14-07B Portnoy

® 14-07 17
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory John E. Skvarla, III
Governor Secretary
NOTICE OF VIOLATION
24 November 2014
CERTIFIED MAIL 7010 0290 0001 5628 7260
RETURN RECEIPT REQUESTED
Dr. Melvin Portnoy
106 Inverness Point
Aurora, North Carolina 27806
Dear Dr. Portnoy:
This letter confirms that on 5 November 2014, Kevin Hart, Division of Coastal Management
Environmental Senior Specialist and I met you onsite your property located off NC Highway 33 at 106
Inverness Point adjacent Campbell Creek near Aurora, Beaufort County, North Carolina. This letter also
confirms our 18 November 2014 telephone conversation. The purpose of my on -site inspections was to
investigate unauthorized filling and grading.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken
minor development in violation of the Coastal Area Management Act (CAMA).
No person may undertake activity constituting minor 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, grading and
construction of an earthen berm within the Public Trust Shoreline of the Coastal Shoreline Area of
Environmental Concern. The total land disturbance was approximately f1,600 W. Coastal Shoreline is an Area
of Environmental Concern (AEC) as designated by the Coastal Resources Commission. Public trust shorelines
AEC are those non -ocean shorelines immediately contiguous to public trust areas located inland of the dividing
line between coastal fishing waters and inland fishing waters and extending 30 feet landward of the normal
water level. A permit was not issued to you for this work. 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. A civil assessment of up to $250 may be
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX:[phone] Internet: wvvw.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

Dr. Melvin Portnoy
24 November 2014
Page 2 of 2
assessed against any violator. Each day that the development activity described in this Notice is continued or
repeated may be considered a separate violation that is subject to an additional assessment of $250. 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 $227 against
all violations of this type. 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.
Based upon N.C. Administrative Code Title 15A Subchapter 7H, State Guidelines for Areas of
Environmental Concern, and the activity you have undertaken appear consistent with guidelines for Areas of
Environmental Concern. Therefore, restoration of the impacted area is not requested at this time. However,
please be advised that upon request, you must be able to provide us proof that you have given your adjacent
riparian property owners notice of this unauthorized development and provided them the opportunity to
comment to the Division of Coastal management.
Should you be requested to provide this documentation, you must provide confirmation that a written
statement has been obtained, signed by the adjacent riparian property owners, indicating that they have no
objection to the completed work; or you must provide confirmation that the adjacent riparian property owners
have been notified by certified mail of the completed work: This notice shall instruct adjacent property owners
to provide any comments on the completed development in writing to this Division within ten (10) days of
receipt of the notice and shall indicate that no response from them will be interpreted as not having any
objection. '
Thank you for your time and cooperation in resolving this important matter. If you have any questions
about this or related matters, please call me at [phone]. Upon my submission of an enforcement report to
the District Manager, you will be notified as to the amount of a civil assessment for undertaking development
without first obtaining the proper permit(s).
Sincerely,
R. Kelly Spivey
Coastal Management Representative
Cc: Roy Brownlow — Enforcement Coordinator, DCM
David Moye — Washington District Manager, DCM
Kevin Hart — Environmental Senior Specialist, DCM

:. ya
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory John E. Skvarla, III
Governor Secretary
1 December 2014
CERTIFIED MAIL 7010 0290 0001 5628 7215
RETURN RECEIPT REQUESTED
Dr. Melvin Portnoy
106 Inverness Point
Aurora, North Carolina 27806
RE: CAMA VIOLATION #14-0711
Dear Dr. Portnoy:
This letter is in reference to the Notice of Violation that Kelly Spivey, representative for the Division of
Coastal Management, issued to you on 24 November 2014 for unauthorized development in violation of the
Coastal Area Management Act (CAMA). The violation occurred onsite your property located property located
off NC Highway 33 at 106 Inverness Point adjacent Campbell Creek near Aurora, Beaufort County, North
Carolina. The violation resulted from the unauthorized filling, grading and construction of an earthen berm
within the Public Trust Shoreline of the Coastal Shoreline Area of Environmental Concern. The violation
involved Public Trust Shoreline of the Coastal Shoreline, which is an Area of Environmental Concern (AEC) as
designated by the Coastal Resources Commission.
The Coastal Area Management Act provides that a civil assessment of up to $10,000 plus investigative
costs 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 Resource Commission, a proposed civil penalty in the amount of $227 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 $227 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.
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX:252-94M478 Internet: www,nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer

Dr. Melvin Portnoy
1 December 2014
Page 2 of 2
If you do not send a signed agreement and payment to this office within ten (10) days, the Director of
the Division of Coastal Management will formally assess a civil penalty against you. You will then have the
opportunity to request a hearing on the penalty or request remission of the penalty.
Thank you for your time and cooperation in resolving this important matter. If you have any questions,
please do not hesitate to contact me at [phone].
Sincerely,
David W. Moye
District Manager
Division of Coastal Management
Washington Regional Office
ENCLOSURE
cc: Roy Brownlow — Compliance Coordinator, DCM
Kelly Spivey — Field Representative, Washington Regional Office, DCM
Kevin Hart — Environmental Senior Specialist

