05-35A Hayes

&F10 LSB MTT
RB
NCDENR
North Carolina Department of Environment and Nacuiarntzuuruuz - —
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
May 3, 2006 ISH to
Mr. Charles Hayes MAY 0 8 2006
Currituck Associates
P.O. Box 229 Morehead City DCM
Kitty Hawk, NC 27949
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Currituck County, CAMA Violation #05-35A
Dear Mr. Hayes:
This letter will acknowledge receipt of your Check #11757 in the amount of $500, and dated
05/02/06. Once the amount of the check is credited to the Department of Environment and
Natural Resources' account, this matter will be fully and completely closed.
If you have any further questions concerning this matter, please contact me at my Elizabeth City
office at 252-264-3901.
Sincerely,
Ted S pson
District Manager
TS/yc
cc.[:Ted Tyndall, Assistant Director, DCM, Morehead City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
John Cece, Coastal Management Rep., DCM, Elizabeth City
Randy Joyner, Local Permit Officer, Currituck County
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 30% Recycled by Fiber Weight

Charles Hayes
April 24, 2006
Page 3 of 3
CAMA VIOLATION #05.35A
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 $500.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 at seMc , committed on or near my property off of Hunt Club Drive in Currituck
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 December 1, 2005, and agree
to pay the proposed civil assessment of $500.00,
DATE
i
f
ADDRESS
J-S vt? ( — z! B✓
TELEPHONE NUMBER

i, t
DCM ENFORCEMENT TRACKING REPORT'
�N Cat✓ issuer _3
Fie!d Rep. !� Violation Base No.
'�nn B C D
LPO 13.1 i if7 Al
�� � �C rAA . y Violated Permit No.
�(1
LPJ k l 0 UM � 7 (If appllw6le) .
Violation Descripti n Was activity permittable7 e ! No
Initial Discovery Date s Discovery MethodFiiRA5 Cj4LL F�°��11/t CUi?A°I1i[Cbc COlItA L j
Violation Description 3 n, A, ,-rl A, ca�in vnc FiLL ALI)A)6 N700i aF &-5mi 1we s}► glIJUE
Respondent
In same AEC; Yes ! No
Cit tgft ( #Awk State NC zip
Address---r t c v�r� a cc f y
Phone #_W--3131 2oa-12g0 Fax#
Email
Violation Type: Project Type: Authorizations Required: Site Visits Respondent SlteVisits Respondent'
,.}� Present Present
Na Permit El 'Major AMA ) DS ❑ ❑
Permit Condition ❑ Govt./Public El Minor D&F ❑
❑ Expired Permit -`Commercial ❑ General El ❑
❑ Inconsistent WI Rules A r la ig 11 >_, 4+ 4SSaC
Violation Location and Site Description
Project Location: County CUKKITUCK
Street Address/ State Roadt Lot
CityCa go t == R— ZIP
Phone # (_) —� River Basin --� aDim-
Adj. Wtr. Body.CL4Rig
ITl[L'lmaaluakal—
Closest Maj. Wtn Body _URIC,) S011N-L�-- —
Rover File
Shoreline Length
SAV: Not Sure
®
No
Sandbags: Not Sure
Yes
Jo
PNA:
Yes
(D Adjacent
ORW:
Yes
(9 Adjacent
Crit. Hab.
Yes
Photos
1&
No
Waiver Required
of
I .
In DWQ Buffer Area
Yes
Specify DWQ Buffer If applicable:
=
Restoration
a a Initial Req. Camp. Date CE
NOV Date Z©�Q6
CNOV Date - _ Date Comp. Observed_
1 7J.0409 Ref
Penalty Assessment llz _
pA p !Permit Fee, Z �7.
Sent to Respondent Date T
Rcvd by DCM Date
Assessment Extended
-3
Yes to J
Penalty
W illfulll ntent.
Continuing
Other
Total
Extension Granted Yes No
Restoration Letter LI /z Oc
Acceptance Date 1
Recomm. Assess. , DCM Assess.
sod_ s
$
--�
®_-
g !S
$ +S
---= e

