN05-078 ISPENCEIR JESSE
(�j) CASE IS CLOSEDPrevious Violations in Same
❑ AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR
6/9/2005 IlIMIM f 1 g5 1PROPERTY OWNER 1PRIVATE
MAILING ADDRESS
CITY STATE
ZIP CODE PHONE NUMBER
POB 764
JOCRACOKE NC
27960. F—
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
WAHAB SUBDIVISION
JOCRACOKE
1PAMLICO SOUND HWY 12
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
'WARD IHYBE ITROWELL�
VIOLATION TYPE AFFECTED AEC(S) 9 CW ❑ EW ❑ PTA ❑ ES ❑ PTS
MAJOR CAMA plus DREDGE AND FILL ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
fill
major development by filling of approximately 1,650 sq.ft. of Coastal Wetlands with wood chips and
RESTORATION NOT REQUIRED - CONTRACTOR
E_I RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
7/13/2005 I
RESTORATION EXTENDED RESTORE DATE
© DEADLINE
EXTENDED 9/14/2005
❑ REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION REFER DATE:
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: I
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUS -
10/17/2005 $700 71l21/2005 $700
F11 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 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
area was previously filled and subsequently restored in accordance with CASE NO. 02-11
rnd extension granted 08/25/05 till 9/14/05.

North Carolina Department of Environment and Natural Resources 05-07B
Division of Coastal Management
9
Michael F. Easley, Govemor Charles S. Jones, Director William G, Ross, Jr., Secretary
17 October 2005
CERTIFIED MA11L 7003 3110 0002 0608 6603 Rgargy, ��
RETURN RECEIPT REQUESTED
Mr. Jesse Spencer LSB _ B DC: T 2 5 ?005
Post Office Box 764 TB NRB
Ocracoke, North Carolina 27960 MTT Iheau idly Ljcm
Dear Mr. Spencer:
This letter is in reference to the Notice of Violation that Steve Trowell, representative for the
Division of Coastal Management, issued to you on 9 June 2005 for unauthorized development in
violation of the Coastal Area Management Act (CAMA) and the State's Dredge and Fill Law. The
violation occurred onsite your property located off HWY 12, adjacent to the Wahab Subdivision, on
Ocracoke Island, in Hyde County, North Carolina. The violation resulted from the unauthorized
filling of approximately 1,650 ft' of Coastal Wetlands with wood chips and earthen fill. The area
filled includes areas previously filled and subsequently restored subject to Notice of Violation 02-
1113 issued on 17 May 2002. The affected area contains but is not limited to the following Coastal
Wetland species; Distichlis Micata, S_ ap mina patens , Sciraus sp., and Juncus roemerianus. This
unauthorized, unpermitted activity took place in the Coastal Wetland Area of Environmental
Concern Coastal Wetlands are a designated Area of Environmental Concern and no permit was
issued to you for development in this area. Based upon Mr. Trowell's 12 October 2005 inspection,
the requested restoration has been completed to the satisfaction of this Division
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 Resource Commission, a proposed civil penalty in the amount
of $700 is appropriate for this violation. You may expeditiously resolve these matters prior to the
assessment of a formal civil penalty by accepting responsibility for the violation and paying the
amount proposed of $700. 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 $700 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.
No!l Caro ina
rural�y
943 Washington Square Mail, Washington, North Caroline 27889
Phone: [phone] FAX: [phone] Internet w .n000sstslrnensoennentnet/

ri
Mr. Jesse Spencer
17 October 2005
Page 2 of 3
05-07B
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 matter. Ifyou have any questions,
please do not hesitate to contact me at my Washington Office, [phone].
Sincer
Te . Moore
District Manager
Division of Coastal Management
Washington Regional Office
ENCLOSURE
Steve Trowell - Coastal Management Representative, DCM
Red Tyndall - Assistant Director, DCM
oy Brownlow — Enforcement Coordinator, DCM
Raleigh Bland - U.S. Army Corps of Engineers
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone]Internet www.nccoastaimanagement.net

Mr. Jesse Spencer 05-07B
17 October 2005
Page 3 of 3
CAMA VIOLATIONS #05-0713
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 $700 against me, Jesse Spencer, for
violation of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near my
property located off HWY 12, adjacent to the Wahab Subdivision, on Ocracoke Island, in Hyde
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 9
June 2005, and agree to pay the proposed civil assessment of $700.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone]Internet www.necoastalmanagementnet

