05-63D Lowe

FILE MEMvP.ANDUM
TO: ROY BROWNLOYI, COMPLIANCE COORDINATOR
FROM: M. TED TYNDALL, ASST. DIRECTOR
SUBJECT: VIOLATION CASE CLOSURE RECOMMENDATIONS
DATE: 02/01/2012
CC: RONDA BENNETT
Investigation has disclosed information that warrants discontinuation of enforcement action on
the case listed below. Therefore, based upon staffs review and circumstances in this case, I
hereby authorize closing/discontinuing CAMA Violation case No.: 05- -6 >i-11 v
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M. TED TYNDALL. Assistant Director
02/01/2012
Date

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
November 7, 2005
CERTIFIED MAIL #7004 2510 0001 8280 0505
RETURN RECEIPT REQUESTED LSB
RB
Mr. Bill Lowe TB r2 RB
Anchors Away Boatyard MTT
585 Lewis Road
Hampstead, NC 28443
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-63D
Dear Mr. Lowe:
This letter confirms that on October 28, 2005, Coastal Management Field Representative Gale Stenberg
was onsite at your property located at 585 Lewis Road, adjacent to the Atlantic Intracoastal
Waterway/Topsail Sound, located in or near Hampstead, off Sloop Point Road, Pander County, North
Carolina. The purpose of the visit was to investigate unauthorized development of the construction of
floating plafforms/piers and freestanding moorings within waters of the Atlantic Intracoastal
Waterway/Topsail Sound.
Information gathered by me for the Division of Coastal Management indicates that you have undertaken
major development in violation of the Coastal Area Management Act (CAMA). No person may undertake
major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit
from the North Carolina Department of Environment and Natural Resources. This requirement is imposed
by North Carolina General Statute (N.C.G.S.) 113A-118.
Information I have indicates that. you have undertaken, or are legally responsible for the construction of the
following structures on the aforementioned property:
1. The construction of a 10 ft. by 16 ft. floating platform/pier.
2. The construction of an 8ft. by 48 ft floating platform that runs parallel to, and is attached to the
northern loading pier.
3. The construction of a 5 ft. by 43 ft. floating platform that runs parallel to, and is attached to the
southern loading pier.
4. The construction of an 8 ft. by 75 ft. floating platform that runs parallel to the shoreline and is
attached to the waterward end of the southern loading pier.
5. The construction of three freestanding moorings located south of the loading piers.
6. The construction of 8 free standing moorings located north of the loading piers.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

Mr. Bill Lowe
November 7, 2005
Page 2 of 3
This activity took place in Estuarine waters and public trust areas that are contiguous with the Atlantic
Intracoastal Waterway/Topsail Sound. Estuarine waters and Public Trust Areas are designated as Areas of
Environmental Concern (AECs). No permit was issued to you for work in this area. Based on these
findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal
Area Management Act.
I request that you immediately CEASE AND DESIST any further unauthorized development within
designated Areas of Environmental Concern. Based upon the North Carolina Administrative Code, Title
15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, if the activity you have
undertaken, construction of floating platforms/piers and free standing moorings in Estuarine Waters and
Public Trust Areas, is not consistent with Section .0208, which outlines the construction standards for these
items, you will be required to restore all affected areas to their conditions prior to the unauthorized
development activity. A civil assessment of up to $2,500 may be assessed against any violator. Each day
that the development described in this notice is continued or repeated may constitute a separate violation
that is subject to an additional assessment of up to $2,500. An injunction or criminal penalty may also be
sought to enforce any violation in accordance with N.C.G.S. 113A-126.
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500 not to
exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations
and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be
assessed depends on several factors, including the nature and area of the resources that were affected
and the extent of the damage to them. If the requested restoration is not undertaken and completed
satisfactorily, a substantially higher civil assessment will be levied and a court injunction will be sought
ordering restoration.
In order to determine if the aforementioned development activity may have been permitted via the CAMA
Permit process and to determine if the activity is consistent with the North Carolina Administrative Code,
Title 15A, 7H. State Guidelines for Areas of Environmental Concern, I am requesting that you provide me
with the following:
1) Documentation from the North Carolina Division of Water Quality stating that they have no
objections to the major development that has taken place on your property located at 585 Lewis Road,
Hampstead, Pander County, North Carolina. The contact person with the North Carolina Division of Water
Quality is Noelle Lutheran @ [phone].
2) Documentation from the 'Shellfish Sanitation Section of the North Carolina Division of
Environmental Health stating that they have no objections to the major development that has taken place
on your property located at 585 Lewis Road, Hampstead, Pander County, North Carolina. The contact
person with the Shellfish Sanitation Section of the North Carolina Division of Environmental Health is Patty
Fowler @ [phone]
3) Documentation from the North Carolina Division of Marine Fisheries stating that they have no
objections to the major development that has taken place on your property located at 585 Lewis Road,
Hampstead, Pander County, North Carolina. The contact person with the North Carolina Division of Marine
Fisheries is Fritz Rohde @ [phone].
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