r
Formal Assessments, Appeals and Reductions
Date Long Fdrm Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
❑ Penalty modified
Final Assessment $ Date
-
Attorney General's Office for Injunction or Formal Collection
Date sent to AG, ❑ Respondent not responsive to penaltylNOV ❑ Injunction to complete restoration
Date Collection Let. Sent Date Demand Let. Sent
Violation Activities and Impacts
AECs Affected: Wetlands Impacted? Yes /(9 If yes, which types:
CW EW PTA PTS
OEA HHF IH SA DS' Cl SY • 1R LS TY.
PWS: FC: SS SC SP IF - BF 404
Other:
Restoration Required by the Respondent / No
Dimensions in excess
of permit/ unauthorized activities
Dimensions to restor
Final dimensions
allowed
Actually restored
Development Activities
I 7,100
L( &7.S
#
LL N
CC
Habitat Description
& F LL
110 '75" AEC
% 1
NOTES:
Closing
�
� u
Payment Received S_ —_.--_Date_
Date Case Closed ,S

09-May-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CA*stA i CASE NUMBER LAST NAME
O FIRST NAME BUSINESS NAME:
05-35A HAYES,JR. CHARLES CURRITUCK ASSOCIATES
0- CASE IS CLOSED . PrEVioui ,' Violations In .`z:tn3c
❑ +in2ilrr
NOV DATE CLOSURE DATE Elapsed Days gFFLILIATION SECTOR AEC lot Ai.tJv1V- <.
12/1/2005 IfItIlM 1PROPERTY OWNER ICOMMERCIAL
MAILING ADDRESS
CITY STATE
ZIP CODE PHONE NUMBER
POB 229
1 KITTY HAWK INC
27949- [phone]
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
HUNT CLUB DR, CURRITUCK
COROLLA
:CURRITUCK SOUND I —
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
'ECDO CURRITUCK ICECE I
VIOLATION TYPE
FAFFECTEDAEC(Si).
❑ CW
❑ EW
[-]PTA
© ES
❑ PTS
MAJOR LAMA
❑ OEA
❑ HHFA
❑ IHA
❑ PWS
❑ NCRA
NATURE OF VIOLATION
AEC DESCRIPTION
major develoment by tilling and grading within the ES AEC adjacent to the Currituck Sound.
RESTORATION STATUS: - -
RESTORATION REQUEST DATE. COMPLETION DATE
©
12/30120051 4/20/2006
❑ RESTORATION NOT REQUIRED - CONTRACTOR
ElRESTORATION EXTENDED RESTORE DATE
ElRESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
DEADLINE
EXTENDED
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS
❑ REFERRED TO AG'S OFFICE - INJUNCTION
❑ RESTORATION PENDING
INJUNCTION REFER DATE: 'i
❑ REFERRED TO AG'S OFFICE - COLLECTION
}
COLLECTION REQUEST DATE: 1
PENALTY SYISSUTUS
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
412412006 � � $500
$500 5/3/2006
]PENALTY ISSUED
❑ WILLFUL &INTENTIONAL PENALTY (MIN. OR DOUBLED)
El PENALTY NOT ISSUED
❑ CNOV ISSUED —CNOV DATE
❑ CONRACTOR'S FIRST OFFENSE
❑ PENALTY APPEALED —APPEAL DATE
❑ FORMAL CPA ISSUED r FORMAL CPA DATE
SETTLED. AGREED UPON, STIPULATED PENALTY I SETTLEMENT DATE
❑ UNCOLLECTIBLE PENALTY I UNCOLLECTIBLE DETERMINATION DATE
Violations_ Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.)
AMOUNT OF RESTORED AREA (SQ. FT)
NOTES
related case no. Ub-34A Partington - contractor.