. cors]4
i o 'S
North Carolina Department of Environment and Natural Resources 05-07B
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
17 October 2005
CERTIFIED MAIL 7003 3110 0002 0608 6603
RETURN RECEIPT REQUESTED r
Mr. Jesse Spencer
Post Office Box 764 l T 2 5 Z005
Ocracoke, North Carolina 27960
Moreheau c;ry ACM
Dear Mr. Spencer:
This letter is in reference to the Notice of Violation that Steve Trowell, representative for the
Division of Coastal Management, issued to you on 9 June 2005 for unauthorized development in
violation of the Coastal Area Management Act (CAMA) and the State's Dredge and Fill Law. The
violation occurred onsite your property located off HWY 12, adjacent to the Wahab Subdivision, on
Ocracoke Island, in Hyde County, North Carolina. The violation resulted from the unauthorized
filling of approximately 1,650 fr' of Coastal Wetlands with wood chips and earthen fill. The area
filled includes areas previously filled and subsequently restored subject to Notice of Violation 02-
11B issued on 17 May 2002. The affected area contains but is not limited to the following Coastal
Wetland species; Distichlis s iP•cata, Snartina patens , SciMus sv., and Juncus roemerianus. This
unauthorized, unpermitted activity took place in the Coastal Wetland Area of Environmental
Concern. Coastal Wetlands are a designated Area of Environmental Concern and no permit was
issued to you for development in this area. Based upon Mr. Trowell's 12 October 2005 inspection,
the requested restoration has been completed to the satisfaction of this Division
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 Resource Commission, a proposed civil penalty in the amount
of $700 is appropriate for this violation. You may expeditiously resolve these matters prior to the
assessment of a formal civil penalty by accepting responsibility for the violation and paying the
amount.proposed of $700. 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 $700 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.
r>•00e caro • a
atM 2
943 Washington Square Mall, Washington, North Caroline 27889
Phone [phone] FAX:[phone] Internet: www.nccoestelmeneoement.neV

Mr. Jesse Spencer
17 October 2005
Page 2 of 3
05-07B
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 matter. If you have any questions,
please do not hesitate to contact me at my Washington Office, [phone].
Since r
Terry . Moore
District Manager
Division of Coastal Management
Washington Regional Office
ENCLOSURE
Steve Trowell - Coastal Management Representative, DCM
Ted Tyndall - Assistant Director, DCM
Roy Brownlow — Enforcement Coordinator, DCM
Raleigh Bland - U.S. Army Corps of Engineers
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone]FAX: [phone]Internet www.nccoastalmanagementnet

Mr. Jesse Spencer 05-07B
17 October 2005
Page 3 of 3
CAMA VIOLATIONS #05-0713
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 $700 against me, Jesse Spencer, for
violation of the Coastal Area Management Act, NCGS 113A-100 et seq, committed on or near my
property located off HWY 12, adjacent to the Wahab Subdivision, on Ocracoke Island, in Hyde
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 9
June 2005, and agree to pay the proposed civil assessment of $700.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] \ Internet: www.nccoastalmanagementnet

FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210
CASE: 020011E PERMIT #: CONSULTANT: TROWELL
NAME: SPENCER, JESSE ADDR: PO BOX 764
CITY!tOCRACOKE STATE: NC ZIP: 27960 PHONE:
CNTY: HYDE NEAREST WATER BODY: PAMLICO SOUND ST PLANE X:
LPO : LOCALITY: OFF HWY 12 ST PLANE Y:
VIO DESC: UNAUTHORIZED FILLING OF CW WITH WOOD CHIPS/EARTHEN FILL
NOV SENT: 05 17 02 VIOLATION: MAJOR: Y MINOR: PERM COND: CAMA: Y D&F: Y
RESTORE : Y REQUESTED: 05 17 02 COMPLETED: 05 29 02
ESTUARY: PUB TRST: SHORELINE: OCEAN HZ: OTHER: PRI NURS: ORW:
N#TLANDS: Y 5A: DS: Y CJ: SY: JR: Y LS: TY:
SS: Y SC: SP: Y IF: BF: WS: MF:
TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER
CW 0 1402 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
------------------------ASSESSMENT AND DISPOSITION -----------------------------
REC ASSMT: 00350 REFERENCES: F4BI CRITERIA: 03 23 95
REPORT RCVD: 06 02 02 ASSESSED: 350 TO OGC: 01 01 01 TO VIOLATOR: 06 02 02
PAY REC: 350 ON: 06 24 02 CASE CLOSED: 02 25 02
# VIOLATORS: 1 TOTAL ASSESSMENT: 0 TOT RECEIVED: 0
MESSAGE: ENTER DATA YOU WISH TO CHANGE
PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREV SCREEN PF5=VIOLATOR