+` Mr. Bill Lowe
November 7, 2005
Page 3 of 3
4) Documentation from the U.S. Army Corps of Engineers that a Permit has been obtained for the
major development that has taken place on your property located at 585 Lewis Road, Hampstead, Pander
County, North Carolina. The contact person with the U.S. Army Corps of Engineers is Henry Wicker @
[phone].
5)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 may
provide confirmation that adjacent riparian property owners have been notified by certified mail of the
completed work. This notice shall instruct adjacent property owners to provide any comments on the
completed development in writing to this Division within ten (10) days of receipt of the notice and shall
indicate that no response from them will be interpreted as not having any objection.
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the immediate future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately.
Thank you for your time and cooperation in resolving this important matter. If you have any questions about
this or related matters, please call me at [phone]. Pending your submission of the requested
documentation, you will be notified as to the amount of a civil assessment for undertaking development
without first obtaining the proper permit(s).
Sincerely,
Gale Stenberg
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager. DCM
Roy Brownlow, Compliance Coordinator, DCM
Brian Chambers, LPO
Noelle Lutheran, DWQ
Patty Fowler, Shellfish
Fritz Rohde, MF
Henry Wicker, COE
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF WARNING
SENT VIA FAX
October 20, 2006
D
O C T 2 4 2006
Bill Lowe
Anchors Away Boatyard
585 Lewis Rd.
Hampstead, NC 28443
Fax: [phone]
RE: NOTICE OF WARNING REGARDING A VIOLATION
Dear Mr. Lowe:
Morehead City DCM
This letter confirms that on October 10, 2006, Field Representative Jon Giles and I met with you onsite at
your property located at 585 Lewis Road, adjacent to the Atlantic Intracoastal Waterway, in Hampstead,
Fender County, North Carolina. The purpose of the visit was to consult with you regarding your proposal to
add floating docks to your facility.
Information gathered by the Division of Coastal Management shows that you have undertaken major
development in violation of the Coastal Area Management Act. Due to the nature of the situation, we have
opted not to issue a violation at this time. However, we request that you remove the unauthorized
structures immediately to avoid a Notice of Violation. All unauthorized structures must be removed by
November 6, 2006, or a Notice of Violation will be sent. Once you have come into compliance, we would be
happy to process a permit application for modifications to the facility. Please be advised the NC Division of
Environmental Health has expressed concerns over the cumulative effects of docks on shellfish closures in
the area.
You can contact me for the appropriate forms and procedures. Thank you for your time and cooperation. If
you have any questions about this or related matters, please call me at [phone].
Sincerely,
*� 60A'o
Heather Coats
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM

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14-Nov-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE NUMBER LAST NAME FIRST NAME BUSINESS NAME:
n 0533D ILOWE BILL ANCHORS AWAY BOATYARD
O CASE IS CLOSED I Previous Violations in Same
❑ AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR
111712005 � I PROPERTY OWNER 1COMMERCIAL
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
585 LEWIS ROAD HAMPSTEAD NC FEZ-- F-
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
585 LEWIS RD 1HAMPSTEAD JAIWW SR 1584
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WIRO FENDER ISTENBERG I
VIOLATION TYPE ❑ CW J❑ EW d❑ PTA [] ES I I PTS
MAJOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS I_ J NCRA
NATURE OF VIOLATION AEC DESCRIPTION
luthorized major development by the construction of floating plattorms, piers, ana
EW and PTA AECs adjacent to the AIWW and Topsail Sound.
RESTORATION QUEST DATE COMPLETION DATE
❑ RESTORATION NOT REQUIRED -CONTRACTOR El DEADLINE
EXTENDED RESTORE DATE
DEADLINE ElRESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED 1
RESTORATION NOT REQUIRED - FURTHER IMPACTS L_] REFERRED TO AG'S OFFICE - INJUNCTION
INJUNCTION DATE:I
I RESTORATION PENDING REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: (--
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
❑ PENALTY ISSUED
WILLFUL 8 INTENTIONAL PENALTY (MIN. OR DOUBLED)
❑ PENALTY NOT ISSUED ❑ CNOV ISSUED CNOV DATE
[] CONRACTOR'S FIRST OFFENSE ❑ PENALTY APPEALED r APPEAL DATE
El FORMAL CPA ISSUED I FORMAL CPA DATE
❑ SETTLED. AGREED UPON. STIPULATED PENALTY r�SETTLEMENT DATE
�. UNCOLLECTIBLE PENALTY F-UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES

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North Carolina
Michael F. Easley, Governor
AGRAIV
NCDENR
Department of Environment and Natural Resources
Division of Coastal Management
Charles S. Jones, Director
NOTICE OF VIOLATION
November 7, 2005
CERTIFIED MAIL #7004 2510 0001 8280 0505
RETURN RECEIPT REQUESTED
Mr. Bill Lowe
Anchors Away Boalyard
585 Lewis Road
Hampstead, NO 28443
r�/Z I4r�
William G. Ross Jr., Secretary
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-63D
Dear Mr. Lowe:
This letter confirms that on October 28, 2005, Coastal Management Field Representative Gale Steinberg
was onsite of your property located at 585 Lewis Road, adjacent to the Atlantic Intracoastal
Waterway/Topsail Sound, located in or near Hampstead, off Sloop Point Road, Pander County, North
Carolina. The purpose of the visit was to investigate unauthorized development of the construction of
floating platforms/piers and freestanding moorings within waters of the Atlantic Intracoastal
WaterwaylTopsail Sound.
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 (CA.MA). No person may undertake
major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit
from the North Carolina Department of Environment and Natural Resources. This requirement is imposed
by North Carolina General Statute (N.C.G.S.) 113A-118.
Information I have indicates that you have undertaken, or are legally responsible for the construction of the
following structures on the aforementioned property:
1. The construction of a 10 ft. by 16 ft. floating platform/pier.
2. The construction of an 8ft. by 48 ft floating platform that runs parallel to, and is attached to the
northem loading pier.
3. The construction of a 5 ft. by 43 ft. floating platform that runs parallel to, and is attached to the
southern loading pier.
The construction of an 8 ft. by 75 ft. floating platform that runs parallel to the shoreline and is
attached to the waterward end of the southern loading pier.
The construction of three freestanding moorings located south of the loading piers.
The construction of 8 free standing moorings located north of the loading piers.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

Mr. Bill Lowe'
November 7, 2005
Page 2 of 3
This activity took place in Estuarine waters and public trust areas that are contiguous with the Atlantic
Intracoastal Waterway/Topsail Sound, Estuarine waters and Public Trust Areas are designated as Areas of
Environmental Concern (AECs). No permit was issued to you for work in this area. Based on these
findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal
Area Management Act.
I request that you immediately CEASE AND DESIST any further unauthorized development within
designated Areas of Environmental Concern. Based upon the North Carolina Administrative Code, Title
15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, if the activity you have
undertaken, construction of floating platforms/piers and free standing moorings in Estuarine Waters and
Public Trust Areas, is not consistent with Section .0208, which outlines the construction standards for these
items, you will be required to restore all affected areas to their conditions prior to the unauthorized
development activity. A civil assessment of up to $2,500 may be assessed against any violator. Each day
that the development described in this notice is continued or repeated may constitute a separate violation
that is subject to an additional assessment of up to $2,500. An injunction or criminal penalty may also be
sought to enforce any violation in accordance with N.C.G.S. 113A-126,
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $500 not to
exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations
and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be
assessed depends on several factors: including the nature and area of the resources that were affected
and the extent of the damage to them. If the requested restoration is not undertaken and completed
satisfactorily, a substantially higher civil assessment will be levied and a court injunction will be sought
ordering restoration.
In order to determine if the aforementioned development activity may have been permitted via the CAMA
Permit process and to determine if the activity is consistent with the North Carolina Administrative Code,
Title 15A, 7H. State Guidelines for Areas of Environmental Concern, I am requesting that you provide me
with the following:
1) Documentation from the North Carolina Division of Water Quality stating that they have no
objections to the major development that has taken place on your property located at 585 Lewis Road,
Hampstead, Fender County, North Carolina. The contact person with the North Carolina Division of Water
Quality is Noelle Lutheran @ [phone].
2) Documentation from the Shellfish Sanitation Section of the North Carolina Division of
Environmental Health stating that they have no objections to the major development that has taken place
on your property located at 585 Lewis Road, Hampstead, Fender County, North Carolina. The contact
person with the Shellfish Sanitation Section of the North Carolina Division of Environmental Health is Patty
Fowler @ [phone]
3) Documentation from the North Carolina Division of Marine Fisheries stating that they have no
objections to the major development that has taken place on your property located at 585 Lewis Road,
Hampstead, Fender County, North Carolina. The contact person with the North Carolina Division of Marine
Fisheries is Fritz Rohde @ [phone].
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper

Mr. Bill Lowe
November 7, 2005
Page 3 of 3
4) Documentation from the U.S. Army Corps of Engineers that a Permit has been obtained for the
major development that has taken place on your property located at 585 Lewis Road, Hampstead, Fender
County, North Carolina. The contact person with the U.S. Army Corps of Engineers is Henry Wicker @
[phone].
5)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 may
provide confirmation that adjacent riparian property owners have been notified by certified mail of the
completed work. This notice shall instruct adjacent property owners to provide any comments on the
completed development in writing to this Division within ten (10) days of receipt of the notice and shall
indicate that no response from them will be interpreted as not having any objection.
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the immediate future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately.
Thank you for your time and cooperation in resolving this important matter. If you have any questions about
this or related matters, please call me at [phone]. Pending your submission of the requested
documentation, you will be notified as to the amount of a civil assessment for undertaking development
without first obtaining the proper permit(s).
Sincerely,
Gale Stenberg
Coastal Management Representative
Cc: Ted Tyndall, Assistant Director, DCM
Jim Gregson, District Manager. DCM1
Roy Brownlow, Compliance Coordinator, DCM
Brian Chambers, LPO
Noelle Lutheran, DWQ
Patty Fowler, Shellfish
Fritz Rohde, MF
Henry Wicker, COE
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal opportunity \Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper

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