NCDENR
North Carolina Department of Environment and Natural Resources APR
Division of Coastal Management e� 2 2006
Michael F. Easley, Govemor Charles S. Jones, Director v�lfslw*Adeetary
k fl�M
April 24, 2006
CERTIFIED MAIL LSB MTT
RETURN RECEIPT REQUESTED TB (L RB
RB
Mr. Charles Hayes
Currituck Club
P. 0. Box 229
Kitty Hawk, NC 27949
RE: CAMA VIOLATION #05-35A
Dear Mr. Hayes:
This letter is in reference to the Notice of Violation dated December 1, 2005, that Mr. John Cece, representative
for the Division of Coastal Management, issued to you for the placing approximately 3000 cubic yards of fill
within 75 feet of the Currituck Sound off of Hunt Club Drive in Corolla, Currituck County. The violation involved
the Estuarine Shoreline, which is an Area of Environmental Concern designated by the Coastal Resources
Commission. Based upon the site visit conducted on April 20, 2006 by Mr. John Cece, 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 $500.00 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 Proposed Civil Assessment;' (2) attach
a check or money order for $500.00 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.
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 30% Post Consumer Fiber Paper

Charles Hayes,.,
April 24, 2006'',ke
Page 2 of 3 ,Ak
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 (DCM) 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,
,led Sampson
District Manager
Northeast District
TSlyc
Enclosure: Agreement to Pay Proposed Civil Assessment
ocl000lled Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City
Brownlow, Compliance Coordinator, DCM, Morehead City
John Cece, Coastal Management Representative, DCM, Elizabeth City
Randy Joyner, Local Permitting Officer, Currituck County
Cheryl Eggar, Planning Department, Currituck County

Charles Hayes
j April 24, 2006
< Page 3 of 3
CAMA VIOLATION #05.35A
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 $500.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near my property off of Hunt Club Drive in Currituck
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 December 1, 2005, and agree
to pay the proposed civil assessment of $500.00.
DATE SIGNATURE
ADDRESS
TELEPHONE NUMBER

s
DCM ENFORCEMENT TRACKING REPORT
TUlfN C> Isauer i —a5
3 —
D
Field Rep. 7� Violation Base No.
B C
LPO l t� i4gI A�
CCU �� I Violated Permit No,
LPl I/ {� Caun�T�Y (if apPllCahle) .
Violation Descrlpti n Was activity permittable7 9/ No Lk
Initial Discovery Date 3 5-Discovery Method Et;'1'i 15 CALL- 1952M U401111ek e//fJ1�
Violation Description 3 t
o f o p,-.-1 v o ruin Ym FILL AL.1)A)& 'v700 OF ESTfAA!"t l) �LI WE
n Prior Viol4itions In same AEC: Yes ! No
Respondent
Address rf} vvr ti k r
Phone#*?41.-3131 '20-9-1 a290
City &fj YQW State /VC Zip
Fax #
Email
Violation Type: Project Type; Authorizations Required: Site Visits Respondent Site Visits Respondent
Present Present
No Permit ❑ PrivatelCommunity 'ix—majortAMA 0; ❑ ❑
Permit Condition ❑ Govt./Public ❑Minor &F ❑
❑ Expired Permit 'Commercial ❑ General ElrIJ
❑ Inconsistent wl Rules n 11 P)LHE4 I}SCo --
Violation Location and Site Description
Rover File
Project Location: County CU Ii1:I TU C K
Shoreline Length
Street Address/ State Road/ Lot #(s)
C��/� �1�+E
SAY: Not sure ©
Sandbags: Not Sure Yes
No
J(TJ0)
Aura"
PNA: Yes
ORyt/; Yes
A(�b Adjacent
�r1 Adjacent
� �� uLl�
Subdivision----���
ppS,�,c�qtA+�J.IJ-..f
City_�J11L�L� Zip---(��"����r,.�
Crit. Hab. Yes
Phone# (_)— River Basin __ PSQ U n&
Photos &
Waiver Required
No
o
Cm � '2[ C Stl V Al a fman /u Imo—
---.-.-�--01
Adj. W[r. Body___r1����
Yg
o
,r�,n�lSIl1/Al1/
In DWQ Buffer Area
Closest Maj. Wtr. Body ]rid. �1 f 2YUC
Specify DWQ Buffer if applicable:
—
Restoration ,.���� Extension Granted
r�YI /U.`7 Initial Req. Comp. Date 3• QS
Yes No
/n(
NOV Date �7� Restoration Letter
L�ZU�C)f; � D c
L{ /z
CNOV Date _ Date Comp. Observed — _ — Acceptance a e —
Penalty Assessment ___
71.0409 Ref. j Recomm. Assess. I DCM Assess.
r App,IPermit Fee ) ��7��t'S
Sent to Respondent Date __-----
5 L% -
Penalty L U�---.--� - —
Rcvd by DCM Date ---- X+
Willful/Intent. I
Assessment Extended Yes No
-- --
Continuing $—
S i$
Other
--- Total—VV—('o.,•u