117ELSB ro<<�,A<, 05-07B
TB _RB
MTT u
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
Mr. Jesse Spencer
Post Office Box 764
Ocracoke, North Carolina 27960
Dear Mr. Spencer:
25 August 2005 R9
9 2005
AUG 2
Morehead City DCM
This letter is in response to our onsite meeting on the I Od' and 23rd of August 2005 to review
the requested Coastal Wetland restoration work undertaken by you in reference to Notice of
Violation No. 05-07B issued on 9 June 2005 for the unauthorized filling of Coastal Wetlands onsite
your property located off HWY 12, adjacent to the Wahab Subdivision, on Ocracoke Island, in Hyde
County, North Carolina. The original deadline for the requested restoration was 13 July 2005. This
deadline was extended, at your request, to the 13d` of August 2005.
In lieu of your recent health problems, I will extend the restoration deadline in order to allow
you additional time to comply with the requested restoration. The new restoration deadline will be
14 September 2005. Please note that this extension is for a 30-day time period. The requested
restoration must be performed to the satisfaction of the Division of Coastal Management by the date
indicated or you must provide an explanation for non-compliance and a reasonable request for a
time extension.
Since el
i
Steve J. Trowel]
Coastal Management Representative
c: Terry Moore - District Manager, Washington Regional Office
Raleigh Bland - US Army Corps of Engineers
Roy Brownlow , Enforcement Coordinator, DCM
Noo�n�ennCarolina
�vaturalill
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet: www.nocoastalmanagement.netl
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

05-07B
�1
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
14 Jul_v 2005
a
Mr. Jesse Spencer �k
Post Office Box 764 JUl 9 2005
Ocracoke, North Carolina 27960
Dear Mr. Spencer:
Morehead City Dom
This letter is in response to a request for an extension of your restoration deadline in
reference to the unauthorized filling of coastal wetlands onsite your property located off HWY 12
adjacent to the Wahab Subdivision on Ocracoke Island in Hyde County, North Carolina. On 9 June
2005 a Notice of Violation 05-07B was sent to you for the placement of this unauthorized fill. The
deadline for the requested restoration was 13 July 2005.
In lieu of your letter dated 13 July 2005, I will extend the restoration deadline in order to
allow you additional time to comply with the requested restoration. The new restoration deadline
will be 13 August 2005. Please note that this extension is for a 30 day time period. The requested
restoration must be performed to the satisfaction of the Division of Coastal Management by the date
indicated or provide an explanation for non-compliance and a reasonable request for a time
extension.
Since y,
Steve J. Trowell
Coastal Management Representative
C: Terry Moore - District Manager, Washington Regional Office
Raleigh Bland - US Army Corps of Engineers
�oy Brownlow — Enforcement Coordinator, DCM
943 Washington Square Mall, Washington, North Carolina 27889
Phone: [phone] FAX: [phone] Internet: www.nccoestalmanaaement.neN
Ie��`nCaro11�'na
�valura!!y

05-07B
RBrownlow
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
9 June 2005
CERTIFIED MAIL 7003 3110 0002 0582 3346
RETURN RECEIPT REQUESTED
Mr. Jesse Spencer
Post Office Box 764
Ocracoke, North Carolina 27960
Dear Mr. Spencer:
This letter confirms that on 8 June 2005 Terry Moore and I met you onsite your property located
off HWY 12 adjacent to the Wahab Subdivision on Ocracoke Island in Hyde County, North Carolina.
The purpose of the onsite inspection was to investigate information recorded by me during a routine
Dredge and Fill Surveillance flight on 26 May 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) as well as the
State's Dredge and Fill Law.
No person may undertake major development in a designated Area of Environmental Concern
(AEC) without first obtaining a permit from the N.C. Department of Environment and Natural Resources.
This requirement is imposed by N. C. General Statute (herein abbreviated N. C. G. S.) 113A-118.
Information I have indicates that you have undertaken, or are legally responsible for the unauthorized
filling of approximately 1,650 ftz of Coastal Wetlands with wood chips and earthen fill. The area filled
includes areas previously filled and subsequently restored subject to Notice of Violation 02-11B issued on
17 May 2002. The affected area contains but is not limited to the following Coastal Wetland species;
Distichlis isficata, Spatting ap tens, Scirous Q., and Juncus roemerianus. Coastal Wetlands are designated
Areas of Environmental Concern (AECs) and no permit was issued to you for development in these areas.
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 activities within
designated Areas of Environmental Concem. If the development that you have undertaken is not
consistent with applicable standards, as in this case, you will be required to restore all affected areas to
their former conditions. 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 which 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
943 Washington Square Mall, Washington, North Carolina 27889
Phone:[phone] \ FAX:252-94W478 \ Internet www.nccoastelmanagementnet/
An Equal Opportunity \ Affirmative Adon Employer— 50% Recycled \ 10% Post Consumer Paper