�ICYDEOIR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory
Governor
15 December 2014
Dr. Melvin Portnoy
106 Inverness Point
Aurora, North Carolina 27806
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act
Committed in Beaufort County
CAMA Violation No. 14-07 15
Dear Mr. Portnoy:
John E. Skvarla, III
Secretary
This letter will acknowledge receipt of Check No. 2054 in the amount of $227.00, and dated 10
December 2014. 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, (252)-948-3852, at the
Washington Regional office.
Sincerely,
(ZCWX L rnke-
David W. Moye
District Manager
Division of Coastal Management
Washington Regional Office
Cc Roy Brownlow, Compliance & Enforcement Coordinator, DCM
R. Kelly Spivey, Coastal Management Representative, WARD, DCM RECEIVED
Kevin Hart, Compliance and Enforcement Representative, WARD, DCM DEC 17 71`114
DCM-MOD CITY
No hCarolina
943 Washington Square Mall, Washington, NC 27889 �attlralty
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer

DCM ENFORCEMENT TRACKING REPORT RECEIVED
�J Issuer DFfr� 1
Rep. �i elly S�� J 90 Violation Case No.
t� �+trcn=e�tHn rrty
liance Rep. O ny /�
_ Permit No.
(if applicable)
LPJ
Violation Description ) / Was activity permittable?es o
Initial Discovery Dater A/v� /f— Discovery Method
Violation Description 4 eft e( " A rl 40 n�-�.- ^�"o ,t;� G -� l� rr, �Re
�' ac, c 4- 2Axe 11 Lr r le —
Respondent Name(s)
v
or D/F Violations: Yes CN31/ Prior Case No:
Address_/,0/p '✓ass /21 , City
Phone #
Corporate. Name & Registered agent
Fax #/Email
State etl e— Zip 27'V O e,
Violation Type:
Project Type:
Authorizations Required:
Site Visits
Respondent
Site Visits Respondent
No Permit
Private/Community
❑ Major
� CAMA
/
Present
Present
❑ Permit Condition
Govt./Public
Minor
❑ D&F
�X�v /�
L'7
❑ Expired Permit
❑ Commercial
❑ General
❑
❑
❑ Inconsistent w/ Rules
Tier Level: 1 II
III
❑
❑
Violation Location and Site Description
Lat/Long
--
Project Location: County �Ar Shoreline Length
Street Address/ State Road/ Lot #(a) /JG Yew y 33 a SAV: of Sure Yes No
l0 40 j N-we,i- sf, //
Hf
Sandbags: Not Sure Yes e=>
Subdivision �tr.�a
n-r-
PNA: Yes n� Adjacent
City ANP-0242-
ZIP 2 7 91p
ORW: Yes c!� Adjacent
[e
Crit. Hab. Yes
Phone # ( _)
/)
River Basin—'Y.�
Photos Yesi
Adj. Wtr. Body Gg=W.2 m�..e / J
nat / an /unkn
Waiver Required Yes
Closest Maj. Wtr. Body
y
In DWD Buffer Area <2> No
!J ),
Specify DW Q Buffer if a lica e.�. Y A �w
P Y pp �` Lam. - �+
Restoration
NOV Date—Z*% h%v✓/ 4 Initial Req. Comp. Date — Extension Granted Yes
CNOV Date
Penalty Assessment
Date Comp. Observed
Sent to Respondent Date / / App./Permit Fee
Rcvd. by Dist. Mgr. Date Penalty
Assessment Extended Yes No
Continuing
Investigative
Restoration Letter
Acceptance Date
7J.0409 Ref.
Recomm. Assess.
DCM Assess.
$ /ao
$ /oc�
�i
$ /am
$ /oa
$
$
$ 2-7
$ -Z- 7
Total
2
Z.-->

Formal Assessments, Appeals and Reductions
Date Long Form'Submitted Assessment Appealed: Yes No
Date Formal CPA Submitted-
Penalty modified
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection N �P�V,
Date sent to AG 'Q. Respondent not responsive to penalty/NOV'0 Injunction to complete restoration
Date Collection Letter Sent Date Demand Letter Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes If yes, which types:
CW EW <::L� ES PTS
OEA HHF IH USA N/A - SA DS CJ SY -JR LS TY
PWS: FC: SS SC SP IF SF 404
, Other:
Restoration Required by the Respondent Yes /��
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restore
Final dimensions
allowed
Actually restored
Mt pe,VelOpffle�t�ACiIYIt1e5
.y? a, k b r x W r `�
cm ly ="" �" +
' x i �' •:a $k ','
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NOTES:
Closing
Payment Received $ Date Date Case Closed