r
Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes No
Date Formal CPA Submitted
Final Assessment $ Die El Penalty modified
Attorney General's Office for Injunction or Formal Collection
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: 1. Wetlands Impacted? Yes /9 if yes, which types:
CW EW PTA PTS
OEA • HHF IH SA DS' Cl SY • 1R LS TY.
PWS: FC; SS SC SP IF BF 404
Other:
Restoration Required by the Respondent / No
Dimensions in excess
of permidunauthorized acdvldes
Dimensions to restcr
Final dimensions
allowed
Actually restored
Development Activities
I171700
11 zsS
N
f} LL 1Aj
wSmi- 1 sicr
Habitat Description
LL
1 '7
1)
NOTES:
Closing
Payment Received S____...._______Date._ _-- Date Case Closed

NCDENR ;I
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William . Ross JAJa,%c'%t* 2006
April 24, 2006
Morehead City DCM
Mr. Charles Hayes MTT
CumtuckAssociates D � �gg
PO Box 229
Kitty Hawk,
NC 27949 RB
RE: RESTORATION ACCEPTANCE— CAMAVIOLATION #05.35A
Dear Mr. Hayes:
This letter is in reference to the Notice of Violation #05-35A sent to you dated December 1, 2005 for the
placing of approximately 3,000 cubic yards of fill within the Estuarine Shoreline Area of Environmental
Concern in or near the Cumtuck Sound. The violation took place on your property located off of Hunt Club
Drive in or near the community of Corolla in Currituck County, North Carolina. This unauthorized activity
constituted development and you were requested to:
• Remove all fill (1 foot deep x 15 feet wide x 700 feet long) placed in the 30-foot buffer,
• Properly install 700 feet of silt fence along the landward edge of the 30-foot buffer,
• Re -grade the fill placed above the 30-foot buffer to minimize potential turbidity within storm water
run-off, and
• Vegetate the 700-foot long section of the 75-foot Estuarine Shoreline AEC.
In accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, any violation
involving development which is inconsistent with guidelines for development within Areas of Environmental
Concern (AEC) must be corrected by restoring the project site to pre -development conditions to recover
lost resources or to prevent further resource damage,
I conducted another site visit at the aforementioned property on April 20, 2006 to inspect the restoration of
the unauthorized activity addressed in the Notice of Violation #05-35A. Based on this inspection, it appears
the restoration is accomplished to the satisfaction of this Division. Upon my submission of an enforcement
report, you will be notified as to the amount of the civil penalty for undertaking this unauthorized activity
within an Area of Environmental Concern.
Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this
matter, please feel free to call me at 252-264-3901.
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 30% Post Consumer Fiber Paper

Mr. Charles Hayes
April 24, 2006
Coastal Management Representative
` Cc.-TedThdall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City
ed Sampson, District Manager, DCM, Elizabeth City
Toy Brownlow, Compliance Coordinator, DCM, Morehead City
Randy Joyner, Local Permitting Officer, Currituck County
Cheryl Eggar, Planning Department, Currituck County