Mr. Jesse Spencer
9 June 2005
Page Two
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.
You are also in violation of the State's Dredge and Fill Law which requires a permit from the
N.C. Department of Environment, and Natural Resources before undertaking any excavation or filling in
any estuarine waters, tidelands, marshlands, or a state-owned lake. N.C.G.S. 113-229 The filling
activity that you have undertaken was done without a permit from this Division. Therefore, I also request
that you immediately CEASE AND DESIST such unauthorized activities violating the permit
requirements of the Dredge and Fill Law. Violations of the State's Dredge and Fill Law may be enforced
by a criminal penalty or a civil action for damages or an injunction. N.C.G.S. 113-229
Based upon N. C. Administrative Code, 7H. State Guidelines for Areas of Environmental
Concern, the filling activity you have undertaken in Coastal Wetlands is not consistent with Section
.0205, Coastal Wetlands. Therefore, I am requesting that the wood chips and earthen fill placed in
Coastal Wetlands be removed (see attached restoration plan and agreement). 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
restoration.
Thank you for your time and cooperation in resolving this matter. If you have any questions
about this or related matters, please call me at [phone]. Pending satisfactory restoration and the
submittal of an enforcement report, you will be notified as to the amount of a civil assessment for
undertaking development without the proper permits.
Sincerely,
Steve Trowell
Coastal Management Representative
Cc: Terry Moore - District Manager, Washington Regional Office, DCM
Ted Tyndall - Assistant Director, DCM
1py Brownlow - Enforcement Coordinator, DCM
Raleigh Bland - U.S. Army Corps of Engineers, Washington Office
William Wescott - U.S. Army Corps of Engineers, Washington Office
Tom Steffens - Division of Water Quality, Washington Office

Restoration Plan
05-07B
Wax Myrtle Bush
ARI DCM Flag
X— ti Coastal Wetland Line
Filled Coastal
Wetlands to be /
restored �L
I/ Unaffected
_�!C_ Coastal Wetlands
Coastal Wetland Line
Restoration Agreement
/f
Electric fence
Existing Gate
Not to Scale
I, Jesse Spencer, agree to remove the unauthorized fill material I placed or caused to be
placed in Coastal Wetlands. All affected areas of Coastal Wetlands are to be restored to the original
elevations and contours.
I agree to complete the restoration to the satisfaction of the Division of Coastal Management
by 13 July 2005 or provide an explanation of non-compliance and a reasonable request for a time extension.
Signature
Date
It is the policy of the Coastal Resource Commission to levy a civil penalty assessment not to
exceed $2,500 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!'ndall 05-07B
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director
NOTICE OF VIOLATION
9 June 2005
CERTIFIED MAIL 7003 3110 0002 0582 3346
RETURN RECEIPT REQUESTED
Mr. Jesse Spencer
Post Office Box 764
Ocracoke, North Carolina 27960
Dear Mr. Spencer:
Resources
William G. Ross, Jr„ Secretary
This letter confirms that on 8 June 2005 Terry Moore and I met you onsite your property located
off HWY 12 adjacent to the Wahab Subdivision on Ocracoke Island in Hyde County, North Carolina.
The purpose of the onsite inspection was to investigate information recorded by me during a routine
Dredge and Fill Surveillance flight on 26 May 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) as well as the
State's Dredge and Fill Law.
No person may undertake major development in a designated Area of Environmental Concern
(AEC) without first obtaining a permit from the N.C. Department of Environment and Natural Resources.
This requirement is imposed by N. C. General Statute (herein abbreviated N. C. G. S.) 113A-118.
Information I have indicates that you have undertaken, or are legally responsible for the unauthorized
filling of approximately 1,650 0:2 of Coastal Wetlands with wood chips and earthen fill. The area filled
includes areas previously filled and subsequently restored subject to Notice of Violation 02-11B issued on
17 May 2002. The affected area contains but is not limited to the following Coastal Wetland species;
Distichlis isp cats, Spartina ap tens, Scimus ap., and Juncus roemerianus. Coastal Wetlands are designated
Areas of Environmental Concern (AECs) and no permit was issued to you for development in these areas.
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 activities within
designated Areas of Environmental Concern. If the development that you have undertaken is not
consistent with applicable standards, as in this case, you will be required to restore all affected areas to
their former conditions. 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 which 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
943 Washington Square Mall, Washington, North Carolina 27889
Phone:[phone] \ FAX:[phone] Internet: www.nccoastalmanagementnetl
An Equal opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Mr. Jesse Spencer
9 June 2005
Page Two
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.
You are also in violation of the State's Dredge and Fill Law which requires a permit from the
N.C. Department of Environment, and Natural Resources before undertaking any excavation or AIng in
any estuarine waters, tidelands, marshlandsor a state-owned lake. N.C.G.S. 113-229 The filling
activity that you have undertaken was done without a permit from this Division. Therefore, I also request
that you immediately CEASE AND DESIST such unauthorized activities violating the permit
requirements of the Dredge and Fill Law. Violations of the State's Dredge and Fill Law may be enforced
by a criminal penalty or a civil action for damages or an injunction. N.C.G.S. 113-229
Based upon N. C. Administrative Code, 7H. State Guidelines for Areas of Environmental
Concern, the filling activity you have undertaken in Coastal Wetlands is not consistent with Section
.0205, Coastal Wetlands. Therefore, I am requesting that the wood chips and earthen fill placed in
Coastal Wetlands be removed (see attached restoration plan and agreement). 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
restoration.
Thank you for your time and cooperation in resolving this matter. If you have any questions
about this or related matters, please call me at [phone]. Pending satisfactory restoration and the
submittal of an enforcement report, you will be notified as to the amount of a civil assessment for
undertaking development without the proper permits.
Sincerely,
Steve Trowell
Coastal Management Representative
Cc: Terry Moore - District Manager, Washington Regional Office, DCM
'fled Tyndalk- Assistant Director, DCM
Roy Brownlow - Enforcement Coordinator, DCM
Raleigh Bland - U.S. Army Corps of Engineers, Washington Office
William Wescott - U.S. Army Corps of Engineers, Washington Office
Tom Steffens - Division of Water Quality, Washington Office

Restoration Plan
05-07B
N�
QWax Myrtle Bush
A DCM Flag
IQEY
T %. Coastal Wetland Line
Filled Coastal
Wetlands to be
restored �L
�/ Unaffected
�L_ Coastal Wetlands
Coastal Wetland Line
IVA
Restoration Agreement Electric fence
xisting Gate
Lvot to Scale
I, Jesse Spencer, agree to remove the unauthorized fill material I placed or caused to be
placed in Coastal Wetlands. All affected areas of Coastal Wetlands are to be restored to the original
elevations and contours.
I agree to complete the restoration to the satisfaction of the Division of Coastal Management
by 13 July 2005 or provide an explanation of non-compliance and a reasonable request for a time extension.
Signature
Date
It is the policy of the Coastal Resource Commission to levy a civil penalty assessment not to
exceed $2,500 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.

04-Nov-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
® CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
05-07B ISPENCER JESSE
CASE IS CLOSED Previous Violations in Same
- AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR
9/912005 IPROPERTY OWNER PRIVATE
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
POB 764 OCRACOKE NC 27960- F-
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
WAHAB SUBDIVISION JOCRACOKE PAMLICO SOUND HWY 12
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WARD HYDE ITROWELL F-
VIOLATION TYPE
MAJOR CAMA plus DREDGE AND FILL
NATURE OF VIOLATION
0
❑ RESTORATION NOT REQUIRED - CONTRACTOR
® ~I CW I] EW �� PTA ES PTS
I OEA I. J HHFA ❑ IHA I_ PWS NCRA
AEC DESCRIPTION
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ RESTORATION PENDING
sq.ft. of Coastal Wetlands with wood chips and
RESTORATION REQUEST DATE COMPLETION DATE
7/13/2005
RESTORATION EXTENDED RESTORE DATE
DEADLINE
EXTENDED 9/14/2005
REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION DATE: 1 r-
REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: F-
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
10/17/2005 $700 F
® PENALTY ISSUED -� WILLFUL 8 INTENTIONAL PENALTY MIN. OR DOUBLED)
❑ PENALTY NOT ISSUED 'i] CNOV ISSUED CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE ! PENALTY APPEALED APPEAL DATE
r
FORMAL CPA ISSUED I FORMAL CPA DATE
SETTLED. AGREED UPON. STIPULATED PENALTY F SETTLEMENT DATE
I _ UNCOLLECTIBLE PENALTY F-UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES
area was previously filled and subsequently restored in accordance with CASE NO. 02-11
ind extension granted 08/25/05 till 9/14/05.