1
y LSB
-B
eo;A MTT
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
December 1, 2005 %� Y, p
CERTIFIED MAIL DEC - 5 2005
RETURN RECEIPT REQUESTED
Mr. Charles Hayes Jr. Morehead City DCM
c/o Currituck Associates
Kitty Hawk, NC 27949
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05.35A
Dear Mr. Hayes:
This letter confirms that on November 3, 2005, Mr. Jon Hain (Currituck County Local Permitting Officer) and
I were onsite at your property located at the Currituck Club PUD, Phase 14 adjacent to the Currituck Sound
located in or near Corolla, off Hunt Club Drive, Currituck County, North Carolina. The purpose of the visit
was to investigate unauthorized development consisting of placing approximately 3000 cubic yards of fill on
700 feet of shoreline adjacent to the Currituck Sound. On November 22, 2005 1 met you, Joe Lassiter
(Quible and Associates), Sean Boyle (Quible and Associates), and Bob Hauser (Currituck Associates) at
the offices of Quible and Associates to discuss this violation and restoration alternatives.
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.) 11 3A-1 18.
I have information that indicates you have undertaken or are legally responsible for placing an average of 2
feet of fill on 60-feet of the 75-foot Estuarine Shoreline AEC along 700 feet of shoreline on the
aforementioned property. This activity took place in the Estuarine Shoreline that is contiguous with the
Currituck Sound. Estuarine Shorelines are designated as Areas of Environmental Concern (AEC). No
permit was issued to you for work in this area. Based on these findings, I am initiating an enforcement
action by issuing this Notice of Violation for violation of the Coastal Area Management Act.
I request that you immediately CEASE AND DESIST any further unauthorized activities within designated
Areas of Environmental Concern. 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 (N.C.G.S. 11 3A-1 26).
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper

Mr. Charles Hayes Jr.
December 1, 2005
Page 2 of 2
It is the policy of the Coastal Resources Commission to levy a civil assessment of at least $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. 3 �g &- G-f
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. S0 u
a12 ui lines for Areas
of Environmental Concern, the activity you have undertaken, placing approximat y 30bic yards of fill
on 700 feet of shoreline adjacent to the Currituck Sound in the Estuarine ine AEC(s), is not
consistent with Section 15A NCAC 07J,0201, which requires "After March 1,1978, every person wishing to
undertake any development in an area of environmental concern shall obtain a permit from the
Department..." Therefore, as we discussed at our November 22 meeting, I am requesting that you:
c Y
• Remove all fi 1 foot de` 15 feet wide x 700 feet�ng) placed in the 30-foot buffer,
Properly install 700 feet of silt fence ace a on�ard edge of the 30-foot buffer,
• Re -grade the fill placed above the 30-foot buffer to minimize potential turbidity within storm water
run-off, and
• 6tate a 700-foot long section of the 75-foot Estuarine Shoreline AEC.
--CgsSc L t z�
Please refer to the enclosed Restoration Plan.
If you intend to cooperate with my request, please sign one of the attached Restoration Agreements and
return it to me in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure
to comply with this request, or respond back to this office prior to the requested deadline with an acceptable
schedule for compliance will be interpreted as a refusal to cooperate and will result in a Notice of
Continuing Violation, as well as a court injunction being sought ordering compliance.
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with these requirements. A site inspection will be made in the near future to determine
compliance with this REQUEST TO CEASE AND DESIST. 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]. Upon completion of the restoration as requested
in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be
notified as to the amount of the civil assessment for undertaking development without first obtaining the
proper permit(s) and/or development that is inconsistent with Coastal Resources Commission's rules.

r �
Mr. Charles Hayes Jr.
December 1, 2005
Page 3 of 3
Sincerely,
John Cece
Coastal Management. Representative
G"a
cc: Ted Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City
Ted Sampson, District Manager, DCM, Elizabeth City
Roy Brownlow, Compliance Coordinator, DCM, Morehead City
Gary Ferguson, Planning and Inspections Director, Currituck County
Jon Hain, Local Permitting Officer, Currituck County
ENCLOSURE: Restoration Plan

Mr. Charles Hayes Jr.
December 1, 2005
Page 4 of 4 a
RESTORATION PLAN
For
Mr. Charles Hayes Jr. c/o Currituck Associates Property
CAMA Violation No. 05-35A
Property located off Hunt Club Drive, Currituck County
H— No-r To SQ�z,5F
R'e 41? 0C- Ft « f
��q�lE 70ri L.ON6
Rrn�vE 1f'�X7�r,' I�B61'� 3�' BuFC�'t2 _ _ -7s' �4�C
OF FILL acorn 3©' BaFroQ "
7_
_N
-� 7001511.T'
ano Wiwi.
' t 7001 I
LUIRAITUCK Snuh)b
I, Charles Hayes Jr., agree to
• Remove all fill (1 foot deep x 15 feet wide x 700 feet long) placed in the 30-foot buffer,
• Properly install 700 feet of silt fence along the landward edge of the 30-foot buffer,
• Re -grade the fill placed above the 30-foot buffer to minimize potential turbidity within storm water
run-off, and
Vegetate the 700-foot long section of the 75-foot Estuarine Shoreline AEC,
I agree to complete this restoration to the satisfaction of the Division of Coastal Management (DCM) by
December 30, 2005, or provide an explanation for non-compliance and a reasonable request for time
extension. When corrective actions are complete, I will notify the DCM so the work can be inspected.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a civil assessment of at least $500, or higher, against all violations
of this type depending upon the damage to the resources. If restoration is not undertaken or satisfactorily completed, a
substantially higher civil assessment will be levied and an injunction sought to require restoration.

DCM ENFORCEMENT TRACKING REPORT
3UI�N C Is Violation
—_3
Field Rep. t'� Violation Base No.
8 C D
LPO hl 441 A)
U � I .,1/ Violated Permit No.
C
LPl h CottyI7 (if applicable)
Violation Descripti n Was activity Perim ttable7 e / No
C IA►4A° 11
Initial Discovery Date 3 Discovery Method P ji/� C)�l� rz°? &
Violation Description 3 f
o, .4 &rN Aa UZZim VAn FILL �iU6 �70U OlC �S(d{R A)5 S� t1 Qfi)
Respondent Information Prior Viol tions in same AEC: Yes! No ;Case;Number:r;;'
Respondent Name(s) �-- yg�� �Cl Ck �pr5sm-1tIg (4:�Agent/Cc
0A 919X City p.C±lyFIiw State lk Zip
Phone # 941— oil 31 ?0�-1 `a'i�d Fax #
Email
.maiatienType: Project Type: AutharizationsRequired: Site Visits Respondent Site Visits Respondent
Present Present
No Permit ❑ Private/Community •'Major AMA ❑ ElPermit Condition ❑ Govt.iPublic ❑ Minor D&F ❑
❑ Expired Permit -`Commercial ❑ General / El
❑
❑ Inconsistent w/ Rules 4T: (0 U I g � � 1 �!}' 52C o
Violation Location and Site Description
Rover File
Project Location: County CU VV I Tld C k
Shoreline Length
Street Address/ State Road/ Lot #(s)
SAM Not Sure
Sandbags: Not Sure
(ED
Yes
No
&
��"^v mot,
Subdivision_S�u ' uC71y el-lig
PNA:
Yes
Yes
Adjacent
Adjacent
n
City Co R Q LLP -- ZIP
ORW:
Crit. Hatt.
Yes
River Basin 11 �� �/
amt
Photos
No
Phone # (—) —__ _�-
ltban I; �nkn1_
Adj. Wtr. Body CIA r2 �1�r�
Waiver Required
Yes
o
o��yy/�r�
Closest Maj. Wtr. Body —C Lffv�JKw
In DWQ Buffer Area
Specify DWQ Buffer If applicable:
=
Restoration �S Extension Granted
Initial Req, Comp. Date
Yes No
NOV Date ' `!�—
Restoration
Letter
CNOV Date - _ Date Comp. Observed __ _.-- Acceptance Date
_ + 75409 Ref.
11 i Recomm. Assess. DCM Assess.
Penalty Assessment
Sent to Respondent Date ___—_ App./Permit Fee J�t S � 00
--- —
j Penalty ATs
IL A_
Rcvd by DCM Date - ---- s Is
j Willfulllntent. — _—
Assessment Extended Yes No
Continuing
_ —
i Other

y
Formal Assessments, Appeals and Reductions
Date Long Form Submitted
Date Formal CPA Submitted
Final Assessment
Assessment Appealed Yes No
❑ Penalty modified
Attorney General's ,Office for Injunction or Formal Collection
Date sent to Aq ❑ Respondent 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 /(9 If yes, which types:
CW EW PTA O PTS
OEA HHF IH SA IDS Cl SY • A LS TY
SS SC SP IF • BF 404
PWS: FC:
Other:
Restoration Required by the Respondent / No
Dimensions In excess
of permit/ unauthorized activities
Dimensions to restor
Final dimensions
allowed
Actually restored
Development Activities
I I A).. A 700
LL S
!J
#)9E9h1Ib9F1LL AJ-
�u s
cE
Habitat Description
E MILL
to 7
0
i Jy
NOTES:
Closing
Payment Received S_—.._____—_llate._ _—_ Date Case Closed

21-Dec-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
' ' :CASE NUMBER LAST NAME
.� FIRST NAME BUSINESS NAME:
7735A 1HAYES, JR. CHARLES . CURRITUCK ASSOCIATES
CJ CASE IS CLOSED I;. Previous Violations in Same
" ❑ AEC for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days AFFLILIATION SECTOR
12l112005 �— PROPERTY OWNER JC6MMERCIAL
MAILING ADDRESS CITY STATE ZIP CODE PHONE NUMBER
POB 229 1 KITTY HAWK JNC 27949- [phone]
PROPERTY ADDRESS COMMUNITY WATERBODY NEAREST ROAD
HUNT CLUB DR, CURRITUCK COROLLA ICURRITUCK SOUND I
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO ICURRITUCK ICECE—
VIOLATION TYPE AFFEC7EDREC(S) ❑ CW ❑ EW ❑ PTA [J] ES ❑ PTS
MAJOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
Uauthorized major develoment by filling and grading within the ES AEC adjacent to the Currituck Sound
.RESTORATION STATUS,
❑ RESTORATION NOT REQUIRED - CONTRACTOR
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED - FURTHER. IMPACTS
❑ RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
12/30/2005 I
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:
PENALTY.STATUS. ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY ISSUED
❑ ❑ WILLFUL &INTENTIONAL PENALTY (MIN: OR DOUBLED)
PENALTY NOT ISSUED ❑ CNOV ISSUED I �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 I UNCOLLECTIBLE DETERMINATION DATE
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) �
AMOUNT OF RESTORED AREA (SQ. FT)"`
NOTES
related case no. 05-34A Partington - contractor.

02-ray-06 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE NUMBER LASTNAME
O FIRST NAME BUSINESS NAME:
05-35A 1HAYES, JR. ICURRITUCK ASSOCIATES
Cj CASE IS CLOSED
F',evloDa Violations in Larne
❑ AEC; for Similar Activities
NOV DATE CLOSURE DATE Elapsed Days
AFFLILIATION SECTOR
12/1/2005
1PROPERTY OWNER ICOMMERCIAL
MAILING ADDRESS
CITY
STATE ZIP CODE PHONE NUMBER
POB 229
KITTY HAWK
NC 27949- [phone]
PROPERTY ADDRESS
COMMUNITY
WATERBODY NEAREST ROAD
HUNT CLUB DR, CURRITUCK
1COROLLA
JCGRRITUCK SOUND I
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
ECDO ICURRITUCK ICEZE I
VIOLATION TYPE AFFECTED AEC(S). ❑ CW ❑ EW El PTA © ES ❑ PTS
MAJOR CAMA ❑ OEA ❑ HHFA ❑ IHA ❑ PWS ❑ NCRA
NATURE OF VIOLATION AEC DESCRIPTION
lauthorized major develoment by filling and grading within the ES AEC adjacent to the Currituck Sound.
RESTORATION STATUS - RESTORATION REQUEST DATE COMPLETION DATE
12/30/2005 1 4/20/2006
❑ RESTORATION NOT REQUIRED- CONTRACTOR RESTORATION EXTENDED RESTORE DATE
DEADLINE
❑ RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT EXTENDED
❑ RESTORATION NOT REQUIRED - FURTHER IMPACTS ❑ REFERRED TO AG'S OFFICE - INJUNCTION
❑ RESTORATION PENDING INJUNCTION REFER DATE: r—
❑ REFERRED TO AG'S OFFICE - COLLECTION
COLLECTION REQUEST DATE: I
ENLTY.STATUS ASSESSMENT DATE PENALTYAMOUNT COLLECTIONDATE AMOUNTCOLLECTED
A
4/24/2006 1 $500 F— �J
❑/ 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 ri 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
related case no. U5-34A Partington - contractor.